2008, 04-08 Regular Meeting
aGENUA
SPOkANE VAl.LE1' CCfY Cnl'`C'IL
RFGUL.AR !1iEETING
Councit Meeting il135
Tucsday, Apri18, 2008 6:00 p.m.
Spnkane Valley City Hall CaunciJ Chambers
11707 E Sprngue Avcnuc
Counci! Rtqura7.c P/ease Siltnce Yoru Cel! Phoncs Durrng Cnunci/ Afeetlng
CALL TU ORDFR:
[rVVOCAT101Y: Pastor Manuel Dcnning, Fouttt:►in Mittistri;-s
1'i_EDGF: OF ALLF.GIANCE:
ROI.I. CALL•
AE'PRUVA1. OF 4GENDA:
INTR()DUC'TIOV OF SPEC(AI.. GtTEST'S AtiU 1'RE..SFNTATI()YS:
CONiAiITI'EE. BOARll. LUISON SUriMARN' REI'ORTS:
NtAYnR'S RFP()RT: Proclvmation: "AirQcurlity:lwurenexs Week"
!'UALIC COriNiFNT5: This is tut upportunity for the pubiic to speak on itny sabject ttoi on the ugendn
fix rction (itrms a tlirough $ belaw hnvc srEwratr public cammcnt oppartunitics). wlicn you comc tu tbe
podiumT p(euse sute }vur name ancl addrcss for the record nnd fimit rcrtusrks ta thrce minutcs.
l. PCIBLIC AF.ARP,YG: Raliot Issuc: Comiiiu:ttion of Existinc: Zal~~; l:sc: 1';1x 1nr i'nhlic I nnsport3tion
Scrviccs.
2. PLiBL[C IIE.%KL-V(;: I3ullot Issue: lit() of l",~ Salrs Iax tor Fmcrgcncy C'ouimuuicatioiu S}sirtn5
and Eacilitics, Includinb L:quipment, Crime Check and Revenc Emergency Notireation Systrm.
3. CUVSEr"f AGEYD A: Cunsists of itcnis cunsidcred routinu which are appruved as a group. A.
Councilmc.iiibcr may rrmcrvc nn itstn f~n!m dic Cc•n5cnt A},Fertda to be catisidrrcd scpnrutcly.
:i. ApFxoval of Minutes of ti4nn:h 18, 2008 rNrcutive Srssion SpaciTl MeL4ing
b. Approval of MimttCS vFMarrh 18. 1-008 Council Stuciy SCSS10I1 MC`ctli1g
c. Approval of Minutcs of Marrh 25, 2008 Regular Cauncil Mecting
d_ Approvnl of NtinutCS of April 1, 2008 Counc:ii Study Scssion Mectiag
e. Appraval of Mcmar•uuium of Undcrstnnding 2008 Scrtivr Pavcback
f. Approval of Stancistill Agr+cctncni
g. Appruval of foliowing claim vouchers:
VOt'CHER LI57 DATF. VOI?C}iER #s T4TAi. VOUCHEit AMOUN"f
02+11"?008 138?B 17,000.00
i}1~'./2408 ficginning wl d 1385 I. endin&wl# 13426 599.409.24
03r'0'+/2008 Beginnin w/ 013671, cadin = wi#13982 433,502.72
03i lU!?U08 Br tnnin wl;t 13990, ctxlln wig 14023 110,958.80
03r2412008 Elr ' in w.'u 14024, endin wl0 14117 2,018,431.76
GRAND "fOTAL 3.179„302 52
04-08-08 Regulur Sfcc,ink Iti 2
hEW BLISItiESS:
4. Stcnnd Rcading Prupmse:d Orclinsnce 08-005 Stonnwater Urdinancc - JoIin HohmanlGlurin Mcintz
[pablic cnmmcnt]
5. Second Reading Prc.~poscd Ordinancc (19-006 Amend ins; Litcrim Ordinuncc 07-02 5 Grc¢ iMcCarrnick
(puhlic cQmmcatj
6, first Rcading Proposrd C1rcJinajicc 08-007 :1menciing Unifanzi Developmpnt C'ode Loading C1oc,r -
Christina Janssen (pabtic rommentl
7. Mation Cansideration: l.etter of Intcnt Mihe CQnnelty (public commentJ
8. Motirn Consideration: I3arkcr Road Iiridgc Utility Agreettwnts - Ste+,c Worlc+y (public rnmmcoc)
PUBLIC CONL'l1EYTS 1"his iy an orporttinity far thc public tu speak on any subjcci not on the agertcta
for action (itents 4 through S abavo linve separnte public eomment apportunities). W'hen yoij comc tn it,c
EMium. p(ease stntc ~,our namc and addrets tor the record a>>d liinit remarks tu thn:c minutes.
ADMINISTRA'FIN'E REPORT'S:
9. Ttanspartetion Bertefit UiStrict Formation 1'pdate - Car~ J)ri5kc11
111. Limitc;i 'f*rrm Maintenancc Constructic+n (n-~pecwr
ItiNUltM1lATIUN OtiLl':
11. E3ar{rer Rciad f3ridee DNR Fawrncnt UraCt ~\Lrrcmcnt
I:XECLTIVESFSStON, :I~~~uisitiun vf 1_ancl'{'~n~lin.~ l.iti~;►li~n
ADJnll2l,% ff :1'1'
SCHI: l)(.'L F.
Regid(lr C'atuicil ,1/ertiitgs urtr genc•rul1t~ /reltl 21111 und -fA Tuesdu)-s, beoinning ui h: U(J jl.m.
Couneil.S'tu* .Se.c.cionx nrt grncrally held 1", 3'd aultl Sl/► T'uesJ(Iys, heglxninK ut 6: 00 p.ns
tit:l li('E~ lnui%idttals plnr.iuno w ar.nd the neeeting wha rtqu;rr ~pecial a-i-.tance tn ncevmmodatc phNs:ial, hcuinE. or cither l
Impurmcnu, plrasc car►uct ihc C'Irr1, 0-1 (599) `J? !-Il?OU ns snan ns peaaible sa that rtrangettsrnts mxy bc madc
~
0 CITY OF SPOKANE VALLEY
Request for Council Action
Meeting Date: April 8, 2008 City Manager• Sign-off:
Item: Check all that apply: ❑ consent ❑ old business ❑ new business ED public hearing
❑ information ❑ admin. report ❑ pending IegislaUon
AGENDA ITEM TITLE: PUBLIC HEARING: Ballot Issue: Continuation of Existing Sales/Use
Tax for Public Transportation Services.
BACKGROUiND: -
Proposed Ballot TiHe: Proposition No. 1 Continuation of Existing SalcslUsc Tax for Public
. Transpor[ation Services. .
The Spokane Transit Authority Board of Directors approved a proposition seeking the continuation of the
existing sales and use tax authnrity previously approved by voters in 2004. This proposilion authorized
Spokane Transit Authority to continuc the collection of up to three-tenths of one percent salcs and use tax
to preserve the region's public transportation system, all as pmvided in Itesolufion No. 633-08. Should
this proposition be: Approved? Rejected?
C4VE12Nl'NG LEGYSLATION: RCW 42.17.130 Guidance on Ballot Issues includes that members of
the publie are aff'ordecl an approximately equal opportunity for the expression of an opposing vieNv.
O -
RECOMNLENDED AC'TXON:
1. Allow up to ten minutes for a speaker to speak in favor of thc mcasure;
2. Allow up to tcn minutes for a speaker to speak in oppositinn to the measure;
3. Open the (loor for general comments, with a maacimum comment period of 3 minutes per
speaker (a) from those speaking For the measure; then
(b) from those speaking against the measure; and then
(c) for general com'menls neither for or against the measure.
Note: Th,is issue will come before Council for a motion consideration/deliberation at the April
22, 2008 regular council meeting at which meeting there will be no further publie comment
PREVIOUS COUNCIL ACTION TAKEN:
BACKGROUND: ,
OPTIONS:- _
RECOMMENDED ACTION OR MOTION:
BUDGET/FINANCIAL IMPACTS: •
STAFF CONTACT: .
ATTACHMENTS:
~ALLEY.
Request for Council Action ~
. Meeting r}ate: Apri1 2008 City Manager Sign-off: _
Item: Check a]1 that aFPt3'; ❑consent Q o1d business Q new business Z publEC hearing
❑ information ❑,admin, repart ❑ pending legislation .
~ I
~ AGEND~ ITEM TITLE: PUBLIC HEARING: Ballot Issme: 1110 af 1% Sales Tax for
Emergency Communications Systems and Facilities, Including Equipment, Crirne Check and Reverse
Eroergency Notifica#ion System "
BACKGROUND: Propnsed Ballot Title; Proposition No. 1 One-Tenth of One gercent sales and use tax salely
for cmorgcncy cvmmunication systems and facilities t,o include eqtiipment, crime oheck and #h e
reverse emergency nwification system_
The Board of County Comrrrissioners of Spokane County adopted R.esolution No. 08-0110
concerning a propositian #o fncmase the sales and use tax. The proposi#ion would impose an
add itianal one-tenth of ons percen# sales and use tax throughout Spokane County far a 1Q year '
- time fra.me, the pr.ocr~.eds th=, froro to be used solely far cos#s associa#ed with the design,
acquisition, construction, equippi ng, operating, main#ain ing, rema;delinga repairit7c, rccquipping,
improvemen# and financing af emergency communicatian systems and facilities to include
equipment, cri_mc oheck and tite reversc emergency notification systeru. Should this ~
~ . progosition be approvad? YES.. . . . . . . . . . . . . . . . . [ ] AlO, . , . . . . . , . . . . . . . . . . . . [ ]
GOVF-HNTNG LEG1SLATlO1V: 1ZCW 42.17.130 Guidance an Ballot lssues include5 that members of ~
the public are afforded an approxirnately equal opportunity for r.he exgression ofan opposing view.
RECO14'IMENDFD AC'i'ION: 1. Allvw up to ten minutes for a speaker to speak in favor of'the meas+.ue;
2. Allow ttp to ten rnir,utes for a speaker to speak i-n opposition to #.he measure;
. 3_ Open the f.laor f'or general comxnents, with a maximum comment period of 3minutes per
speaker _
- {a} from thase spealang far the measure; then -
(b) from those speaking against the rneasure; and then .
(c) f'or general comments nefther for or against the measiire. _
~ .
.
Note: Th.is issue wi11 come before Couneil for a motion considerationfdeliberation at the Aprii i
22, 2008 regular council meeting at whtch meeting there will be no ftu-Ektier public comment.
S'Y'AFF ~ONTACT: Riclc VanLeuven, Police Chief
! -
I .d11'TA~MMNTS',
1. Response to Questions letter of Iviarclx 25, 200$ SpOkane Count}+ t0 City 7VIariApT Dave MErC1Cl'
2. Two-page spfeadshect of #en year analysis: "Spolcane Regional Interoperabjlity Comtnnnications
Program Cons#ant Doilar Costs excluding In#lation" l~
3. Spokane Caunty ltesolution 5-0 170 approving ballot proposition 1anguage
4, Spokarie County Resalution calling for a sgecial election for May 20, 200$ far said ballot
proposition .
5. Six pages af e-mails to aud from Dave Ivlercier et 2►1 regarding 10-year cost atiaJysis
f, Faur pag s of e-matls to arid from Dave Mcrcier to Mark Richard et al regarding expanded Crime
Check groposed ballat issue.
,
'
I
i
'
~
.
S P O K A N E C O U N 7 Y
OFF7CT3 UFC.O(i'v'1'1'CUA1ml.SSlO.ms'RS
TOSm hfii;s.K.F,1 ST INS-MCr • A•fAw: ltit:HnxD, 2NO Dt~rrttCi' B0N'111E h-L1GtR, 3nD Dr.srntr_ l"
Md]'Ch 25, 2008
. .
Mr. Dave Mercier RECE1 ~SD
City Manager MAR 2-7 2W8
S~~KA~~
City of the Spokmne Valley ' Cr7YOF
11707 E. Sprague Avenue, Suite 106 CrT yCtFRK q«~,
Spokane Valley, Washington 99206
Re: Response to Questions regcrrding potemial bullot mea.sure raising 1/10 of 1% sales taz
revenues to support comnrunication rnfrastructure improvemenls, Crime Check and 911
Dear Dave:
This correspondence is in response to your letter of February 7, 2008. In that letter, on behalf of the City
Council and staff, you presented various questions with regard to the potential 1/10 of 1% sales tax for
Emergency CommunicaYion Systems and FacilitiES.
For ease of reference, the Board will reiterate your question and then provide response thereto. Many of
O the responses have been prepared by Bob Lincoln, Spokane Police Department Planning and Informaiion .
Analysis Manager.
Question No. 1: V►rhat state or federal legislative relief might be available to reduce or
othenvise mitigate the financial challenge stemming from the FCC ruling that requires
public safety agencies to vacate current bandwidth?
Answer: Presently grants are the only source of relief. These are limited Federal grants
but in most cases are very competitive. Spokane has applied for three grants, and to date
has been awarded two totaling $5 million. With match requirements, tihe 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 sales tax hike in each year and to speeify a plan that allocates the ncw sales tax revenue between communicatioiis infrastructure
improvements, Crimc Check and the 911 s}'stem in each year prior to the sunset datc?
Answer: See attached 10 year analysis
Question No. 3: Have multi-year pro fornla budgets been prepared to identify tfie amount
and timing of budgetary deficits anticipated for 911 services that tfie ballot measure
would seek to alleviate?
Answer: $ee attached 10 year analysis
..i Question No. 4: N'Vhat amount of revenue is Senate Bill 6884 making voice over internet
protocol communications links subject to 911 taxation) expected to generate? Should
1116 WEST BROADWAY AVENUE •$Pq}:AI.`E, WASHINGTON 99260-0100 •(509) 477-2265
Mr. Dave M.ercier, City Manager
March 25, 2008 Page 2
that legislation pass, have estimated revenues been incorporated into a 911 projected
budget to determine how much of lhe anticipated lnng tem budget gap may be closed by
the new revenue stream?
Aaswer: Senate Bill 6884 died in committee chere will be no additional funding from
voice over internet protocol for the 911 system in 2009.
Question No. 5: What other statewide lepislative options are being researched and /or
. promoted to derive more broad baseci financial support for 911 operations in lieu of local 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 communications,
report writing (crime check) reverse emergency notification, and assisting 911 to meet
funding shortfalls.
Question No. 6: Is there a way lo phase in the desired communications infrastructure
system improvements rather than seeking funding for the construction of the complete
system improvement plan at this time? If so, what would tho costs be in which years?
Answer: No. There is an FCC mandated narrowing banding deadline of 12/31/2012.
Because of the scope of tlie project, it is going to take at least four years to complete.
Question \to. 7: Will the life-cycle-eost of purchasing, installing, maintaining and •
upgrading the proposed system during the 10 year sunset period be calculated? If so, will
a11 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 placing
before the voters the Emergency Communication Systems and Facilities ballot
proposition does not include the life-cycle-cost informaeion. The Board does anticipate,
to the extent authorized by RCW•42.17.130, preparing fact information to assist electors
in voting on the ballot proposition. This fact information may include life-cycle-cost
information. Question No. 8: Will 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 determined whether it will be necessary to
issue bonds in conjunction with the items to be funded with the successful passage of the
Emergency Communieation Systems and Facilities ballot proposition. Additionally, it
has not been determined which public entity will issue the bonds. Accordingly, a debt
service schedule has not been prepared.
Mr. Dave Mercier, City Manager
~ Niarch 25, 2008
Page 3
Questian No. 9: Nas a ten ycar pro forma budget been prepared to identify the
anticipated budgetary needs of Crime Check and determine if the proposed ballot
measure would be sufficient to cover expected expenses?
Answer: See attached 10 year analysis
Question No. 10: When will the ballot language be available for public and City Council
considerations?
Answer: To assist public entities and agencies supporting the Board's placement of the
Emergency Communication Systems and Facilities ballot proposition before the County
electorate, the Boa'rd passed Resolution No. 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 284, in order to meet the Audrtor's filing deadline.
Both documents arc attached.
Question No. 11: Is the BOCC confidcnt that communications infrastructure, Crime
Check and 911 funding can all be treated in one ballot question and prevail in any
O potential legal challenge?
Answer: The $oard has very carefully considered the language within the Emergency
Communication Systems and Facilities ballot proposition. The Board is confident that '
the ballot proposition is consistent with thc provisions of RCW 29A.36A71 and RCW
82.14.420.
Hopefully, the above answers adequately address your questions.
Very Vuly yrours,
Bonnic Mager, Chair ' Todd Mielke Vice-Chair Mark Richard, Commissioner
Enclosures -
!Spokane Regional Interoperabili Communicaiior~s Prograrr~
. _ . .
- f iD Year CW Ana is (oanstant dollar cos#s -exdud-es inflation) revised 3WO08 C T I_ I
. -T Grant $4 miiron
PSIC Grant $2.5lAifliun F'roJ+ett Phase
C AP PIar1C1es1gnlCivil
CQEq sPermiMn Buiid firansitlon 0 retion Post VYaran Op2ration
Year 1 Yaar 2 Year 3 Year 4 Year 5 Ye-ar 6 i Yeer 7 Yeaf B Year 9 Year 10 10 Yeaf Tatal _ i
De'r M'I~ni1i 4% ~ 5% 4°ro` I I I
I $1,700._i]D[M 52,250,OW $~,T64,DDp i -
i I i ~ I I I I
- - ~
External Engine:eering C.onsubnF i 200,0DO _ 200,4D0 2D0,4{!9 2QO.400. M:oDD
. _ - _
1CiviBConsrl1antlTowefStNcltiralE79ineer I 60.0901 60,0001(I,UD~1 ~0,UDO 140,I~
Full Trme Inkem~d Prc~jectG~rdanatof ~ 100,400. 1~,+~JO~ 1DO,QDO iilp,pOp~ 1D0,0C101 500-DWL__ 1,44DFOM
i .
Civil desian and ~
f:€DflStfl1Ct10[4 I 6%a 15°a
. 5ite lnuastmenS I $3,600,UUD i $6,750,4Oio ;=-54,600,D00 600MDi 1,5D7,000 1,500,000- ~ -=•1 3.6DO,DC)O 3.6flD,DW
- - i i . I _ i ~ ~
~
RadiolMicrow ~ I
avB t8111 ~ 56% 47°!s 57% - ~ -
I I 325200,00D ! 521.300,0DO, $24,900,D(}p I
I ! ^ I I
_.Sys~emNuipment60% 3,~0,~ 3,~~?,0OQ_._ 12Q.9]~U
Seru~ 4436 6.400,0Ol~2,D~0,ODO i 2,W,044 ~ ! 10,DBG.i]aQ 25,240,040
.
desi9n I , ~ _ - - . - -
_ stage
~n5~1~ I I 1
c~ptimize ' ~ i ! ~ I
- - -m ; , - - ~
1 I
Subscritaer i ~
RegEacem.~--nt ? L%- ~ 27°~ 23~a
i;aa:~able, rrfabile - _ _ . - I ~ • - - - - -
«30=) $12.000,000 $12,000,oDD S10.aD0.00Q , 6,0130.000 , 6,WDsoW' 12k0,DD0 12,000,000
11i~q ~ 0.5% 0,3'la 1.O`Yc I I 9 ~ I
Transikior~~ai
~ $225.00 $225,.000 5200.000 ~ 200.I7)0 25 4LHo ~ I I 225,000 225,00
32,250,1300 $2,254,000 52~100,DOO dSQ,Pm 450,DDO 450,GI001 450,OD0 450,Oi1Q 2_25(),0~Q 2,250,040
i ~ - ~ ~
TotaI Capltal 544,976,000 i44,776,0Dp 543,560,WO 1,410,000 , 16r310,D[H) 13,8S0,000 12,50,000 575,1}00 44,715,400
I I - - - , . 1 I I I
-_y. -
I
OPERATING GOSTS
MainlenancelOa?r0on-eombii ned radio shav,% i 400,000 420,Q{MJ 441,000 463,050 4B62D3 510,5131 536,038 562,840 _ 590,9821 620,531 5,0 31e1. 67
.
SYstem SiDU'o~EYHerdware Support Agreement (can prepsylmpi#afl~~j 4,30,0001 440pCiO 454,Dpp, 532,400 585,540 2.44104-G
Tptal Operating.. 404,000 420,000 441,00 463,050 486,203 910,6131 976,038 1,44S,8d4° 1,173,3821 1,208,171 7,473,197_
I ~
REpU1CEMENT COST$
a 0 1 .a~,Mo I ,or,~,awi t,oW.oao~ 7,.00~
- - - , ~
TOTAL C05TS ~ 1,81a,0410 384730,OOC) 14,301,000 13,023.050 2,D61,203 11970513' 1,976;038 3,G+16 BdQ 2123,382 2,206,171 59,188,m
~
i -
- - - - - - - - - - - - - - -I - - - - - - -
- - I - ~ - ~
Spokane Ragfanal Emergency
~ Communicafions InEtative
2009 2010 2011 . 2412 2013 2014 i 2015 2016 I 20'47 2418 ~ 10 MearTaffiI j=
Radin Syst~n Drat~~tr~e ~'SyStern so~ware suppvrt begins in 2014 I 4Dd,DDO_ 420,OOQ ~l1,pC10 463,U~ A+~F,203 910,513_ 9I6,438: 1_~biB4~ 1.123,3B2 fi,2ia6,i71 7,473,197
_ . .
Radlo S rstem Rep[acomentEacsnsa 0 --0 - - a, _D. 1,+~40,O0D, 1,~D60,~44 1,0pQ,+~44, 2,tYD{3,~ 1,C~1~(3,fb+7 1~Gf~0,Dfl0 7,(1~,DaO
t,2E~,19f 1,3 ,a3,247 1,389,36~ 1,4~,83b 1,531,778 1,608,366 1,686,785 ~1,773,224 1,861,886 1;.954,919 16,#~`il,~2,4
Crime Ct~eck I~elta Ex _ nse
"Reverse911 Nottficatfan" Expertse'~ I 100,DI]4 105,000 110,250 115,7631 121,551 127,628 134,096; 140,710 147,146 155,133 1,257,784
-
517 ~~a~n Ex r~se S#~ort#ali I I ~i Q 30.985 1:84 918 343.729. 507,~ 667,662 853,6F~ 1036.313 1.22~6,313 4_851,419
_ _ -
i ~ I 1,76.0,197 1,a48,207 1,971,602. 2,222,566 3,483,360 4,154_„~40 40 4,466,495 5,514,440 5.169,326 5.542,596 36,439,D19
I I ~ .
EAtimated ~~bt payMent finance ctessts - - - - _
S" mifiionli0 years _ 5.15],QD0: 5,150,040 5.15,040 5,1S13,00Q 5. 150.000 _5 i~QFQuD _5.15p.10D0 5.15i],OGO 51.5Oa,0,00
6,910,197. 6,998!207 7.121,6027,372,556 8;633,260 9,3G4,340 9,516,495 10,96+f,440 40,378,326 1(},692,596` _87,933,029
_ _ . , .
Estirnsted Sa4esTeac Rever±ue _'3% annualgrowm ~ 7,7M,[►W 7,931,{~()p 8,168!930' 3,413,998 ._8,666,419 8,928,410 9,194,203 9,754,930' 10,046,7541 88,271,871
_ I I i I a
~ `ovarlundiE~r ~ 78 9,8031 9327931 047,3281,0+41,#321 33,158 -377,930 , -422.292 -1,494,4111 - - I
, ~ - -565,196; -W,8431 338,B41
-
j 78~:803 1,722,596 2,'~69,924 3,811.355 3&44.514~ .466,5641,L~44,292 1~9 881 924,6~4
'CUmulabve I 1,722,596 2,769,924 3,$1 i,355. 3,844,514 3,4B6.584' 3.i1444,292' 1.549,881 , 984,684 338,841
~
N0 8 0170
: ~MAR 1 7 1W8
BEFORE THE 80ARD OF COLJNTY COMMISSlONERS ~~,.5-y°i~k Yv „
OF SPOKANE COU'JTY, WASHINGi'ON
Rd THE MATTER OF 7I-E HALLOT ~
PROPOS Tf J O N FOR THE 1/ 104 OF 1% SALES } R E S O L U T I O N
AND USE TAX AS AUTHOWLED UrfDER )
RCW 82. ! 4.420 )
TH1S MATTER havmg co~c bd'ace the Board of Counrty Cmmwioma5 of Spokam Cowty (tfie
:`Board) ai irs 9:30 bm CEO Brichng on Fcbrvary 26, 2008. and Chc Soard beaig fully briefcd rn the maticr by
lanrs P. Emacio, Chicf Civi7 Dcputy Prosocating Atturnc5', did mwe, secood, azd tusanianousIy pass a motim
apprcn'in& the follrnc-mg ballot propasirirn }angu,agG subjoct to furtha acdan by [hc Boud in placuYg the metta
bcfurc thc clatas. Thc ballcx pmpositicm lmgutgc epprovod was as faDoa+ed:
rtt~~~~~~t~~*Ritffi/t~ir~~~w*s~•
PROPOSITION NO.
SPOKAIVE COU".H7Y
ONE-TENTH OF O:vE PERCENT SALES AND USE TAX SOLEI.Y FOR ENIERGEtiCl'
COMIVILTNICATION 51'ST'EMS AND FACILITIES TO INCLLDE EQUIPMEN'T, CRIME
CHECK A111D TAE REN'ERSE EVIERGEtiCY N07'[FICATION SVSTEM
IHE 80ARD OF COUNTti' COMINllSSIONERS OF SPOKANE COUIVTY ADOPTED
RESOLUTION NO. 08- CONCEWNING 4 PROPOSITION TO [NCREASE THE SAl.ES
A11~'D USE TAX. THE PROPOSITION V1'OULD IDiPOSE AN ADDIT10tiAL ONE-TENTH OF
ONE PERCENT SALES AND USE TAX TAROUGNOUT SFOKAIr'E COLrYTY FOR A 10
YEAR TIME FRAME, THE PROCEEDS THERE FROM TD BE USED SOLELY FOR COSTS
ASSOCiATED WITH TNE DESIGy, ACQUISITION, CONSTRUCTlON, EQUIPPtNG,
OPERA,TING, biAINTAIIVI.'\G, REMODELLIIG, REPaIRING, REEQ4'1PPItiG,
IMPROYE111ElYT AND FINANCING OF EhiERGENCY COM'.►1UNICATlON SYSTEMS AND
FACILI'TIES TO ItiCLUDE EQUIPMENT. CRIME CHECK AND THE REVERSE
EMERGENC'Y NOTIFICATION SYSTEM.
SHOULD THIS PROPOSITION BE APPRO\'ED7
YES
I I
NO .....................1 1
A►rM~f*~fffA*~f~~3f~~~~'A4RA}AM
The Board of Counry Catrinissimets of Spokene Coamty docs hereby rcaffrm and ccaafirm thc
above action at ics 2:00 p.m Fcbruary 26, 2008, Agtadn ty a by- lcavc itan
Page 1 of 2
S 0170
PASSED AND ADOP'TED ttusday af 2008.
~ B0.4RD OF COVNTY COMMISSIONERS
OF SPOKANE, CO . ,-W.4SHIl`GTON
• ~ y
BONNIE !NAGER, Chair
A'I"T E S 7" - ~ ~RtC~•
CLERK OF THE BOAR.L)
T . IELK .
,
Daniela Erickson M_ ' R1CHA, Convnissiancr
Aage 2 o/ 2
v
No~.
L
BEFORE nIE BOARD OF COLti"iY COMM1SSlUNE:R.S
OF SPOItANE COLTN[l', WASHIITG'T4ti
IN THE MATIER Or G1LLL\G FOR A )
SPECIAL ELEC'I'lON WI'IHLN SAOhAh'E )
COLT`TY TO BE HEID OV TL`ESDAY,MAY )
20, 2008 :A1vD SUBM]TTliNG TO THE )
ELECTORS A PRQFOSITIOV TO IMP()SE )
A-N ADDJTIO\AL O\T-TET'TTi OF ONE )
PERCEN'T SALES AIv`D LSE TAX )
Tf-IROUGHOiJ7 SPOKANT GOt'ITTIY, tLS ) R E S O L L' T 10 N
At7i-tORIZED BY RCw 82.14.420, FOR A )
'FEN (10)1EAR 11NiE FRA.'vIE, 1HE )
N40\EYS REC-EIVED THERE FROM TO BE )
USF..D SOLELY FOR EMERGENCY )
('UMMLTIC:4"17ION SYSTE.VlS AND )
FAC1L1"TIFS TO LtiCI.UDE EQUIPyiFTT, )
CRTME CHECK AND TfiE REVERSE )
EMERGENCY NOTIFICATION SYST'EM )
R'HEREAS, pursuant W the prnvisions Qf RCW 3632_ 1Z0(6), the Boar3 of Caunsy
of Spc►kane Couaty (hereinaftcr saafctimcs refurrd to as the "Board'~ has the carz of County property aad the
managemrnt of County funds nnd business; and
WHEREAS, pursuant to the presvisions RCW 82.14.420, a counry leg4laave authonry ma}subrmt
aii authonzing propmhon ta the counry voters, aad if the proposition is approved by a majoriry of persons
voung, fu and imFose an addirional saks and ust tax m the amount of one-teoth of oae percrm of the selhng
price in the caw of sales tax, ur value of the articlc used, in the case of a use tax, the money n:ceived from any
taac impasod chere under to be tLSed solely for the pwgose Qf providing funds tor casts asscaciated with
Cuiancing, design, acquisiton, construction, equiPPing• opcmtin& maintaming, renodetiug. rzpairing,
reequipping, aad improvemrnt of emergcncy eamanmicatioa systems and facilities; and
V*HFREAS, Spokane County has reccivod cvrrespandez►ceJdocumenration frnm the following
c:tics,sowzis'AgCIICICS/CICCtOd O1Ct3LS TECjliC5t1IIg dl.Yt Ibt RCKiTd Of COL7Dty COiIII2I1S9i0ACl5 plBCC bCEOPC LtTC
vutcrs of Spcil:atse County a ballut propositian !or the impositian of an addiiianal sales nnd use tsac in the
amouut of oae-tenth of one percent of the selIing prier in the case of sales tax, oc vatue of the azticle used, in
the case of a LLse taz. the moeey receivod from said tax tn tx used to solely for the puipose of providing funds
for costs associntcd w7th design, auluisirion, c.an.structiun, c4uipPin& operatni8. tzsaiittuining, rrmc►deling,
rcpairing, rcoquipping, irrqrrm~cmcnt, and fmancing of cnx.-rgency communicatian syvtems and
:iic ilitic,.~rquiptncttt
(1) Auway Hcighrs
~eney
(3) City of Deer Yark
(4) City of Spokar3c
(5) Fafifield
ffil Firr Disuict
Page 1 ot 4
t + 1 l=uc Distnct ;:-1
FircDistrict~',
(9) Fire District "8
(10) Fire District k9
(11) Fue District n 10
(12) Firc fhscrict # 12
(13) Fire Ihstrict n 13
(14) l,atah
( 15) Mrdiral I.al:c
(16) Millwacxi
(17) Rorkfurd
(18) Spangle
(19) Spokane County Ennesrnency Sernccs ('oiranunication Boar<f (LXhibit !
(?U) Spokane County Fire ConurucsiancT• :ts~oc !ation
(21) Spokanc County Sheriff
(2..2) Spokanc Vallev Fste Conirnissionrr;
3 I 1N'avcrl y
«'HERF.AS, hased un the recommendations dye c:lic&-'towmti'agencies'eleited oiYirLals refzct:uccij m
the tmmediately precedmg mcital. the Board of Cuunry C'QCnmicsioners finds chal it is in dic best inlerests c f
the citizens of Spokane County and necessary for the public health, safery and welfare to call for a spcciaJ
elecuon to bc held on May 20, 2008, wfiereat the elcctors of Spokane Crnmty wzll br preseated with u bsllo;
propositian on whcther or nnt thry want to authonze the Board of County Comrtvssioners of Spokane CounTv
to fu and imposc aa addiqonal a sale$ and LLse tax in the amount of cme-ttuih of one pment of thc scllu;L
pnce in the casc of a sales tax, ar value uf the ardclc used, in the case of a use taa a7thin Spokane Counry for a
ten (10) ycar time framc. the mantys rereir•ed from thc tax to be used solcly for the purpose of provid►nn:
tunds for costs ussociatcd with design, acyuisiuan, canstniction, WuiPPing, oPeratinS, m'u"ratnin!_,
rernodeling repaumg, reeyuipping, impmvemcnt and financing of cmcrgcacy canununiwtiott systeins a,nd
fsciLues, to tncludr ryuipment, cnme check and the rtverse emerecncy notilication <<•strrn. xs providcd ;ior Ii;
ItCW $2.14.420.
VOVV, TFiEREFORE, BE IT IIEREBY RESC)1,VF.D 5y tiie $uard u1 (`ountl' l0:nm.:.innM, u(
SpoL-ane County, as pm~idecl far in ttC'W 82.11.420, thnt the Boani doeb herzby request a speetal elecGnn be
lield on Tuesday. Mcry 1-0, 22008, whzrrin a hallot prapusition, mre rariicularly set forth in Atiachment "A"
attachr.d hemto and 'mcorporatcd herein by rcfrrcnce, be submitied to the qualifiod electnrs ot Spokane
Coumy, and thnt the Clerk of the Board of Cauniy Gommissioners be and is accord'mgly instructed to noufy-
the Spokane Counry Auditor, supervisor of electims, of such fart, and to request said Auditor and supeivisor
co ea11 and conduet said Election in the manncr pmvided by law, and ro su6mit thst ba!!ot pmpcKitiun set fmh
in Attnchment "A" heneto in the fomi of a ballot title substantially srt farth therein,
BE IT FC'R1'HER RE50LVED, by the Board of Counry Commissioncrs af 5pokane County.
th:st the Board belicvcs accountability to the public is essential in the event a majority of the persons
voting on the ballot prvposition provided for herein approve the imposition of an additional sales and use
tax in the amount of onatenth of one pcrccm of the selling price in the case of salcs tax, nr value of the
articie u.sed. m the casc of u use taat as proNidcd for in RCW 82.14.420. Accordingly, if the tax is
appmved the Baard of County Comnussioners w•ill establish a voluntary advisory committee to bc
l:nown as the Cilizens Erttergency Communicatian Sysrcms mid Facllities Adruory Committee. The rule
uf the Ciiizem Einergenn, Cnmmwticnlion Systems and FaCilities .ldvzsory Cvmmltlee will bt to ensure
chat citizens are continuously informed and educated nn the expenditurc of revenues eenerated by the
additional li 10`' of 1"o salcs and use tax. Thc C'trt:ens Emergency Cnmmunlccttiun Sti-s;r-ms and Fucifct:cs
Page 2 af 4
:t1:175~?1T L^Ultlht!!ie"e µlll l:UI351S, of SLx i,f,l cnemUtrS appointed hy the Bo3rc1 Of (:~It11f\' l.l):IiIillsS1U(1fLs,
two (2) from each County Commissioner Distnct The nuual temis, a•huh will be detern:ined by lut by
the Cierk of the Board, ahall be two (2) for onr-year tercns, two (2) for two-yc:ar trrms and tvvo (2) far
thrcx-year terms. ThereaRer, the urms sha11 be far fow (4) years. Mrmbers of the Crti:tns Emergencti•
C'ommuniq, Systems and Faciluies Ad►isary ConunitteE wiU be limited to a maximum of eight (8)
consecutivt years sen-ice on tht Committot. The eatnposition of the Citc.rns Emergency Commsrnicarivn
Sv:rtems and Factlities Advisory Comrnittec a1U consist of enurcly lay citizrns represenring the
commuaity. The CitLens Emergency Communicaaon SYsterns and Focilines Advr.sory Commiutewill be
responsible for pmviduig the Baard of County Commissionres on an annual basis on or befrne Stpumbcr
1" of each year a-ith a fiduciaty raport which inctudes the stnius of completed, pending and futurc
projectsiservices fimded by the 1/10°i of 1% Emsrgeacy Communica4on Srstems and Facilities sales and
use tax, and che appropnateness of the use of those funds on bchalf of Spokane Counry taxpu}•en for che
usea as defined by thc ballot prapasition pro-Odcd for herein snd thz enabling legislation. T'he Board of
Cottniy Cammissiontrs W'ill pui the annual report pTeparcd by the Citi:ens Emergenc►' Cur»municullorl
S' ive»u and Facituies Adti7sory Cammiitee on the County's websitc as w-e11 as nzake copics available to
the rublic upon requcst as no charge.
PASSED AND ADOPTED diis _ day of ; 2lNi~
SUf1Kll OF ('Otl-N"l l' COtittiilSSIOtiI".RS
OF SPt)KA\E, c:'OUtii-Y. «'ASHI'Ni;TUN
f3U1-N ll: %~AGER. Cltair
:t"TTE-ST:
CLL•RK OF THE HOAR.D
TODD WEl.ItL. Vicc Chau
Danirla E.nckson !v1ARK RICHAKLI, Cotiirtiissioncr
Pa;;c 3 of 4
ATI'AC14r4EN"I ,.A.•
['RUPOSITION N0.
SPOKANE COI:NTN'
c=)NE-TENTH OF O'v`E PERCE.tiT SALES AND U3E TA-X SULELY FOR EMERGENCN'
COMMt T7CATI4N SYS'i'EM5 AND FACILITfES TO 1NCLU-DE EQ[.ZPMENT, cwMr: clir_C'K
ATD 7T-IE REVERSE EMERGEyCY NOTIFICATION SYSTEM
THL• BOARD OF COUN7Y COM'vtISSIOVF.RS 0F SAUKANE COLNTY ADOP7ED RESC)l-U-IlON
NO. OS- CONCERNING A PROPOS1T10N TO I\CREASE THE SALFS AND USF'1:AX, 'I- I-IF
PROPOSITInV WOUI.D IMPOSE Ah ADDIT10NA1_ ONE-TFNTH OF OVE PF1tCEy'T SALE-~
.4.VD USE TAX TI-IROUGHOI.'T SPOKANC Cn[,~Tli FOR A 10 YEAR T1'ME FRAME, "CHi-.
PROC'EEDS TITL•RC FROM 7'0 BE USED SOLELY FOR COSTS ASSOCIATED WITH '1-11~.
UL•SIGN, ACQUISITION, CO\S1'RUCTI0N, EQUIPP[NG, OPERATIING, S1AIINT'AIN1NG,
RE.'VIODELLNG. REP.AIRING. REEQLIPPING. L'v1PROVEyIEvf AI`TD FI'ANCT,\'G OF
EMERGEtiCY COMMUIVICATION S1'STEMS AND FACILIT(ES TO INCLI_"DE EQU1P14EtiT,
CRIMF CHFCK ATvD TkiE REVERSE EM-ERG}_tiCl' `U77rICA'I'IOti SYSTEM.
tiHOi'I n'il-IlS PR(>PUSITION BF APPROX-EL7"
10 _ ...I 1
Pagr 4 of 4
Page l ft;
Dave Mercier
From: Dave Mercier
Sent: Thursday, March 06, 2006 8.40 AM
To: 'Mielke, Todd'; Lincoln, Bob; Richard Munson; Danek, Thomas; Appfe. Bob; Shogan, Jce; Cooley,
Gavin; thompsonm@spokanevaileyRre.com; Bob Anderson; Bnan Asmus; 8rown, James V; Bruce
Hoiloway; Chisholm, Chuck: Chuck Hafner, Chuck Stocker; edlCscfd4.org; Emacia, Jemes;
Famell, Marshatl; Howells, Shelly; Jeff Sa1e: Kirkpatnck. Anne, Knezovich, Ouie; Richard. Mark J.;
M¢ell, Loriee; Morgan Koudelka; Nicks. J+m: Tower, Jetf: Rick Van Leuven, Voermans, Nanty;
Wentworth, Bob; Williams, Bobby
Cc: City Council; Mike Connelly; Mike Jackson
SubJect: RE 10 year cost analysis
Tadd
I received repifes from bath you and Mark to yesterday's emaii and ii seems that the mactar ot crionc.es is
unsettted Please alert me to the final pnonty anay when determined by the BaCC
As we attempt to anpcipate quesGons ansing at the upcaming public heanng. I wou3d be hefpful if the Board a'
Commissioners asked Jim Emaao to opine on three ballot tenguage related quastlons. Doss inclusion ot the
words Crime Check in the ballot question require that Cnme Check be fully funded wtth the proceeds of the 1110
oi 196 sales tax? If not fully funded, does the baltot language compel any partlcular tevel of partial `unding? Does
the ballot language in anyway distinguish between providing revenue for current levalg e` Cnme Check iunding
and funding only 'expanded Cnme Check?"
Regarding the current revenue projection esOmating an annuai 3% ratz of increase, have you seen tnis moming s
Spokesman Review art►cte on declinmg sales tax receipts reported In February? It Ind►cates that some area
municipaliGes have experienced a dowrttum in sales tax callections between (-1%) and (•26%). Februaryis a
bellweather month because that is the time when December holiday sales receipts are distributed to Jurisdicbons.
Accardmg to the County Budgei Office, sales tax received fram area citfes accounted for 46% ot County sales tax
reaerpts m 2007 Do you anticipate revlsiGng the revenue projection calculabon in response to this infortnation?
Thanks
Dave
From: Mielke, Todd [mailta:TMIELKE n,spokanernunty.org]
Serit: Wednesday, March 05, 2008 10:36 PM
To: Dave Mercier; Llnooln, Bob; Richard MunSOn; Danek, Thomas; Apple, Bob; Shogan, Joe; Cooley, Gavln;
thompsonm@spokanevalleyflre.com; Bob Anderson; Bnan Asmus; Brown, James V.; Bruce Halbway; Chisholm,
Uiuck; Chuck Hafner; Chuclc Stocker; edl@scfd4.org; Emacio, 1a+res; Farnell, Marshall; Howells, Shelly; .leff Sale;
Klrlcpatridc, Anne; Knezovkh, Ozzfe; Richard, Mark Mizell, Loriee; Morgan Koudelka; Nicks, Jim; Tower, 3eff;
Rkk Yan Leuven; Voermans, Nancy; Wentworth, Bob; Willtams, Bobby
Cc; Gty Council; Mike Connelly; Mike ]ackson
Subject: RE: 10 year cast anatysfs
Qave
ThanK you !or tne clanfica?ia, on *ne scheduiing I also agree with the a.'vice you have received regarding
the process, mduaing proper notificahon fur 3 r„unicipa ;ur~cdict'ton to Cor ~>,aking a fofmal posibon on a
ballot proposiban
Y ou are correcc iii your assumption; n pa,-a9ra: 1 numcer twa va; t tc be clear that the ba'sie: prapasal pays for
tne "expanded" Gnme Check prc,gram and will Ro! suppiE,,; the cu.-rert f,,nd.-y utllized tc sjpcor, the Crime
Repor?iing CenEer on its current hmited-haurs basis
:'27roos
Pas;e 2 (1f 6
The technical work group t7as bEen ~voili:ing d igantly tc gO i`IfCUgh 'y'OLf IEt28f dated Febr.)ary 7t`~ on a'iire by
line" basis In my readmg of the corespondence, the financial spreadsheet appears to adaress :he majority of the
questions There are a coupie more that Bob Llncoln ard others are researching and p►eparing a wntten
response The questions pased that are requiring a bit rnore time than ant+capated to answer pertain to what tre
state and federal govemment are doing i'm not sure that we are in any posit►on to do mflre thart speculate on
:hose items based on what we have reac in trede publications or news publications In some cases, these_
proposals at the federal and state tevel lack clairty to provide us a basis for calculating finanaal impact~,
We hope to have a'Cov? Ici~~' adC"e5sir, y_ ~~r q i C''I': -1f-ir 'mc^G ,~I -1 3 frrmal
manner to you very soc,r-
lhank you for v-our pa,,ecce I Oence
Regards,
Tadd Mlelke
From: Dave Mercfer [maitto:dmercier@spokanevalley.arg]
Sent Wednesday, March QS, 2006 02:47 PM
To: Mielke, Tadd; Llnooln, Bob; Richard Munson; Danek, Thomas; Apple, Bob; Shogan, 3oe; Cooley, Gavin;
thompsonm@spokanevalleyfire.com; Bob Anderson; Brian Asmus; Brown, ]ames V.; Bruce Holbway; Chisholm,
Chuck; Chuck Hafner; Chutk Stocker; ed1@~scfd4.org; Emacio, James; FameU, Marshall; HoweJis, Shelly; Jeff Sale;
Kirkpatrick, Mne; Knezovich, Orzie; Rlrhdrd, Mar1c M[zell, Lorbee; Morgan Koudellca; Nicks, Jfm; Tower, Jeff;
VanLewen, Rick; Voermans, Nancy; Wentworth, 8ab; Williams, 6obby
Cc: Gty Council; Mike Connelly; Mike Jackson
Subjett: RE: 10 year cost anafysfs
Todd
.1ust bneFly let me pass on the legal advice the Council recelvea regaroing the process'or taking a position on a
pending ballot issue The first step rs co hold a pubGC heanng (w+th twa week pub6shed notlce) so that all
interested persans have an opportunity to express thelr support, opposidon, concems or ambivaience on the
matter Pubhc heanngs on the mteroperability and STA ballot is5ues are Currently scheduled far Apnl 8, thereby
setting the stage for Council expression of vlews on the issues on AprN 22 Our understanding is that both steps
will be completed prior to ballots being ma,fed to voters. The schedule is reflecied in our Advancs Agenda that is
postad on the City website and was mcluded In the Council packet for last evening's meet+ng
Yes, your email message responds to the two questlons noted in my message ot yesterday First, equipment
replacement is not fully funded under the scenario presented m the spreadsheet-negaUve 517 -$21 milllon
Secondly. the proposal offers full funding for acqwsibon and Installatian of equipment as the top prionty, full
funding for reverse 911 as the number two pnority foilcwed by Vl fundinq for an expan8ed Crime Check system
Please correCt my understandmg if off base
For your reference. I have attached a copy of ciur ie;,er ;a the Board daied Februar-r % It car,tams questions for
which wntten resporses have not been rece,ver1 Y-)ur rYspur=z would taciiitate Council discussion of the
matter
I, tGC recoqni-ze and arpre~,c a!e Ihe wCrk anC ef'Ofl ei:pznded'.O COmplete aT.,e diIiqence report on the proPosal
Tha7k,S jCf 'yC_1t Ef'1311
Dave
From: Mieike, Todd (maihto:TMIELKE@spokanecounty.orgJ
Sent: Wednesday, Marth 05, 2008 1:12 PM
327'211►118
1'3~t ? i1Y b
To: Dave M~cier; Llncoln, Bob; Richard Munson; Danek, Thomas; App1e, Bob; St►ogan, loe; Cooley, Gavin;
thompsonmC~spokar►evalleyfire.rnm; Bob Anderson; Brian A~nus; Brawn, James V.; &uce Hoibway; Q►ishoim,
Chuck; Chuck Kafner; Chudc Sbocker; edl@scfd~.org; Emacb, James; Farnell, Marshail; Howells, Shely; 3e~f Sa~e;
lCirkpatritk, Anne; Kn~ovfch, Ozzle; Rlchard, Mar1c M[zell, Lor1eE; Morgan Koudelka; Nicks, ]im; Tower, ]eff;
Rkk Van Lewen; Vcermans, Nancy; Wentworth, Bob; Wllilams, Bobby
Subject: RE: 10 year cost analy5i5
Dave
P~ease ~e ass~rea tnat ~hz Boa~~ c' CoJr'ty C•Umr^~~55~GnErs ~.ESpeaaily ~.~ar~ 8 r~~y~el`I ftave Deen very in~~~olved
wrth tt~e work~ng group ~n ;h;s top~c I k~o~n~ tnat i na~:c a'tended most ct tt~~:ir rr~et~ngs alona with Pol~c~ ~:.h~er
VanleuvEn
I'm a b~t c~ntusea as tra tne ~aee o` tr.e ;,ubi,c heanng far tnis :o~~c In a d~sc~ss~on w~th Rich f~lun5on two days
ago, I was totd that ~t would be a week from ;r is coming Tuesday. The Baard af County Comm~ssioners is set to
take actian on placing this item on the ba:~~t prior to March 29. At that t~me, we will be listing a11 Junsd~ctrons that
have taken a position on tliis item At the rate that ~urisd~ciions a~ approv~ng resolutions of support. Spokane
Valley may be the only Jurisdiction not ►isted My understanding is that Spokane Vailey did take a posrtron of
support last fall. This propesal has more ar!a~l and now c~ntains a sunset c~ause that did not ex~st prev~ousty
In addressing the oiher IUams yeu mentianed, let me siart with the five funding inlbatives This is a"eatch 22 " I!
we don't li~t the items an the ballot, we rannot use any oi the funds fo~ those p:.~rpo~ Likewise. and despite
la&t feA's claim by 5ome that ih;s would aenerate far M~P,E money tna~ needed tfiere is r:o indic2t!on that all five
Iniiietives would be fully funded
Therefore, the assumption has beFr t~at w~l~ be p'~cr~t~zz~~ ~ irs; ~~d l;.~r~mUSl s to have che rioFt eq~~pment
~n place so that we can meet the FCC requ.rements and addr~ss rt~any (~aaefully alll> of tne equi~rr~nL'technical
shortcomings of our cuRent system Secand is'~ have in ptace the reverse 911 system. Th~rd, the exFans~on ef
ihe Cnme Check sysEem to relleve th~ "overburdening~ Qf the 911 cat~ center. The fourt~ and flhh pr,ont~t~es
would be to fully tund anticipa2e~ shartfalls in out year~ of 911 and radio equipment replacement
Wrth regard to the budget spreadsheet we wer8 asked to present 10-ye3~ ass~mptions iby year~ ofi pro~ec;~~
revenues and expend~tures While har a`a r amount af ~~2~~~~~u~ a~.-~t tn~c
The revenu~ assumes a G~=e r~~~~b~r ~7 m~ ~n ~;afl~-r r. v~si~~~ ~ ard a~oti~~n~ rate ot 3 percent ialso rev~~ed
~ownward after review~~i
The expenditure side a5sumes ~rovrth rat~s uf ~ F~~~~cnt h8l i5 .~.d5e~ 0 1 d r•at~cn~l (;f~l ~f 4 3~CfGERi c
raronal heaith care CPI of 4 9 percent To be conservaLve. we aiti ~flund : n
Tne spec~fic budget ~tems are based on 2 stu,ies by nationalty reCOgnized cor.s~ltants hired i~ develop this pian
I~ noth cases, they came up w~th an est~mated capital expenditure cost of 540-45 milllon, That has r~ever
~±~anged We have made some debt serv~c~ng assumptians based on typfcal financing of tfie midpo~nt - S43
miilion over ten years We have also reducet! the aSSUmeO number for handhe►ds based on i~ricrmatian sha;e~ at
a conierence last week in Neva~a where we reoe~ved more exphc+! ~a~d O~t th~~!~~ r.C~St~ ~f tL~ vr~y e~e' '<<v~
manipulating equipment needs or fiRancial numbers ta ftt our needs
~3stly. we recognize that vre are now underfunding ihe reptac~ment c~c_g~ ~ I~ ~r~ _~u ~ r..~ ~n tre ar~a cf 5<5-~8
r,~~l~on Aga~n. we have attempted to d+sclosure on our spreadsr~~~t ~~~le!:c t~.a;
Tne num0ers we have are based upon inr?ial;pre iminary ~n~7 ^_cnr,~ ~St~~e?~5 I_~ntil ;i~~:h i~mE o5 S=~'~'~?C~~z
pays to have frnal engineenng compleied, the~= a~_ *!~e b~st mb•>• r.~e Anc ye_, th~~~ R53_~ be =~~me
~eviatifln on equipment costs once that +s dcne
Tne data that has been assembled to date has ccrt•~e or, a~~ui~.~ ,ar:~ bc_~s c~~p!~ oT thc ~~.~-~s~~~~~ors are
asking siaff to go 'abave and beyond' their normal ducies ta ~'es~arch these ~ss~es I hope all of us recagn~ze that
and are afso prepared to ut~l~ze some of our avan s?affi bme collecting whatever other data is avaNable wlo the
benef~t ~~f more engineer~ng wcrk
~ ~'27r OU8
Page -3 of 6
I nope trls :~ns~,~s •r.:. ~,es~,rr~ rou
Regarcis.
Todd Mie ;E
From: Dave Mercier [malfUo:dmercier4spokanevalley.org]
Sent: Tuesday, March 04, 2008 4:09 PM
To: Uncflln, Bob; Richard Munson; Danek, Thomas; Apple, Bob; Shogan, 3oe; Cooley, Gavin;
tfiompsonm@spokanevalleyfire.com; Bob Anderson; Brlan Asmus; Brown, James V.; Bruce Holloway; Chisholm,
Chuck; Chuck Hafner; Chuck Stnclcer; edl@sc#d4.org; Emado, ]ames; Famell, Marshall; Nowells, Shely; Jeff Sale;
IGrkpatridk, Anne; Knezovkh, Oaie; Rkhard, Mark Mizell, Lorlee; Morgan Koudelka; Nlcks, Jlm; Mielke, TodC;
Tower, JefF; VanLeuven, RiCk; Yoermans, Nancy; 1Nentwarth, Bob; Williams, Bobby
Subject: RE: 10 year ccest analysis
Bob
Thanks for your repry As you will recall the questicns ansino from tne group's presertatlon at the 5pokane
Valley City Council included a request to sdenUfy the Iife-cycte-cost of the communicaUons infrasiructure system,
not just mitial purchase and installation costs The purpose of the quesUon was to sollclt a true estimate of the
cost of acquiring, owning end keepfng the proposed system properly functloning because al( of thvse costs will
need be paid fram tax sources (which need be identified) and it is important to determine fhe extend af the
tundfng reqwred in order for the Council and others to make an Informed purchasing tiecision
The spreadsheet emailed on 2119 showed a replacement cost figure of $25,200,000, the spreadsheet of eoruer
yzsterday showed that cost reduced to $13,000.000 and the spreadsheet issued late yesterday turttier reauced
the c,ost estimate to $7,000 000 1 appreclate that estimates may fluctuete, but a declme frarn $25,200,000 tc
$7.000,000 suggests tfiat a considerable amount of expected costs are no ionger being figured into ihe equatian
if that is so, the unrecognczed costs would skew the oveNunder calculations footnated on the spreadsheet
i he current praposal identrfies five funding inibatives radio system operating expense. radlo system repfacemen;
expense, crime check delta expense. reverse 911 nobficat,on expense and 911 aperating expense shorlfall5 We
have esked the County Commissioners-through Commiss+oner Richard-to Identiiy each of the flve Initistives an
a one-ihrough-five pnanry list And, to clanfy
whether the objecUve of the ballot Issue is to fully fund initiatfves according to thelr relauve priority or tc provice
oass;ir,e fundirig to each mibative
Please be aware that we asked thraugh Gommissioner Richard that the Board of County Commissioners respontl
In wrling ia the ques[ians they requested we provide them in writing I hope that in doing so the working group
will caordinate w,th the Board af County Commissioners so that we are all operating on the same data
For yaur in(armatior., the Ciry Council has scheduled a public heanng on the proposed ballot lssue on Apnl 8 so
rhat proponcnts. cDOOnents and interested parties can comment on ;he issue before the Ciry Ceuncil c~Drssder;
'akina a position on ~he mat*er at rhe 7 rneetir:1 01 Aprd
Aq3kn thark5 f~,yr ..r _on?;nued .;ork
Davu
Frortt: lincoln, Bob [maiito:BUncolni"i~spokanepoltce.orgl
Sent: Tuesday, Marth 04, 2008 8:53 AM
To: Dave Mercier; Rlchard Munson; Danek, Thomas; App1e, ['sob; Shoyan, 3oe; C_.ooley, Gavin;
diompsonma~spakanevalleyfire.com; Bob Anderson; Brian Asmus; Brown, lames V.; Eiruce Hoflaway; Chisholm,
;'?i!21?11R
Page 5 of 6
Chuck; Chuck Hafner; Chuck Stocker; edl~gscfd4.or9; Emacio, ]ames; Farnell, Marshail; Hawelks, Shefly; )eff Sale;
K;rkpatrick, Anne; Kne2ovich, Ozzie; Richard, Maric Mfzell, Laiee; Margan Koudelka; Nicks, Jim; Mielke, Todd;
Tower, Jeff; Rkk Van Leuven; Vcermans, Nancy; Wentworth, Bob; WilHams, Bobby
Subjec#: RE: 10 year cost analysis
Dave,
It is samewhat iranic that a cauple of the opponents of the ballot measure lasi tall descnbed the project as a
'boondoggle', assuming that the proJected revenues would vasUy outpace the projected spending. They further
made statements to the effect that ttie new tax revenuss wauld be used ro supplent gensrai fund expenditures
As you can see irom the 10 year oost anaEysis, neither is true.
As you know, any undertaking of ihis magnitude requires tt►at we are fiscalry respansi5le This means that at the
end of the day, we must not only bulld the new system, but accamplish the task while still repaying we debt
finence costs. However, it is my opmion thet $7 million is not suTfictent replacement tunds The generel industry
standards assume a 15 year iite expectsncy for most of the +nfrastruclure equipment Since we are operating
under a 10 year sunset limitation and aur flrst prionty is to bwld the new system, we need to took at ather means
to miUgate the costs and add to the replacement fund
Flrst, it is stili possible that we will get some 4egislatlve reliei in the form of VOIP tax doliars. It is difficult ro
esUmate the lmpact on Spokane County, but the flscal note esiimates that 2009 sbtewide revenues woutd
amount to approximately $400,000 and escalate to $1.371.000 by 2013 Second, we now esUmate that we witf
be able to use approximately $4 million trom federal grants to offset sonie of tfie capital costs. This wouid have
the effect of reducing our debt costs and posslbly allow us to direct more funds to equlpment repiacement Third.
throuflh careful contraci negobations and eccnomy o` scale we could vary wn;i have signif,c;ant cest savings on
the purchase of portable and moblle radics
I appreciate your heip and suggestion6 I1 is a difficult task to balance aii tne p!ojeCt needs with limlted funding
Please let me know of any sc~'ubons that you be!ief wculd be -iseful ir tnis endeavor
Bcb L
From: Dave Mencier [malltn:dmercier@spokanevat{ey.orgl
Sent: Monday, March 03, 2008 5:29 PM
To: Llnooln, Bob; Richard Munwn; Danek, Thomas; Apple, Bob; Shogan, )ce; Cooley, Gavin;
thompsanm@spokanevalleyfire.com; Bob Anderson; Brian Asmus; &awn, James V.; Bruoe Holloway; Chisholm,
Chudc; Chudc Hafner; Chuck Stocker; edl@~scfd4.org; Emacio, James; Famell, Marshall; Howells, Shelly; Jeff Sale;
Klrkpatrfdc, Anne; Knezovkfi, Oaie; Richarcl, Mark Mlzell, Loriee; Morgan Koudelka; Nicks, ]im; Mielke, Todd;
Tower, )eff; YanLeuven, Rfck; Voermans, Nancy; Wenhvorth, 8ob; Williams, Bobby
Subjeet: RE: 10 year cast analysis
H~ BoG
I not3ced ttrat this latest rewsion a►so reduced the amount of radio sysiem replacement expense by $5 miition IE
appears that thet revlsion produced a positive balance in the oveNunder Ilne offsemng the downscaled revenue
projecUon. I am assuming that the $5 million doltar reduction was not simpty a mathematical ad}ustment to
produce a positive cash fbw. Please let u5 know wtiat improvement6/list of replacements was taken out of the
rddio system expenSe line to net aS5 million reduchQn
Thanks for your contmued work
Dave
From: Lincoln, Sob [maltto:BLinrnln@spokanepolke.org]
Sent: Monday, March 03, 2408 4:40 PM
3 ?7,'~UUR
To: Richard Munson; Danek, Thomas; Dave Mercler; Appie, Bob; Shogan, Jce; Cootey, Gavin; Page h uf 6
thompsQnm@spokanevalleyfire.com; Bob Anderson; &ian asmus; Brown, James V.; Bruoe Holloway; Chlshoim,
Chuck; Chuck Hafner; Chuck Stocker; edl@scfd4.org; Emacio, James; Famell, Marshall; Howelis, Sheliy; ]eff Sale;
1Grkpatrkk, Mne; Knezov(ch, Oa}e; Uncoln, 8ob; MRlchard@spokanecounty,org; MlZeil, Lor{ee; Morgan
Koudelka; Nicks, Jim; Todd Mielke; Tower, Jeff; Rfck Van Lewen; Voermans, Nancy; Wentworth, Bob; Williams,
BobbY
Subjeet: 10 year cost analysis
Suggested changes from MarshaU Famell
Reducs first year anticipated sales tax revenue. $8.2 milbon is too ambit►ous
Year one aniicipated sales tax revenu_ change-i fram 58 2 million 1o ' miilion, with anruai incrc2se
Bob Lincoin
5pokane Police Department
Pianning and Information Anafys-s Manager
De6k (509) 835 4521
Cel1 (509) 954 5685
I ?l)11!i
Page 1 of 4
Dave Mercier
From: Dave Mencier
Serrt: Saturday, March 15, 2008 10:14 AM
To: Richard, Mark J.
Cc: City Coundl; Mike Jac.kson
Sub)ect RE: Expanded Cnme Check - Proposed Ballot Issue
Good Moming Mark
1 perceive your response Eo my requesi for clanfication as sounding more like a campla+nt than a cJarification of
how to handle any ather questions that may arise Be that a5 it may, let me herein farmally respond in writing in
an effort to satisfy your "package them in writing" comment.
At yolir request, I submiited e letter to the County Commissloners on February iitemlzjng the questiona that
arose when yau appeared before the Spokane Va11ey Cityr CouncH presenting infarmatfon rolated to the proposed
ballot issue Please accept tfie following as the package of wntten questiona asked since the February 7 letter.
March 3 queslion in email to BoD Lincoln: 'I noGced that thi6 latest ravislon also reduced the amount of radio
system replacement expense by 35 million It eppears that thet revision produced a posrtive batance in the
over/under line offsemng the dawnscaled revenue projecrian, 1 am assuming that the $5 million dolisr reductian
was not simpiy a maU►emabcal adjustment to produc8 a ppsitive cash flow PieaSe let us knaw what
Improvements/list af repl2icements was taken out of the radio system expense line to net a $5 millian redudion '
March 4 comment kn email irom Bab Lincoln to Dave Meraer_ 'i appreciate your help and suggestions." 11 took
!his comment as an indicatlon that the questions asksd to date were neither "distracting" nor an lneffic6ent use oi
staff resources 1
March 6 question in emait to Todd Mielke As we attempt to anticipate questions arismg at tfie upcoming public
hearing, I would be helpful if the Beard of Commissioners asked Jim Emacio to apine on three ballot language
related quesrons. Does incfusion of the words Cnme Check in the Da11ot questlon require that Cnme Check be
fully funded with the proceeds at the 1110 of 1% sales tax't (f not fufly funded, does the ballot language compel
any particular 1ev81 ot partial iunding? Doe.s the ballot language in anyway distinguish beNreen praviding revenue
br current Ievels af Cnme Check funding and funding only "expanded Cnme Check?' Regarding the current
revenue projection estimating an annua! 3°r6 rate af increase, have you seen thia moming's Spokesman Review
art►cle on decllning sales tax receipts reported in February7 It indicates that some area muncipalities have
experienced a downtum in sales tax collections between (-1°r6) and (-26%). February is a bellwether month
because lhat is the ume when December hotiday salea recelpts are distrlbuted to junsdictions According tv the
Counry Budget Office, sales tax received from area cities accountEd fot 46% of County sales tax teceipts in
2007 Da you anbcipate revistting the revenue pto)ection plculation in response to this informatian?
March 6 comment in email to Todd Mielke "I rece+ved replies from both you and Mark to yesterday's emell and it
seems that the matter c-i pnontias ;s ur.sa?tled Please alert me to ;h2 final prionry 3rray when determined by the
BaCC "
MarCh 10 quesUon in email to Bab Lincoln: "For Spokane Valley Crry CounGl consideration, it would be helpful to
know what tt►e current Crime Check iull twdget ls and what it buys in terms oi FTE's, hours of operaUon and
outcomss for citizens. And, it would be helpful to have a copy of the proposed budget for the "expanded Cnme
Check" that itemlzes cosis and describes the expected higher FTE count, modified operations and citizen
outcomes" .
Thre list would nat be camplete withaut of the addition of what may have been the only question nat asked in a
wntien medium (letter or ernail). When you met with city represenLatives on February 27 to discuss a proposed
Turde Creek JPA, I did make an oral request that the BoCC express a pnonty array for the five inRiatrves
contained in the proposed ballot issue. Let me official repeat that request in writing here
I believe the forgoing five communlca6ons with questions or comments captures what you described as having
;i?71'_'00$
Palze , (11 4
the effect °to continue 4o bury the team daUy w(th questions " I hope this he3ps to c:,nsa1idate the oata requests
and lift any unintended burden of response I am open to your suggestions as to how to handle any other
questions thaE the Ciry Council or I may have
Dave
From: Rkhard, Mark J. [maitto:MRichard@spokanewunty.org]
Sent: Saturday, March 15, 2008 8:12 AM
To: Dave Mercier
Subject: RE: Expanded Crime Check - Proposed 6allat lssue
Dave;
Ithought I had prevlosly asked thac yau na[ continue to bury the team dady with questions but package them in ti
Thanks for asking for darfficatlon; I hope this helps.
Mark
-----0riginal Message----
From: "Dave Mercier" <dmercier@spokanevalley.org>
Yo: "Rithard, Mark <MRichard@spokanecaunty.org>
Cc: "City Cauncfl" <QtyCouncil@spokanevalley.org>; "Mlke ]ack5on" <mjackson(i~spokanevalley.org>
Sent: 3/14/08 9:41 AM
Subject: RF: Expanded Crime Check - Proposed Ballot lssue
Mark
I am unc.enain of what you mean when you say you want me to package my questians Don t ask tham? AsK
only one person7 Ask at anvther time (whert)7 Don't ask tollow up questions? Wa+t unt'l we have a list o'
quesbons?
I have consistently said that I appreciata the work the team is doing And. I tnought that pasing quest;ons now as
the Informat►on evolves weuld be more useful for all, rather than ralsing them at the pubbc hearing for the first
time. This way the niarri.._. t:.rl G,ri -i . c f 1f".PRI ?:d :fC()3!o
reasoned responsc s
Piease clarify wha' ;;cu are asking
ThanKs
Dave
From: Richard, Mark [maiitD:MRichard@spokanecounty.org]
Sent: Thursday, March 13, 2008 6:22 PM
To: Dave Mercier
Subject: RE: Expanded Crime Check - Proposed Ballot Issue
I have asked that you please package your questlons and allow the team t4 do itis work Dave.
Piease honor that request. Feel free to call me if thls is a problem.
Mark
-----Original MessagE--
From; "Dave Merciet" <drnercierisspokanevalley.org~
To: "Linooln, Bob° <BUnoolnwspokanepolice.org>
Cc; "City Cpuncil" <GtyCounCif@spolcane'valley.org>; "Mlke Jackson" <mjackson,aspokanevalley.org>; "Margan K
Sent: 3/ 13/08 5:26 PM
Subject: RE: Expanded Crime Check - Proposed 3allot ?ssue
1,27,20(I8
i'ai':: I uf 4
Thanks 6ob
Doyou have inforrrat►on about che chen FTE count 2nd'uii ccst of Crirne Check p.riar ro tne reducUen tha! took
place several years ago that curtailed 24 hour operations3
Dave
From: Llncaln, Bob [malito:BLincoln@spokanepolice.org]
Sertt: Thursday, March 13, 2008 3:04 PM
To: Unooln, Bob; Dave Merder
Cc: City Coundl; Mike Jackson; Morgan Koudelka; Vemer, Mary; Ashe, Susan; Nidcs, Jim; Tower, Jeff; Ridc Van
Lewen; Kne2ovkh, Oaie; Kiricpatrick, Anne; Shogan, ]oe; Richard, Marfc l.; Midke, Todd; Danek, Thornas
Subjed: RE: Expanded Gime Check - Praposed Balbt Issue
Dave,
I have sitached Mro documents. The Dudget numbers come from the 911 staff and the Crime Check document
(Law Enforcement expectabons of Cnme ChBCk) come from the previous referenced meeangs It should be
pointed out dhat the document represents law enfarcement expectations and that ali the metters included will need
to be thoraughty vected thraugh Emergency Communications Board There are some areas ln the document that
wili require further cliscu5sion but it is a fairly good representation of how Crime Check will functian when it Is
reinstated
The existing Cnme Reporting Center has BFTE s and 1 supervl6or We are be+ng tetd thal the proposed Cnme
Check wi11 require 20FTE's and 2 supervisors
Bob
From: Lincoin, Bob
Sent: Monday, March 10, 2008 1:00 PM
To: 'Dave Mercier
C.G City Council; Mike Jackwn; Morgan Kaxfeika; Vemer, Mary; Ashe, Susan; Nicks, )im; Tewer, )eff;
VanLewen, Rkk; Knezovich, Ozzie; Klrkpatridc, Anne; Shogan, Joe
Subjeet: RE: Expanded Crime Check - Proposed Ballat Issue
Dave
We met with the 911 1 Crime Reporting Center peop;e Tuesday 'I'll concernmg the expectat,ons for the ievea ol
service required by law enforcement ior CRme Check_ A committee representing all Spakane County law
anfercement agencies attended We will meet again on Wednesday 12t" The plan is tn have a final Cnme
Check service document as quickly as possible after the canclusion of Wednesday's meeting. The document
needs to cover the agreed upon level of service that will be provided, and a budget (InCluding FTE's. & hours af
operation) addressing the assxiated cas:s of providing those services Upon completion. I will forward ;he
information to yoU
I will get you the budget ir{ormaUon assoaated witn the current Cnme Repart+ng Certer operations shoRly
I wili also gatl}er the lntormation addressing the expected changes in outcomes for citizens as we move from the
somewhat hmitetl current operation to the full service Crime Check operaiion.
Bob
From: Dave Mercfer [maiitn:dmercieraspokaneval{ey.org]
Serrt: Monday, March 10, 2008 10:56 AM
To: Lincoln, Bob
Cc: Gty Council; M(ke Jackson; Morgan Koudelka; Verner, Mary; Ashe, Susan
Subjett: Expanded Crime Check • Proposed 6allot Issue
3r'Z7r2UU8
Pagc4 oia
Good Moming Bab
I wauld appreGate your ass~siance m obtainEnq iniormation about thie Crime Check element of the proposed ballot
lssue Please feei free to forward this message to whomever you think most likely to have the mformaUOn
2quested.
For Spokane Valley City Coundl oonsideration, it would be helpfui to know what the cucrent Cnme Check full
budget is and what ri buys in terms of FTE's, hours oi opera6vn and outcomes for citizens And, d wouid be
helpful to have a copy of the proposed twdget for the 'expanded Cnme Check" ?hat itemizes costs and descnbes
the expected higher FTE cour►t, modified operations and citizen outcomes.
Thanks for yuur contmuzd effort to oet k,ey information assembled and dtstnbuted for r.,)nsideran~n
Dave
? ~7~?UU?+
D1tAFT
vIINUTES
City of Spokane Valley
City Council Executivc Scssion
Tuesday, March 18, 2008
Attenclance:
Councilmembers: Staff:
Rich Munson, Mayor Dave Mercier, City Manager
Dick Denenny, Deputy Mayor Mike Jackson, Deputy City Manager
Rose Dempsey, CouncilmembEr M.ike Connelly, City Attorney .
Bill Gothmann, Councilmember Ken Tfiompson, Finance Director
Rich Munson, Councilmember Neil Kersten, Public Works Directvr
Gary Schimmels, Councilmember
Diana Wilh.ite, Councilmember
EXECUTIVE SESSION: Mayor Munson called the meeting to order at appraximately S:QO p.m. and
announced the purpose of the meeting is to discuss land acquisition. Thc meeting adjourned at.
approximately 5:55 p.m.
O Richard Munson, Mayor
ATTEST:
Christinc Bainbridge, City Clcr#c ~
Council Minutes: 03-18-08 Page I of 1
Approved by Council:
DRAFT
MINUTES CITY OF SPOKAIVE VALLEY
J CITY COUNCIL STUI)Y SESSION
Tuesday, March 18,2008
Mayor Iviunsan called the meeting to orcler al 6:00 p.m. and welcomed everyone to the meeting
presenl:
Councilmcmbers: Sta ff:
Rich Munson, Mayor Dave Mercier, City Manager
Dick Denenny, I?eputy Mayor Mike Jackson, I}eputy City Manager
Rose Dempsey, Councilmember Mike Connelly, City Attorney '
Bill Gothmann, Councilmember Neil Kersten, Public Wvrks Director
Gary Schimmels, Councilmember Rick VanLeuven, Police Chief
Steve Taylor, Councilmember Scott Kuhta, Senior Planner
lliana Wilhite, Councilmember Cary Driskell, Deputy City Attorney
Ken Thnmpson, Finance Direetor
Tim Ktein, Roads Superintendent
Steve Worley, Senior Engineer;
Darla Arnold, Public Works Office Assistant
Carolbcllc Branch, Public Information Officer
Greg Bingaman, IT Specialist
Chris Bainbridge, City Cleck
Roll Call: At Mayor Munson's request, City Clerk Bainbridge callecl the roll; all Cauncilmembers were
~ present. New Employee Intmductions: Senior Planner Scott Kuhta introduced new associate planner Lori $arlow
who is a native of Nnrth Idaho and most reccntly from the City of Moses Gake; he Chen introduced offc:e
assistant Meather Morris, who has lived in the Spokanc area most of her life, and previously worked for
Itron. Deputy City Manager Ivlike Jackson introduced new Parks and Recreation Director Mi.ke Stone, and
mentioned that Mr. Stone comes from the City of $pokane, and is also a licensed landscape architect.
. Council wclcomed and greeted the new employccs.
ACTION ITEMS
1. Proposed Resolution 08-003 Declaring Surplus Properiy for PineslMansfield Gapital Project - Steve
Worlev ,
Fngineer Worley explained dhc proposed resolution to declare specific rea1 property as surplus; that the
area in question is a parcel previously acquired as part of the PinesJMansfield capital project which can be
better used to trade for anoYher necessary parcel; and as further explained on Mr. Worley's March 13,
2008 informational memorandum. Mr. NVorley said that we are selling the property for slightly more per
square foot then purchased, and using that to offiet the cost to purchase Che right-of-way; and that we
need Council approval to identify this as surplus property. It was moved by Cvurrcilmember Taylor arrd
seconded to approve Resolution 08-003 1a declare surplus property and approve the trade of real
pruperty. Mayor Munson inviled public comment; no comments were offered. Yote hy Acclamatron: In
Favor: Unanimous. Opposed: None. Abstentions: Nane. Motion carried. .
2. Motion Consideration: Pool ConstructianBid Award - Steve Worley
Engineer Worley explained that this proposal is to have Council consider awarding the pool construction
bid to Kilgore Cnnstruction; that the earlier bid resulted in one bid which was ovcr the anticipated buclget.
~.J Mr. Worley mentioned that it is his understanding that one of the reasons for the first low bid turnout was
that some purported bidders felt the time frame was too short as the woric would have tn have been
accomplished in time for this year's swimtning season; that Council authorized staff to change the
Study Session Mecting Minutes: 3-18-08 Page 1 of 4
Approved by Council:
DRAIT
construction project to allow contractors to work tlvough the summer and next wintcr and have the pools
ready for the 2009 swimming season. Mr. Worley reported that for this seeond round of bids we only
received two proposals, and that although we wcre allowing for a longer period of time to complete the
work, the costs actually increased as longer work periods would result in longer rcntal of dumpsters,
fences, and other costs whicb were not previously considered. In response to Council questions
concerning the budget, Mr. Jackson said this would not affect the budget as we would simply be moving
line items and not changing the tntal budget. !t was mvved by Deputy Mayor Denenny and seconded to
award the bid to the Inwest responsible bidder Kilgore, and to approve the award of the swimming pool
upgrtrdeproject to Kilgvre. Mayor Munson invited public comment, no comments were offerecl. Cduneil
discussion included mcntioned of the idea of the bids submitted on the re-bid coming in higher than the
one bid which came in nn the first initial bid, which was also higher lhan budget; and mention from Attorney Connelly that the oprions are to not accept these bids, or to again re-bid, that one cannot go back
to the original first bidder. Mayor Munson invited public comment, no comments were offered. Vote by
Acclamation: In Favur: Mayor Munson, Deputy Mayor Denenny, und Cotmcilmembers Schimmels,
Dempsey, Cothmanrr and Wilhite. Opposed: Councilmemher Taylor. Abstentions: Nnne. Motian curried.
RFGULAI2 STUDY SESSION I'rEMS
3. Barker J3rid e Utili Agreemcnts - Steve Worlev
Engineer Worley explained that currently sev,eral utility companies have their facilities cross the Spokane
River on the exiscing Barlcer Road Bridge; and that there are other utility companies which would like to
plnce new facilities on the reconstructed bridge; and in some cases,' existing facilities will need to be
relor.ated prior to the construcrion oF the new bridge; that the City pays the bridge contractor to install all
the neccssary conduits, pipes etc. that the utility companies would like on the neNv bridge, and the City
then gets the costs reimbursed by the utility companies; and that Memorandums of Understanding are
typically used to confirm the conditions of the utility work and address the reimbursement to the City.
Councilmember Schimmels mentioned it is his undcrstanding that Consolidatcd Irrigation is not aware of ~l
this situation, and Mr. Worley said he would research that to make sure they are cognizant of the
proposed agreement. Mr. Worley also asked Council if they would feel it appropriaYe that tltc City
Manager or by his designalion the Public Works Director, approve tfiese types of agreemcnts in the future
" cvhcre the agreemenC is simply a reimbursement and the City is not committing to aiiy additional expense;
or staff could bring these to Council for approval or could ask Council to authorize the City Managcr to
approve the agreements on a case-by-cdse basis. Councilmember Gothmann suggested that staff draft a
resolution to addres5 this signature delegation for future agreements; Mayor Munson said as Council has
responsibility for o'versight, he sees no reasnn not to continue to seek council approval on future
agm:ements; Deputy Mayor Denenny said these are morc operational rather than budget ancl perhaps staff
could insert future agreements as informational items in the council packets, and if Council has yuestions
' thcy could address those to the City Manager. .There was Council consensus that staff prepare a
resolution lu atldrecs the approval delegution jor future agreemenls regardles.r of the contract amoun! for
the utility entity as there would be no dollar cust ta !he City.
4. Total Maximum laaily Load (TMDL) presentation - Deauty Mayor Denennx
Deputy Mayor Denenny reported that the scheduled three-hour mecting to discuss the agreements entered
into with the T)epartment of Ecology and the Environmental Protection Agency regarding the TMDL and
Nalional Pollutant Discharge Elimination System (NPDES) permits was cancelled; thus this issue kceps
gctting pushed baek; that according to an e-mail from David Moore of the Spokane Rivcr TMAL Lead
, Water Quality Program, the UOE is "woricing diligently on revisions to the Spokane River/Lake Spokane
Dissolved Oxygen TMDL Water Quality Improvement lZeport. * . ..Ecology has complcted a
responsiveness summary for the many comments received on the previous draft." Public Works Dircctor
Kersten mentioned that the Caunty is moving fonvard with their lteyuest For Proposals on the building of
the planl, but that none of that will occur unless this TMDL and NPDES permit is agreed to; and Deputy
Mayor Dencnny added that if the agreement doesn't come to &uition, therc will be no point in having a
plant planned, which will lead to an end result of having to make other difficult decisions. Mr. Kersten
Study Session iMeeting Minutcs: 3-18-08 ' Wage 2 of 4 Approved by Council:
DRAFT '
also mentioned that all entities are working to have aU "bascs covered" to ensure there will be no errors in
this, and aU involved are anxious to see the outcome of the rescheduled meeting.
5. [nterim Qrdinaace 07-025 Amendment - Mike Cannelly (for Greg, McCormick~
As Community Development Director McClung was out of town and Planning Manager McCormick was
out ill, Attomey Connelly explained the background of this amendment proposal bascd on the interim
ordinance as per Mr. McCormick's March 1$, 2008 request for Council Action Form and accompanying
PowerPoint prescntation. Mr. Connelly explained that thcse amendment's address the future acquisition
areas, Appendix A I?efinitions to more accurately define Accessvry Dwelling Units, setbacks, and
language prohibiting the use of recreational vehicles as permanent or temporary dwelling units in
residential zoning districts.
Council discussed at length various options coneerning the accessory dwelling unit, particularly the clause
that the "ADU may not exceed fifly percent (50%) of the total square footage of the principal dwelling
unit, nor be Icss than lhree hundred (300) square feaet and not more than one thousand (1,000) square
feet." Council comments included whether to keep the SO% and not the specified square footage; to have
a different square footage; or as Couneilmember White suggested, to have it based on a percentage of the
prineipal dwelling rather than on square footage. Councilmember Gothmann askcd staff' to research the
different ways other cities approach this in order to present Council additional alternatives. NIr. Connelly
said he wpuld fonvard these comments to Mr. McCortnick.
Mayor Munson called for a recess at 7:32 p.m. and reconvened the meeting at 7:42 p.m.
6. Spring Rnads Report - Neil KerstenlTim Klein .
Mayor Munson expressed appreciatipn and gave accolacles to Mr. Klein for all his timc and effort in
O keeping our citizens satisfied conceming snow removal and pothole ropair. After Mr. Kersten and Mr.
Klein went through their PowcrPoint presentation, Mr. Kersten mentioned that J-U-B Engineering firm
will be gning back in a few wceks to re-raCe the roads and determine how fast they are deteriorating and
what we need to do to keep our roads maintained; and concerning the $4 million unfunded 'pavement
managemenl cost, Mr. Kersten said that cstimate cnuld be more but we will await the t'urther study from
J-U-B.
7. .I..cgislative Mariers - Dave Mercier •
City Manager Mercier mentioned lhat the preliminary report indicated we were successfu) in obtaining
$300,000 from the State capital budget for the development of Greenacres Park, even though the
beginning of the I,.egislative sessinn showed the $300,000 from the Hause but none from t}le Scnate; and he is pleased with the resurrectcd figure; that the plan is to go back at [he next session to try to add a
couple hundred thousand to that allocation as the original request was $500,000. Mr. Mercicr said that
Representative Ormsby was a key player in this; and that all members of the delegation were very
supportive; and that there will be letters of appreciation propared for all those folks who helped. Mr.
Mcrcicr mentioned there is a required match of funds, and we are applying for $.5 million in additiona)
grant funds to supplement the budget request.
8. Solid Waste Franchises Review - Cary Driskell
Deputy City Attorney Driskell repnrted that there are minor revisions to the two solid waste &anchise
ordinances previnusly approved so that che effective datcs on the letter to the WUTC match the effective
date of tlie ordinanccs; that this is more vf a housekeeping measure, and both franchise ordinances wil) be
brought fonvard for council consideratian at the next meeting.
~ 9. Graffiti Regulations - Cary Driskell
Deputy City Attorney Driskell expla'tncd that there appears to be an increasing amounts of graffiti in our
City, and that staff researched what cunently eausts in the City to address graffiri; particularly that the
response to graffiti at this time is primarily handled by SCOPE; and when grat~iti is lvcated, it is
Study Session Meeting Minutes: 3-18-08 Pagc 3 of 4 Approved by Council:
DRAFT
photographed, ana}yzed, and if not gang-related, SCOPE pmvides the property owner or tenant with
information on how to remove it; or will help paint over the gaffiti. Mr. Driskell said the City has
limited legal means to address graffiti as it is di{ricult to catch someone in the act, but if a person was
observed in the act of placing graffiti on buildings, such act could result in being chazged with third
degree malicious mischicf, which is a gross misdemeanor with a maximum penalty of one year in jail and
a$5,000 fine. Mr. Driskell mentioned thc ways to a successful abatement program as noted on his March
18, 2008 Request for Council Action Form; and said stf►ff can draft an ordinance specifically for graffti if
Council so chooses, but that we already have some of the &amework in place as our Code Compliance
Otrcers are working diligently to get rid of tfiis blight, adding that this issue as other code comp(iance
issues, is cvmplaint-driven. Mayor Munson asked about the cost involved in initiating a"hot line" and
Mr. Driskell said he could research that, but Chief VanI.euven mentioned there is the Sheritr.s Graffili
hotline of 477-GANG (4264) in place now.
rurther discussion involved not wanting to re-victimize victims; and of the need to educate the public
about the issue and of thc hotline. Chief VanLeuven also mentioned tliat a lot of the graffiti takes place in
back alleys where the lighting is not good. Deputy Mayor Denenny suggested finding ways to expand the volunteerism, possibly through the Boy Scouts or other youth programs and service clubs. After further
discussion aaout possible options, it was determined that Chief VanLeuven will contact SCOPE to see if
they can identify some volunteer groups to assist in this endeavor; and that staff can report back to
Council in a few mnnths of the progress in that regard. _
1.0. Advance Apenda - Mayor Munson Mr. Mercier mentioned several changes to the advance agenda, and Maynr Munson added that upcoming .
meetings would also include discussion on recommendations for street maintenance and funding options.
11. Information Only: (a) Manufactured Housing Memo: (b) Comprehensive plan Scheclule• (3) 2010 ` rigure Skating Chamaionships; (d) Consultant Selection Prncess Update for City Center.
~Thcse items wcre for information only and were not discussed, although Deputy Mayor Denenny
mentioned he would like to have a discussion conceming the manufactured housing memo. •
12. Council Check-in - Mayor Munson
Councilmember Wilhite mentioned the recenl Library I7istrict Board meeting and suggested we ask the
Library Board Chair tn come before council to discuss their upcoming plans. Councilmember Taylor
. mentioned the topic of affordable housing and that he would like to set a time to hear from $Rokane
Councilmember Al French on this topic, as well as hear fmm someonc in /he real estate community to
perhaps discuss the regulations of othcr cities such as Kirkland, Feder►l Way, Poulsbo, and athcr areas.
13. CitY Manager Comments -[7ave Mercier: n/a
1'here bcing no further business, Mayor Munson adjourned the mceting at 8:44 p.m.
ATTEST: .
Richard Munson, Mayor
Christine Bainbridge, City Clerk
Study Scssion Mecting Minutes: 3-18-0$ Page 4 nf 4
Approvcd by Council:
DRAFT
. lvmvo•rES . .
City of Spokane Vallcy
City Council Regular Meeting
Tue§dsty, March 25, 2008
Mayor Munson aalled the meeting to order at 6:00 p.m., and welcomed everyone to the 134th meeting.
Attendance: Citv StafJ`
Rich Munson, Mayor Dave Mercier, City Manager
Dick Denenny, Deputy Mayor Mike Jackson, I?eputy City Manager
Rose Dempsey, Councilmember Cary Driskell; DepuYy City Attotncy
Bill Gpthmann, Councilmember Kcn Thompson, Finance Director
Gary Schimmels, Councilmember Kathy McClung, Community Development Dir.
, Steve Taylor, Councilmember Rick Vani,euvcn, Police Chief Diana Wilhite, Councilmember Mike Stone, Parks & Rec Uirector
, Neil Kersten, Public Works Director
Greg McCortnick, I'lanning Manager
, John Hohman, Senior Engineer
- Gloria Macitz; Stormwater Engineer
Karcn Kendall, Assistanl Planner
Carolbelle Branch, PIO
Matt Kenna, PIO Intern
Greg Bingaman, IT Spccialist;
Chris Bainbridgc, City Clerk
O ]WOCATION: Pastor Bill Dropko of Greenacres Christian Fellnwship Church gave the invocation.
PLEDGE OF A,LLEGIANCE: Deputy Mayor Denenny led the 1'ledge of Allegiance.
ROI.,L CALL: City Clerk Bainbridge called roll; all Councilmembers were present.
APPROVAL OF AGI'.NDA: It was moved by Councilmember Wilhite, secvnded and unanitnously
agreed to al;prove 1he Amended Agendu as submitted. •
1NTRODUCTION OF SPECIAL GUESTS AND PRESEV'TATIONS: n/a
COMIMT1'EE, BOARD, I.,IAISON SU1ViMA:RX REPORTS:
Councilmember Wilhite: reported that she attended the Miss Spokane Valley cnronation sponsared by the
Chambcr; met witb the City's Finance Committee; attended the Library Board Meetins, and the County's
State vf the County's address by Commissioner Chair Bnnnie iVlager. .
Councilmember Gothmann: said that he attended the Housing and Community Development Advisory
Committec meering and as a result of appeals, the committec allocated an additional $50,000 that wasn't
used in the previous year, he attended a Chamber breakfast with emphasis on the youth; the Miss Spokane '
Valley coronatinn; and hc expressed congratulations to Councilmember Wilhite for her reward from the
National Business Women's Association.
Councilmember DempsM. no report
Deputy Mayor Denenny: e.cplained that he attended the Spokane 1'ransit Authnrity (STA) Board meeting;
and in behalf of the Mayor and Council, attendcd Kohl's and Lowe's grand openings.
Councilmember Tavlor: said that he attended the Spokane Clean Air Agency (formcrly SCAPA) board
~ meeting; altended the National League of Cities conference with Mayor Munson and Councilmember
Wilhite; and met with members of the l3oard of County Commissioncrs last week regarding Turtle Creek
Joint Planning.
Council Regular MeetinS: 03-25-08 Page 1 of 5
Approved by Council:
llRAFT Councilmcmber Schimmels: reported that he attended the Spokane lZegional Transportation
Commission's daylong retreat; and the Solid Waste meeting a few weeks ago. ~
At Mayor Munson's request, Public Information Officer (PIO) Branch introduced PIO intern Matt Kenna,
whom Council then greeted and welcomed.
MAYOR'S REPORT: iviayor Munson reported that hc presented the State of Ciry Report ta the RAtary
and Kiwanis Clubs; met with the City Finance Committee; attended the Washington State University
Advisory Council today where WSU President discussed plans for the campus; attended the State of the
County Address; and the Miss Spokane Vallcy coronation. Mayor Munson then read the "Our Kids Our
Business" pmclamation, which was accepted with thanks by Mary Mn Murphy.
PUBLIC COMMFNTS: Mayor Munson invited public comments. No commcnts were offered.
1. CONSENT AGEIVDA: Consists of items considered routine which are approved as a group. A
Councilmember may remove an item from the Consent Agenda to be considered separatety.
a. Approval of Payroll fvr pay Pcrivd ending March 5, 2008: $284,470.31
b. Approval of Payroll for Pay Perind ending March 15, 2008: $205.727.90
c. Approval of Minutes of February 19, 2008 Special Joint Council Planning Commission Meeting
d. Approval nf Ivqinutes of February 26, 2008 Regutar Council Meeting
e. Approval of Minutcs of March 4, 2008 Council Study Session Meeting
f. Approval of Resolution 08-004 Setting Planning Commission Street Vacation Public Hearing
It ivas moved by Councilmember Taylor, seconded ancl tmanimously agreed to approve the Consent
Agenda as presented. :
i
NFW BUSI[NESS:
2First Reading Proposed Ordinance 08-003 Amending Sunshine Franchise - Carv Driskell
Aftcr City Clerk Bainbridge read the ordiRance titlc, it was moved by laeputy Mayor 17enenny and
seconded to suspend the rules and uclopt Ordinance 08-003. Deputy City Attorney Driskell explained
that Ihis chan};e is a housekeeping change, as the effective date of the*notification of termination letter to
Washington Utilities and Transportation Commission (WUT.C) is March 10, 2008, and this ordi.nance
change will have the effective date of this ordinancc coincide with that March 10, 2008 date. Nlayor
Munson invited public camment; no comments were offered. Vote by acclamation: In Favor:
Ununimaus. Oppased.' Mane. Abstentions: None. Motion pussed. -
3 Pirst Reading, Proposed Ordinance 08-004 Amending Waste Management i'ranchise - Carv Driskell
ARer City Clerk Bainbridge read the ordinance title, it was moved by Depuly Mayor Iaenenny and
seconded to suspend the rule.s and adopt Ordinance 08-004. Deputy City Attorney Driskell explained that this ordinance is the same as the Sunshine Franchise ordi.nance, and that Sunshine handles
commercial waste, where as Waste ➢vianagement handles residential and cammercial. Mayor Munson
invited public comment; no cvmments were offered. Vate by acclanralrnn: In I'avnr.• Ununimovs.
pppased: None. Abstentions: None. Motrnn passed
4 First Reading ProRosed Ordinance 08-005 Stormwater Ordinance - John Hohman/Gloria Mantz
After City Clerk Bainbridge read the ordinance title, it was rrroved by Cvuncilmernber Taylor and
seconded to advance ordinance 08-005 to a second reatling. Engineer Hohman explained the background
of the stormwater ordinance as noted in his March 25, 2008 Request-for Council Action form; and said
that by adopting this, we will remove any conflicting elemcnts within the existing Uniform Development
Code (UDC) Yhat are now covered within that stormwater manual; and added that Section 2, of the
ordinance modifies the definitions within the UDC. Engi.neer Mantz also mentioned that this matter was
heard by the Planning Commission which members indicated they feel the items in this section are now
Council Regular Meeting: 03-25-08 Fage 2 of 5
Approved by CounciL•
nRaFT
~ better defined. Mayor Munson invited public comment; no comments were offered. Vote by acclamation:
In Favor: Unanimnus. Opposed: None. Abstentians: None. Motion passed.
5. First Rcading Pronosed Ordinance 08-006 Amendiny, Interim prdinance 07-025 - Greg McCormick
After City Clerk Bainbridge read the Ordinance title, it wds moved by Deputy Mayor Derrenny and
seconded to advance Ordinance 08-006 to a second reading. Mayor Munson invited public comment; no
cominents were offered. Planning Manager McCormick explained that this ordinance amends Ordinance
07-015, which adopted the Uniform Development Code (except title 24); and references Ordinance 07-
025, which was an interim ordinance enacted to address amendments to Title 19 of the UDC, which
ordinance expires May 7, 2008. Regarding Council questions about how other cities address ADUs
(accessory dwelling units), Mr. MeCormick had a chart showing eight cities (including Spokane Valley),
and of the numbcr of ADUs allowed per single family residential unit; the dwelling unit maximum and
minimum size, lot sizc, lot coverage, etc. and said that the Planning Commission's recommendations fall
within the range of what othcr communities havic enacted. This prompted further Council discussion oo the intent of the /1DU, the proposed number of allowed
bedrooms, and a suggestion from Councilmember Wilhite to have the size set as a percentage of the
primary residence rather than a specified amnunt of square Feet. Itwas n:oved by Councilmember Wilhite
a.nd secunded to amentl the motion to iitsert the words "SO% oJlhe primary resiclent faotprinl. " Vote to
amerrd the rriotion.• In Fuvor: itlayor Munson and Councilmembers Wilhite, Dempsey, and Schimmel.s.
Opposed.- Deputy Mayor .Denenny and Councilnrembers Cothmunn arld '1"aylor. Abstentrons: None.
Motion passed Mayor Munson invited public comment; no commcnts were affercd. Councilmcmber
Schimmels mentioned the need to be aware of scwer needs/capacity; and Councilmember Gothman.n
asked if each building needs a separate sewer connection, adding that he is aware that there are somc
O areas not yet sewered. Vo[e by' acclamation on the amended nrotion: In Favor: Unaniirrous. Opposed.•
None. Abstentions: None. Motron passed. `
6. Motion Considerarion: Paiihandling Ad Moc Commiltee - Mike Jackson
It was rrroved hy Councilmember Tuylor arrd secondetl tu establish a punhandling ad hoc committee.
lleputy City Manager Jackson explained that per previous council discussion, Council desired to forni a .
Panhandling Ad Hoc Cnmmittee consisting of a total of seven members, two of which would be
Councilmembers Gothmann and Dempsey, and a Ian Robertson as a representative of the faith-based
community, leaving openings for four other members; that 1he purpose of the committee would be to
investigatc matters related to panhandling and advise Council on those findings; and to iclentify other
programs througt►out the County that address this issue, research what other cities are doing, explore the
potcntial of coaperation in applying programs, then determine what nrograin to implement in order to
help people understand the choices they have to assist panhandlers; and that the sunset provision would
not exceed thc term of the Appointing MAyor: Councilmembcr Gothmann suggested adding that the
Committce should considcr whether the City should have an ordinance. Maydr iVfunson invited public
comment; no eflmments were offcred. Vote hy ucclunration: In Tuvor: Unanimous. Oppased.• None.
Abstentions: None. Motion passed. •
' PUI3LIC GOMMGN'fS Mayor Munson invited general publie eomment.s; no comments were offered.
No cnmments
Mayor Munson called for a recess at 6:50 p.m. and reconvened the meeting at 7:00 p.m.
ADMJNISTRATIVE REPORTS:
7. Street Utility=Spokane Coimcilmember Al French
~ Spokane City Councilman A1 French explained thal this pmposal is as a result of over a year's worlc with.
busincsses and neighborhoods to develop the mechanism to provide a permancnt funding solution for
strcets. Mr. French went through his PawerPoi.nt presentation explainiiig the composition of the
Council Regular Meeting: 03-25-08 F'age 3 of 5
Approved by Council:
DRAFT
committee, and how they researched the policies of various west coast states, examining various taxes
until they settled on this tax, which was copied from the city of Tualatin, Oregon, which City has had ~--J
their ordinance in placc for about 20 years, and which has generated well-maintained streets and a
population which is proud of that accomplishment. Mr. T'rench explained the customer requirements
which werc a.s a result of a public outreach survcy, and public meetings in all parts of the city where staff
and the public discussed the issue and where it was obvious that citizens want customer satisfaction and
an equitable system, and one which does not access property tax. In explaining the various PowerPoint
slides, Nlr. French discussed the proposal's objectives, how the fee can be determined (ddding that the
percentages can vary depcnding on what the local jurisdiction agrees to), existing street department
expenses, relative cost comparison of bencral obligation bonds, gas tax, and the street utility; and the legal
and legislative challenges including the key beneftts to this proposal cvhich are to solve the thirty-year
street repair dilemma and restore the streets to their proper eonditian th.rough an equitable, predictable
program.
Discussion included mention of that committee working with the Business Assoeiation and ef such
options as omitting the B&O tax, in lieu of this tax; making the legislation eligible for bordee
communities; how to address drive-through businesses such as restaurants and banks; various classes of
trips such as destination trips, passerby trips, and casual trips; senior rates; and Mr. French mentioned that
he has a prepared copy of their street utility notebook which he can make available (and which Mr.
Mercier said he would like a copy of); mention that the road problem not being adcfressed only continues
to get worse and the funding backlogged; the requirement in the plan of having a citizens oversight
commiU:ee; and of the esti.mated number of employees (two or three) required or desired to manage the
entire progrun. Mr. Prench said he would like to take this to the LegislaCure in 2009 with the possibility
of putting this befdre thc voters for approval in August of that year to have it in plaee by the end of the
year in order to start collecting funds the beginning of the following year. Mr. French also mentioned that
fmm his contact with membcrs of the public, the majority are willing to spend $10.00 a year for well-
maint3ined smooth roads, which is less then the cost of a hamburger, and far less than repairing dented
rims and re-a.lignmcnts; and thaC this would be a permaoent funding solution which takes into
eonsideration inflation. Council thanked Mr. French for his time on this issue.
8-6e6 av° "~-n,epmeiie-.- amencied agcnda - removed this itcm.
9. FinancE: Committee Funciing Options Report- Mayor Munson
At the Mayor's request, City Manager Mercier explained that the "snapshot forecast" oF the gcneral fund
includes the current number of employees and programs and presents estimates for six years hence lo sive
us an idea if our current efforts remain affocdable; that we remain balanced through 2012, but our first
deficit appears in the year 2013. Mr. Mercier highlighted the difl'erences between the "A" and "B"
versions of the Multiyef►r rinancial Plan General Fund Problem Statement #1, and the incorporating of
' the business plan elements that increases the projected deficit in 2013; and that even though thc figures
could bc adjusted, the trcnd remains the same, that of a structural imbalance in the general fund, which is
related to basic maintenance expenditures. Mr. Mercier also mentionetl that these figures can be furthcr
affected based on variaus situations in future years such as economic reccssion and/or harsh future
winters.
At Mayor Munson's request, Public Works Director Kersten explained lhat in examining the draft street
fund budget wifh an estimated $2.5 million revenue gap, other reductions would have to take place to
accommodate that gap, including limiting services such as traffic counts, reducing some staff, redueing
summer street work such as polhole and median repair, rcducing sidewalk repair, or more.
Mayor Munson mentioned that the Hinance Committce ha,s been engaged in discussion of possible
solutions to avoid major maintenance problems, but has not addressed the impending $4.5 million
pavement management shortfall, and he asked for Council consensus to ask staff tn research what it
Council R.egular Vleeting: 03-25-08 Page 4 of 5
Approved by Council:
nRAFr ~ would enCail to initiate a'I°ransportation Benefit District (TBD) in order to provide funds to get us through
the difficult years; and then perhaps the utility funcl mentinned by Mr. French might bc available. Mayor
Munson mentioned that this would include our city working with the City of Spokane and Spokane
Cnunty to form a regional TBD, but in the ineantime, we wnuld move ahead to form our own; that the
concept of the TBD is to charge on a per-vehicle basis. Councilmember Wilhite added that this past
winter was especially hard on our streets and we need a dedicated source af revenue to maintain and
preserve our roads; and she also mentioned the need to have discussions, with members of the community
on how impoRant they feel il is to keep our roads in good condition. Couneilmember 'I'aylor agrccd the
current street maiiitenance system is not funetioning as it should and we continue to subsidize the lack of
funds through the general fund, a type af "robbing Peter to pay 1'aul" scenario; tliat we should support Mr.
i'rench's plan through the lebislalive avenue, but in the meantime to furthcr defer any maintenance an our
streets is not cost effective; and that a figure needs to be determined for a car tab and the issue placed on
the November ballot. Councilmember Schimmels also agrecd to move ahead in that regard.
I)eputy Mayor Denenny said that he struggles with this issuc of initiating a car tab as the mental picture
of such in this cammunity is not good and he fcels the issue will get voted down, forcing Council to
simply comc back with something else later; and said another approach needs to be determined which will
be more equitable and more palatable ta the pubic. Councilmember Dempsey said she has queskions about
some of the budget items such as operating supplies; and agreed that the public won'l decept a car tab; but
sWted she is excited about dhe possibility of a street utility fund as a way to handlc this; and added that she
is not surc the T'BD is the preferred method.
Councilmember Gothmann said that when he was involved with the interim roads committee when the
city was forniing, one of the primary objectives was not to let the roads get out of shape; and that wc are
~ now faced with the choices of letting our streets dcteriorate by curtailing road repair, or go to the.voters
now with the only mecFianism the IegislaYure has provided; and by putting this issue off, we will spend
$8.00 later for every $1.00 spent now. Councilmember Gothmann also mcntioned that he would requcst
staff to inclucle a senior's benefit in statFs analysis, perhaps based on the same formula as the exclusion
for properly tax; and adcled that he feels there is no ather clioicc at this time then to place this matter on an
upcoming ballot.
There was Council consensus that staff perform the needed research to initiate a TBD; and Mayor
Munson said that Council also stands rcady to develop a regional plan with the County and the City of
Spokane on parallcl courses.
IlYFOKMATION QNT..X: Thc Transportatinn Improvement Plan 2008 Amendment Memo, 2008 Sewer
Paveback Program, Figure Skating for Year 2010, and various departmental reports were for inforrnation
only and wcre not reported or discussed.
EXEGLqTVE ~i-:-PeQ ' amended agenda - removed this ilem.
- 1t was moved by Ueputy Mayor Denenny, seconded and :mcmimously ugreed to adjourn. The mccting
adjourned at 8:35 p.m.
ATTEST: Richard Munson, Mayor
~ .
Christine Bainbridge, City Clcrk
Council Regular MeetinS: 03-25-08 • Pagc 5 of 5
Approved by CounciL•
DRAFT
MXIYUTES ~J CITY OF SPOKANE VALLEY
CITY COUNCTL STUDY SESSION
. Tucsday, April 1, 2008
3Vtayor Munson called the meeting to ordcr at 6:00 p.m. and welcomed everyone to the mecting
Present:
Councilmembers: Staft'. - Rich Munson, Mayor Mike Jackson, I?eputy City Manager .
. Rose Dempsey, Councilmember Mike Connelly, City Attorney
BiU Gothmann, Councilmember Kathy McClung, Community ncvelopment Dir
Steve Taylor, Councilmember Steve Worley, Senior Engineer
Diana Wilhite, Councilmember Ken Thompson, Finance Director
M.ike Stone, Parks & Rec Director
Absent: Greg McCormick, Planning Manager
Dick llenenny, Deputy Mayor Rick VanLcuven, Police Chief
Gary Schimmels, Councilmcmber Greg Bingaman, IT Specialist
Christina 7anssen, Assistant I?lanner
Carolbelle Branch, Public Information Officer
Chris Bainbridge, City Clerk
Roll CaIL• At Mayor Munson's request, City Clerk Bainbridge called the roll; all Councilmembers were
present except beputy Mayor Denenny and Councilmember Schimmels. It was moved by Councilmember
~ Taylor, seconded and ununimously agreed 1o excuse Deputy Mayor Denenny cmd Cauncilmember
Schimmels from lanight 's meeting.
It was lhen moved by Courrcibnember Wilhite, seconded and urtanimously agreed lo accelat the amended
agenda. ACTION ITEMS •
1. Motion Consideration: 2010 USA Figure Sknting Ninancial Suppnrt - Bar°b Beddor
' It wus mvved by Councilmember YVilhite cmd secuntled, lo desrgnate ,530,000 us finartcial support to the
U.S. Figure Skating Championships to be payable irt two separate amounts. Mayor Munson invited Barb
Beddor and Toby Stewart tp the podium. Ms. Beddor thanked Counci] for their support, and explained
that the 2010 U.S. Figurc Skating Championships arc the biggest event in an Olympic year; that this
event determines our Olympic team; and eighteen days after this event, our Olympic team represents the
United States in the Vanc;ouver events. She added that Ihcrc will be stiffcnmpetition but she is hopeful to
obtain the necded support; ancl mentioned that NBC will be broadcasting the event nn wcekcnds. Mr.
Stewart then sRvke briefly about the 1984 Olympics in which he participated; said that figure skating is
the most popular Olyrnpic spArt with the highest television raUngs; and that the event will be quickly sold
out; that their big competition is San Jose, Portland (?regon; and Detroit but he tries not to worry too
much about the competition; and explained that the ehances are we will be the smallcst city to be bidding
on this; but that the demographics or population base doesn't matter as much as how well organir.ed and
well-marketed the cveiit will be, and how efficicnt the host will be in gctting people to the event,
including use of organized transportation. Mayor Munson invited public commcnt.
Dick Behm, 3626 S Ridgeview Drive: said that the Saokane area is well noted for its voluntcerism, and
O many cvents would not happen without those volunteers; that hc had tickets for the parade of champions
and it was a wonderful shaw, and he encouraged council's support of this endeavor.
Stuciy Session Mceting D4inutes: 04-01-08 Page t of 4
Approved by Guuncil:
nxaFr
Voie byAcclumation: In Favor.• Unanimous. Opposed.• None. Absrentions: None. Matiorrpa.ssed.
2. Provased Resolution 0$-005 Street Accentancc Procedure - John I-tohman Mike Connellv
At Mayar Munson's request, City Clerk Bainbridge read the resolution title. It was lhen moved by
Councilmember Taylor and seconded, to anprove Resvlution 08-005. City Attomey Connelly cxplained
the back,ground of this issue and of the various occasions this issue was addressed, and that this is an
attempt to consolidate those actipns into a formalized document. Mayor Munson invited public comment;
no comments wcre offered. Vote by Acclamation: In Favor: Chranimous. Oppose& None Abstentrons:
None. Matian. Passed.
e-Connelly
This item wtrs removed from the agenda.
Mavor Munson Invited eeneral public commentv; no comments were offered.
Mayor Munson mcntioned that the City's 5' Anniversary Celebration was held yesterday, and he thanked
Public Infnrmation Officer Branch and the many others who worked to stage such a successful event.
REGULAR STUDY SESSION ITF,MS
4. Spokane Transit Authority - Molty Myers
STA Representative Susan Meyers spoke for ➢V[olly Myers, and went through her PowcrPoint
presentation, which included accomplishments and results delivered, basic facts about Spokane Transit,
goals for increased ridership by the end of 2008; how STA fosters community partnership in such events
a.5 First Night, Bloomsday and Hoopfest; and figures on cosdrevenue hour for buses and paratransit
compared with other communities. In response to a question concerning STAs vans, Ms. Meyers
explained that that is a van provided by STA where the employeeJpassenger drives the van of eilher seven or fourteen passengers; that this reduces the numbcr of car trips by travelling together; that the cost is
based on mileage, and S"I'A recovers almast the entire cost ofthe operation.
5. Municipal Code Amendment: L,oacling llnors - Christina Janssen
Assistant PlannEr Janssen explained that this is a proposal fbr a eode amendment to allnw the placcment
of truck loading spaces on the street facing sides of buildings located in the 1-1 and I-2 Industrial zones;
thal at their March 27, 2008 meeting, the Planning Cnmmission recommended approval; and that staff
fccls this amendment is reasqnable and would bencfit the city in the long term; and the criteria for
approval in thcse cases is that the amendment must be consistent wit the applicable provisions of the
Comprehensive Plan; and the proposed amcndment must bear a substantial relation to the public health,
safety, welfare and protection of thc environment; and she added that this amendment would provicle
existinb and new businesses with practical spaces in which to expand. Aftcr brief discussion, there was
council,consensus to plaee this matter on for a First Reading at the April 8 council meeting, and a second .
reading at the April 15 shidy session.
6. Draft Memorandum of Understanding 2008 Sewer Paveback Program - Steve Worley
Engineer Worley explained that adoption of the 2008 budget included funds for full-width street paving
assnciated with the CounCy's Sewer Construction Program, and that the 2008 STEP (Septic Tank
Elimination Program) includes five projects in Spokane Vallcy: Roclcwell/Summerfield benveen Sullivan
Itvad and Evergreen, Rockwcll Sewer Prnject in the area nortli of Trent and south of Wellesley,
Summerfield Project in the'arca north of 1'rent and south of Wabash; Sutters Project north of 16'' Avenuc
and south of 8h Avenuc; and White Birch Projcct north of 5`b Avenue and south of lnterstate 90. Mr.
Worley mentioned that the City was successful in obtaining CDBG (Community Development Block
Grant) funds of $195,410 to assist in the Roclcwell project, but that final approval of those fiinds is not •
expected until later in April. There was Council consensus to bring the Memorandum of Undcrstanding
on the neact CounciPs eonsent agenda.
Study Se;~,sion Meeting Minutcs: 04-01-08 Page 2 uf4
Approved by Couneil:
DRAF°T . .
7. Ouarterly Updates Comprehensive Plan Amendmen_ts - GreQ McCormick
Planning Manager ivleCormiek explained that as the Comprehensive Plan amendment processes moves
fonvard, the Planning Commission has set study sessions for April 24 and May 8 for discussion of the
amendment applications; and he anticipates bringing those changes to council the end of May or early
June. 8. Webcasli.ng/Television Council Meetings Cost Analysis - Greg 13in ag man IT Specialist Mr. Bingaman explained that in response to Council's interest in researching webcasting or
televising council meetings, he researched some options as outlined in his MF►rch 19, 2008 memorandum;
and added that the franchise agreement needs to be in place with Comcast so that hardware and a
dedicated channcl arc available for city use at little cost to the City. After Mr. Bingaman explained the
- three options, he mentioned that cost could range from $6,000 to $100,000 per year depending on the
option and method selected; and said that in his discussions with Community Minded Broadcasting, they
gave him a rough estimate of $32,000 for them to video for us, but thaC we would still need to find a place
to broadaast ir and would need to negotiate the channel as a broadcast mcdium. In response to Council
questions, Mr. Bingaman said he can further research that option to obtain a better cost estimate, and said
that the $95,000 mentinned in his memo could be scaled back to hvo or three cameras to start witfi, but he
~ stressed the need to produce a professional product, and thus not scale back too far.
Mayor Munson stressed the need to move forward wit1i this proposal as there are significant issues to
discuss, inclucli.ng the Ciry CenCer and Sprabue Applcway Revitalization Plan, which the public would
beneFt from hearing/viewing via web or television. Council discussed webcast versus going live, or
vidcotaping for future viewing, andbr waiting until the franchisc is complete. Councilmcmber Taylor
said he feels now is not the time to move forward as there are other financial challenges with a greater
~ priority, such as road construction and maintenance, and he would rather not raise rates through Comcast
for broadcasting council meetings; that rnost mcctings are not vcry cxciting, and it would take a while to
build up the number Qf viewers. Mr.' }3ingaman also mentioned thcrc arc products available for webcasting whereby the viewer can view the meeting as an agenda, and simply "click" and vicw those
agenda items of interest rathcr than view the entire meeling. Councilmember Withite ar;reed there are
other higher financial obligations, but she would like to provide information tp the public in as last
cxpensive means as possiblc, and that perhaps videotaping and showing later is a viable option.
Councilmember nempsey countered that if wc don't gct the word out to the community, nothing much
will happen, and that television is a good medium for public education. It was also mentioned that using
Comcast woulcf climinate viewing by those witih satellite, but that webcasting would eliminate viewing by
those without computer access.
Af'ter further discussion on the pros and cons of the options, and of Mayor v[unSOn's desire to put this on
- the "fast track" lo get more informalion, there was council consensus for staff to gather further research
on wetrcasting, including more refined cost estimates.
9. Advance Akyenda - Maynr Munson .
Mayor Munsvn mentioned the upcoming strategic financial planning for the entire Council to participatc
in rather than just the Finance Committee.
10. Council Check-in - Mayor Munson
Councilmember Gothmann mentioned that he will be gone Apri( 15.
~ 11. Citv Manager Cnmments - Mike Jackson: na comments.
~
Study Session Meeting Minutes: 04-0I-08 Page 3 of4
Appmved by Council:
ARAFT
' 1\
FXECUTIVE SESSION: It was moved by Councilmemher Taylor, seconded cmd unanimously agreed
to adjourn into executive session for approzimately thirty minutes to discuss pending litigutiun, and lhat
no action is anticipated upon return to regular session. Council adjoumed into executive session at 7:40
p.m. At 8:10 p.m. City Attomey Connclly announced that the Exccutive Session would be extended for
an additional fifteen minutcs. At 8:17 p.m. Mayor Munson declared Cnuncil out of Executivc Session. It
wa.r moved by Cauncilmember Wilhite, seconded and unanimotaly trgreed to adjourn. The meeling
adjourned at 8:18 p.m.
ATTEST: Richard Munson, Mayor
Christine Bainbridge, City Clerk '
. : '
Study Scssion Meeting viinutes: 04-01-08 f'age 4 of 4
A.pprovcd by Couneil:
CITY OF SPOKANE VALLEY
~ ~ ~ Request for Council Action ,
Meeting Date: April 1, 2008 City Manager Sign-off:
Item: Check all that apply: ❑ oonsent ❑'old business 0 new business ❑ public hearing
❑ information 9 admin. report ❑ pending legislation
AGEPIDA ITEM TITLE: Draft Memorandum of Understanding 2008 Sewer Paveback
Program
GOVERNING LEGISLATION: PREVIOUS COUNCIL ACTION TAKEN: Adoption of the 2008 Budget, which includes funds
for full-width street paving associated with Spokane County's 2006 Sewer Construction
Prograrn; Informational Memo in Council's March 15, 2008 packets.
~ BACKGROUND: Spokane County's 2008 Septic Tank Elimination Program includes five
' . projects within the City of Spokane Valley:
RockwelUSummerfield Sanitary Sewer Project Phase I
This project will install an 18" to 21" sewer main between Sullivan Road and Evergreen
Road in the Rockwell and Summerfield Sewer Basins. The project is scheduled to begin
O in April.
Rockwell Sanitary Sewer Project
This basin includes the area north of Trent Avenue and south of Wellesley Avenue
between Calvin Road to the west and Sullivan Road to the east. The project is scheduled to begin in May.
Summerfield Sanitary Sewer Project
This basin includes the area north of Trent Avenue and south of Wabash Avenue
between Avalon Road to the west and Adams Road to the east. The project is
scheduled to begin in May.
Sutters Sanitary Sewer Project ' This basin includes the area north of 16'' Avenue and south of 8`" Avenue between
Evergreen Road to the west and Progress Road to the east. The project is scheduled to
. begin in May.
White Birch Sanitary Sewer ProJect
This basin includes the area north of 5'" Avenue and south of Interstate 90 between
Sullivan Road to the west and Flora Road to the east. TFie project is scheduled to begin
in May. Paveback costs which determine the city's cost to provide full-width paving and drainage
improvements for the three sewer basin are summarized below:
City of Spokane Valley Share
2008 Estimated Road 8 Drainage Improvement Costs
Estiiiiated Ro.• Estimated l .g- l
ii
11: Projects Iniprovei-nent Costs liliprovenieiit Costs
Estimated Totai Costs $900,000 $200,000
The City also applied for CDBG funds and was successful in obtaining a preliminary
recommendation in the amount of $195,410 to assist with full-width paving costs associated with
the Rockwell projeci. Final approval of the CDBG funds is not expected until April. As was done last year, Spokane County will bid some of these projects with an alternate bid
schedule; one schedule with trenching and asphalt patchiRg, another schedule w'rtfi full-width
paving. The differencQ in bids between these two schedules reflects the City's costs. This
approach allows us to take advantage of credits that Spokane County would typically pay for on
a trench/patch project. These credits include pavement sawcutting, crack sealing, and .
pavement surface sealing.
Attached is a draft Memorandum of Understanding (MOU) regarding the City of Spokane
Valley's reimbursement to the county for our share of the paving and drainage costs. This draft
MOU is based on the same MOU approved by Council for last year's sewer program.
OPTIOfdS: 1) Authorize staff to move forward with finalizing this MOU with Spokane County, or
2) provide additional direction to staff.
RECOMMENDED ACTION OR MOTION: Consensus that staff move fonward with finalizing the _
2008 Sewer Construction MOU with Spokane County as outlined, and advance to the next
regular Council meeting to place on the consent agenda, a motion to authorize the City
Manager to execute the final agreement. BUDGET/FINANCIAL IMPACTS: The 2008 Street Capital Projects Fund includes $1,100,000
for the 2008 STEP projects.
STAFF CONTACT: Steve M. Worley, Senior Engineer - Capital Improvement Program
Neil Kersten, Public Works Director
ATTACHMENTS: Draft 2008 Sewer Construction Program MOU
DRAFT
Memorandum of Undcrstanding
Between the City of Spokane Valley
and Spokane County
Pavcment Replacement Cost Sharing and Drainage Improvement Cnsts
For the 2008 Sewcr Construction Program
WI-EREAS the City of Spokane Valley (thc CITY) and Spokane County (the COIJNTY) desire to work
cAllaboratively to construct porlions of the COUNTY's 2008 Scwer Construction Program together with
CI'tY paving and drainage improvement projects; and
WHEREAS the Cl'I Y desires that the roads impacted by the construction of scNvers in the 2008 Sewer Construction I'rogram be reconstructed to the full preconstruction width for an improved roadway
surface; and
WHEREAS the Cl`I"Y also desires that pavement replacement work be extendcd in some areas beyond the
limits of scwer consVuetion; and , WHEREAS the C1TY also desires that certain drainage improvemenLs be constructed in areas that will be
impacted by the COLINTY's 2008 SeNver Construction Program; and
1WI-IER13AS the costs of such fiill width repaving, additional length of road reconstruction, and
O miscellaneous drainage improvements are not funded by the' COUNTY's Sewer Construction Program,
and said costs will need to be paid by the CITY; and
. W1-TER.FAS the 2008 Sewer Construction Program includes the Rockwell/Summerfield Phase 1,
Summerfield, Rockwcll, Sutters and White Birch Sewer Projects within the limits of the CI7'Y, as
idcntifiecf in the COLJNTY's adopted Six-Year Scwcr Gapital lmprovement Prograrn 2007-2012.
NQW THER.I:,FOR.r, the CITY and the COiJTdTY do hereby agree as follows:
1. Prior to die bid vf each project, the COiJN1'Y shall provide the CIT'Y wich a set af projcct plans,
togelher with cost estimates indicating the extenl of pavement remvval and replacement to be paid for by
the COCNTY as a part of the sewee project. The CiTY shall review the plans and estimate, and shall
advise the COiJN1'Y regarding the extent to which the CITY desires to add pavement removal and
replacement, as well as the specific drainage improvements that the Cl 1 Y would like to make in
conjunction with the prnject.
2. The COUNTY shall prepare bid documents that include the addilional work that ic requested by the
CI`l'Y. 'Che CITY may request that the COUNTY include aBase $id Schetlule and an Alternate Bid
Schedulc in the bid documents to allow for a more accurate determination of the true cost impact of the
additional work requested by the CITY.
3. ARer the bids far aproject are opened, the COUNTY shall prepare the bid tabulation a,nd provide a
copy to the CITY on the day oP lhe bid, together with a calculation of the CI'[`Y's estimatecl share of the
project cost based upon the unit prices submitted by the low bidder. If the CITY then decides to proceed
with the desired improvements, the CITY shall provide a written notice to the COUNTY within thrce
days of the receipt of the bid tabulation.
Mcmarandum of Understanding Pavement Replacement Cost SharinS Page 1 of 2
4. The CITY's maximum cost for the five projects shall not cxceed $1,100,000.00 without written
authorizAtion by the CITY. Thc COIINTY shall not proceed with any work that would increase the CITY's cost to an amount greater than the total amount authorized. The estimated CITY costs are
presented in Table 1 below. The CI1'Y and the COUIVTY rccognize_that this estimated total cost is for
planning purposes, and that the actual amount will be based upon finsl quantities and actual coneract
prices. .
5. I.f the CI'1'Y subsequently elects to make additions to the scope of the project, the CITY shnll rcquest
such additional work in writing. A corresponding adjustment shall then be made to thc CITY's share of
the cost based upon the resulting increasc in pay quantities and the associated contract bid prices. For
work items requested by the CIT'Y that are not covered by the contract bid prices, the COUNTY shaU
preparc a change order for the CITY's rcview and acceptance prior to work items being constructed.
6. Upon substantial completion of each project, the COUN1'Y will send an initial invoiee to the CITY
for the C1TY's portion of the cost of roadway and drainagc improvements. Upon execution of the final
pay estimate with the contractor, the COUNTY shall prepare and send a final invoice for any additional
amounts payable by the CIT'Y.
TA.ALE 1
City of Spokane Vallcy Shsre
2008 Estimated Roatl & Drainage Improvement Costs
Estimated Estimated Drai.nagc
Road Improvement Costs, -2008 Prq'ects Im rovement Costs
Esti.mated Total Costs $ 900,000 $ 200,000
SPOKAN:E COUNTY:
BY: Date:
N. Bruce Rawls, County Utilities Director
CITY OF SPOKANE VALLEY:
BY: Date: David Mercier, City Manager
. .i
Memorandum of Understanding f'avement Replacement Cost Sharing Page 2 of 2
~ CITY OF SPOKANE VALLEY
Request for Council Action
Meeting Date: April 8, 2008 C'rty Manager Sign-off:
ttem: Check all that apply: ❑ oonsent ❑ old business ❑ new business ❑ public hearing
. ❑ information ❑ admin. report ❑ pending legislation
AGENDA ITEM TITLE: EIS Stand Stili Agreement Approval
GOVERNING LEGISLATION: RCW 43.21C.
PREVIOUS COUNCIL ACTION TAKEN: NA . BACKGROUND: A decision by the Hearing Examiner in file numbers SUB-07-041PUD-04-
041APP-04-07, reversing a MDNS (Mitigated Determination of Non-Significance) and
O ordering the issuance of a Determination of Significance was issued on NovembQr 30,
2007. That decision was appealed to Spokane Superior Court. The parties have agreed
to resolve the Superior Court action prior to taking any action with respect to this
decision. The attached standstill agreement sets forth the speci#ic terms of agreement
OPTIONS: RECOMMENDED ACTION OR MOTION: Approve the Standstill Agreement as drafted and
authorize the City Manager to execute the same.
BUDGET/FINANCIAL IMPACTS: Avoid unnecessary and duplicative staff work. Avoid
interference with the orderly prosecution of the appeal filed.
STAFF CONTACT: Michael F. Connelly 1 ATTACHMENTS Standstill Agreement.
'
~ .
STANDSTILL AGREEMENT
THIS AGREE?vIENT is entered into by, between, and amang LP,NIZC£ G.
DOUGLASS,INC., LANZCE G. DOUGLASS ]NVESTMENT'S, LLC, and LANZCE G.
DOUGLASS ("Douglass"}, and PONDEROSA TEIGHBORHOOD ASSOCIATION
C`PNA-), and the CITY OF SFOKANTE VALLEY (i`Ci#y"), who shall collectively bc catled
the'"parties,'-' and is effective as to each party as of the date signed by such pariy as set forth
beiow. - WHERE,AS, the pazties are parties to an actian nendin,g in the Superior Court of
Washington for Spok$ne County, cause munbez 07-2-05749-2, sryled Lance C= Douglass,
Inc., et al., v. Citv of Spokane Vallev. et al. ("the Superior Gflurt aetion"), in which
Dougla.ss bas sued the City and PNA un.der various eauses of aetion; and
WHEkEAS, the Superior Court actzon arises out of variaus decisions made by '
Hearing Exaraainer Michaei Dempsey regard.ing deveFopment pennit processing and
application of°the State Environmenfat Policy Act, Ch. 43.21C RCW; and
~ WF-ERF-AS, the Hear.ing Examiner has issued a decision dated November 30, 2007,
aad relaTed to file numbers SUB-07-04/PUD-04-Q4JAPP•Q4-D7 (the "Hearing Examiner's
decision"l, whieh decib-ion sets fortiathe folIourinb as its concluding order:
Based on the Findiugs of Fact and Conclusions of Law stated above, the
:appeal ofthe Mitigated Detesminsrion ofNonsignificance (1vIDNS) is hereby
, granted, the MDNS is reversed, and the City Planning Division is hereby
' direGted and drdered to issue a Determinaxian of Significance (DS) for the
prelim.inary plat/PliD application under the City Environmcnta] Ordinance_
This decision is not subject to appeal.
;and VJHEKEA,S, each of the parties hereto ac};s3owIedges that the Hearing Examiner's
•above-quoied order does not impose an impteanen+ation deadline for compliance an the City;
and
RHEI;EAS, Douglass believes that the Hsaring Exasniner does not have the leggl
authority to issue such an order, and that said authority is in part the subject of the Superior
Caurt Action; and , ~ Standstil I Agreement - 1
I
%
VJHEREAS, each of the parcies heseto believes thaz it is in their respective intsrests
to erner into this agreement in order to ailow for the rimely and efficient rewlutian of the
5uperiar Court action without simultaneausly being rsquired to respond to a withdrawa.! of
the SBPA MDNS and issuance oi a S BPA DS by the City gursuaat to ttav terrns of the
Hearing Exauiiner's decisian; and
WHEREAS, each of the parties hereto acknowledges that full, valid, and bindang
consideration exists for the execution of this standstill agreement and that suoh cansideratian
' consists of the mutual promises contained herein, and the periormance by each of the patties
of theu respective mutual and ihdependent covenalits and representations as set forth here;n;
NOW, TF-IEREFORE, intending ta be legatly bound, and for, and in consideration of,
the terms, conditions and mutual obligations set forth herein, including the pmformance by
each of the pai-ties of their respective mutual an.d independent covenants and iepresentations
as set forth heieim, and undtzstanding the meaning and legal ef#'ect of entering inta tttis
standstill agreement, the parties hereto s2ipulate, agrft, warrant, and represent as follows:
l. Fach party hereto does hereby covenant and agree witii each of ffie other parties .
.
hereto'that each such garty will now and forever hereafter refrain from pursuing or -'instiiuting any litigdtion, administrative action or other procaeding, whekher far
' injunctive or other equitable reJief or damages of any kind, includiag diract and
eansec;uential Iosss.s, relating in any way to the City's deferral of withcfra%N2ng the
SEPA IvIDNS 3nd issuing a SEPA DS, as set farth m the Heflring Eataminer's
decision, grior to the complete and final iemvnarion of the Superioz Court action and
a!1 appeals thereof.
2. Without limitiag the generzlity of the foregoing, the parties agree that this
agreement is not i.ntended to substantively or adversely affect the rights of any af the
garties hereto as tliey exist on or before the cxecution of this agreement. Ratkrr, this
• agreentent is intended to maintain the status quo of the parties, and to main:ain
whatever rigbts the parties may have es to the matters addressed berein as of and
before the exeGUzion of this agreement so es co allaw the Superior Court action io be
fully and comple#ely lirigaied to a conclusion withont liability for damages, loss, or
Standstil[ Agreentent - 2 . . ,
i
any other legal jeopardy thereey acxruing to the City for taking no action gursnsnt ta
the Hearing Exaffiiner's decision prior to the camplets and fiQaI texmination af the
Superior Court aciidn and all appeals thereof. •
3. The parties further acirnowledge and agree that noiwithstanding any Ianguage
herein which migh.t otheiwise be coiistrued to the contrary, if it comes to their
attentaon that this agreement, as impiemented, does not, as to any particulaz maiter,
provide maintenance of the sta-tus quo of the parties and/or their rights as to the
matters addressed hezein as of and befors the eaecutinn hereof, fhey will use their
best effocts to cocrecf that situation by tal:ing such action or refraining to take such
action as will reasonably provide for such maintenance of the status quo or
. protection of rig,hts and thereby continue to presen,e and maintain the absence of
liability for damages, loss, or any other Iegal jeopardy thereby accniing to the City
for takittg no aerion pursuant tfl the Hearing Ex2miner's decision prior to the
complete and final termination oi the Superior Court action and all appeals thereof.
~ 4. Each party further acknowa _adges, agrees, and represents to each of the other
parties lhal such pariy has the power and authority to enter into this agrsement and to
. talce actions, or refrain or forebear from taking ections, as described herein so as to
impler,ient the provisians and intent of this agreement. S. This agreeruent may be eaecvted in multiple counterparts, each of which shall be
deemed original for all purposes. Facsinzile capies of signatures shall be effective
upon transmission, and tlie rec,eipt of a facsimile c.opy containing a signature shall be
effec#ive and treated as an executed original.
1N WITNESS WHEREOF, the undersignetl have executed this agreement on the
respective dates set forth below and effective as to each of the cespec•tive dates written
beIow.
1 Standsull Agreement - 3
C/
'
. - ~
LANZCE G. DOUGLASS, INC. .
BY=
Its: a ~
Daied: 3 !a ' D
LANZGE G. DOUGGASS INVESTNIENTS, LLC -
By:_1-n- 4 ~
Its:
Dated: ~ • - / ~i o ~
• LANZCE DOI7GLASS , ~ /✓I_~ L., L ~I . r~`~ ~ ~ ~►rT°^~ .
~
Dated:
.
CITY OF SFOKANE VALLEY
By: Jts:
Dated: PONDFROSA NEIGEiBORHOOD ASSOCIATION
By: Its:
Dated: - Statdstill Agreement - 4
NAR-10-20Q9 US:Z[PM FRO11- . [uo-091-u:lt
LAN'ZCE G. DOUCrLASS, YNC.
. ~ By: •
Ics: Dated: LAN2CE G. DOUGL.4SS 1NVESTMENTS, LLC
By: Iu: -
Dated:
LANZCE G. DOUCrI.ASS
Dated:
~ CITY OF SPOKANE VALLEY
By:
Ics:
Daced:
PONDEROSA NEIGHBORHOOD ASSOCTATION
M..~~
$y; (a'~f -
Its:
Dated: .
Standsuu Acreemeni - 4 . .
206 621 e512 PAGC. 05
~ CITY OF SPOKANE VALLEY
Request for Council Action
Meeting Date: 04-08-08 City Manager Sign-off:
Item: Check all that apply: 0 consent ❑ old business ❑ new business ❑ public hearing
❑ information ❑ admin. report ❑ pending legislation
AGENDA ITEM TITLE: Approval of the Following Vouchers:
VOUCHER LIST DATE VOUCHER #s TOTAL VOUCHER AMOUNT
02/12/2008 13858 17 000.00
02/22/2008 Be innine Hd 913851 endin w/#13926 599,409.24
03/03/2008 Be innin w/ ft13671, endin w!#13982 433,502.72
03/I0R008 BeQinnin w/#13990, endina w/#14023 110,958.80
03l2412008 Be innin w/# 14024, endin w/# 14117 2,018,431.76
G.R.AND TOTAL 3,179,302.52
~ .
RECOMMENDED ACTION OR MOTION:
- Approve claims for vouchers as listed above.
BUDGETIFINANCIAL IMPACTS: _
STAFF CONTACT: Lisa Combs, Accounting Technician .
ATTACHMENTS Voucher Lists
~i
i~ .
0 0
vchlist Voucher List Page: 1
0211212008 11:00:32AM Spokane Valley • Bank code : apbank • -
Voucher Date Vendor Invoice PO # Description/Account Amount
13858 2/12f2008 000407 SPOKANE VALLEY JUNIOR, SOCCER A: 19319 SPVJSA 38:38-1568 PFERRY WEB I 4,000.00
22427 PRQJ 38-1566 PFERRY WEB DEVE 10,000.00
' 22461 PROJ 57-0017 PLANTES FERRY BR 3,000.00
Total : 17,000.00
1 Vouchers for bank code : apbank Bank total : 17,000.00
1 Vouchers in this report Total vouchers : 17,000.00
I, the undersigned, do certify under penalty of perjuzy,
that the materials have boon furniehed, the scrvices '
rendered, or the labor performed as described herein
And that tho claim ie juet, due and 1n unpaid . . obligation againat the City of Spokane Valley, and that Iam authorized to authenticate and mrtify said claim.
Fi.nan.oc Director Date '
Mayor Date .
Council Member ]aate '
Page: 1
vchlist Voucher List Page: 1
0212212008 2:32:01PM Spokane Valley
Bank code : apb2mk - •
Voucher Date Vendor Invoicc PO # DescriptionlAccount Amount
13851 216/2008 000311 SPRIM' SPECTRUM, L.P. 0141276664-3 MONTHLY CELL PHONE USAGE 644.27
' Total : 844.27
13853 2/11/2008 001599 PWOENIX DEVELOPMENT Refund REFUND ON PERMIT 07-001587 550.00
Total : 550.00
13854 2111/2008 000779 SOUTHARD, BRAD 301255 41928 DEAD ANIMAL PICKUP SERVICES 500.00
Total : 500.00
13855 2/11/2008 001361 SPOKAldC C0. DISTRICT COURT Filing Fees FILING FEES: RCH LLCJGRIMM FAiI . 29.00• Total : 29.00
13$56 2/11/2008 000001 SPOK/1NE CO. TREASURER Filing Fees FILING FEES: REAL ESTIATE EXCIS 20.00
. Total : 20A0
13857 2111/2008 000658 SPOKANE CO SUPE1210R COURT Filing Fees FILING FEES: SURLOW 200.00
Total : 200.00
13859. 211212408 000660 SPOKANE CO DISTRICT COURT Filing Fees FILING FEES: UNPAID GAMBLING 1 106.00
, Total : 106.00
13864 2114/2008 000659 ASCE INL.l1ND EMI'IRE ' Registration STORMWAI'ER SEMINAR: W ALLEN 50.00
Total : 50.00
13865 2115/2008 000921 A TO Z RENTALS • 136334 MANLIFT REfdTAL: CP 181.57
Total : 191.57
13866 2/15/2008 040648 ABADAN REPROGRAPHICS & IMAGING 111573 PLANS/SPECS COPIES 1,449.42
111639 BOUND SPECS 827.66
111640 FULL S IZE PLANS 337.22
111723 - FULL SIZE PLANSISPECS 1.207.85
21052 41943 ABADAN BOND PAPER 130.02
. . • Total : 3,952_17
13867 2/15/2008 000197 AIR INC. 14075 PRE-EiUIPLOYAAENT SCREENINC 100.00
Total : 100.00
, • Page: 1
vchllst- Voucher List • Page: 2
02f22/2008 2:32:01 PM Spokane Valley `
Bank code : apbank
Voucher Date Vendor Invoice PO # QescriptionlAccount Amount
13868 2/15/2008 000150 ALLIED FIRE & SECURI7Y SVC313462 . SCRVICE CALL• CASH REGISTER 86.34
Total : 66.34
13869 2J15f2008 001081 ALSCO LSP0361502 ' MATS: PRECIIdC7 13.13
LSP0365332 MATS: CITY HALL 69.69
' Total : 82.82
13870 2/15/2008 000335 ALTON'S TIRE INC. 6-31538 SERVICE: 38098D 346_42
6-31631 TI RES: 40205D 823.57
6-31862 CREDIT CREDIT: 40205D -103.38
Total : 1,066.61
13871 2/152008 000674 APA 067348-071202 MEMBERSHIP: MCCLUNG 270.a0
100486-071202 MEMBERSHIP: KUHTA 352.00
. Total : 622.00
13872 2J15/2008 000334 ARGUS Jd1NITORIAL LLC IM/001284 JAN 2008 JANITORIAL SVC: PRECII 2,082.17
Total : 2,062.17
13873 2l15/2008 001012 ASSOCIA'TED BUSIPIESS SYSTEMS 195432 COPIES: MAILROOM 1,283.05
Total : 1,283.05
13874 211512008 000030 AVISTA UTILI7IES 090491047 UTILITIES: CP 8,048•93
Total: 8,048.93
13875 211512008 001545 BERNARDO WILLS ARCHITECTS, PC 2007-1209 41956 CITY HALL CON'1"F2ACT 07-018 21,551.65
Total : 21,551.65
13876 2115/2008 000148 BLUMENTHAL UNIFORMS & EQUIP 616313 41897 POLICE DEPT PATCHES 1,004.55
. Total : 1,004.55
13877 2/1512008 000101 CDW-G JHJ1395 41947 LCD MONITORS FOR NEW HIRES 2,696.70
Totai : 2,696.70
13878 2/1512008 000418 CLARK-PARSON, K/1REN ExpBnses DCPENSES REIMBURSED 23.28
' Total : 23.28
13879 2/15J2008 000109 COFFEE SYSTEMS INC 57515 COFFEE SERVICE: CITY HALL 313J9
PAnP; 2
~ o 0
vchlist VouCher L'ISt Page: 3
02/2212008 2:32:01PM Spokane Valley
eank code : apbank
Voucher Date Vendor Invoice PO # DescriptionlAccaunt Amount
13879 2l15/2008 000109 000109 COFFEE SYSTEMS INC (ConNnued) Totai : 313.79
13880 • 2115/2008 000606 COI.UMBIA FIBEf2 SOLUTIONS 1396 DARK FIBER LEASE 228.06
Total : 228.06
13881 2115f2008 001603 DEMPSEY, ROSE Ecpenses TRAVEL EXPENSES 489.16
Expenses TRAVEL IXPENSES 73.02
. Total : 562.18
13882 2l15/2008 000060 DENENNY, RICHARD Expenses TRAVEL EXPENSES 354.55
- Total : 354.55
13883 2/1512008 000152 DEPT OF TRANSPORTATION RE-313-AT680115066 Sl'ATE ROUTE ROADWAY MAINT. 16,419.95
Total : 16,419.95
13884 2/1512008 001593 DIRECT MAIL ENT INC 024753 BULK MAILING SVC: COMDEV 78.48
• Total : 78.48
13885 2N5/2008 00aa28 FARMERS 8 MERCHANTS 13ANK 1217 CC: AAERCIER 27.44
1852 . CC:1852 624.36
4484 CC: PASSMORE 844•92
5045 CC: DEVLEMING 101.17
5078 CC: NiUNSON 75.00
5169 CC: WILHITE • 42•98
, Total : 1,715.87
13886 2/15/2008 001232 FASTENAL CO. PURCHASING IDLEW51618 41924 BIANKET PO FOR MISC SM TOOLcl 14.06
Total: 14.06
13887 2/15/2008 000735 FREEDMAN TUNG BOTI'OMLEY 60452 SPRAGUEIAPPLEVWAY SUBAREA 1,068.93.
60453 SV LIBRARY MASTER PLAPI 2,308.89
- Total : 3,377.92
13888 2/15/2008 001009 GOTHMANN, WILLIAM H. Jan Expenses JAN 2008 7RAVEL EXPENSES 68.21
Total : 68.21
13889 2/1512008 0001302 , M& H BUSINESS SYSTEMS INC. 167839 DEC COPIES: PERMIT CTR 92.07
167875 JAN COPIES: HR 42.18
Page: 3
vchlis#1loucher List Page:4
02122120D8 2:32:01PM SpvkarieValRey .
Bank code : apbank .
Voucher Ua#e Vendor Invoice PO# QescriptivrrlAccount Amnunt
73a89 2115l24U8 000002 M 8e HBUSINE3S SYSTEMS INC. (Continued)
167876 DEC COPIES: FiR 47,89
1$7$9O DEG COPaES: PARKS 1,59D.39
167BB1 17EC COPIES' PARKS 164_92
187884 DEC COP IES; COUNGIL 87_82
167889 " DEC COPEES: ENG 49,54
167932 DEC COPIES' FIRI 527.96
167933 - DEC CQPIES: FIN 721,97
168259 COPIES: COMDEV 1,361,69
169260 COPCES: COMDEV 200_29
Total : 4,204.69
13890 2I1WflaB 000441 WONIE DEPO7 CF2EDIT SERVICES 407523$ PAINTINC Sl1PPLlE9' CP 20B_65
7028356 JANITORIAL SUPPLIES: CP 257.12
Tntal: 465,71
13891 211512008 000715 HSBC BU51hiESS SOLU71OfJS 04UB27 SNACK3: BLaG 77,75
Total : 71.75
13892 2J15120 09 000022 1NLANO BiJSIN E6S PRODUCTS, [rdC. 55709 EN7PLDYEE PHOTO ID ON CC} 156.88
55754 - PHOTO ID, T MARCHANT 23,89
. ' . Tatal: 990.77
73893 217512008 0011375 IidLAND NW KIDS DIRECTORY 429 41946 AD11ERTISING lN NW ICII?S DIRECT 400.00
Total: 40.00
13894 21151200$ 000786 K & rd EL.ECTR[C MDTORS, INC. (1086$77 41925 STORMWATER PUMP ELECTRIGAL 435.78
Tntal: _ 435.78
13$95 71151200$ 001439 K&L GATES, LOCKHAR7 PRESTQN CATI 1760520 PROFESSIONAL SERVlCES 3,232.00
. 7o#al : 3,232.04
13898 2115f2008 007602 KNUT50N, #{EN Expenses EXPENSES FOR SEMINAR 40.35
Total : 4U.3S
13$97 2J75l2008 009601 MAC 1NDUSTRIES 0006202-IN SERVICE CALL: PRECaNCrt 462.$4
"I`otal : 462.64
4
. vchlisti ' Voucher List Page: 5 0212212008 2:32:01PM Spokane Valley ;
Bank code : apbank
Voucher Date Vendor Invoice PO tt Description/Account Amount
13898 " 2115120Q8 0C0089 MERCIER, DAWID Expenses 7RAVEL EXPENSES 700.12
Expenses TRAVEL EXPENSES 321.35
• Total : 1,021.47
13899 211512008 000258 MICROFLEX INC. 00017591 . TAXTOOLS SOFIINARE RENTAL 341.95
Total : 341.95
13900 2115/2008 000132 MODERN ELECTRIC WATER CO 04500-01 COMM LIGHT: PINES/BROADWAY 122.68
04515-02 COMM LIGHT: BROADWAYMICOON 55.51
04553-01 COMM UGHT: 167H/PINES 115.18
0455fr01 COMM L1GHT: PINES/MISSION 127.53
04605-02 COMM LIGHT: 9118 E MISSION 49.9+1
04639-02 COMM LIGHT: 9122 E BROADWAY 51.87
• 04669-02 COMM LIGH7: 800 N UNIVEI2SITY 72.48
04691-02 COMM UGHT: 800 N BOWDISM 36.61
04745-02 COMAA LIGH7: SPRAGUE/FARR 90.44
04792-02 COMAA LIGHT: 11600 E SPRAGUE 75.24
04836-02 UTILITIES: SPRACUE/MULLAN 81.13
04966-02 STREEf LIGHTS: E 12112 SPRAGU 6,036.90
04971-01 COMM LIGHT 209.81
06811-02 COMM LIGHT 77.83
07099-02 ELECTRIC 79.64
07247-02 ELECTRIC 72.65
' 07750-02 ELECTRIC 39.81
07850-02 ELECTRIC 63.77
. 07861-02 COAAPA LIGHT 53.09
08297.02 ELECTRIC 78.54
09779-01 ' STREEf UGHT: 10618 CfTES SR27/ 244.00
09908-02 COMM LIGHT 98.54
. 09910-02 COMM LIGHT . 29.56
69911-02 COMM UGMT: 213 2ND & UNIVERSI 80.36
09963-02 ELECTRIC : E. 11123.5 MISSION X 35.62
10031-02 ' SECURITY LITE : 108 APPLEWAY & 12.20
10038-01 V'VATER 8 ELECTRIC: 10001 HERAL 48.00
10039-01 WATER: 9405 WILLOVN fSPRAGUE 29.80
10040-01 WATER; 8614 FARR & SPRAGUE 29.90
1 d041-01 WATER: 10112 DARTMOUTM / SPR. 29.80
Page: 5
vchlist Voucher List . Page: 6
0212212008 2:32:01PM Spokane Valley
Bank code : apbank _
Voucher Date Vendor Invoice PO # DescriptlonlAccount Amount
13940 2J1512008 000132 MODERN ELECTRIC WATER CO (Continued)
10042-01 WATER 8 ELEC: 1402 16TH & SAL7 22.60
10046-02 COMM LIGHT; 13102 MISSIOPJ & MC 54.18
10049-02 ELECTRIC XWALK BROADWAY SC 42.31
10176-01 WATER & ELEC: S 1607 PINES 22.60
Total : 6,369.63
13901 2J15/2008 000062 MUNSON, RICHARD Jan Expenses JAN 2008 TRAVEL EXPENSES 485.90
Total : 485.90
13902 2/1512008 000662 NAT'L BARRICADE & SIGN CO 58794 41927 BLANKET PO FOR MISC SM TOOLE 10.88
Total : 10.66
13903 2/15J2008 000911 NOTE, INGA Reimbursement REIMBURSEMENT: REF BOOK 89.80
Total: 89.60
13904 2/15/2008 000058 OCCUP/1TIOfdAL MEDICINE ASSOC. A500163 PRE-EMPLOYMEN7 SCREENING 130.00
Total : 130.00
13905 2/15i20Q8 000652 OFFICE DEPOT IP1C. 414329759-401 OFFICE SUPPLIES: CP 128.75
417231654-001 41940 OFFICE DEPOT - CARRIE ACOSTA 716.21
417231739-001 41940 OFFICE DEPOT - CARRIE ACOSTA 32.82
417329070-001 41941 . OFFICE DEPOT 90.26
. 417921004-001 41945 OFFICE DEPOT - KITCHEN SUPPUI 88.38
418618853-001 41948 OFFICE DEPOT • 149.06
' Total : 1,205.48
13906 2/1512008 000899 ONEEIGHTY NETWORKS 59897 . CORRECTED INVOICES: JAM-FEB : 2,021.87
Total : 2,021.87
13907 2115/2008 000494 PRO PEOPLE STAFFING SERVICES 28.168 STAFFING SERVICE: CP 588.00
_ Total : 566.00
13908 2/15/2008 000019 PURRFECT LOGOS, INC. 20741 ' EMBROIDERED JACKET: GUERRY 42.35
Total : 42.35
13869 2/15f2008 000322 QWEST 509-9244707 7406 PHONES: TERRACE VIEW PQOL 97.01
Paae: 6
_ _
,
O ~ .
vchlist Voucher List Page: 7
0212212008 2:32:011PM Spokane Valley .
Bank code: apbank '
Voucher Date Vendor Invoice PO # DescdptionlAccount Amount
13909 2l15/2008 000322 000322 QWEST (Continued) Total : 97.01
13910 2/15J2008 000256 RAINBOW ELECTRIC INC 122689 . WORK pONE IN SERVER ROOM 412.63 Total : 412.63
13911 2l15I2008 000675 RAMAX PRIfdTING & AWARDS 16236 fdAhAETAGS 10.32
. Total:~ ' 10.32
13912 2I15/2008 000064 SCHIAAMELS, GARY Expenses TRAVELEXPENSES
To ~ta
. , ~-24
13913 2/1512008 000172 SPOKANE CO. ENGINEER VLY0801 JAN 2008 ENGINEERING SERVICE; 484,176.57
Total: 494,176.57
13914 2/1512UO8 000668 SPOKANE CO. TREASURER, D.E. "SKIP" 45101.9067 UID: MIIZABFAU NiEADOWS •2,311.17
45101.9068 UID: MIRABEAU MEADOWS 799.68
Total : 3,110.83
13915 2/15/2008 000323 5POKAPJC CO. UTILITIES 0153641065364 UTILITIES: 13525 E 24TH AVE 281.96
016631/066631 UT1LfTIES: 1901 N SULLIVAN RD 42.75
0170221057022 UTILITIES: 105 N BALFOUR RD 132.45
024433/074433 UTILITIES: 906 N PARK RD 116.69
0271291077129 UTILITIES: 12710 E SPRAGUE AVE 71.62
031608I081608 UTILITIES: 11423 E MISSION AVE 283.42
0343541106428 UTILITIES: 606 S PARK RD 84.82
037059-109325 UTILITIES: 13504 E MIRABEAU PKY 81.13
' Q429031115953 UTILITIES:.CENTERPIACE 862.11
Total : 1,958.95
13916 2/1512008 000749 SPOKANE REGIONAL MEALTH DIST. 12312007 4TH QTR 2007 WATER: SULLIVAN ( 135.00
Total : 135.00
13917 2/15/2008 000065 STAPLES BUSINESS ADVANTAGE . 3094762282 CREDIT/PICKUP/RETURN -43•04
3097403868 OFFICE SUPPUES: COMDEV 380.44
Total : 337.40
13918 2115/2008 000063 TAYLOR, STEVE Expenses TRAVEL EXPENSES 19•04
• Page: 7
vchiist Voucher List Page: 8
0212212008 2:32:01PM Spokane Valley
8ank code : apbank
Voucher Datv Vendor Invoice PO # DescriptionlAccount Amount
13918 2/15/2008 000063 000063 TAYLOR, STEVE (C4ntinued) Total : 19.04
13919 , 2/15/2008 001024 UNITED REfdTALS, INC. 71401517-001 41831 13LANKET PO FOR AIIISC SM TOOLE 85_37
Total : 85.37
13920 2/15/2008 000167 VERA WATER & POWER 0001-031971.02 UTILITIES: EVERGREEN/MISSIOId 67.16
0001-032805.00 UTILITIES: 15008 E IWISSION 21.63
0018-031941.01 UTILITIES= 51.01
• 0018-032752.00 • UTILITIES: 1604 S ST CHARLES 20.71
0099-000005.00 STREET LIGMTS 1,714.40
• Total: 1,874.91
13921 2/15/2008 000964 VOLI' 17900443 STAFFING SERVICE: fT 878.63
17938351 STAFFING SERVICE: IT 643.50
Total : 1,822.13
13922 211512008 001600 WATOA 2008 Membership 2048 ANNUAL MEAABERSHIP DUES 100.00
Total : 100.00
13923 2h 5/2008 000255 WFOA ' 3306 2008 DUES: K THOMPSON 50.00
Total : 50.00
13924 2/1512008 000061 WILHITE, DIANA Jan Expenses JAN 2008 TRAVEL EXPENSES 422.91
' Total : 422.91
13925 2/15J2008 001230 WSASC, ATfN: ELIZABE7H SCHEID 2008 Membership 2008 MEMBERSHIP: PARSOfdS 40.00
' Total : 40.00
13926 2/1512008 000089 XO COMMUNICATIONS, INC. • 0221213481 INTERiJET1DATA IINES 1,662.69
' Total : 1,682.69
70 Vouchers for bank code : apbank Bank totsl : 599,409.24
70 Vouchers in this report Total vouchers : 599,409.24 •
8
0 0
ychlist' Voucher List Page: 9
0212212008 2:32:01PM , SRokane Valley
Bank code : apbank Voucher Date Vendor Invoice PO # Description/Account Amourtt
T, the underAigned, do certify under pen:xlty of pei;jury,
that thc materi-als have been furn.ished, the serviceR
rendered, or the ].abor perfurmed As deacribed bezei.n ' •
and that the claim is just, due and an unpaid .
obl,igation against thc City of Spolcanc Valley, and that
I am authori~ d to auL•henticate and certify sai.d claim. .
G ~ 2 ~-~-~8 -
. Finan r. llate
i ayor llate •
Council Member Date ' Page: 9
O 0
vchlist Voucher List Page: 1.
0310312008 12:44:24PM Spokane Valley . '
Bank code : apbank '
Voucher Date Vendor Invoice PO # DescriptionlAccount Amount
13671 1/14J2008 000120 AWC EMPLOYEE BENEFITS TRUST 12/16-12/31 PP ' DENTAL PIAN: PAYMENT (EMP+CC 81,106.79
, Total : 81,106.79
13927 2/19l2008 001263 DOORKNOB ENTERPRISE 07062800630542 40203D OIL CHANGE • 135.73
- Total : 135.73
13828 2l1912008 001284 DOORKNOB ENTERPRISE 2327 879553 03 CHEVY S10 132.89
Total : 132.89
13929 211912aU8 001264 DOORKNOB ENTERPRISE ' 879678 OIL CHANGE: 32810D 29.31
Total : 29.31
13930 2/19/2008 001264 DOORKNOB ENTERPRISE 879750 OIL CHANGE: 38904D 62.96
Total : 62.96
13931 2l19/2008 001284 DOORKNOB ENTERPRISE 780653 OIL SERVICE: 32809D 29.31
Total : 29.31
13932 2/22/2008 001606 BANNER BANK 4334 ' VISA: DEVLEMING . 0.51 •
Total : 0.51
13933 212212008 001606 BANNER BANK 4367 VISA: MUNSON 403.62
Total : 403.62
13934 2J22/2008 001603 DEMPSEY, ROSE Expenses . TRAVEL EXPENSES 261.94
• ' Tota) : 261.94
13935 2/22/2008 001606 OANNER 13ANK 4458 VISA: PASSMORE 2,362•65
• Total : 2,362.65
13936 2/22J2008 001606 BANPIER BANK 4391 VISA: MEI2CIER 56.45
• Total : 58.45
13937 212512008 001338 PASSMORE, SUSAN Mileage JAN 08: MILEAGE 19•19
• Totai : 19.19
13938 2/26/2008 000658 SPOKANE CO SUPERIOR COU12T, Filing Fees FILING FEES: CODE ENFORCEME~ 200.00
• Page; 1
vchiist Voucher List , Page: 2
0310312008 12:44:24PM Spokane Valley
Bank codo : apbank .
Voucher Date Vendor ' Invoice PO # DescriptionlAccount Amount
13938 212612008 000658 00065$ SPOKANE CO SUPF_RIOR COUR7 (Continued) . Total : 200.00
13939 2/26/2008 040658 SPOKANE CO SUPERIOR COURT Filing Fees FILING FEES: CODE ENFORCEME~ 200.00
• • Total : 200.00
13940 2/2612008 000658 SPOKANE CO SUPERIOR COURT Filing Fees ~ FILING FEES: CODE ENFORCEAAEN 200.00
. Total : 200.00
13941 2l2612008 000658 SPOKANE CO SUPERIOR COURT Filing Fees FILING FEES: CODE ENFORCEMEP 200.00
Total : 200.00
13942 2/26/2008 000658 SPOKANE CO SUPERIOR COURT Filing Fees FILING FEES: CODE ENFORCEMEI~ 200.00
. Total : 200.00
13943 2126/2008 001361 SPOKANE CO. DISTRICT COURT Filing Fees FILING FEES: CODE EPVFORCEAA0 29.00
Total : 29.00
13944 2126f2008 000129 WRPA Cert Fees CERTIFICATION: M JACKSON 30.00
Total : 30.00
13945 2/2712008 001607 CENTERPLATE B10020200002839 CWAMPIONS ROOM1,350.68
Total : 1,350.66
13946 2/27/2008 001608 CITY OF VANCOUVER 2008101 C7ED MEETING EXPENSES 570.00
Total : 570.00
13847 2127!2008 001609 CLARK CO COfWMISSIONER 2008102 CTED TRAVEL EXPGIJSES 352.00
Total : 352.00
13948 2/27/2008 001610 WINCHELL, SUSAN 2008104 ' DINNER FOR SPEAKERS 42.85
. Total: 42.85
13949 2127/2008 001611 BOUNDARY• REVIEW BOARD 2008103 SUPPLIES FOR CTED AAEETING 58.29
Total: 88.29
13950 2/2712008 001612 SPOKANE PUBUC FACILITIES DIST 08030 CHAMPIONS ROOM RENTAL 220.00
Total : 220.00
13951 2/2842008 001602 KNUTSON, KEN Mileage , MILEAGE REIMBURSED 8.93
Page: 2
_ _
~ ~ .
0
vchlist Voucher Llst , Page: 3
0310312008 12:44:24PM Spokane Valley
Bank code: apbank • •
Vouchcr Date Vendor Invoice PO # DescriptionlAccount Amount
13951 2/28f2008 001602 001602 KNUTSON, KEN (Continued) Total : 8.93
13952 2l2812008 000663 THE SEATTLE TIMES IIdC. 094228805 LEGAL AD: PW . 623.70
' Total : 623.70
13953 2129/2048 000658 SPOKANE CO SUPERIOR COURT Filing Fees FILING FEES: CODE ENFORCEME~ 200.00
Total : 200.00
13956 2r29/2008 000230 SPOKANE CO. AUDITORS OFFICE, REG Copies COPIES: VARIOUS LEGAL CASES 9.00
Total : 9.00
13957 3f3/2008 001534 ALL PRINT 10864 BUSIPIESS CARDSJNAME PLATES 247.39
Total : 247.39
13958 3/3J2008 000335 ALTON'STIRE INC. 6-32102 OIL CHAfdGE: 35517D 37.22
• Total : 37.22
13959 3/3f2008 000030 AVISTA UTILITIES 410069444 JAN 08: MASTER BILLING 24,319.94
410102159 U7ILITIES: BARKER/AAISSION 59.89
Total : 24,379.83
13960 3J312008 000841 BCI CREATIVE INC. 8518 WEB DESIGN UPDATES: CP 142_50
Total : 142.50
13961 313l2008 000109 COFFEE SYSTEMS INC 57514 COFFEE SERVICE: CP 142.87
Totai : 142.87
13962 313/2008 001377 COAABS, LISA Mileage _ FEB 2008: MILEAGE 15.66
Total : 15.66
13963 313J2008 001613 CONNOR, SHEILA Expensus QCPENSES: CD LEADCRSHIP TEAA 3,374.00
• Total : 3,374.00
13964 3J3f2008 000603 CONTRACl' DESIGN ASSOC., INC. 25257 41911 CUBICLES AND INSTALLATION 3R1 162,184.71
Total : 162,184.71
13965 3/312008 001603 DEMPSEY, ROSE Expenses TRAVEL EXPENSES 73.02
- Total : 73.02
Page: 3
vchlist Voucher List Page: 4
03103/2008 12:44:24PM Spokane Valley
. Bank c4de : apbank ,
Voucher Date Vendor Invoice PO # Description/Account Amount
13966 3l312008 000152 DEPT OF TRANSPORTATION RE-313-AT680212060 STATE ROUTE ROADWVAY MAINT 55,560.69
. Total : 55.560.68
13967 3/312008 000007 GRAINGER 9556575257 41825 BLANKET PO FOR MISC SMALL TO 43.40
9567603205 41925 BLANKET PO FOR MISC SMALL TO 77.91
Total: 121.31
13968 31312008 000259 HUMANIX INC. 164556 STAFFING SERVICE: CI' 462.47
Total : 462.47
13969 3J3f2008 000070 INLAND POWVER 8 LIGHT CO 94202-002 UTILITIES: FLORA/TRENT 40.14
94202-003 UTILITIES: TRN SIGNAL 63.89
94202-005 UTIUTIES: DISHMAN AAICAlSCHAFE 143.71
94202-006 - STREET LIGHTIfdG' 201.60 .
' Total : 449.34
13970 31312008 001155 KLUPIDTIWOSMER 11000 ALASKA AIR MAGAZiNE AD: CP 1,540.00
Total : 1,500.00
13971 31312008 000132 MODCRN ELECTRIC WATEI2 CO 04559-01 UTILfTIES: 11123 E MISSION AVE 87.25
• 04562-11 UTILfTIES: 11423 E AAISSION AVE 154.83
04732-01 UTILITIES: 100 N BALFOUR 42.46
08343-02 UTILITIES: 10700 E 4TH 91.38
09784-02 UTILfTIES: 12710 E SPRAGUE AVE 1,509.79
. ' Totel: 1,885.71
13972 313/2008 000662 NATL BARRICADE & SIGN CO 58872 41827 BIANKET PO FOR MISC SM TOOLcl 23.89
Total : 23.89
13973 3/3/2008 000036 OFFICE DEPOT CREOIT PLAN, DEPT 56. 966018447000 OFFICE SUPPLIES: FIN (YE1R-END 58.56
Total : 58.56
13974 3/312008 000494 PRO PEQPLE STAFFING SERVICES 28.294 STAFFING SCRVICE: CP 110.56
28.295 STAFFING SERVICE: CP 568.00
Total : 678.58
13975 313/2008 000341 RICOH AMEI2ICAS CORI' 08435843812 JAN 08 LEASE: 1060 412.88
Paae: 4
j- - -
, , . ~ .
i . •
0 0
vchlist VoUCher List Page: 5
0310312008 12:44:24PM Spokane Valley
. Bank code: apbank
Vouchcr Date Vcndor Invoice PO # DescriptionlAccount Amount
13975 3/3P2008 000341 RICOH AMERICAS CORP (Continued)* .
08035943812 . FEB 08 I_[ASE: 1060 412.68
' 08435843812 FEB 08 LEASE: 1060 412.68
08035943812 MAR 08 LEASE: 1080 412.68
08035951233 JAN 08 LEASE: 1232C 250.87
08035951233 _ FEB 08 LEASE: 1232C , 238.92
08035951233 AAAR 08 LEASE: 1232C 238.92 .
Total : 2,379.43
13976 302008 000709 SENSKE LAWN ~ TREE CARE INC. 2646693 CONTRACT MAINT: CENTENNIALT 1,977.28
• 2953083 CONTRACT MAINT: MIRABEAU PKl . 1,846:20
2958432 41908 SNOW REMOVAL AT VALLEY PREC 195.48
2958432 41906 SNOW REMOVAL AT VALLEY PRE( 54.30
419a6 •
. 2958436 41906 SNOW REMOVAL AT VALLEY PRE( 293.22
' 2956437 41906 SNOW 12EMOVAL AT VALLEY PRE( 38.01
• 2958440 41906 SNOW REAAOVAL AT VALLEY PRE( 38.01
2958447 41906 SNOW REMOVAL A7 VALLEY PRE( 38.01
' 2858448 41906 SNOW REMOVAL A7 VALLEY PRE( 38.01
2958456 41906 SNOW REMOVAL AT VALLEY PREC 54.30
2958457 41906 SNOW REMOVAL A7 VALLEY PRE( 54.30
2958458 41808 SNOW REMOVAL AT VALIEY PRE( 54.30
• 2958462 41906 SNOW ftEMOVAL AT VALLEY PREC 103.77
2955467 41906 SNOW REMOVAL AT VALLEY PRE( 103.17
2958472 - 41906 SNOW REMOVAL AT VALLEY PRE( 103.17
2967626 41906 SNOW REMOVAL AT VAILEY PREC 195.48
2967627 41906 SN01JV REMOVAL AT VALLEY PREC 38.01
' 2967628 41906 SNOW REMOVAL AT VALLEY PRE( 54.30
2869149 41906 SNOW REAAOVAL Al' VALLEY PRE( 38.01
• 2969150 41806 SNOW REMOVAL AT VALLEY PREC 103.17
2970412 41906 SP10W REMOVAL AT VALLEY PRE( 195.48
2970413 41906 SNO1N REMOVAL AT VALLEY PRE( 38.01
' 2970414 41906 SNOW REMOVAL AT VALLEY PRE( 54.30
2970415 41806 SNOW REMOVAL AT VALLEY PRE( 103.17
2970827 41906 SNOW REMOVAIL AT VALLEY PRE( 38.01
2970828 41906 SNOW REMOVAL AT VALLEY PRE( 54.30
. 2970829 41906 SNOW REMOVAL AT VALLEY PRE( 103.17
Page: 5
vchlist Voucher List Page: 6
0310312008 12:44:24PM Spokane Valiey .
Bank code : apbank Voucher . Date . Vendor Invoice PO # DcscriptionlAccount Amount
13976 31312008 000709 SENSKE IAWN 8 TREE CARE INC. (Continued)
2974606 41906 SNOW REAAOVAL AT VALLEY PREC 195.48
' 2974607 41808 SMOW REMOVAL AT VALLEY PREC 38.01
2974608 41806 SNOW REMOVAL AT VALLEY PREC 54.30
2981053 419D6 SNOW REMOVAL AT VALLEY PREC 195.48
2983333 CONTRACT MAINT: CENTERPIACE 50,795.38
2983373 CONTRACT MAINT: CENTENNIAL T 38.77
2983375 CONTRACT MIAINT: CP 995.99
Total : 58,319.75
13977 3J312008 001140 SPECIAL ASPHALT PRODUCTS INVC041391 41942 COLD MIX FOR POTHOLES 7,03728
' Total : 7,037.28
13978 3/312008 000172 SPOKANE CO. ENGINEER VLY0801 40937 PINESIMANSFIELD MOU W1TH COl 19,661.29
. Total : 19,661.29
13979 3/3J2008 000001 SPOKANE CO. TREASURER 41500528 JAN 08: WORK CREW 404.54
Total : 404.54 .
13980 3J312008 000311 SPRINT SPECTRUM, L.P. 0141276664-3 MOIdTHLY CELL PHONE USE 3,605.21
0602678198-7 WAP FOR LAPTOPS 516.90
Total : 4,122.11
13981 3/312008 000676 TWONISON WEST 815386633 JAN 08: LEGAL SUBSCRIPTION 514.42
Total : 514.42
13982 313/2008 000167 VERA WATER & POWER 0002-001425.01 UTILITIES: WALMART 183.29
0004-00U755.01 UTIUTIES: SPRAGUElADAMS 110.29
0005-016348.01 UTILITIES: 72•34
0006-033021.00 UTIUTIES:6TH/EVERGREEN • 21.63
0007-017753.01 UTILITIES: 601 S EVERGREEN 22.38
0008-010790.01 UTILITIES: BTFUSULLIVAPI 67.28
0011-010828.01 UTILITIES: 39.95
0012-004137.02 UTILITIES: 805 S EVERGREEN 65.18
O03Q-031942.01 UTILI71 ES: 48.03
Total : 630.37
55 Vouchers for bank code : apbank . Bank total : 433,502.72
Paae: 6 .
vchltst , Voucher List Page: T
03103/2008 12:44:24PM Spokane Valley ' Bank codo : apbank
Voucher Date Vondor Invoice PO # DescriptionlAccount Amount
55 Vouchers in this report , Total vouchers : 433,50272
I, fihe undexsigned, do certify under penalty of perjury, ,
that the materials have been furnished, the scrvices ' .
rendexed, or the laboz performed as described herei.n _
and that tho clai,m is juet, due and an unpaid ;
ob]igation againFit the City o£ Spokane Valloy, and that
I am authorized to uthenticate Etnd certify said cl.aim. • .
G Finance tox Date
~yer ai:e
Cnuncil iVTemher 1~ate
. Page: 7 '
vchlist Voucher List Pego: 1
0311012008 10:34:46AINI Spokane Valley
Bank corlo : apbank
Voucher Date Vendor Invoice PO # DescriptionJAccount Amount
13990 314/2008 000193 NORTHWEST CHRISTIAId SCHOOL INC 02292008 MAR 2008 RENT 35,608.10
- Total : 35,608.10
13992 3/612008 001615 RIVER ROSE MHP, LlC 55071.6001 BARKER RD LAND PURCHASE 1,372.00
Total : 1,372.00
13994 3/10/2008 004598 AIR FILTER SALES NVtI, INC. 47978 FILTERS: CP . 221.22
Total : 221.22
13995 3l10/2008 000150 ALLIED FIRE & SECURITY SVC313256 ' IIdSTALL CASH DRAWER: RECEP71 . 346.45
Total : 346.45
13896 311012008 001545 BERNARDO WILLS ARCNI'I"ECTS, PC 2008-1348 41956 CITY HALL CONTRACT 07-018 10,805.30
Total : 10,605.30
13997 3/10/2008 000918 BLUE RIBBON LINEN SUPPLY, INC. 8878453 LINEN SERVICE: CP 381.90
. Total : 381.90
13998 3/10/2008 001616 CITIZENS F012 GRE/1TER SPOKANE Rafund REFUND DAMAGE DEPOSIT 200.00
Total : 200.00
13989 311012008 000109 COFFEE SYSTEMS INC 57895 COFFEE SERVICE: CITY HALL 191.58
Total: 191.58
14000 3l10J2008 000328 CONSOLIDATED IRRIGATION D1ST 06377.0 UTILITIES: 2426 N DISCOVERY PL 48.91
06377_0 U7ILITIES: 2428 N DISCOVERY PL 51.28
Total : 100.19
14001 3J10/2008 000693 DEPT OF 1NFORAMTIOfV SERVICES 2008010212 41909 AUTOCAD RENEWALS 3,630.54
2008010212 MASTER UCENSE BILLING 22.38
. Total : 3.652.92
14002 3J10/2008 000912 DEX MEDIA WEST 200353924 ONGOING ADVERTISING: CP 440.98
Total : 440.98
14003 3I1012008 001557 EWVU 102-363 41880 PROFESSIOfdAL SURVEY FOR UNI' 4,917.04
Page: 1
vchlist Voucher List Page: 2
0311012008 10:34:46AM Spokane Valley
Bank code : apbank
Voucher Date Vendor Invoice - PO # DescripUoNAccount Amount
14043 3110/2008 001557 001557 EWU ' (Continued) • Total: , 4,917.04
14004 - 3110/2008 000106 FEDEX 2-552-79362 SHIPPING CHARGES 144.62
Total : 144.62
14005 3l1012008 000287 FRIENDS OF THE Refund . REFUND DAMAGE DEPOSIT 330.00
Total : 330.00
14006 3/10/2008 000011 GREATEF2 SPOKANE VALLEY 20Q447 2008 DIRECTORY AD: CP 275.00
Total : 275.00
14407 '311012006 000002 H 8 H BUSINESS SYSTEMS INC. 188773 JAN COPIES: HR 39.10
168774 JAN COPIES: HR 18.84
168784 JAN COPIES: PARKS 220.00
168785 JMN COPIES: PARKS 36•35
168788 JAfd COPIES: COUNCIL 47•71
168796 JAN COPIES: ENGINEERS 30.48
168832 JAN COPIES: FIIdA1dCE 17525
' • 168833 JAN COPIES: FlNANCE 77.04
Total : 644.77
14008 3110/2008 001568 ISSA Refund REFUfdD DAMAGE DEPOSIT 50.00
Total : 50.00
14009 3J10/2008 001439 K&L GATGS LOCKHAR7 1769276 C17Y CENTER PROJEC7 1,549•00
Total : • 1,549.00
14010 3/10/2008 001155 KLUNDTIHOSMER 11041 2008 VISITOR'S GUIDE 330.00
, Total : 330.00
14011 3/1012048 001533 LEVIJRAD DEVELOPHfIEN7. Refund FILE NO. REZ-16-07/SU6-04-07 1,650.00
Refund FILE (d0. REZ-18-07 1,650.00
Total: 3,300.00 -
14012 3/1012008 001620 P/ICCORMICK, LYNICE Refund ' PARENTS NIGHT OUT CLASS 18.00 ,
Total : 18.00
14013 3/1012008 001035 NETWORK DESIGN & AAANAGEMEN7 15724 41934 SV'VITCHES FOR PW PJIOVE TO 3RC 4,575.21
. Paae: 2
` . ' ' , i• ,
~ 0
vchlist VOUCheI' LISt ' Page: 3
0311012008 10:34:46AM Spokane Valley
Bank ccde : apbank Voucher Date Vendor ' Invoice PO # DescriptionlAccount Amount ,
14413 311012048 001035 NETWORK DESIGN ~ MANAGEMENT (Continucd)
15788 SERVER AAAINTENANCE 2,787.50
15772 SERVICE .942.50
15778 QUARTERLY MAINTENAIdCE 1,047.00
15809 SERVER PJrAINTENANCE 3,853.86
Total : 13,206.07
14014 3/10/2008 000652 OFFICE DEPOT INC. 416979531-001 SUPPLIES: FIN 184.66 '
416991712-001 SUPPLIES: FIN 14.09
417159501-001 SUPPLIES: Fifd 15.59
417160004-001 SUPPLIES: FIN 16.17
417162456-001 SUPPLIES: FIN 5.01
417162655-401 SUPPLIES: FIN 626
417165073-001 COPY PAPER 1,415.54
417351665-001 SUPPLIES: FIN • 16.18
417783125-001 CREDIT MEAAO . -5.01
• 417783130-001 SUPPUES: FIN 5.01
' 418488750-001 SUPPLIES: FIN 9.37
• 418821360-001 SUPPLIES: FIN 36.39
419785890-001 SUPPLIES: FIN 4.34
421057834001 SUPPLIES: FIN 34.63
Total : 1,758.23
14015 3110/2008 000041 PROTHMAN COMPANY 200&1585 • RECRUITING FEE 1: PARKS DIREC' 2,833.33
. 2008-1614 RECRUITING FEE 2: PARKS DIREC 2,833.33
, Total : 5,668.66
14016 3110/2008 040322 QWESI' • 509-921-6787 5118 PHONES: MIRABFJAU MEADOWS 42.92
509-922-7091 0608 PHONES: MISSIOPI POOL 97.01 509-926-1840 1948 PHONES: PARK RD POOL 97.01
Total : 236.94
14017 3/1012008. 001617 SI'OKANE LAW ENFORCEMEN7 CU Refund REFUND DAMAGE DEPOSIT 233.00
Total : 233.00
14018 3/10/2008 000939 SPRAGUE & SULLIVAN MINISTORAGE 38236 • MAR 08 RENT: 1L46 123.00
• Total : 123.00
Page: 3
vchtist Voucher List Pa9Q: a
0311012008 10:34:46AM SRokane Valley
Bank code : apbank.
Voucher Date Vendor • Invoicc PO # DescriptionlAccount Amount
14019 3110/2008 000273 SRTC 12312007 BALANCE ON 08 REMIT REVENUE 15,000.00
Total : 15,000.00
14020 3110f2008 001250 SYTE NEl' SERVICCS 6078 41938 CABLING OF SUITE 304 - PW MOVE 6,279.25
Total : 6,279.25
14021 3J10/2008 001619 TORRES, LYNEI7E Refund REFUND DAMAGE DEPOSIT 214.75
Total : 214.75
14022 3/1012008 001618 VIKING CONSTRUCTION Refund PROJECT NO. 07-4590 2,912.93
Total : 2,91293
14023 3110/2048 000038 WASTE MANAGEMENT OF SPOKANE 0039781-2681-5 WEEKLY TRASH SVC: CP 132.42
' 2090613-2881-2 - WEEKLY TRASH SVC: CP 316.48 •
Total : 448.90
32 Vouchers for bank code : apbank Bank total : 110,958.60
32 Vouchers in this report Total vouchers : 110,858.80
I, thc undersi.gned, do ct;rl:ify under penalty of perjury, that the materials have been furnished, the services .
rendered, or the labor por£ormed a$ described herein
and that the claim is just, due and an unpaid
qbligataon againAt the City of SpokanE Valley, and'that ' I am authorized aut•henticate and certify $aici clza.m.
Fi Date
~ ~ 60j' '
M yor ^ Date _
Cottncil 1Vlember Date - Paae: 4
, . . . . .
~ f . . •
0 . 0
vchlist Voucher List ' Page: 103124/2008 11:00:46AM Spokane Valley Bank codo : apbank . .
Voucher Date Vendor Involce PO # DescriptlonJAccount Amount
14024 3/12/2008 000658 SPOK/1NE CO SUPERIOR COURT Filing Faes FILING FEES: COOE ENFORCEAAEN 200.00 '
Total : 200.00
14025 3/1212008 000658 SPOKANE CO SUPERIOR COURT Certified Copies CERTIFIED COPIES OF JUDGEMEh 10.00 "
Total : 10.00
14026 311212008 000230 SPOKANE CO AUDITORS OFFICE Recording Fees RECORDING JUDGMENT SUMMAR 84.00
Total : 84.00
14027 3/1212008 001606 BANNER BANK 4383 VISA: WILHITE 539.54
Total : 839.54
14028 3/12/2008 001606 BANNER BANK 4474 V1SA: THOMPSON 9.50
Total : 9.50
14029 3/12/2008 001606 BANNER BANK . 4466 VISA: GRIFFITH 831.70
Total : 831.70
14030 3114/2008 001606 BANIdER BANK 4375 VISA: SCHIAA{UIELS 1,826.74
Total : 1,826.74
14031 3/14/2008 001606 BANNER BANK 4359 VISA: TAYLOR 1,270.91
, Total : 1,270.91
14032 3114J2008 000779 SOUTHARD, BRAD 301258 41928 FEB ROADKILL REMOVAL 1,875.00
. Total : 1,875.00
14033 3/14/2008 001606 BANNER BANK 1829 MC: CARD 1 • 2,054.00
• Total : 2,054.00
14434 3114/20U8 001606 BANNER BANK 4433 VISA: CARD 1 . 286.50
Total : 286.50
14435 3M4/2008 001608 BANNER BANK 1852 MC: CARD 4 • 624.36
Total : 624.36
14036 3/14/2008 001606 BANNER BANK 4441 VISA: CARD4 911_15
Page: 1
vchlist Voucher List . Pa9e: 2
03124I2008 11:00:46AM Spflkane Valley
Bank code : apbank Voucher Date Vendor Invoice PO # DescripdonlAccount Amount
14036 3/14/2008 001606 001608 BANNER BANK (Continued) Total : 911.15
14037 3117/2008 000686 DEPT OF LICENSING 5047 GENERAL LEDGER RECEIPTS 28.00
Total : • 28.00
14038 3117/2008 001606 BANNER BAPVK 4474 VISA: THOMPSON 77.97
Total:. 77.97
14039 31172008 000278 DRISKELL, CARY Mileage MILEAGE: JAN-FEB 61.70
Total: 61.70 '
14040 3117f2008 000278 DRISKELL, CARY Expenses, TRAVEL E)(PENSES: FEB 08 115.86
Total : 115.86
14041 3117/2008 000658 SPOKANE CO SUPERIOR COUR7 Filing Fees FILING FEES: CODE ENFORCEMEIS 200.00
Total: 200.00
14042 3/18/200B 000069 MERCIER, DAVID MAR 08 AUTO ALLOWANCE: MAR 08 400.00
• Total : 400.00
14448 3/21/2048 000001 SPOKANE C0. TREASURER Feb 08 FEB 08 SERVICES 1,360,631.63
• Total : 1.360,631.83
14049 3J24/2008 000848 ABADAN REPROGRAPHIGS & IMAGING 21272 41992 ABADAN OFFICE SUPPLIES 331.81
• - Total : 331.81
14050 3/2412008 001534 ALL PRINT , 10994 BUSINESS CARDSlNAME PLATES 325.47
Total : 325.47
14051 3l241200B 001081 ALSCO LSP0369157 MATS: PRECINC7 14.06
LSP0373045 MATS: Cf1Y HALL 68.73
. . Total: 82.79
14052 3124/2008 000335 ALTON'S TIRE INC. 6-32328 OIL CHANGE: 40201 D 33.99
6-32581 OIL CMANGE; 531RJZ 29•87
Total : 63.66
14053 3/24f2008 000277 ASSOC. OF WA CITIES Regislretion 41952 MANAGING PROJECT RISK: ALDW( 185.00
P:anA; 2
vchtist Voucher List Pege: 3
03124/2008 11:00:46AM Spokane Valley
Bank codc : apbank
Voucher Date Vendor Invoicc PO 0 QescriptionlAccount Amount
14053 3/24/2006 000277 ASSOC. OF WA CITIES . (Continued) '
Regislration 41952 MANAGING PROJECT RISK: KP1UT; 185.00
41952
Registration 41952 MANAGING PROJECT RISK: WORL 185.00
41952
Total : 555.00
14054 3124/2008 001628 ATD YELLOW PAGES 1055171 JAN 2008 EDITION 594.00
. • Total: 594.00
14455 3124/2008 000030 AVISTA UTILITIES • 090091047 UTILI7IES: CP 8,251.94
410069444 FEB 08: MASTER BILLING 20,469.19
410102159 UTILITIES: BARKER/MISSION SGldl 58.46
Total : 28,779.59
14056 3/24/2008 000271 BAINBRIDGE, CHRISTINE Expenses TRAVEL EXPENSES 6.92
Total : 6.92
14057 3/24/2008 001409. BEST LINE PROF ANSER SVC 053102212008 AUTO ANSWERING SERVICE CP 20.00
Total : 20.00
14058 3124/2808 000173 BINGAMAN, GREG Cell Allowance ' 1 Sl' QTR 20U8 CELI ALLOWANCE 105.00
' Total : 105.00
14059 3l24/2008 000148 BLUMENTHAL UNIFORMS 8 EQUIP 654348 41973 POUCE DEPT PATCHES 4.34
654787 41973 EMBLEM CHANGE: COSV POLICE 8.69
655306 , 41973 EMBLEM CHANGE: COSV POLICE 13.03
, Total : 28.06
14060 3124/2008 000904 BRANCM, CAROLBELLE Expenses TRAVEL F,CPENSES 108.21
Total : 108.21
14061 3124/2008 000673 BUDGEf ARSOR 8 LOGGING LLC 08-511 41982 TREE REMOVAL: 515 GRANITE RD 488.70
Total : 488.70
14062 3/24/2008 000572 CARTER, CAROL Expenses REIMBURSEMENT FOR EXPENSES 26.89
Total : 26.99
. ' Page: 3
vchlist Voucher List . • Page: 4
0312412008 11:00:46AM ' Spokane Valloy
Bank code : apbank , -
Voucher Date Vendor Invoice PO # DescriptioNAccount Amount
14063 312412008 000571 CODE PUBLISHING COMPANY 30055 ELECTRONIC UPDATE: UDC 8,745.76
- Total : 8,745.76
14064 3J2412008 000109 COFFEE SYSTEMS INC 57891 COFFEE SERVICE: CP 83.45
58117 COFFEE SERVICE: CP 80.99
Total : 164.44
14065 3J24/2008 001148 COLUN'IBIA I'AIIdT & COATIPIGS CO 827704/F PAINT SUPPUES: CP 68.20
Total• : 69.20
14066 312412008 001377 COMBS, LISA Facpenses TRAVEL EXPENSES 52.13 Total : 52.13
14067 3l2412008 000508 CONOCOPHILLIPS FLEET 87'0166725802 MONTHLY FUEL CHARGES 2,550.43
Total : 2,550.43
14068 3124/2008 000035 CORPORATE EXPRESS 85374477 41962 . KITCHEN SUPPLIES 406.77
Total : 406.77
14069 3124/2008 001157 COUNTRY HOMES POWER EQUIPMEPIT 53273 41980 STIHL WEED EATERS 1,429.18
Total : 1,429.18
14070 ' 3/24/2008 001603 DEMPSEY, ROSE CQII Aflowance 1 ST OTR 2008 CELL ALLOV'VANCE 135.00
• Total : 135.00
14071 3l2412006 000060 DENENNY, RICWARD Cell Aflowance 1ST QTR 2008 CELL ALLOWANCE 135.00
Total : 135.00
14072 ' 3/24/2009 001280 DEPT OF LICEfdSING 00001153 4TH QTR 2007: AALS CREDIT CARD 205.82
00001153 3RD QTR 2007: MLS CREDIT CARD 138.72
Total : 345.54
14073 312412008 000999 EASTERN WA AlTORNEY SVC, INC 11440 ' SERVICE ON: ROYER 40.00
Total : 40.00
14074 3/24/2008 001628 FRANKLIN ELEPA APPLE PROGRAPA Refund REFUND DAMAGE DEPOSIT . 168.75
. Total: 166.75 . Page: 4
~ o 0
vchlist Voucher List Rage: 5
0312412008 11:00:46AM Spokane Valley
Bank code : apbank Voucher • Date Vendor Invoice PO # Description/AccouM Amount
14075 3124/2006 001447 FREE PRESS I'UBUSHING INC 29985 LCGAL AD: CITY CLERK 29.75
29986 " LEGAL AD: PLANNING 108.65
30014 LEGALAD: PLANNING 81.60
30015 LEGAL AD: PLANNING 5525
30016 . LEGAL AD: CITY CLERK 25.00
30017 LEGAL AD: PLANNING 53.55
- 30035 LEGAL AD: CI1Y CLERK 30.40
30036 LEGML AA: PLANNING 58:10
30037 LEGAL AD: CITY CLERK 79.05
• 30038 IEGAL AD: CITY CLERK 84.15
30039 LEG/dLAD: PLANNING 65.45 ,
30040 LEGAL AD: PLANNING 198.05
30066 LEGAL AD: C(TY CLERK 38.40
30070 LEGALAD: PLANNING 81.20
30103 LEGAL AD: PLANNING 62.10
' Total : 1,029.70
14076 3J2412008 000179 GFO/a 0031552 MEMBERSHIP REPIEWAL 615.00
Total : 615.00
14077 3124I2008 001009 GOTHMANN, WILLIAM H. Cell Allrn+rance 1ST QTR 2008 CELL ALLOWANCE . 135.00
• • Total: 135.00
14078 312412008 000258 HUMANIX INC. 164656 STAFFING SERVICE: CP 573.60
164847 STAFFING SVC: CP 795.87
Total : 1,369.47
14079 3/24J2008 000070 INLAND POWER & UGNT CO 94202-002 • FEB Oa: SGNL UGHT 45.98
94202-003 FEB 08: TRN SGN 67.21
94202-005 FEB 08: UTILITIES 132.63
94202-006 FEB 08: STREET UGHTS 201 _60
Total : 447.42
14080 3124/2008 000632 INTL CODE COUNCIL: tu9EMBERSHIP 07-5279813 ICC MEMBERSHIP: MK MARTIPI 180.00
. Total : 180.00
14081 3/24/2008 000388 IRVIfd WATER DIST. #6 112500.0 UTILITIES: 13504 E MIRABEAU PKV 168.00
Psge: 5
vchlist VouCher List Page: 6
0312412008 11:00:46AM Spokane Valley
Bank code : apbank
Voucher Date Vendor Involce PO # Description/Account A,mount
14081 3J24I2008 000388 O00388 IRV1N WATER DIST. #6 (Continued) Total : 166.00
14082 3124f2008 001623 KEEBLE, KAREN Rafund REFUIdD DAMAGE I]EPOSIT 50.00
Total : 50.00
14083 3124/2008 000275 KERSTEPI, NEIL Facpenses FURNITURE REIAABURSEMENT 107.51
Total : 107.51
14084 3f24J2008 000069 MERCIGR, DAVID Cell Allowanoe 1 ST QTR 2048 CELL ALLOWAIdCE 135.00
. ' Total : . 135.00
14085 312412008 000132 MODERN ELECTRIC WATER CO 068911-02 FEB 08: UTILITIES 70.61
-04500-01 FEB 08: UTILITIES 99.75
04515-02 FEB 08: IJTILfTIES 51.38
04553-01 FEB 08: UTILITIES 85.21
04556-01 FEB OB: UTILITIES 103.39
04559-01 FEB 08: UTILfTIES 174.50
04562-11 FEB 08: UTILITIES 135.00
04605-02 FEB U8: UTIUTIES 46.25
04639-02 . FEB 08: UTILITIES 43•77
04691-02 FEB 08: UT1LfTIES 32.53
04732-01 FEB 08: UTILITIES 64.86
04745-02 FEB 08: U71LIT1ES 73•97 .
04792-02 FEB 08: UTILITIES 69.06
04836-02 FEB 08: UTILITIES 64.49 '
04966_02 FEB Ue: ELECTRIC 6,036.90
04971-01 FEB 08: UTILTIES 162.29
06811-02 FEB 08: Ui1LfTIES 71•32
07099-02 FEB 08: UTILITIES 71.82
07247-02 FEB 08: UTILITIES 67.63
07750-02 FEB OS: ELECTRIC 38.16
0785¢.02 ' FEB 08: ELECTRIC 57.66
07861-02 • FEff 08: UTILITIES 44.82
08297-02 FEB 08: UTILITIES • 63•72
08343-02 FEB OS: UT1LfTIES 77.88
09779-01 FEB 08: UTILITIES 244.00
09784_02 FEB 08: UTIUIIES 1,199.83
09909-02 FEF3 08: UTILITIES 84•66
PAae: f)
. i .
r
~ ~ ~
- ~ .
vchlist Voucher L'ist Page: T
0312412008 11:00:46AM Spokane Valley .
Bank code : apbank "
Voucher Date Vendor Invoice RO # DescriptionlAccount Amount
14085 3124/2008 000132 MODERN ELECTRIC WATER CO (Corfinuod)
09910-02 FED 08: UTILITIES 27.633
- 09963-02 FEB 08: UTILITIES 32.81
10038-01 FE9 08: UTILITIES 48.00
10039-01 FEB 08: UTILITIES 29.80
10040-01 FEB 08: U'TILITIES 29.80
. 10041-01 FEB 08: UTILI7IES 29.80
10042-01 • FEB 08: UTILITIES 22,60
• 10046-02 FEB 08: UTILITIES 50.22
10049-02 FEI3 08: UfILITIES 41.26
- Total : 9,667.38
14086 3/2412008 000132 MODERN ELECTRIC WA7ER CO 10031-02 FEB 08: UTILtTIES 12,20
10176-01 FEB 08: UTILITIES 72-60
Total : 34.80
14087 3/24/2008 000062 MUNSON, RICHARD Cell Aflowance 1ST QTR 2008 CELL ALLOWANCE 135.00
Total : 135.00
14088 3/24/2008 001597 NUMERA SOFTWARG INC. 364787 41950 NUMARA 7RACKIT 8.0 4,312.78
. Total : 4,312.78
14089 3/24/2008 001630 NW FAIR HOUSING ALLIANCE Registration FAIR HOUSING CONF 2008: DEMP: 25.00
, • Total : 25.00 .
14090 3/2412008 000652 OFFICE DEPOT INC. 418391715-001 CHAIR: CP 161.12
420D44346-001 OFFICE SUPPLIES: CP 72.06
Totel : 233.18
14091 3124/2008 000997 OTIS ELEVATOR COMPAIdY SR04008348 SERVICE CONTRAC7: CP 1,620.65
Total : 1,620.65
=4409 2 ' e9412nA8~99?~'-' on~nr - °,.^.giBtPBEIOR-~,0~~' PfF'v"'Q-^v^vNFERC-{dGE!-HfkRid . 0
Regiatmtiet-v ~ 1~l1W-GQN9E445N6~-14dWTA ".r-_
• Total : 390A8
14093 3/24/2008 -000494 PRO PEOPLE STAFFING SERVICES 28.48$ STIAFFING SERVICE: CI' 568.00
28.642 STAFFING SERVICE: CP 619.98
• Page: 7
vchtist Voucher List Pa9Q: 8
0312412008 11:00:46AM Spokane Valley
Bank code : apbank
Voucher Date Vendor Involce PO # Description/Account Amount
14093 3/24/2008 000494 Oa0494 PRO PEOPLE S7AFFING SERVICES (Continued) Total : 1,167.98
14094 3124/2008 004322 QWEST 509-824-4707 7408 Ll1NDLINES: TERRACE VIEW I'OOl 97.01
Total : 97.01
14095 3J2412008 001317 RICOH AMERICAS CORP 500959495 41937 MULTIFUNCITON RICOH 3500SPF - 9,738.75
_ Total : 9,736.75
14086 3124J2008 000415 ROSAUERS U-CITY INC. 657644 • PARENTS NIGHT OUT SNACKS 45.60
Total : 45.60
14097 3J2412008 000064 SCHIMMELS, GARY Cell Ailawance 1ST QTR 2008 CELL ALLOWANCE 135.00
Total : 135.00
14098 3f24/2008 000935 SERVICE P/1PER COMPANY 304210a8 JANITORIAL SUPPLIES: CP 111.94
Total : 111.94
14088 3124/2008 000733 SOFTVWARE HOUSE INTERNATIONAL 24225 41961 lhAACAFEE ACTIVE DEFENSE RENE 1,489.75
Total : 1,489.75
14100 3124/2008 004230 SPOKANE CO AUDI70RS OFFICE 0008371 RECORDINGJFILING FEES 151.00 •
0008622 RECORDING/FILING FEES 298.00
0009550 RECORDINGIFILING FEES 486.00
0009757 RECORDING/FILING FEES 296.00
0010081 RECORDINGlFILING FEES 49.00
0010201 RECORDINGIFIUNG FEGS 94.00
0010487 RECORDING/FILING FEES 47.00
Total : 1,421.00
14101 3124l2008 000172 SPOKANE CO. ENGINEER VLY0802 ENGWEERING SERVICES: FEB 08 512,778.58
Total : 512,776.58
14102' 3/2412008 OOOOUI SPOKANE CO. TREASURER 41500517 JAN 08: GEIGER HOUSING 21,872.00
41500544 ' FEB 08: WORK CRE1N 2,336.86
41500554 FEB 08: GEIGER STANDARD HOUS 21,872;00
Total : 46,080.66
14103 3/2412008 000323 SPOKANE C0. UTILfTIES 027129-077129 FEB 08: SEWER/5W 57•34
PaaQ: 8
: . ~ .
_ . . . ~ .i
. 0 0.
vchlist VouChet List Page: 9 •
0312412008 11:00:46AM ' Spokane Valley
eank codc : apbank
Voucher Date Vendor Invoice PO # Description/Account Amount
14103 312412008 000323 SPOKANE CO. UTILITIES (Cantinued)
031608-U816U8 FEB 08: SEWER/SW 260.87
042903-115953 FEB 08: SEVWER/SW 956.94 Total : 1,275.25
14104 3124l2008 000406 SPOPCAIfdE REGIONAL C1JB 11918. , ADVERTISING: CP 750.00
' Total : 750.00
14105 312412008 001083 Sl'ANDARD PLBG HEATIPJG CONTROLS 24501 41991 JAN M,AIN7ENANCE: PRECINCT 491.42
Total : 491.42
14106 312412008 000065 STAPLES BUSINESS ADVAN7AGE 3498320086 OFFICE SUPPUES: BLDG 236.09
3098320069 OFFICE SUPPLIES: BLDG 84.11 '
3098320070. OFFICE SUPPUES: BLDG 2.62
3499165597 OFFICE SUPPLIES: CD 534.01
• Total : 856.83
14107 3/2412008 000211 S7ATE 7REASURER OQ44946 NOTARY RENEWAL DRISKELL 30.00
Total : 30.00
14108 3/2412008 001627 S7CU Refund REFUND DAMAGE DEPOSIT 93.00
Tatal : 93.00
14109 3/242008 000063 TAYLOR, STEVE Cefl Allrnvance 1 ST QTR 2008 CELL ALLOWANCE 135.00
' Total : 135.00
14110 3/2412008 001464 TIAAE WARfdER TELECOM 02023923 CEfdTERPLACE INTERNET 886.00
Total : 886.00
14191 31241'2008 000468 •TRFINSOFT SOLUTIONS IPJC. 36423 41 958 7RANSOFT SOLU710NS AUTOTURI 620.00
' Total : 620.00
14112 3/241'20U8 001077 V.W. SERVICES, INC. 9551 REPAIRS: 389U8D 49.13
~ Total : 49.13
14113 3/24/2008 000167 VERA WATER & POWE12 • 0001-031971.02 ~ FEB 08: UTILITIES 68.80
0001-032805.00 FEB 08: U71LI71ES 21.63
' 0002-001425.01 F[B 08: UTILITIES 164.77
Page: 9
vchtist Voucher List Page: 10 03I2412008 11:00:46AM Spokane Valley
Bank code : apbank Voucher Date Vendor Invoice PO # DescriptionlAccount Amount
14113 3/2412008 000167 VERA WATER & POWER (Continued)
0018-031941.01 FEB 08: UTILITIES 63.62
. 0018-032752A1) FEB 08: UTIUTIES 22.96
' Total : 341.18 .
14114 3124J2048 000964 VOLT 18059595 STAFFING SERVICE: IT 817.54
' Total: 617.54
14115 3f2412008 00003$ WASI'E MANAGEMENT OF SPOKAfdE 2089797-2681-6 WEEKLY TRASH SVC: PRECINCT 265.41
Total: 265.41
14116 3f2412008 000061 WILHITE, DI/1NA CQII Allovrance , 1 ST G1TR 2008 CELL ALLOWANCE 135.00
Total : 135.00
14117 3124/2008 000667 WSDOT, ENGWEERING PUBLICATIONS Registration 41966 CONTRACT SPEC: C ALDWORTH 75.00
Registration 41966. COMTRnCT SPEC: P FISCH 75.00
41966
Total : 150.00
89 Vouchers for bank code : apb2nk Bank total : 2,016,431.76
89 Vouchcrs in this report Total vouchers : 2,018,431.76
I, the undereigned, do certi£y under penalty of perjtry, .
that the naateriale havc been furrushed, i:he services
rendered, or the labor performed as described herein and that the cLAim is just, due and an unpaid obligation against the City of Spokane Valley, And that
T. am authorized to auChenticate and cerGify said claim.
Fi.nancc Dixeetor 17atc
1Vlayor Date
10
Coun ~ mber Date PAne.
~
' . . • . . _ .
, CITY OF SPOKAIdE VALLEY
Request for Council Action
Meeting Date: April 8, 2008 City Manager Sign-off:
Item: Check all that apply: ❑ consent [K old business ❑ new business ❑ public hearing
❑ information ❑ admin. report ❑ pending legislation
AGENDA ITEM T1TLE: Second Reading Proposed ordinance 08-005. .
This ordinance modifies section 22.150 Stormwater Management Regulations of the Spokane Valley
Uniform Development Code, adopts new stormw+ater regulations, clarifies language, provides for
severability and effective date and includes minor modific,ations to the glossary. GOVERNING LEGISLATION: NPDES Phase II Permit and Undergound Injec4on Control Program PREVIOUS COUNCIL ACTION TAKEN: City Council was briefed on December 4th, 2007 and ,
instructed Staff to have the proposal reviewed by Planning Commission. Staff held a study session on
January 10, 2008 and a public hearing on January 24, 2008 with Planning Commission. Planning commission passed by unanunous vote to forward approval of the Stormwater Manual and changes to the
UDC 22.150 to City Council. Planning commission instructed staffto ver'tfy that the definitions in the
new manual aze consistent with UDC and Comprehensive plan. An administrarive report was presented to
council on March 4, 2008. City Council advanced the ordinance to a second reading on March 25, 2008.
BACKGROUND: VJhen thc City of Spokane Valley (City) i.ncorporated, the City adopted the Spokane
~ County Stormwater Guideli.nes for Stormwater Manageinent (SGSM) by City Ordinance 03-032 as
interim guidelines. The SGSM was fust adopted in 1980 by Spokane County, and the last update was
done in 1998. Revisions to the SGSM had been on hold since 2001 because Washington Department of
Ecology (Ecology) was in the process of drafting a Stormwater Manua) for Eastern Washington.
In September 2004, Ecology finalized the Stormwater Management Manual for Eastern Washington
(SMMEW). NPDES Phase II permitted cflmmunities are required to have a stormwater manual that is the
technical equivalent to the SNMIE`V.
The City of Spokanc Valley, the City of.Spokane and Spokane County started working together to
develop the Spokane Regional Stormwater Manual (SRSM) in 2004. The iritent was to have one manual
for the Spoka,ne region, update thc SGSM with the latest techniques and methods, and have a technical
equivalent manual to the SMMEW.
Comments were solicited by the three jurisdictions from Ecology, the design community, citizen groups,
associations, and the public. Public comment period ended September 2151, 2005. The draft manual was
available online for viewing at the City of Spokane Valley's and Spokane County's webpage. In addition,
hard copies and CDs were available to the public at each of the three jurisdictions.
Workshops were held on August 24"' and September 13, 2005 at the City of Spokane Valley Council
. Chambers. In addition, the City of Spokane and Spokane County held four additional workshops at
different locations throughout the City of Spokane and unincorporated areas of Spokane County in
August and September 2005. These workshops were targeted to answer questions from the general public.
Comments were reaeived from a few citizens, neighborhood g.roups, local engineers, and Ecology.
Ecology determined the SRMS to be technical equivalent to the SIvNEW in the Fall of 2007. The three
~ jurisdiciions are going through the process to adopt the SRSM.
OPTIONS: Approve with or without modfications; or direct staff further.
'RECOMMENDED ACTION OR MOTION: Move to adopt Ordinance 08-005. . ~ f
BUDGET/FINANCIAL IMPACTS: None STAFF CONTACT: John Hohman and Gloria Mantz
ATTACHMENTS Draft Ordinance -
• Revisions to UDC Title 22.150 and Glossary
-
~
DRAFT
~ CTTY OF SPOKANE VALLEY
SPOKANE COUN'TY, WASAINGTON
pRDIIVANCE NO. 08-005 AN ORDINANCE OF THE CITY OF SPOKANE VALLEY, SPOKANE COUNTY,
WASIDNGTON MODIFYING SECTION 22.150 STORMWATEI2 MANAGEMENT
REGULAT10NS OF TIKE SPOKANE VALLEY UNIFORM DEVEI.UPNIENT CODE,
ADOPTING 1VEW STORMWATER REGULATION, CLARIFYING LANGUAGE,
PROVTDlNG FOR SEVERABILI'TY AND EFFECTNE DATE AND MINOR
MODIFICATIONS TO THE GLOSSARY.
WgEREAS, Congress enacted the Safe Drinl:ing Water Act (SDV►'A) and the Federal Clean
Water Act (CWA) to pmtect public health by regulating the nation's drink.ing water supply. These Acts
authoriz.ed the Environmental Protection Agency (EI'A) to protect surface and groundwater supplies;
WHEREAS, under the SDWA, El'A determined that the Spo}:anc Valley-Rathdrum Prairie
Aquifer was the sole or prineipal source of drinking water in this region (Sole Source Aquifer or SSA).
The SDWA also established the Underground Injection Control (UIC) Program to provide safeguards for
underground sources of drinking water. EPA delegated UIC authority to the Washington Department of
Ecology (Ecology); and, .
VNWREAS, the CWA established the National Pollutant Discharge Elimination System
(NPDES) permitting program. EPA delegatcd the autliority to Ecology to administer the NPDES permit
program. Under this authority, Ecology issued the Eastern Washington Phase D Niunicipal Stormwater
O Permit in February 2007 and the Ciry of Spokane Val.ley is subject to the requirements of this germit; and,
VVHEREAS, the City of Spokane Valley previously adopted Ordinance 03-032 which adopted -
the Spo}:ane County Guidelines for Stormwater 1v2anagement, as intcrim stormwater-guidelincs; and,
WHEREAS, the City of Spokane Valley previously adopted Ordinance 05-013 tvhich provide
authority for stormwater review, establish maintenance responsibility, and pmhibit iilicit discharges into
the stormwater rystem; and, WAEREAS, the City of Spokane Valley adoptcd the UDC pursuant to Ordinance 47-015, on the
24th day of September, 2007; and
WHEREAS, the UDC became effective on October 28, 2007;
WgEREAS, in ordcr to provide for die continued management and control of stormwater within
the City it is necessary to update stormwater regulations that relate to the construction and maintenance
of stormwater facilities within the City; and,
WHEREAS, Ecology determined in October 2007 that the Spokane Regional Storm"'ater
Manual mects the minimum requirements from the Eastern Washington Phase II Muniaipal permit and
provides design criteria for desie , installation, operation, and maintenance of best management practices
to protect water quality, reduce discharge of pollutants tn surface waters and goundwaters of the State.
NOW THEREFORE, the City Council of the City of Spokane Valley, Washington do ordain as
follows:
Page 1 of 6
Ordinance 08-005 .
DRAFT
Secdon i. Changes to Section 22.150. The purpose of this ordinance is to adopt new regulations
for stormwater management that protect groundwater and surface water. Section 22.150 of the Spokane t
Valley Uniform Development Code is hereby establis6ed to read as follows:
22.150 Stormvvater Management itegulations
22.150.010 Findi.ng and Purpose
The increased flow of surface water from the use and development of real property within the City must
be managed to protect persons, property, and the environment. Stormwater facilities are a common
feature of urban development which must bc constructed and maintained when property is developed or
redeveloped within a geographic area. The City shall implement policies and procedures to:
1. Minimize the degadation of water quality in surface and groundwater;
2. Reduce the impacC from increased surface water flow, erosion and sedimentation caused by the
development of property;
3. Promote site planning and land development practices that are consistent with the topographical
and hydrological conditions; and
4. Maintain and protect public and private property that is uscd and dedicated for stormwater
management.
22.150.020 Regulated Activities
No person on any public or private real property located within the Ciry, shall engage in the following
regulated activities without first obtaining stormwater control aAproval from the City. The regulated
activities for development are:
l. Grading of land in excess of five hundred (500) cubic yards so as to require environmental review pursuant to the State Environmental Policy Act (SEPA);
2. Construction of, or addition to, a building (except a single-family or duplex residence) or
placement of impervious surfaces that exceed 5,000 square fcet. For projects diat are
implemented in incremental stages, the tlireshold applies to the total amount of impervious
surfaces replaced or added at full build-out;
3. Disturbar►ce of one (1) acre or more;
4. The subdivision, short subdivision and binding site plan process as defined in RCW 58.17 and
SVMC Title 20, and
5. Construction of drywells or other UIC wells regulated by WAC 173-218 UIC Program.
22.150.030 Authority to Aevelop and Administer Standards
The Development Services Senior Engineer shall develop and administer City Standards that relate to
best management practices and the threshold requirements for the development of stormwater control
facilities. The Development Services Senior Engineer is further authorized to develop policies that relate
to the submission and mndification of stormwater; erosion and sediment control plans.
Requirements and performance standards that include best management practices shall be designed to control and contain stormwater, reduce soil erosioo and sedimentation through the use of temporary and
permanent practices and facilities. The requirements shall be designed to permit flexibility in the choice •
of stormwater erosion and sediment control methods that meet the specific circumstances of each site
and intended use.
Ordinance 08-005 Page 2 of 6
• DRAFT
22.150.040 Standards for Stormwater Management
I
The City adopts, by reference, tfie Spol:ane Repional Stormwater Manual, as amendcd. Unless the
• context requires otherwise, references to the local jurisdiction shall be construed to mean the Ciry of
Spokane Valley. The City Clerk shall maintain a copy on file.
22.150.050 Reyiew Process
Following submittal of a request to engage in a regulated activity, the Development Services Senior
Enginecr shall review the proposed regulated activity including any plans or other submitted material.
The Development Services Senior Engineer shall determine wheYher the regulated activity is exempt
from review based upon the threshold requirements, or alternatively, whether the regulated activity
complies with the standards, specifications and requirements contained in the Ciry 'standards. The
Development Services Scnior Engineer may require the submission of additional material andlor
analysis to allaw the proponent lo dcmonstrate compliance with City Standards.
22.150.060 Cunditions of Approval ,
The Development $ervices Senior Engineer is authorized to impose development requirements or
conditions of approval for the regulated activities. The stormwatcr requirements or conditions may be
placed on the subdivision, binding site plan, issued permit, or a recorded maintenance covenant and
agreement may be placed upon a parcel or lot where drainage faciliLics will be developed. .
Conditions of approval shall be based on the City Standards, the preliminary Site Drainage Plan,
engineering reports or other relevant data that promotes stormwater control, protection of adjacent
properties, utilities or other stormwater facilities; slope stabili7ation and the environment.
22.150.070 Deviations and Appeals
~ 1. Authority. The Development Services Scnior Engineer may grant a deviation from the
requirements of this ordinance or City standards. In granting any deviation, the Development
Services Senior Engineer may prescribe conditions that are*deemed necessary or desirable for
the public interest.
2. Deviation Criteria. No deviation shall be grantad unless the applicantdemonstrates, to the
satisfaction of the Development Services Senior Engineer, the following:
a. Deviations are based upon sound enginccring principles, best management practices
and are not inconsistent with the public interest in stormwater control and
environmental protection;
b. The granting of tlte deviation,will not be unduly detrimental or injurious to other
properties in the vicinity and downstream;
c. The proposed deviation does not conflict with or modify a condition of approval; and
d. Deviations meet requirements for safety, function, appearance, and maintainability.
3. Frior approval. Any deviation sball be approved prior to acceptance of residential and
commercial construction plans and issuance of any building, approach, or site work permits.
4. 1Zight of appeal. All actions of the Development Services Senior Engineer in the administration
and enforccment of this chapter sha11 be final and conclusive, unless withui fifteen (15) days
from notice of the Development Services Senior Engineer's action, the applicant or-an
aggrieved party files a Notice of Appeal with the Hearing Examiner.
22.150.080 Stormwater Facility Constraction and Certification
~All stormwater facilities shall be eompleted and certified by tlie proponent's engineer prior to any fnal
plat, short plat, binding site plan, or the issuance of a permanent Certificate of Occupancy or final
Ordinance 08-005 . Page 3 of 6
DRAFT
inspection for any associated building. At the discrction of the Development Services Senior Engineer,
a test of the facility may be performed to demonstrate adequate performance. The test shall be ~
performed in the presence of Development Engineering personnel. "
Acceptance of performance surcties, in lieu of completed improvements, shall be permitted only when
completion of improvements prior to final land action or permanent Certificate of Occupancy is
impractical (i.e., due to construction seas4n delays or other factors beyond the proponent's control).
In the event that a performance surety is accepted by the Development Services Senior Engineer, the
proponent will complete the following measures prior to the release of the surery:
1. All aspeets of the drai.nage facility, including landscaping, irrigation, and establishment of
specified vegetation, shal.l be completed in accordance with the accepted plans on file with the
City. The proponent's engineer shall certify the improvements and request an oversight
inspection from Development Engineering personnel.
2. An exception may be granted for single-family or twafamily residential subdivisions Nvhere the
completion of the swales is not practical until such time as the dwellings are constructed. The
proponent shall rough-grade the swales to the required volume and install all dryvvells, inlcts,
curb drops and other structures in accordance with the acccpted plans on file with the City.
Erosion control me.asures shall be implemented to protect the installed drainage structures and
to prevent erosion and/or failure of the swale sida slopes. This includes, but is not limited to,
lining the swale with geo-fabric that can be removed along with acoumulated silt, until the
swale is final-graded and vegetated. The completion of the landscaping, irrigation, and
establishment of specified vegetation shall be required prior to issuance of the permanent '
Certificate of Qccupancy or final inspection for any associated dwelling.
A warranty surety shall be submitted to the City upon successful campletion and certification of all
public improvements to guarantee against defects in construcUon. The warranty surety will be for a
period of two (2) years from the date the facility is accepted by the City.
22.154.090 Inspection
The Development Services Senior Engineer is authorized to field inspect, as appropriate, street, building
site, and drainage construction to verify conformance with City standards and the conditions of
approval.
22.150.100 Property Owner Responsibilities •
1. Thc property owner shal.l comply with provisions of this seetion and City standards. 1'he
properly owner shall bc responsible for repair, restoration, and perpetual maintenancc of the
stormwater facility installed on private propcrly and any portion of the swale situated in a public
rigt►t-of-way adjacent to theu respective properties.
2. For purposes of this chapter, "repair and restoration" shall mean conforming the stormwater .
facility to the plans on file with the City. This responsibility to repair, restore and maintain shall
be imposed without regard to any fault or wrongful intentivn on the part of the property owner.
a. Maintenance means preservation of the original area, volume, configuration and
function of the stormwater facility as described in the plans.
b. Maintenance also includes mowing, irrigating, and replacing when necessary, the lawn
turf within the swales.
The properly owners within single-fami.ly and twafamily residential subdivisions are not
responsible for maintenance of structures such as drywells, inlets, and pipes that receive
runoff from public rigbt-of-way and conform to City access standards and are located ` within the public riglrt-of-way or a border easement dedicated to the City. The City of J
Ordinance 08-005 . Page 4 of 6
DRAFT
~i Spokane Valley will maintain the drywells, inlets and pipes upon acceptance of the public
infrastructure.
3. The propercy owner is responsible for keeping open the drainage and stormwater easements on
tfieir property. If a drainage or stormwaler easement is unlawfully encroached upon or the
function of a designated drainagc or stormwater easement is reduced, the property owner is
responsible for removing the encroachment or detriment. .
4. The property o-Amer is responsible for keeping open maintenance access easements serving
drainage facilities and drainage easements. •
5. The property ovvner shall not place or permit, and shall immediately remave, vehicles,
equipment, objects, refuse, garbage or IiCter from the stortnwater faciliry.
22.150.110 Public Drainage Facilities
It shall be unlawful for any person to du'ow, drain, pour or otherwise discharge unauthorized waters or
. other liquids onto City property, rights-of-way, or border easements, without written pennission of the
Director of Public Works. For purposes of this chapter, unauthorized waters include, but ate not limited
to:
1. Groundwater from springs or other natural or artificial sources, foundation drains, sump pumps,
and other means of discharging goundwater to the surface;
2. Surface water containing sediment;
3. Discharges from swimming pools, hot tubs, detention or evaporation ponds;
4. Water disc6arged from the cleaning of containers or equipment used in laying, cutting, or
processing concrete and mortar and the water used in such processes;
5. Water discharged from the cleaniog of equipment or containers holding paint solvents o'r
similar contaminants; and . 6. Other water posing a safety hazard in the travel way or that could reduce the effectiveness of
stormwater control and treatment facilities.
22.150.120 Failure to Comply - Nuisance _
The following is declared to be unlawful and a public nuisance:
1. The placement, construction, or installation of any structure wiChin, or the connection to, a
public stormwater faeility wichout written permission of the Director of Public Works; or
2. The discharge of stormwater to a public stormwater faci.lity without permission of the Director
of Public Works; or
3. The failure to construct or maintain the stormwater facility as required in the permit or site
drainage plan; or . .
4. The placement or allowing the placement of vehicles, equipment, objects, refuse, garbage, or
litter within the stormwater facility. 22.150.130 Enforcement
Enforcement of this chapter shail be pursuant to SVMC 17.100.
~./l .
Ordinance OB-005 ~ Page 5 of 6
DRAFT
Section 2. Chaneg s to Appendix A. This ordinance also minor makes changcs to the Spokane -
Valley Uniform Development Code Appendix A- Definitioos for consistency with the Comprehensive
Plan, UDC, and the Spokane Regiona] Stormwater A+tanual. The following definitions are hereby -modified to read as follows:
Apuendix A
DefiniNans
Aquifer: The underground layer of rock and sand that contains usable quantities of water.
Bedrock: The more or less solid rock in place on or beneath the surface of the earth. lt may be soft,
medium, or hard and have a smooth or i.rregular surface. .
Critieal Areas: Any of the following areas and eacosystems: wetlands, areas with a critical recharge
effect on aquifers used for potable water, fish and wildlife habitat conservation areas, frequently flooded
areas, and geologic.ally hazardous areas.
Easement: A right to use the land of others. The right may be from the common law or may be
acquired, usually by purchase or condemnaCion and occasionally by prescription or inverse condemnation.
The right is not exclusive, but subject to rights of otfiers in the same land, the lesser right being
subservient to a prior right which is dominant
Special Flood Hazard Areas (SFHA): The land area covcrcd by the floodwaters of the base flood is the
SFHA on the Nationa) Plood Insurance Program (NFIF') maps. Tlie SFHA is tlie area where the NFIP's
floadplain management regulations must be enforced and the area where the mandatory purchase of flood
insurance applies.
Wctland: An area characterized by saturated or nearly saturated soils most of the year that forms an
interface between terrestrial (land bascd) and aquatic environments. Wetlands include marshes around
lakes or ponds and along river or stream channels. -
Section 3. Severabilitv. If any section, sentence, clause or phrase of'this ordinance shall bc held to
be invalid or unconstitutional by a court of competent jwisdiction, such invalidity or unconstitutionality
shall not affect the validity or constitutionality of any other section, sentence, clause or phrase nf this
Ordinance.
Section 4. Effective Date. This Ordinance shall be in full force and effect thirty (30) days aRer date
of publication of this Ordinance or a summary thercof in the official newspaper of the City.
PASSED by the City Council this day of April, 2008.
ATTEST: Richard Munson, Mayor
Christine Bainbridge, City Clerk
Approverl as to Form:
Office of the City Attomcy
Date of Publication:
Effective Date: ~.._J
Ordinanve 08-005 Page 6 of 6
Unrform Gevelopment Codo Titfe 22
CITY OF SPOKANE VALLEY
SPOKANE COUNTY, WASHINGTON
ORDINANCE NO. 08-005
AN ORDINANCE OF THE C(TY OF SPOKANE VALLEY, WASHINGTON
MODIFYING SECTION 22.150 STORMWATER MANAGEMENT REGULATIONS OF
THE SPOKANE VALLEY UNIFORM DEVELOPMENT CODE, ADOPTING NEW
STORMWATER REGULATION, CLARIFYING LANGUAGE, PROVIDING FOR
SEVERABIUTY AND EFFECTIYE DATE AND MINOR MODIFICATIONS TO THE
GLOSSARY.
WHEREAS, Congress enaded the Safe Drinking Water Act (SDWA) and the Federal
Ciean Water Act (CWA) to proted public heatth by regulating the nation's drinking water supply.
These Ads authori2ed the Environmental Protection Agency (EPA) to protect surface and
groundwater suppiies;
WHEREAS, under the SDWA, EPA determined thai the Spokane Valley-Rathdrum
Prairie Aquifer was the sole or prinapal source of dnnking water in this region (Sole Saurce
Aquifer or SSA). The SDWA also established the Underground Injection Control (UIC) Program
to provide safeguards for underground sources of dnnking water EPA deiegated UIC authority
to the Washington DepaRmeM af Ecology (Ecology);
WHEREAS, the CWA established the Nafional Polfutant Discharge Elimination System
(NPDES) permitting program. EPA delegated the authority to Ecoiogy to administer the NPDES
pennit program. Undsr this authofity, Ecology issued the Eastem Washington Phase II
Municipaf Stommater Permit in February 2007 and tfie City of Spokane Valley is subject to the
requiremerits of this permit;
WHEREAS, the City of Spokane Valley previously adopted Ordinance 03-032 which
adopted the Spokane County Guidelines fof Stormwater Management. as interim stormwater
guidelines:
WHEREAS, the City of Spokane Valley previously adopted Ordinance 05-013 which
provide authority for stormwater review, establish maintenance responsibflfty, and prohibit illicit
discharges into the stonnwater system;
WHEREAS, the City of Spokane Valley adQpted the UDC pursuant to Ordinance 07-015,
on the 24th day of September, 2007; and
WHEREAS, the UDC became effective on October 28, 2007; and
WHEREAS, in order to provide for the continued management and carttrol of stormwater
within the City it is necessary to update stormwater regulations that relate to the constructian
and maintenance of stonnwater facilities within the C4;
WHEREAS, Ecalogy determined in October 2007 that the Spokane Regional Stormwater
Manual meets the minimum requiremerrts from the Eastem Washington Phase II Municipal
permit and provides design criteria for design, installation, operation, and maintenance of best
Apnl 8, 20G8
Page 1 ut 9
Unriorm Devefopment Code Title 22
management pradices to protec', woter quality, reduce discharge of pollutants to surface waters
and grounciwaters of the State
NOW THEREFORE, the City Counal ar tne City of Spokane Valley, Washington do
ordain as follows:
Sectlon 1. Chanqes to Sedion 22.150. The purpose of this ordinance is to adopt new
rzgulations for stormwater management that protect groundwater and surface water. Section
22.150 of the Spokane Valley Unifarm Developmerlt Code is hereby established to read as
follows:
2.2,160 Stormw ter Manaaement Requ(ations
22.150.010 Findtng and Purpose
The inctBased flow of Surf2Ce water fram ihe use and developmert of real properiy with,n the Ciry nust
be managed to protect persons, property, and the environmenL Stormwater facilities are a common
featute of urban development which must be constructed and maintained when property is deve4oped or
redeveloped wrthin a geographic area. The City shell implement pokicies and procedures to
1. Minimize the degradabon of water qualfty in surface and groundwater,
2. Reduce tfie impad from Incrsased surface water Now, erosion and s+edimentation caused by the
development of proparty;
3. Promote site planning and land development practices thet are consistent with the topographical
and hydrological conditions; and
4 Maintain and pratect publ+c and private property that is used and dedicated for stormwater
management
22.160.020 Regulated Activities
No person on any public or private real property located wnthm the City, sh3ll Gngaga m the fol►owing
regulated aciivrties without firsi obtaining stormwater cantrol approval f; om the City. The rcgulat2d
activities for deveiopment are:
1 Grading of land in excess of five hundred (500) cubic yards so as to reNuir2 environmental
review pursuant to the State Environmental Policy Ac! (SEPA).
2 ConsVuction of, or addition to, a building (except a single-f-amily or duplex res,dence) or
placement of impetvious surfaces that exceed 5,000 square feet. For projects that are
implernented in inctemental stages, the threshold applles to the total amounk of impenrious
surfaces replaced or added at full bui{d-ou?,
3 Disturbance of one (1) ecre or more,
4 The subdivi5bn, short subdivislon and binding sita plan procass as denned in RCW 58 17 and
SVMC TiUe 24, and
5. Construction of drywelks or ather UIC welts regulabed by WAC 173-218 t11C Program
22.150.030 Authority to Develop and Admintster Standards
~ The P,:{a:rio:Leveloament Serv;r~es Senior EnqinLer shall deve{op and administer City Standards that
relate to best management prai:tices and the tfireshald requirements for the development of stormwater
~ conVol facilities. The 94estwDevelo _mer,i Serv;cFs 5enior Engireer is further authorized to d8velop
policies that relate to the submissbn and modificatlon of stafmvrater, erosion and sediment control
pfans.
Requirements and performance standards that include best management practices shall be designed to
control and cortbin stormwater, reduce soil erosion and sedimentat►on tfirough the use of temporary and
permanent prectices and lacilities The requirements shall be designe-d to p:-rmil `)exib;lity in t7e choic:~e
apr;i a, ZooB
Page 2 of 9
UnKorm Devalopment Code Titie 22
of stormwater erosion and sediment control methods that meet the specmc circumstances of eacn srte
and intended use.
22.150.040 SUnOards for Stormwatef (lanaaement
The Citv adap+s bY reference the SDakane Reaional Stormwaier Manual as amer,ded !Jn!ess i!)e
context requites otfierwise. refe[ences to the focal iurisdic~ic-n Eh.3'1 _•~~C~rl:r~ ~7 iTeCfl !flr (`Ti !-t
Seckana Vallev Tre r:tv r_.ter+c t~111 mamlain a cr,f:y on file
Apnl 8, 2008
Page 3 oi 9
Umio+m Deveiopment CudO Trtle 22
22.150.043050 Review Process
Following submittal of a request to engage in 8 r?guleted activity, the
Senror Enqineer shal1 review the propased regutated activlty including any plans or other submift-d
mater►al. The 044-aGiorOevelopTent Services Semor Er•gineer sllall determine whether the regutated
activity is exempt from review based upon the thrgshold requirements, or attemativety, whether the
regulaUed acrivity complies with the standards, specfications and raquirements contained in the City
~ standards. The Qirec4crDeveloorneit Serviczs Sen;or En ~g neer may require the submission of additional
material andlor analysis to aliow the proponent to demoristrate compliance with City Siandards.
22.150.059060 Conditions oi Approvai
The f-)+r.ast&ri1eve!cpment Serviczs SenoDr E,ra ;;eer is authonzed to impose deveiopmeM requirements
or conditions of approval for the regulated activdies. The stormwater requirements or canditions may be
placed on tt►e subdivision, binding site plan, issued perrnit, or a recorded maintenance cavenant and
agreement may be placed upan a parcel or lot where drainage faalities wdl be devebped
Conditions of approval shall be based on the City Standards, the pteliminary Site Drair,age Pfan,
engineering r8ports or other retevant data that promotas stormwater cantrol, protec~ion af adiacent
properties, utilities or otlher stormwater facifities, slope stabitization and die environment
a--t~e {~►rGt~ ~s.:~r+~r~d agieemenf s#311-be :n ~ ~flt~tly-1~#814evv~a~-t~; ;
Sw4r- Lot a,
Al;: f11l7f ~.77
Limn ---Ci~~Ss--'{~aS~s - - .i . ' . .'e~•~•
~A~AAB-~8{~A~y-~ab17lAQ{@Ac
~-~A-8f.~~Adafi69-~t~~9#'N~,9~-fi13~-313~t~'►9Gc,,,.,1: :Y.~, - . r . . ,
a drainage-swale-iat ,L
~ ~~.t#e.~ i waNcs-,a~,~a'Wnt-tQ-lbe-p1W-
3--Thig dr4m;ave-svm$e-Pas-been . - • , . -
4-Tha--Rarlias~fasiia-te-~v4o- tes the--pes!pstuat-ata+alenaPce.--repeW and -a
dra~s14'ate-,ar~d-ats~rru,~at+ors
1VAS4t--TF~R~ e~1~+rWte~!-r.r~ue~~nts.~~ger~ .
the-Pa#+e&ag~+se-as-k9.'Jews.:
aod- wat9apg-~s , . , , , , , - . - . . , _ , - . . - . .
appea-Ge
? 8~yet.unGezstands . , . - , - - . . _ . - - . . , - . . _ , , . . • fo- ' ~~i-~esc:at~-a~3v~-~~-;#aF-~►yDo-f9eNtii+~;~
6aiAng forwatBr--~o-'~'a-?he -1 llia dram,aq-=
swale. ~rrigatio~. sys~eru ~n ~}v9~-~a+~~~d tunt'~9a"VIr.4s * ended-PUFPQ.Se-
; - -c'3~yar-agraa~l~~=r:r?Ye s,;t»r-~t;._~-:~~-=.s frnr~ rl~~~n~c}e swa~a-~cu~-`?~r~herat~r~~~-~1aa:=f.:
~~aQe-s~vale
Git~-~sess
r~~t~var~puD4e-ngh4-el-vayarxd :;~a(Q~ 10-
&awage-swae +s-1~-.~ , :~~,,~-::,~,f:H~;
P4:GVhIe4_~erai~-.r1~e-~- d-S~eka~e-LlalJey- '09-and-FepaoF-a;.- )
c~a~-&~~te~~ts~a#er-aAC#~a+ata~ar+~e.
4?-Th9-T-+.~~%at-r'~7r3r~ r* -t-,! _~~SCr-+ C,.,,b~T,i..
Apnl 8, 2DD3
r^aga 4 ot y
UnifoRn Gevelopm?nt Gode Trtle 2-2
} ~C~'~.riT-•en1~G'i-~-~:C~rrr»Li 7 tl!yt..•~jrAi: -i,~:~.`.:~:{~:-r:-J:-;~=.-i L••_i h:. • `}~•.•l-f ~.i4-7:.~-i~-:u _-:iriif.^ f.
-~9-I:i{'J :Jiii~='~!'^` `.Sj[~:l-:,i6u@~CiG'i71'eii-:'t<],rCt~+?(=i ~-t0+~'i+3 Ei:t'iE-~3 •z'-J
. . -70reI--68t}-
~1J];Sti~ ~s:Jii~':'?-~i.i:.. ; _ ~=3- 17 =i: .e4'~~ -'t-~;,"{i~'-..~% :ri. _ _ •.J•ir~ ~(l^ .--iSEr;`c^i -
2- F-mc ;t,'1:1- ='R'~"_ - - . l3 . _ -_:i -~t - - _ . ;i~:=;~.4~= =^,~3 - _ - •~7;} 7~~:, ilaa-!~
`~s~+va'►es-staa~4-t~a ~NiL~'+~i-L~'}~c~+-Mk'~~ 0:.. W3~F!~'e a L'i~i=-,'~&ob6-=+9+'ii ~fa~;6<3 ij? ~76-E::+j
yS-1Miti-a3{8i36-6M8f ' }'SF}
.6F i ,
. Consolidated -6W -~3-
sso~;iation r..r dedir.,-Aad-~o-the-CAy---Swa?es-ar • ~around-;ha
-
i2s160S011I--GVif1 g rtTr:~::+
4oir.atec3 .-=]a~. ^r:-- - oi _.~i••~~~;~ ;:'.;S . .~i~ .o.a .a'c-;sU~l•_
de~ar~
Lf ~ 14Z A~..h~r~
~
V =
- -
auPAdosignG -4bairnant boil Tnis 5ois
vh 0,70.1 a:.d
-3.•'ttlbr3e'IdtCilidt~ifi. -n:
t :ha
. esac}c► -C',e6Set-~a ' tec~u~ce~
22.150.s8A07Q Deviatiorts and Appeals
1, Authority. The B'PostcKDevelopment Setvices Seniur Engi.n~: r may grant a deviation from the
requtrements of thts ordinance ar City standards. In granting any deviabon, the
~ D*a~!~rDevelopment Servlces Senior Enpineer may prescribe conditions that arz deemed
necessary or desirable for the public fnterest
2. Deviadion Criteria. No deviation shaA be granted uniess the appiicant dernonstrates, to tha
satisfaction of the Diroct~cDevelaQmznt ServicES Senior Enoineer, the following:
a Deviabons are based upon sound engineering prlndpleB, best manegement practiaes
and are not inconsistent with the public int+enest in stoRnwater control and
environrnental pratecGon;
b The granting of tlhe deviation wIU not be unduly detrimental or injurious to omer
properties in the vicinity and downstream:
c. The proposed deviation does not oonflict with or modify a oonditim ot approval; and
d Deviations meet regulrements far safery, function, appearance, and maintainebility.
3 Rrior approval. My deviation shall be appmved prior to acxeptance of residendal and
commercial canstrtidfon plans and issuanoe af any buflding, approach, or stte worfc permits.
~ a Right of appaal. All actions of the F3+PxtwQeve,4nrrent ServIces Sernor Enaineer in the
administration and enforcement af tfiis cliapier shall be flnal and conclusive, unless within
ADOi a, zDaa
Page5of9
Unllorm Development Code Title 22
~ fifteen (15) days from nouce af the =-;,r _:rs acbon, the
applicant or an aggrieved party files a Natice of `Appeal v►nth the Hearing Examiner
I 22.150.099080 Stormwatef Facllky Construction and Certtfication
All stormwater tacilibes shall be completed and certifted by the proponenYs enginesr pnor to any final
piat, short plat, binding sde plan, or the issuance of a permanent Certificate of Ocrupancy or final
I inspec;tion for any assocleted buildfng. At the discretion of the G::~_.:D~ve!opment S?;vices Senic~r
Enqmc-er, a test of the facility may be perfdrmed to demonstrata adequate performancP The tesi shall
ba performed in the presence ot Oevelopmenf Engineering petsonnel
Acceptance of perfoRnance sureties, in lieu of caqnp{eted improvements, shall be permitted only when
completion of impravements pnor to final land action or pemnanent Certficate of Occupancy is
impraciical (i.e., due to constnuction season delays or other factots beyond the proponent's conwf)
I In the event that a performance surery is ac.cepted by the aMe~GWoetiE.0apment_Serv-s
Enom&e'f, the proponent will complete the folbwing measures prior to the release of the surety:
1 All aspects of the drainage facElity, inciuding landscaping, Icrigabon, and establishment of
specified vegetation, shall be completed in accor0ance wrth the accepted ptans an file with the
City. The proponeriYs engineer shall certify the improvements and request 3n aversight
inspecbon from Deve{opment Engineering personnel
2. An exception may be granted fOr single-family or two-famity residential subdwisions where tfie
completFOn of the swales is not practical until such Ume as the dwelfings are constructed. The
proponent shall rough-grada the swales to the required volume and install all drywells, inlets,
curb drops and oiher structures in accocdance with the accepted plans on fi{e with the City
Erosion control measures shall be imptemented to protact the installed drainage sUvcturss and
to prevent erosion and/or failure of the swa1e side slopes This includes, but is not limrted fi,
lirnng the swate with geo-faDric that can be rema+rsd along wfth accumulated sitt, until the swale
is final-graderi and vegetated. The completion of the tandscaping, imgation, and establishment
of specified vegetabon shall be required pnor to issuance of the pertnanent Certificate of
Occupancy or final inspection for any associated dwelling.
A waranry surety shall be submitted to the City upon successful completion and certification of afl
public improvements to guarantee against defects in constructian. The warranty surety wiN be for a
period ot two (2) years from the date the facility is accepted by the City
22.150.104D090 Inspectbn
The Services Semor Enrieer is authonzed to field inspect, as appropriate, sVeet,
building sde, and clrainage consUuction to verrfy canformance with City standards and the condlbons of
approval,
I
Apni B. 20D8
PageGaf9
Uniform Development Gade Trt3e 22
I 22.150. f: J 10U Property Ovrnsr Responsibllitles
1 The property owner shall comply with provisiokis of this secbon and City standards The
property owner shall be responsible for repair, restoration, and perpetual maintenance of the
stormwater fadiity insta{led on private property and any portion af the swaie situated In a public
rigM-of-way adjacent to their respective properties-
2 For purposes of this chapter, "repair and restwation' shall mean conforming tfie stormwater
facility to the ptans on file with dte City. This responsibitity to repair, restore and malntain ShaN
be impased withuut regerd to any fault or wrangfui intentbn on Yhe part of the property owner.
a. Maintenance means preservation of the original area, volume, confguration and
functlon of the stormwater fadiity as described in the ptans.
b Maintenance atso Inciudes movAng, inigating, and replacing when necessary, the lawn
turf withh the swales.
The property owners within sing{e-famity and two-family residerttial subdmsions are noi
responsible ior maintertanos of sstructures such as drywelks, inleb, and pipes that recenre
runoff from public right-0f-way and confarm bo City access siandards and are located
within the public right-af-way or a border easemerit dedicated to the City. The City of
Spokane Valley will maint3in tha drywells, inlets and pipA..s upoci acceptance of the public
lnfrastrucfiue
3. The property owner is rzsponsible for keeping open the drainage and storr-iwater easements
on ttieir property. If a drainage or stormwater easement is unlawfully encraached upon of the
function of a designated drainage or stormwater essement is reduced, the property owner is
responsible for rar►toving the encraachment or detriment
4 The praperty ownsr is responsible fot keeping open maintenance access easements serving
drainage faclliiies and drainage easements.
5. The property owner shall not place or permit, and shatl immediatety remove, vehicloes,
aquipment, objzcis, refuse, garbage or litter from the stomzwater facility.
22.150.1=+3110 Publlc Drainags FacltFties
It st+all be unkawful for any person to throw, drain, paur or otherwise discharge unauthorized watzrs or
other liquids onto City property, cights-of-way, or border easements, wiftut writien pertnission of tlie
~ Diredor af PubI►c Works. For purposes of thls chaptEr, unauttior¢ed waters indude, but are not limited
to
1 Groundwater from springs or other natural or artficial sources, fnundatian drains, sump pumps,
and other means of discharging groundwater to the surface,
2 Surface waier containing sediment
3. DisCharges from swimming pools, hat tubs, detention or evaporation ponds,
4 Water discharged from the clsaning of containes5 or equipment used m laying, cutting, or
pracessing cflncrete and mortar and the water used ln sucti pracesses;
S Water discharged from the c{eaning of equipment or containers hokiing paint sotvents or simitar
contatninents; and
6. Other water posing a safety ha2ard in the travel way or tfiat could reduce the ePFeciiveness of
stDrmwater control and treatment facilrtias
I 22.150.339M Falluro to Compty - Nuisance
The following is dedared to be untaw(ul and a public nuisance
t. The placement, construction, or installadon of any structure within, or the conneckion ,o, a
~ public stomiwaiar fadliry wiftut written permissian of the Director ot Public_1'VorK~;, or
April 8, 2008
Page 7 ot 9
Uniform Development Coie Title 22
I 2. The discharge of stormwater to a public stormwaler faci(ity without permission of the Dlrector of
Public Works; or
3 The failure to construct or maintain the stormwater facility as required in the peRnit or site
drainage plan; or
4. The placemsnt or aliowing the placement of vehicies, equipment, objects, refuse, garbage, or
litter within the stormwater facility
I 22,150.140130 Enforcemerrt
Enforcement of this chapter shail be pursuant to SVMC 17 100.
Section 2. Chanqes io ADpendix A. This ordinance also minor makes changes to the
Spokane Valley Uniform Development Code Appendix A- Definitions for consistency with the
Comprehensive P{an, UDC, and the Spokane Regional Stormwater Manual. The following
definitions are hereby modfied to read as follows:
Apaendix A
Definitions
Atc-a of Speo+all Fleedd T:~ ~a;-A :r,tr,.: tl:;>4.f;;~•~: wlLi::ra a c:~::;r:~:~ ~r,;~h~__ a:~~;a ~.~=;;_:~=4
~~~t~::,;._~r-•-shaa~e~-Aa+~Aia~:3y~.~.re.~ y:.ar C~,~~:=aii~+=ws~ ::apsa3wa~si~s,~;e;et.ers A c.r V
Aquifer. The underground layer of rock and sand that conialns usab►e auantiUes ef water.
Bedroek: tq-place salici ;eslF-The more or less solid rock in place on ar
~---arm it rna v -te soft. medium, or hard and have a smooth or (rrevular suriace
CrttJca! Areas: r i eas~ f;-,.
_ , a(b~$iBaS-2Fd-g1?Qlog16al1y :i3ze:dc~lirc~-~rori- Af'.y _
1.he toliowing aregis and ecosw-:!Fm=_ vv-llaeds_ ar-~as .vr?h ?_~fitit'?I t?rharac- :.fiect on ~.j~i!ers use=J fe,
poiab{e water fish and wil(, -
t-,Z_,~r(~QUS 3raa -
Easement: trs rigtu-ef-use • . . - Y „ , - - ' ~ . - -
t)t- (rom triu L:omman law ar mav be acvuired__usuallY bv ourchasa of condemnaEion and rx:i:as~cnalt-y-
prescript}on or invecse condemnation. The riqht ls not exclusive, but subiect to riqhts of others In 01,.-
.ame land, lhe lesser riqht belnq subservient to aprior r.ght which Is dominanL
Special FIQQd Hazard Areas fSFHAIThe land area wvered bv tne t.ooclwaters of the base fiood is tr•_
SFHA on the Nat►onal Fiood Insurance Proqram iNFIP1 maps. The 5FtlA is the area where the NFIF'"s
r1oodDlain manaqement requl8tions must be enforcc-LI and tfie 3rea wh~~re thr r-,,inci~tnrv ourchase of
`I~~d in5urdr►ce aA lies. - -
Wettand: A+i$3(G) iden~ V$ -'v'Y-
Jf{'i{}l 7iiq
-oaj, raarst~es; bags; and-sw"ar areas.aad-wetiaAd~ srea~eci tor-p+~pase~-et~itigaEioR:-Wettaa~s-~o
. 'RGIuding, Wut riot-tim+ted-so
4;i9ai;ea--aAd-~aurage-d4sbas-g{a , .ats; det - , was;ewaw-trea#per ,
* . farm , aad--laadsGape araeaities;--cx- "i{ands.~.reaia4-a#w--.luEj►--1-1-999;-that-were
gu;r#ea' -a#-a raad-stFest,-er-#*way-An area charactenzed
ny saturated or nearly saturated soi(s most of the year that_form6 an interface between terrestrial (land
3sed) and aqL.a1ll- :.n:'irn; '~~:':~I:n;lc c'i~ 1_ ~_i~ :r;l.ti ?f'::r!j 13i=3 Gr GCn~S -iipf1~7 *iVC'i
b I
Section 3_ Severability If any section, sentenca, clause or phrase of this ordinance shafl be
held 'o be invalid or unconsUtutional by a court of compatent junsdiciion, ;uch invalidity or
Apri! B, 20D8
Pege 8 of 9
Urtifarm Qaveldpment Code Title 22
unconstitutionafity shall not affed the validity or constitutionalrty of any other section, sentence,
clause or p#irase of this Ordinance.
Section 4j Effedive Date. This Ordinance shall be in full force and effecl thirty (30) days
after date of publication of this Ordinance or a summary thereof in tha offsciat newspaper of the
City.
PASSED by the City Council this day of April, 2008.
Richard Munson. Mayor
ATTEST:
Christine Bainbridge, City Clerk
Approved as to Fortn:
Office of the City Attomey
Qate of PubJication:
ENeciive Date
APnl B, 2W8
Page 9 af 9
CITi Y OF SP'OKANE 11ALLEY"
Request for Council Ac#iorr
Alleeting Date: Apeii 8, 20{]8 Clty Mariager Sign-off: ~
Jtem. Chack aIl tha# apply: Ll consent 0 old busirress 0 new bLrsiness Q public hearing
El informatiorr 0 admkn, repoR Z Perrding legislaton
AGENDA iTEM TlTLE: Seaond Rsading Ordinance 08-006, Llniform Developmenk Ccrc~e
Amendm$nts
GOVERNING LEGtSLATlOhl: RCW 36.3[]A.390 artd RCW 35A,63.220,
RRE'4lkOUS COllNCIL ACTION TAKEN: September 24, 2007 - adoption of IJDC; hdovember
7, 2007 - ad~ption +of Ordanan-ce 07-025 enac:ting cmergeftcy UDC amendments; December 11,
2007 - puWic hear'rng on emergency UDC amendments: March 18, 2008 - study session;
March 25, 2008 - first reatiing of Ordinance OM06.
BACKGR4]UNi}: On Sept$mber 24. 2007 City Council adoptesi t7rdin~nce 07-015 approv'tng
the City of Spokane ValGey Uniform De+veEapmer+t Cade {UDC}. The UDC was effectiv~ on
October 28. 2007. After adoption, the Coty identfied several instaraces where porttons of the
previously adop#ed cade ware unintentianaily not carned 'Forward int+a the UDC or vuhere
necessany G~nguage was inadverten#ly omiited frvm the UDC.
The absence of these cade provisions from the UDC has the rroteintial of preventing #he Ci#y rrf
Spokane Va11ey from irnpiementing and enforcing the UDC in a cc«nsistenk rnanner and further
could re-sult in dewelapment that may be inconsbs#ent wtri the goals and polides of the Gity of
Spokane Va11By Gomprehansive PEan.
Recognizing the critical nature of the IJQC omissions, the Gft}r Couneil adopted Ordinanc~ 07-
025 on November 7, 2007 enacking emergency UDC amendments ta add«ss spsc~~ ~ections
of UDC fi'rties 19 and 22 and +4ppendix A. lhe Caty Council roraducted a pub€jc hearing on
Decernber 11, 2{]07 regardlng the ~me!rgency arreendments.
The Plann'rng Commiss+on reviewed the emergency amendmen#s and heid a pub1ic hearing on
Januaryr 31, 2008. At the conclusivn oF the hearing and del'rberations, 'the Commissian
recarnmended the emergency amendenents be adopted wfth two changes (hwghlighked in the
attacFteti ma'#eriaV)-
At the March 18. 2008 study sessiaea staff pfesented the Planning Cammission's recommended
changes to the Cft,y Gauncif far considerat+on_ Councfl directed sEaff to researeh the size
requirementaAimifiatwons on accees-sM dwel[irrg units. Staff presen#ed the findings of that
reseaa`ch to the CouncN at the March 25°1 meet1ng. CL}uE1GlI dIfeL"ted Staff tG feVIse the SIZe
limiiations of ADU's 1o eliminate #he upper iimit of 9,00f} squsre feet and base the stze Cim4t #o, no
larger than 50% csi°the pHmary dweIfing unit habbble 5oor area,
QPTIt]NS: Ad'opt a{dinance as rnodified fram frst readang, or direc± s:aff furth$r.
RECOM'MENDE{} ACT6ON OR MOTlflN: Move ko adopt Ord9nance 08-006.
BUQGETIFINANC1AL IMPACTS: None.
S7AFF CONTACT: Creg McCc►rmick. AICP - Planning DiVisiora Manager
D R.AI`'I'
CTiI' OF SPOKA.NE VAI,LEY
tiYOKA`-E: COUNTY. W4SHLtiGTOti
()ItDINANCE NO. 08-006
AN ORMNANCE UF 1'13E CITY OF SPOKANE V.4I.LFY, SPOKANE CUUN'TY,
WASHLNGTON A-MIE1r-D1TiG ORDI:\ANCE 07-0I5 SPOKANE VAL1.EY MIINICLPAL
CODE SECTIONS 19.40.010, 19.40.090, 19.40.100, 19.60.010. 22.130 and Append'u 19-A
ADDItiG PROV1SIOtiS FOR THE USE UF RE:CRF 4TlnhAi. V-EMCLES 4S
PFRMMiEINT OR TENiPORARY DWELLINGS. ACCF.SSOl2Y UWELLLNG tTIrTTS.
ADDLIG APFROPRIATE DEFINITIONS FOR ACCESSORY DR'ELLLtiG LtiITS,
FI.A1'KING S'TItEE'I' SETB4CKS Iri tiOti-RFSIDENTIAL ZONING DISTRIC'TS.
A.tiD RIGHT-OF-WAY FLTURE 4CQ1?iSTi70ti AREAS NS FO1.I.OWS; :1_tiD
PROVIDL•'VG FUR SEVI:RABa.TtY Ah'D EFFECTIYE DATF.
Vti`IIEREAS, the City of Spokane Valley adoptod the l;niform Development Ccadc (t:DC) pursuant to
Ordinancc 07-01 -5, on the 24th day of Scptcmber, 2007: and
WHEftE.AS, the UDC bacame effective on 28th day of Oe:tober, 2007; and
~VVEUEREAS, the City Cauncil adoptod Ordinancc 07-025 rnacting an interim eMeFg :-~-amcndments to
the UDC retative to rorrcational vehicles, acccssory dwclling units, adding appropriatc definitions and
~ right-of-way future acquisitian areas: and «hlch ()rdin3ncL e.x~ire-; Mav 7,2008; end
WHEREAS, the Spokane Vallcy Planning Gommission held a public hearing on tbese issues on January
3 1. 2008 nnd determined that amend'mg cartain provisions of the UDC relased to rocrtarional vehicle
usa;c in residearial znnes, accessor}• dwelling units* appropriate definiaons and right-of•wty future
acquisitian areas met the critcria for spproving an amtndment including being oonsistent with the
Spoksnc Va11ey Comprehensive Plan and that it besrs a substaritial relation to the public health, safety
and welfare and protection of the envimnment
NOW TEiEREFO1tE, 'fHE CITY CULrNCIL SPECIFICALLY ORDADiS AS SET FOItTH
BELOW:
tiection One: SYMC Chapter 19 shall be amended as fnUows;
19.40 Distr'tct PuMSt & 5upglementnl l.'se RcFulation± Rc sidentiaJ Lones
19.40.010 Geacral Provisians
l. Nu principal or aceessary structure shxl) bc lucated w•itliin the clearview triangle, SVMG
22.70.
ln the districts where the height of buildings is restricted to thirty-frve (35) feet, cooling
towcrs, roof gables, chimncys and vent stacks may extend far an additional heigfit, not to
cxcead forty (40) feet, above the evernge grnde line of the buiiding. Water stand pipes and
tanks, chun;h steoplcs, domes and spires and school buildings and institutional buildzngs may
be erected to exceed maximum heigM requirements, providod that ane (1) additiQnnl foot
shall be addcd ta the widih and depth of Gant, side snd rear yards fvr each foot that such
suuctums exceed the required height
3. No xiructurc may be erected to a heigfit in cxcess of that permitted by applicable Airport
Hazard zoning mgulaiioas.
s. Rtxreational vehicles shall not be uscd as pcrmanent or temporary dwclling units in an}•
residential zone. Guests may park andlor vccupy a recreational vehicle while visiting the
occupants of a dvellin¢ unit Iocated on the same lot for not more than 30 days in one
l.frdIT::tnc^ 09-1JRY3 FnfC1'='7jC♦ IDtir:[71 lf'>~:ltrctilF~ii~ I u1 s
uRaFr
cons,c:cutivc twelve (12) mvnth period. The inti:nt is to accommodutc %isiting guests and not
to allow the rec:rraiiona] vehicle to be usc3d as n dwelling unit.
19.40.090 Residential Acccssory 1!ses 8t Swctures
I. F.xcept for the air conditioning campressors of detachrd single-family re5idcntial, caoling
towers and similar accrssory strvctures are required to abserve al) fmnt, side or rear yards.
The combined building footprint of a11 accessory permanent structurrs in residential zoning
districts shall not excred tea pcrcent (10%) of'the lot area.
The vertical wall of an in-gmund swimming pool shall be locatad behind frunt buildinp
sctbac}; lines and at (east five (5) feet from the properry line. All pnols must tie secured in
accord3nce with the requitements of the adopted building rcgulqtions. Tempc►rai-y fencinc is
required during cxcavalion.
1_9.40.100 Accessory Dvvclling Unit (AUU )
Attached and detached ADUs are permitted in all residentiul r.cming disvicts and shall adhete ta the
appearance of single-family residences. An Attachod ADU is an accessory dw•elling unit that has one
or mare vertical and/or horizontal walls in common with, or attached to, the princiaal dwelling unic.
A Detached ADU is a free standing accessory d,.%elling unit thai is not attached or phv;icaily
connected to the principaJ dwelling unit.
1. Purpase and Intent
a_ Ta increase the supply of aliordable housing unit5 and encourage housing diversin
through lx.ticr usc of thc existing housing stock in neiQhborhoods in a manncr thai ic less
intcnse than new devclopment;
b. TL) ma1►e housing units availablc to mnderaie-income pcti►plr 1I111 spec;al populations
including tfie elderly, mentally i11, vicrims of domestic abuse, persons wiili disabilities csr
injuries, and the bome}ess who might othenwix have difficulty findine homcs w•ithin the
city that supparts independent livinc;
parlicularly knic►rs, single pannts and f'amilics «ith gruua
c. Tu providc residents,
chitdren, with a means to temnin in their homes and neighborhoods by obtaining, through
tcnants in eitfier the AllU nr the principal unit, extra incomc, companioaship, security,
and serviccs;
d. l o malce better use of existing public invcstment in strEets, transit, watcr. sewer, and
uthcr utiliries; and
c. Tc, protect neiahborfiood stability, prvperty values, and thc sing.Ee-family residential
apEx.arance of neighboncoods by ensuring thal AUUs are installed under the canditions
outlined in this Code.
Candidons and Limitaliarts
a. Ttie design and size of the ADU shal! canform to all 5tandards in the vuilciing. plumbing,
electrical, mechanical, fcre, health, utilities and any othcr applicable codes;
Li. :1n ADU may be develaped in conjunction a6th either an existing or new residencc;
c. One (1) ADU, aitached or detached, is allowed per lot as an accessory dNti-elling unit:
d_ 'i'he ADU must be a camplete, indcpendcnt housekecping unit;
c. The cambined footprint of all accessory structures shall not excaed ten pmcnt ( 10° o) of
the lot area;
f. I fome professions shall hc allo"•cd oniy within thc principal dwelling unit, not thc ADl.':
~~rcli~~~ncc US-ixio lancrerncy Ir;crim 4mcn,irnrnu I':t<<,e _(1I 8
D RAF"1'
T6e owner, as e:tablishexi b}, the titltholder, must a:cupy either the principal dwelling
:init or the AllU as thcir pumanent residenm but not both, for six (6) months or more ot
the calendsr year, and at no time trcrive rent far the owncr-occupied unit; nnd
h. Approvsl of an ADU will bc revoked if the ADU is no longer in compliance with the
development standards and critcria outlined in 19A0.1 QU(3).
3. Development Stnndards and Criteria
a. Al) AllUs, both attached and dctnched, must moat the falluwing roquirements:
i. One (I) paved ofY streat parking space shall be roguired fcsr the dwelling unit in
additian to the off-stvet parking raquired for the main residenct;
ii. The ADU may not exczed fifty pemeat (50%) of the total ha itab square footage of
the principal dwclling unit, nor be less than three hundred (300) sqtiam feet aFid fiet
-.eft-t►f
iii. 1he tota) number of individuals thei reside in the ADt' shali not exceed the numbcr
of persons that are defined as famity;
iv_ The ADU shaIl be a complctc, separate 6ousekeeping unit;
v. T6e entrance to the ADU shell be locaicd on the side or in the rear uf the structure or
in such a manner as to be unobwsive in appearana: whcn viewod from the front of
the sVwt, and only one (1) entrance may Ix locatad on the fepck af the principal
dw°elling unit in order to maintain the agpearance of a single-family residt-ncc:
vi. The ADU unit shalt not hava more than two (2) badrooms; aad
vii. Thc ADU shall be designod to moet the appearance of a singlc-famiiy residznce ar►d
must be the same or visually match the principal dNvclling unit in the tvrx, ;ize arid
placxmrnt of the following:
1. Extctior linish materials
2. Roof pitch
3. Trim
4. Windows. in pmportion (rClationship ui' width tc, IiciOht) and oreniatiun
(harizontal ar vertical
U. Additianal development standards for detached ADUs:
i. Shnll bc located behind the frant building setbacl: line and plaaxi on a permanent
foundation:
ii. Shall preserve all side yard and rear yard setbacks for a dwelling unic. as estahlished
in Section 19.40.020 Residential Standards in the lJI)C;
iii. Shall not bc allowod on bts containing a duplex, multi-family dwelling or ac-cesson
npartment coatnined within the prinei}sal sweture; and
iv. Cxisting detached necc,ssMy struc:tures may be convrnod into detachcd ADU s
providcd that a11 development standards and criteria arc met, including side }'ard and
rear vard setbacks.
4. Applic.ation pnxc,:.
a. Application tor jn ACaiJ E?ermit chall be: made tu the Uepartment of Cammunity
Ih:% elopment in accordance v►ith the permit prveedures adopted by the department;
~~^Si•zncc ~;ti-~.r16 i_n,cre,cncx latcr:in ;-M.ncirrOiIt, E';tge I oi 8
llRAFT
b_ Shall include a lettcr of aliplication affirmine that ane legal titleholder «ill livc in rither
d%%elling unit, mezting requirement of owner occupancy;
c. An ADU application shall also be filed as a deed restricdon witfi the Spokane Countv
departrnent of rocards and clections to indirate the presence of sn ADU, the rrquirement
of owmer occupancy, and oiher standards fr7r maintaining thc unit a; dc.rrihc-d in this
Cade; end
d. Cancellatiun of tsri :1D11!; re~,,i+tr~tiun niati be accomplishad by etie t-)%%ner filins: a Icitcr
with the dcpartment of cammunity developmcnt for rrcordink at ttii depanment of
recards and eleetions, or may occur a5 a result of an enforement action.
19.60 llistrici Pnrpose & SpuD{emental Llse ReQUlations Commercial, Officc & Mizrci ['.e 7,c)nec
19.60.010 General Requiremcau
1. Nun-residcntial developmeeit shall i►iect the minimum seiback and tht tnaximum huildirIS4
height requimments shawn in Table 19.60-1.
Parking areas shall be paved and Iandsr.aFed in accordance with SVMC 22.50.
i. New devclopment exceeding three (3) stories in height shall be provided with paved >enice
lnncs not less than sixtocn (16) feet in titiidth.
4. :'111 new devrlopmertt 41311 prnvide for cliare-d accesti with adjacent rmprrtirs.
Table 19.60-1 Commerclal Devrlo ment Standards
Office ~ Commercial N9ixed Lsz indLLqrial
GO U 1C ! C KC CC• CNIU' hT-UC' 1 1 I?
Minimum
Front Yard 20 20 20 20 20 ZU 20 20 20 20
Setback
Minimum
Flanking 20 20 20 20 20 30 ?0 20 20 1-0
Street
Setback
Minimum
Side and
Rear Yard
adjacentto 20 20 20 20 2) 0 20 24 20 35 35
a
residential
use or zone
Maximum
Building 45 100 35 33 100 Linlimited 50 60 40 65
I leieht (in
}-eet
' Except as otherwise required
22.130.030 Reqaircd Improvemcnts und Uecfication
E'rior tu tfie issuattc:c uf any approvals or permits Subje,:t to the ptovisions of this chapter, the
Dcvclopment Servicts Senior Engineer shall deteetmine the tktent and type of road%n%
improvements, dedication or drsignatiun uf futurc acquisition areas reguired as part o1' tlie
Or.tir►nnce (1R-9(16 Emergrncy 1n?mm Amerdmrntc Paee 4 of 8
[)RkFT
developtnont proposal. 71te DeNelopmcnt Servicc-: Srniar Eneinccr shall utilize the foilm%ing in
determining the scope of the improvemcnts:
1. The Comprehensive Plan.
The ArtCrial 5veet Map.
3. The strvei construction stundards, and
-i. The functional, safety, efficiencv and rAxxdinated iuture exp►nsion needs of' the raadwa}
rystem to serve the traveling public and emergency vehicles.
ihe (Jevclopment Services Senior Cngineer sha11 detarmine the cxient of additicmal right-0f-way
needed to support these improvements and the process of dedicating the rcquired land area or
determinc if a future acquisition arca s6ould be designatai pursuant ta 22.130.435 - 036 below. The
fkvelopment Strvices Senior Engincer svall also detcrmine if the development proposal c.an
participate in any City Capital Improvcment Projxt as includcd on the adoPtod Six (6)-Year Street
Improvement Plan. In these cases, the devclopment prorx)sal «'ill he conditiorxYi to provide a
proportiongtc cantnbvtion to the anticipated pmje:.t.
I 3 0.035 Fuiure Acquisition Areas
l When a"firture acquisition area" is desipated, a"Tide \otice" shall be completod und
recorded aith the County Auditor by the Planning Dcpartment tx othcr appropriate
agency,'department. T'he notice shall run witfi the land and shall oot be t+emoved ar ameAdcd
priar to approval by the establishing agency/department s indicaied Qn the noticc. The noticc
shall be rocordod as soan as Exossibie arid, in all cases. prior to the i;suance of a huilding
permit. The noticc shail:
a. Lnclude the tax parccl number and c}te full Icbal dzscriptian:
b. Make refetenc:e to atry relaied approvnl file numtxr or pr•rmit numbers;
c. Include the name of the stroet(s) or rnad(s) andlor map if appropriate:
d. Include the dimonsian of the futurc acquisitioo area(s
e. [ndicate the building setbacks from the futurc accJuisitiori boundan-(ics):
f. Indeotify any limitations ior impro%emcnFs or ieatur;:y %%iihin the ncyukiuon
boundar}^( ics
n. lndicaic thai the futurc ucquisition arca is pri% atc propem :
h. Identify the responsibility for relocntion or loss of "interim" featiues or improvement;
withm the furum acquisition areas; and
i. Be mailed to the pruperty owner's and taacpayer's nddress ns shoKn ia the ccurcni Spokane
Counry Assessc+r's/Tmasm's recc►rds, if a completc mailing address is indicated.
-Ilie "Titlc Notice" shall be amendcd or removed vvitft an Estinguishad Fcxm %vhcn the Arterial
Road !'lan, the Official Rasd Map ot other conditions chanee and the recorded "1 iclcNrticr" is
nc, loncer %aliit. ProEkrtv owners s-hall be nvtifiei of the chan,,e.
E3uilding Seiback
'('he requitaj sctback of buildings as specified in the undertying mne classification shall be
mcasured from the firtvre acquisition area boundarv. If no reasanable site design solution
cc}mpt)ing with the full setback is feasible, exceptions to the full setback may be administtativcly
granted if:
a. an existine parCCl Qr lut equals nr is up to i°/o larger than the minimum iot area mquired
in the underl%•ing zone;
l►rdinnncc (194IO6 Emergcnw~ Intcr-.m Amrn.iinL-it; PB-e 5 of 8
DltAFT
b. an existing p3re:.ef or Int h3s an existing building pmposed for cxpansion; os
c. the sponsor of new development or rode\ clopment Adequately demonstratcs a site desiLm
or use limitation for the existing propert}.
Such exc.eptions may bc grantcd provided thac:
i. The property is not psrt of a zAne re.lac:ification 3nd"or sutxiivision applicaticm;
ii. 1"he property has no reasonable alternative site design solution feasiblc:
iii. A"Title NoticE" is rcxorde,d pursusnt to 22.130.035 that further identitieti likely
impacts (such as noise, crvwding, loss or relo,:ation of imprc,%cmcnt4) t« thc sitr
when the ruadway is widened in the futiue; and
iv, fhe building is locatod at the geatest setbsck po.sihle; hut in any case shall be no
closec th&n one-quarter (25%) of the tequired setback from the futurc acyui;itiun area
boundnry and sha11 nc>t 1e located wit}iin the fiiture sscclliisition area
3. Landscaping and Parl►ing
<i L<3ndsraping: Significarit landkape feature>, such a-s tnr+, >h;ill tk Ii>cated in ,uch a
rnannrr thet when the rvadway is w•idcned in the fuiure a significant portion of such
landscaping features, such as matured trees, w1Il 04l t1c,'.C(I [O bC dCStTOyed or relocaicd_ :1
rnajority of the trees required in thc current landscaping areas shall be plented eight fect
(8 ft) from the future acyuisition area boundar}• within the future planting strip and shal)
Ix; space-d nu less than sixty feet (60 ft) fmm one another.
h. Parking: .All fln-site par{:ing reyuired by the underlying mnc classification shall be
lc-cated outsidc the ftAum acquisition area If no rea_conable site desi&m salution
complying with patking location requiremcnt+ iti fcasiblc. txrentions to c}ie-.,c
rzyuircmcnts may be administrativcly grantrd if:
i. an existing parcel er lot equals or is up to larger than th;: minimum Iot area ot thc
underiying aone:
ii. an ewsting parcel or lot has an cxisting buildin¢ propox.d tor etpal»K-n:
m. the sponsur of a new develapmcnt ur rodcvelopment adequatrlv demon,?raie, a .ite
design or use limitation for the existing propcrc).
Such exceptions may bc grxnted provided that:
1. Thc property is noi part of a zane nxlnssification nnd"or subdivision appiicsciO11:
2. 'I'he propcrty has no roasannble alternative sitr desigrt salution feasible:
:'1 "Title Notice° is rccorded pursuant ta 22.130.035 that fw-ttter i,:9cr,ritic, li~._(%
impacts to the site wficn the roadway is widened in the firture; and
-T-he fcwcst number of parking stnlls is loc.ated in the future ncquisitit-n a;ea a:,
Possible and, in any case, shall contnin no more than onc-yuurtcr (25" o) of the
reyu'ved parl:ing stalls for the site.
4. Locatiun ..~f r-equired site drainage facilitirs
All re:quiced 208 andlos surface drziinage facilitie: for the sitr shnll be locateJ outside the future
acquisition area. If thc sponsor of a new development or rcdevelopment adequaicly demonstrates
a sitc dcsign or usc limitation for la;ation of such facilitics on the existing property, a portion of
the drainagc facility improvement may be tcmporarily allowexi within the futute acquisition arca
if an intcrim pcrmit is issued pursuant to the provisians of 22.130.037. The interim permit shall
provide for the relocatic►n of the drninage facility to an allernative site by the pmperty owner
H-hen the madway is Nvidcncd. Thc permit shall identify thc ahrrnatc ILK:aciun and the means of
reloeatinv. tlie facilitv.
pK-006 FincrQenn Intrrim :1mrnlmrnt~ f'nae 6 oi
D ItA F'T
5. P6ysical struclures, improvements and utilitics
Physical svuctums (such as signs, Cencing. and architectural features) and impnwements (such a5
sitc drainage, '208' drainaste swales, landscapin& and paricing) shall not be located within the
future acquisition area unless an interim coaditional use prrmit has boea issued pursuant to
Section 22.130.037. tf pcnnittM they shall be wnsidered "interim" snd shall be relocated or
removod 1 right-uf-way is widened in the future, mbjoct to the rcmditions of the interim
wnditioael use pcxmit.
A11 developers, agoncies and purvcyors installing utilitiw in, adjacent to or across righu-of-way
shal) shaw the futurc acquisition arra and boundanjirs) on conswction plans ar drawings.
Impacts from the future roadway widining and othcr relocation cast shall be considetcd when
designing and siting utilities and improvements.
22.130.037 Interim Conditioual Use Permit
I'he Developmecit Scn•ice Senior Engineer may temporarily allaw, as an interim conditional use, site
features or improvtments 4ocetod within or ad}acent to the future acquisition erea thai are in conflict
wich the pmvisions of this Chapter, provided thni a hardship can be demonsuated and the use can be
reasonably cvnditioned and restrictod to ultimately accomplish the intent of this 208 swales, paricing
stalls, utilitics and sigas. Interim Conditional L15e Permits shall be issued administratively ai os
befare the time dcvclopmant apProvals and pcrmits are grantod_ Interim permits shall, at a minimum,
specify the tcmporary or interim use allowed, the conditions of the permiL the provisioas for and
ciming of rernoval, relocation or insiallatian snd the responsibitity for the cost of rtlocation, removal
or installation_ Any agpeai of the administrstive docisian respocting an interim use shall be hearcj
pursuant to SVMC 7.90 Appcals. All interim pzrmits shnil be referenced by a 1'itlc Notice pursuant
tt, Scction'..7.130.U35.
22.130A39 Faricing Lot Travel I.ane Connectioaa w Adjaceot Parking Lots
l. Travel lanes within commercial and indusuial developmeats shal] c4inncct or pruti idc tior
futwc ecxunection of existing or future adjaeent parking lots of commr.ncial or indusirinl
devclopmeniL Multiple family devclopments shall provide similar connxcions to adjacrnt
multiplc family development. Travel Isnes shall tx designed to aUow future txpansion of the
roadway snd retain parking lat circulation betvveen parl:ing tots witbout rrquiring vehiclrs ta
acctss the roadway to enux the adjacent paricing lot Gommercial or industria] parking lot
trsffic shauld not pass through residential parlcing lots. Site development design +vhich
prvvides far minimum travd lano connections may reduce parking requiremenu by two
parking stalls for cach travel lane connoction (to n maximum of fuur stalis). (f the sponsor of
a new develapment or mdevelopment adoquaLely dcmonstraies a sitc design or usc Iimita2i4n
for installation of the required vavel lanes an the eYisting propat}•: excxptiQns to the travel
lane requircmr.nts mey be adminiseratively gtantcd: provided that:
a. 7fic propemy is not part of a•r.one reclassiftcation and/or subdivision application;
b. The property hss no rrasanable atternativt siu dcsign solution feasiblc;
c. The Developmcnt 5en-iccs Senior Fngineer finds thxi the travel lane and connertion
location ot an interim lack of connecticm will not negatively impact the presZnt or future
function and safet) of the parking lat circulation, ingress/cgress, the futurr ruadway or
ruadway networi:;
d. 4n interim permit is issued under the pruvisiuns of :?.130.037 for any required parkinr
stalls that are to he removed in the fimirr, and the pcrmit requires adjaccnt travel Ianc
connrctions; and
Ordmrmc: 084l()6 Er=gcnL-N Intcrim lrncncinicri;s Fagc 7 uf 8
DR.AFT
o. :1 "I itle \ouce" is recorJcJ pursua;it ?o =_'.I 30.035 :1iat t~ind;cr iil.iitilicti ii~.els impa~tS
(such as loss or relocation of improvements, features or paricing stxlis) to the site when the
travrl lanc cunnec;tion ir made in the future.
Appead'u A - _4mendcd DeCaitiuns
Accessury DA•r11ing Unit: A fretstanding de[acheJ structure or ari attache.d part of a;tnucture that is
subordinate and incidental to the principat dwelling unit located an the same properry, pro%,idinb
complete, independent living facilities exclusiveiy for asinele houseMeeping unit, inciuding pennanznt
pro%risions for living, sleeping, cooking tind sanitalion.
Principal Dvvelling l!nit: The principal swcture un a lot that is the main rrsidcncr to %%hith the pmperty
is dcvoted.
SrC.111lU 11,\U F"t`^C2.I !1 ( .iI1~C 11' I_I_
tlf 1h15 UId1113I1cC. - - - - -
~ Scctioo Threef-": Scvcrabiiity. lf any section, sentence, clasise of phrases of this Urdinance should hc
held to be imalid or unconstitutional by a caurt af competent jurisdiction, such invalidity or
unconstitutionality shall not affcct the validitv «r constitutionalitv uf sny othcr scction, clausc or phrase of
ttiis Ordinancr.
~ Secdon F nurlhfre: Fffectivz Dste. ThiS ordinance sliall te in fui) force and ci'fect tik-c 0) days after
the publieatian of the (lydinance. or a>ummarv thereof, (-)Gctirs in the otlicial newspapxr of the Cit,, as
provided by iaw.
Pass-ed bti' the Cit. Council tliis day ot April. 2008.
A1TL•ST:
Ma-%or. Kichard 11unson
('it~ Clerl.. l hristinr 13ainbridv-c
Approveii as tu Form:
Office of the Ciry .Attornc,%
nace rrr'ublicatinn:
Lffe:.ti~z Date:
()rd!nvncc I18-~K)6 E•:rr~~~:r:,cy Inttritn
CITY OF SPOKANE VALLEY
Request for Council Action
Mesting Daba: Apnl 8, 2008 City Manager Sign-off.
lbem: CheGk all that apply: ❑ oonsent ❑ old business ❑ new business ❑ public heanng
❑ information ❑ admin. report 0 pending iegisfation
AGENDA ITEM TITLE: First Reading Proposed Ordinance 08-007 Amending UDC Loading
Doors
GOVERNING LEGISLATiON: RCW 36.70A.390 and RCW 35A.63.220.
PREVIOUS COUNCIL ACTION TAKEN: Study Session-April 1, 2008
BACKGROUND: On October 30'h, 2007 Thomas Memott on behaif af Northwest Metallurgical
Services Inc. attended a cammercial pre-application meeting for a 19,250 square foot addition
to a building used for manufacturing. The proposal induded plans Tor two (2) tnuck loading
spaces to be located along the nortfi side of the building which faces Eudid Avenus. Pursuartt
to Chapter 22.50.040 (Off-street loading) #8 of the Cfty of Spokane Valley Muniapal Code, Mr.
Merriott was intormed that trudc laading spaces were not allowed on the street facing s+de of
any building.
On Januery 22nd, 2006 Mr. Mlerriott again attended a commercial pre-appiication meeting, this
bme on behatf o# Kim Hotstart, a manufacturing business proposing a 44,000 square faot
addition to their building located at 5724 E. Alki. Again, the proposal indicaEed truck loading
space,s facing the public streeG Again staff discussed with Mr. Merriot ths requirements of
Chapter 22.50.040 as well as the zoning code amendment Rrocess.
On February 14, 2008 Mr. Merriott applied for a code amendmeM to allow ttte placement of
truck (oading spaces an the street facing sic}es of buildings located in the I-1 and I-2 Industrial
zanes as provided for under Spokane Vapey Municipel Code Section 17.80.150.
This amendment will be presented to the Planning Commission on March 27, 2008. Their
recommendation will be presented verbally.
OPTIONS: Proceed as proposed, or as modified; of direct staff furtfier.
RECOMMENDEO ACTION OR MOTION: Mobon to advanoe tfie ordinance to a second
reading
BUDGET/FINANCIAL IMPACTS: None.
STAFF CONTACT: Christina Janssen - Assistant Planner
ATTACHMENTS:
Draft Otdinance 08-007
CITY OF SPOKANE VALLEY
SPOKANE COUNTY, WASHINGTON
ORDINANCE NO. 08-007
AN ORDINANCE OF THE CITY OF SPOKANE VALLEY. SPOKANE COUNTY,
WASHINGTON AMENDtNG ORDINANCE 07-015 SPOKANE VALLEY MUNICIPAL
CODE SECTIONS 22.60.040 ADDING PROVISIONS FOR THE PLACEMENT OF
OFFSTREET LOADING SPACES AND APRON SPACES ON STREET FACING
SIDES OF BUILDINGS LOCATED IN THE I-1 AND I-2 INDUSTRIAL ZONES AS
FOLLOWS:
WHEREAS, the City af Spokane Va!{ey adopted the Uniform Development Code (UDC)
pursuant to Ordinance 07-015, on the 24th day of September, 2007; and
WHEREAS, the UDC became effective on 28th day of October, 2007; and
WHEREAS, the Spokane Valley Planning Commission held a public hearing on these issuss on
March 27, 2008 and determined tfiat amending the provision of the UDC reiated to the
placement of off-street laading spaoes met the criteria for approving an amendment including
being consistent wilth the Spokane Valley Comprehensive Ptan and that it bears a substantial
relation to the pubiic health, safety and weifare arxi protecction of tfie environment
NOW THEREFORE, THE CITY COUNCIL SPECIFlCALLY ORDAINS AS SET FORTH
BELOW:
Section One: SVMC Chapter 22 shall be amended as follows:
22_50 OFF-STREET PARKlNG AND LOADING STANDARDS
22.50.040 Off-sVeet loading
A. A. Every building or part tfiereof ereded or oocupied for retail business, seniice,
rnanufacturing, storage, wanehousing, hoteUmotel, industrial or any oiher use similarly involving
the receipt or distribution by vehicles or materiats or merchandise shall provide and mairrtain on
the same premises loading space in accordance with the following requirsments:
1. Off-street laading spaces shall measure as fallows:
1. a. Whan one spaoe is required, it shall measure 12 feet wide, 30 faet long and 15 feet
high (if a dodc).
2. b. When two or more spaces ane required, they shall measure 12 feet wide, 60 feet long
and 15 feet high (if a dodc).
1 Loading facilities located on the side of a building but not faang a street shall be set
bacc from the front property fine a minimum distanoe of 60 feet.
2 Driveways, aisles and marteuvenng areas shall be designed to accommodate the largest
vehic{es that would normally be expected to use those particular driveways, aisles and
maneuvering areas. The tuming radius shall be a minimum of 30 feet and the driveway aisles
shall be a minimum of 24 feet.
1 Whenever possible, the site should be designed for counterdockwise circulation of large
trudcs as left tums and left-hand backing manewers are easier and safer since the drivers
pesition is on the left hand of the vehicle.
2 All parlcing, loading and maneuvering of trudcs shall be conducted on private property.
3 Required passenger vehicle partcing shall not be allowed within the truck dock apron
space.
( litjl1l331cL' 08-00.'
4 The minimum number of off-streei loading spaces shown on the following table are
required:
Table 22.50-7 - Loading Spaces Required
UseJGross Square Feet Required Loading Spaces
Industrial, manufaciuring wfiolesale, war+ehouse, simitar uses
10,000 - 40,000 squa, e fe-et 1 space
40,001 - 60,000 square feet 2 spaces
60,001 -100,000 square feet 3 spaces
Over 100,000 square feet 1 space for each 50,000 square feet or part
thereaf
' HokMmabei; tssfaurarrts
I 20.000 - 60.000 square feet 1 space
00,001 - 100,000 square feet 2 spaces
Over 100,000 square feet 1 space for each 50,000 square feet or part
thereof
Hospitats, comale _ . ' ~hsing homes and siinita~'1.~stibutions -
10,000 - 40.000 square feet~ 1 space
40,000 - 100,000 square feet 2 spaces
Over 100,000 square fset 1 space for each 50,000 square feet or part
thereof
B. Screening of Off-Street Laading Areas.
1 Off-street loading spaces and apron space shall not be tocated on the streat side of any
bui{ding in commerual or residential zones. In those instances where three or more sides of the
buitding face dedicated streets, loadirtg spaces and apron space shall be located at the rear or
side of the building and scresned from view of the abutting streets for a minimum of 35 feet in
accorciance with the provisions of SVMC 22.70.030(I); In the Industnal zones. off-street Ioadinq
spaces and apron space mav be located on the street side of buifdinqs providinq that thev are
screened from view of the abuttinQ streets for a minimum of 35 feet in accordance with the
provisions of SVMC 22_70.030(1)
2 No (oading dodc or service bay doors shall Ue canstructed on any portion of a front wall
or on a side or rear wall wrthin 60 feet of any front property line or adjacent to the street. (Ord.
07-015 § 4. 2007)
Section Two Severability lfi any section, sentence, clause or phrases of this Ordinance
should be held to be invalid or unconstitutional by a court of campetent junsdiction, such
invalidity or unconstitutionality shall not affect the validity or constitutionality of any other section,
clause or phrase of this Ordinance.
Section Three: Effective Date. This ordinance sha11 be in full force and effect Tive (5) days
after the publication of the Ordinancs, or a summary thereof, occurs in the offi"►cial newspaper of
thg City as provided by law.
Passed by the City Council ihis day of 2008
Mayor, Richard Munson
ATTEST:
City Clerk, Christine Bainbridge
P.pproved as to Form:
Office of ihe City Attomey
Date af Publication:
Effective Date:
CITY OF SPOKANE VALLEY
Request for Council Action
Meeting Date: Apri18, 2008 City Martager Sign-0ff:
item: Check all that appiy: ❑ consent ❑ old business ~ new business ❑ public heanng
❑ informatlon ❑ admin, report ❑ pending legislation
AGENDA ITEM TiTLE: Motion Consldsratton: Letter of Inbent
GOVERNING LEGISLATION: NA
PREVIOUS COUNCIL ACTION TAKEN: On September 4, 2007 the City Council authorized
staff, "to begin the specific site seledion process by (niUating negotiations with the property
awner af property generalty described as University City tocaled west of University Avenue as
well as that portion of the property located east af 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 considersd by the Council.
OPTIONS: Madify, approve, or reject the letter of intent.
RECOMMENDED ACTION OR MOTION: Approve letter ot lntent
BUDGET/FINANCIAL IMPACTS: NA
STAFF CONTACT~ Scott Kuhta, Mike Connelly
ATTACHMENTS:
a. Minutes of September 4, 2007 council meeting
b. Proposed Letter of Intent.
c. Map of City Center Propased Development
NTINUTF.S
City o! Spoltane Vailey
City Council Eiccutive Srssion
'I'uesday. Septcmber 4, 20117
Attendunce
Conncltmembcrs: 5taff:
Diana Wilhite, Mayor Davc;'v1ercier, City Manxger
Steve Taylor, Deputy Mayor Mike Connelly, City Attamey
Dick AenEnny, Councilmember Can Driskell, Deputy City Attorney
Mike DeVleming, Councilmemher Greg N1cCorntiick, i'lanning Managcr
Bill Gothmann, Councilmember
Rich Munson, Councilmembcr
Gary Schimmels, Counciimember
E\ECtJTIVE SESSIOti: Mayor Wilhite called the meeting to order at 4:17 p.m.
It was moVed by Cuuncilmenrber hlurtson, seconded and unanimous4, ugreed lo acfjourn intv Erelcut;tv
Sessioii to meet vrrt!! rin later thun 6: UO p.m. to discuss land ocquisition, und that Ihere ntv►l ar moy nut he
action takFn upon retunr. Council adjourned into executive session at approtimately 4:18 p.m. Ma}•or
Wilhite declarcd Council out of Executive Session at 6:43 p.m.
It wcis moved 6y Councilmember Denemry and secornred, rn ,Irr.~cr sraif anui c~o~rsi~it~,~rs tu Cegiri rize
specific slte selection process by initrating negatiations with 1he praperty oivner of prapert~~ generullti~
described as Unlversity Citv located u~est uf Universit}~ Ati~enue as well as that portinn of the pro~rnlocated east oj Unrversity and under rhe samr o►.•nership jor the purpase of drafting crn agreement ro
supporr developmem of a viablp Ciq, Center. Any such negatiuted Qgreenrenl shaU be subject to fu!l
revlew and upproi-al by rhe C!ty Council in an open pablic se.ssion and slwll lnclude prot•isions for the
selection af a develuper satisfactory ta tlte Ciry and; rovisrnns grnirunteeing fIre ['rty:c rr,le in ctet-elnpfng
und approving u ntaster plon for the Jevelopment
Councilmcmber Munson brought up a puinl of urdcr regarding whether we arz in order with muving
forward with a mation at this Executive Session, and of the stssivn in general, nnd Mr. Mercier confirmcd
council is in order and the meeting was so noted as per statute Vt.,te b~- .4ccIr1m:Jtrn+a. .-ippr_nv<<I
I_.`nvnimvirs. Upposed: IVone. Abstentions: None Afatlon catried
Ir was then movt°c1 hv Deputv A1m~or Tavlor, sec•onded nyrd cmanimouslti' il;~Treed tf--, ar.lirlttrrr 1hemCeting
:tdiourned at 5:50 p m
f?iaiia «'ilhite Mayor
t1'1"17E- ST:
c-tiristit:i 13;iinhricikc. C'it`' CEerk
Appruvod by Council 09-11-U-T
april 2, -2008
Jim Reinhardsen ~
Managing D'uector
f ieartland LLC
524 Second Ave
Suite 200
Seattic, WA 98004
Re: Lefter of In1en1 tv PrcrchasP/ Ciiv o/'Spokare Valleti' und Universitv Citv. Inc.
Dear Jim:
This I.ettet of Intent to Purchase ouilines the basic terms upon which the City of Spokane VaUey
("Purchaser) wvuld purchase laad from University City, Iac. ("Seller") for City Hall and
ancillary public uses locaied on the SeUcr's property in thc City of Spokanc Valley, Washingtan.
This letter is aot meant to be a formal binding agreement but mcrety a Lctter of Intent under
which the groposed tenns of the purchase are dcscribed. The terms agreed to by the parties in this
Letter of Inicnt are inteaded to bc incorporated in the Purchase and Salc Agreement which is to
follow. Thc Purchase and Salc Agrcemcnt. once fiilly executed, shall becorne the binding
definitive document for this purchase.
Subjcct to the foregoing limitations, the following sets forth the basic terms of the PurGhaser's
intent and a description of the City Center development and certain associated processes:
1. Due Dili_encr Material: SeUer to provide Purchaser with st least t6e follow ing
documents Ritfiin thirty (30) days from the execution of this Lettcr ot Intent and a meeting
of the parties which confirms a proceas and calendar for Pnrchase and Sale Agreement
ncgotiations, whicbever i.g later:
1. A current legal description of the Property;
2. An existing AI.TA survey, if available;
3. Copies of all tenant leases relcvant to the Propcrty;
4. Copies of utility bills pcrtai.ning to the Property;
Leve) One Environmental Assessment, if available and any other
cnvironmental studies in 5eller's possession perta.ining W ihe City Cznter
site which cauld influence the Property;
b. Copies of other contracts or agreements in Seller's possession which may
have an impact on the salc or usc of the Property; and
7. Copy of current }'ear's real estate tax bill and current assessment.
S.
Letter Lif Intent far Purchase Paie I of •S
2'I'he Purchase and Sale Aereement mav includc but shall not be limited to the followinE
tcrms•
A. PIoPem: Approximately tive (5) - nine (9) acres of the Seller's 35 acres vC land
located on the west side of University Avenue at Spraguc Avenuc. (the "Properry").
l-he specific Propem boundaries shall be defined through a conceptual master
planning process ta be collaboratively undertaken by the parties. Property boundaries
defined thmugh an ALTA survey. Thc Propert}, shall he delivereci to Purchaser ~k7th
clear titlr and ia its "AS IS" conditian_
Ti. Purchase Price: The purchase price shall be hased upon the current iuarket value
Cor the Property. Market value shall be determincd through an appraisal pracess, which
shall be defined and agreed upon as a part uf the Purchase and Sale Agreement. The
purchasc price will be paid all cash at closing. The parties may agree to mndiA• the
purcEzase price to account for other contributions or assumptions of liahility.
C. Contin e~ ncies: Yurclta.tier's obligatiun to purchase and Seller's obligation to sell tiie
Property under the Purchase and Sale .4grecment shall bc contingent upon the
satislaction oCthe following conditions:
1. Furchaser's apprava) of a completed and acceptablc Level One
Environmental Assessment. The cost of such an asse$sment, if an}•, sizall
be as agreed to betwecn the pannics:
2. Purchaser's approval of any encumbrancc or oblip-ation imposed by other
contrae~ts or agreements in Seller's possession which may have an impact
on the salc or use of the Prapcrty;
3. Purchaser's approval of physical inspections and studies of the Property at
Purchasrr's expense;
4. An agreed upon properiy configuuraiiQn and sizc;
Division of the Property hy Seiler;
6. An agrremzni as tt):
a. The timetable fur remaval of existing structures un the Cit}~
C;entcr site ar►J identificatioa of the party respc~nsible for such
removal;
b. The acquisition and or dedication of all public rights of wav;
and
c. An acceptable scheciule for constructian of public faciliucs,
raads and amenities, including the proposed relocation of
Dartmouth, as well as identification af the responsibility and
mettwdolouy for constnictian and paymrnt ut the sani;.:
7. :1doption ot'tlie subarea Plan h), the Spokane ValJey City Council:
8. Spokane Valley City Council appraval of the above described agrezmcnts
and wa.iver of contingcncies;
9. Implementatiun of a plan to consmict the Spokane County Libraty Uistrict
facility at the adjacent site;
l ctttr nf ln!cnt Tor Pur4h:+se Payr 2 ot •1
~ 10. Dc%c;lopmcm oi an acceptab?e plan for financing and conswcung Cit}•
c ~ Hall; and
~ 11. Seller's and Purchaser's confirmation that ali contingcncics ha~-e either
~ becn satisfied or waivcd.
~
D. Closin : To take Ptace thirtr• (30) days after removal of Purchaser's and Seller's
-
cantingencies; pro~rided that closing csnnot occur latcr than January 31, 2010.
E. Cscmw Holder: Escruw to be hcld with a mutually acceptable title company.
F. Title insurance: Seller to obta.in a standard coverage title policy. Seller to pay for the
Washington State Excise Tax with all other closing costs to be split 50/50 by
Purchaser and Seller. Noturithstanding the foregoing, each party will lk responsihle
far its own attomeys and consultants faes and cosis.
G. Closing Pro-Rations: Utiliry charges, charges under service wntracts transferred to
Purchascr, and real estate taxes to be prorated as nf the ctase of escrow.
3. Ezecution ot Contract:
A. Immediately upon execution of this Letter of Intent, both partics agree to work in
good faith to satisfy the conditioas outlined in this I,etter of Intent and, if satisfied, to
negotiate in good faith the terms and conditions of the Purchase and Sale Agreement.
8. Neither party hereto shall be undet any legal obligation under this Lctter of Intent
until the Purchase and Sale Agreemcnt is fully executed.
4. Removat From Market: Seller a$rer.s to remave the Properly from tlie open market until
the Purchase and Sale Agreement is executed or negotiations pursuant to this Letter of Intent by
Purchaser and Seller have ceased, but in no event langer than September 30, 2008.
5. Aathor¢stion of ReoresentaNaa: Purchascr authorius C1earPath, through Rob Lars-en
and Mike Ragsdale, ta represent it to negotiate tlie terms and conditions of the Purchase and Sale
AgreemCnt. Seller authorizes Heartland, through Jim Rcinhardsen and Chris Fiori w rcprescnt it
in negotiations. Each party shgll be m-sponsible for compensating its representativc and nothing
in ilus provision shall commit either party ta gaying a real estate bmkerage fee.
b. Coaneil Appruval: This Letter of lntent and the contemplated Purchase and Salr
Agreemcnts and any other document binding Purcha5ar in any manner wrill require the approval
of the City of Spakane Vallcy City CounciI voting in an open public meeting.
7. Dcvelopment Description: The parties intend that development of the C:iry Center be
consistent with the adopted sub-area plan. Prior to signing a Purchasc and Sale Agreement,
Seller and Buyer will meet to discuss the subarea plan, in particulaz elements wfiich might
negatively impact properiy value andlor dclay the redevelopment momentum of the property.
A. Conceptual Plans: Purchaser and Seller are in agreement with the basic planning
cuncepts as illiutrated in the Purchaser's Conceptual Plan for the City Center
Property. Purchsiser and Sellcr agree to outline a process to collabarate on the details
of said plan as completed by Purchascr's consultants. Purchaser and Seller shall work
Letter nf Intcnl for Purchase Page 3 0l .1
collahoratively to adjust this Conceptual Plan as needcd oncc the Cit) Ccntcr
developer is identified.
B. Developer Selccrion: Purchaser and SeUcr are aliened in attracting ttze highest yualitNdeveloper for the City Center. Purchaser and Seller agree to participate in thr
devcloper selection in a manner consistent with Washington laws governing the city's
cnntract authority. It is anticipaied that the Seller w711 'uutiate the developer selection
proccss ulilizing the contacts and expericnce of Purchsser's consultant Bob Gibbs
whcre appropriate and in consultation with designaied City representatives. Seller
shall ultimately structure a commercially rcass,nable laild lease %tiith the devcloper(s)
once selected.
1-his I.etter of Intent forn-is the biLtiis of agreement hetm«n the psrties.
Sincerelv.
Rob Larsen -
t~..
C1earPath. I..LC.
~ c. .
AGREk:U AND ACCEPTED: ~AGKEED AND :1l CFl' FFD:
City of Spokane Valley Universiry City, lnc.
By: -
Br•:
lts: Its:
Date: _ I)ate:
Letter uf [ntcnt for Purchasc I' •1 of -1
~ f
e~ . .
f _
~
~ ,r ~ IIa
,
,
e
,
. . ;
; . ti . .
, ~ . .
. :
, , .
. , . . ~ ,
" ~ R I 41
. a . ~ e ~ . a i.
\ . _ ~ . _ . , , .
I I 1tF!/'+y .
i . 4A ~ l~ ~ . f 1.! .
Dartmouth Road RVloWatVL~ ~+~F~ ~
- ~ ,
~ ~ . ~ . - ~ ,
T f
~ At ~ ~ • 5. . • ~ . 1 ' . ,Y' . ~ . ~ . ~ . r kY. ~ . _ ~
~ I , , u • , ~ ~
.
~
.
~
.
~ .
iL
. _ .
~
lk
9!-~~ ; J ' ~ ~ ~
# ~ + # ' " ~~YI 4• 9 0... ~ . ~ µ,e. ~~i~, A I ~ ~
A&I (D
I~ • , I ~ ~ 9'
~ L
i r
S 17~
♦
. 0 1
, ~ ~ ~ _ 4 ' '
! ~ , ~
,
,
^ .
. . I
~ x
. . e _
` . f ! . ~h.~ ..{i~ . ~ _ _ ~ . T ~ 1~ ~ d ~ ~
i. 1
!7;}d.
~ r i 1~. x • • • . . _
~ I M
y ' a M ~ F * (If~ I ~ y .rA1
, . .
- i~
A tl ry
a I
, ~ " y . _ F i. . ~ / ~
_ , ♦ ~ i d . - . . .
w
,r • t i
a i
~
.
!
~
I~~ • ~ ~ , ' F. _ ' _ t
~
~
. ' ~O{)~ 5~I~Or ~rFREEI)NlA~I
EI~~`IrsIo~1eC~ + ~brCa~ & City Center Master Plan ~ uNG aNa
BO
Cifiy o# Spc~kar~e Ilall~ey
~
- - _
O CITY OF SPOKANE VALLEY . Request for Councii Action
Meeting Date: April 8, 2008 City Manager Sign-off:
Item: Check all that apply: ❑ consent ~ old business ❑ new business ❑ public hearing
❑ information ❑ admin. report ❑ pending legislation
AGENDA ITEM TITLE: Barker Road Bridge Utility Agreements
GOVERNING LEGISLATION: .
PREVIOUS COUNCIL ACTION TAKEN: 1) Approval of 2007-2012 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 Consultant Serviaes
Agreements for Type, Size and Location Study, and Final Design contract with CH2M HILL, 4)
Informational Memo dated July 31, 2006 regarding recommended bridge closure w/ detour
route. 5) Motion approved on November 7, 2007 to move forward with aesthetic treatments on
the bridge with local artist Sami Perry; 6) Informational Memo on Utility Agreements in Council's
March 4, 2008 packets. 7) Authorization at the March 18, 2008 meeting directing staff to
advance agreements with utilities to the next Regular Meeting for City Manager authorization for
approvaL
O BACKGROUND: Several utilrty companies have facilities (pipes, casings, conduits, wires, etc.)
that currently cross the Spokane River on the existing Barker Road Bddge. Other utility
companies would like to place new facilities on the reconstructed bridge. In some cases the
existing facilities will need to be relocated prior to the construction of the new bridge. In other
cases the utilities will add their new facilities to the new bridge once, it is constructed.
It is typical in situations like this that the City's contractor constructing the new bridge installs the
necessary hangar assemblies, pipes, casings oonduits, etc. on the new bridge. The bridge
contractor then provides an opportunity for the utility companies to connect to these pipes, run
pipes or wires through the casings or conduits, and do all the other associated utility work.
The City pays the bridge contractor to install all the necessary hangar assemblies, pipes,
casings, conduits, etc. that the utility companies would like on the new bridge. The City then
. gets these costs reimbursed by the utility cflmpanies. Qulemorandums of Understanding are
typically used to govem the conditions of this utility worfc and the reimbursement to the City.
At the March 18, 2008 meeting, staff reported that a US Supreme Court decision held that cities
can be held responsible for delays to projects caused by utilities acting within franchise
agreements when provided a window to do their work. Revised utility agreements are attached
which include a clause related to delays caused by the utilities or their contractors.
A summary of the changes required of each utilrty is briefly described below. Some of the
previously listed utilities (namely Avista Utilities (Electric), Comcast, and AT&T) have been
deleted because their facilfties are scheduled to be relocated pdor to the start of the Barker
Road Bridge construction contract. In these cases MOUs are not required.
~ AVISTA UTILITIES (GAS)
Avista plans to extend gas service north of ttie bridge in conjunction with the bridge
replacement project. The bridge contractor will install equipment to support the gas line,
RCA - Barker Road Bridge Utility Agreements April 8, 2008
. Page 2 of 2
with costs paid fully by Avista. The estimated cost for the work. is $87,400, to be paid up -
front by Avista. Should costs exceed the estimate, Avista will be billed for the balanae.
Should costs be less than estimated, the City will reimbursE Avista for the difference. -CONSOLIDATED IRRIGATION DISTRICT #19
District #19 plans to connect its water systems on the north and south sides of the
bridge, and has requested those plans be accommodated in the new bridge. The bridge
contractor will install equipment to support the water line and provide a 45-day work
window where District #19 can install its line. The estimated cost for the wor9c is
$214,200. Since District #19 is a public enti#y, the City can seek reimbursement once
billed by the contractor. We are asking for payment within 20 days of receipt of invoice. SPOKANE COUNTY UTILITIES
Spokane County plans to construct a sewage pump station north of the Spokane River
at some time in the future, and has requested the placement of a force main be
accommodated in the new bridge. The bridge contractor will install equipment to support
the sewer line, the sewer line and connection to the existing sewer system south of the
bridge. The estimated cost for the work is $208,200. Since Spokane County is a public
entity, the City can seek reimbursement once billed by the contractor. We are asking for
payment within 20 days of receipt of invoice.
QWEST COMMUNICATIONS
Qwest currently has nine conduits on the existing bridge that must be relocated. Qwest
has requested that four conduits be allowed on the new bridge. The bridge contractor
will install equipment to support the conduits, with costs paid by Qwest. The estimated
cost for the work is $142,500, to be paid up front by Qwest. Should costs exceed the
est:imate, Qwest will be billed for the balance. Should costs be less than estimated, the
City will reimburse Qwest for the d'rfference. • Attached are the draft agreements for each of the Utilfty Companies listed above, including
language addressing delays.
OPTIONS: 1) approve any, all or none of the agreements and authorize the City Manager to
execute those approved by Council, whether approved as drafted or modified; or (2) provide
additional direction to staff. -
RECOMMENDED ACTION OR MOTION: Move to authorize the City Manager or his designee
to finalize and execute the individual Barker Road Bridge Utility Agreements with Avista Utilities,
Consolidated Irrigation District #19, Spokane County Utilities, and Qwest Communications.
BUDGET/FINANCIAL IMPACTS: These agreements are for the reimbursement of costs
associated with adding utility facilities to the reconstructed Barker Road Bridge. There are no
impacts to the project budget with the execution of these agreements.
STAFF CONTACT: Steve M. Worley, Senior Capital Projects Engineer
ATTACHMENTS Utility Agreements: Avista Gas, Consolidated Irrigation District 19, Spokane
County Utilities, and Qwest Communications
DRAFT _
~ MEMORANAUI'I OF UNDERSTANDLA`G
BETWEEN THE CITY OF SPOKANFE VALLEY AND
AVISTA GAS FOR TgE CONSTRUCTTON OF THE BARKER BRIDGE
REPLACEMENT PROJECT ,
WHERE-AS as a part of its 2008 Transportation Improvement Program, the CI'fY OF SPOICANE
VALLEY (tlie CI'T'Y) intends to construct the 13arker Bridge Replacement Project (Aridge 1'roject) over
the Spokane R.iver. The work includes demolition of the existing bridge and widening the new bridge
locaied betvveen Mission-and Euclid Avenues. 'I"he purpose of the Agreement is to allow Avista Gas
•(Avista) adequate time to coordinate any relocation or placement of new lines.
V1HEREAS Avista Gas plans to extend its natural gas system to thc north side of the Spokane River in
conjunction witii the bridge replacement project. The new bridge will support a 6-inch diameter medium
density M.DPE gas main within a 10-inch diameter steel pipe casing. The casina pipe will be supported
beneath the bridge deck between the girders.
NOW TWERF,FORE, the CITY and Avista do hereby agree as follows:
ARTICLE 1- RESPONSIBII.ITIES OF THE CITY
1. Plans and specifications for the Bridge Project are being prepared by d1e CITY, and the
CITY intends to begin construction of the Bridge Project in 2008. The CITY anticipates
openi.ng bids for the Bridge Froject in the spring of 2008;
~ 2. Upon awarding a contract for the Bridge Project, the CI7Y shall have full conaol over the
resultant construetion contraet and shall be the administrator for the project;
- 3. Shall provide circular blockouts at the bridge intertnediate and abutrnent diaphragm walis, as
detailed on the drawings;
4. Shall furnish and install 10-inch diameter bare steel casing pipe, longitudinal anchors, and 2-
inch diameter black pipe steel casing vent system. The casing will extend approximately 5 feet
beyond the concrete bridge approach slab;
5. Shall furnish and install modular seal assembly (Link-Seal,) around casing pipe at abutment
wall openings; 6. Shall provide exc.avation, bedding, backfill, and aompaction for buried portion of •steel
casing pipe and casing vent system;
7. Shall provide continuous 45-r-alendar day work window (concurrent with work windows
provided for other utilities) for Avista Gas to install the 6-inch diameter MDPE natural gas
pipeline.
8. Shall provide at least rivo weeks notice prior to completing casing pipc installation.
ARTICLE 2- RESPONSIBiLITIES OF AVLSTA ~ 1. ShaU perform design of natural gas system coordinated with the bridge and roadNvay design;
2. Shall designate a"responsible person" who shal.l represent Avista's interest during the
A4rmoraivdum oE t3ndecstand'uig T3icker Bridge/A%asta - 2008 ' Poge I of 2
DRAFT
construction of the Bridge Projact, and shall coordinate any modifications or changes needed by Avista
in conjunction with the work; ' J
3. Shall furnish and install 6-inch diameter MDPE natural gas pipe, insulators for installation
within aasing pipe, valves, and connections to the exisking natural gas system; -
4. Shall provide excavation, bedding, backfill, and compaction for the buried natural gas pipe
installation, furnish and install casing pipe end seals;
5. Shall be responsible for the inspection and testing of all work and macerials which are solely relat0d
to the coitstrudion of the gas utility. Avista shall provide a representative to perfoml inspec,fiaaion duties
' relaLive to the conswction of the gas utility, as discus9ed above. '
ARTICLE 3- ALLOCATION OF COSTS
1. This Memorandum of Understanding, once fulty executed, shall establish a commitment by
Avista to pay the aclual costs that will be incurred for the installation of Avista utilities attached
to the BridDe Project. These costs are cunently estimated to be $87,400. Avista shall pay the
CITY the amount specified prior to any construction work on the Bridge Froject. Any
additional construction or modification beyond that shown on the contract drawings will be
coordinated witli the CITY and Avista and agreed upon prior to any additional work
beginning;
2. Avista shall obtain a permit from the CITY to perform work within the CTTY'S rioht-of-way for
. the relocation.
I
i
ARTICLE 4 - DELAYS If the City's contractor is delayed at any time outside of the 45-day Utility work window by an
unreasonable act or neglect of Avista or those acting for or on behalf of Avista, then Avista
shall indemnify, defend and hold the City, its officers, officials, employecs and volunteers
harmless from any and all claims, injuries, damages, losses or suits includiog attorneys' fees to
the e:Xtent arising out of or in connection with such delays, except for delays and damages
causad by the City. This provision may not be waived by the parties except in writing.
CTTY OF SPOKANF VALLEY:
T3y; Date: 2008.
David Mercier, City Manager
gy; Dabe: 2008.
Office of tttc Attorney
AVISTA GAS: ,
gy; Date: 2008.
Avista Gas Utility
Mcmorandum of Uiidccscanding Backec l3ridgc/Avism - 2008 Pagc 2 of 2
DTLA.F'T
MMORANDUM OF UNDERSTANDIPIG
BET'VVEEN T.WE CTTY OF SPOKANF VALLEY .4ND '
CONSOLIDATED IRRiGATIO1V DISTRICT NO. 19
ROR T'HE BIDDI1+1G & CONS'IRiJCTION OF TIIE BARKER BR]YIGE
I REPLACEIVIENT PROJEC'~.'
, WHEREAS as a psrt of its 2008 Transportation Improvernent Prog=, the CITY OF SPOKANE
~ VALLEY (the CI'TY) intends to cunstruct the Barker Bridge Replacement Praject (Bri dge Projea) over thr,-
Spokaxie River. The work includes demolition of the exisking bridge aod widening the new bridge located
between Atissian and Suc [td Avenues. Th e purpose of tlte Agrr,-ement is_to allow adequate #iime to coordinate
any rolocation ar placernent of new lines: Any cost that the contractor roay incur by providing itcros
' mentioned below shall be agreed by and cvordina#ed wifih the CITY arjd Consolidatcd , irrigatian
. DistrictNo, 19 Utility (DjstriotNo_ 19). .
. W1-LEitEAS District A1o_ 19 plans bo construct an intertie (Waterl3ne Project) between its watei system
zones north and south of the Spokane River, The planned Watcrline Project wil1 be a 12-inch diameter
i ductile iran vvaer main that extends from Riverway Larte~ #o nortl3 of the bridge. Tht portion of the watier
main supporked from rhe new bridge structure will bt insulated and con#aincd wifli in a 20-inch diameter
stnl casing pipe supported ben,-a.th the bridge declc betw= the girders.
WHEEREAS the CIT1' and Disisict No_ 19 agree #hst thc installatian af the Watei-linc Project in
conjunction wi#Lt the Brid¢e Pro}ect would beneft the ra#epsyers, taxpayers an d the traveling public. .
NOW THEREFORE, the CITY and the Dis#rict No. 19 do hereby agrec as follows:
~
AR'TICLE 1-RESPONSIBILITIES OF 'I'gE CLTY
i. Plans and specificatians far the Bridp Project are being preparcd by #1ie CITY, and #he
C11"Y intends to begin construction of the Bridge Praject in 2008. The CiTY has prepared
plans for the Waterline Project, together wrth technical specifications snd an associated sched ule
of bid items, The CFTY has included thase plans, technical specifications, and the ass06ated
bid schedule in the bid documents for fihe Bridge, Prvject, The CITY anticipates opening bids
for the Bridgi-, Project in the spring of 2048; ,
i
2. Upan awarding a contract for the Bridge Yroject, the CI`F'Y sha11 #tave fu 11 coaa-ol over tll e resultant oansiruction contract a[id slm] l be the a[iminis[ra#or #'or the cambined project;
3. Shall be responsible for sll aspeots of the construction and construction management
relative #o the Bridge Project including, but nol' limited to, irurnishing and installing casing pipe
~ support systiem (concre#e embeddod inserts, hanger rads, pipe roll assetz1blies, horizontal struts,
i etc,);
4. Shall provide circu3ar blockouCS at the bridgt intermediate and abutment diaphragm walIs, as .
det,ailed on the drawings; ,
5. Shal1 be responsible for furnishing and installing 20-inch diameter steel casing pipe,
complete witli a specified caating system and langitudinsl arxchors. The casing will extend
~ approxima#ely 5- feet beyond the concre#e, krri dge approach slab;
6. Sha11 be responsible for furnishing and installing rnoduIar scal assembly (Link-Seal"')
around casing pipe at abutment wall openings;
. Mernorandum of Understanding Barker BridgelConsolidatad Trrigation •--2008 Page ] of 3
DRAF'!'
Shall be responsibla to provide excavation, bedding, backfill, and compactian for buried
portion of steel casing pipe; - ~ /
i 8. Sha] l be responstble to pravide continuous 45-c,altndar day *ork window (concurren# with
work windows provided for o#hes utilitzes) for District No. 19 to install thc 12-inch diame#er
~ wa#er main.
I AR'irICLE 2- RESFOIVSIEILTIUS OF ~ONSOLIDATE.D DISTRICT NO. 19
, 1, The plans and specificat2ons for the consmuction of the Bridge Projact have been preparcd by the
CITY, District No. 19 will coordinate with the CITY and take reasonable measures to ens+.ire
, that the Waterline Project plans are cornpatible with the scope of work contemplated for the
Hrtdge Project,
2. Shall desigDate a"responsible pezson" who shall represent District NTO. 19's interest dUring the canstruction oftlie Bndge PYojoc.t, and sha11 connffimote any modifications or chauiges nmded by District
No, 19 in conjunction with the work; .
3. Sha1l perforin dasign of water system improvements coordinated wittt' the bridgc and ros.dway design; .
4. 17istrict's No.19's repres~e shai! provide tabulaukions of paY quantities to the CITY upon 48-haurs
notice to fa.cil italz thE pnepara6an of pay estirnar~ by the c11Y; .
5. Shal1 furnish and irisiall 12-inch daameter water mafn, imiulatian and slcids (for in5#ailation ~
within casing pipe), valves, and cvtu3ections to existing water system; .6. Shall provide excavation, backftll, and compaotion associa#ed with the buried vYater main
installation;
7, Shall perforrn hydrostatic testiAg and disinfection of die new wMr maiii sys#em, furttislt and
insta.ll casing pipe end seals; . S. Any modifications or changes to the WaterlitYe Projea by DSstrictNa, 19 sba11 be coardinated with
- and approved by th e CITY prior to impleinentation.
ARTICLE 3 - ALLOCATEO1+1 OF COSTS
1. This Meinorandum of Undmtanding, once fully executed, shall es#ablish a commitment by
Distnct No_ 19 ta reimburse the CI'CY for thasc constructinn c,asts associaoked with the Waterline
Project estimatetl lo be $214,20 0_ AII additional oosts assaciatiad with change orders andlar valid claim
for the Watierlirte Projoct shall be the respons ibility of 0 istrict No. 19;
i 2, The CTI'Y shall prepare morithlY pay estimates for the Wa#erline Fraject based upon the
#abuSations of PaY quantitieF, provided by #he Canoactor. District No. 1$ shail promptly review
. each pay estimate priar ta presentation by the CIT'Y to tl3c cortractor;
3. Upon the signing of i~ach pay estimate iay the Cl.7"Y and the contractor, the Cl'TY shall send an ~
invoice ta Distic# IVo. 19 for thow amounts ta be paid to ~3e City for work on the VJaterline Project. The
C1TY.shail include oopies ofthe signed p~y esfimates as apfachments to the snonthly invoioes to Dist~ct Memorandum ofUnderstaoding Bxrker 13ri dgelCansolidated Irrigation -2008 P agr e 2 of 3
D12AFT
O No. 19. District No. 19 shall pay the City, widiin 20 days of the receipt of the invoice, for all
canstruction costs due to the contractor in association with the Watcrline Project;
4. The Contractor shall obtain a permit from the CI7Y to perform work within the CITY'S right-
of-way for the Waterline Project. The CTIY is authorizel to charge its reasonable administrative vosts
incurred for preparing pay estimates, change orders, etc., for the Waterline Projcct to the permit.
ARTICLE 4 - DEI.AYS
If the City's contractor is dclayed at any time outside of the 45-day Utility worlc window by an
unreasonable act or neolect of District No. 19 or those acting for or on behalf of District No. 19,
then I7istrict No. 19 shall indemnify, defend and hold the Ciiy, its officers, officials, employees
and volunteers harmless from any and all claims, injuries, damages, losses or suits including
attorneys' fees to the extent arising out of or in conncction with such delays, except for delays
and damages caused by the City. This provision may not be waived by the parties except in
writing. CITY OF SPOKAAE VALLEY:
gy; Date: 2008. .
David Mercier, City ilAanager
.
o 2008
Office of the Attorney
DISTRICT NO. 19:
By; Date: 2008.
Consolidated Irrigation District No. 19 Utiliry
~ Memorandum of Understanding Bar4cer BridgelConsolidated Irrigation - 2008 Page 3 of 3
DRAFf ~ ME1VqORANDUM OF UNnERSTANDiNG
BETWEEN THE CTTY OF SPOKANE VALLEY AND
SYOKANE COU'1`'TY FOR TNE BIDDING & CaNSTRUCTION OF THE
BARKER BRIDGE REPLACEMENT PROJECT
WHEREAS as a part of its 2008 Transportation Improvemcnt Program, the CITY OF SPOK.ANE
VALLEY (the CI1Y) intends to coostruct the Barker Bridge Replacement Project (Bridge Project) over the
Spokane River. The worlc includes demolition of the existing bridge and widening the new bridge located
between Mission and Euclid Avenues. The purpose of the Agreement is to allow adequate time to coordinate
any relocation or placement of new lines. Any cost that the contractor may incur by providing items
mentioned below shall be agreed by and coordinated witli the CITY and Spokane County Public
Works, Division of Utilities.
VVHEREAS Spokane County (the COUNTY) plans to provide sewer service to the area north of the
Aarker Road Bridge in the future. To accommodate this, the COUNT'Y has requested a 6-inch diameter
PVC sanitaiy sewer force main supported from the bridge and installed within Barker Road from the
bridge south to Riverway Road and east along Riverway Road to an e.cisting County sewer manhole.
This worlc ("the SEWER PROJECT") is to he undertaken in conjunction with the BRIDGE PROJECT.
The portion of the force main on the bridge will be within a 12-inch diameter steel casing supported
beneath the bridge deck between the girders. '
WHER.EAS the CITY and the COLJNTY agree that the installation of the Sewer Project in conjunction
with the Bridgc Project would benefit the ratepayers, taxpayers and the traveling public.
~ NOW TI-iE12EFORE, the C11'Y and the COUNTY do hereby agree as follows:
0
ARTICLE 1-12ESPONSI.BIIIITIES OF THE CITY
1. Plans and specifications for the 13ridge 1'roject have been prcpared by the CITY, and the
CI"fY intends to construct the Bridge Project in 2008 and 2009. The COUNTY has prepared
plans, technieal specifications, and an assoeiated schedule of bid items for the SEVJER
I'1tOJECT. The CITY will incorporate the plans for the SEWER PROJECT, together with
technical specifiaations and the associated schedule of bid items, into the bid documents and
construction contract documents for the BRIUGE PROJECT;
2. 7he CITY, upon mvarding a contract for the Bridge Project, shall have full control over
the resultant construction contraet and shall bs the administrator for the combined project It is
understood that the CTTY shall use the lo-west responsive bid for the BRIDGE PROJ'ECT
portion of the Nvork as the basis of award; '
3. The CITY shall provide construction management services for road replacemenl for all
'paved areas above subgrade;
4. The CITY shall provide construGtion inspection of the SEWER PROJECf components
installed on the bridge structure, i.ncluding but not l.imited to: inspoction of the installation of the
casing pipe support system (conerete eanbedded inserts, hanger rods, pipe roll assemblies,
norizontal strutc, etc.), casing pipe and carrier pipe. 7'he CTI'Y shall ensure tfiat all components
of the SENVER PROJECT installed on the bridge structure are installed in accordancc with the
sgeciFcations;
Memorandum of U ndeistanding F3arker Bcidge/Councy - 2008 ' Pagc 1 oE 3
DRAFT
5. The CITY shall coordinate with c,he COCTNTY'S representative in' determining the
appropriate pay quantities' rclative to the SEWER PRO7ECT on progress gayments. The CITY
shall bc respansible for making progress payments for the SEWER PROJECT to the contractor
in accordance with the construction contract documents.
ARTICLE 2- RESPONSYBILITIES OF THE COUNTY
1. ?he COUNTY shall provide separate plan/profile and detail sheets and specifications for the
construction of the buried scwer pipe to the CITY; 2, Plans and speciFcations for tiie force main, casing, and support system on the bridge
structure have been incorporated into the contract dacuments for the BRIDGE PROJECT by the
CITY. The COUNTY has provided to the CITY the pipQ and casing size to be installed on the
bridge, and the CITY asswnes no responsibility for the adequacy of the sizing of the pipe and
casing;
3. The COUrFTY will coordinate with tlie CIT'Y and take reasonable measures to ensure that
the SEWER C'ROJECT plans are compatible with the scope of work contemplated for the
BRIDGE PROJECT;
4. Shall designate a"responsible person" wfio shall represent the COUNTY'S interest dwin;g the
construction of the l3ridge Project, and shall coordi.nate any modifications or changG,.s needed by the
COLTNTY in conjunction with the work;
5. Tbe COLJNTY shall be responsible for inspection and testing of the buried 6-inch diameter
foree main, including but not limited to pipe materials and installation, thrust btocks, and J
connection to the existing gravity se-wer system at Riverway Lane, as shown on the plans -
prepazed by the COUNTY;
6. The COUNTY shall be responsible for iuspection and testing of excavation, bedding,
backfill, and compaction of soil within the sewer trench up. to the top of the roadway subgrade;
7. The COUNTY shall provide a representative to perform the COUN"rY's inspection duties
relative to the construction of the SEWER PROJECT, as discussed above;
8. The COUNTY shall provide tabulations of pay quantities for the SEWER PROJEC'f to the
CITY within 2 business days of the CITY's request to facilitate the preparation of monthly
progress payments by the CI'I Y;
9. The COUNTY shall coordinate any modifications or changes to the SEVJER PROJECT with
the CITY and gain the CITY's approval prior to implementation.
ARTICLE 3- ALLOCATION OF COSTS "
1.1fiis Memorandum of Understanding, once fully executoi, shall establish a cvmminnent by the
COUNTY to reimburse the CI1Y for actual construction costs-associated with the sewer improvements,
currentty estimated to be $208 200.
2. All additional cosls associated with change orders for the SEVJER I'ROJECT shall be the F i_+\
responsibility of the COUNTY• The COUNTY's authorization shall be necessary to. validate
said cliange orders; ,
A4«nozandum af Undmtandin$ Barkrr 73r'sdge/CAUnty - 2008 I'age 2 of 3
DRAFT
3. The CITY shall prepare monttily pay estimates for the Sewer Project basad upon the tabulaeions of
pay quantities providcd by the Contractor. The COUNTY shall promptly review each pay estimate
prior to presentation by the CITY to the contractor,
4. Upon the signing of each pay estimate by the CITY and the contractor, flle CITY shall send an
invoice to the COUNIY for those amounts to be paid to the CITY for work on the Sewer Project 1'he
CITY shall include copies of the signed pay estimates as attachments to the monthly invoices to tiie
COUNIY. The Cou.nty shall pay the CTTY, witfiin 20 days of the receipi of the invoice, for all
construction costs due to the contractor in association with the Sewer Project;
5. The Contraator shall obtain a pertnrt from the CITY to perform work -vvithin the CITY'S right-of-
way for tlie Sewer Projec;t The CITY is authorizsd to charge its reasonable administrative oosts incurred
for preparing pay estimates, change orders, ctc., for Y1ie SeNver Project to the permit.
ARTICLE 4 - DELAYS
If the CTTY's contractor is delayed at any time outsidc of the 45-day Utiliry Nvork window by an
unreasonable act or neglect of the COUN1`Y or those acting for or on behalf of the COUNTY,
then the COUN'fY shall indemnify, defend and hold the Ciry, its officers, officials, employees
and volunteers harmless from any and all claims, injuries, damages, losses or suits including
• attorneys' fees to the extent arisino out of or in connection with such delays, except for delays
and damages caused by the City. 1 his provision may not be waived by the parties except in
writing. .
~ CITY OF SPUKAt~TE VALLEY:
By, Date:. 2008.
David Mercier, City Manager
' gy: Datc: 2008.
Office of the Attoniey .
COUNTY:
gy; Date: 2008.
Spokane County Public Works Utility
~
Dfanorandum of Uaclmtaasling Badier Beislgc/Couary -20OB , I'agc 3 of 3
DRAFT
~ MEMORANDUM QF iJNDERSTANDING
BETWEEN THE CITY OF SPOKANE VAT,LEY AND
QWEST CONLMUNICATION5 FOR'I'HE CONS'TRUCTION OF THE
BARKER BRIDGE REPLACEMENT PROJECT
NWHEREAS as a part of its 2008 Transportation Improvement Program, the CITY OF SPOKANE
VALLEY (the CITY) intends to construct the Barker Bridge Replacement Project (Bridge Yroject) over the
Spokane River. The work includes demolition of the existing bridge and widening the new bridge located
between Mission and Euclid flvenues. The purpose of the Agreement is to allow Qwest Communications
(Qwest) adequate time to coordinate any relocation or placement of new lines.
NVHEREAS Qwest currently has ni.ne (9) - 4'' diameter PVC conduits supported from the existing Barker
Road Bridge. Five of the nine conduits are in use witb one containing a fiber optic cable and four
containing copper cables. These facilities need Co be temporarily relocated by Qwest to accommodate
dcmolition of the existing bridge and construction of the new bridge. Qtivest has requested four - 4"
diameter Schedule 80 YVC conduits on the new bridge structure. The conduits witl conncet to a buried
utility vault located near each end of the bridge.
NOW 1'HEREFORE, the CITY and Qwest do hereby agree as follows:
ARTICLE 1- RESPONSIBILITCES OF THE CITY
1. Plans and specifications for the Bridge Project are being prepazed by the CIIY, and the
CI'1`Y intends to begin construction of the Iiridge Project in 2008. The CITY anticipatcs
O opening bids for the Bridge Project in the spring of 2008;
2. Upon awarding a contract for the Bridge Project, the CI1'Y shall have Full control over the
resultant construction contract and shall be the adm.inistrator for tiie project;
3. Shall provide circular blockouts at the bridge internlediate and abutment diaphragm walls, as
detailed on the d.rawings; 4. Shall fumish and install cooduit support system (concrete embedded inserts, hanger rods,
support bars, etc.);
5. Shall furnish and install four 4-inch diameter Schedule 80 PVC conduits;
6. Shall install Qwest-provided galvanized steel diaphragn plates and conduit seals at -
abutments; 7. Sball install Qw•est-provided utility vaults, including excavation, bedding, bac}cfill, and
compaction;
8. Shall provide excavation, bedding, backfill, and compaction for buried conduits between the
bridge abutments and the utility vaults; .
9. Shall provide continuous 45-calendar day work window (concurrent «<ith woric windows
provided for other ulilities) for Qwest Communications to connect its facilities to the new utility
~ vaults.
Memorenduan of Undersmuding Bark-er Bridsc/QWesc - 2008 ' Page 1 of 3 .
DRAFT
ARTICLE 2- RESPONSIBILITIES OF QWEST ~
1. Shall perform design of temporary and permanent communication systems coordinated with
the bridge and roadway design;
2. Shall designate a"responsible person" who sha11 represent Qwest's interest during the
canstruction of the Bridge Projoct, and shall coordinate any modifications or chan,ges needed by Qwest
in conjunction with the work;
3. Shall provide utiliry vaults, galvanized steel diaphragm plates, and conduits seals to bridge
contractor;
4. Shall furnish and install temporary facilities outside of the bridge contractor's work area to
allow demolition of the exiscing bridge and communication system conduits;
Shall furnish and install all communication system cables;
6. Snall furnish and install communication system conduits and cable to connect QwesYs
facilities to the new vaults at each end of the bridge.
ARTICLE 3- ALLOCATION OF COSTS •
1. This Memorandum nf Understandingo once fully executed, shall establish a commitment by
Qwest to pay the actual costs that will be incurred for the installation of Qwest utilities attached
to the Barker Bridge. Those costs are cunently estimated to be $142,500. Qwest shall pay
the CI1'Y khe amount specified prior to any construction work on the Bridge. Any additional
construction or modification beyond that shown on the contract drawings will be coordinated
witli the CITY and Qwest and agreed to prior to any additional work begins;
2. Qwest shall obtain a perm.it from the CITY to perform work within the C11'Y'S right-of-way for
the relocation.
ARTICLE 4 - DELAYS
If the City's contractor is delayed at any timc outside of the 45-tlay Utility work window by an
unreasonable act or neglect of QWEST or those acting fnr or on behalf of QNTJEST, then
QNVEST shall indemnify, defend and hold the City, its officers, officials; employees and
volunteers harmless from any and all claims, injuries, damages, losses or suits including
attorneys' fees to the extent arising out of or in connection with such delays, except for delays
and damages caused by the City. This provision may not be waived by the parties except in
writing.
Mcmorendum of Undetstanding Barker Bridgc/QWcst - 2008 Pagc 2 of 3
DRAFT
~
CI'TY OF SPOKANE VALLEY:
BY: Date; 2008.
Aavid Mercier, City vianager
sy: Datv,; 2008.
Office of the Attorncy
QwEsT:
Date: - Zoog.
Qw•est Communications
7A08 Poge 3 of 3
Mrmorindum oE Undcrstgnciing Basl:er Bri~ige/QWest -
CITY OF SPOKANE VALLEY
O Request for Council Action
Meeting Date: April 8, 2008 - City Manager Sign-off:
item: Check all that apply: ❑ oonsent ❑ old business ❑ new business ❑ public hearing
❑ information E admin. report ❑ pending legislation
AGENDA ITEM TITLE: Transportation Benefit District formation
GOVERNING LEGISLATION: RCVIJ 36.73
PREVIOUS COUNCIL ACTIOPI TAKEId: Discussion at winter retreat January 12, 2008;
administrative report January 15, 2008; administrative report February 12, 2008; Council
discussion about infrastructure funding options, instruc#ion to staff to proceed with drafting
legislation allowing fot establishment of a transportation benefit district.
BACKGROUND: The Washington Legislature amended RCW 36.73 during the 2007 session to
provide additional means for local jurisdictions to fund local road infrastructure improvements
and maintenance. The City Council gave direction to staff on March 25, 2008 to collect financial
information relative to formation of a transportation benefit district (TBD). Several requirements
needed to be satisfied in pursuing formation of a TBD.
1. Formation of a TBD was not an option to cities in Spokane Gounty until January 18, 2008.
The County had exclusive authority to form a TBD until that date, and since it did not do so, all
cities in the County then became eligible to form one.
2. A prerequisite for forming a TBD is that a regional transportation planning entity must have
~ identified the intended projects to be funded within an area-wide transportation plan. Here, that
was satisfied because the Spokane Regional Transportation Council (SRTC) has identified
maintenance/preservation of the City's existing roadway system as being important to the
regional transportation system in the 2007 Metropolitan Transportation Plan (2007 MTP).
Additionally, any capital projects to be funded through the TBD would be one's identified as
regionally significant projects in the currently adopted MTP. 3. An ordinance is required to form a TBD pursuant to RCW 36.73. Staff has been working on a
draft ordinance, which is attached for review and comment. Please note that this is a draft
only, and subject to change sti11.
Lastly, staff thought the Council would like to know the scope of vehicles that would be covered
by an annual vehicle fee increase. As such, a list of included and excluded vehicles drafted by
the Washington State Department of Licensing is provided for review.
OPTIONS:
RECOMMENDED ACTION OR MOTION: Council consensus for staff to bring the draft
ordinance to a first reading at a future meeting.
BUDGET/FINANCIAL IMPACTS: To be provided at a later date.
STAFF CONTACT: Cary P. Driskell
~ ATTACHMENTS: 1. Draft ordinance forming TBD
2. List of vehicles includedlexcluded from fee from DOL
!
DR4FT
~ C1TY OF SPOKANE V.ALLEY
SPQK.ANE COiJNTY, VVASHINGTON
ORDIIVANCE NO. 08-**t
AN ORDINANCE CREATlNG A TRANSPORTATION BENEFIT DISTRICT, SPECTFYING
TgE gQUNDARIES FOR THE TRANSPORTATION BENEFIT DISTRICT, AND SPECIFYING
TgE MAINTENANCE/PRESERVATION dF EXTS'TING TRANSPORTATION
IlVLPROVEMENTS, ANT TRANSPORTATION MZPROVEMENTS TO BE FUNDED BY THE
TRA.NSFORTATION BENEFIT DISTRICT LN THE CITY OF SPOKANT' VALLEY.
VJHEREAS, the City of Spokane Valley has the care and custody of all public ways within the
corporate limits of the City pursuant to RCW 35A.11.020; avd
NVI-IEREAS, propet care and custody of die public ways requ'ves maintaining.J/preserving exisCing
transportation improvements to avoid catastrophic failure of the improvements which would require
significant additional funds to reconstruct; and
NVHEREAS, the State of Washington provides approximately $2.1 million annually in funding
for maintenance/preservation of transportation i.mprovements to the Crty. IVlaintenanceJpreservalion of
transportation improvements includes snow eontrol (plowing, sanding, de-icing), pothole patching, street
ligbting, shouldcr repair, pavemenY removal and replacement, crack sealing, raad and bridge inspections,
weed c4ntrol, as cvell as odher miseellaneous aetivities;-and
WHEREAS, a eonservative estimate of the axnount of funds necessary for adequate
~ maintenance/preservation of esisting transportation improvements in the Cit}, for 2009 is $4.6 million;
and
WHEREAS, the City has limited transportarion funding options to pay for necessary
transportation improvement maintenance/preservation, ineluding formation of a transportation benefit
district pursuant to RCW 35.21225 and R.CW 36.73; and
WHEREAS, the City desires to form a Transportation Benefit District which includes the entire
City of Spokaue Valley as the boundaries currentiy exist or as they may exist in the future following
annexation of additiona) areas; and
NV-HEREAS, the 2007 Metropolitan Transportation Plan adopted by the Spol:ane R.egional
Transportation Council states in Section 6 that maintenance of existing road facilifies is an appropriate
use of fees generated by a local transportation benefit district; and
WHEREAS, the City does not currently have sufficient funcis with which to pay for
transportation capital improvements that are identified as necessary in the CiWs Comprehensive Plan, by
the Spokanc Regional Transportation Council as a project of regional significKinec, and that are necessary
to address existing or reasonably foreseeable congestion levels due to anticipated population and/or
density increases; and
VJHER.EAS, preserving/maintainina existing transportation improvements is the most cost-
effective way to address increased demand on the transportation system; and
~ WHERF-AS, the City Cauncil will propose a ballot item for imposition of an annual vehicle fee
for qualifying vehicles in the amount of'~.~" as set fortb in RCW 82.80.140. Of that amount, an estimated
Qrdinance 08-00• Fstablishiag Tm-uportation Benefit Districi F'$gc 1 of 3
DRAFI'
13 will be used for street maintenance/preservation, and an estimatedini will be used for capital projects
in the City that are of regional significance which are neccssitated by existing and reasonably foreseeable
congestion; and •
WHEREAS, the City Council shall establish a governing body comprised of the City Council.
NOW TI-iEREFORE, the City Council of the City of Spokane Valley, Spokane County,
Washington, ordains as follows:
Section 1. Purpos_e• 7"he purpose of this Ordinance is to establish a Transpartation Benefit
District pursuant to RCW 3521225 and RCW 36.73, as the City Council finds it is in the public interest
to provide adequate levels of fuoding for transportation improvement and maintenance/preseryation in
the City of Spokane Valley.
Sacdon 2. Creadon of New Chapter Providing for Formation of a Transportation Benefit
District. The City of Spol:ane Valley adopts a new chapter to the Spokane Valley Municipal Code, 3.85
entitled "'Transportation Benefit District," which is set forth as follows:
3.85.010 Establishine' Trancportation l3enefit District. There is created a
transportation benefit district with geographical boundaries comprised of the corporate limits of the City
as they currently ewst or as they may e?ust following future annexations.
3.85.020 Governine Board. .
A. The governing board of the transportatian benefit district shall be the Spol:ane Valley City
Council acting in an ex officio and independent capacity, which shall have tbe authority to exercise the
. staiutory powers set forth in RCW 36.73.
B. The treasurer of the tra.nsportation benefit district shall be the City Finance Director.
C. The board shall develop a material chanLe policy to address major plan changes rhal affect
project delivery or the ability co finance the plan, pursuant to the requirements set forth in RCVJ
36.73.160(1).
D. The board shall issue an annual report, pursuant to the requirements of RCVJ 36.73.160(2).
3.85.030 Transvortation Improvements Funded.
A. An esximated eighty percent (80%) of dhc funds generated by the transportation bene_fit district
shall be used to pay for maintenanceJpreservation of existing transportation improvements of regional
significance as identified by the Spokane Regional Transportation Council in the currently adopted
Metropolitan Transportation Plan, specifically including control of snow and ice, pothole patching,
pave-ment removal and replacement, gravel road g-ading, shoulder repair, crack scaling, bridge and mad
inspection, bridge repair, median ma-intenance, brush clearing and trce trimming, wced control, lif#er
control, traffic control, sigualization, signage, striping, and other similar on-~oing .maintenance tasks.
The expenditure items shall be identified each year in the City's street fund budget, and sball be
necessitated by existing and reasonably foreseeable congestion.
. ~
Ordinance 08-000 F.stxblishing Tracspa-tsticm BeneSt District Aagc 2 af 3• .
DRAFT
~ B. An cstimated twenty percent (20%) of the funds gencrated by tbe transportation benefit
district shall be used to pay for construction of new transportation facilities of regional sipific.ance
identified by the Cit)es Comprehensivc Plan and by the Spokane Regional Transportation Council in the
current7y adopted Metropolitan Transportation Plan, and which are aecessitated by existing and
reasonably foreseeable congestion. .
3.85.040 Establishment of Vehicle License Fee. The annual vehicle fee for the City is
established at-ff to be collected by the Washington Departrnent of Licensing on qualifying vehicles, set
forth in RCW 82.80.140 and Cbapters 36.73 and 46.16.
.
3.85.050 Sunset/I7epealer Provision. The code provisions adopted under Ordinance
08-00* shall terminate by operation oi' law six (6) years after collection of funds actually begins. The
code provisions adopted under Ordinanee 08-00* shall be repealed by operation of law and cease to e?~ist
within ninety (90) days of the CiTy's enactrnent of a street utility.
Secdon 3. Sevcrabilitv. If any section, sentence, clause or phrase of this Ordinance should
be held to bc invalid or unconstitutional by a court of competent jurisdietion, such invalidity or
unconstitutionality shal] not affect the validity or constitutionality of any other section, sentence, clause
or phrase of this Ordinance. I
Section 4. Effactive T)ate. This Ordinance shall become effective fve days after
publieation of the ordinance, or a summary t6ereof, in the official newspaper of the City.
Q Adopteci this day of , 2008.
City of Spokane Valley
Mayor, ftichard Munson
ATTEST:
City Cleck, Christine Bainbridge
Approved as to Form:
Offiec of the City Attorney
~
prc!inance 08-00' Esnblishing Transponadon Bcnefi[ Disuict Pagc 3 of 3
Page 1 of 2
WA State Licensing: Local transportation benefit district fees
Local transportation benefit district fees
A law passed in 2007 allows city or county governments to create local transportation benefit districts and impose a local vehicle
registration fee to fund local transportation projects.
How a transportation benefit district works
Once a local transportation benefit district is set up, the district's
board of directors may vote to charge a local vehicle licensing fee
due when a vehicle owner buys new tabs.
. The transportation benefit district board has the authority to
impose a fee of up to $20 per vehicle without voter eh cle enewal
. A transportation benefit district may impose a v
fee of up to $100 per vehicle or seek other sources of funding
. if approved by voters.
Vehicles subjert to fees
. Passenger vehicles
. Trucks that weigh 6,000 pounds or less
. Motorcycles
. Commercial passenger vehicles and trucks that weigh 6,000
pounds or less .
. Combination trucks that weigh 6,000 pounds or less
. Tow trucks
. House moving dollies
. Trucks used exclusively for hauling logs that weigh 6,000
pounds or less
. Taxicabs
. For-hire or stage vehicles with 6 seats or less
. For-hire or stage vehicles with 7 or more seats that weigh
6,000 pounds or less -
. Private use trailers over 2,000 pounds
. Motorcycle trailers . Travel trailers . Fixed load vehicles that weigh 6,000 pounds or less
. Mobile homes licensed as vehicles
Exempt vehicles
. All farm vehicles . Campers
. Off-road vehicles
. Snowmobiles .
. Mopeds
. Personal use trailers with a single axle and less than 2,000
pounds scale weight
4 „i .,,a ,.,,x,/.,Ph;r.leregistration/localfees.html 3/21/2008
WA State Li censi ng: Local transpartation benefit distri ct fees 1 page 2 of?
. Commercial trailers . : .
O , . Combknation .tratlers -
. Trailers used exclusively for hauling logs
. Horsefess carriagef collector, or mstored-plate vehicles . Converter gear
. Goverfiment vehicles = -
. Private school vehicles
. Vehicles properly registered ta disabled American veterans -
Districts and fees
No cities or counties are currentiy charging local transportatiori
benefit districti fees. .
Eligible vehicles
~ T
he ~Tra s., ortation Benefit D's~rict ~li ibilit l~}~ e~ort provides
' usefuG estimations to help cities and counties interested in setting
up a transportation benefit district. The report includes:
. Information about transportation benefit district lavus.
. A list of the types of veFiicles suhject to transportation beneit -
d+strict fees. ' . .
. Estirnated data showing the number of vehicles eligible fior the
$20 fee in fiscal year 2008 -T sorted by zlp cade, city, or
o ~~~nty. If you neeck more informatwon after viewing the report, cakl us at
(360) 902-3506 or send an ernail to KMatnis ciol.wa.gov.
I
i
~
~ .
-3 -1 :.,..-1-..-L:..1,.,...,..w#«n+.r..~~r,nn~~oar ~-.#.,ry} . ~JI~JJ.4l11~
O CITY OF SPOKANE VALLEY
Request for Council Action
Meeting Date: April 8, 2008 City Manager Sign-off:
Item: Check all that apply: ❑ consent ❑ old business ❑ new business ❑ public hearing
❑ information 0 admin. report ❑ pending legislation
AGENDA ITEM TITLE: Limited Term Maintenance/Construction Inspector
GOVERNING LEGISLATION: . PREVIOUS COUIdCIL ACTION TAKEN:
BACKGROUND: The City is preparing to go to bid on the Barker Bridge project. This project
will require a full-time construction inspector for the duration of the 18-24 month anticipated
construction period. Past practice has been to contract with consultants for the construction
inspections. In this case, staff is recommending that a limited term City Employee be hired to
fulfill these duties. Based on past contract experience, the savings to the City hiring a limited
term employee vs. contracting this service, would be approximately $160,000 -$220,000. This
includes consideration of City benefits and associated costs in acJdition to wages.
O Inspection services, whether contracted or performed by a City employee +rvill be funded by the
projec# budget. The City is cuRently using temporary City staff (construction inspector) for the Appleway Avenue
Reconstruction Project. Since this was a temporary position (6 months or less) formal council
approval was not required. .
The Maintenance/Construction Inspector position exists within the current Employee
Classification System but currentfy there is no full-time budget allocation for this position.
Therefore, Council approval is required in order to add this limited term position.
The alternative is to contract with CH2M Hill to provide inspection services as part of their
construction contract for the Barker Bridge. However, because the cost of tfie project has
increased from an original estimate of $8.1 million to $10 million, staff is seeking ways to.reduce
cost.
OPTIONS: Place this item to a future agenda for motion consideration.
Provide other direction to staff •
RECOMMENDED ACTION OR MOTION: Consensus to move this item forward to a future
agenda for motion consideration. BUDGET/FINANCIAL IMPACTS: Potential cost savings to project $160,000 -$220,000
~ .
STAFF CONTACT: Mike Jackson, Deputy City Manager
ATTACHMENTS I
s ?r'0F Putilic Works Depactment
. Caj~ital.:lmprovement`Program•
p -
O Vallew~. 11'707'E-SRrague:Ave,Suite;1A6 4'Spokane Valley vPA 99206
509:921'.,10fl0'1=fax;:5U9:92.1:1006.1~cifytiallmsookanevalley:org_
•
Information''al Me* m-o
Date:' filiarch,31, 2068: 'Dave.'NJ~r".ciec; Mike, Jacksqn, Ciry Council. Members.
FromKen Knufspn, Pr*o}ect-Ntanagei Sfeve:INor~ey; Senior Enginaer-Cl '
Ne'il,'Kersten,. PubNc VVork _st3irector Re;: Baiker Rogd ~ridge Praject:- DNR AquekG:linds Easemenk
. . •
Tti
e 'Cityof SpDl~ane Valley -receiyed aFedera_I Bcidge. Replacerrient: graiit co~ering1'00%0, oUthe 'cost, for replacemenf of'the~ Barker Rqad.'Bridge over tM'e, Spokarie Riuer...
The total bud§et fo.r.this project is~ app'roX'imately -$10,958,50.:0, v,rhich. inoIGdes City.-
funde.d. imp~o~~ements. and reimbursements_ ;6y utilities. as: -well -as the:- bridge:
r.eplacefrient'..
~ Partof'th& peYrnitting for'thisproject~ is. :a, r~,quir.ed easement from 'the:;Wastiingtor~ State.
DepartmEnt of Na#6ral Resour.ces. ~(.DNR). DNR~ is A4&property`owner of tecor.d for -the
becf ,of the spokane~ River, ;and ~as -p,'r~jects are :up.dated„ :e.asements- across :ONR-
. property are tequired aridlor updatod.aswell:
Public works.:and Legal' Department, staff: have: been working 'witti' 'DNR staff to, estabiis:h:
an -easemenf agreernent for the, Barker':Road ;B_ridge.:.
A copy- 9f :tFie propos~d` ea_sement is. -attached for-your-cpview;
P..,leasq~, let::us. krlow, if•y.ouvha.y,.e; an..y, °questi:, ;ns:0
.
STATE OF WASHINGTON • ~
DEPARTiVIENT OF NATURAL RESOURCES
- DOUG SUTHERLAl~`D, Commissioner nf Public Lxnds
AQUATIC LAl~'DS EASEMENT
TABLE OF CONTENTS ~
SECTION PAGE
1. . GRANT ANTTa LOCATION OF EASEMENT .................:..................................................1 '
, 1.1 Fasement Property 1
12 Construction and Access 1
1.3 Right of Third Parties 1
~ 1.4 Surveys, Maps, and Plans 2
2. PURPOSE OF EASEMENT ................................................................................................2 .
3. TERM 2
3.1 Term 2
4.. USE FEE ..............................................................................................................................2
4.1 Fee ...................................................................................................................................2
4.2 Late Charges and Interest 2 -
~ 43 Non-Waiver 2
5. N07'IFICATION OF ACTIVITIES ....................................................................................3
6. MAINTENANCE AND REPAIR OF EASEMENT AND IMPROVEMENTS .................3 ~
6.1 Grantee's Activities 3
~ 6.2 Restrickions on Use 3
7. INTERFERENCE VJTTH OTHER USES OF EASEMENT FROPERTY ..........................3
8. COMPLIANCE WITH LANVS ............................................................................................4 .
9. ENVIRONMENTAL LIABILITY/RISK ALLOCATION .................................................4
9.1 Iaef.nition . .............................................................................Y.............:.......................... 4
9.2 Use of Hazardous Substances . 4
9.3. Current Conditions, Duty of Utmost Care, and Auty to Investigate 4
9.4 Notification and Rcporting 5
~ 9.5 Indemuification ...............................................................................................................6
9.6 Cleanup 7
9.7 Sampling by State, 7Zeimburseinent, and Split Samples 7
9.8 Reservation of R.ights 8 -
10. PRESERVATION OF SUR.VEY CORNERS .....................................................................8
11. TERMINATION OF EASEMENT ................................................................:....................9
12. OWNERSIILP AND REMOVAL OF IMPROVEMENTS AND EQUIPMENT ...............9 '
12.1 Fxisting Impmvements 9
~ 12.2 Grancee-Owned Improvements 9
12.3 Construction ...........................................................................................................:........9
12.4 Performance Bond . .......................................................................................................10
~ 12.5 ' As Built Survey 10
12.4 Remova1 10 12.7 Unauthorized Improvements 11
- t ~
Form Date: ~fay, 2005 ]:asamcnL T~o. 51-081557
tgt A& I .
13. 1NDEMNITY .................................11
;
14. FIlNANCIAL SECURITY AND INSUR.ANCE .......................:............:...........................~2 ~J
' 14.1 Financial Security .
~ 14.2 1 nsurance 12
14.3 State's Acquisition of Insurance 14
15. TAXES AND ASSESSIvIENTS ........................................................................................14
16. ADVANCE BY STATE ....................................................................................................15 . .
17. -NOTICE ................................................................................:............................................15
18. ASSIGNIvIENT ....................:.............................................................................................15
19. SUCCESSORS AND ASSIGNS .......................................................................................15 ~
20. TIME IS OF THE FSSENCE ............................................................................................15
21. RFCORDATION ...............................................................................................................16
22. APPLICA13LE LAW AND VENLTE .................................................................................16
23. MODIFICATION ..............................................................................................................16
24. SURVIVA7 .......................................................................................:.......................:.........16
25. INVAL,IDITY ~ .17
. AS
VK
l
Form 17ate: MsY, 2005 2 Eascmcnt N0. 51-481557 ~
~ , - DRAFT
. STATE 4F WASHIlNGTON
DEPARTI!IENT OF NATURAL RESOURCES
. DOUG SUTHER.LA.NI), Commissioner of Public Lands
• AQUATI.C LANDS EASEMENT -
AQUATIC LANDS EASEMENT N4 51-081557 .
THJS EASEIv1ENT is madc by and behveen the STATF OF NVASHINGTON, acting throuah the
~ Department of Natural Resources ("State"), and C.iTY OF SPOKANE VALLEY, a government
agency/entity ("Grantee"). SECTION 1 GRANT AND LUCATION OF FASFMENT
1:1 Easement Froperty. State grants and conveys to Grantee a nonexclusive easement for a
term of years (the "Eascment") over, upon, and under the property described in Exhibit A(the
"Easement Properiy"). 1.2 Cnnstruction and Access. To the extent it can do so without Niolating 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 egress to gain access to the
Easement Property and to construct improvemenis on and mai.ntain and repair the Easement Property. • 1.3 Right nf Third Parties. This Easement is subject to all valid interests of third parties
noted in the records of Spokane County, or on filc in the offiice of the Commissioner of Public
Lands, Olympia, Washington; rights of the public under t.ie Public Trust Doctrine or the federal
navigation scrvitude; and tYeaty rights of Indian Tribes. Not included in this Easement are any
right to harvest, collect or damage any natwal resource, including aquatic life or livi.ng plants,
any water rights, or any mineral rights, including any right to excavate or withdraw sand, gra,%,el
or other valuable materials State makes no representations regazding access to the Easement
~ Property. .
Form Date: May, 2005 1 Easement No. 51-081557
1.4 Surveys,lMaps, and Plans. In executing this Fasement, State is -relying upon the -
. surveys, plats, didgrains, and/or legal descriptions provided by Grantee. Gr'antee is not relying
upon and State is not maldng any representations about any surveys, plats, diagrams, and/or legal •
descriptions provicied by State. ,
SECfiION 2 PURPOSE OF EASEMEN'T DKAFT
This Easement is granted for the purpose of and is limited to constructing, installing, operating,
maintaini.ng, repairing, replacing, a.nd using the Bazker Road $ridge v*ith a new improved
bridge, followed by ogeration and maintenance of the new bridge. The new bridge will havc alarger worlang surface and a smaller foundation footprint ("Permitted Use").
. SECTION 3 TERM 3.1 Term. The term of this Fasement is thirty (30) years, beginn.ing on the 1 st day of October, 2007 (the "Commencement Date"), and endi.ng on the 30th day of Septemher, 2037(the .
"Ternunation Date"), unless terminated sooner under the terms of this Easement.
S~CTION 4 USE FEE
4.1 Ree. Pursuant to RCW 79.110.230 and RCW 79110.240, so long as the Permitted Use is
consistent with the purposes of RCW 79.105.010 th.rough RCW 79.105.210 and does not
obstruct navigation or other public uses of Spokane R.iver and its surrounding waters, this use is-
Granted to governmeat owned public utilities for the cost of administrative fees associated with
the processing of the application and document, plus lhe cost of admini.strative fees associated
a6th the processing of any futttre application made xvith respect to this easement for the term
specified in Section 3.1 (Term Defined). The use fee specitied pursuant to RCW 79.110.240 .
shall be paid upon execution of this easement. Any administrative fees shall be paid vvithin ,
thirty (30) days after a bill is submitted to Grantee. Nothing in this subsection shall preclude
State's ability to charge Grantee a fee for any i,mpacts to natural resources on or adjaccnt to the
Eascment Properry that are directly or indirecdy associated vvith the Pernutted Use or Grantee's
use or nccupation of the Easement Properly.
4.2 Late Charges and Interest. If any use Fee is not received by StaYe within ten (10) days
of the date due, Grantee shall pay to State a late charge equal to four percent (4%) of the amount
of the payment or Fifty Dollars ($50), whichever is greater, to defray the overhead expenses of
Staie as a result of the delay. If any use fee is not paid within thi.rty (30) days of the date due,
then Grantee shall, in addition to paying the late cbarges established above, pay interest on the .
amount outstanding at tbe rate of one percent (1.%) per month until gaid.
4.3 Non-Waiver. State's acceptance of a use fee shall not be construed to -be a waiver of any
preceding or existing breach other than the failure to pay the particular use fee that was accepted.
EasementNo.51-081557
Form Date: May, 2005 2
_ DRAFT,
~ SFCTIOn` 5 NOTIFICATION OF ACTIVITIES
Except i.n the case of an emergency, Grantee sball provide State with written notice of any
' construction or other'significant activity on the Easement Property at least tluriy (30) days in
advance. In cases of emergency, Grantee shall notify State of such activiry no later than five (5)
. days after such activity commences. "Significant activity" means any activity that might affect
State's or public's use or enjoyment of Easement Property and any surrounding state-owned
aquatic lands or the waters. ' SECTION 6 1ViA1N'Y'ENANCE ANDREPAIR OF EASEMENT AND IlVIPROV.EMENTS
6.1 Grantee's Activities. Grantee shall promptly repair, at its sole cost, all damages to any
improvements on the F-asement Property, to the Easement Property, or to any natural resources
which are eaused by Grantee's activities. All work performeci by Grantee shall be completed in a
- cazeful and worker lil:e manner to State's satisfaction, free of any claims or liens. Upon
completion of any Nvork performed by Grantee, Grantee shall remove all debris and restore the
. Fasement Property, as nearly as possible, to the condition it was in prior to commencement of
the work.
6.2 Restrictions on Use. GrantcE shall not cause or permit any damage to natural resources
on thc Easement Property. Grantee shall also not cause or permit any filling activity to occur on the EasemEnt Property. This prohibition includes any deposit of rock, earth, ballast, refusc, O garbage, waste matter (including cbemical, biological or toxic wastes), hydrocarbons, any other pollutants, or other matter in or on the Easement Property, except as approved in Nvriting by
State. Grantce shall neither commit nor allaw waste to be committcd to or on the Fasemcnt ,
Froperty. If Grantee fails to comply with all or any of the restrictions in use set out in this
Subsection 6.2, State may take any steps reasonably necessary to remcdy such failurc. Upon
demand by State, Grantee shall pay all cosls of such remedial action, including, but not limited
to, the costs of removing and disposing of any material deposited impraperly on the Easement
Progerty. This section shall not in any way limat Grantee's liability under Sec6on 9, helow.
T6e prohibitions in this section against damage to natural resources, filling, deposition of any
unapproved materials, and waste, shall also apply to protect state-owned aquatic lands adjacent
to the Property fi-om any of Grantee's activities related to Grantee's accupation of'the Property.
All obligations imposed by this section on Grantee to cure any violation of the prohibited
activities in this section shall also extend iv state-owned aquatic lands adjacent to the Property
when the violation arose from Grantee's activities related to Grantee's occupation of the
Property.
SECTION 7INTERFERFNCE WITH OTHE, R USES OF EASEMENT PRUPFRTY
Grantee shall exercise its rights under this Easement so as to minimize and avoid, ta the fullest
extent reasonably possible, interference with State's use of the Easement Property or lArith the
public's right to usc Spokane Itiver for purposes of recreation, navigation, or commerce
~ including rights under the Public Trust Doctrine. Any 'vnprovements constructed by Grantee on
Form Date: May, 2005 3 • EasementNq. 51-081557
. ~
.
the Easement Properiy sball be placed and constructed so as to allow, to the fullest extent ~
reasonably possible, unobstructed movement through the water column in the Easement
Property. -
SECTION 8 COMPLIANCE WITI3 LAWS Crrantee shall, at its own expense, conform to all applicable laws; regulations, permiis, orders, or
rcquirements of any public authnrity affecting the Easement Property and thc Permitied Use.
Upon request, Grantee shall supply State with copies of •permits or orders. .
. SEC'TION 9 ENVIRONMENTAL Li.ABILITY/RISK ALI.OCATION •
9.1 Definition., "Hazardous Substance°" means any substance which now or in thc fulure
becomes regulated or defined under any federal, state, or local statute, ordinance, rule,
regulation, or' other law relating to human health, environmental protection, contami.nation or ,
cleanup, including, but not lim.ited to, the Comprehensive Fnvironmental Response, .
Compensation and Liability Act of 1980 ("CEFZCLA"), 42 U.S.C. 9601 et seq., and
Washington's Model Toxics Control Act ("MTCA"), RCW 70.1 O5D.010 et ,sey. . .
9.2 _ Use of.Bazardous Substances. Grantee covenants and agrees that Hazardous Substances will not be used, stored, generated, processed, transported, handled, relcased, or
disposed of in, on, under, or above the Easement Property, except in accordance with all
applicable laws. .
, -
~
9.3 Current Conditions, Duty of Utmost Care, and Auty to Invesdgate. (a) NVith regard to any Hazardous Substances that may exist in, on, uuder, or above
the Easement Property, State disclaims any and all responsibility to conduct
investigations, to review any State records, documents or files, or to obtain or
supply any information to Grantee. -
(b) Grantee shall exercise the utmost care with respect to both Hazardous Substances
in, on, under, or above the Easement Property as of the Commencement Date, and
any Hazardous Substances that come to be located in, on, under, or above the
Easement Properry during the Term of this agreement, along with the foreseeable
acts or omissions of third parties affecting those Hazardous Substances, and the
foreseeable consequences of those acts or otnissions. The obligation to exercise
utmost care under lhis Subsection 9.3 includes, but is not limited to, the following
requirements:
. (1) Grantee shall not undertake activities that will cause, contribute to, or
exacerbate contamination of the Easement Property;
(2) Grantee shall nAt undertake activities that damage or interfere with the
operation of remedial or restoration activilies on the Fasement Property ar _
" undertal:e activities that result in human or environmental exposure ito
Porm Datc: May, 2005 4 . Easement No. 51-081557
contaminated sediments on. the Easement Properfy except as required for
~ the Permitted Use provided that any 'such exposute requircd by fhe
Permitted Use is in compli'ance with all applicable hcalth, safety and '
environmental laws and regulations." ; .
(3) Crrantce shall not undertake any activities that result in the mechaniGal_ or
. chemical disturbance of on-site habitat mitigadon; .
(4) If requesied, Grantee shall allow reasonable access to the Eascment _ Froperty by employees and authorized agents of the Environmental Protection Agency, the Waslungton Statc Department of Ecology, or other
similar environmental agencies; and : (5) If requested, Grantee shall allow reasonable access to potentially liable or
responsible parties who are the subject of an order or conseat decree
wluch requires access to the Easement Property. Grantee's obligation to
provide access to potenrially liable or responsible pardes may be
conditioncd upon the negotiation of an access agreement with such parties,
provided that such agreement shall not be unreasonably ~Nithheld.
(c) It shall be Grantee's obligation to gather sufficient information concerning 1:he
Easement Froperty and the existence, scope, and location of any Hazardous
~ Substances on the Easement Froperty, or adjoining the Easement Property, that • .
allows Grantee to effectively meet its obligations under this Easement.
9.4 Notificadon anci Reporting. (a) Grantee shall immediately notify State if Granfee becomes aware oF any of the
following: '
(1) A release or threatened release of Nazardous Substances in, on, under, or
abo<<e the Easement Properly, any adjoining property, or any other
property subject lo use by Grantee in conjunction with its use of the
Easement Property; 5~(2) Any problem or liability related to, or derived from, the presence of any
~ Hazardous Substance in, on, under, or above the Easement Property, any
~ adjoining property, or any other property subject to usc by Grantee in
~ conJ'uncdon with its use of the Easement ProPe
m';
(3) Any actual or alleged violation of any federal, state, or lncal statute, ordinance, rule, regulation, or other law pertaining to Hazardous
Subsiances with respect to the Easement Property, any adjoining properly,
or any other properly subject to use by Grantee in conjunction with its use
of the Easement Property;
0 Form Date: May, 2005 5 E~ment No. 51_081557
(4) Any lien or aclion Nvith respect to any of the foregoing; or, -
• , . % J '1
(S) Any notification firom-the US EnNironmental Protection Agency (EPA) or
thc Washington State Deparcment of Ecology (DOE) that rcmediation or
removal of Hazardous Substaiices is or may be rcquired at the Easement ,
PropErty. .
(b) Grantee shall, at State's request, provide Stiate with copies of any and aU reports,
studies or audits which pertain to environmental issucs or concems and to the
Easement Property, and which were prepared for Grantee and submitted to any
, federal, state or local authorities pursuant to any federal, state or local permit,
- license or law. These permits include, but are not limited to, any National
Pollution Discharge Elimination System Permit, any Army Corps of Engineers
.permit, any state Hydraulics Project Approval, any.state Water Quality
Certification, or any Local Shoreline permit.
9.5 IndcmniTication. .
(a) Grantee shall fuliy indcmnify, defend, and hold State harm.less from and against
any and all claims, demands, damages, natural resource dainages, response costs,
remcdial costs, eleanup costs, losses, liens, liabilities, penalties, fines, lawsuits, .
other proceedings, costs, and expenscs (including attomeys' fees and
. ' disbursements), that arise out of, or are in any way related to:
,
~
(1) The use, storage, generation, Processing, transPortation, handling, or ' f
disposal of any Hazardous Substance by Grantec, its subgrantees,
contractors, agents, employees, guests, invitecs, or affiliates in, on, under,
~ or above the Easement Property, any adjoining property, or any other
~ property subject to use by Grantee in conjunction with its use of the
~ Easement Properiy, during the Term o£ this Easement or during any time
~ when Grantee occupies or occupied the Easeinent Property or any sucb
~ other property;
(2) The release or threatened release of any I-Iazardous Substance, or the
exacerbatioa of any Hazardous Substance contaminatioq in, on, undei, or
above the Easement Property, any adjoining property, or any other
property subject to use by Grantee in conjunction with its use of the
Easement Property, which release, threatened release, or exacerbation
occurs or occurred during the Term of this Easement or during any time
when Grantee occupies or occupied the Easement Property or any such .
other property and as a result of: (i) A.ny act or omission of Grantee, its subgrantees, contractnrs,
agents, employces, guests, invitees, or affiliates; nr,.
Form Uate: May, 2005 6 Easement No. 51-081557
~ (ii) •Any foreseeable act or omission of a third party unless Grantee -
exercised the utmost caze with respect to the foreseeable acts or
omissions of the third party and the foresecable consequenees of
' those acts or omissions.
(b) In addition to the indcmnifications providecl in Subsection 9.5(a), Grantee shall _
fully indemnify State for any and all damages, liabilities, costs or expenses'
(including attorneys' fees and disbursements) that arise out of or are in any way related to Graatee's breach of the obligations of Subsection 9.3(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 which are not characterized as a release,
threatened release, or exacerbation of Hazardous Substances.
9.6 Cleanvp. If a releasc of Hazardous Substances occurs in, on, under, orabove the
Easement Property or other State-owned property arising out of any action, inaction, or event
described or referred to in Subseciian 9.5, above, Grantee shall, at its sole expense, promptly
take all actions nccessary or advisable to clean up the Hazardous Substances. Cleanup actions
shall include, without limitation, removal; containment and remedial actions and shall be
performed in accordance with all applicable laws, rules, ordinances, and permits. Grantee's
obligation to undertake a cleanup of thc Easement Property under this Subsection 9.6 shall be
limited to those instances where the Hazardous Substances exist i.n amounts that exceed the O threshold limits of any applicable regulatory cleanup standards. Grantee shall also be solEly
responsible for all eleanup, admi.nistrative, and enforcement costs of governmental agencies,
. ineluding natural resource damage claims, arising out of any action, inaction, or event described
or referred to in Subsection 9.5, above. Grantee may undertake a cleanup pursuarif to the
Washington State Departrnent of Ecology's Voluntary Cleanup Program, provided that: (1) A.ny
cleanup plans shall be submitted to State (UN1Z) for revieNv and comment ak least thirty (30) days
' prior to implementation (except in emergency situadons), and (2) Grantee must not be in breach
of this Easement. Nothing in the operation of this provision shall be construed as an agreemcnt
by State that the voluntary cleanup complies vvith any laws or with the pmvisions of this
Easement. 9.7 Sampling by State, Reimburscment, and Split Samples..
(a) State may conduct sampling, tests, audits, surveys, or investigations ("Tests") of
the Easement Properiy at any time to detemune lhe existence, scope, or effects of
Hazardous Substances on the Easement Froperty, any adjoining property, any
other property subject to use*by Grantec in conjunction with its use of the
Easement ProFerty, or any natural resources. If such Tesis, along with any other
. information, demonstrates the existence, release or threatened release of
` Hazardous Substances arising aut of any action, inaction, or event described or
referred to in Subsection 9.5, above, Grantee shall prompdy reimbwse State for
all costs associated with such Tests.
~
Form Date: May, 2005 7 DRAFT Ease.ment T'o• 51-08I 557
(b) State's ability to seek reimbursement for any Tests under this Subsection shall be
conditioned upon State providing Grantee written notice of its intent to eonduct '
any Tests at least thiriy (30) calendar days prior to undertaking such Tests, unless ~
. such Tests are performed in response to an emcrgency situation in which case
State shall only be required to give such notice as is reasonably practical.
(c) Grantee sha11 be entitled to obtain split samples of any Test samples obtained by
State, but only if Grantee pravides State with written notice requesting such samples within riventy (20) calendar days of the date Grantee is deemed to have
rcceived notice of State's intent to conduct any non-emergency Tests. The additional cost, if any, of split samples shall be bome solely by Gra.ntee. Any
additional costs State incurs by virtue of Grantee's split sampling shall be
reimbursed to State within thirty (30) calendar days after a bill witti .
documentation for such costs is sent to Grantee. (d) Within thirty (30) calendar days of a writYen request (uriless othenvise required
pursuant to Subsection 9.4(b), above), either garty to this Easement sball provide
_ the other party with validated final data, quality assuranceJquality control
inf.ormation, and chain of custody inforniation, a.SSOCiated with any Tests of the
Easement Property performed by, or on behalf of, State or Grantee. There is no
obligation to provide any analy-tacal suinmaries or expert opinion work product. 9.8 Reservation of Rights. 'The partie's have agreed to allocate certain env-i.ronmental risks,
liabilities,'and responsibilities by the tcrms of Section 9. With respect to those environmental •
liabilities covered by the indemnification provisions of Subsection 9.5, that subsection shall - exclusively govem t}.ie allocation of those liabilitics. `Vith respect to any environrnental risks,
liabilities, or responsibilities not covered by SubsECtion.9.5, the parties expressly reserve and do
' not waive or relinquish any rights, claims, immunities, causes of action or defenses relating to
fihc presence, release, or thxeatened release of Hazardous Substances in, on, under, or abovc the
Easement Properiy, any adjoining property or any other properly subject to use by Grantee in conjuncdon with its use nf the Easement Property that either party may have against the other
under federal, state or local laws, including but not limited to, CERCLA, MTCA, and the
' common law. No right, claim, immunity, or. defense either party may have against thi.rd parties
is affected by this E-asement and the parties expressly reservc all such rights, claims, immunities,
and defenses. Thc allocations of risks, liabilities, and responsibilities set forth above do not
release either party from, or a.ffect either party's liability for, claims or actions by federal, state,
or lacal regulatory agencies conccrning'Hazardous Substances. .
. SECTION 1.0 PRESERVATION OF SURVEY CORNERS Grantee shall excrcise the utmost care to ensure that all legal land subdivision survey comers and .
witness objects are preserved. If any survey comers or witness objects are destroyed or
disturbed, Grantee shall reestablish them by a registered professional engiueer or licensed land
surveyor in accordance with US General Land Office standards, at Grantee's own espense.
Corners and/or witness objects that must necessarily be disturbed or destroyed in the process of
consfruction of improvements must be adequately referenced and/or replaced in accordance with
Fcum Dute: May, 2005 8 EascmentNo. 51-0$1557
DFR"AFT
DRAFT .
O. all applicable laws and regulations.in force at the time, including, but not liulited to,
Chapter 58.24 RCW. The references must be approved by State prior to removal of the survey
corners and/or Nvitness objects.
' SECTION ll TERMINATION OF EASEMENT
This Easement shall terininate if Grantee receives notice from State that Grantee is in breach of _
this Easement and Grantee fails to curc that breach xvithin sixty (60) days of State's notice. If the
breach is not reasonably capable of being eured within the sixty (60) days, Cirantee shall
commence the cwe within the sixry (60) day period and continue the cure with diligence until completion. In addition to terminating this Easement, State shall have any other remedy '
available to it. State's failure to exercise its right to termi.nate al any time`shall not waive State's
right to terminate for any future breach. If Graniee ceases to use the Easement Property for ihe
• purposes set forth in this Easement for a period of five (5) successive years, th.is Easement shall
terminate without further action by State and Grantee's rights shall re<<ert to State. This •
Easement may also temunate if Grantee provides Statc with sixty (60) days written notice of its
intent to term.inate the Easement, in a form satisfactory to Stdte.
SECTION 12 OWNERSHIP ANll rtEMOVAL OF IlVIPROVEMEN'fS AND
EQUIPMENT 12.1 Ex.isting Improvements. On tlle Com.mencement Date, the folloAnng improvements are
~ located on the Easement Property: The old bridge is a 478' 6-span, cast-in-place concrete
haunched T-beam bridge and Nvill be replaced Nvith a 3-span superstructure, abutments, and a
. system of pre-stressed concrete girders supporting a cast-in-place concrete deck slab within thc
same road right-of-way. The replacement bridge will be approximately 71 feet Nvide and 504 feet
long.. The improvements are Existing Improvements. •
12.2 Grantee-Owned Improvements. So long as this Easement remains in effect, Grantee
shall retain oAmership of all existing improvements, and all improvements and trade fixtures it
may place on the Easement Property (collectivel}i "Grantee-Ow-ned Improvements"). Grantee-
ONvned Iinprovements shall not include any constrvction, reconstruction, alteration, or addition
to any Unauthorized Improvements as def ned in Subsection 12.7 below.
123 Construction. No Grantee-Chvncd Improvcments shall be placed on the Easement
Property without State's prior writtcn consent. StatE's conscnt has been granted for the initial construction of any improvements identified in the Plan of Operations (Exhibit Prior to any
conslruction, alteration, replacement, removal or majUr repair of any improvements (whether
State-Qwned or Graniee-Owned), Grantee shall submit to State plans and specifications which
describe the proposed activity. Except in the case af emergency repairs, such work shall not
commence until State has approved those plans and specifications. State shall have sixty (60)
days in which to review the proposed plans and specif cafions. The plans and specifiications shall
be deemed approved unless State notifies Grantee othemrise with.in the sixty (60) days. In the
case of emergency repairs, Grantee shall notify State within five (5) business days of the start of
- . • -
Form Datc: lvtay, 2005 9 EascmcntNio. 51-081557
DRAFT -
such repairs and shall provide State with the proposed plans and specifieations for the repairs if
requested. ~
12.4 Performance Bond. Except in ttie case of emergency rcpairs, no construction
work of any kind sha11 commence undl Grantee has obtained a performancc and payment bond
in an amount equal to 125% of the estimated cost of construction. State may require Grantee to
obtain a performance and payment bond for emergency repair work that has been initiated. The
performanee and payment bond shall be maintained until the casts of construction, including a11 .
laborers and material persons, have been paid in full. .
12.5 As Built Snrvey. Ugon completion of construction, Grantee shall promptly provide State
with as-built plans and'specifications. In those cases where new improvements are approved, or
where the locataon of any improvements is changed, Grantee may be required to provide an as-
built survey of the Ea.sement Property. ' • .
12.6 Removal. Upon thc termination of this Easement, Grantee shall remove or retire any
improvements located upon the Easement Propcrty in accordance vvith the provisions of this
Subsecdon and shall restore the Easement Properiy to a condition substantially si.milar to its natural state prior tv the consiruction and operation of the improvements. (a) Notification. Prior to, or within one hundred eighty (180) days after, the
. Termination Date, Grantor shall notify Grantee in writing whcther it intends to
requirc the removal of the improvements or whether the improvements shall he
abandoned in place. In the event Grantor fails to provide any notice of its inteni, . Grantee shall remove tlie improvements in accordance with the provisions of this
Subsection.
(b) Removal. In those cases where the improvements shall be removed, Grantee
agrees to provide aNvritten plan, to be approved in Nvriting by Grantor, for the .
removal of the improvcments and for the restoration of the Easement Property.
ThE plan shall identify a timeline for removal and restoration, shaU identify any
impacts to the Easement Properly, associatcd natural resources, or surrounding
lands and resources, and shall identify any measures needed tn restore the
Easement Property. In those cases where Grantor determines that the proposed
removal would disrupt existing state-owned 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 Grantee that the i.mprovements must be abandoned
in place in accordance with the pravisions of this Subsection. .
• (c) Abandonment. In those cases where the improvements shall be abandoned in place, Grantee agrees to provide a written plan, to be approved in writing by
Grantor, for abandonment and restoraLion. The plan shall identify a timeline for
abandonment and restoration, shall identify the location of the improvements,
shall propose a suitable means for plugging any abandoned pigelines, shall
identify the means for notifying tlie public of the existence of any abandoned .
improvements, and shall identify. any meastues needed to restore the Easement
, Focm Date: May, 2005 10 Easement No. 51-081557
. "A ~ F T .
~ Property. In those cases where Grantor determines that the proposed
abandonment would be detrimental to the long-term use and management of the
state's lands and resources, Grantor may notify Grantcc that the improvements .
must be removed in accordance with the provisions of this Subsection.
' (d) Plans for R.emoval'or Abandonment. Grantee shall provide the plan for removal
- or abandonment within ninery (90) days after the actual or deemed noti.fication of '
Grantor's removal or abandonment requirement is provided. Grantor shall then
have ninety (90) days in Nvhich to approve or reject the plan. Grantor's failure to
respond within the timc allowed shall be deemed an approval of the plan.
- (e) Costs to Remove or Abandon, and to Restore. Grantee agrees' to undertake the
removal and disposal of the improvements, or the abandonrnent of the
improvements, and the restoration of the Easement Property, at its sole cost and
expense. Grantee agrees to perTorm any removal and restoration activities in a
prompt and expeditious manner upon approval of any plans. 1f Grantee fails to
timely meet its obligations under t}us Subsection, Grantor may perf.orm Grantee's
obligations and seek reimbursement. '
(f) ONvnErship of Abandoned Improvements. Any improvements that are allowed to
be abandoned in place shall become the property of Grantor without any payment
by Grantor. _
~ To the extent that Grantee-Owned Improvements i.nclude items of personal property which may
be removed from the Easement 1'ropcrty without harming the Easement Properly, or diminishing
the value of the Easemcnt Property or the improvements; Grantor asserts no ownership interest in
these improvements unless the parties agee otherMse in writing upon termination of this
Easement. tlny Grantce-Owncd Improvements specifically idcntified as personal properly in
Eachibit A or B shall be treated in accordance with this provision.
12.7 iJnauthorized Improvemcnts. Improvements made on the Easement Property without
State's prior v~Titten consent or which are not in conformance with the plans submitted to and
approved by State ("Unauthorized lmprovements") shall immediately become the properEy nf
State, unless State elects otherwise. Regardless of ownersh.ip of Unautborized Improvements,
State may, at its option, require Grantee to sever, remove, and dispose of them, charge Grantee
rent for the use of them, ar bolh. If Grdntez fails tn remave an Unauthnrized Improvement upon
request, State may remove it and eharge Grantee for the cost of removal and disposal.
SECTION 13 INDEMNITY
Grantee shall indemnity, defend, and hold harmless State, its employees, ofEcers; and agents from any and all liabiliiy, damagcs (including damages to land, aquatic life, and other natural
resources), expenses, causes of action, suits, claims, costs, fees (including attorneys fees),
penalties, or judgments, of any nature whatsoevEr, arising out of the use, occupation, or control
of Ylie Easement Property by Grantee, its contracfnrs, subcontractors, inNitees, agents, employees,
licensees, or permittccs, cxcept as may arise solely out of the willful or negligent act of State or
Form Date: May, 2005 _ i l Easranant No. 51-081557
ul<AFT
State's elected officials, employees, or agents. To the eatent-that RCW 4.24.115 applies, Grantee
shall not be_ required to indemnify, defend, and hold State harmless from State's sole or
_ concurrent negligence. Liability and indemnification for hazard'ous substances undex this
' Easement, sha11 be governed exclusively by Section 9. SECTIOr` 14 FINANCIAL SECURiTY AND INSURANCE 14.1 Financial Secnrity. . Except as prov-ided in Section 12.4 above, no financial security will be required for this easement. 14.2 Insurance. At its otivn expense, Grantee shall procure and maintain during the Term of
this Easement, the insurance coverages and limits described in Subscctions 14.2 (a) and (b)
below. This insurance shall be issued by an insurance company or companies admitted and
liccnsed by the Insurance Commissioner to do business in the State of Wa,shington. Insurers
must have a rating of B+ or better by "Best's Insurance Reports," or a comparable rating by
another rati.ng company acceptable to State. if non-admitted or non-rated carriers are used, the
policies must comply with Chapter 48.15 RCW. .
(a) Types of Required Insurance.
(1) Commercial General Liability Insurance. Grantec shall procure and
maintain Commercial Gcneral Liability insurance covering claims for
bodily injury, personal injury, or property damage arising on the Easement -
Property andlor arising out of Grantee's operations. If necessary,
commercial umbrella insurance coveri.ng claims for these risks shall be
procured and maintained. lnsurance must include liability rx>verage with
limits not less than thosc specified below:
Description
Each Occurrence $2,000,000
General Aggregate Limit $5,000,000
State may impose changes in the limits of liability:
(i) As a condition of approval of assignment or sublease of this
F~asement;
(ii) Upon any breach of Section 9, ahove;
(iu) Upon a material change in the condition of the Easement Properfy
or any improvements; or,
(iv) Upon a claange in the Pernutted Use.
New or modif ed insurance coverage shall be in place within thirty (30)
days after changes in the limits of liabiliry are required by State.
Form Datc: May, 2005 12 Easementldo. 51-081557 ~J
~ (2) Property Insurance. Grantcc shall pmcure and maintain property insuranec covcring all real property located on or constituting d part of the
. 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) Worker's Compensation/Employer's Liability Insurance. Grantee shall
procure and maintain: .
(i) Statc of Washington Worker's Compensation cvverage, as
applicable, tvith respect to any work by Grantee's employees on or
about the Easement Property and on any improvements; (ii) Employers Liability or "Slop Gap" insurance cQVerage, as applicable, -vvith limits not less than those specified below.
Insurance must include bodily injury coverage with limits not less
than those specified below: • A Each Employee Policy Limit
~ Bv Accident Bv Taisease Bv Disease
~ $1,000,000 $1,000,000 $1,000,000
(iii) L,pngshore and Harbor Worker's Act and Jones Act coverage,
~ as applicable, with respect to any work by GrantEe's
employees on or about the F.,asement Property and on any
improvements. .
(4) Builder's Risk Insurance. t1s applicable, Grantee shall procure and
maintain builder's risk insurance in an amount reasonably
satisfactory to State during construction, replacement, or material
alteration of the Easement Property or improvements on the -
Easement Property. Coverage shall be in place until such work is
. completed and evidence of comp.letion is provided to State.
(5) $usiness Auto Policy Insurance. As applicable, Grantee shall procure and
- maintain a business auto policy. The insurance must include liability .
coverage with limits not less than those sgecified below: .
Description Each Accident
F3odily Injury and Property Damage $1,000,000
(b) Terms of Insurance. The policies required under Subsection 14.2 shall
name the State of Washington, Department of Natural Resources as an
additional insured (except for State of Washington VJorker's Compensation
~ coverage, and Federal Jones Act and Lorigshore and Harbor Worker's Act
Form Datc:-May, 2005 13 I:escment No. 51-081557
' cnverages). Furthermore, all policies af insurance described in Subseetion
14.2 shall meet the following requirements:
.(1) Policics shall be written as primary policies not contributing With •
and not in excess of coverage that State may carry;
(2) Policies shall expressly provicie that such insurance may not be
canceled or nonrenewed v6th respect to State except upon forty-five
(45) days prior written notice from the insurance company to State;
(3) To the cxtent of State's i.nsurable interest, property coverage shall
expressly provide that all proceeds sha11 be paid jointly to State and
Grantee;
(4) All liability policies must provide coverage on an occurrence basis;
~ and ~
~ (5) Liability policies sball not include cxclusions for cross liability. ~ •
(c) Froof of Insurance. Grantee shall furnish evidcnce of insurance in the form of a
~
Certificate of Insurance satisfactory to the State accompanicd by a check list of
coverages provided by State, executed by a duly authori:ced representative of each
insurer showing compliance with the insurance requirements described in Section 14, and, if requested, copies of policies to Statc. The Certificate of Insurance ~ shall reference the State of Washingion, Department of Natural Resources and the
Easement number. Receipt of such certificates or policies by State does not
constitute approval by State of the terms of such policies. Grantee acknowledges
that the coverage requirements set forth herein are the mi.nimum lunits of
insurance the Grantee must purchase to enter into this agreement. These limits
may not be sufficient to cover all liability losses and related claim settlement
expenses. Purchase of thesE limits of coverage does not relieve the Grantee f.rom
liability for losses and settlement expenses greater than these amounts.
14.3 State's Aequisi6on of Insurancc. If Grantee fails to procure and maintain the insurance
described above within fifteen (15) days after Grantee receives a notice to comply from State,
State sha11 have the right to procure and maintain comgarable substitute insurance and to pay the
premiums. Grantee shall pay to State upan demand the full amount paid by State, together with
i.nterest at the rate provided in Subsection 4.2 from tiie date of State's notice of the expenditure .
until GrantEe's repayment. SECTION 15 TAXES AND ASSESSMENTS -
Grantee shall prompdy pay all taxes, assessments and nther governmental charges of any kind
whatsoever levied as a result of this Easement or relating to Grantee's improvements constructed
pursuant to this Easement.
14 Easement No. 51-0$I557
Form Date: May, 2005
~ SECTI4N 16 ADVANCE BX STATF
If Statc advances or pays any costs or expenses for or on behalf of Grantee, includin; but'not
limited to taxes, assessmenls, insuranc;e premiums, costs of'remnval and disposal of unauthorized materials, costs of removal and disposal of improvements, or other amounts not paid when due,.
Grantee shall reimburse State the amount paid and shall pay interest on such amount at the rate
of one percent (1%) pcr month from the datc State notifies Grantee of the advance or payment. .
SECTION 17 NOTICE .
Any notices required or permitted under this Easement may be personally delivered, delivered by .
facsimile machine, or mailed by certified mail, return receipt reyuested, to t6e follwAing
addresses or to such other places as the parties may dircct in Nvriting from time to time:
State: DEPARTMENT QF NATURAL R.ESOURCES Aq'ualic RegionlRavers District PO F.3ox 280
Castle Rock, VJA 98611
Grantee: C1TY OF SPOKANE VALLFY DRAFT
Public NVorks Departcnent .
11707 E. Sprague Avcnue, Suite 106
~ Spokane Valley, WA 99206
A notice shall be deemed given and delivered upon personal delivery, upon receipt of a .
. confirmation report if delivered by facsimile machi.ne, or three (3) days after being mailed as set - forth above, whichever is applicable.
SECTION 18 ASSICNMENT
Grantee sha11 not assign its rights in the Easement or grant any rights or franchises to third
parties, without State's prior written consent. State reserves the right to change the terms and
. conditions of this Easement upon its cnnsenl to any assignment. .
SECTION 19 SUCC'ESSORS AND ASSIGNS
Tlus Easement shall be binding upon and inure to the benefit of the parties, thEir successors and
assigns and shall be a.covenant running with the land.
SECTION 20 TIlAE IS OF THE ESSENCE
TTME IS OF TIiE ESSENCE as to each and every provision of this Easement. ~ rorm Dxtc: May, 2005 15 Easement No. 51-081557
SECTION 21 RECOR.DATIOn
Grantee shall record this Easement or a memorandum documenti.ng the existence oF this
Easement in the county i.n which the Easement Property is located, at Grantee's sole expense.
The memorandum shall, at a minimum, contain the Basement Properiy description, the names of
the parties to the Easement, the State's easement number, and the duration of the Easement. Grantee shall provide State -vvith recordi.ng information, including the date of recordation and file '
numbcr. Grantee shall have thirty (30) days from the date of delivery of the final executed
agreement to comply vvith the requirements of this section. If Crrantee faiLs to record this
Easement, State may record it and Grantee shall pay the costs of recording, including interest,
upon State's demand. SEC'TION 22 APPLICABLE LAW AND VEN'UE
This Easement.shall be interpreted and construed in accordance with and sha11 be subject to tlie
laws of the State of Washington. flny reference to a statute shall mean that statute as presendy .
enacted nr hereaf-ter amended or superseded. Venue for any action arising out of or in .
connection with this Easement shall be in the Superior Court for Thurston County, Washington.
SECTION 23 MODTFICATION
Any modification of this Easement must be in Nvriting and signed by the parties. State
shall not be bound by any aral representations or statements.
~
SECTTON 24 SURVIVAL Any obligations of Grantee which are not fully performed upon termination of this Easement .
shall not cease, but sha11 coniinue as obligations until fully performed. Nf I .
~
~
r ~
Form Date: May, 2005 16 F:asement No. 51-081557
SECTIUN 25 INVALIDTTY
. If any provision of this Easement shall prove to be invalid, void, or illegal, it shall in no way
affect, impair, or invalidatc any other provision of this E-asement. .
THIS AG12EEMENT requires the signature of all parties and is executed as of the date of the la.st
signature below. . CITY OF SPOKANE VALI,EY
Dated: - By: David Mercier
Title: City Manager
. Address: 11707 E. Sprague Avenue, Suite 106
~ Spokane Valley, WA 99206 .
.
STATE Ol' WASHINGT0iN
DEPARTMENT OF NATURAL RESOURCES
Dated: ~ By: IaOUG SUTfIERI,AND .
Title: Comm.issioner of Public Lands
• Address: 1111 Washington Street •
Olympia, WA 98504
Approved as to Form in May, 2005
by Joe Panesl:o
Assisfiant Attorney General
State of Washington
~ -
rorm Date: May, 2005 . 17 Fasement No. 51-081557
REPRESENTATNE ACKNOWLEDGMENT - ,
r"
.
STATF. OF WASHING7'ON ) . ss • •
Cnunty of ) . . .
1 certify that I k-now or bave satisfactory evidence that David Mercier is the person Nvho appeared before me, and said person acknowledged that (heJshe) signed this instrument, on oath stated that
(helshe) was authorized to execute the instrument and acknowledged it as the CiYy Manager of
City of Spokanc Valley to be the free and voluntary act of such parly for the uses and purposes
. mcntioned in the instrument.
~
Dated: (Signature)
(Seal or stamp)
(Print•NTame) ,
Notary Public in and for the State of Washington, residing at
My appointrnent expires :
. ~J
7
Form Date: May, 2005 18 F..asemcnt Na. 51-08155
I . •
~ .
~ STATE ACKNOWLEDGMN.~T
STATE OF WASHIlNIGTON )
. ) ss
County of Thurston ) I certify that I know or have satisfactory evidence tvat DOUG SLJTHERLAND is the person who
appeared before me, a.nd said person aclnowledged that he signed this instrument, on Qath stated
that he was authorized to exccute the instrument and aclnowledged it as the Commissioner of
Public Lands, and ex officio administrator of the laepartment nf Natural Resources of the State of
`Vashington to be the free and voluntary act of such party for the uses and purposes mentioned in •
the instrument. .
laated:
(Signature) . ,
(Seal or stamp)
Q (Print Name)
Notary Public in and for the State of Washington, residing at '
My dppointment expires ~
Form I?ace: May, 2005 19 Lisemcnt No. 51-081 557