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2008, 07-08 Regular Meeting i AGEVDA SpOK.kNE VA1,l.FY CITY COliNCiL RECUI.AR INiF.ETiNG Goancil'Mecting #140 'ror:uiuy, auiy s. :ooK 6:(11) F).ai. Spmkane N'allry ('ity Hnli Counci! Chxmbrn 11707 F Sprxguc Avenue C'uurrcl! Requats !'tease Slltoncc )'our 00 Pbonrs DurenR Cuunci! .tilreting CALL 7'U URDER: [NVUCA'i'IUY: ('ttstor Ai Hultrn, VaIlry A,;cnihly C'hun:h Pi..EDGF. OF AL,LEGIANCF: ROLI. C4L1.: APPItOVAI. C)fi AGENWA: I?YIRODt1CTION Or SPECIAL. (;CIESTS ANll E'RESENTAT7UANS: 1'rck-iamutiuii; Julti, i- /'ar%kvanel Rt'c-r~•rtlina~ .Stc~ntlr COMMfiTFE, EinARD. L[A1S()N SUNiliARti' [tEPOk'i'S: MA1`OR'S RF.PORT: Pl!BL[4 COht'b1ENTS: This is yn upp.xtunin• for titc public tu speak an uaysubjcct nat oii thr ngen.la ftir artio.n. V4'tien you come to the pociium, pleasr sctate ynur namr and adeiress tioc thc trccmd nnef limtt rcmarks tn threr minutc.i. 1. CONSEN'T AGEh-D4: Con-sisis of itrtcis ransidert-ci rouiinC which nre vpprvvrd as agrouF. A l'oitnc:ilmcmbcr mny rcmovc an itcm from tl►t Cansrnt Agenda lo bc ccrosidrmd sepvateh . a. Appruvaf of the fallmring Clnim vourhers: I VOtiCHL-R LI51" VOUCI{F.R gs TO'(AL VOUCHER D?1Tr ANIOUIVT t 06!16/2008 B'tuiin wl# 14726,cndin al'~9 14763 S25,371.18 ~ 6,14,'200R Be 'nnin wf # 14763. endin w/0 14866 S807.107.80 ~ GR.ANU TG'I'A1_ 5832.478.98 I h. Approval of 5pn+guaiConklin Signal Chsuigc Onier r.Appraval of Spcz,ific Barker Roai Bridgc Ariwc►rk in thc amount of S28,000 .i AppmrHl of Appointincnt of Nci! Kersten to dtr Spokanc ftcgional Sc+lid VVasteAuJit Ccettmittee r. Puyroil Wr pay pcriud ending aunc 15, 2408: $228,493.06 f. Paytoll fur pny pcrioci rnding Juno 30, 2008: $328,5_7.00 c;. Mccting Minuics of Junc 14. 2008 CuunciLfStaf2' Rrtrcat fi. :'lpproval of Niaeeing;tlinuteti of June 24.2(148;rgul;ir C'«uricil hiertini! NEW Ut-T~LNFS5: Nfotion l.ontiidcruticm: ricr ~)cpattmr►~t Irit~rlu~al :1er~~tr~cni tilikc Cutincliv IPuhlic commenlI Ntotiun H;+lI ~ite f'I;►nning <'01111,iLi - Ncil hcntcn (public cOmmrntJ f'l T;l.l( ( f )1j111 N I S I ~i„ . , .~i, , .:ui,:I~ :~~t Iii~ ~~u't~,i, ,~c..,r, _ u .:r., ,~ti i~,.: u.,: , u tit~ .~_.;.,I:, t-Or acliun. When you comc to thc pcxiium, please state your name and address far the rccard und limi; rrm:3rkti tn thrce miilutec. :11lM1lltilSTI2AT1Vr RF:Pt)RlS: •1. Charitablr ponations in thr Ftight-f-wa•. -Cw, l)ri.,hcil 5. Ptopa.scxf Code C'ompliance Changes - Cary llnskelVMary I:<i<< ',t::rtin b. Transportation Hencfrt !)istrict - i►cn ThompsotUCary Driskell Preltminery2004 Hudecl: Revenue-A=\pendiiurrc - Kcii T}iomp,on INFO(t_'VLA1'lUN ONLS': 8. Ltttet'S of Cit'tzen C'ctimrirrnrnt, for ( u-.;,rnur Icni;c WSf)(1T Acr4erncnts .-\UJC1['R11RTEti T I( I! ,4r J( 1ll.U! 1_1. KC'gulQrCON/tliI:1IC[/:J:::'. !!Ft c'RtliJlh 2/(dwld 4 , f:lc'~,hS'1, h<'-I!!/IfJI%' il/ 0:Illl f~.111. 0runci! Slurh,Ses.uun+ urr ke»rrullt' IieIJ 1". ' unr/ 51lr I ae<<luY.%, h<;irtning u! b:Ul/ p.ns NOTICE: icuiiciduuts piKnnii►g w attecid thc meeting wiia rcquirr sepcciW usirtnnce to aecummodwe physicW. hcating, nr adicr itnpn;.*RticnLx pIex-~e cont,uti thc l"ii~, C']cr4. :it (.509192 I-►()f.)O ss -wn as pnssihic that .srrtn~rmaits my lic medt! I i ~ ' Spokane Valley- Proclamatl'oli Parks and'&creation 5Konth City of Spokane VaCCey, Washington WHERE'fLS, Parks and recreafion activities provicle vpportunities for citizens of all ages to grow and develop into caritribuling member.s vf their communities; and 6VHEREAS, f'arks and recreation progranrs strengthert the cornrr2uniry, fnster individual growth, and increase cultcrrul diversiry; and WHC'RLAS, Parks and recrealion pf•ogr-ums provide nutlets for physical CICIIV111es, socir~lization and stress reducing experierices; and WHGKI:AS, Park.s, pl,,rvgrauncl.`•, nrrture truils, open spccces, aquatic facilities, senior and event ceriters rnake our carnmuniry un uttructive and desirable place to live, work, play and visit ivhich contribtttes to our ecorrontic vilality; und IVHEREAS, P«rks, greentivuys and open .spnces provide a welcome re.sPite .from vur fust- paced, high-tech lrrestyles while protecting and preserving otir nutural envirvnment; and WFIFREAS, 7housands of Spokune Vulley children, adttlts and seniors henefit from the tivide range of services, facilities, and programs pYOVided by the Spokune Vulley - Purlcs and Recf•eutian Depui•tment. iVOW, 71IERE.FORF_, I, Richard Murtsvr:, .A~layor qf the City vf Spvkrrne Vcllley, on behalf of 16ie Spok(ine Vtrlley Ci _ry Cniincil and the c.itizens of the City of Spvkane Vcr(ley, do hereby procluim t6ie ;norrtlr of.luly 2008 as ' Purk.s and 17ecreatinn Mortth and I encoirr•age u!1 citizen.s to participate in and support the muny recreational programs and facilities provide by public and private ugencies. Dated tlii.s 81h cluy ofJarly 2008. . - - . ~ ~ y. Richurd Mun,svn SVlayor ~ . L ~ ~ . ~ ~CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: 07-08-08 City Manager Sign-aff: Item: Check al) that apply: 0 consent ❑ old business ❑ new business ❑ public hearing ❑ information ❑ admin. report ❑ pending legislation AGENDA ITEM TITLE: Approval of the Following Vouchcrs: VOUC1iEK LIST VOUCHER #s TOTAI VOUCHFR DATF, Aiv1dUN'I' 06!1612008 Be Tinnin w/# 14726, endi.n w/## 14763 $25,371.18 6/24l200$ Be Tinni❑ Nv/ # 14764, enclin w1#14866 $807,107.80 GRAND TO'1'AL $832,478.9$ RECOMMENDED ACTION OR MOTION: Approve claims for vouchers as listed above. BUDGET/FINANCIAL IMPACTS: STAFF CONTACT: Lisa Combs, Accounting Technician ATTACHMENTS Voucher Lists J vchlist Voucher List Page: 1 '0611612008 11:55:45AM Spokane Valley Bank code : apbank Voucher Date Vendor Invoice PO #t DescriptionlAccount Amount 14726 611212008 000987 ECOLAB 5382458 CI_EANINC SUPPLIES: CP 258.22 Total : 258.22 14727 6J1212008 001377 COMBS, USA Mileage MILEAGE 38.88 Total : 38.88 14728 6116J2008 000648 ASADAN 118215 PINESIMAIVSFIELD #0D5 625.54 Total : 625.54 14729 C41612008 001081 ALSCO LSP0423498 MATS: PRECINCT 14.06 Total : 14.06 14730 611612008 001702 BASARABA, MARGIF_ Refund REFUND DAMAGE pEPOSIT 500.00 Total : 500.00 -4►'r31 61162098-$94645--13E~140 9~1AL-L&{acRGHI:FEGTS-P C---2008-1-709I4:1FHrc"'ri^vN-RAC-rT-07-fl9 , . 6 Total : 6,473.26 14732 6/1612008 001707 BIRDSELL, JOLE Refund REFUND DAMAGE DEPOSIT 50.00 Total : 50.00 14733 6/1612008 000673 BUDGET ARBOR & LOGGING LLC 08-556 42033 TREE TRIMMING 434.40 Total : 434.40 14734 6/1612008 000796 13UDINGER & ASSQC INC M080641 SWIMMING POOL UPGRADES 2,238.55 Total : 2,238.55 14735 6116/2008 001699 CITY OF RENTON 014 EDEN FINANCIALS USERS GROUP 160.00 Total : 160.00 14736 611612008 000379 CfTY OF SPOKANE VALLEY Jun 08 REPLENISH PETTY CASH 8.00 Total : 8.00 14737 6/16/2008 000418 CLARK-PARSON, KAREN Expenses MAY 08: TRAVEL EXPENSES - 24.41 Total : 24.41 14738 6116/2008 000326 CONSOUDATED IRRIGATION #19 05859.0 MAY 08: WATER 135.00 Page: 1 vchlist Voucher List Page: 2 0611612008 11:55:45AM ' Spokane Valley Bank code : apbank Voucher Date Vendor Invoice PO #t Description/Account Amount 14738 6/16/2008 000326 CONSOUDATED IRRIGATION #19 (Continued) 06377.0 MAY QS: WATER 57.76 06377.2 MAY OS: WATER 254.05 11534.2 MAY 08: WATER 26.45 11 982.2 MAY 08: WATER 24.69 11983.2 MAY 08: WATER 24.47 11984.2 MAY 08: WATER 25.82 Tota I : 548.24 14739 6/1612008 000843 CONTR.ACT DESIGN ASSOC INC 25641 LABOR TO MOVE FILES 233.50 Total : 233.50 14740 6l1612008 000278 DRISKELL, CARY Expenses JUN OS: TRAVEL EXPENSES 261.53 Total : 261.53 14741 6116/2008 001701 DUFFEY, DAN Expenses MAY 08: TRAVEL EXPENSES 52.88 Expenses JUN 08: TRAVEL EXPENSES 396.95 Total : 449.83 14742 6/1612008 000246 EAST SPOKANE WATER DISY #1 09006100 MAY 08: WATER 179.74 03026100 iU1AY 08: WATER 106.50 09066100 MAY 08: WATER 240.84 09078100 PAAY 08: WATER 148.06 Total : 675.14 14743 6/16/2008 000998 EASTERN WA ATTORNEY SVC, INC 14321 SERVICE: D BOS 45.00 14339 SERVICE: 130WMAN 40.00 Total : 85.00 14744 6/16I2008 001447 FREE PRESS PUBLISHING INC 30466 LEGAL An: FINANCE 51.20 30471 LEC7AL AD: PLAIdIdING 68.85 Total : 120.05 14745 6116I2008 000007 GRAINGER 9641783023 41925 MARD HAT: PW 15.15 9645703217 41925 ENGIIdEER Tl1PE MEASURE 58.74 9645884882 41925 POLY TARP: PW 35.09 Total : 108.98 Page: 2 ~ - . ' ~ , / vchlist Voucher List Page: 3 0611612008 11:55:45AM Spokane Valle,y Bank code : apbank Voucher Date Vendor Invoice PO # QescriptioNAccount Amount 14746 6116/2008 001706 LEWIS, CA7HY Refund REFUND DAMAGE DEPOSIT 50.00 Tobl : 50.00 14747 6116l2008 001667 MARCHANT, TERRINA Facpenses JUN 08: TRAVEL EXPENSES 210.84 Total : 210.84 14748 6/1612008 001581 MCCLUNG, IUITHY Expenses MAY 08: ECPENSES 65.21 Facpenses JUN 08: EXPENSES 22.51 Total : 87.72 14749 6116/2008 000073 MCCORMICK, GREG Mileage MAY 08: TRAVEL EXPENSES 110.10 Total : 110.10 14750 6116/2008 000132 MODERN ELECTRIC WATL-R CO 04540-01 MAY 08: COMAA LIGHT 70.06 04515-02 AAAY 08: COMM LIGHT 48.58 04553-01 MAY 08: COMM LIGHT 71.33 04556-01 AAAY 08: COMM LIGHT 77.78 046645-02 MAY QB: COMlM LIGHT 43_71 04639-02 MAY 08: COMM LIGHT 46.31 Q4f.~69-02 AAAY 08: COMM LIGHT 63.55 W91-02 MAY 08: COMM LIGHT 34.24 04745-02 MAY OB: COMM LIGHT 73.18 04792-02 MAY 08: COMM LIGHT 65.46 04536-02 MAY 08: UTILITIES 59.11 04966-02 MAY 08: STREEf LIGHTS 6,036.90 04971-01 MAY 08: COMM LIGHT 125.97 06811-02 MAY 08: COMM LIGHT 69.00 07099-02 MAY 08: U7ILITIES 64.19 07247-02 MAY 08: UTILITIES 64.72 07750-02 MAY 08: U7ILITIES 35.87 07850-02 MAY 08: UTILITIES 62.49 07861-02 MAY 08: COMM LIGHT 44.77 08297-02 MAY 08: UT1LfTIES 68.15 08343-02 MAY 08: UTILfTIES 86.77 09779-01 MAY 08: STREET LIGH'I'S 244.00 09909-02 MAY 08: COMM LIGHT 83.28 09910-02 IVIAY 08: COMM LIGHT 26.68 Page: 3 vchlist Voucher List Page: 4 0611612008 11:55:45AM Spokane Valtey Bank code : apbank Voucher Date Vendor Invoice PO # DesctiptionlAccount Amount 14750 6/16I2008 000132 MODERN ELECTRIC WATER CO (Continued) 09911-02 MAY 08: COIb9M UGHT 73.44 09963-02 MAY 08: UTILITIES 29.32 10031-02 MAY 08: SECURIIY LIGHT 12.20 10038-01 P/IAY 08: UTILITIES 48.00 10039-01 MAY 08: UTIUTIES 28.80 10040-01 MAY 08: UTILITIES 29.80 10041-01 MAY 08: UTILfTIES 29.80 10042.01 MAY 08: UTILITIES 22.60 10046-02 MAY 08: COMM UGHT 47.36 10049-02 MAY 08: U71L171ES 40.24 10176-01 MAY OB: UTILI7IES 22.60 Totai : 8,051.26 14751 6/1612008 000062 MUNSON, RICHARD Mileage 1'JIAY 08: T(2AVEL EXPENSES 282.00 Totat : 282.00 14752 6116f2008 001035 NEfWORK DESIGN & MAIIAGEMENT 16025 2ND QTR BILLING 1,047.00 Total : 1,047.00 14753 61161200$ 000652 OFFICE DEPO7 INC. 43020453$-601 CLOCK: FINANCE 26.98 430765666-001 OFFICE SUPPUES: FIN 9.95 430772306-001 42037 KITCHEN SUPPLIES 55.71 Total : 92.64 14754 6/16/2008 000027 OFFICE OF THE CODE REVISF_R 15430-1 RCW SUPPLEMENTS: LEGAL 466.12 Total : 466.12 14755 6/16/2008 001705 OLM, IJIVERNE Refund REFUND DAMAGE DEPOSIT 50.00 Total : 50.00 14756 6/16l2008 000322 QWEST 509-921-6787 511 B PHONES: MIRABEAU MEAD0INS 45.49 549-522-7091 0606 PaIONES: MISSION POOL 101.76 Total : 147.25 14757 611612008 001703 ROSE, BARBARA ANN Refund REFUND DAMAGE D[POSfT 200.00 Totai : 200.00 Page: 4 . . . 0 0 vchlist Voucher List Page: 5 0611612008 11:55:45AM Spokane Valley Bnnk code: apbank Voucher Date Vendor Invoice PO # Description/Account Amount 14758 611612008 000709 SENSKE LAWN & TREE CARE INC. 3052895 LANDSCAPING: PRECINCT 42.35 Total : 42.35 14759 6/16/2008 006935 SERVICE PAPER COMPANY 30426813 JAMITORIAL SUPPLIES: CP 515.77 30426814 JAfdITORIAL SUPPLIES: PRECINCT 143.13 30426816 JANITORIAL SUPPUES: PRECINCT 780.06 30426817 JANITORIAL SUPPUES: CP 143.13 30427008 JANITORIAL SUPPLIES: CP 27.22 30427482 JANITORIAL SUPPLIES: CP 429.08 Total : 2,038.39 14760 6/1612008 001704 SETH WOODARD ELEMENTARY Refund REFUND DAMAGE DEPOSfT 50.00 Tota I : 50.00 14761 6/16120U8 000617 SPOKAtdE C0. TREASURER 1st QU Liquor 1S7 QTR 2008: LIQUOR TAX/PROFI 5,250.35 ' Total : 5,250.35 14762 6/16/2008 000167 VERA WATER & POWEF2 0013-032589-01 MAY 08: UTILITIES 45.53 0014-004275.01 AAAY OS: UTILITIES 25.41 0014-032971-00 MAY 08: UTILITIES 23.87 Totsl : 94.81 14763 6J16J2008 000038 WASTE MANAGEMEN7 OF SPOKANE 2741809-26$1-5 TRASH SERVICE: PRECINCT 266.02 Total : 266.02 38 Vouchers for bank code : apbank Bank total : 31,844.44 38 Vouchers in this report Totai vouchers : 31,844.44 -G col 7 3 371, c~ Page: 5 vchiist Voucher List Page: 6 0611612008 11:55:45AM Spokane Valley . Bank code : apbarlk Voucher Date Vendor Invoice PO tt DescriptionlAccount Amount .T., the undersigned, do certi.fy under penaJty of pcrjury, that the materaals have been furnished, Y.he services rendered, or the lahax performecl ns cieseribed herein and that the claim as just, due and an impaid obligation against the City of Spokanc Valley, and that I am authorized to authenticate an.d certify sAid c:laim. Finance llirector Datr M:1y*or Date CouncillV(ember Date Page: 6 , - ~ . . ~ "vc:hlist Voucher List Page: 1 06/2412008 9:48:46AM Spokane Valley Bank code : apbank Voucher Date Vendor Invoice PO # QescriptionlAccount Amount 14764 6116J2008 001545 13ERNARDO WILLS ARCHITECTS PC 2005-1709 41956 CITY HALL CONTRACT 07-018 6,150.86 Total : 6,150.86 14766 6119/2008 001076 CONNELLY, MICHAEL 06108 CONN01_Y PAY DRAW ADVANCE 2,000.00 Total : 2,000.00 14767 6/2012008 001717 DAVIS, JENNIFER Expenses TRAVEL EXPENSES 428.74 Tota I : 428.74 14769 6/23/2008 001280 DEPT OF LICENSING Exempt Plates EXEMPT PLATES: 08 CHEVY C0L0 32.25 Tota I : 32.25 14770 6/24/2008 000921 A TO Z RENTALS 151637 EQUIP RENTAL: CP 133.80 Total : 133.80 14771 6/2412008 000958 AAA SWEEPING, LLC 40429-A 41981 AAA VACTORING SF_RVICES CONT 18,804.15 40430 41987 AAA SWF_EF'ING CONTRACT NO 08 92,538.74 Total : 111,342.89 14772 6/2412008 000197 AIR INC 18897 PRE-EMPLOYPAEN7 SCREENING 200.00 Total : 200.00 14773 6/24/2048 000150 ALLIED FIRE & SECURITY 20078278 KEYS MAnE: CP 48.85 Total : 48.85 14774 6/24/2008 001081 ALSCO LSI'0427367 MATS: CITY HALL 72.88 Total : 72.88 14775 6/24I2008 000335 ALTON'S TIRE INC. 6-34631 OIL CHANGE: 40206D 31.26 Totai : 31.26 14776 612412008 001715 AM RED CROSS 2497 BABYSITfER CLASS: CP 490.00 Total : 490.00 14777 612412008 000212 ANS OF WASHINGTON, INC Notary Seminar 2008 NOTARY SEMINAR: T PRINCE 110.00 Notary Seminar 2008 NOTARY SEMINAR: J MAIN 110.00 Page: 1 vchlist VouCher List Page: 2 0612412008 9:48:46AM Spokane Valley Bank code : apbank Voucher Date Vendor Invoice PO # DescrfptionlAccount Amount 14777 6/24/2008 000212 000212 ANS OF WASHINGTON, INC (Continued) Total : 220.00 14778 6/24/2008 000334 ARGUS JANITORIAL LLC INV002004 MAY 08: PRECINCT JANI70RIAL 2,144.64 Total : 2,144.64 14779 6/2412008 000030 AVISTA 090091047 MAY 08: UTILITIES 6,285.27 41012159 hr1AY 08: UTILITIES 45.76 Total : 6,331.03 14780 G12412008 001709 BENS7INE, PAT Refund REFUNq Dl1MAGE DEPOSIT 250.00 Total : 250.00 14781 6124/2008 000173 BINGAMAN, GREG 2ND Qlr CELL ALLOWANCE 105.00 Total : 105.00 14782 6124l2008 000918 BLUE RIBBON UNEN SUPPLY INC 8924101 UNEN SERVICE: CP 293.72 8926036 LINEIV SERVICE: CP 339.59 S0053171 LINEN SERVICE: CP 42.93 Total : 676.24 14783 6/24/2008 000786 BUDINGER & ASSOC INC M07309-3 APPLEWAY #016 9,232.50 AA08064-2 SWIMMING POOL UPGRADES #07' . 1,329.80 Total : 10,562.40 14784 6/24/2008 001022 CARR SALES CO S1023431.001 42040 LIGHT BULBS 497.90 Total : 497.90 14785 612412008 000101 CDW-G KGL2531 42015 PRESENTATION REMOTES 149.87 KGP8915 42015 CREDIT ON REMOTES -137.75 Total : 12.12 14786 6124J2008 000143 C17Y OF SPOKANE 104058 VALLEY TRANSFER: PW 17.21 Total : 17.21 14787 6124f2008 000379 CfTY OF SF'OKANE VALLEY 06113l08 RF_PLENISH PETTY CASH 0.50 Total : 0.50 14788 6/24/2008 001048 CITY PARCEL 5280074 COURIER SERVICE: CD 45.56 Page: 2 0 0 0 vehlist Voucher List Page: 3 0612412008 9:48:46AM Spokane Valley Bank code : apbank Voucher Date Vendor Invoice PO # Descryption/Account Amount 14788 6/24I2008 001048 001048 CITY PARCEL (Continuec) Total : 45.56 14789 6/24/2008 000571 CODE PUBLISHING CO 30655 ELECTRONIC UPDATE: UDC 1,281.84 Total : 1,281.84 14790 6124J2008 000109 COFFEE SYSTEMS INC 60747 COFFEE SERVICE: CIIY WALL 291.17 Total: 291.17 14791 612412008 000035 CORPORATE EXPRESS 184476732001 42036 KITCHEN SUPPLIES 223.78 87599124 OFFICE SUPPLIES: FIN 24.11 Total : 247.89 14792 6/24/2008 001712 CURTIS, NICOLEE Refund REFUND DAMAGE DEPOSIT 50.00 Total : 50.00 14793 6J24/2008 000683 DAVID EVANS $ ASSOCIATES 249440 LONGISHORT PLAT REVIEW SVC 4,192.00 Total : 4,192.00 14754 6f2412008 001603 DEMPSEY, ROSE 2Qtr CELL ALLOWANCE 135.00 Total : 135.00 14795 GJ24/2008 000060 DENEMNY, RICMARD 2nd Qtr CELL ALLOWANCE 135.00 Total : 135.00 14796 6124J2008 000618 DEPT OF FISH & WILDLIFE 3404 D/1TA REQUES7: PW #068 42.00 Total : 42.00 14797 6124J2008 000693 DEPT OF INFO SERV1CES 2008050214 MAY 08: MASTER UCENSE BILLINC 13.11 Total : 13.11 14798 6124f2008 000152 DOT AT884513067 SIGNAUILLUMINATION hAAINT 10,122.83 AT880513068 STATE ROUTE ROADV'UAY MAINT 1,023.05 Total : 11,145.88 14799 612412008 000246 EAST SPOKANE WATER DIST #1 02051000 MAY 08: U7ILITIES 51.42 Total : 51.42 14800 6124l2008 008589 EASTERN WA ATTORNEY SVC, INC 14340 SERVICE ON: BOWMAN NEWELL 40.00 Page: 3 vchlist VouCher List Page: 4 0612412008 9:48:46AM Spokane Valley Bank code : apbank Vouchcr Date Vendor Invoice PO #i DescNptionlAccount Amount 14800 6124l2008 000999 006999 EASTERN WA A77ORNEY SVC, INC (Continued) Total : 40.00 14801 6124J2008 000106 FEDEX 2-720-57522 SHIPPING CMARGES 112.65 Total : 112.65 14802 6124l2008 001711 FINNIGAN, SARA Refund REFUND DAMAGE DEPOSIT 50.00 Tota I : 50.00 14803 612412008 000858 FOOD EQUIPMENT INTL, INC. 6297 KITCHEN [QUlf': CP 87.86 8303 KI7CHEN EQUIP, CP 211.77 Total : 299.63 14804 6124,I2008 001447 FREE PRESS PUSLISWING INC 30504 LEGAL AD: PW 49.60 30505 LEGAL Aq: CITY CLERK 64.00 30506 LEGAL AD: I'W 54.40 30507 LEGAL AD: PIANNINC 54.40 30508 LEGAL AD: PIANNING 60.35 30509 LEGAL AD: PLANNING 90.10 Total : 372.85 14805 6/24/2008 000735 FREEDMAN TUNG BOTI'OMLEY 60527 SPRAGUE/APPLEWnY SUBAREA 6,051.01 Total : 6,051.01 14806 6/24/2008 001253 GORDON Tl-IOMAS HONEYWCLL D5042 MAY OS LOBBYIST SERVICES 2,465.34 Total : 2,465.30 14807 6/24/2008 001009 G07HMANN, WILLIAM 2nd Qtr CELL ALLOWANCE 135.00 Total : 135.00 14808 6124/2008 000007 GRAINGER 9644597735 41925 HIGH-V15181LITY JACKETS 65.59 96"597743 41925 BOOTSMIGH-VISIBILITY JACKEl' 55.82 Total : 121.41 14809 6/24/2008 000321 GREATER SPOKANE INC 59856 FEB 08: TAYLOR 25.00 Total : 25.00 14810 61241200$ 000741 HONEY BUCKETS 0738227 JUN RENTAL: CENI'ENNIAL TRAIL 176.40 Total : 176.40 Page: 4 ~ ; 0 '0 0 vchlist Voucher List Page: 5 0612412008 9:48:46AM Spokane Valley Bank codc: apbank Voucher Date Vendor Invoice PO # DescriptionlAccount Amount 14811 6/2412008 000259 HUMANIX INC. 166004 STAFFING SERVICE: CP 573.60 166099 STAFFING SERVICE: CP 498.32 Toral : 1,071.92 14812 6/24/2008 000022 INLAND BUSINESS PRODUC7S, INC. 66002 PHOTO ID CARDS 23.89 56003 PHOTO ID CARDS 39.10 Total : 62.99 14813 6l24/2008 001263 INIAND NW JUICE PLUS ASSOC. Refund REFUND DAMAGE DEPOSIT 200.00 Total : 200.00 14814 6/2412008 000070 INLAND POWER & LIGHT CO 94202-a03 MAY 08: UTILITIES 6.62 Total : 6.62 14815 6/24J2008 000388 IRVIN WATER DIST. #6 112500.0 MnY 08: U7ILITIES 166.00 Total : 166.00 14816 6/24/2008 000012 JOURNAL 0F 13USINESS INC. 002312024 ADVERTISING: CP 575.00 Total : 575.00 14817 6124/2008 000864 JUB EPIGINEERS, INC. 0052707 41166 06-001 STREET MASTER PLAN 41,880.04 Total : 41,880.04 14818 6124/2008 001649 KILGORE CONSYRUC710N INC Pmt #22 POOL UPGRADES - PK, N, VM 228,182.58 Tobl : 228,182.58 14819 6J2412008 001155 KLUNDTIHOSMER 11183 nDVER7ISING: CP 340.00 Total : 300.00 14820 6f24l2008 001656 LING, NICHOLE Refund REFUND DAMAGE DEPOSIT 100.00 Total : 100.00 14821 6J24/2008 001710 LUNSFORD, MIKE Rofund RFFUND DAMAGE DEPOSIT 50.00 Total : 50.00 14822 6124l2008 001684 MARKEfING SOLUTIONS NW CP6042008 ADVERTISING: CP 3,889.00 Tota I : 3,889.00 Page: 5 vchlist Voucher List Page: 6 0612412008 9:48:46AM Spokane Valley Bank code : apbank Voucher Date Vendor Invoice PO # DescriptionlAccount Amount 14823 6124I2008 000069 MERCIER, DAVID 2nd Qtr CELL ALLOWANCE 135.00 Jul JUL 08: AUTO ALLOWANCE 400.00 Total : 535.00 14824 6242008 000258 MICROFLEX INC. 00017837 MAY 08: TAXTOOLS SOFMIAR[ 342.26 Total : 342.26 14825 6124f2008 001708 MILLER, AMANDA Refund RF_FUND DAMAGE DEPOSIT 200.00 Total : 200.00 14826 6/24l2808 000132 MODERN ELECTRIC WAT[R CO 04559-01 MAY 08: U7ILITIES 1,336.25 04562-11 MAY 08: UTILITIES 100.00 04732-01 MAY 08: UTILfTIES 297.27 09784-02 MAY08: UTILfTIES 1,291.67 2402 42022 VALLEY MISSION POOL H20 LINE I 5,188.54 Total : 8,213.73 14827 6/24/2008 000062 MUNSON, RICWARD 2nd QTR CELL ALLOWANCE 135.00 Total : 135.00 14828 6124J2008 000662 NATL QARRICADE & SIGPI CO 59903 41927 WHfTE MARKING PAINT 50.82 Total : 50.82 14829 6124/2008 001035 NETWORK DESIGN & MANAGEMENT 16079 AAAY 08: SERVER MAINT 4,192.50 Total : 4,19250 14830 6124/2008 000058 OCCUPATIONAL MCDICIPJE ASSOC. A500163 PRE-EAIIPLOYMENT SCREENING 585.00 Total : 585.00 14831 6124l2008 Oa0652 OFFICE DEPOT INC. 431205731-001 OFFICE SUPPUES: FIN 57.27 Total : 57.27 14832 6/24/2008 000899 OPIEEIGHTY NEf'WORKS 612235 ETHERNET 844.94 Total : 844.94 14833 6124/2008 001089 POE ASPHALT PAVING, INC. 42631 41983 I'OE ASPHALT CONTRACT #08-001 21,171.36 42632 41983 POE ASPMALT CONTRACT #08-001 57,985.31 42633 41983 POE ASPIiALT CONTRACT #W8-001 32,407.02 Page: 6 0 0 0 vchlist Voucher List Page: 7 0612412008 9:48:46AM Spokane Valley Bank code : apb8nk Voucher Date Vendor Invoice PO # DescriptionlAccount Amount 14833 6/24120Q8 001089 POE ASPHnLT PAVING, INC. (Continued) 42634 41983 POE ASPWALT CONTRACT 3108-001 25,933.56 42835 41983 P0E ASPMALT CONTRACT #08-001 59,010.57 Total : 196,507.82 14834 6/24/2008 000322 QWEST 509-924-4707 7408 PHONES: TERRACE VIEW 101.76 Total : 101.76 14835 6124/2008 001713 RCCCS Refund REFUND DAMAGE DEPOSf7 250.00 Total : 250.00 14836 6124/2008 000601 RERC 2008 Dues 2008 MEMBERSHIP: MCCLUNG 75.00 Total : 75.00 14837 6J24/2008 001438 RIVIERA FINANCE 36364 41990 JUMP HELMETS FOR SHERIFFS DE 3,299.89 Total : 3,299.89 14838 6/24/2008 000415 ROSAUERS U-CITY INC. 700113 CAMP SNACKS: CP 4.99 Total : 4.99 14839 6/2412008 000937 ROYAL MOVING, INC. 2595 MOVING DEPT OFFICES 98.00 Total : 98.00 14840 6/2412008 000064 SCHIMMELS, CI1RY 2nd Qtr CELL ALI_OWANCE 135.00 Total : 135.00 14841 6/24/2008 000709 SENSKE I.AWN & TREE CARF_ INC. 2983297 JUN Oa: PARKS CONTRACT Ivi/11NT 50,795.38 2983312 LANDSCAPIIdG SVC: TRAILS 1,977.28 3020544 41969 PEST CONTROL SERVICES AT PRE 162.50 3052896 LANDSCAPING SERVICE: PRECINC 42.35 3052897 UINDSCAPE SERVICE: PRECINCT 42.35 3057842 LANDSCAPING SERVICE: PRECINC 54.25 3057896 LANDSCAPE SERVICE: PRECINCT 162,90 3120620 LANpSCAPING SVC: I'RECWCT 42.35 Total : 53,279.36 14842 612412408 000935 SERVICE PAPER COMPANY 30428078 CLEANING SUPPLIES: CP 42.66 , Page: 7 v.chlist VouCher List Page: 8 06I2412008 9:48:46AM Spokane Valley Bank code : apbank Voucher Date Vendor Invoice PO # Description/Account Amount 14842 6l24l2008 000935 000935 SERVICE PAI'F_R COMPANY (ContinuPd) Total : 42.66 14843 6124J2008 000726 SHUR KLEEN S[RVICES, INC. 67792 CLEANING: CP 454.00 Total : 454.00 14844 612412008 001260 SPOKANE CASH REGISTER INC. 20301 CASH RECISTER SUPPLIES: CP 76.02 20307 SERVICE: CI' 21720 Total : 293.22 14845 6I24/2008 060230 SPOKANE CO AUDI70RS OFFICE 6016645 RECORDING FEES 153.00 0016742 RECORDING FEES 260.00 0017248 RECORDING FEES 137.00 0017656 RECORDItdG FEES 137.00 0018694 RECORDING FEES 137.00 0019507 RECORDING FEES 98.00 a0200792 CREDIT -2.00 Total : 920.00 14846 6/2412008 000172 SPOKANE CO. ENGINEER VLY0845 M/1Y 08: ENGINEERING SVC 61,436.28 VLY0805 MAY 08: ENGINEERING SERVICES 9,715.61 Tota I : 71,151.89 14847 6/24f2008 000323 SPOKANE CO. UTILI7IES 015364l065364 MAY 08: SEWER/WASTEW/1TER 24829 0166311066631 MAY OS: SEWER/WASTEWATER 36.81 017022/067022 MAY 08: SEWERIWASTEWATER 116.64 .0244331074433 MAY 08: SEWERIWASTEWATER 116.64 027129l077129 MAY 08: SEWERIWASTEWATER 57.34 031608l081608 MAY 08: SEWERMlAS7EWATER 260.97 034354/106428 NiAY 08: SEWERIWASTEWATER 75.31 037059I109325 MAY 08: SEWERMIASTEWATER 75.31 0429031115953 MAY 08: SEWER/WASTEWATER 312.32 Total : 1,299.63 14848 6/24/2008 000093 SPOKESMAN-REVIEW INC. 54869 CLASSIFIED ADS: HR 248.12 Total : 248.12 14849 6/24/2008 000311 SPRIN7 SPECTRUM, L.P. 326088106-006 MAY 08: LAPTOP WAPS 506.90 959698810-006 MAY 08: CELL PFIONES 900.45 Page: 8 i - - . . . 0 0 0 v,chlist Voucher List Page: 9 0612412008 9:48:46AM Spokane Valley eank code : apbank Voucher Date Vendor Invoice PO # DescriptionlAccount Amount 14849 6f24J2008 000311 000311 SPRINT SPECTRUM, L.P. (Continued) Total : 1,407.35 14850 6f24/2008 000065 STAPLES BUSINESS ADVANTAGE 31030a6460 OrFICE SUPPLIES: CD 110.07 3103406461 OFFICE SUPPLIES: CD 19.71 3103006462 OFFICE SUPPLIES: CD 58.90 3103006463 OFFICE SUPPLIES: Cp 43.65 3103046464 OFFICE SUPPLIES: CD 88.87 3103478070 OFFICE SUPPLIES: CD 42.52 3103478071 OFFICE SUPPLIES: CD 118.86 3103478072 OFFICE SUPPUES: CO 217.16 3103478073 OFFICE SUPPUES: CD 194.09 3103478074 OFFICE SUPPLIES: CD 211.72 • 3104000733 OFFICE SUPPLIES: CD 160.29 3104000734 OFFICE SUPPUES: CD 59.66 Total : 1,325.50 14851 612412008 000773 STUDIO CASCADE, INC. 1319 PLANNING SUPPORT SVC: CD 2,000.00 Total : 2,000.00 14852 6f2412008 000063 TAYLOR, STEVE 2nd Qtr CELI ALLOWANCE 135.00 Total : 135.00 14853 E312412008 000501 THOP/IPSON PUBUSHIfdG GROUP Subscription ADA COAAPLIANCE GUIDE: K TWOM 428.50 Subscription FAIR LABOR STDS: K THOMPSON 438.50 Subscrip6on LABOR' EMPLOYMENT LAW: WHfI 318.95 Total : 1,185.95 14854 G424/2008 001481 TIDD, TIFFAPIY Refund REFUND D/1MAGE DEPOSIT 130.00 Total : 130.00 14855 6124/2008 007605 71M13ERLAIdD LANDSCAPING, INC 50739 41965 PROJECT NO 0083 UIdIVERSC1Y/FA 4,371.15 Total : 4,371.15 14856 6l2412008 001464 TIME WARNER TELECOM' 02200540 IN"I'ERNETlDATn LINES: CP 894.84 Total : 894.64 14857 6124/2008 001660 TITAN TRUCK EQUIP 898126 42025 TITON TRUCK - LED S/1FETY LIGHI 1,683.30 ' Page: 9 vchlist Voucher List Page: 10 06124/2008 9:48:46AM Spokane Valley Bank code : apbank Voucher Dato Vendor Invoicc PO # Descript3onlAccount Amount 14857 6/24/2008 001660 001660 TITAN TRUCK EQUIP (Continued) Total : 1,683.30 14858 6/2412008 001024 UNITED RENTALS, INC. 73981489-001 41931 SPOOL, COVERS, XLINE 187.83 Tota I : 187.83 14859 6124l2008 U00984 UW ENCINEERING PROF. PROGRAMS UWE032229 42012 LIGMTING & ILLUMINATION SEMIN! 385.00 Total : 395.00 14860 6I24I2008 000295 VALLEYFEST Advertising 2008 VAI..LEYFEST AD: CP 1,250.00 Tota I : 1,250.00 14861 6124l2008 000167 VERA WATER & POWER 0001-031971.02 MAY 08: UTILITIES 66.05 0001-032805.00 MAY 08: UTIL(TIES 21.63 0010-003488.01 MAY 08: UTILIYIES 125.61 0018-031941.01 M11Y 08: UTILITIES 62.60 0018-032752A0 MAY 08: UTIUTIES 20.71 0030-031942.01 MAY 08: UTILITIES 48.69 0098-000005.00 MAY 08: UTILITIES 1,714.40 Total : 2,059.09 14862 6124J2008 000100 WABO INC. 16643 2006 I'ERFORMANCE CODE 43.09 Tota I : 43.09 14863 6/24/2008 000038 WASTE MANAGEMENT OF SPOKANE 2142622-2681-1 MAY 08: TRASH REMOVAL 406.82 Total : 406.82 14864 6/24/2008 001178 WES7 PLAINS COMMUNITY FAIR Refund REFUND DAMAGE DEPOSIT 50.00 Total: 50.00 14865 6124/2008 000061 WILHITE, DIANA 2nd QTR CELL ALLOWANCE 135.00 Total : 135.00 14866 6/24/2008 001074 ZEE MEDICAL 0161287288 1ST AID SUPPLIES: CITY HALL 417.18 Total : 417.18 101 Vouchcrs for bank code : apbank Bank total : 807,107.80 101 Vouchers in this report Total vouchers : 807,107.80 Page: 10 ~ ' _ ` 0 0 0 vchlist VouCher List Page: 11 06/2412008 9:48:66AM Spokane Valiey Bank code: apbank Voucher Date Vendor Involce PO # DescripttonlAccount Amount I, the undersigned, do cer.tafy under penalty of perjury, thati the materials have been furnished, the servicos rendexed., or the labor-performed- as described h.creiu and that the claim is jurt, due snd an unpaid obligati.on against the Cit,y o:f Spokaue Va]ley, and that; I am auth.orized to authenticste and certify gaid. clai.m. k~inancc Da.r.ector Dnte A!T.ayor Da te Council Mcmber Date Page: 11 CITY OF SPOKANE VALLEY ~ Request for Council Action Meeting Date: July 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: Sprague/Conklin Signal PREVIOUS COUNCIL ACTION TAKEN: Amended 2008 TIP through resolution 08-008 on May 13t', 2008 which included this project. Approval of developer agreements for Shelley Lake on October 23`d, 2007 and Lowe's/Kohl's on May 201", 2008. BACKGROUND: Spokane County and the City of Spokane Valley have collected several developer contributions to construct a signal at the intersection of Sprague/Conklin. With the construction of Lowe's and Kohl's the signal is now warranted for installation. The Lowe's / Kohl's developer was conditioned to complete the signal design and did so in late 2007. Developer contributions were based on engineer's estimates at the time of approval. Contributions are summarized in the table below. Develo er Contributions Pro'ect Contribution Lowe'sJKohl's desi . $39,053 T,owe'slKohPs cqnsta-uctinn $108,447 ~ Shelle y Lake $99,000 Mini Stora e $1,566 Rosehaven - Paras Construction $82 East Valle Senior Mousiii collected by S okane Coun y $505 Wal-~'lart Ea ansion - Vanclervert Construction collected b S okane Count $1,650 Total Contr~ibutions S250,303 The City requested a quote from Knife River to construct the Sprague/Conklin signal as a change order to the Appleway Avenue project. The construction quote came in higher than the engineer's estimate, resulting in a funding shortfall of $33,969. Pro'ect Costs Pro'cct Flement Cost Knife River Construction Quote $222,926 Iaesi m aid b Lowe's/Kohl's $39,053 Construeeion lns ection (cstimated at 5% $11,146 Conl:in gency estimated at 5% $11,146 Total Pro'ect Cost $284 272 RECOMMENDED ACTION OR MOTION: Move to approve charge order to Knife River's Appleway Avenue reconstruction contrac# in the amount of $222,296 for the construction of the SpragueJConklin signal. BUDGET/FINANCIAL IIUIPACTS: The construction shortfall would be paid from contingency funds from the Street Capi#al Projects Fund (307). Q STAFF CONTACT: Neil Kersten, Public Works Director; Steve Worley, Senior Engineer - Capital Projects ATTACHMENTS: 1_ n/a 0 CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: July 8, 2008 City Manager Sign-off: Item: Check all that apply: (D consent ~ old business ❑ new business ❑ public hearing ❑ information ❑ admin. report ❑ pending legislation AGENDA ITEM TITLE: Barker Road BridgE Replacement Project (#0003) - Artwork Change Order Approval GOVERNING LEGISLATION: PREVIOUS COUNCIL ACTION TAKEN: Approval of 2005-2010 Six Year Transportation Improvement Plan, which includes the Barker Road Bridge project, 2) Approval of a Local Agency Agreement and Project Prospectus with WSDOT, 3) Approval of Consultant Services Agreement for Type, Size and Location Study and Final Design Services, 4) Approval of aesthetics treatments not to exceed $74,000 at November 7, 2007 rneeting; 5) Award of construction contract on June 3, 2008; 6) Artwork discussion at July 1, 2008 Study Session. BACKGROUND: When Council awarded the Barker Road Bridge Project to Morgen & Oswood 0 Construction Co, the structure of the bid required awarding the project with all schedules and additive bid items. The additive bid items were for artwork to be placed on the pedestrian barrier, retaining walls and pier caps. The total artwork bid of $145,000 exceeded Council's previous authorization of $74,000. Council discussed the artwork issue at their July 1, 2008 Study Session and decided to delete the artwork for the retaining walls and the pier caps. This would leave artwork on the pedestrian barrier only. A deductive change order to the contract is required to delete these artwork items. OPTIONS: 1) Delete Additive Bid items C2 and C3 from Morgan & Oswood's contract for the Barker Road Bridge Replacement Project, or 2) provide additional direction to staff. RECOMMENDED ACTION OR MOTION: Authorize the City Manager to amend the current contract with Morgen & Oswood Construction Co., Inc. by deleting Additive Bid items C2 and C3 related to artwork for the retaining walls and pier caps. BUDGET/FINANCIAL IMPACTS: While most of the project is federally-funded, the bridge artwork is funded entirely by the City. Item C2 (retaining wall artwork) was bid at $55,000, and item C3 (pier cap artwork) was bid at $62,000. Deleting these two items will reduce the overall project cost and cost to the City. ~ STAFF CONTACT: Steve M. Worley, Senior Capital Projects Engineer Neil Kersten, Public Works Director ATTACHMENTS: CITY OF SPOKANE VALLEY - Request for Council Action Meeting Date: July 8, 2008 City Manager Sign-off: Item: Check all that apply: 0 consent D old business ❑ new business ❑ public hearing ❑ information ❑ admin. report ❑ pending legislation AGENDA ITEM TITLE: Appointment to the Spokane Regional Solid Waste System Performance and Financial Audit Selection Committee GOVERNING LEGISLATION: PREVIOUS COUNCIL ACTION TAKEN: BACKGROUND: An oversfght commitCee comprised of elected officials has been formed for the O Spokane Regional Solid Waste System Performance and Financial Audit. That committee is a sub-set of the Liaison Board with four members representing each of the various jurisdictions: Spokane City, Spokane County, Spokane Valley and the Regional Cities. Additionally, a Selecfiion Committee will be formed comprised of staff inembers appointed by each of the four jurisdictions, hopefully someone with knowledge of solid waste. A fifth memtrer will be an independent agreed upon by the other four. The Selection Committee will recommend the most qualified firm to the Director of the Spokane Regional Solid Waste System (see Part V, Section 5.1 in the RFQ). OPTIONS: RECOMMENDED ACTION OR PVIOTION: Move to appoint Public Works Director Neil Kersten to the Spokane Regional Solid Waste System Performance and Financial Audit Selection Committee. BUDGET/FINANCIAL IMPACTS: STAFF CONTACT: Neil Kersten ATTACHMENTS ~ CITY OF SPOKANE VALLEY ~ Request for Council Action Meeting Date: 07-08-08 City Manager Sign-off: Item: Check all that apply: 9 c.onsent ❑ old business ❑ new business ❑ public hearing ❑ information ❑ admin. report ❑ pending legislation AGENDA ITEM TITLE : Payroll for Period Ending June 15, 2008 GOVERNING LEGISLATION: PREVIOUS COUNCIL ACTION TAKEN: BACKGROUND: O OPTIONS: RECOMMENDED ACTION OR MOTION: BUDGET/FINANCIAL IMPACTS: Gross: $ 201,125.86 Benefits: $ 27,367.20 TOTAL PAYROLL: $ 228,493.06 STAFF CONTACT: Raba Nimri ATTACHMENTS ~ CITY OF SPOKANE VALLEY 0 Request for Council Action Meeting Date: 07-08-08 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 : Payroll for Period Ending June 30, 2008 GOVERNING LEGISLATION: PREVIOUS COUNCIL ACTION TAKEN: BACKGROUND: C) OPTIONS: RECOMMENDED ACTION OR MOTION: BUDGETIFINANCIAL IMPACTS: Gross: $ 218,733.55 Benefits: $ 109.793.45 TOTAL PAYROLI: $ 328,527.00 STAFF CONTACT: Raba Nimri ATTACHMENTS O DRAFT ~ M.TNUTES SPECIAI.. MEETTNG /RETRFAT SPOKAIYE VALLEY CITY COUNCIL June 14, 2008 9:00 a.m. -3:00 p.m. Attendrmce: Councilmernbers Staff Rich Munson, vlaynr Dave Mercier, City Manager Dick Denenny, Deputy Mayor Mike Jackson Deputy City Mgr Rose Dempsey, Councilmember Neil Kersten, Public Works Director Bill Gothmann, Councilmember Ken Thompsan, Finance Director Steve Taylor, Councilmember Mike Connelly, City Attorney Gary Schimmels, Councilmember Cary Driskell, I7eputy City AtCorney Diana Wilhite, Councilmember Kathv NlcClung, Community Devclopment Dir, vlary Kate Marti.n, Building Official Rick VanLeuven, Police Chief Carolbclle F3raneh, Public lnfonnation Officer Chris Bainbridge, City Clerk Mayor Munson convened the meeting at approxirnately 9:10 a.m. l. Upclated r inancial Forecast - Ken Thompson vlr. Thompson e:cplaineci the "Multiyear 1'inancial PIan-Gcncral Fund-Problem Statement datecl June 1, 2008, and said tlaat there have been some significant changes sincc this document was last issued; that the projected sales tax had been increased aller January to 2%, but that we are trying to get a more ~ realisCie pieYure and this figure represents about 1.6% less than the prior year. Mr. Thompson also stated that the gambling taa is significantly lower with one Gasino making weekl_y payments, one casino in bankruptcy, and one which hss not yet paid. In response to a question about options to collect the tar, Deputy Ciry Attorncy Driskell said it might be possible to rcqui.re the landlord who rents the operation to pay the taxes. Mr. Thornpson further explained that the carryover from the prior year is up subs/antially compared to prior years, and that we attempt to account for an annual 8% increase overall in erpenditures. Mr. Nlercier added that with the wage settlement wit}i Sheriff Deputies over the next three years, we could expericnce hi;her e:cpenditures there as well; and that the bottom line fgure in 2013 and 2014 show some serious cliallenges. 1.t was noted that although the sales tax increase figures (Spokane Transit and Crime Chec;k) are unknoNvii at this point; lhey could have an affect on dur figures; atid Mr. Mercier mentioned that with the passage of those ballol issues (interoperability) we won't have to rely on a series of federal gra»ts which relieves the problem of coming up with matching funds; and added that the added funds F'rom the ballot issue will not likcly bc used to upgrade the mobile data in cars, but woulcl more lil:ely be used for the ne~v handheld raclios. Mr. Thompson conLinued with the explanation of "Slreet Fund-Problem Statement #2" dated June 1, 2008, ancl said that diis shows our most serious challenge; that anol.her transfer will occur in 2009 to help balance that budget, and said khat he has asked Public Works to hold tlle expenditures at $4.2 million, which will be dif~icult to do, especially iF we e?:perience anothe- r rough winter. In response to coinmcnt about the motor fuel tax, Mr. Thompson said that amount is fixecl, ancl people are driving less now due to the high cost of fuel; and that -vve need another $2.5 million anjiually in the street funcl. Mr. Thompson noted that it is interesring that entitics on the west side of the state use a B&O tax, while entities on the east side tend to use the utility tax. ~ Mr. 7'hotnpson said that the good news is that the "City of Spokane Va.lley-Capital Improvement Program Punding I'roblem Statement 0", dated June 6, 2008, shows the capital sicle of finance•s in pretty good shape; and that although real estate sales were coing strong, that has slowed down now as well; that we Retreat Minutes 6-14-08 F'age 1 of 10 Approved by Council: DRAF7' are beginning to draw down the street capital projects now that we have staff to do the projects, and inentioned that the bids are coming in higher than anticipated. ,vlr. 'rhompson said it is diffieult to put ~ together the data as the street fund jumps around depending on whether die Sate is willing to help funcl any projects, and that those projects are eonstantly changing. M.r. Thompson also pointed out the Storm Water Drainage jurnp from $300,000 in 2011, to $500,000 in 2012, 13 fuid 14. Public VVorks Directnr Kersten stated tliat in 2012, the Aquifer Protection Area fees that are being appmpriatecl now to the STEP, which ainount to ahout $400,000, will be focused on scorrnwater projects. Conceniing capital projects, Mr. Thompson continued by erplaining that we might have to eventually prioritize those prqjects as he envisions not being able to afforcl everything; a»d added that we will receive about $300;000 annually from the block grants. Mr. Mercier explained that we have just entered into a three-year agreernent with the County whercby we cvill receive entitlement dollars from dhe HUll, and after that tiir►e period, wc will make a dctermination whether to go on our own. Mayor Munson asked whal happens to the funds once the project is complete, and Councilmember Gothmann said the grants would continue out a few years and then the funds would be rolled back into tlie coflers for distribuCion; and added that perhaps we would look at futurc negotiaeions for a set-aside amnunt for our Cily. Mayor Vlunson mentionEd he reeeived an e-mail from Greater Spokane, lne about participating iii future planning for econornic development, and asked Council for a consensus to have representation on that planning group. DepuCy Maynr Denenny staied his preference to get furthcr information and more de6nil:ions in order to determine tivho might want to participate. Mayor M.unson-said t,he first meeting is Monday and hc asked for a placeholder in tlie group; and that he will send an e-mail today about the meeting. Councilmember Wilhite said that she could attend the 2:00 p.m. meeting. Mayor Munson said he also received a rcquest for suppart of fedcral low income loans for federal housing, and that a draFi letter will be inserted as an inforniational item in the ne?ct council packet expressinb support of such loans, and if therc are quesCions, he asked Council to bring them up at the next meeting. , i 2. Revicw 2008 Council Goals-laave \dercier -in review of't:he 2008 goals, City Manager Mercier reminded everyone that goal 7(iaevelop a Shoreline Master Progran) was deleted as a fimction of last January's retreat, aocl stated that goitl #6: "Perforni an analysis of land ovvner initiatecf rcquests for annexation" is a nroblem as no one can petition for anneration until after the County resolves the Urban Growth Area Assignment, which appears w•on't occur until the end of t.he year, if then. City Attomey Connelly eommented that oncc the County acfopts the eai5ting UGAs as our future annexation areas, wc could attempt to process a peticion for annexation, but th'at the County might want to challenge such as they haven't assigned those gray areas as the Ciry of Spokane Valley's. Discussion ensued regarding the ovcrall process, the area Liberty Lake annexed and that it never came before the GMA Steering Committee; and that based on availablc infprmation, perhaps we should amend dlis goal to state that "by the end of this yecrr lo have our future annexution areas identrfiecimr.cl mvve fortivard" and tliat such goal would be bcttee placed as a 2009 goal. This led co further discussion about the City having identified future annexacion areas by the encl of this year; that aIthough no one has stepped fonvard, there would likely bc landoNvners who would indicate lhey want to annex into our communiry as somc residents such as those on Park Road have expressed interest. Councilmember Taylor suggested having the annexation procedures taken carc of through the comp plan by the end of this year, theii start to inform the public of the steps necded to request anneYatioii, and that they would be able to do so in 2009, then perform an analysis of the areas in c4nsitleration. Further discussion included the suggestion by Attorney Cor►lielly to hire somcone to perfnrm sucli aii analysis to see if annexation woulcl be a positive or negative step and tp budget for such analysis. It tivas deterinirled to drop the old 2008 #!6 goal (perform an arrnlysis), and add a nelv #G goal to address contpleting the UGA adopting lungctage to identify ftrture annexati,nn. Mr. Mercier added that we have a transportation furiding presentation set for the July 1 council meeting, and that staff will come back with more f information on revenue sources within the next monch to posture council so Council can make decisions which could flow into t}le struclure of the strategic plan. Retrcat INinutes 6-14-08 I'age 2 of 10 Approve.d by Cou.nciL• nRAFT ~ 3. Proposed 2009 Council Goals - Dave Mercier City Manager Mercier explained t:hat the first six draft 2009 goals come aUout as a result of the January 2008 retreat, but that there was confusion over the item regarding continue using private sector for winler maintenance, so he changed the langLiage for #6 to "evaluate" the availability, costs and effects of private sector vendors perfonning winter road maintenance fnr the City, and addcd #7, to "Phase in a document imaging systcm with the goal of achieving city-wide implementation in 2010;" as the continuation of the records management work will entail selecting a softwAre s}°stem, then initiatina the scanning process which will likely take 18 to 24 months for temporary employees to scan the documents into the system; adding indexing was alsA mentioned. Mr. Mercier continued by stating that since he was not in attendance at the January 2008 retreat, he was not sure of the intent of goal m2 to "ccmtinue monitoring the Police Department" and that after the cliscussion later today concernina the enforcement assessment, Council may wa»t to re-visit a goal related to the police clepartment. ivlr. Mercier eeminded everyonc that today's desired outcome is not to have fiiial wording of these goals, bLrt to consider these and that the tnpic of 2009 goals will be placed on the advance agenda for further considerakion; anct that Council can pass over 42 now, revisit it aC the end of eoday, or discuss it at the July 1 meeting. Mayor v'lunspn said the idea was to look at what we are doing noNv, to establish those policies th<<t council wrould be responsible for in monitoring the police department crime levels, and number of personnel, and the idea was to keep this in front of Council to get reports and assess the performanee of the police force. Mr. iVlercier saicl one nf the delibemtions for dhis assessment is the reasonable pcrformance levcls for the police department, and that wc might wrork on language fneused on monitoring performance levels of the police department. Deputy vlayor Iaenenny said part of that is he wants co see what pnliey decisinns coulcl affcat the actians of the police department, and to determine where we want the levels and what areas to emphasize. O Mr. Mercier statecl that Rick Vani.,euven is working on a presentation for Council within the next month, and t.hat staff is searching for the anpropriate performanee measures which will lead to better define the policy goals. ln further discussion, Councilmember Taylor said that he would like answers tn the question of what goals are they opcratino under now, what are t.hey Crying to achieve now, does that need to be amended, and what is needed to deternline where the needs in the community 3re; and added that he looks fonvard Co the Chief s presentation in July. Mr. Ivlercier also mentioned that to get where wc want to be, it will be helpful ta have this assessment product, and the idea is to state the standards of co►nmunity policy and determine how we are doing, are we doing the right thing; so we want to have the assessment, look at performance, judge policing policies, and cletermine if we are gaining the desired effect. ln considering aeher goals, Attorney Connelly said staff recognizes the need for ongoing revisions of the i)evelopment Code in a number of areas, of the need to make it more streamlined, idetttify speci6c road projects; reserve acquisition areas, and that this will be an angoing change. Mr. Alercier saiggested.for a 2008 gnal ro ►•efine the UDC, rnrd for 2009, huve the goal of the coittittued refii2ement nf the UL1C. This discussion will be conti.nuetl al the July 1 Cnuncil study session. 4. Public Informatian Program - Mike Jackson Dequty City Mana?er Jacksoii explained khat atthough we have an ongoing communication progrtm, staff is working toward furthering that "Public Iiiformation Program" and he went over the listed options for information sharing. vlr. Jackson further explained that Publie Information Officer Carolbelle Branch is conducting research, and that he aiicl Ms. Branch and Ivir. Mercier went through the matri:c to develnp all potential options; that the idea is not to necessarily use all the options at once, but rather five or six for any given issue; and he thcn briefly w'ent over some of the benefts and clisadvantages of each as listed on O the matrix. Regarding the street fund, vir. Jackson stated that there are a number of articles on the web, and we are trying to get the wnrd out on tlhis issue aiid othcrs; and that we can try to do everyfhing in- house or contract out some of it; ancl he likened this plan to that used to market Centerlllace, that a Fact Sheet can be distributed, put on the website, and even included as a newspaper inscrt. Mr. Jackson said IZetreat Minutes 6-14-08 Page 3 of 10 Approved by Council: nxAFr t-hat Ms. Branch contacted people at Eastcni Washington Univcrsity to ask about what multiple plalis work well together so as not to dupliaate or ovcrlap. Councilmember Gothma.nn said that there might already exist some formal studies or research on how citizens best get information abnut cornmunities, and that T'V1'U might provide awindow to that kind of research, and he addeci that the National Association ofNewspaprrs have conducted rescarch on thc effectiveness of various thiiigs. The discussion continued with comment on whether to have this in-house or by contract or by some combination; do we have the time and manpower to get this done; mention by Ms. Branch that this project is more than a one-person job ancl is just one aspcct of the Public Information officer's duties; and saicl having anothcr person in house at least fiill I:ime would be beneficial; ancl that this project assumes heavy invrolvement by Councilmembers to schedule for different evcnts and provide handouts. Mr. Jackson said the actual implementation will require outside sourcinD also for developing and printing a flyer or mailer; and saitf that a communication plan irnplies two-way communication; that other cites have established such plans, which are not typically just for a specific projeet, and we need to be ca.reful on how to approach a specific issue. Couticilmember Gothmann suggested having a range of issues such as thc City Center, taaes, strect problem, revitalization, and how we would approach those in the future. Both vls. Aranch zincl Mr. Jackson said that the eost range is large depending on the scope of wrork; that wc could do the groundwork, but Wroultl likely need assistance on the outside research, but that it is too early to state precise costs as they have iiot examined al1 the indivitlual costs. The discussion focused on the pros and cons of having in-house versus a contractor; all of which depends on the prioriey for the communications; witli mention that since hiring Ms. T3ranch; there has been a large increase in the number of inedia inquiries; and that we have numerous contacCs from the Jotu-nal of l3usiness on permitting information; there are cmployee newslctters, niedia relea,ses orl stornl events, all of«fiich are challengingfor a one-person operation, even with a gooci intern to assist. Further suggestions included comment that a lot can be generated by hiring the right person; not putting the burden on a ~ consultanl for work that should be cionc in-house; that staft provide t:he work plan and hire a consultant to carry out the plan; hiring somcone for just a few years, perhaps someone just corning out of colle-c with a marketing degree; question on the urgency of this program; speculation on having such program in plaec now versus later; and mention that this ciiseussion will be replayed in a public form after having more tirne to gather cnst estimates; and that July 1would make a good frsl touch, after which a motion could he placed on a iflter agenda, possibly by mid August. Ms. Braneh said that she will work with the proposed standardized plan from the menus as to all elements and brinb back cosl for each; to which Mr. Mercier added that we will also gather estimated cost for hiring consultant expertise to refine and supervisor the plan and its implementatian over the nest two years. Councilmember Tayla' voiced his opinion that he would bc leery about e?cpanding the commLmications staff permanently over a longer cerm; to which Depury Mayor Denenny aereed that we should look for a full time person for immccliate needs. Mr. Mercier said he will consider the options fQr mal:ing such a proposal. Mayor vlunson ealled for a short break at 10:30 a.m. and the group reconvened at 10:50 a.m. 5. Transporlation F'unding - K.en '[°hompson Finance Director Thompson explained that the street fund is our major financial problem, that it pays for maintenance and operations for streets; that staff identified several potential funding sources incJuding mention that a"Street Utility" tar is not in place yet so that is not feaSible at this timc; but that a °I'ransportation 13enefit pistrict (TB.D) with $20.00 vehicle tab fces could generate about $1.3 million; that a solid waste strect wear agrecment with a 3% tax could 'generate aii approximately $390,000; that we caniiot use lteal ]:state Excise Tax Reallocations (IZEE.'1) funcls for street maintenance as R.EET funds can only be usecl for capital projects; that the nvo options of property tax as shown on his handaut could generate $660,000, or a levy, which has tlie stipulation that 60% of ehe voters must approve wit-h 40% turnout of the last general election, which could generate $1,980,000; that a gas ta.a is not possible unless Retreat ulinutes 6-14-08 Pzge Q of 10 Approved by Council. DRAF7' ~ we are a border community, that a storm water tax of 3% could generate $49,500; and that a 3% telcphane tF►.x coultl actually generate $1.5 million rather than his previous eslimate of $50,000. Deputy City Attorney Driskell added that rega.rding the TE3D, he spoke with our bond counsel, and with representatives from AWC and the Association of VJashington Counties, to see iFthey felt they coulcl put iiito place the appropriate language to allnw cities to do street maintenance under the lieense fee; that bond counsel was not coinfortable with that and they arc «<orking to issue an opinion on that option; and that AVdC and the Ass4eiation of Washington Counties alnng with Gleiu► Miles af SRTC are workin}; to put refining language '►nto the Metropolitax► Transportation Ylan, which will be updated this September; that iVlr. Miles recomrnends the added language, and they feel this is the cure, and if we want to implement the Metropolitan Transportation Plan we could use a Ti3D for maintenance. rurther discussion included mention of the use of councilmanic bonds, general obligations bonds, increasing the solid Nvaste fee by $1.00 ar by a percentage to account for inflation; that various phone companies likely tfo not know whieh customers are within our city limits and which arc not; that snme cities have a 6% telephone tax; that Council has authoriri' to set a utility tax up to 6%; that we need a solueion lhat will last more tlian a year or two; usictg the 3% just for street maintenance then incrcase to 4, 5 or 6% later; mention of the vehicle tab fee which could generate $1.3 million for every $20 dollar fee; that there are exccptions to the tax fce such as government vehicles, private school vchicles, commercial trailers, and others; whether to require manclatory solid waste pickup and/or A reduction in the cost; that Solid Waste has reported they collect from approYimately 73% of the population; that any taa+ could be enacted by specifying the dedicated purpose; and that we cannot impose the tax without the cooperation of Solid Waste until the time periocl (seven years) ends. There was Cotarcil conserasus 1v move towurd the niundutory collection of solid waste, with bolh purveyors: YYaste 11lanagentent und Sunshine; followed by ~ spcculatioii on whether businesses already havc mandatory piekup. Mr. Mercicr said that while it appears solid waste is the agreeable course to try to develop some funcls to support strect maintenance, and asked what abnul a phone taa: in 200$? Afler brief discussion, Mr. Mercier said he will get the rates other cities are charging, and a.sked if council wants to Cry to satisfy the entire shortfall problem in street maintenance with these two options of solid waste and phone tax, which could be about tt 5% taa increase as opposed to 3%. I7eputy Mayor Denenny said he did not want to use both, as he wants sA►ne connecl.ion behveen the rnad maintenance and the road use. Mr. Mercier asked Councilmembers to conside•r a tab fee for 2009 to deF►I with street preservation. Iaenuty Mayor Denenny said he feels this issue needs furthcr public discussion. Councilmember Taylor said he wroulcl like to see the breakdown of numbers from solid waste with and without mandatory pickup; and with an added 3, 4, 5; and 6"/o increase, and the same analysis with the phone tax. Councilmember Gnthmann said that citizens like to sec how much it will cost them individually; for example, a 3% phone taa: would result in "x" aniount of increasc in the phone bill. Regarding solid waste, it was mentionecl that thcre are seve_ral pickup options and the currcnt rate structure now appears very complea. Mcryor 1tfunsvn suid he woasld like to get this clone hy the end ojthe year, arrd hme a malion on this issue within the nexc lhere montprs. Mr. Mercier said he plwis to present his preliininaiy budget to eouncil at the August 12 meeti.ng, and could get this fundamenlal mateeial prior to that, thereby providing ample opporlunity to continue this tliscussion for the benefl of the community. Attorney Connelly said that although Council cancurred to pursue the mandatory pickup, he reminded everyone that nothing ccro start uJficitrlly in thtrt regard as that has to he negotiated tivith the collectors. 6 Shoreline Master Program - I{athv McClung Community Develqpment Director VlcClung explained that we are not required to update our program until 2013; tl►at the one we have now is ve►y outdated, but we are waiting to see what the City of Spokane ~ and Spokane County's regulations will be as she hopes to pi-gyback on what they have clone, ancl once thcy get through the Department af Ecology's (DOL) review, it will make it easier for us to incorporate tMat; and that both entities pIan to have their shoreline master plan done by the first half of next year. Retrcat Minutes 6-14-08 Pagc 5 of 10 Apprnved by Council: DRAFT llirector McClung said that there are two components to this program: a shorelines inventory and the draft test; that nur city appliecl to the Washington State Dcpartment of Ecologv in 2006 for agrant oF over $135,00 but che grant was not funded; and staff will be on the lookout for grants as they become available. laiscussion ensued regarding the process and DOF requiremenls; the idea to pursue this later since .ve have until 2013; mention that regulations can change but will likely not get less strinDent over lime; that perhaps we could perform the inventory while the other eiitities are finalizing thcir Pro&qarns; fiinding neects for perfnrming an inventory; eontracting out the inventory «rork; setbacks; critical areas; and how we eompare with other similar communities. Mr. vlercier said that perhaps «<e should concentrate more on inventory as opposed to i.mplementation; that we would like to account for some prefeeences in the preliminary budget tuid eaii talk later about ouLSide assistancc as opposed to the inventory portion, but that he does not anticipate a budeet demand of $150,000 such iis that of Federal Way. Mayor Munson mentioned that he receivecl an e-mail from Rob Gmge of CroNvn West; conceming his dissatisfaelion with members of our planning department, and mention of his efforts coneerning disincorporation of our City. Mayor Munson said he spoke with Mr. Gra"g, Nvho also spoke with Kathy McClung, and since the conversation bchireen Gragg and Kathy, Mr. Gragg was very complimentary and satisficd that the Cily was not singlina him out ancl that he and our staff can wprk together; and that in the meantime, John Craig from the Spokesman Review heard rumors that Cal Walker was behind the disincorpordtion move; bul that Mr. Munson called Cal who said that was not the case. Ivlayor MLinson said when he talked to John Craig, Iv1r. Craig said that Crown Realty was inciling disincorporation efforts; and since then John Craig met with Crown RealCy concerning this topic; that John Crflig will be writicig an article on this issue; and that Crnwn Real[y also told Mr. Craig that Crow•n R.ealty was pleased with our stafE's contact. Mr. Mercier said he spoke with Chris Bero and Fire Marshall Kevin Nliller concerning this topic. Mayor Niunson said he will ask Crown Itealty to send another e-mail out about the latest response. _ 7 On-line Permitting - Marv Kate Martin Building Officer Martin explaincd that since the last developer's forum, there have been many pasitive results, and compliments tn staff several timcs a month; buC to use on-line permitting further study needs to be conducted in terms of continuation of customer scrvice enhancemcnt; that on-line permitling has bccome the standard with many developers who expect to have this; that the reality of on-line pcrmitting is that it is a challenge in that the dacabase still resides at the County, and we need a database adminiserator, that staff is examining the potential of having a position 100% to bring the dacabase here and aet set up with interface and necessar}° soCtware; that a server would be needed, including the hardware to put it on; and she added at her last employment, this process took nvo years to accomNlish with full time help to set up and ►nalce the database work, including training of staFf; but once the systein is in place, it takes about one-quarter to half of the database administrator's time to keep the system updated. Ms. Nlartin said that there are different stylES and staff needs to see how each would best interface, that ifwe want to go wit.h this pracess, wc would need to resolve lhose issues, and then it woulcl take another few years to have the system up ancl runnino.. Councilmember Taylor mentioned that the City of Spokane is still woeking with to get their system up and mmning aRer one and a half years; and evcn now they can only do so fnr ccrtain minor permits. V1s. Martin responded that s-taff has to input the data so developers can find where their projeet is in the system, and she added that the 1'LUS system is not set up for this, which means we would need another layer to do this, plus the training component. Ms. Martin concurred that most systems she is farriiliar with only work with simple perrrits. After brief diseussion on utility clistricts, M..r. vlercier asked aiid Council concurred, that lhe goal woul<t not be to affecc but to Crack the status, and refacus on the minimum amount of '►nterface to require viewing only and then have staff camc back and report t}lose findings. Rch-eat Minutas 6-14-08 Page 6 of 10 Appravcd bv Council: 1aR11 FT ~ R Citv Genter Initiative - Ken Thompson F inance llirector Thompson explained that the added series of documents are good for future reading; and some of the funding sources mentioned in the handout, such as sales tax, won't be very significant fnr a city eenter. Attorney Connelly added that there are several separate incremental financial methods, sue.h as a tax increment financing area (TIF) using regular property taxes generated by private new dcvelopment, use of sales tax, or going l:hrough other legislative procedures such as Transportation f3enefit District (TBD); or Local icnprovement District (I.LA). Mr. Thompson fiuther erplaincd that we would likely place t.his issue before the citizens to ask for some ki.nci of funding; that the cost of a Cii:y Center including going back to two-way on SpraDue/Appleway, would be approYimately $30 million; a parking strucCure is estimated at $10 million; that we are looking for some portion that would attract a developer and make people want to comc to town; that $13 million would be in internal streets such as landscaping and open spac;e such as a plaza. If such proposal would be placed on the ballot, Mr. Thompson explained, we could be asking for about 20¢ per $1,000 assessed value to handle the debt services, which would amount to an annual average increase of $40.00 per homeowner. Mr. Thoinpson reminded everyone that tbere are other city neecls competing for that same property tax dollar, such as street maintenance, capital projects; parl:s projects, and a City Hall; and added that the CoLmty needs appraximately sevcn to eleven week's notice to place an issue on a ballot. Discussion included the iclea of waiting anotlier year; concentrating on whlt fimdinb we need for City Hall, which Mr. Kersten estimated to be $18 million; attracting a developer to devclop the City Center; and havina sornediing in place prior to attracting a developer. Council concurred with Deputy MayAr Denenny's suggestion of concentrating on city hall, then go to the voters. tlttorney Connelly added that negotiations are on-going for the purchase and sale, and hc encouraged Council to look at all financing options, and mentioned that there might he some federal tax. credits available which could be used to allure developers; but that mosc tax increment financing takes money fram the city general fiinds from ~ other years. The idea af grants was mentioned, and `Zr. vlercier said our lobbyist did a fveryear review o f capita l bu dget a l loca tions ma de a n d o nly o n e c i ty h all pro ject received functin g; adding that we are also examining the idea of (easing to own. Concerning a timeline, vlr. Mercier said the plan is tn acquirc the site and pay for it this year, and eontinue with city hall planning, then license staff to pursue a cEill for interest to finns willing to consider a conslruct lease-to-own proposition. The Rmup stopped for lunch at 12:25 p.m., ancl the meetilig reconvened at 1:15 p.m. 9. La-w Enforcement Services -17ave Mercier City R9anager Mercier brought attention to ttie supplemental materials in thc packet, and distributed a new sheet entitled: "Law E-Inforcement" Assessmcnt oP Issues and Items of Interest v9ay 19, 2008." IvL•. Mercier explained that as we do for all the Counly services we contraet for, we asked fbr altenrnarive analysis; and said that there was awide range of canversation at the last: January rctreat conceniing a performance analysis; and to cxamine options and laok at data on how to flpproach that, we rely on thc services of an external agent; and added that everything we've done with law sincc the beginning, has had political undertones; and that he would like to de-politify this issue; that ICMA (international City/County Mana3ement Association) has a consultino group which specializes in this partieular type of review, wliich they have coclducted witli other ciCies; that the ICNIA Public S1fety Services team is Iccl by L.eonard viatarese, Director of Public Safety Services, 1CMA Consulting Scrvices, who visited us last April and met witii the Sheriffs Office, our police Chief Rick Vani euven, dispatch, and Mr. Mercier to assess what information is available. Mr. R9ercier said that he composed a list of issues on the ha.ndout, and askecl that team to include the scope of services with these critical indicators; that this list was shared with Chief VanI..euven to make sure the most critical indicates were included in the study. Mr. Mereier further eYplained that they eomposed a tearn of highly credentialed inclividuals to look at our situation; ~ that the price lag for their participaCion is Sl 10,000 for their basic consultant serviccs, plus about $16,400 for non- overhead expenses, whicli is primarily travel; and he further explained that this group tried to set the ceiling of cast to equate to the cost of having one police officer on force for one year. The Scopc of Itetreat Mimltes 6-14-08 Page 7 of 10 ApprAVed by CounciL• DRAF7' Services, iV'1r. Mercier statccl, speaks to issues raised, that Mr. Mercier is introducing this document today and looks to movc forward in the near future to present this fornlally for council consideration at a council meeting; tihat this cost is within the city manager purchasing authority, but this is a very significant issue, aiid it is staff's policy to brinD those issues tn counail in a public setting. City Manager vlereier said the basic operational plan is to try to assemble the information we have intimate knowledge about, and relay it to council for council commentary, so when Council is ready to revicw this, it Nvill be mature enough tA warrant further consideration and incorporate anything elsc in the study if necded; that the plan is to have a nineh'-day review period, with a final report by November 1 aRer a preliminary report in October. Mr. Mercier also mentioned that this assessment is not necessarily concurrenl witti the Sheriff Office coneraet rc-negatiation; and that we have askeci them to look at thnt contraet and see what things should be modernizecl or corrected; that he (ylr. vIercier) and Sherift I'iezoVich met and he imritecl the Sheriff to start to identify factors that need to be netotiated or to get clai-ifealion of what aspects nee_d to be ncgqtiated. Councilmembcr Ta_ylor mentioned he recalled some other review lhal wa.s recently conductecl, and Cliief VanJ_,cuven mentioncd that they hired Consultant I7avid T3ennett regarding the jail; and said that will be an ongoing process as it involves law enforcement, tlle couris, and the corrections operations; atid they want to examine alternatives to jailing people; and Chicf VanL.euven mentioncd that they are aware lhey arrest some pe:ople numerous times beFore thcy actually see their day in court on the fusl charge, and that thcy -vvant to streamline that proccss. City Manager Mercier rnentioned he had a conversation with Sheriff Kneznvieh about a month after we paid off the debt on the precinct building, and the Shcriff suggested rather than have them responsiblc for 44%, it should be 14% ot tlle builcling, justifying that by explaining that the holding/Iock up facility, which is a major portion of theie occupations, was not being used. 1vir. Mercier said he and the Sheriff ` calked last week; that the Sheriff would be going back to the County administralion regarding the risk af ~J them maintainina that space and to reconsider whcther to continue lhat occupancy. Mr. Mercier said he purposely wants this all done openly, that this is not a fault-finding expedition but an onportwlity to look at current daily performance, suah as what is their current deploymeot policy; using the people in the best manner, the right numbcr of people; lhat we are not drivina the outcome bu[ are trying to get a thorough eYamination done by people who do tllis as a matler of course; and Ihat we want them to look at cconotnies of scale; ttlat they are well versed about Chat and he talkecl to Sheriff Knezovich about that as well. Mr. Mercier said the Sheritf's Offic: will be an active participant in this report and it requires the full cooperalion from all concenrned in order to undeestand the reasons why they are doing what thcy are doing; that he will share the preliminary report a.s well as everything elsc about the study. Chief VanLeuven added Chat in his meeling with Mr. Mataresc, they discussed some particular things to examine and to have his people explore data from various people, and that Mr. Mat-irese was nlcased the Police llEpartment collects the type of data he's lool:ing for; and Chic1' VaiiLeuven mentioned that the police department keeps a.n enarmous amount nf data which is available upon review; and that they loak forward Co tbis evaluation as they feel it will be beneficial, and perhaps wil) discover bctter or best practices lo use; that once the report is revicwed by Council, if Council has recommencled policy changes or cleployment in cectain areas, such as school resourec officers, traffic or Ueher, they will be receptive to listen to those to meet those customer needs and develop positive customer service; adding that he agrees the contraCt they are working off nAw needs to be updated; and hc fccls the SherifPs Office is looking fonvard to reviewing this report. Mr. Mercier also stated when LconArd Matarese met with Sheriff K_nezavich; at the end qf the hour, the Sheriff asked Leonard if diey'd do an additional report for Spokane County; so Mr. Mercier said he feels there is positive cooperation. As an aside, Ivlr. Mercier said the number of officers per 1,000 populalion is not used very much anymore, but that in Coday's policing environment, Chey need to deeerminc tlie nature nf erime in the community along with other factors to ~ determine the proper staffing levels. Ma}ror Munson said that lie had heard the Sheriff's Office was not behind the work we are doing-, but viewed this as us eventuaUy having our own department; and that it is Reveat Minutes 6-14-08 Page 8 of 10 Approvect by Council: DRAF'T ~ encouragi.nc to hear that the Sheriifs Offce is working with us on this. M.r. Mercier said that the SheritPs Office does register concern tlhat if the report says it is Financially more attractive to have our own department, that they dreacl thae outcome; but that he would not go out in the community making sounds about the citizens being unsafe unless we have a certain amount of off cers. Councilmember Taylor mentioned that we are not going to xhis process with a previously defined outcome; that no clecision is being madc now, but we are merely doing a much needed review of our police services and are grateFiil tn have the county involved; and prior to receiving this final report, he tirould like to have a study session item of discussing the police force to go ovcr what they do, the various componenls in order Co get a feel of what is involvetl; that Council has discussed what is involved in the proccsscs of othcr city departments but not from the policing sidc. Mr. Mcrcier concurretl and said staff ,would be happy to come back with organizational charts to show the functions within the police department; to which Mr. Taylor addetl that he wancs a complete overview, to include how many officers are signcd on, and how each component is resourced; tivhat does "patrol" meaii, how thcy interact with SV1'AT or others. Councilmember Gotlvna.nn stated that on April 30; 2007, he reported to Council after visiting with Doug Silver, who gave him a report on the statistics; and Counc.ilmember Gothmann distributed copies of Eaossible police services goals he dralied which inclucled proposecl methods and eost for each; and statetl his objection to having an indepcndent performance assessment done, said that the Sheriff's Office should eonctuct their own, and as one of his su,ggested goals, we should increase our level of partnership with the Sheriff's Office. Othe.r Councilmembers disagreed and explained that if we pay for a service; especially one that cost $14 miUion annually, we have an obligation to makc surc wc are aettinD what it is we contracted for, at the scrvice level expected, and the best way to do such would be tlirough an independent assessment. Mr. Gothrnann added that his stated goals wotild be gnals frnm a citizen's point of view; ~ that he doesn't care about the internal, but docs care if they are solving the crimes for our residents; that the report being proposed is a report foe a contractor, and Councilmember Gothmann stated he feels we should not be in the business of analyzing cfficiencies and intennal operations of one of our contractors. Deputy Mayor Denenny said the prEmise of Mr. Gothman.n's statement sets him aback; as we don't trEat our police as a department yet it is; that becausc we are contracting with the Shcrifif's Office we havc allowed ourselves to step back and say we're not concerned with efficiency; that this is 50% of our budget and a major component of the eiry, and as such we are oblioated to look at every piece and t.reat this as if it was completely purs. C:ouncilmember Gothmann replied that he feels it is not a good use of our public's mnney to pay another $130,000 for wliat amounts to aii efficiency study. Council eoncurrGCl to put this item on the July 1" council study session agenda, for an eventual rnotion to considcr authorizing the ICV1A stucly. 10. Information Only: Work_Proeram The annttal workplan for 2005 was inserl:ed in the packet as an information onl}' item, ancl was not cliscussed. The group took a short break at 2:19 p.m. ancl reconvened approYimalely five minutes later. 12. 1'ublic polic Mayor Munson asked to have this item peior to the Braining storming item. City Attorncy Connclly said he was askecl to give soine legal definitions of public policy as defining what council can do versus what aclministration can do; and he briefly reviewed the materials from M12SC (Municipal Research and Scrvices Center of Washington), concerning "Roles and Responsibilities" ancl further ARSC materials cletailing "Policy Versus Administration," followed by briefly reviewing RCW 35A.13.230, power of 0 council; 35A.1 L.020 Powers vested in legislative bodies of noncharter and charter code cities; RCW 35r1.13.0$0 City Manager 1'owers and Duties; ancl RCW 35A.13.120 City manaber inrerference by Councilmembers; which means that Council can only tcll staff what to do by telling the Ciey Manager ltetreat Minutes 6-14-08 Page 9 of 10 Approved by Council: DRAFT what they want done; and Councilmember Taylor added diat such Council direction should comc in the forin of discussion5 at public meetings, to which Mr. Connelly Agreed stiitina hat they can only di.rect the City Manager Fuid cannot act unless such action is ta}:en at a public rneeting; that anything outside a meeting is more of a communication; and that an informal poll or telli.ng the City Manager that he or she sneaks on behalf of the Council is mea»ingless, and said that there have been lawsuits in other jurisdictions resulting from such "straw poll" tactics. Ma}ror Munson asked Cotuicilmembers to let him, Deputy Mayor Denen.ny, or Vir. Nlercier know if Council would like this discussed further at a study session. 11. Brainstorming Issues and ideas discussed ineluded problems associatecl with the wastewater treatment planc, including how to approach the rnonthly sewer costs and ho«< that will affece residcnts; running out of capaciey during the time it takes to get the permit; if the issue goes to court it could get tied up for ten years; that the standards we are to meet are unattainable; dratvbacks in not using the City of Spokane's system; Playfair bcing put up for sale; and the County likely proceeding with the design build option and authnrizing canstxuction of the plant. Impact: fccs and what they can be used for were also discussccl; the problem of no baseline study; tbese issues and the City of Spokane; concurrency; -whether to caisider impact fees for Cransnortntion, schools, and parks, just transportation, or some other option; and getlino ttle impact fee sYudy completed. It was also mentioned that Clark County or Vancouver's process might be one to researeh. Mayor Munson said diat he met with Julie Wilkerson who brought up the idea of having neit, ,hborhood counsels and she w<inCed to k.now our position; that Mayor Munson sai(i at this point he feels those counsels being sponsored by the City would bc counterproductive to making this a whole city; buC lhat neighb4rhqods could organice without staff support, as having staff support is not mandatqry. Councilmember Gothinann agreed, and Councilmcmber Taylor said that the City of Spol:ane has had ~\1 some plannin~ paralyzed because oF inrghCing in neighborhood counsels. Mr. ivlercier said it is good to realize that in the election cycle, there is ahvays the prospect that four seats can change after llecember of next year; and if this goup ch'►nks there is unfinished business to attend to; to identify such issue so that it can be scheduled for action prior to Uecember of nexC year. Council's suggcstions included road issues, City Hall, and the SpragueJAppleway Revitalization Program. There being no fiuther business, the meeting sdjournecl at approtimately 3:02 p.m. ATTEST: Richard Munson, Mayor Ch.ristine F3ainbridge, Cit), Clerk Retreat Minutes 6-14-08 Page 10 of 10 Approvcd by Council: URAFT ~ NIINUTES City of Spokane VAlley City Council Rcgular Mecting Tuesday, June 24, 2008 Mayror Munson called the meeting to order at 6:00 p.m., and welcomed everyone to the 139th meeling. Attendance Citv Staff: Rich Munson, Mayor Dave Mercier, City vlannger I7iek Aenenny, Deputy Mayor Ivtike Connelly, Cily Attorney Rose Dempsey, Councilmembcr Ken Thompson, Finance Director 13i11 Gothmann, Councilmember Neil Kersten, l'ublic Works Director Steve Taylor, Councilmember Kal.hy McClung, Community Uev. Jairector Diwa Wilhite, Coimcilmember Iviike Jaekson, Depury City Manager Nlike Stone, 1'zirks & Recreation Direc_tor Mike Basingcr; Senior Planner Absent: John Whitehead, Human Resourccs Manager Gary Schimmels, Councilmcmber Rick Van i..euven, Police Chief; Scott Kuhta, Senior Plan.ner k3i11 Miller,lT Specialist Chris Bainbridge, City Clerk IlVVOCATION: Pastor Manuel Denning of Fountain Ministries gave the invocation. 1'LFDGG OF ALLF-GIANCE: Councilmember Wilhite lcd the Pledge of Allcgiance. ~ ROLL CALL: City Clerk F3ainbridge callecl roll; all Coimcil.members were present except Councilmember Schimmels. It was mvved by Councilmentber 7crylvr, secondetl, und ununimozrsly ugreed to excuse Cotorcilmemher Schimmels from tanighl's meeting APPltOVAL OF AGENUA. Ic was moved by Coimcibnember Taylor, seconded and urianirnously agreecl to approve the agenda. ]NTRODIJCTION OF Sl'ECIAL GUFSTS AI~'i) P1tESFNTATIONS: n/a GC)MMITTEE BOAIZD LIAiSON,SUMNIAFtY REPURTS: Councilmember Taylor: no repnrt, Deputv Mavor DenennyLreported that tae attencled the Association of Washington Cities (t\WC) meetirig in Yakima; and gave his compliments and kudos to vlayor Munson for emceei.ng many Cimes during the conventian; regarding the Spokane River, he asked everyone to note that effective July 1 in Spokane County, it will be illegal to sell dishwashing detergent containinn .5% phosphorus or more by weig t. Councilmcmber Dempsev: no reporl. Councilmember Gath~nann: said that the Pan.handli»g Committee met this past week and had members of law enforcement comc in to discuss the legal issucs, and the next meeting will inelude the topic of availability of social services; that he aYtended the Housing CommuniCy Development Advisory Committee; and the AWC Conference in Yakima. Couneilmember R'ilhite: reported that she also attended the AWC Conference in Yakima. MAYOR'S REPQR'T: Vlayor Munson reported that he attended the June 11 rally at Joe's Sport Store on Indiana where a group of representatives Erom a motorc}rcle club met to eseort the Vietnam Memorial ~ Wall to iMoses Lake; he attended the gifting of the memorial piece of the olcl highway to the local Museum; he was a judge at last Friday's CoffeE Clutch; Nvhich is a program to keep kids out of jail and into rehab programs; he attendecl the cancer walk at East Valley H.igh Sehaol; the AWC Conference; Council ReAular Meeting: 06-24-08 Page 1 of 8 Approved by Council: DRAFT signed a letter to the Washington, D.C. delegation asking for more help for the purchase and opem, rion of the radio system jusl approved as pari of the recent interoperability ballot issue; and mentioned that the 911 CommiCtee meeting was hcld today where they discussecl how to implement the 911 improvemenes and new radio towers; and he attendcd a luncheon w•iCh several independent realtors retarcling the Sprague/Applewa_y Revitalizalion Plan. Mayor Vlunson said that he would like to schedule a joint mceting with the City of Spolcane Council, and asked our Council which dates they preferred: July 29 or 30; or another date. Councilmembers concurred that July 29, from noon to three would wrork well for such a meeting. PUBLIC COMI'fENTS: Mayror Munson invited general public comment. Dick Bchm, 9405 E SpraQue Avenue: iis part of the Spokane Valley Business AssACiation, he read his June 24, 2008 letter to the vlayor and Councilmembers regardiiag being in a period of economic down turn and the hiring of a consultant to study the eity police deparhnent with the goal of cietermining if the ciry should form its own police department; he said that he cannol attend the July 1 rneeting; so he wanted to add his comments tonight; t:hat prior to the incorporation of the City, he experienced four or five burglaries weekly in the Dishman area; but this has not been the case in the lasl fve years; and he has an outstanding respect for the City Police Department, and the letter asks the Council not to apprnve the City vlanager's request. D_eann_ a Hormann 13 19 S Shamrock: as mentioned in her hantlou[ with the subject: "Rvalley Acres- Gouneilman Bill Gothmann-Police Services Doeument" she mentioned her disapproval of the proposal to have an assessment of the Police Department at a cost of S130,000; and rebuked the City Manager's gaal antl the goal of at least three Councilmembers to gct rid of the Spokane Coimty Sherifl's Office as the Ciry of Spokane Valley's law enforcement provider; she quoted statistics prepared by Councilmember Gothmann t.hat t}ie City of Spokane Valley has the lowest cost per capita for law enforcement of the ~ twenty cities included in the docimentation; Statecl khat the Valley City ulanager, his staff and memhers ~ J of the Council had previously stapped the Sheriff from using Valley faciliiies and said that that training " has moved frorn our jurisdiction to elsewhere; as have the <lollars; that the City has not taken the SherifPs Office offer of having classes aimed at making our roads safer; she statecf thal Sheriff Knezovich was instrumental i.n bringing back Crime Check; she lauded the wrork of Chief Vanl,.euven but said that the City Manager wnn't Ict the Chief speak lo the Carnmunity withnut the City A2anager's pcrmission; and said that the City Manager seems only to be interested in control and micromanageilient. Councilmember Taylor stated a correction to Ms. I-1ormann's statement and said that it was Council's and not the Ci[y ManAger's decision regarding not housing the Sheriff Office training at CenterPlace, to cvhich Ms. Hornlann responded t11at Council sliould havre found away t:o makc it work as she felt Council erred in tliat decision. Gartli 1'Varner. 17415 E 17'b tAvenue: also spoke regarding the pcnding Sheriff OfficeJPolice Department independent assessment; said that he has bcen recently ashamed with whal's happening in the City, that the Sheriff's office mEels with business people; that: hc is ashamed with the snow plowing and the t.h.reat of turning off street lights; thaC businesses are in dire straights and are sutfering; that they don't know if the couplet is goina through or the light rail to Liberiy Lake; that this nceds to be adjusted; and if all this means clissolving the City of Spokane Valley, then so be it. Marv Poll_ard, 17216 F Baldwin Avenue: cavc a haiidout of a picture of a target wilh a message on it; said that the target was put on a fenee on private properly and people had been shooti.ng nai] guiis in a horse pasture; construction workers were urinating in public; and that one pf her neighbors was told that the police were instructed not to come to the neigliborhood; but since Sheriff'Knezovich came on board, he came out a.nd talked to neighbors a.ncl they havc peace; and that the fornier Chief of 1'olice Cal Walker told the neighbors he could not Nvrite a lettcr because Dave vlercier told him not tn; and mentionccl that the police chicf should not be Lreated like a lackey; and she encouraged Council fo keep the structure we have. Cauncil Regular Mceting: 06-24-08 Page 2 of 8 Approved by Council: DRAFT ~ Riiv Perry, 2020 N EIv: said he aDrccd with the contents of Dick 13ehm's letter, and said we should not hire a group of penple from someplace else to tell us how to run our Sheriff Office and Police. Chuck Hafner, 4710 SWoodruff: said in speaking with people, he wanted to make sure he had the facts correct; that he understands this will be discussed at the July I meeting, to loak at a motion to hirc ICMA tn undertal:e an assessment of the la-*v enforeement services presently serviced by the Sheriff Office at a cost of about $126,000; thal the City Manager is a member of this TCIv1A and has been since 1976; that hc feels there are a number of "whys" that necd answers, such as why spend that mqncy for an unnecessary study; there have been no eomplaints about the Sheriff Officc serviees; we have been rated #4 on crimes and second in crime reduction, and why spend money when we are rated the 91 denartment in cost; anct why cloes Couneil eontinue to put up hurdlers; that Crime Check was a four to t.hree vote by Council because of budgetary concerns, and that this is why residents of Spnkane Valley are beginning to hate City Hall. Mavor Munson respondeci that he and the members of the public will get a lot of answers at the July 1 mceting; and wc can provide members of the public with the information used at the retreat concerning this discussion; and said that it was not the City Ma»ager who came up with this propdsal but Caimcil; and was done co ensure we are getting our money's worth; that this is not a wasteful task but a prudcnt oiie; and said that no action has been taken at this point in looking at the police contract. Janice Cooperstein, 9716 E 45`h: regarding the police matter, she supports the statements inade rcDarding this study; and said she is concerned for those same s/atecl reasnns; that the citizens elect the sheriff now; and the citizens like the current situation and would hate to see it chan~e. Marilyn Cline, 1_3303 E lU'": said she was asked by neighborhood businesses and homc owners to speak on this subject about the poliee representation we htive; and that they feel it is good and they are happy; 0 and she said she wanted to F:now what kind of police protection Dave Mercier had at Aatdegrouncl for his fanil}; that Council is nnt Iistening to the people's wishes, and she asked Council if they want thern to picket as residents are upset; she said the patrol and protection is good; but police morale gaes do-vvn when we examine the contract and therefore public safery is at risk; she said Rick VanLeuven is wonderful; but people clon'I get to hear from him; she said they are satisfied with the SherifPs Office; and she said she had been asked how many cities in the US do not get to vote for their manager or their mayor; and said these residents dan't get to vote for either as they are picked a►nona the eouncil and people live with the results. Chuck Simpson, F, 9003 Cataldo: speakinj to this same issue, he mentioned the SheriMs Office conh•act said he has been in business for 39 years and has seen aUout five different Sherifgs; and that Sheriff Kncrovich is the best as is the Spokane City police chief; that there is good police response wMen calling; that he liked to tisten to Mark Furman on the radio and liked to listen when the}' hacl Ann 1Cirkpatrick on; but we won't allow our police chief to talk on the ration station; and that he hopes Council uses wisdom ta see how the operation is with Sheriff's affice and kecp the contracls going. CQNSENT AGFNDA: Consists of iterns considered routine which are apprnved as a group. A Councilmember may remove an ilem from the Cnnsent Agenda to be considered scparately. a. Approval of Meeting Minutes of June 3, 2008 Council Study Session b. Approval of Nleeting Ivlinutes of June 10, 2008 Council Special Mccting, E:cecutive Session c. Approval of M.ecti.ng Mi.nutes of June 10, 2008 Regular Council Meeting It was moved by Councilme»iber Taylor, seconcled und imuiiimously agreed to approve the Consent Agendn. ~ Council Regular Meeting: 06-24-03 E'age 3 of $ Approvcd by Council: . i DRAk'T NENV BUSliqESS: \ 2First Readinn Proposcd Urclinance 08-011 Amcnding Comp Plan Text and Map - Grcg NcCormick After City Clcrk Bainbridge read the ordinance title, it tivas nroved by Cvuncilmenrher Tuylor and secondecl, to advance Ordinance 08-011 to a second readi►ig. Via his PowerYoint presentation, Senior Planner Basinger gavc an overvie-w of the prnposed amendments and mentioned that lhere have been no new slides since the frst iteration; and at Mayor Munson's prompting, Mr. Basinger alsp gave an overview of his June 24, 2008 Memorandum concerning findings associateti with CPA 03-08. In retiponse to Councilmember Dempsey's quesCion concerni►ig the clistance from a senior housing project and retail, Ivir. Basinecr said Chat seniors prefer usitig transit systems, and this proposal would be close to a medical cenCer, and is on the transit corridor, which is in keeping with policies. Mayor Mtmsan added that resi<Iciits would be eliDible for para-transit services as well in that area. N1r. dasinger reminded all that there is no guarantee that the acttill property will be used for assistecl living, even though that is the current plan, adding that this will also require Typc 1 landscaping. Mayroe Munson asked for public commenC on anything other than 03-08, as he wrould take those comments separately. Dick Behm 3626 S Ridgeview.Drive: gave a brief histQry on the Argonne Mullan corriclor, and mentioned that Spokane County hacl promisecl it wouldn't oo more than a half mile deep in tha[ area; and saicl that people don't move out very often,ls the area has affordable housing and meets people's neecls, and added that it is imporlant to also consider what kincl of neighborho4d will be eneroaching into the area, zind said that people depend on zoning to proteet their property. NIayor Munson said there are several people who indicated lhey would like to speak eoncerrling 03-08; aske.d if one person wants to speak for the group, that pcrson will be given five minutes; others will be given three minutes each, and he askecl people te plcase not repeat wliat has already been slated. Kathrvm VI3nn, 505 N N9arguerite Road; she read her written statement concerning Marguerite R.oad; and ` said the proposed rezone tn Garden Oftice is of no benefit to the residents of the existing neighborhood; that they are a moder<<tc income area; the roads are narrow with no white line running down the middle, no sidewalks; and the traffic is local; and she askcd Council to respect the many residents living there ancl support the intention of the neichborhood lo remain residcntial; and to uphold the municipal code alrcady in placc as the guideline for determining dle best plan for nur eity. Michael Mann, 505 \ Marguerite Road: said he observed with the one way streets ancf how convenicnt it is to go cither way; and said tliat will hAppen tn Marguerite; he stated his conccrii that a change will make his road int'o another Willow Street; he feels it is the wrong place lo this put [devclopment] but would support the transition of multi famil}' 1 but not low density to office. Kevin Pereira, $821 E Valley Wav: he statetl that Chapter 10 of our comp plan discusses preserving and protecling the neighborhoocls; but this change w•ould have serious reNercussions and threaten the character of the neighborhood; it would allow commercial development to continue along Marguierte and npen the west side to mult:i-family development; and would be setting a precedene; and if approvetl, this wrould mean Council would have to approve garden officc across the street, and he mentioned the developer`s mention in the May $ planning commission meeting of the possibility af a public cestaurant; and he statcd that this is nol the plaee for one; it could bring 160 new residents, and increased traffic along their narrow streets; and he feels the correct zonine wauld be multi family; he said of the eleven retirement communities in our city, nine are zonetl multi family, two are commercial around the hospital, so they are surrounded by commercial desijnations. Bobbi Beese. 3610 N Sargent: she said that her parents resicie at E 8907 A1i, and they askecl that she speak fdr them tonight; she saicl there is no way she can make this proposed chanoe a positive lhina; she feels this would orphan six homes, one of which is the home of her parent.s; they would be there with apartments on onc side and office on t'wo sides looking at offiee across the street; she said that people in a Council Regular Meeting: 06-24-03 Page 4 of 8 Approved by Gauncil: DRAF"I' ~ residential area would suddenly be looki.nD at comrnercial ancl that is a big risk concerning property value; she mentioned regarding the possibilityof dcmolishing historiaal homes, t«ro of whieh are in good condition and saicl that there are lots of reasons to believe this project is not beneficial; she saic1 lhat the Planning Commission suggested approval based on the planner, and the facts have determinetl tihat the planner is a formcr classmate of the develnper assigned to the case, which she said is an apparent conflict of interest; that there is nothing here to make a person believe this will become a nursing home; and Chat there are many differeilt signs for off►ce between Mission and Valley Way and that we don't need any more office in 1:hat area; and she questionecl the benefit to the rest of the city; and said that this person [applieant] ssnt out q flyer for an open hpuse, but made it the date of the last work session meeting, and hc didn't show up and there was no note oF cancellation. Joe Stov 11.04 A! 1'errine: said he bas been working with the owr►er oF Boulder Creek Development as well as the five parcsls in nuestion for eleven ycars; they developed a site plan for thcse five lots; and said that when owner bou3ht the lots they «<ere in run down condition; but that the houses noNv are in good condition as the owner fixed lhem up to use for rentals until he could figure out what he wanted to do with the property; and said they are planning a retirement home for this site and they pla.n on keeping the huge trees; and said there will be a twenty faoC greenbelt betwecn Marguerite and any face of their buildinD; that they took the access off for Marguierte as the City Code said they Woulci have to direc:t traffic toward aii arterial w}lich is Aroonne; he saicl tbat parking is away from Marguerite toward the interior of the site; that if the area were zoned muti family, they aould put in an apartment complcx which would be worsc then a rctirement home; and that this project will meet code requireinents anct ADA [Americ;ans with Disabilities Act] pa.rking requirements; and that they will keep as much pf the landscaping as they can; that they saw one tree that was damaged which might have to be talcen out; but they want to keep the buffer beriveen them and the residents; he also mentioned that six homcs have sold ancl pcople are moving ouC of this neighborhood fnr various reasans, and said tliat a rekirement home is a ~ good use. , Mott 8907 E All:i: mentioned that very little has been said abaut Alki but that is a very important Grep street in their neighborhood; he said that other policies in the comp plan encourage rehabilitation and upgrade and encourage ncighborhood preservatinn, but this plan will not do thaY; he said that presently he see the backs of buildings, sce dumpsters being emptied and sees garbage trucks; and now they want to build similar t}iings one hundred feet closer to them and that will destroy their neighborhood and his way of Iife; he said that it is important to stop expanding; ancl that this is nnt part of the Argonne Corridor and that the}' were told way back and promised that the edge of the corridor would be a half block in, but now it is expanding au►cl he wondered how much f.urther it wnulcl cxpand; and he asked that Couneil turn down lhis project. 1n response to a question from Council regarding height limits in Garde» Office, lv1r. Aasinger said the limit for Garden Office is 45', and the limit in Office is 100'. Dwisht Hume 1101 N Mountain Uew Lane: said he is speaking on behalf of the applicant and speaks in favnr of this request; he said that those offices developed were developed under less pertormance stvidards khen the ciirrcnt requirement,s; that the purpose of garden office is to be transition into resicient; that there is existing garden office existing over to Sargent; he requested the remainder of that site he clesigned office Nvhen developing the comp plan map, but a madified garden office; he said that the Use Matria allows universities; and said that the applicant has contiguous ownership of all five parcels; that this could be a master plan and through SE1'A and other things could be complied with, but it can't be mitigated by using a part oP office compleY rather than an i.ndependent site with more intense single family cfcvelopmenf; he said that senior fam.ily housing is the intent; but he recognizes that all uses of ~ garclen office zone are available to them; and that they have the opportunity to do a master plan of the whole five parcels, and that is what could happen. Council Regular Meetino: 06-24-08 Pagc 5 of 8 ApprAVed by Council: I, DRAFT John Hamerskv. 623 N Mar ug~erite_ said t.hose office buildings have their back to the freeway; and the streets to the west arc I-iutchinsal; he said there are offices by the railrnad traeks, and Safeway backs up tn Marguerite; and dlat all that vaffic cames ancl goes off Argonne; and that 1VCargueritc is a residcntial street. v Barta. and for Edward Barta 8802 Fast Valle ywav: said they are opposed to this change as it Kerr would adversely affect the health and safety of the neighborhood; and said it would continue until the area is comnletely unravelcd; lhat the City planner responded lhat commereial penetnitions occurred alortg several places along the corridor, but they only are at Ivlission; and the City Planner has ndt fully elaborated; as this woulcl be a substantial cleparlure frorn the existing land uses in this area. Ter Stein 8810 E Alki: said concern to this change and qf the neighborhoad intcgrity, said that she has been there for sixteen years and has seen chwlges; that this is a pe,aceful place; that there is snme talk about the health and safety, but she dnesn't understand how that is establishcd if this does not meet the needs of this paiticular area; that she has a has disabled son and is concemed about his safety with additional traffic, and is canecrned with neNv families with small kids that play i.n dlis neighborhnod, and feels it is safe to take wall:s now, but adclitional traffic would be an issue. 17enni3 Rau ist, owner af 12ropc!ly in question: said oF the fnur houses on MFU'guerite; ewo werc dnig infested houses when he bought thern; thev hacf lats af garbage; and one owner had over 100 cats with manure a foot deep; that he stressed that the plan is for all access ta come off Arbonne; 1:hat they owm Marilyn's hair studio and would take that dowm; and added that those four houses were very old with knob and tube wiring and thcy 1re having a hard time getiing insurance for them; that he has been devclopina sinec 1997 and mentioneti that the Starbucks on Broadway and Argonne is one of their projecls; as is the office building behind them. Rvan Burtenshmv. 4212 N Vereler: said he has been lookiiig aftcr the properCy for Raua st about last six years; they clo quality buildings; they are tryino to mesh with the neighborhoocl; conclition of current property is vaeant and weecls; slone foundations that are leak'►ng; Nlr. Raugust has remodeled to make it look nice and they screen tenants hcavily; in the last year they've been aetive, six houses were sold, and hc has four rented, another fnr sale; said that they like the big beautiful trees and are trying to fioure out how to fix the one tree; he has redesigned the buildi.ng to have access off Argonne; parking would come on the we.st side and buffers away from the people; and [heir desire is to make it a pleasant neighborhood and upgrade it from the hauses that are literally falling on the ground. R~n Rau~ust. 9~2 ~~st Alki: said he has been living there the lASt fvc months anci that it is a nice neiahborhood; and that this project would complete the neighborhood; that he has grandparents who soon will have to have some assistance; said that he realizes the imnact on families and wants to do something; and chis will help their family and others in the communiry, as it is bad whcn people c.an't find housing; and said tfiat all the retirement centers are full or quickly fillina; and this is a need not being met, and he urged Council to vote in favor of the project. As there tivere rio further conrnients, tlttring council discussivn, rt wus moved by Cnuncilmember Gothmann und secotuled to [crrnend the nrotion] to remove CI'A 03-08fran orclinamce 08-0I1. Discussion of this motion inclutled eomments froiii Councilmember 1"aylor and laeputy Mayor Denenny that this ordinance should move forwarci with the original motion, and then if the majority of council wants to tii}ce more time and voCe it do,,vn, that opportunity would occur at the second rzading. Counc:ilmember Gothmann scated his reasons for the motion, sueh as concern about the height, ncw families moving into the neighborhood, the need for low cost housing, that the area should be residential, and that Gardcn ~ Office is wrong, but it would make sense if it were zoned multi family. Councilmember Taylnr eountered by stating that we are not keepino affordable housing by keeping cnimbling houses; and that wit-h the proposed project, we will make sure the proper buffers are in place. Ma}ror Munson asked about the Council Regular iv9eeting: 06-24-08 Page 6 of 8 Approved by Council: DRAF°I' ~ components of multi farnily and of what might be allowed if that change were to occur; to which City Altorney Connelly said it might be best to ask staff to bring back information on the consequences of what that change would mean. Further discussion included the need to Further discuss this; and to ask staff to prepare the aforementioned multi-family infarmation prior to the second reading of the ordinance. Vote to umend the motion: In Favor.• CouncilmEmber Goth»imm; Opposed: Mayor ebi:iirsoir, Depuly Mayor Denenrry, arrd Councilmernbers Wilhite, De.mpsey, and Taylvr. Abstentions: None. Motion failed Yote w: the original motion tn adva»ce ordinunce 08-011 to a second reutling: In Fcrvor.• Mayor Munson, Deputy Muyor Denenny, and Councilmembers Tuylor, Gvlhnzarln and Wilhite. Oppased: Coimcilmember Deinpsey. Abstentions.' iVone. 1Llotion carried. Mayor Munson asked Council if they want to ask staff tn give ideas of the implications of this property if it werc rezoned to muti-family, to whicli he and Couticilmembers Dempsey and Gothmann eoncurred; and therefore this will come back again on a future agenda. Mr. Basinger said that the applicants asked wliat could they do with the recommended garden office, and he stated thaC designation generatcs less Crane, and less noise and would have less of an impact on traffic lhen would multi-family. Mayor Munson called for a recess at 8:20 p.m., and hc recon<<ened the meeting at 8:36 r.m. 3First ReadinQ Praposed Ordinance 08-012 Amenclin * Comp 1'lan: "Goninp, Map - Greg McCormick After City Gerk l3ainbridge read the ordinance title, it waS mvved by Councilntefnber Tcrylnr urtd seconded, to advwrce ordinarice 08-012 to a seeond rEUdit:g. Senior Planner Basinger e:cplained that this Ardirnance takes the map amendments from the comp plan and imple•ments the subsequent zoning; ajid the entire ordinance is the zoning map changes. Mayour Munson asked for public comment; no comments were offered. Vote by Acclcinration: Jn Fuvar: Urianinious. Upposed.• iVone. Abslentioris: Nate. Alntion ~ curriecl. 4 I'ropased Resolution OY-O l 4 Adopting 2009-2014 TIP - Steve Worlev 11 tivas moved by Courtcilmember 7'aylor mid seconderl, to utlopt the 2009-2014 Six Year Trunsparlatian Improvement Plun us presEntEd. Engineer Worley explained that in keeping with our annual charge, this is the six year `tIP for 2009-2014; and that wc have previously held the public hearing as required, and that since the previous review of the I'lan, there is one change as Coimcilmember Wilhite pointed out a project conflict as the project to concrete the intersection of Sullivan and Inciiana, project 418, will conflict as that same time we will bc using this as a detour; so staff rceommencis switcliing prpjeet #18 with project #23. It was tlren n:oved by Cocrncilmember Wilhile atzd secortded, tn unreird the mvtian 10 chtrrrge projecl #!S cmd pr«jecr #23. Mayor Munson uivited public commenl; no comments were offered, and the vote was unariimous to ameiul the motiorr. Yote on the amended motion to adopt the 2009-2014 71P cjualgirrg Project 9I8 ►vith Prnject #23: Li Favor: Unanimous. 4pposed: tN'orte. Abstentions: Y`,one. Motion curried. 5. Motion Consideration: Pine"j . ansfeld Contract Award - Steve Worlev It was moved by CozincilniemGer Ttrylnr and seconded, to crx.ard the Pines/Mansfield Corridor Congestion Relief Project brd to the lawest respotuible bidder. rngineer Worley distributed copies of the bid tabulation, and said that stlff recoiaimcnds awa.rd of the bid to Inlaiid asphalt. It was tjierr rnoved by Coturcilmember Wilhite ancl seconded to rnnend the motion to include the lvord.s after resporrsrble bidder: "Inland Asphult in the umount oj$3,061,916.95. Mayor Vlunson invited public comment; no comments were offered; ajid the Council vote to amend the motiorr was unanimous. Vvte on the anaended nrolion to mvard the Prnes/Mansfield Corriclor Congestiott Relief 1'roject bitl to the Irnve.st responsible biclder, hilrnrd Asphnlt in the amozint of $3,061,916905. bT Favor: Unani►nous. Oppased: Notre. Abstentions: ~ Norre. Motinrs carried. Council Rcgular Mccting: 06-24-08 Pagc 7 of 8 Approved by Council: DRAFT 6. iMotinn Consicleration: Authorization ta Submit July 1 Audit Repnrt to State Auditors - ChriS Bainbridge It was moved by Councilmember Taylor and seconded, to aulhurize the Muyor to execute Ihe uttached Legislutive Report, artd have staff fortivurd it to the State Audrtor's Qffice as reguired by voter apprvved Inrtiative 900. City Clerk Bainbridge explained that this is the last step in the Public Records Performance Audit, and that accoeding to initiative 900, Council must approve and submit their report. Mayor Ivlunson i.nvitecl public eomment; no comments were offerecl. VotE by Acclumativn: In Fuvor: Ununimozls. Opposed: Norie. ilbstenliotts: A'one. Motion carried. PiIBLIC CONA'IZNTS Vlayor Ivlunson invited gcneral public cvmment; no comments were offered. 11 ivas moved by.Deputy rWayor Denenny, seconded crrrd uncmimocisly crgreed to ex[end the meelirig to 9.• I S p. ni. ADNUN[STRATIVE REPO1tTS: 7. Bernardo Willis and GGLO. City I-lall Program Repor[-Neil Kersten 3Vlembers of Bernardo Willis a.nd GGLO Nvenl through lhei.r PowerPoint of the City Hall Program Report aiid explained that they are not prepared to discuss where city hall wil) be located relative to the area, and said that this project plan is site neutral; and said that scction 2 mission st,atemcnt and projecl goals has not yct reccived forrnal buy-in from Council, but dhat it was felt the statement might be a good starting place, and as they move fonvitrd, they woulcl eventually like Council buy-in on the projeet goals as well as the ovcrall Pro~ram. It ►vas nraved hy Cozrrtcilmember 7ir}+lor, seconded and unaniniuusly agreed ta e,rlend the meetir2g to 9.•30 p. m. Costs were also briefly discussed and it was mentioned Council will also eventually be asked for this approval as well; witM mention by Mr. Kersten tliat the document will change as we grow and move along, that this is nnt a fixecl doeument but a good ouidancc; and he askcd that Couneil review the Program and let staff know of any desired changes. Mr. Mercier mentioned that die idea is to let this plan materialize the way presented, that the.re arc fundamcntal decisions for Council to think about, and that this will be placed on a future agenda for continued discussion. TNFQRMATTQN QNLY: The City Hall Sitc Planniiig Contract, Spokane Regional Solid Waste Auclit, Letter of Support; and Department Reports were for information only a.nd not reported or discussed. EXECUTiVC SESSI:ON: Land Acquisilion It ivas moved b_y Deputy 1Vfayor Dey2eririy, seconded, antl ununimously agreed !o acjaurn intv Execulive S'essivn to discuss lancl ucguisition for trpproxinrately thirty minvtes or less, rnid that there ►vould he no uctiorr thereufter. Council adjourned into executive session at 9:30 p.m. Maynr Munson decl•u-ed Council out of crecutivc session at 9:55 p.m. and it was tiren moved by Councibne»rber Tcrylor, seconded, und urranimourly agreed to adjozirn. `I`he meeting adjourned at 9:56 p.m. ATTE-S7: Richard vlunson, Mayor Christine Bainbridge, City Clerk Council Rc?ular ~lcetin?: 06-24-08 Page $ of8 Approved by Council: ~ CITIf OF SPOKANE VALLEY Request for Council Action Meeting Date: July 8, 2008 City Manager Sign-off: Item: Check all that apply: ❑ consent ❑ old business ~J new business ❑ public hearing ❑ information ❑ admin. report ❑ pending legislation AGENDA ITEM TITLE: Motion Consideration: Approval of Interlocal Agreement for fire Services GOVERNING LEGISLATION: RCV11 39.34 Interlocal cooperation Act PREVIOUS COUNCIL ACTION TAKEN: Spokane County had entered into an agreement with the fire District in October of 2000. this agreement was followed by the City of Spokane Valley and fees were incorporated in to the fee schedule adopted by the City. until the City Council approved an Interlocal Agreement with the Fire District in August of 2006. This was also an administrative report at the July 1 Council meeting I. BACKGROUND: Subsequent to the adoption of the current agreement the parties have recognized that a number of services performed by both the fire district and The City are not clearly delineated in the agreement. Changes have been made to reflect what actually is done by each entity. The changes in red are those changes proposed by the Fire District after reviewing the City's proposal. OPTIONS: RECOMMENDED ACTION OR MOTION: Move to approve the Interiocal Agreement for Fire Services in the City of Spokane Valley, and authorize the City Manager or designee's signature thereon. BUDGET/FINANCIAL IMPACTS: NA . STAFF CONTACT: Mike Connelly, Mary Kate Martin ATTACHMENTS: 1. Proposed Agreement DRAFT ~ After Reeording, return document to Spoksine Valley City Clerk 11707 E. Snrague Avenue, Suite lOb Spokanc Valley, WA 99206 INTERLOCAL ACREGi'vIE\`T FOR FIRE SERVICES N THE CITY OF SPOKANE VALLFY (June 2008) THIS AGRFEMENT, made and entered i.nta by a.nd between Spolcane Valley Pire T)epartment, a special purpose district organized and operating under the laws of the State of Wash.ingnon, having offces ~ for the transaclion of business at ] 0319 F.ast Sprague Avenue, Spnkane Valley, 1V3shington 99206, hereinafter referred to a.s the "Departme►it" and the City of Spokanc Valley, a municipal corporation of the State of Washington, havino offices for the transaction of business at the Redwood Plaza, 11707 East Sprague Avenue, Suite 106, Spokane Valley, Washina on 99206, hereinafter referred to as "City," jointly hereinafter rcferreci ta as the `T'arlies." The Department ancl the City agrcc as follows. SECTIOV NO. 1: 12ECTTAT..S ANU FINDINGS A. Cities and special purpose districts may amtract with each other to perfonn certain functions which each may legally perform undcr chapter 39.34 RCW (lnterlocal Coopcration Act). B. The City has been annexed into the special purpose district served by the Department and the Department provides rnost emergency fire protection services in the Ciry. C. The City has adopted land use reg-Lilations; a series of safety codes for building construction, maintenance, and the use of structures aad their occupMcies, includiug the lnternational Building Code (IBC) and the International Fire Cocie (IFC). D. The City has code enforcement authority pursuant to RC1V 19.27.050 and fire investigation authority Lmder RCW 43.44.050. E. The Department has a Fire Preventinn Division, staffed by trained personnel that regula.rly conducl 6rc codc safety inspections and conduct fire inve•stigatiotis to determinc the origin and cause of fires within the City pursuant to RCW 52.12.031(7) and RCW 43.44.050. ~ Interlocal Agrcement forFire Services, Fire Department nl page 1 of 10 DRAFT ~ P. Both the City and the Department have a need for the services of the other and the City and the Department have the ability to provide these services. G. The duty of the Depart►nent to prqvide emergency services within the speeial purpose clistricl or uncler the provisions of this Agreement is a duty owed to the public gencrally and by entering into this tlgreement, the Department does not incur a special duty to the City, the property oNvners, residents nr accupants of the CiCy. H. This Agrecment is entered into for the benefit of the parties to this Agreement nnly and shall confer no benefts, clirect or imnlicd, on any khird persons. 1. 'I his agreement is intended to motlify anci replaee the prior Interlocal Agreement For Pire Services in the City of Spokane Valley ente- red into by the part.ies on the 19th of Juily, 2006. SFC'TIQN NO. 2: DI?FIl\`1'I'lONS A. Agreement: "Agreement" means this Interlocal Agreement beriveen the City and the Department regarding fire code complivnce-related services. B. Ljly: "City" means the City of Spokane Valley. C. Department: "Department" means Spokane Valley Fire Department. 17. Serviees: "Services" means those serviees identified in the currently adopted fec schedule. r. Compensation: "Compensation" means the amount of money which the City will collect and pay the Department for providing Scrvices as identifed in the currently adopted fe-e schedule. F. Uncontrollable Circumstances: "Uncontrollable Circumstances" means the following events: riots, wars, civil disturbances, insurrections, aats of tcrrorism, external fires and floods, volcanic eruptions, lightning or eartfiquakes at or near wIiere the Services are performcd anci/or that dircctly affect providing of such Services. SECTIUN NO. 3: 1'U'E7YUSE The purpose of this Agreement is to reduce to «7iting the PARTIES' understanding as to the terms and cnnditions under which the City and the Department will provide Services to each Ather. 1t is the intent of tlie PA.RTIES that Services to be provided will be consistent with the CITY'S Couneil/iManager form of government proviciecl Cor in chapter 35A.13 RCW. SF,CTIQ\T Np. 4: DURATipVAVI'I'II,DRAVVt1i., This Agreement shall commence on June , 2008, and run through December 31, 2008, and continue to be in effect on an annual basis thereafter unless one of the NAI2Tl:ES provides noticc as set forlh in Section 8. lnterlocal Ao eement for Fire Services, Fire pepartment 91 , Page 2 of 10 ~ DRAFT ~ At the conclusion of the iiiitia] term (December 31, 2008), this Ag-eement shall automatically be renewed fmm year to year thereafter effective January 1' /o Uecember 31 " All renewals shal I be subject to all [erms and conditions set fortti herein or as amended purstiant to Section 13 below. Any Part}' R18y withdrativ at any time from this Agreement for any rcasan whatsoever upon a minimum of 180 clays written notice as prnvided for in Section 8 to the other Parly. SEC7'IONNO. 5: PAR1'I:ES RESYOPISIUBIL1TiF.,S: I"he DrPARI"MENT will administer the International Fire Code, as currently adopted or subscquently arnended, for the CITY by maintaining a Fire Prevention Division, nerforming plan reviews, and by conducting iiispections ancl investigations. A. The 17epartment agrees to designate a fire code official to implement, administer, and tn work widl thc City to enforce the provisions of this code as provided for in the lntemational Fire Code section 103. B. Inspections oFex.isting occupancies slaall be conductecl as follows: 1. Inspections shall be performed under Section 104 ancl Section 105 of the IFC. 2. l.nspections in accordance wilh Sectioii 104 and ] OS shall be conducted on an annual basis except Group H occupaneies, which may be inspected semi-annually. In all cases the inspections are to be conclucted in a regularly scheduled manoer. ~ 3. I"he DEPARTMENT shall serve writfen notice of a violation of the IFC to the property and/or business as is appropriate. Re-inspection Af failed inspections will be conductecl not more tlian 30 ealendar days after the initial inspection. The thirty-day limit may be excaedcd if so doing clnes not endanger persons occupying or accessing the occupancy and the fire inspector sets ancl comments in Nvritin', a date certain for re-inspection. 4. If compliance is not achieved afler the first re-inspection, a second Mritten notice shall be served unle.ss there is an immediatc ha-r.ard to public safety. 5. If sftcr tJie second re-inspection non-compliance still exists, lhe DFPARTME1'T' shall confer with the 13uildiiig OFficial and joindy prepare the enforcemEnt action. The CITY shall be responsiblc for costs of code enforcement actions. The Building Official shall issue stop work orders as dcemed appropriAte. 6. At the time of the frst inspeclion; Fire Preventiott Division Inspectors shall determine if a valid permit has bcen issued to occupancies requiring a permit, pursuant to TFC Section 105. If a valid pemiit has not Ueen issued, the DEPr1RMENT inspector will take appropriate aclion to inform the nccupant of the loca) requirements. 7. Norivithslanding the fnregoing, immediate enforcernent and or other actians may be undeitaken by the CITY in lieu of warnings Qr re-inspections if to do so is neccssary to comply with applicable law or for other circumstances determined by the CITY. ~ lnterlocal Agreement for Fire Services, Fire Deparunent # 1 Page 3 of 10 DRAFf C. The Department shall eQnduct Fire I.nvestigations in conforrr►ance with the IFC and other ~ City, state and federal requirements. All investigations involving arson or mischievous burning shall be repdrted to the appropriate enforcement agency. U. A copy of plans submitted to the CITY for building construckion and alteration shall be submittecl bv the CITY to the Uepartment for review. Thc Taepartment shall be responsible for determi.ning: 1. F'ire hydrant locations. 2. ConnecCions for locations of standpipes and sprinkler systems. 3. Key box locations and approvals. 4. rire flow availability in all areas where the water provider does not have sufficicnt information. 5. Road access requirements to propetty and buildings for fire fghting purposes, including designated fue lanes. The CITY shall be responsible for implementing the DLPARTMEN'I'S determinatians thrnugh the CITY'S permitting process. E. 'I'he Department shall further assist the City in the review of plans for Automatic Pire Suppression Systems ancl Fire Alarm and Detectiqn Systems. F. 'I"he City and the Departmcnt shall both eonduct final inspections of new buildings other than single farnily dwellings or private garages. G. The Deparhnent shall review applications and perform field inspeetions of public fireworks displays to insure compliance cvith appliaable State ancl City, requirements. H. '1'he CiCy sliall assist the Department as neeessary in implementing and enforcing the Departmcnt's determinations under this Section No. 5. I The L7EPARTMENI' shall refrain from performing any of t}ie services specifieci in this paragraph upon request by the CITY. SECTTpN NO G: COST QF SCRVICE-S AIND PAYMEn'7 S The CITY shall pay the DE.PARTIvfENT the Gosts for Services provided by the DEPARTMENT under this Agreement <<s set forth in the currently adopted fee resolution. 'rhe C1TY shall collect and retain a $35 processing fee in adclilioii to the fees listed in the currently adopted I fee resolution. Fees collecCed on behalf of the Department shall be fonvarded by the C]'1'Y on a yuarterly basis to the 1?epartment. Either party iTiay dispute any claimed moneys nNved. In the cvent the PAR'I"IE.S eannot mutually resolvc Fviy dispute over moneys owed within thirty (30) calendar days from the time a written claim is made, unlcss othenvise agreed by the PARTLES, the matter shall be resolved pursuint to tfie vispute Resolution provisio►is set forth in Section No. 16. The selection of arbitrators as providecl for in Intcrlocal Agreement for Fire Services, Fire I7epartment 91 Paoe 4 of 10 ~ ~ I DRAFT ~ SeeCion Nn._16 shall commence within thirty (30) calendar days of the running of the thirty (30) calendar day timc frarr►e. The PARTIES recognize that it is not always possible for either PLuty to discover errars in nayment. The PARTIES further recognize thai there must be some finality to addressing such errors. Aceordingly, the PARTIES agrec that both PAR'I"IES are foreclosed from challengi.ng any errors in payrnent unless lhe ch3llenge is made i❑ writing to the other party widhin thirty (30) ealendar days of the last invoice of the calendar year. Errors raised witliin dhis time frame that are not mutually resolved shall be subject to the Uispute Resolution provisions set forth in Section \io. 16. SECT1Q\' ]VQ. RFI..ATF•i) RESPONSIBILlTlES 1N CON,TUNCTION R'ITH YR0VIDING SL'RV[CFS A DFPARTME\'T representative shall make reasonable efforts attend staff or cnuncil meetings as requcsted by the CITY vlgnager. A DI:PA.RTiMIENT representative shall make reasonable efforts to mcet upon request by d1e C1TY vlanager or his/her designee to discuss ar►y Service provided under the terms of this Agreement. SLC77d\ NU. 8: NqTICI: All nntices or other communications given hereunder shall be deemed given on: (1) thc da}' such notices or other communications are received -vvhen sent by personal detivery; or (ii) the third day following the day on which the same have been mailcd by frst class delivery, postage prepaid addressed to the DEf'AfZTiMENT ~ or the CITY at the address set for[h below for sueh Pa.rty, or at such other address as either Party shal) from time-to-time designate by notice in writing to the other I'arty: DEPARTA'IENT: Spokane Valley Fire 17eparhnent 10319 E. Sprague Ave. Spokane NVA 99206 CITY: City of Spokane Valley City Nlanager or his/her authorized representative 11707 East Sprague Avenue, Suite 106 Spokaoe Valley, Washington 99206 S.H:C'L'ION NO. 9: ASSIGNIVIENT No f'arty may assign in wliole or part its intcrest in this Agreement without the wrilten apprnval of the other l't1R`I'Y. SECTiON NC).10: llEPA1ZTMLNT/CITY FiNLPLOYEES 7'he DEPA.RTiv1:ENT sliall appoint, hire, assign; retain and discipline all employees perforcning DEPARTV1ENf Services under this Agreement according to applicable collective bargaininS ageements and applicable state and federal laws. The CITY shall appoint, hire, assign, retain and discipline all employees performing CITY Services urlder this Agreement according to applieable collective bargaining agreements and appliaable state and federal laws. ~ Interlocal Agrcement far Fire Services, Fire Deparniient #1 Paee 5 of 10 DRAFf i SCCTION NO. 11: LiABILITY ~ A. The DE1'ARTN[ENT shall iiidecnnify and hold harmless the CI'1'Y ancl its officers, agcnts, anci emplayees, f.rom any and all claims, actions, suits, liabiliry; loss, costs, expenses, and damates of any nature whatsoever, by any reason oFor arising nut of any negligent act ar omission of the DEPAR"I1vf.FNT, ils officers; agents and employees, relating to or arising out of perforniing Services pursuant to this Agreeinent In the event Chat any suit based upon such claim, action, loss, or damages is brouglrt againsc die CTTY, the llEPARTMEiNT shall defend the same at its sole cost and expense; provided that the CITY reserves the right to parl:icipate in said suit if any principle of governmental or pubtic law is involved; and if final jucigmient in said suit be rendcred against t}ie C1'IY, and its officers, agents, and employees, or jointly against the C1"1'Y and tlle DEPARTIv1ENT and dieir respccti<<e officers, agents, and employees, the 17EPr1RTNtEN'1" shall satisfy lhe same. B. The CI1°Y shall indemnify and hold harmless the DEPr1RTiN!tENIT and its officers, agents, and employees, from ajry and all claims, actions, suits, liability, loss, cnsCS, erpense5, and damages of any nature whatsoever, by any reason of or arising out of any negligent act or omission of the C17'Y, its officers, agents and employees, relating to or arising out of performing Services pursuant to this Agreement. In the event that any suit based upon such claim, action, loss, or damages is brou;ht against the DEPARTVI:ENT, the CI'1`Y shall defend the same at its sole cost and eYpense; provided t:hat the DEI'AlZ`rME\'T reserves the right to part:icipate in said suit if any principle of governmental or public law is involved; and if final judement in said suit be rendered against the L7EPARTMENT, and its officers, agents, arid employees, or jointly against the DFPAR'C'MENT and the CITY and their respective officers, agents, and employees, the CI7'Y shall satisfy the same. C. If the comparative negligence of the Partie•s and their afficers and employees is a cause of such damage or injury, the liability, loss, cost, Ar eapense shall be shared between the Pariies in proportion to their relative degree of negligence and the right of i.ndemniry shall apply to such proportion. D. Where an officer or employee of a Party is acting uncler the direction ancl control of the other Party, /hc Party directirig and controllinD the officer or employee in the activity and/or omission giving rise lo liability shall accept all liability for the other Party's ofFicer or employec's negligence. E. Each Party's duty to indemnify shall survive Che ternninltion or expirstion of the Agrcernent. F. The foreaoing indem.nity is specifically intended to canstitute a waiver of each Party's immunity under Washington's lndustrial Insurance Act, chapter 51 RCW, respecting the othcr party only, and only to the e;c.tent necessacy to provide the i.ndemnified Pariy widi a full zind complete indemnity of claims made by the indemnitor's employees. Thc PARI'IES acknowledge that thesc provisions werc specifically negotiated ancl agreed upon by them. G. The llEPARTMENT and the C11'Y agrec to either self insure or purchasc policies of insurance cnvering the matters contained in this Agreement with coverage's of not less than $3,000,000 per occurrence with $3,000,000 aggregate limits including professional liability and auto liability coverage's. Intcrlocal Agreemcnt for Fu•e Serviecs, Fire Department #1 Page 6 of 10 ~ DRAFT SECTtpN NO. 12: RELAT.IONSH:IP OF TAE PAI7TIES ~ The PAR.I7ES intend that an indcpendent contractor relationship will be created by this Agree►nenC. 1 he 17EPARTAIE-NT shxll be an independenc'eontractor and not the agent or employee of the CI'1'Y, that the CIT1' is interested only in the results to be achieved and that the right to control the particular rnanner, method and means in which the services are performed is solely within the discretion of the DEPARTMEtVI". Any and all employees who provicle Services to the CITY under this Ag-eement shall be deemerl employees solely of the DEYARTM:E\iT. The llEPARTi1E\~'I' shall be solely responsiblc i'or the conduct and actions of all employees urider th.is Agreement and any liabiliiy ChaC may attach theretn. Likewise, no agent, emplnyee; servant or rcpresentative of the CI'fY shall be deemed to be an cmployee, agent, servant or representative of ttie ]aEPt1RTN1ENT for any purpose. It is undcrstood that the 17eparhnent shall from time to timc upon identification of a life safety violation of code or a pari:ing violation impairino access to fire hydrants or routes of ingress or egrESS to emergency scenes or restricted fire zones, need to immediately issue citations for these violations. It is furrher understood that the Fire Deparhnent, urider the authority of the Spokane County Sheriff's Office may, if necessary, take suah actions under the solc authority of the Spokane County Sheriff's OfT'ice and or the Deparhnent a»d pursuant tn a separate agreement with the Spokane County Sheriffs Office. Any cnsts or liability that may result from these actions shall be the responsibility Af either the Fire I7epartment or ShcrifPs Office respectively. SECTI0iN N0.13: MOllIFICATiON 7"his Agreemeiit may be moclif eci in writing by inutual Nvritten agreement of the f'AIZTIES. Propos<<Is for modification shall be submitted to the other party at least 60 days before the enct of the calendflr year. ~ SECTTON N0.14: yROPE12T1' AND TQUII'MENT I'he oNvnership of all property and equipment utili'r.ed in conjunetion with providitao the Services shall remain with the original owmer, unless otherwise specifically anct mutually agreed to by the PART[ES to t}lis Agreement. For the purpose of this section, the terminology "owner" rneans that 1'arty wliich paid the full piirchase price for the property or equipment. SFCTION \`O. 15: ALL WRi77NGS CONTAINED NERE11q/BINDING FFFECT 'I his Agrccment contains teems and conditions agreed upon by the PAR?IES. `I"he PARTIES agree tltat there flre no olhcr understandings, oral or othcrwise, regarding t11e subjcct matter of this Agreement. No changes or additions to Chis Agreement shall be vslid or bi.nding upo►i the PA1ZTiES unless such change or addition is in writing, executcd by the f'ARTIES. This AgreemenC shall be binding upon the PART[ES hereto, thcir successors and assign3. SECTION N0.16: DISF'[JTE, RESOLUTlUY tlny dispute between the PARTIES which cannot bc resolved beriveen the PAR1'f.ES shall be subject to arbitration. Lrcept 3s provided for to the contrary herein, such dispute shall first be reduced to «Titing and consiclered by the DEPAItTVlrNT and the CI"1"Y iN9anager. If the DEPARTMENT and the C1TY Manager ~ Interlocal Agreemerit for Fire Services, Fire Department 01 Page 7 of 10 DRAFT cannot resolve the dispute it will be submitted to arbitration. The provisions of chapter 7.04A RCW shall be applicable to any arbitration proceeding. T}ie DEPARTME\~T and the CITY shall have the right to designate pne pers4n each to act as an arbitrator. Thc two selected arbitrators shall then joi.nlly selecl a third arbitrator. The decision of the arbitration panel shall be binding on tlie PAIZ'IIES and shall be subject to judicial review a.s provided for in chapter 7.04A R.CW. The costs of the arbitration panel shall be equally split between the PARTIES. E.ach PARTY shall be rESponsible fpr its own costs in peeparing and presenting its case. SECTION NO. 17: VENUE ST1PU1,ATlOi\ This Ay*reement has been and shall bc construed as having been made and delivcred within the State of Washington and it is mutually utiderstood and agreed by each party that this Agreemcnt shall be govcrned by the laws of the State of Washington both as to interpretation and performance. A.ny action at law, suit in equity or.judicial proceeding for the enforcement of this Agreement; or any provision hcreto, sha11 be instituted only in couits of cotnpetent jurisdiction within Spokane County, Washitigton. SECTION NO. 1.8: SFVFRAI3TLiTY 'I'he PARI'I'ES agree that if any parts, terms or provisions of dhis Agreement are held by the courts Co be illegal, the validity of the remaining portions or provisions shall not be afFected and the righTs ancl obligations of the F'ARTMES shall not be affected in regard to the remainder of dhe Agreement. 1f it should appear that any part, temi or provision of this Agreement is in conflict widi any statutoiy provision of the State of VVashington, then the part, term or provision thereof that may be in conflict shall bc deemcd inoperative a.nd null and vnid insofzir as it may be in cnnflict therewith and tfiis Agreement shall be deemcd to modify to conform tn such statutory provisinn. " SECTIO\' NO. 19: RCC()RDS All public records prepared, owned, used or rcutinetl by the DEPATZ77Iv]EN 1' in conjunction with providing Services tmder the terms of this Ag-eement shall be deemed Cl'1"Y propeity and shall be madc available to the CI'CY upon request by the CTTY Ivtanager subject to the attorney client and attorney work product privileges set fnrth in statute, court rule or ease law. The DEPARTRZENT will notify the CITY of any public disclosurc rcqucst under chapter 42.56 R.CW for copies or viewing of such records as well as the DEPARTMEN'T'S response thereto. SECTIO\' NO. 20: I-IEADINGS The section headings appearing in this Agreement have been insertetl solely for the purpose of convenience and eead}r reference. In no way do the}° purport to, and shall npt be deemed to define, limit or extend the scope or intent of the sections to which they pertaiii. SECTIUN NU. 21: LTs\TCONTROLLAl3LE CIRCUMSTANCES/BTPOSS113ILITY A delay or interruption in or failure of performanee of all or any part of this Agreement resulting from Uncontrollable Circumstanees shall be cleemed nol a ctefaull uncler this Agreement. Interlocal Agreernent for Fire Services, l'ire Depamnent R1 Page 8 of 10 ~ DRAFT A delay or interruption in or failure of performance of all oe any part of this Ageement resulting from ~ any change in nr new law, order, rule or regulation of aiiy nature which renders providing of Services in accordance with the ternls ot this Agreement legally impossiblc, and any othcr circumstances beyond the control of the DEPARTIvIENT which render legally impossible the performance by the DEPARTMENT of its obligations undcr this Agreement, shall be deemed not a default under this Agreement. SECTION NQ. 22: FILING This Agreement sha11 be filed by the DFPARTIEN'C with such offices or agencies as required by chapter 3934 RCW. SECTlON NQ. 23: EXECUTION EINn APPftOVAL The Pt1RTlES warrant thal the officers executing below have been duly autliorizecl to act for and on behalf nf the Party for purposes of confirming this Agreement. SECTION NQ. 24: INIIIATIYES The PARTIES recognize Chat revenue reducing initi3tive(s) passed by the voters of Washington may substantially reduce local nperating eevenue for the C1TY, DI:PARTMENI' or both PARTIES. The pAR"I'LES agrec that it is necessvy to have filcxibility to reduee the contracted amount(s) in this Agreement in responsc to budget cnnstraints resulting from the passage of revenue reducing initiative(s). If such an event ocaurs, the PATZTIES agree to negotiate in good faith to aehieve a mutually agreeable re.solution in a timely fashion. ~ SECTIQN NO. 25: CUtMI'LIANC~ NVITH LAVVS The 1'arties shall observe aII federal, state and local laws, ordinances and regulations, to the estent that they may be applicahle to the temis of this Agreement. SrCTION NO. 26: DISCT.,AIlVLH'~R 6xcept as othenvise provided, this Agreement sltall not be construed in any manner tltat would limit either Yarty's authority or power under law. ~ Interlncal Agreemeiit for Hire Services, Fire Departmcnt #1 Pagge 9 of 10 DRAFr 11V NVT7'IVrESS WHCI2EOF, the PAR1`IES have caused tliis Afgeement to be eXecuted nn date and year npposite theie respective signatures. DATFD: SPOKANE COUNTY FIR.r DEPARTVIENT ONE, By, its DATED: CI7Y Of SPOKANE VALLEY A1-I'E.S'I': David lvfercier, City Manager ChrisCine Bainbridge, City Clerk APPROVrD AS TQ FORM UNLY: . , Office of the City Attorney Interlocal Agreement for Firc Scrvices, Fire Depariment '41 Page 10 of 10 l ~ ~ CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: July 8, 2008 City Manager Sign-off: Item: Check all that appiy: ❑ consent ❑ old business N new business ❑ public hearing ❑ information ❑ admin. report ❑ pending legislation AGENDA ITEM TITLE: City Hall Site Planning Contract GOVERNING LEGISLATION: PREVIOUS COUNCIL ACTION TAKEN: BACKGROUND: The Core Team for City Center has recommended that we explore the site south of Plaza Road for the New City Hall. Attached is a proposal from Bernardo WiIIs1GGL0 for that work. ~ OPTIONS: RECOMMENDED ACTION OR MOTION: Move to approve a contract with Bernardo WillslGGLO for concept site planning as outlined in their proposal for an amount not to exceed $75,000. BUDGETIFINANCIAL IMPACTS: Funds will come from the Civic Facilities Fund STAFF CONTACT: Neil Kersten ATTACHMENTS City Hall Site Planning Proposal ~ ~ June 1, 2008 Mr. Neil Kersten, AIA City of Spokane Valley 11707 E. Sprague, Suite 106 Spokane Valley, WA 99206 Re: City Hall Conceptual Site Plan Dear Neil: In accordance with our recent telephone canversation and understanding of the task, we are pleased to offer the following revised fee proposal for preliminary site planning services: A. Proiett Description: The project consists of analysis and conceptual site planning for a 3 to 5-acre parcel of land near Che south end of the former University City Shopping Center for the purpose of defining the preferred City Hall site. The site that has been tentatively selected is the southern most portion of the U-City shopping center front9ng on Appleway. Although the exterior program is not yet formally defined, planning work is expected to indude the building footprint 55,000 sf bui(ding with 20,000 sf footprint) with expansion area; suitable front, rear, and side yards; formal and informal public open space; public and staff parking; bio-filtration swales; plaza and ~ hardscaping; and similar spaces typical to a municipal building. Additionally, some conceptual site planning of the City Center development and its impact on the City Hall site may atso be appropriate although extensive site planning of the City Center is not a part of the worlc at this time. B. Scope of Work for Basic Serrices: The intent of Basic Services is to perform preliminary site plan studies to assist the City in evaluating the opportunities available for development and definition of the desired parceL To move the project forward, the following general tasks are expecced: 1. Preliminary Site Planning: This task will devetop conceptual site plan layout options of the site illustraeing overall site organization (building footprint, landscaping, parking, plazas, etc.) and the relationship of Che City Nall site to Che future adjacent City Center development as well as the impact of relocating Dartmouth. Work may include review of existing surveys (if any) and data, docurnentation of existing conditions, and site plan drawings and diagrams. The site plans will be general in nature and are not intended to be a final design document. This task will be based on a topographic and boundary survey of the U-CiCy Shopping Center provided to us by the City or property owner. 2. Project Administration: This task indudes zoning code and Sprague/Appleway Revitalization development standards research and commentary as they apply to the City Hall site; general consultation with the Owner and consultant team; meetings with City Staff, City Council, workshop sessions, and one City Hall/City Center charette session with the Ciry and City Center developer. This task may also indude the review of civil engineering and survey work, consulting with the Owner on the overall City Center development as well as assisting the City in obtaining any special engineering studies such as surveys, traffic studies, geotechnical investigations, environmental assessments, etc. 3. Preliminary Civil Engineering: This task indudes general comparison of civil engineering issues j~ of the two sites under consideration and based on the preferred site, preliminary civil engineering analysi5 induding grading, drainage, and uCility infrastructure to assist in establishing future project scope and costs. 4. Cost Estimates: Based on the conditionally approved site plan, prepare a preliminary construction cost estimate for site and off-site work in the immediate area of the project induding infrastructure as appropriate. ~ 5. Graphic Exhibits: Prepare graphic exhibits to assist with project's presentation at public meetings/hearings (if any) or in promotionaUmarlceting materials. Graphic exhibits may include colored presentat9on style site plans, diagrams, maps, and charts. C. Fee Proposal for Basic Services: The exact nature and extent of our services is difficult to determine betause much of our work is in response to requests from agencies, potential users, the Owner or consultant team, and other influences beyond our control. We can provide you with the most cost-effective services if our fee is based on our standard hourly rate schedule with provisions for reimbursable expenses with the following budget: 1. Preliminary Site Planning (for the 2 sites under consideration) $30,000-43,500 2. Project Administration 7,500-10,000 3. Preliminary Civil Engineering 10,000-12,500 4. Cost Estimates 2,000-3,000 5 Graphic Exhibits 4,000-6,040 Total Estimated Fee 53,500-75,000 DRAFT The above is an estimate only and the hours may fluctuate between tasks as the project becomes more defined. We will invoice monthly but will not exceed $75,000.00 without your prior approval. D. Services Not Included in Basic Services: The following services are not included in Basic Services but can be added if necessary or requested: < Topographic and Boundary Survey < Platting or subdivision processing, rezone applications or simrlar land use actions < Geotechnical Investigations, Traffic Study or Environmental Assessments < Parcel specific Architectural Design or Engineering < Revising previously approved work < Preliminary Structural, Mechanical or ElecCrical Engineering < Computer animation or professional artist rendering E. Time Schedule: The time and fee allotted for this work assumes that the work can move forward in a directed and focused manner and be completed in 70 to 100 days. F. Reimbursable Expenses: The following costs are directly associated with the project and are invoiced as reimbursable expenses at 1.10 times our direct costs. < Printing and overnight shipping < Fees paid to regulatory agencies for project review < Travel expenses for GGLO (if authorized in advance) This fee proposal is intended to be short and concise, but we can provide additional information at your request. If this is acceptable to you, please returned a signed copy to our office and we can schedule a kick-off ineeting and begin work. If you have any questions, please let me know. Sincerely, Gary M. Bemardo, AIA Principal Accepteti by: ~ Signed Date ~ CITY OF SPOKANE VALLEY Request for Councii Action Meeting Date: July 8, 2008 City Manager Sign-off: Item: Check all that apply: ❑ consent ❑ old business ❑ new business ❑ public hearing ❑ information X admin. report ❑ pending legislation AGENDA ITEM TITLE: Charitable donations in right-of-way GOVERNING LEGISLATION: PREVIOUS COUNCIL ACTION TAKEN: On May 20, 2008, firefighters from Spokane Valley Fire District and representatives from Muscular Dystrophy Association provided information to the Council, and requested the ability to perform their fundraising in the same manner they always have. BACKGROUND: Part of the information provided included copies of code provisions from other cities around the state and country regarding efforts to allow charitable solicitation from the right-of-way. In particular, Council was directed to a copy of the Tacoma code, which specifically allowed the "Fill the Boot" event as an exception to the prohibition of soliciting funds ~ from the right-of-way. The Council was requested to adopt a similar approach, and exempt Fill the Boot from any prohibition. (See attachment 1, previously provided by Fill the Boot proponents) Following the presentation, and discussion by Council, the Council instructed staff to contact their counterparts in Tacoma to find out how the implernentation has been, and whether there have been any problems. The Council also indicated it wanted information regarding elements that could be required under a permit. Several items were called out, including a traffic training class approved by the City for all participants; establishing minimum liability insurance levels; and time limitations. I contacted Mike Smith, an attorney for Tacoma who represents and advises their police department. He was involved in drafting Tacoma's provisions, along with attorney Kim Gerhardt. He advised that Tacoma did not specifically exempt Fill the Boot, declining to do so as requested. He said we were given a draft, and not the final version. I pulled a copy of their adopted provision from their website. (See attachment 2) The adopted code does not exempt out Fill the Boot, or any other similar entity. Instead, it provides for a special event permit system that identifies a number of conditions that must be met prior to an event being allowed. At the time of submitting this, I am awaiting a call back from Ms. Gerhardt to find out how their permitting system is working. I hope to be able to update you verbally in person. OPTIONS: Do nothing; instruct staff to draft a special permits provision regarding such activity. U, RECOMAAENDED ACTION OR MOTION: BUDGET/FINANCIAL IMPACTS: ~ STAFF CONTACT: Cary P. Driskell, Deputy City Attorney ATTACHMENTS: 1. Draft Tacoma materials previously provided by Fill the Boot proponents; 2. Tacoma City Code provisions for special events permits. An Ordinance relating to Title 8 of the Tacoma Municipal Code ('TMCn) Public Safety and Morals repealing section 8.13.030 °Vehicular or pedestrian interference° and enactment of two new chapters to Title 8 to be known as TMC chapter 8.136. "Solicitations to Occupants of Vehicles on Public Roadways ProhibitedL consisting of four sections and TMC chapter 8.13A "Regulation of Solicitation" consisting of five sections. WHEREAS, the City Council has determined that solicitations conducted . near automated teller machines create a safety hazard and an increased potential for criminal activity against persons using the machines, since those persons are often in isolated locations with cash conspicuously in their possession, thereby making them more vulnerable to and intimidated by solicitors; and • WHEREAS, the City Council has determined that solicitations conducted near entrances and exits of banks, credit unions and other similar financial institutions create a safety hazard and an increased potential for criminal activity • against persons using those institutions, since those persons are often entering or exiting those institutions with cash conspicuously in their possession, thereby making them more vulnerable to and intimidated by solicitors; and WHEREAS, the City Council has determined that solicitations conducted near exterior public pay phones create a safety hazard and an increased potential for criminal activity against persons using the telephones since those persons are often in isolated locations with their attention distracted from tiieir . surroundings, thereby making them more vulnerable to and intimidated by solicitors; and I WHEREAS, the City Council has determined that solicitations conducted near self-service car washes create a safety hazard and an increased potential for criminal activity against using persons self-service car washes, since those ~ persons are often in isolated locations with cash conspicuously in their possession and are usually a captive audience, with their attention distracted from their surroundings as they have vehicles in various stages of cleaning, thereby making them more vulnerable to and intimidated by solicitors; and WHEREAS, the City Council has determined that solicitations conducted near self-service fuel pumps create a safe-hi h?: 1rd and an increased potential for criminal activity against using persons setf-service, since those persons are often in isolated locations w„h cash conspicuously in their possession and are usually a captive audience, with their attention distracted from their surroundings as they fill their vehicles with fuel, thereby making them more vulnerable to and ' - intimidated by solicitors; and WHEREAS, the City Council has determined that solicitations conducted near public transportation stops create a safety hazard and an increased . potential for criminal activity against persons using the public transportation stops since those persons are usually a captive audience often in isolated locations with their attention distracted from their surroundings, as they wait and watch for . necessary transportation, thereby making them more vulnerable to and intimidated by solicitors; and 1NHEREAS, the city council has determined that it is in the best interest of the public health, safiety and welfare to restrict the distances at which solieitations may be conducted near those locations and facilities; and f~ ~ ~ WHEREAS, the city council has determined that solicitations for immediate employment, goods, services, financial aid or monetary gifts to the . occupants of vehicles on public roadways distract drivers, obstruct and impede the orderly flow of traffic, cause traffic congestion, and create traffic and safety hazards that pose a danger to the solicitors, the persons solicited and to the traveling public in general, and WHEftEASs,ihe~Gity~.council~has=de#efmined-tlaat=annual=°Fill'tffE-Bcyot" 'campaigrrhas=well-established protections including butnot limited:to.an . individual to mon'rtor every frefiahter or volunteer to ensure that no solicitation, to °Fill. the.Boo#" impedes_the-oFderly-flow°oftraffie-or causes.any traffic congestion or safety- hazards, and ~ . WHEREAS, the city•council has determined that it is in the best interest of ~ , . the public health, safety and inrelfare to prohibit such solicitations to all occupants of vehicles on public roadv3rays except for the annual "Fill the Boot" campaign; Now, Therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF TACOMA: Section 1. That Title 8, Section 8.13.030 of the Tacoma Municipal Code Safety and Morals to amended to repeal section 8.13.030 "Vehicular vr pedestrian interference° in its entirety. Section 2. That Title 8 of the Tacoma Municipal Code Safety and Morals be amended to enact a new chapter to known as be chapter 8.13A "Regulation of ~ Solicitation° consisting of five sections, and reading as follows: TMC 8.13A.010 REGULATION OF SOLICITATION DEFINITIONS. In this section: ~ (1) AUTOMATED TELLER MACHINE means a machine, other than a telephone: (A) that is capable of being operated by a customer of a financial institution; • . -=(B) by which the customer may communicate to the financial institution a request to withdraw, deposit, transfer funds, make payment, or otherwise conduct financial business for the customer or for another person . directly from the customer's account or from the customer's account under a line of credit previously authorized by the financial institution for the customer; and (C) the use af which may or may not involve personnel of a financial institution. „ (2) EXTERIOR PUBLIC PAY TELEPHONE means any coin or credit card reader telephone that is: (A) installed or tocated anywhere on a premises except exclusively in the interior of a building located on the premises; and (B) accessible and available for use by members of the general public. (3) PUBLIC TRANSPORTATION STOP means an area officially marked and designated as a place to wait for a bus, a light rail vehicle, or any other public transportation vehicle that is operated on a scheduled route with passengers paying fares on an individual basis. (4) SELF-SERVICE CAR WASH means a structure: (A) at which a vehicle may be manually washed by its owner or . . ~ operator with equipment that is activated by the deposit of money in a coin- operated machine; and (B) that is accessible and available for use by members of the general public. - (5) SELF-SERVICE FUEL PUMP means a fuel pump: (A) frorri which a vehicle may be manually filled with gasoline or other fuel directJy by its owner or operator, without the aid of an employee or attendant of the premises at which the fuel pump is located; and (B) that is accessible and available for use by members of the general public. (6) .SOLICITATION means to ask, beg, solicit, or plead, whether orally or in a written or printed manner, forthe-purpose of immediately receiving contributions, alms, charity, or gifts of items of value foroneself or another person. 8.13.020. Place of solicitation: SOLICfTATION NEAR DESIGNATED LOCATIONS AND FACILITIES. (A) A person commits an offense if he conducts any solicitation within 15 feet of: (1) an automated teller machine; (2) an entrance or exit of a bank, credit union, or other similar financial institution; (3) an exterior public pay telephone; ~ (4) a seif-service car wash; (5) a self-service fuel pump; or (6) a public transportation stop. _ .(B) For purposes of Subsection (A), measurement will be made in a straight line, without regard to intervening structures or objects, from the nearest point at ~ which a solicitation is being conducted to whichever is ap,plicable of the following:;, (1) the nearest entrance or exit of a facility in which an automated teller machine is enclosed or, if the machine is not enclosed in a facility, to the nearest , part of the automated teller machine; .,.~(2) the nearest entrance or exit of a bank, credit union, or other similar financial iristitution; (3) the nearest part of an exterior public pay telephone; ^ (4) the nearest part of the.structure of a self-service car wash; (5) the nearest part of a self-service fuel pump; or (6) the nearest point of any sign or marking designating an area as a public transportation stop. 8.13A.030 Manner of solicitation. ' SOLICITATION BY COERCION (1) COERCION means: (A) to approach or speak to a person in such a manner as would cause a reasonable person to believe that the person is being threatened with: ~ (i) imminent bodily injury; or ' (ii) the commission of a criminal act upon the person or another person, or upon property in the person's immediate possession; (B) to persist in a solicitation after the person solicited has given a negative response; (C) to block, either individually or as part of a group of persons, the passage of a solicited person; (D) to engage in conduct that would reasonably be construed as intended to compEi or force a r, -.licited person to accede to demands; (E) Using violent or threatening gestures toward a person; (F) Willfully providing or delivering., or attempting to provide or deliver, . unrequested or unsolicited services or products with a demand or exertion of pressure for payment in return; or (G) Using profane, offensive or abusive language which is inherently likely to provoke an immediate violent reaction. (2) A person commits an offense if he conducts a solicitation by coercion. 8.13A.040. Evidence 1 Evidence to support a conviction for a violation of this chapter.may include, but is not limited to, testimony of witnesses, videotape evidence of the violation, and other admissible evidence. . 8.13A.050. Penalty. Violation of 8.13A.020 shall be a misdemeanor. Violation of 8.13A.030 shall be a r9 ross misdemeanor. Section 3. That Title 8 of the Tacoma Municipal Code Safety and Morals be amended to enact a new chapter to known as be chapter 8.136 "Solicitations • to Occupants of Vehicles on Public Roadways Prohibited" consisting of four ; sections, reading as follovvs: TMC chapter 8.136. ^ • SOLICITATIONS TO OCCUPANTS OF VEHICLES ON PUBLIC ROADWAYS PROHIBITED. - 8.13B.010 Definitions. In this section: . (1) GOODS means property of every kind. (2) PUBLIC PROPERTY means: ' (A) any property open or devoted to public use or owned by the city; and ' (B) any area dedicated to the public use for sidewalk, street, highway, or other transportation purposes, including, but not limited to, any curb, ` J mediah,parlcway, shoulder, sidewalk, alley, drive, or public right-of-way. (3) ROADWAY has the meaning given that term in RCW 46.04.500. A cornplete copy of RCW 46.04.500 is on file with the City Clerk. (4) SERVICES means any work done for the benefit of another person. (5) S4LICITATION means any conduct or act whereby a person: (A) either orally or in writing, asks for an immediate ride, employment, goods, services, financial aid, monetary gifts, or any article representing monetary value, for any purpose; (B) either orally or in writing,-sells or offers for immediate sale goods, services, or publiGations; (C) distributes without remuneration goods, services, or publications; or (D) solicits signatures on a petition or opinions for a survey. (6) VEHICLE has the meaning given that term in RCW 46.04.670. A complete.copy ofi RCW 46.04.670 is on file with the City Clerk. 8.13B.020. Prohibited Conduct (1) A person cornmits an offense if, while occupying any public property adjacent to any public roadway in the city, he knowingly conducts a solicitation directed to, ,or intended to attract the attention of, the occupant of any vehicle stopped or traveling on the roadway. An offense occurs when the solicitation is made, ~ . ~ whether or not an actual employment relationship is created, a transaction is completed, or an excYiange of money, goods, or services takes place. (2) It is a defense :to prosecufion under TMC 8.136.020 that the person.was: (A) Summoning aid or requesting assistance in an emecgency situation; or - , (B) A.law--enforcement offrcer in the performance of official duties; or. (.,3) This-section shall not appty-to any-fitefigfiter soliciting donations.during the annual "Fill the BootA campaign or to any volunteer assisting said.fir.efQhter-.,,, , •n 8.13B.030. Evidence Evidence to support a conviction for a violation of this section may include, but is not limited to, testimony of vwitnesses, videotape evidence of the violation, and other admissible evidence. 8.1313.040. Penalty Violation of this chapter shall be a misdemeanor. Passed Mayor Attest: ~ City Clerk Approved as to form and legality: Assistant City Attorney 'I . Req. # ~~MANCE NO. AN ORDINANCE rela#ing to public safety and morals, and amending TiUe 8 of the ~ Tacoma Municipal Code by repealing Section 8.13.030, °Vehicular or 'Pedestrian Intsrfeience,° in its entirety; and by the enactment of'two hew chapfers thereto, to be 'kna+nrri and designated as Chapter 8.13A, "Regulation of Solicitation,° and Chapier 8.136, "Solicitations to Occupants of Vehicles on Public Roadways Prohibited.° - , . _ WHEREAS the City Gounal has determinEd that solicitations conducted near automated teller machines create a safety hazard and an increased potenbal for criminal activity against persons using the machines, since those persons are often in isolated {ocations witn cash conspicuously in tfieir possession, thereby . ~ making them more vuinerable to and intimidated by solicitors, and WHEREAS the City Council has determined that solicitations conducted near entrances and oxits of banks, credit unions, and other similar financial insti4utions create a safety hazard and an increased potential for criminal ac#ivity against persons using those institutions, since those persons are often entering or exiting those institutians vdith cash conspicuously in their possession, fhereby making them more vulnerable to and intimidated by solicitors, and WNEREAS the City Council has determined that solicitations oonducted near exterior public pay phones create a safety hazard and an increased poten6al for criminal activity against persons using the telephones, since those persons are oRen in isolated locations with their attention distracted ftom their surroundings, thereby making them more vulnerable to and intimicSated by solici4ors, and WHEREAS the City Council has detetmined tha# solicitations conducted near self-service car washes create a safety hazard and an increased potential for criminal activity aaainst persons using setf-service car washes, since those -1- Ord -Ti0D 8 82106.doe ' t ~ persons are often in isolated locations with cash conspicuously in their possession ~ and are usuaily a cGptive audience, with their attention distracted from their surroundings as tiiey have vehicles in various stages of cleaning, thereby making them more wlnerable to and intimidated by solicitors, and • WHEREAS the City Council has determined that solicitations conducted ' near self-service fuel pumps create a safety hazard and an increased potential for criminal activity against persons using selfi-service, since those persons are often in is4lated locations with cash conspicuously in their possession and are usually a ' captive audience, w+th their attention distracted from their surroundings as they fill their vehicles with fuel, thereby *making them more vulnerable to and intimida#ed by solicitors, and WHEREAS the City Council has deteRnined tha# solicitations conducted near public transportation stops create a safety hazard and an increased poiential for criminal activity against persflns using the public transportation stops, since those persons are usually a captive audience, often in isolated locations, with their • attention distracted irom their surroundings as they vrait and watch for necessary transportation., thereby making them more vulnerable to and intimidated by solicitors, and WHEREAS the City Council has determinecJ that it is in the best interest of the public health, safety, and welfare to restrict the distances at which solicitations . . may be conducted near those locations and facilities, and , WHEREAS the City Council has determined that solicitations for immediate employment, aoods, services, finanaal aid, or monetary gifts to the accupants of -2- Ord -'titie 8 8210Gdoc I • ~ vehicles on pubiic raadways distract drivers, obstruct and impede the orderty flow of traffic, cause traffic congastion, and create traffic and safety hazards that pose a danger to the solicitors, the persons solicited, and to the traveling pubiic in general, and WHEREAS the City Counal has determined that the annual "Fill the Boot" . campaign has well-established protections, including, but not limited to, wearing a ~p rEtlective vest and an individual to monitor every firEfighter or volunteer to ensure ' ,~1T Q~T`eted: 8.13.030 trRAicufar or that no solicitation to °Fill the BooY' impedes the order(y flow of trafrc or causes podcstrian interferentc.¶ q~ Tho tnllmong deSfnLyona apply ln • tni9 any traffic congestion or safety hazards, and 6ea;on:~ 1. 'Agga re_sivdy beg' mcans to Ecg wi''!b intenE to inlimidaic analher WHEREAS the Ciry Council has determined that it is in the best •interest of Feiwn irtto givirug money or goods¶ , 2'Beg' means Uo ask fu money oc , goods as a cMartty, vrhether byvrords, the public health, s2fety, and welfare to prohibit such solicitations to all occu~nts bod(ly8g~tires, Eigns,a~o+nEt rnems.5 3. 'Otrsuvct pe9estriEn or vehicaclar tnFflC' rneezas 1o walk, siand, sit, tie a of vehicles on public roadvmys, except for the annual „Fill the Boota carnpaign; ptne enobjecl In svch a rre_nr+cras fi 61oc:c pcssagu by ano;ncr person ar a driver of a vehtcle fo fake evasi•,C Now, Therefore, action w evoid p0iysx.a! oontECt. Nc# authorized by a pertnft 'u•sved BE IT ORDAI(~lED BY THE CITY COUNCIL OF THE CfTY OF TRCOMA: , c~BQefs`,.y~ a~una~r+a~s~ a~1o,- % s`ta-!I not ocnstitute obstrvC'ion of Section 1. That Section 8.13.030 ofi the Tacorna Munici{>al Code> entitled Padenrian orveliiaulsrtralrc.U _ 9. 'Pubfxi place' mcam an aroa gar6r9y'visiNe't6 puhlle vicw and `Vehicular or Pedestrian Interference," is hereby . rep ~ @2I@CI Ifl It5 @fltlf@+.7~. Irodudca olleys, bridg~, buiidings', driveweys,,Parki,ng bts. P^fks, Plarss, • .~ade:ralks ani7 strects open to Ute Section 2. That Title.8 of the.Tacoma Municipal Code is hereby amended by 9eneral ~~~~o~d or rybllc, drfn indkudoring fiprcvl-~Udeste 12~~ I _ _ _ . . . . _ . . . • . - ' . e11MrtEirancnt, end Ehc Coorv.aya eM the addition thereto of a nevr chapter, to knawn ancf designated as Chapter 8.13A, entramces Oo buDdir,8sard,~~n95 and !he flrovrtde enclos9na them.¶ B. Aperson is guilty aF pcd"@n ' tniert_fencc if, in e public pisw, hc or entitled "Regulafion of Solicitation,° cansisting of five sections, 2nd reading as sn~~ntensonally:1 1. O"cstructs pedcrtrIan or vehladar treffic; arfi fOIIOWS: 2. Pgeres:,ively begs.¶ C. Fedc.trfan Ir.crference may bB purished by a fine not to cxceesj • • , $500.00 or by imprisanment Fn jaB for • a tcrm net to cicaed 90 dayN or by boSi sveh firwc and ImpricOnmentq Formatted: R6ShC -13.23" . FormatDed:4iight. -0.73, Keep- wfth nexi, Kaep 6nes togeMer . -3- Qtd -TtUe 8 @21 06.doc ~ ~ . w ~ ~ Section 3. That Title 8 of the Tacoma Municipal Code is hereby amended by the addition thereto of a new Chapter 8.13B, to be known and designated as -7- Ord -7iUe 8 82105.doc ~ . ~ "Solicitations to Oocupants of Vehicles on Public Raadways Prohibited," consisting ~ of four sec#ions, reading as follows: ,.a . , r- ' ~ _ 8' Qrd - Tit3o S 821 os.dx ~ . . Passed •n . Mayor Attest: , City Clerlc Approved as to form and legality: Assistant City Attomey : -10- oca - rBe e 821 os.aoc I ~ TacoiTio 117unicipal Cocle Cliapter 11.12 ChaPter 11.15 ~ ENFORCEv1ENT SPECIAL EVEiNTS PEW1T"1'ING CODk RepBUled by Ord 25108 Sections: (Ord. 25208 y l; passed Nov. 24, 1992) 11.15.010 Definitions. 11.15.020 Special event pcrmit required. 11.15.030 Exceptions to special event permit ChApter 11.14 requirement. 11.15.040 lssuznce of a special event permit daes OBEDI EIdCE TC7 TRAFFIC LAW$ not obligate City services. Re:pealed by Orcl. 25105 11-15.050 Priority of special event permit issuancc. (Ord. 25203 § l; passed Nov. 24, 1992) 11.15.060 Time for filiniz application for special event permit. 11.15.070 When applic:ation for special event permit is deemed complete. 11.15.080 Date oispccial event not confirmed until nermit issued. l 1. ] 5.090 Content of special event permit application. 11,15.100 Canditions affecting che issusnce of a special event permit_ 11.15.1 ] 0 Rc3sons for dcninl of a spccial event permiL. 11.15.120 17enial of a special event permit applicatiai; appcals from denial. _ 11.15.130 Display oPspecial event permit rcquired. 11.15. 140 Contencs of special evetit permit. 11.15.150 City Clerk's action on special event pennit application. 11.15.160 Insurance required to canduci specia] event. 11.15,170 Waiver of insurance reyuirements. 11.15.130 Rcvocation of special e.ve.nt permit_ 11.15.190 Cost recovery for spc^cial events. 11.15:200 Effect of receipt of donations on starus of tax-exempt nonprofit organizations. 11.15.210 Revenue sharing. 11.15.220 Expressive activicy special event. 11.15,230 Atldits and ac:counting proceclures. 11.15.240 Dclegation of City Managcr's authority. 11. 15.250 City jh4anagr.r authorized to ;tdopt rulcs and reeulations. 11.15.260 Authorized special event vendors. 11.15,270 Unlawful ro conduat or promotc attendance at special evr.nt widiout p$rmit. 11.15.280 Other nermits ;►nd licenses, 11.15.290 Unlawful to sell gnods in special event venue without luthorization. 11.15.300 Cast recovery for unlaxvfui special event. CifyClerk'sOffite 11-$1 (Revised 05f7007J `I'ncoma MunicipAl Codc Cl 11.15.010 Definifions. "Spccia] cvcnP" mcans: "Building" means any fully enclosed permanent 1. Any organized forrnation, parade, procession, or structure buili for the support, shelter, or enclosure of assembty consisting of 50 or more persons and which persons, animals, chattels, or property of any kind. It mfly include flnimals, vehieles, or Kny eombinAtion includes push carts or sidewalk cafes for which the chereof, which is to assemblc or travcl in unison on sale aCgoods: foocl, or beverages has been fluthorized. any street that does not comply with normal or usual traffic regulations or controls; "Conimercial special event" means any special event 2, pny organized assemblane of SO or more persons organizecl and conducted by any person that daes not at any public braeh or public park or pluza which is to qualify as a tax-c:xempt nonprofit orgar►i2ation. gather for a common purpose under the direction and "17emonstration" means a public display of group control of a person or organization anct the principal opinion Fts by tt rali}' or march, the principa) purpose Aurpose of which is not expressive ac•tivity; or of which is expressivc activity. "Event Organizer" means any person who conducts, . 3. Any ot7ier organized activity conducted by a (T11f11ne5, promotes, orga~iizes: aids, or solicits person for a comrnon or collective use, purpose, or bcne setendance at a e4mmercial or noneommercial spe~cial fit that involves the use of or has sn implct on cvent. other public property or facilities and the provision of City public safely services in response thereto and the "Expressive Aetivity" ineludes conciuct, the sole or principal purpose of wtiich is not expressive activity. principal object of which is the exprr.ssion, disscminstion, or communication by verbal, visual, literar'~~, or auditory means of opinian, vicws, or itless Fxamples qf snecial event includes concerts, parades, and for which no fee or donation is charged or circuses, fairs, festivals, block parties, commuiiiry required as a condition of participstion in or events, fund-raising cvents, private parties, of this promotional events, ma.ss participation sports (such attendance at such activity. For purpases as chapte.r, expressive aetivicy does not include sporrs , m~r~thons ~nd n~nning events, bicycle races or El events, including marathons, func~rsising events, or tours, tournarncnts, or speetzator sports (such ~s, events t71e principal purpose of ~r•hieh is footl~all, basketball and baseball games; golf touniaments, or vehicle or boat races). entercainment. "Gross Revenues" means the sum of al] revenues "SpeciaJ event pennit" means a pcrmit issued under received by an event organizer for fl special event this chflpter. including, but not limited to, cash receipts, licensing, "Spr.cial cvcnt venuc" means that area for which a sponsorships, televisiori, aclvertisina and similar spvcial event permit has been issued. revenues, and conccssions. "Street" means away or place of whatever nature "March" means an organized walk or cvent whose publicly maintained .ind open tA use of t}►e publie for principsl purpose is expressive zctiviry in service of a purposes of vehicular travel. Street includes hiahway. public r.ause. "Noncommercial special event" means any special "°Tas-exempt nonprofit organizatinn" means an event organized and conducted by a person that organi•ratian that is exempted from payment of qualifies as a tas-e.xempt nonprofit organiza[ion, or a incomc taxcs by fccleral or stste lKw and has been in special event wliose principal purpose is expressive existcnce for a minimum of six months preeeding the activity. date of application for a special evcnt pcrmit. "Rally" means a gathering whose principa] p«rpose is "Ve;ncior" means any person who sells or off'ers to sell expressive activiry, especially one intended to inspire any goods, food, or beverages wichin a special evenc enthusiasm foracause. venue. (Ord.27t55 § 1; psssecl Oet.21, 2003) "Sidewalk" mcens that portion of a highway, other 11,15.020 Special event permit required. thsn the roadwly, set apart by curbs, barriers, A. Except as provided elsewhere in this chapter, for markings, or ather delineation for pedestrisn travel. any person to conduct, promote., or manage a special "Sign" means any sign, peilnant, flag, banner, evenL the pcrson shall ob[ain fl special event permit inflak3ble dispiay, or other attention-sE^eking device. from the City Clerk. c (Nevfsed 05120017) 11-52 C1tyGL.t's ojrQ Tucoma iNIunicipal Cadc B. '1'he City Clerk is authorized to issue permits for City ManSger finds that a public purpose will be l~ special events acc:urrinc, within the City limits, served. The City Manaeer may find that a public pursuant to the proccxfures estiblished in this ctiapter. purpose is served if aJl four of the factars provided in . The City Clerk is authorized to detentiine thc special TM C 11. 15.a40.C, I through 4, are rnet: cvent venue. The City Clerk shall set reasonable 1. Thc special event is organized snd conducted by a boundaries for the special event venue, baJancing the tax-exempt rtionprofit organization that operates from . special event requirements and public health, safety, pr provides services within the City. ancl ~velfare. The City Clerk is authorized to coordinate che issulnce of a special cvent perniit with 2. The special event provides a btnefit w the general other public agencies through whose jurisdiction or public. nroperty the special event or portion dlereof oeeurs 3, `['he speeial event includes parcicipstion hy the and to issue a special event permit upon tlie genera] public (nonwithstanding an admission or eoncurrence ofother public agencies involved. (Ord. 27155 § I; passed Oc1. 21, 2003) P~~cipation fes). 11.15.030 Exceptions lo special event permit 4. Provisinn ofCiry services will result in improved crowd or special even[ control and genera) public requirement. safety. (Orcl. 27155 L 1; pa.ssed Oct. 21, 2003) A. A spceial event pcrmit is not required for any uetivin~ listed in Th~1C l 1.15.030.C. 11.15.050 Priority of special event permit issuance. B. .Although noc required to get a special event Eacept for a special eve.nt sponsored by the City, and permit, an event organi2er of an aetiviry exempted, wherever possible, priority shall be given for the pursuant to TMC 11.15.030.<:, is rcyuiretl to comply issuance of a speeial event {rermit to loeaJ tax-exeiTipt with flil laws and regulations governing public safety . rtonprofit organii,ations operating in ancl providing or health services to the citizens of the Ciry. (Qrd. 27155 § 1; C. The following activities are exempt from [he passec! C)c.t. 21, 2003) special cvent permit requirement: 11.15.060 Time for Fling aPplication for 1. Funeral processions by a licensed mortuary; special event permit. 2, Activities conductect by a govcrnmental agr.ncy A. Application for a special event permit shall bc - at;ting tvithin the scope of its authorih; ancl filed with the City Clerk not less than 60 e<<lendar 3. Lawful picl:cting on sidcwllks. (Ord. 27155 § I; da}'s, nor more then nwo years; be1'ore the timc when it passed Oct. 21, 2003) is proposed to conduct the special cvent. llnon goad cause shown and pxovided that no risk or burden to 11.15.040 lssuance of a special event permit the City ensues, the City Clerk hus discretion to allow docs not obligate City services. a 11ter filing. A. Issuance of a special evcnt permit to this chapter B. Application for an eapreSSive activity Speciel doe:s not obligate or requirc the City oFTacoma to event pernlit shall be filed with the City Clcrk not less provide City services, equipment, or personnel in than seven calendar days, nor more than two years, supporc af b special evenL ba:fore tlie timc when it is prnposed to conduct the B. Subject to approval of the City Cotmcil, the City eCpressive activity special event. Upon good cHUSe Manager may provide City services, equipment, or shown and providcd that iio risk or burden to thc City ens personne.l `or commr.reial snecia.l events. ApprovlJ of ues, the City Clerk has discretion co allow a later the City Council is npt required for the City ~4anager filing. to providc City services, equipmtnt, or personnel for C. Applicalioci for a sptcial event at City facilities, a commercial spcYial event if che City Manager mal:es such .i,s the Cireatcr Tacoma Conventioil and Tracle provision by written agreement wich the evrent Center, the Tacoma pome, the 13roadway Center for organizer for cost recovery or revenue sharing, or the Performing Arts, or Cheney Stfldium, shall be both, from the sp£cial event. stibmittcd to such officials and in ar.carclance with C. Without the City Council's authorizztion, the City such time limits end procedures as may be established Manauer may provide City services, equipment, or for suc.h fklcilities and are not subject to the provisions personnel in direct support of a noncommercibl of this chapter. special event if the cost to the City does not e.xceed D. Application for a special evcnt to be held on the the City h4anaDer's contracting xuthority as dclined in "I"tlea Fass Watenway Esplanade shall be submitted to TMC 1.06 for the entire special event and if the City the Executive Director of the Foss Watenvay ~ City Clerk's Offrce I 1-53 (Rev.szd 0512007) 't'acorna Muoicip:il Cude ~ Development Authnrity ("FWDA") who, for a special 4. A statentent of the purpose of thc spccial eveni; event at thst vcnue, shall have all authority granted to 5. A statement of fees to be cha ~ed for the special the Ciry Clerk herein xnd shsll prnce5s thc spplic;.atian in accordance with this chapter. AppeaJs from a event; denial of a special eveilt permit for the Thea Foss 6. The Proposed IoTation for the special event; \Vaterway Esplanacie shall bc hcarcl by the FWDA 7_ pates and times when the special event is to be Board. (Ord. 27155 § I; passed Oct. 21, 2003) eonductetl; S. The approximate times when assembly for, and 11.15.071'1 VVhen application for special event disbanding of, the special event is to take place; pe.rmit is deemed complete. An applic.ation for a special event permit is cleemed 9. '1'he proposed locations of die assembly or eomplececl when the applieant has providecl all of che procluction area; information reyuircd in Tv1C I 1.15.090, including 1 o. The specific proposed site or route, inclucling A any additional inforniation required by the City Clerk, map and written narrative of the route; and where Gity services are to be provide.d, the 11. The propasecl site of xn}' reviewing sttutcis; application has been approved by any involved Ciry clepartment, the City A4ansger, zind the CitY Council, 12. T'he propos[;d site for any ctisbanding area; if required. (prd. 27155 § 1; passed Oct. 21, 2003) 13. Propose.d alternate routes, sites or times, where 11.15.080 Date of special event not applicable; confirmed until permit issucd. 14, The approrimate number of persons, animals or Nonvit}istanding the City CIer9:'s acceptance of a vehicles that,.vill constitute the special pvent; completed applicatian, no date shall be considered confmied until a special event permit is issued. 15• I'he kinds c~f animals anticipated to be part of the (Urd. 27155 § 1; passed Uct. 21, 2003) special event; 11.15.090 Conteist of special eveot perniit 15. A deseription of the rypes of vehicles to be usecl ~ aPPlication. in thc speciAl event; The applicstion fnr a special event ptrmit should 17- The nurnber of bands ar other musical units and include the following: the nature of any equipment to be used to produce souiids or noise; A. The n1me, acldress, ancl telepllone number of the applicant. 1 S. The number and location of porcable sanitation facilities; B. A certification that the applicant will be • - financially responsible for any City fees or costs that 19. Other equipment or services necessary to conduci may be imposed for die special event. the special everit with elue re-ard for parciciplnt and public heHlth and sxfet}; C. The name, acldress, qnd telephone number of the event organizer, if any, and the chicf ofiic;c:r of the 20. The number of pr.rsons proposecl or reyuired to event organizer, if any, monitor or flcilitate tNe special event and provide speetator or partieip.~nt eontrol and direetion for D. If the special event is desi~ne.d to be held by, on special events using Ci1y sveeU, side-wall:s, or behalf of, or for any organizativn other than the fficilities; applicant, the applicant for the special event perniit shall file a tiritten communication froiTi sueh 21. Provisions for first aid or emergency meclical arganization: servief:s, or both, basecl on special event risk factors; l. Authorizing the applicant to apply for d1e special 22• [nsurajlce and surety bond information; evcnt permit on its beh:►If; 23. Any special or unusull requirecnents that may be 2. Certifying that the applicant will be financially imposed or created by virtue of the propaSed special responsiblr fnr any c:osts or ftes that may be imposed event activity; and, for the special event; 24. Any odier information required by the City Clerk. 3. A c;opy of the tar exemption letter issuecl for any (Ord. 27155 § l; passed Oet. 21, 2003) applicant claimins to be a tae-exempt nonprofit ~ Qrganiza[ion; - (RCt'JJYtf OS/1PO7) 11-$4 CFyChrk'a 0ffiae '1'acoma Municipal Cocle 11.15.100 Conditions affectin4 the issuance 3. I'rovided sufficient safety, heatth, or sanitation ~ of a special event permiG equiprnent services, ar facilities that are reasonabl}' A. Where the event organizer hzts not rcquested and jlecessary to ensure that the special event will be dle special event does not requirc Ciry services, conductGd wit1i due regard for safety; or equipnient, or personnel, the City Clerk rnay issuc s 4. Provided sufficient off-site parl:ing or shutcle special event p.ermit, when based upon the complete;d service, or both, when required, to minimize any application, all of th: conditions listed in substantial adverse irnpacts on general par9:ing and 'I'MC 11. 15.100.A., l lhrough 8, are rnet. traffic circulation in the; vicinity of the special evcnt; 1. Thc special event will tiot substlntially intenupt or public trsnsportation or othee vehieullr and pzdestrian 5. Have met all of thc requirements for submitting Fin traffic in the area of its route. application for a special event permit. 2. "I'he special event wiil not causc fln unresolvable B. 't'he City CIerk may deny a special event permit it eonFlici wiih consuuction or development in the in the Ciry Clerk's opinion: public right-of-evay or at a public facility. 1. The special everit will rreate die imminent 3 The special event will not block tnffic 1Hnes or possibiliry of violent disorderiy concluct likely to close strcets during pcaS: cotnmuttr hours on endanger public safety or to result in significant weekdays be.tween 7:00 a,m. to 9:00 a.m. and 4:00 property damage; or p.m. ta 6:00 p.m. on streets designated as artcrials by the City's Pi~blic ~V~rks Department. 2• The special event will violate publie heaith or safety law•s; or 4. The spKCial event will not require the diversion of poliee employees from thc:ir normal duties. 3• The special event fails to conform to the requirements of law or cluly established City Policy; 5. The concentration of ptrsons, anim,ils or vehicles or will not tanduly interfere with the tnovemcnt of police, 4. The appliaant clernonstrates an inability nr fire, ambulance, ancl other emergency vehicles on the uawillingness to eunctuct a special event nursuant to ~ streets. the terms aitcl conditions of this r.hapter; or 6. 7'he special event will move from its assembly loc:ation to its disbxndinD location expeditiously and the applicant has failcd to conduct a previously without stnpping enroute. authorizecl or exempted special event in accordance with Iaw or the terms of apermit, or both; ar 7. The special event will not substantially intcrfere with any othcr special e~•ent for which a permit ha.s 6. The applicant h3s not obtained the ap~roval of 1ny other public agency within whose jurisdiction the alread,v been granred or with the provisinn of City serviccs in support of uther scheciuled special events special event or portion thereof will oc7cur; or or unschedtiled ~overnmental functions. 7. The applicant has faileci to provide an adequate 8. The special eveiit will not have significant adverse first Fiicl or emergency rnedical yervices Nlan based on impae[ upon residentiaJ or business access and trnffic special event risk factors. circulation in the sflme gencral venue. C. The City Clcr}: inay deny a special event permit to B. In order to cnsure that the conditinns in an applicant wfio has failed to c:omply with any terrn `t'NiC 11.15.100.A are met, the C.ity Clerk may place of this rhapter or with tiny condition of a special event conditions on the special event permit. (Orcl. 27155 permit previously issued co the applieant. § l; passed Oct. 21, 2003) (Ord. 27155 § 1; passcd Oct. 21, 2003) 11.15.110 Reasons for denial of a special 11.15.120 [)enial of a sliecial event permit event permit. application; appeals from denial. A. The City Clcrk may deny a special event permit to A. If the City Clerk denies the applicacion for the an applicant who hes not: special event permit, pursuant ta TMC 11. 15.120, tie or she shall notify the applicajit in writing as soon ss l. E'rovideci for the scrvices of a sufficient number of is ressonably practical. trained and ce.rtified traffic eontrollers; or B. The dcnial of a spccial event permit may be 2. Provided sufficie;nt tnonitors for crowd control and appeaJecl to thc City Manager or his on cer designee. safety; or . ~ Cfrv C.lerk's Office 11-55 (.Revisect 0511007) Toeoma MutiiCip:11 Code Cl C. An appeal shaU be made in writing within five M. Sucli ather infomiation and conditions as are calendar days of the date of the written denial. An reasonabty necessary for the conduct of the speeinl appeal is made by filin' a written petition with the event and the enforcement of this chapter, including City Cterk, setiing Conh the grounds for appeal. the requirement for the on-site presence of the event organizer or its dcsigriated representxtive far all D. Thc City ~4anagcr sh~0 hear the appeal ~ss soon as SpQCial event coordination and management purposes. is rzasonaMly practicable. (Ord. 271 SS $ 1; passed Oct. 21, 2003) As a condition of the issuanee of a special event 11.15.130 Uisplay of special event permit Permit, the applicant shall be required to make required. adequate provisions for cleaning the area or route of A copy of the special event permit shall be displayed t7ie special event both during and upon completion of in the special event venue in the. mcthod prescribcd by the special event and to raturn the area or route to the the City Clerk applicable to the particular spetial same conclition of material preservation flncl event and shgll be c:xhibited upon demand of flny Ciry cleanlincss as existed prior to the special eveni_ official. (Ord. 27155 § l; passed Oct. 21, 2003) (Ord. 27155 § 1; passed Oct. 21, 2003) 11.15.140 Coiitciits of sprcial event permit. 11.15.150 City Clcrk's action on special A special event permit may contain the following event permit application. information or conditio»s: A. Fxcept as provided in TMC 11.15.150.8, the City A. The location of the special event venue, which Clerk shall take final acxion upon a coinpleted may be identified by a map attached to the special apPlic3tinn for a spe.^cia1 evcnt permit as soon 5s event permit; pracxicable. B. The date, assembly area, time for assembly, and B. The City C(erk is not required to take final action starting time of the special event; upon any special event permit anplication prior to 180 calendar days before the special event. C. The specific routc plan to the special event; C. The City Clerk is not required to take final action I I D. The minimum and ma.Yimum speecls of the specill on an incomplete or untimcly spccixl cvent permit event; application. E. The number and types of persons, animals, and D. Thc City Clerk is not required to process more vehicles: the numbcr of'b3ncls, other musical uniu, than one applicatinn f'or a special cvent pcrmit per and equipment capable of producing sound, if any; applicant during any hvo-week period. ancl lirnitztions diereon nertainin-, to noise abatem£nt; E. rthe City CIer4: is not required to take final action F. The maxitnum interval of space to be maintained upnn two nr more special event permit applications between banths or other structures to be used for the submittcd by the same applicbnt unless two or morc special evenr; weeks shall have elapsed betiveen the respective dates G. The portion of the strect and sidewall: that is to be of submission of each. aeeupied by the snecial evenr, F. Final iction on a campleted speeia] event ptrmit H. The location of reviewin- vr audience stands, if application shall consist of one of the following: any; l. Issuancc of a special evenc permit in xceorclanee 1. Tha numbcr and lacxtion of uaffic controllers, with the ternis of the application; or monitors, othcr support pcrsonnel .ind equipment, and 2. Issuance of a special event permit in accordance barricades to be furnished by the specia] event with the terms of the application, as modified by orsaniaer; mutual agreeinent benr•een the Ciry Clerk and the J. The area and time for disbanding; applicant; or K. The eonditions or restrictions an the use of 3. Denibl of the specia] evenc permit application by alcoholie bcvera~e.s and authorizltioil for and the Ciq~ Clerk. (Ord. 27155 § I; passed Oct. 21, conditions of the exclusivre control or regulation of 2003) vendors and related sales activity by the event 11.15.160 Insurance required to conduct organizer during the special event; special evenL ~ L. The provisions for any required emcrgcncy A. The event orEanizer of 1 special event must medical scrviccs; and passess or obtain comPrehensive general liability (Revrsed OS/2007) 1 l-56 C1 ryCterk'a Offlre Tacama iMunicipal Cocle . • insurance tn protect the City against loss from liability demonstrating the insurancc is unavailablc in the imposecl by law for damages on account of bodily market place. injury sncl property dailiage arising from the special event. Sttch insurance shall name the City of Tacoma, C. ~ven though insurbnee is waived, the City may its officers, employees, flncl agents, and, as rcyuired, require the event or~anizer of a special evcnt to t►ny other public entity involved in the special event, defend, indemnify, and hald harntless the City from as ~ldclitional insured. lnsurance cove;rage must be ~ny clsim or liability ~rising frnm the special event. maintpined for thc duration vf the special event. (drd. 27155 § 1; passecf Oct. 21, 2003) Notice of cancellation shall be providcd immediatcly 11.15.180 Revcieation of speeial event permit. to the CitV. B. Exccpt as provided in T,v1C 11. 15.1 CrO.C, A. Any specisl event pcrmit issued pursuant to this comprehensive general liability insurance coversge chapter is subject to revocation, pursuant to required by TIviC 11.15.160.A shall be in a combined 'I'Iv1C 11.15.180. single limit of at ]rLast $1,000,000. B. ,q Speeill event pcrmit itiay be revoked if the City C. If thc special event is of a dcmoiistrated high- or determines: low-risk category, accorcling ta recognized insurance 1. That tlte speci31 event cannot be conduated without and risk manaoeme.nt standards, the Ciry's Risk violating the standards or conditions Cor special event Nlanager may authorize a grcftter or lesser ctrnount of coverage than required by TivIC 11.15.160.A atid permit issuance; ~r TMC 11.15.169.8: or may require fi particulu type of 2. "l'h£ speciaJ event is being canductecl in violation insurance. coverage differenl from ihat specified in nf any candition of the spcciai event permit; or TMC 11.1 5.160.A 1nd 'CIv1C 11.15.160.13. 3. The special event posr.s a threat to heaJth or safety; D. The insuranc;e required by TMc 11. ] 5.160.A shall or encompass all liability insurance requirements 4. The event nrganizer or any person associated with imposed for other permits requircd under othtr the spcc;ial event hbs fliled to obtbin aJtY other perrttit sections of this chapter and is to be pravicle(i for thc requireci pursuant to the provisions of this chapter; or benefit of the City and not as a duty, express or implied, to provide insurance protcxtion for spactltors 5. The special event {yermit wa,s issued in error or or participants. contrary ro laNv. F. The event orgac►i2er's current effective insurance C. Ezcept as provided in "I"MC l 1 15.1 YO.D, notiees policy, or copy, along with nccessary enclorsem:nts, of revocation shall bc in writing and specifically set shall be filcd with che City Clerk at least 30 cHlendar lnrth die reasons for the rcvocation. d;►ys befare the special event, unless the City Clerk for gaod cquse rnodifics Lhe filing rcquiretnencs. D. If th~re is ;tn emergCnCy requirin~ immediate (Ord. 27155 § 1; passe.d Oct. 2l, 2003) ~~'ocAtion ofa spccial event permit, the City Clcrk rnay notify the permit holder verbally of the 11.15.170 Waiver uf insurancc requiremcnts. revocation. L. An appea] Gom a revoe.ition shall bc hHndled in 1. VVhether it is an expressive activity special event the slme manner and under the same time governed by TMC 11. 15.220; reyuirernents as ctenials of sptcial event pcrmits, 2. Whether it is objectively impflssiblc to obtain pursuanl to TMC 11.15.120. (Ort1. 27155 § I; passed insuranc;e coverage; nct. 21, 2003) 3. Whether die special event will imrolve tPie use of 11.15.190 Cost recovery fpr special events. equipment (other than sound eyuipntent), vehicles, A. L-xcept as otherwise provicied in this chapter or animals, fire.worhs, or p}'rotechnir.s; or when fiinded or wbivecl by the City Council resolution or ordinancc:, for any speci~l event, the City Clerk 4. ~Vhc:ther a fee or donation is chargr.d or requirecf as ~hbll charSe for the actual cost of: a condition of admission or pariic;ipation in the special event. 1. `I'he City personnel invofved in permit processing, B. To claim that it is objectively impossible to obtain sPecial event traEiic contral, fire slfety, or other insurance coverage pursuant ro°I",\9C I 1.15.170.A.2, facility ar specill event suppor[; and the applicant shall submit a statement from at Ieast 2. The use of City equipment and other nonpcrsotinel two independent licensed insurance brokcrs expense. ~ Cit}, Cferk's Offtca ] ] -57 (Revised 0512007) "I'acoma Municipal Cnde ~ S. 1'he City Clerk shall require payment af fees 11.15.220 Expressive aetivity special cvent, required, pursuant to TMC 11. 15.190.A, or a \When a special event pcrmii is sought for a rea.sonable estimate thcrcof at the time the completed demonstration, rally, or mureh as defined in this applieation is approved, unless the Ciry Clerk for chapter the following cxceptions shall apply: vood causc extends time for payment. A. Where the special event ~vill not require C. [f ih£ e~~ent organizer fails to comply with tcmporary street closures, cost recovery: pursuant ta TMC 1 l.l5.140.N, the evcnt organizer will be billed TMC 11.15.190, shall be limited solety to a fee based for sctusl City costs for cleanup and repair of the area pri the administrative cost of nroce55ins the permit or rnutc accasioned by the special event. [f the event applict~tinn. organizer failed to comply with TMC 11.15.140.T~° under a previously issued sper.ial event permit, the B. The insurance requirement of TMC 11. 15.160 City Clerk may require die event organizer to deposit shall be waivetl provided that thc evcnt oraanizer or aclequate surery in the form of cash or band. an oflicer of thc sponsoring has fled with the (Ord. 27155 § l; passed Oet. 21, 2003) lpplication a verified statement that he or she intends the special cvent purpose to be First Amendment . expression and the cost of oUtaininS insuranrlc is 11.1 5.200 E,ffeet OP receipt of donations an financially burdensorne and would wnstitute an sta[us of tax-exempt nnnprofit unreasonable burden on the right of First Arnenclment organi2ations. exprc:ssion. The verified statement shall incluclc the r'1 tax-exemP[ nonnrofit organizatiort sponsorine a name and address of oite insurance broker or other special everit inay acknowledge the reecipt of cash or source for insurflnce coverage contxcted to cletermine in-i:ind services or goads, donatian;, prizes, or other premium rates for cAVerage. consideracion from for-proCt orgsnizations withnut C. Where the special eveni will require temporxry causing the special eveni to be considered a street closures snd any one or more of the conditions commexcial snecial event withiii the meaning of ehis of TMC 11. 15.220.C: 1 thraugh A, are mei requiring chapter. Such acknowledgment mfly include use of the City to provide services in the interests of public die name, tradernarh, service mark, or laon of such a healch, safety, and welflre, the Ciry Clrrk may ~ for-prnfit organization in the name or title of the condilion the issuanc;t of the special event permit special event or the prominent appearlnce of the same upon payment af costs incurred by the City to a in advertisiny or on collatcrsl materisl associated with maximum of $500. Any fee schedule adopicd by the the special event. (Ord. 27I55 § 1; passed Oct. 21, Ciry will contain fl provision for waiver of or a sliding 2003) scale for payment of fees fnr city senrices, inclucling 11.15.210 Rcvcnue stiaring. policc costs, on the basis of indigency, so that an indigent applicant's First Amendmcnt rights are not A. An event organizer of a comtnercial special events impAired in any fashion due to wealdi. cha!l nay the City a negotiated percentage of gross revenues, a flat i'ee, a combinHtion of perccntage of l. The special cvcnt will substantially interrupt ptiblic gross revenucs and a flat fee: or any other revenue trf►nsportation or other vehicular and pedestrian traffie sharing agreement the City Clerk, in consulttrtion with in the area of iU route, and/or the City Mxnagrr decros to be the best interests of the 2. The special event will cause an unresoh~able City. conilict with construction or development in the B. Cost reeovery under TMC 11. 15.210 shall not be public right-of-way or at s public faciliry, and/or requirecl of cummereial speci31 events where psyment 3. The special event will bloek traffic lanez, or close for sueh scrvices has been provided for %-.ithin a sueets cluring pcbk cnmmuter hours on weekdays written rc:venue-shsrina agreement with the City. betNvec;n 7:00 a_m. to 9:00 a.m_ and 4:00 p.m. to 6:00 p.m. on streets desigr►ated as arterials by the Ciry's C. r1n cvent organizer pf a commercial snecial event Public «'orks Deparmient, andlor sh911 not be requircd to cnter into a revenue-sharing 4. The special evcnt will require the diversivn of agreement with the City where the Ciry has waived police employees from their normal dutics, and/or cost recovcry pursuant tq T\9C 11. 15.21Q. (Ord. 27155 § l; passed Oet. 21, 2003) 5. The concentration of persons, animals, or vehicles will unduly interfere with tlie movement of police, fire, AIT1bUIFlfIC(, and nther emerge.ncy vehicles on the streets, and or ~ (Revised 0512007) 1 l-a8 CFrfCTnXa Offioo Tacoma Municipal Code 6. The special event will substantially interferc with 11.15.250 City Manager authorized to adopt ~ another special event for which a permit has already rules and regulations. be.r.n gnnted or with the provision of Gity services in ^(he Cicy Manager is authorized to promulgate support of other schedulecl special events, and/or qdditional rules and regulations that are consistent 7. The special event will have significaiit adverse with and dhat further the terms and requirements set impact upon residential or business access and trat3ie forth within this chapter and the provisions of lyw that circulaiion in the same general venue. pertain to the conduct and operation of a special D. With regard to the permittine of expressive Event. (Qrd. 27155 § I; passed Oct. 21, 2003) aativity special cvents where the provi;ions in this 11.15.260 Authorized special event ve.ndors. section coriflict with the nrovisions in any other A. The issuance of Fi special event permit canfcrs section of this chaptcr, the provisions of this ss;ttion upon the permit holder or event orgf►ni2er the right to shall prevbil. control and regulate the sale of ooods, f'~od,1nd 6. Sections 11.15.100, 11,15.110, 11.15.210, beverlges within the special event venue in I 1.15.230, and 11.15.260 of this chapter shall nvt accordance with the terms and conditions of the apply to expressive activity special eveaiis. special event permit. (Ord. 27155 § 1; passtd Oct. 21, 2003) S. Vendors authorizcd to sell goods, footi, or 11.15.230 Audits and accounting procedures. beverages in the special evcnt venue shalf display their authorization in the manner required by the Cily Ivtanager. Only vendors displayina the required A. An event organizer of a commercial special cvent fluthorization shall he alloweci to sell gooeLs, food, or shall make paymeni ancl provide a final financia] beverages in thc Special Evcnt Venue. (Ord. 27155 statement autlited by a r•r.rtified public nccountant to § 1; p;used 4ct. 21, 2003) the Ciry Manager no late.r thxn 30 calendsr clays after the special event for t.he fees a❑d revenues to be paid 11.15.270 Unlawful to conduct or promote to the Ciry, atcendance ac special event widiout 13. l.lpon lhe request oftNe City Msnager, an r.vent permit organizer of a\oncommereill Special Gvent shall A. !t is unlawful to conduct a speci tl event without fl ~ J Provide fl firlal financill statr.ment audited by a special event permit as rcquired pursuant to this certified public uccountsnt no later than 30 calendar chapter. ciays after the request. S. It is unlawful for anV person to eonduct, pxomote, C. At any time during normal business haurs and as or manage any special cvent for which a special event often as the City Manager or Ciry Finanr.e Director permit has nat been issucct. (Ord. 27155 p2ssed deems neer.sssry, all clat:► flnd records pertaining to the Oct. 21, 2003) special event shall be made available to die City for 11,15.280 Otller permits and licenses. examination at reasonable Iocations within die Citv of Tacoma. '1'he issuance of a special event permit does not relieve any person frorn the obligation ta obtain sny D. The City will be allowed to audit, eyanine, and oiher permit or license requircci pursuant to the rnake excerpu or transcripis from [he records. The Tacoma ,\4unicipal Cocle or any other applicable law. records shall be retained for a periad of not less than (qrd_ 27155 § I; passed Oct_ 21, 2003) three years following the special event unless the Ciry agrees to an earlier disposition. (Orti. 27155 § 1; 11.15.290 Unlawful to sell guocJs in special passed Oct. 21, 2003) event venue wit6out authorization. 11.15.240 Delegation of City A'ianager's authority. [t is unla)vful for ariy person to sell, resell, or of~'er to sell or resell, any goocls, food, or beverages in a The C'rty Manager may clelegate any or all of his or special event venue, except: her futictions uncler this chapter to his or her deputies or suborclinaies. (Ord. 27155 S l; passed Oct. 21, 1. From any builciing; or, 2003) Z. From any tent, bnath, or cemporary structure expresslv authorized pursuant to a special evr.nt permit_ (Ord. 27155 § l; passed Oet. 21, 2003) Crry Clerk'a Offwe 11-59 (Revised 0511007) 'Cacoma A7uniciral Cocle ~ 11.15.300 Cost recovcry for unlawful special Chapter 11.16 event. Whenever a c;ommercial or noncomtnercial special EQUII'Iv1ENT AND TNSPECTION event is conducted without a spccial event pemiit, f2epeu/ed by Ord. 25208 when Ane is requirecl, or a special event is conducted (Ord. 25203 § 1; passed Nov. 24; 1992) in violation of the terms of an issued special event per►ni[, the event organizer shall be responsible Cor, and the City shall charge thc event organizer for, all Cliapter 11.18 City costs incurred for personnel and equipment for a public safety response caused or necessita[ec{ by ehe LICENSES - VCHIC[,E AND OI'6RATOR advcrse impacts of the special event or thc violation Repeuletl b}+ Orcl 15208 of the special event permit upan public safery. , ~ (Ord. 27155 § 1; passecl Oct. 21, 2003) (Urd. 25208 § l; psssed \ov. _4, 1992) - Cliapter 11.19 LOADNG ZON'ES - STnNDS Repeuled by On1. 15208 (Ord. 25203 § I; passed \'ov. 24, 1992) C;hapter 11.20 'fEMFORARY STREE-T CLQSUFi.ES Repealed by Ord 27155 ~ (Orcl. 27155 § 2; passed Oct. 21, 2003: Ord. 25208 § 6; passed Nov. 24, 199,2: Ord. 23427 § 1; passed Jul. 2, 1985. Formerly 11.23.220) Cliapter 11.24 PARKING - PEItMI'I'S ANp ILLEGAL PARKING Itepealed by Ord 15108 (Ord. 25203 § 1; passed Nov. 24, 1992) ~ (Revtsed 0512007) 11-60 CirfCk, N'a0,15n CITY OF SPOKANE VALLEY ~ Request for Council Action Meeting Date: City Manager Sign-off: Item: Check all that apply: ❑ consent ❑ old business ❑ new business ❑ public hearing ❑ information X admin. report ❑ pending legislation AGENDA ITEM TITLE: Code Compliance - Proposed revisions GOVERNING LEGISLATION: SVMC 17.90 and SVMC 7.05 PREVIOUS COUNCIL ACTION TAKEN: None on these proposed revisions. BACKGROUND: As the Council is aware, staff constantly reviews and takes in comments regarding its Code provisions in an effort to fix things that don't work as intended, to make the - Code work better in its application to real life situations, and to remove those provisions that our experience shows us are unnecessary. We have been accumulating a number of potential changes as they relate to code compliance-related provisions, which are provided in the attachment. ~ These types of code compliance matters relate closely to land use, which means that the appropriate procedural path for consideration would be to refer the proposed changes to the Planning Commission for consideration and recommendation. OPTIONS: Motion or consensus to refer the proposed changes to the Planning Commission; instruct staff to provide additional information prior to referring to the Planning Commission; do nothing. RECOMMENDED ACTION OR MOTION: Consensus to refer the proposed changes regarding code compliance issues to the Planning Commission; (alternatively in the form of a motion) I move that we refer the proposed changes regarding code compliance issues to the Planning Commission. BUDGET/FINANCIAL IMPACTS: STAFF CONTACT: Mary Kate Martin, Building Official; Cary Driskell, Deputy City Attorney ATTACHMENTS: Proposed changes in SVMC 17 and SVMC 7.05 ~ 17.90.040 T[me for and Contents of an Appeal to the Hearing Enam(ner 1. Appeal to Hearing Examiner. My appeal to the Hearing Examiner must be received no later than fourteen (14) calendar days after written notice of tt+e decision is mailed. Receipt of a complete appeal suamittal shall stay the original decision untll a final decision on the appeai has been reached. The appeal shall include: a. The case number designated by the Ciry and the name of the applicant; b. The name and signature of each petitioner or their authorized representatlve and a siatement showing that each petitioner has standing to flle the appeal under this chapter. If muftiple parties file a single petition for review, the petition shall designate one (1) party as the contad representative; c. The specific decision and speaflc portions of the decision or determination being appealed, and the specific reasons wfiy each aspect is in eROr as a matter of fad or law; d. Evidence that the specific issues raised on appeal were raised during the period in which the record was open; and e. The appeaf fee as identified in SVMC 17.110. The fee may be refunded, either wholly or partially, only If the appellant requests wEthdrawal af the appeal in writing at least fourteen (14) calendar days before the scheduled appeal hearing date. f A person rewonsible for a code campliance/enfarcement violation who successfullv appeals 1he Citv's administrative determination of a violation shall be refunded the aqpeal tee withln 45 davs 17.100.080 Obligatlons of persons reaponaible tor code vlolation. A It shall be the responsibility of any petson identified as responsible for a cade vlolation to bring the property into a safe and reasonabte cortdhion to achieve code compliance. Payment of clvil penaities, applications for permits, aclmowledgement of stop work orders, end compliance with other remedies does not substitute for performing the corrective work required and having the property brought into compliance to the extent reasonably possible under the circumstances. B. Persons determined to be responsible for a code violation pursuant to a notice and order shall be Ilable for tfie paymerit of any clvil penames and abatement costs:; . fe~; eendkien. o . OF i 17.100.090 Determination ot Compllance After issuance of a waming, Voluntary Campliance Agreement, natice and order, or stop woric order, and after the person(s) responsible for a violation has come into compliance, the City shall fssue a written detenmlnation of compliance. The City shall mail copies of the determination of compliance to each person onginally named in the waming, Voluntary Compliance Agrsemerrt, notice and order, or stop woric order, as well as the complainant if lhe complainant reciuests such notification at the time the comalaint was submitted to the Citv, by Certfied Mail, five (5)-day retum receipt requested. 17.100.150 NoUce and Order - Contents The notice and order shall contain the following information: A. The address, when available, or lacation of the violation; B. A legal description of the real property or the Spokane County tax parcel number where the violation occurred or is located, or a description identifying the property by commonly used locators; C. A statemerit that the City has found the named person(s) respansible for a te-have semFAkted-a violation and a bnef description of the violation(s) found; D. A statement ot the specific provisions of the ordinance, resolution, regulation, pubtic rule, permit condition, notice and order provision, or stop work order that was or is being violated; E. A statement that a civil penalty is being assessed, including the dollar amount of the civil penalties per separate violation, and that any assessed penalties must be paid within twenty (20) days of service of the notice and order; F. A statement advising that any costs of enforcement incurred by the City shall also be assessed agafnst the person to whom the notice and order is directed; G. A statement that payment of the civil penalties assessed under this article does not reiieve a person found to be responsible for a code violation of his or her duty to coRect the violation andlor to pay any and all civil penaltfes or other cost assessments issued pursuant to this article; H. A statement of the coRective or abatement action required to be taken and that all required pennits to perfomn the carrective action must be obteined from the proper issuing agency; 1. A statement advisfng that, ff any required worlc is not commenced or completed within the time specified by the notice and order, the City may proceed to seek a judicial abatement order from Spokane County Superlor Court to abate the violation; J. A statement advising that, if any assessed penalty, fee or cost is not peid on or before the due date, the City may charge the unpaid amount as a Ifen against the property where the code violation occurred if owned by a person responsible for a violation, and as a joint and several personal obligation of all persons responsible for a code violation; K. A statement advising that any person named in the notice and order, or having any record or equitable title in the property against which the notice and order is recorded may appeal from the notice and order to the Hearing Examiner within twenty (20) days of the date of service of the notice and order; L. A statement advising that a failure to oorrect the violations cited in the notice and order couid lead to the denial of subsequent Spokane Valley permit applications on the subjeci property; M. A statement advising tfiat a failure to appeal the notice and order within the applicable time limlts renders the natice and order a final determination that the conditions described in the notice and order existed and constituted a violation, and that the named party fs fiable as a person responslble for a violation; N. A statement advising the person responsible fof a code violatlon of hls/her duty to notlfy the Cityr oi any actions taken to achfeve compliance with tne notice and order; and 0. A statement advising that a willful and knowing violatlon may be refemed to the Office of the City Attomey for prosecution. 17.100.260 Ctvil Penaltles - Asseasment Schedule 1. Civil penatties for code violations shall be imposed for remedial purposes and shall be assessed for each violation identified in a , notice and order; or stop work order, pursuant to the folfowing schedule: Notice and orders and stop work orders: basic initial penalty per violation: $500.00 2. Addftional initial penalties may be added where there is: a. Public heatth risk - amount depends on severity: $0 - 2,500 b. Environmental damage - amount depends on severity: $O - 2,500 c. Oamage to properry of other - amount depends on severity: $0 - 2,500 d. History of similar violations (less than thres (3)): $500 e. History of similar violations (three (3) or more): $2,500 f. Economic beneftt to person responsible for violation: $5,000 3. ' .pc-o~-k++MsI-t-$-2efo . 1,500.0-9 ~ ~42) ef- -"PialEies-assessed }evwiflg--i5sua~e-0# 6-Civi1 penatNes shall be pald within twenty (20) days of service of the notice and order or stop work order ff not appealed. Payment of the civil penalties asseased under this article does not relleve a person found to be responsible for a code violation of his or her duty to corred the vioiat+on and/or to pay any and a!I civil penalties or other cost assessments Issued pursuant to this article. 64. The City may suspend civil penatties if the person responsible for a code violation has entered into and fulfilled all requirements of a Voluntary Compliance Agreement. -6emplianse , eaAaeled OF Fie! puFsued, seneG+ve-asfien-ideRti€ied-+ , Ilewed-ta4e4iff+- to-a-sendt~ pl-pe I- T. Civil penalties assessed create a joint and several personal obligationis in all persans responsible far a code violation. 8. In addition to, or in Ifeu of, any other state or local provision for the recovery of civil penalties, the City may file for record with the Spokane County auditor to claim a lien against the real property for the civil penalties assessed under this article if the violation was reasonably related to the real property. Any such lien can be filed under this article if, after the expiration of thirty (30) days from when a person responsible for a code violation receives the notioe and order or stop work orcler (excluding any appeal) and any ctvil penalties remain unpaid in whole or in part. 17.100.280 Civil Penafties - Waivers 1. Civil penalties may be waived or reimbursed to the payer by the City under the foflowing circumstances: e. The notice and order or stop work order was issued in error, b. The civil penat6es were assessed in eROr, c. PleVse-failed-te-Feash-lhe-pe$ef4jr-owaef-dus4o-t~+nusuaa-siwoxmstaf►ces;-ef d--New, material infoRnation warranting waiver has been presented to the City since the natice and order or stop work order was issued; or e. T-he-~~haG~e i~ ~~been in'tWed d As aoDropriate to resolve litiaatiori 2. The City shall state in writing the bas - statement shall become part of the publfc record unless privileged 7.05.040 Nuisances prohibftd. No person, fiRn, or entity shall ereci, coMrive, causa, corrtinue, mairrtain, or permit to exist any pubfic nuisances within the City. Prohibited public nuisances include, but are not limited ta: A. Vegetation. 1. Overhanging limbs or branches that are less than eight feet above a public walkway or sidewalk, or less than 14 feet above a public sVeet. 2. Vegetation that obstructs or hinders the use of any public walkway, sldewalk, or street, or that obstructs or obscures the view of traffic or tratfic contral devices, pursuant to clear-view Viangle policies adopted by the City. 3. Any growth of noxious weeds or any taxic vegetation shall be suNect to Chapter 16-750 WAC as cuRently adopted and hereafter amended_ B. Buildings, Structures, Fences. 1. 8uildfngs or portions thereof which are deemed dangerous Qursuant toby the Spokane Valley building code (currently adopted lntemational Propertv Maintenance Code end the Intemationa) Existina Buildina Cod s gangeFaUG-8E+i1dirqs); provided, that such conditions or defects exist to the extent that the life, health, property or safety of the public ar the structure's occupants Is endangered. 2. Any fence that obstructs or obscures the view of traffic of traffic control devices, pursuant to Gear-view triangte policies adopted by the City. C. Sidewalks. 1. Any protrusian, awning, or overhang that inhibits or obstructs use of a public walkway or sidewalk. 2. Any objed, construction, or damage that inhibits or obstructs the suriace use of a public walkway or sidewalk. 3. Snow or ice not removed from a public sidewalk within a reasonable time. 4. Accumulatians of dirt ar debris not removed from a public sidewalk. D. Unauthorized Signs. Any sign not in compliance with the City's currently adopted sign code E. Accumulations of materials garbaQe recvclables, furniture, machinerv 1. BuildinQ and Construction Materials. Accumulations, stacics, or piles of building or construdion materials not assoaated with a cument, in-progress project inGuding metal, wood, wire, electrical or plumbing materiels in disarray or exposed to the elements on the property. This provision does not apply to a designated contractor's yard, as defined in the cuRently adopted Spokane Valley Zoning Code. 2 Garbaqe Recvclables Comflost, and Infastations. a rarbaae not keat in a aroQer reoeptacle with e tiaht-fittina lid b A=mulations of braken or nealected iterns, litter, salvaae materals, and iunk not in an aparoved enclosed stn,cture in the front. back, or side vards of the ro ert . c RPmtclahles nOt DfOpBdY StOred 8f1d f@S141f3IlY dISDOSEd Of. d Creati a or maintaininq accumulations of matter, mcludm4 faodstuffs. that harbor or are an attraction far the infestation of insects or vermin; failinq to eiiminate such infestations or failina to eliminate intrusive insects 3. Fumiture and AQpliances. a Ail broken or discarded household furniture fumishinas or eQUioment, or anV BUpllances f10t in 8n aDprOVed QnClOSed StruGturB in the front side, ar back vard of a DfOD@ftv. b All accessible refnoeration apaliances not havin4 the doors secured or removed or anv enclosure that can Qntrap humans or anfmals. 4 Machinerv and Ecauipment Broken inoqerable accumulations of, or paRs of machinerv or eauiFment not in an anproved enclosed structurein the front, back, or side yards af the proertY This section excludes nuisance vehicles that are reaulated bv subsection P of this section. F. Fire Hazards. Stacks or accumulations of newspapers, dead vegetation (excluding properly malntained compost piles), cardboard, or other paper, cloth, or wood produds left in a menner that could pose a substantial risk of combustion or the spread of fire. G. Toxic ar Caustlc Substances. Improper storing or keeping of any toxic, flammable, or caustic substances or materials. H. Smoke, Soot, ar Odors. The escaping or emitting of any unnecessary or harmful smoke, soot, fumes, or gases or odors offensive or harmful to persons of ordinary sensibilities. 1. Bodies of Water. 1, Except for City-approved structures related to storm drainage systems, all stagnant, pooled water in which mosquitoes, flies or other insects may multiply. 2. The polluting of any watennray, well, or body of water not subjed to the jurisdiction of the Spokane regional health district. ,d-Ga,~age;-~ , ti~. . . Mte, salvage-fnatapals,-aA~c MIA ,4n4he-#ro#, Ve #-t. iil~-~e~~ stefed-aAC#-fegt4af#yr E4ispesedf- h2 ; failing tO sueh isfesteVen -r !G K. FwFnkuFe and Applianoes. 1. , , side, ot-a PFOPOFty. 2-AJIas6ess+tge °f ~ L1. Hofes, Pits, and Excavations. All uncovered holes, pits, or excavations not marked or guarded that are in excess of 10 or more inches in width at the top and four feet or more in ciepth A+- Marh4eWy-arid-iq44M}eA4-- . . . -er-s+de e*rludes-At+sanse vehiG1e64hat-ar-e-Fe9u4iied-bi+ ~ WK. Attractfve Nuisances. Any acr,essible attractive nuisaRCe to children including, but not limlted to, unattended machinery or equipmerYt, unaecured abandoned or vacant bulldings, open and unattended vehicle trunks, or other unguarded conditions or situabons that could injure or trap a child. ~ 9k. Noise. 1. Any noise or sound that intrudes into tfie property of another person that exceeds the maximum permissible noise levels as established in WAC 173-80-040, as currerrtly adopted and hereafter amended. 2. The frequent, repetitive or continuous sounding of any horn or siren attached to a motor vehicle, except as a waming of danger or as specifically permitted by law. 3. The creation of frequent, repetitive or continuous sounds in connection with the starting, operation, repalr, rebuilding or testing of any motor vehicle, motorcycle, off• highway vehicle or intemal combustion engine within a residential zone, so as to unreasonably disturb or interfere with the peace and comfort of owners or possessors of real property. 4. The noisy operation of any automobile, truck, motorcycle or other vehicle in such a nonemergency manner to cause the squealing of tires by the rapid acceleration of the vehicle; the loud and continuous grinding, thumping or grading noiaes from trucks or other commercial vehicles; the engine compression noise from the unmuffled or poorty muffiled compression braking of trucks; the sound from any motor vehicle audio sound system such as tape players, radios, and compact disc players at volumes so as to be audible greater than 50 feet from the vehicle itself; and toud, excessive engine ar exhaust noise trom unmuffled vehicles or vehicles operating with inadequate muffler systems to prevent unreasonably loud noises. ~ RM. Dust. Disturbing the topsoil of any tand area, or permitting the same, by any person wlthout taking affirmative measures to suppress and minimize the blowing and scatteting of dust so as to unreasonably disturb or interfere with the peace and camfort of ownets or possessors of real property. This provisfon does not include permitted agriculturat actividss es (egal nonconforming uses or peRnitted agricultural activities in general agricultural zones. ( QN. Nuisance Premises. Any premises or structures allowing or maintaining prostitution, lewd behavior, underage consumption of alcohol, the harboring of )uvenile runaways or wanted persons, of where there is the use, sale, manufacturing or distributing of any narcatic or controlled substance, or at which there is a pattem of criminal actlvity, are prohibited nuisances. ~ RQ. Yard Sales. The holding or permitting of a yard sale on the same real property more than seven consecutive days, or more than two consecutive weekends. ~ Se. All junk vehicies, or parts thereof, placed, stored or permitied to be located on private property within the City limits are public nuisances to be abated as provided in this chapter. This chapter does not apply to: 1. A vehicle or part thereof that is completely enclosed within a building in a lawful manner where it is not visible from the street or other public or private property; 2. A vehicle or part thereof that is stored or pariced in a lawful manner on private property in connection with the business of a licensed dismantler ar licensed vehicle dealer, and is fenced according to the provisions or RCW 46.80.130; 3. A junk vehicle does not indude a vehicle which is in the process of being repafred, as evidenced by the good falth efforts of the vehicle owner. This exception shall include having up to one "parts" vehicle, from which parts are being salvaged concurrent with the repafr process for the vehicle being excepted irom compliance in this section. Good faith efforts of repalr can Include producing invoices showing work or parts purchased for repair or renovation withfn 30 days prior to issuance of the notice of violatfon, or a declaration under penatt}r af pedury that the vehicle is ln the process of being repaired and has been worked on within 30 days prior to issuance of the notice of violation. This exception allows up to 60 days for gaod faith repair. Upon good cause shown, the director shall have the discretion to grant one additional 60-day exception period to this chapter. Under no circumstance shall any goad faith efforts of repair extend for more than 120 days, after which time this exception shall no longer apply. This exception shaA apply to one vehicle and one parts vehicle per parcel of land per calendaF ..'Thmre;h*l tre a8a*ad aa excWUwts ia ttu6 OuWwrup ro tvr~ Itork vOWesa soaas, so ItuQ as Vey wti aamplatety sight. CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: July 8, 2008 City Manager Sign-off: Item: Check all that apply: ❑ consent ❑ old business ❑ new business ❑ public hearing ❑ information X admin. report ❑ pending legislation AGENDA ITEM TITLE: Transportation Benefit District update regarding proposed amendment to the Spokane Regional Transportation Council's Metropolitan Transportation Plan. GOVERNING LEGISLATION: RCW 36.73 PREVIOUS COUNCIL ACTION TAKEN: Discussion at winter retreat January 12, 2008; administrative report January 15, 2008; administrative report February 12, 2008; Council discussion about infrastructure funding options, instruction to staff to proceed with drafting legislation allowing for establishment of a transportation benefit district; April 8, 2008 discussion and update on formation of TBD, discuss draft ordinance; April 15, 2008; administrative update June 10, 2008. BACKGROUND: As the Council is aware, the Legislature recently amended RCUV 36.73 to provide that local jurisdictions may assess a car tab fee and use the funds for capital projects, and also for maintenance of the street system so long as the applicable regional transportation plan specifically provides for such. For Spokane Valley, it is the Metropolitan Transportation Plan (MTP) adopted by the Spokane Regional Transportation Council (SRTC). On June 10, 2008, staff advised the Council that we (in conjunction with the good folks at Association of Washington Cities) have been discussing potential changes with the staff at SRTC to the 2007 MTP that would meet the statutory requirements. The proposed changes would be in Section 6, page 11 as follows: Loca! Option Vehicle Registration Fee. This local option considers the imposition of an - up to $100.00 (the maximum allowed under RCW 36.73) annual vehicle registration fee for vehicles registered in Spokane County. The funds can be used for proiects or programs that SUppOft local road construction, rehabilitation, and maintenance, preservation or the operation of local transportation systems. These funds can also be used for state hiqhwavs b(idqes reqional arterials hiqh capacity transportation public ' transportation and transportation demand manaqement purposes. For the purposes of this analysis, SRTC compiled the actual vehicle registrations in Spokane County from established forecasts to 2030 using a rolling average historical growth rate. The premise being that a rolling 20-year average will have moderate peaks and valleys in growth, while at the same time be more responsive than a trend line projection of historical data...... I heard back from Glenn Miles, Director of SRTC on June 11, 2008 as to the status of the = proposed change. He advised that he agreed with the proposed changes, and stated that the text amendment would fit in well with other changes being contemplated this year for adoption in the Fall. OPTIONS: Wait until Fall to determine if the proposed changes to the MTP are made. RECOMMENDED ACTION OR MOTION: . % BUDGET/FINANCIAL IMPACTS: To be provided at a later date. STAFF CONTACT: Cary P. Driskell ATTACHMENTS: . ; CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: July 08, 2008 City Manager Sign-off: Item: Check all that apply: ❑ consent ❑ old business ❑ new business ❑ public hearing information N admin. report ❑ pending legislation AGENDA ITEM TITLE : Estimated 2009 revenues and expenses. First touch towards public hearing on July 22 GOVERNING LEGISLATION: State budget law PREVIOUS COUNCIL ACTION TAKEN: No formal council action has been taken on the 2009 budget. A proposed budget has been prepared and will be reviewed by the City Manager. The City Manager is expected to present his preliminary budget to the council on August 12. This same information will be presented to the council at the July 22 public hearing. Two additional public hearings are planned to gather input from citizens BACKGROUND: Each year staff prepares estimates of the proposed revenues and expenditures for the coming year. These estimates are presented to the City Council (July 8) and then to the public at a public hearing (July 22). State budget law requires we make our projections known and conduct a public hearing to consider input from the public. Special mention is required of the property tax levy. The comparison below reflects the 2008, and estimated 2009 property tax levies. The tax rate is expected to be near $1.53/thousand dollars of assessed value as anticipated in state law. 2008 2009 Prop. tax levy $9,868,940 $10,500,000 Total $9,868,940 $10,500,000 These 2009 estimates reflect an increase in the dollars levied of $631,060 (6%) from 2008. The City's actual 2009 levy may be more or less than shown. ` J Other significant changes in General Fund revenues include an estimated decrease in sales tax receipts of $300,000 and an estimated decrease in gambling tax of $200,000. OPTIONS: State law requires a hearing on 2009 estimated revenues and expenditures. RECOMMENDED ACTION OR MOTION: Staff recommends council direct staff to proceed with preparation of the 2009 budget. No other action is needed at this time. BUDGET/FINANCIAL IMPACTS: This information will be incorporated into the 2009 city budget and may be modified prior to budget adoption STAFF CONTACT: Ken Thompson, Finance Director / \ . Proposed 2009 Revenues & Expenditures Spokane Valley Council Meeting July 8, 2008 t Tfl.~OB Budget ~ Total City Budget ■$87 Million - very close to 08 budget Still under consideration: +Loan to Street Fund +Replenish Winter Weather Fund Tl7ft00D 2 1 ~ General Fund REVENUES: ■ Sales Tax down $300,000 ~ ■ Property Tax up $630,000 - (6%) Rate est. $1.53 ■ Gambling Tax down $200,000 EXPENSES: ■ Loan to Street Fund $1.175 million ■ Records Management $400,000 ■ Replenish Winter Weather Reserve $500,000 i~~T General Fund . . . conti.nued , ~ ■ Two new positions in the approved Bus. Plan ~ + Parks & Rec. Operations Coordinator : + Finance Admin. Assistant ■ Expenses very close to our multiyear financial projections ;,f<~•: Trazooa I 2 _ Other ■ Expect numbers to change as we fine-tune ■ Public hearing scheduled for July 22 ■ Two additional public hearings (Sept., Dec.) T ILOD3 5 ~ 3 2908 2009 2607 Amende4 Proposod Actuals' Budpet Badgct 101 - Street Fund Beginning Fund Balance 4,684,26E 3,741.e91 1,797,000 Street Fund Revenues Property Taxes 2.280 10,000 - Mator Fuel (Gas) Tax 2,093,619 2,150.000 2,100,000 Interfund Interesl - • - Investment Int8t8st 236,643 85,000 125,000 Inferfund Transfers 900.000 - 1,175,000 Insuranoe Premiums 8 RecoverSes - Miscellaneous Revenue 63,87-7 Total Street Fund Revenues S 7,896,5e7 5 5,e86,691 $ 5,197,000 Street Fund Expendituros Salaries, Wages, 8 Benefits 237,ee9 373,792 370,113 SUpplie5 44,988 61,400 52,7&4 8eroices 8 Charges 2,110,401 2,346,333 1,860,383 Intergovemmental Payments 1,776,E68 1,385,4E6 1,794,966 Interfund Trensfers 59.900 75,307 79,404 Capital Outlay 25,650 ao,ooo Total Streat Fund Exponditures 4.254,E96 4,242,304 4.222,650 Street Fund EsUmated Fund Balance s s,7a~,ssi $ 1.744,3e7 $ 974,350 2808 2009 2607 Amcnded Proposed Actuals BaQget Budget 102 - Arterial Streot Fund BQginning Fund Balanco 775,603 821.714 5190,000 Arterial Street Fund Revenucs Motor Fuel (Gas) Tax • - - Investmentinferest 45,141 • 20,000 Transfer from CDBG Fund Total Arterial Street Revenues s 821,714 s e21,714 5 600,000 Arterial Street Fund Expenditures CapitalOutlay - - - Interiund Transfers eso,a+o 600,000 Total Arterial Street Fund Expenditures - 650,000 600,000 Arterial Street Estlmated Fund Balanco 3 821,714 5 (28,2E2) s - . ~ 712Y2008 3:27 PA9 S 2068 2008 2007 Amended Proposed Actuals B¢dget Budgei 103 - Trails 8 Paths BoginNng Fund Balance 24.562 33,745 35,000 Trails 8 Paths Revenues Motor Fuel (Gas) Tax - Street Transfer e,147 5,000 8.000 Invesiment Interest 1.036 Totel Trails & Paths Revenuas s 33,745 s 3e,745 s 43,000 Trails 8 Paths Expenditures CapitalOutlay 30.000 43.000 Total Trails & Paths Expendltures 30,000 43,000 Trails & Paths Estimatad Fund Balance S 33,745 3 8.745 $ -s 2008 2009 2007 Amended Proposed Actuats BudgC2 BudgM 105 - HoteUPAotel Beginning Fund Balance 388,235 391,093 80,000 HotellMotci Revenues MotcUMatel Tax 461,578 400,000 500.000 Investmentlntetest 24.786 8,000 20.000 Total HotellMotel Revonuas $ 974,599 $ 739,093 S 600,000 HotoUMotcl Expenditures Interfund Transfers - 90,000 90,000 Tourism PromotEon 483,506 578,000 510,000 Totai HotellMotel Expenditures 4e3,505 66e,000 e00,000 Hotellfl9otel EStimated Fund Balance 5 391,093 5 131,093 S - 2 712J2008 3:27 PI.1 2D08 2009 2007 Amcnded Proposed Actuats Budget Bud eg t 120 - CenterPlace Operating Reserve Beg Fund Balance 321.2e7 33$,56t's 330,000 CenterPlace Operating Reserve Revenues Investment (nterest W,26e 10.000 10,040 In4erfund Transfer Total CenterPlace Opcrating Reserve Revenues 6 33e,568 5 348,568 $ 340,000 CenterPlace Operating Reserve Expsnditures Reserve for CenterPlace Operatians - 335,000 340,000 Total CenterPlace Opcrating Reserve Expenditures - 335,000 340.000 - CenterPlace Operating Reserve Estimated Fund Balance $ 336,560 5 13,566 $ ~ • 3 71212008 3:27 PdA 2008 2009 2007 Amondod Proposed Aefuala Budgct Budgot 121 - Servicc Level Stabilization Reserve Beg Fund Balance 4.e20,022 5,242,e00 5,300.000 Service Lovel Stabilization Reserve Revenues Investment Interest 261,878 200,000 100,000 Intertund Transfer 361,000 Total Service Level Stabilization Reserve Revonues $ 5,242,900 $ 6.442.e00 $ 5,400,000 Servico Level Stabilization Reserve Expenditures Reserve for Service Level Stabilization 5,400,000 5,400.000 Total Service Levol Stabilization Resorve Expenditures - 5,400.000 5,400,000 Service Level Stabilization Reserve Est. Fund Balance s 5,242,e00 s 42,900 S - 2008 2009 2007 Amendod Proposod Actuals Budget Budpet 122 - Winter Weather Reserve Beg Fund Balance 332,7e3 561.429 - Wintcr Weather Reservo Revenues Investment Inierest 28.636 20,000 - InterfundTransfer - 500,000 ~ Tatal Wlnter Weathcr Reserve Revenuos $ 551,42e S 561,429 S 500,000 Wintor Weather Resorve Expenditures Reserve for VVinter Wea4her 560,000 500,000 Total UVinter Weathcr Reserve ExRendituras - 560.000 500,000 Winter 11Veather Reserve Estimated Fund Balance $ 551,42e $ 21,429 5 ~ r 702008 3:27 Fh1 4 28D8 2009 ~ 2007 Amended Proposed Actuels Bud9ot Budnet 123 - City Facilities Repair 8 Reptacsment Beg Fund Balance - - 360,000 City Facflities Repair & Replacement Revenues Investment Interest • - 10,000 Interfund Transfer 397,000 397,000 Total City Facilities Repair & Rsplacement Revenucs S - 5 3e7,000 $ 767,000 City Facilities Repair 8 Replacoment Expenditures CapttalOutlay 397,000 787,000 Total City Facilittes Repafr 8 Replacement Expendltures - 397,ooa 7e7,000 City Facilities Repair 8 Replacement Estimated Fund Bal; $ • $ - $ - s ~ 2008 2009 2007 Amended Propa.cd Actuals Budgct Budqet 204 - Debt Scrvice Bcginning Fund Balance • - • Debt Service Revenues - Facililies Distrid Payment aoa.sas 414.000 440,000 • Interfund Transfers 18E,490 1e6,000 210.000 Total Debt Service Revenues 3 sae,oss 5 600,000 5 650.000 Debt Service Expenditures Debt Senrice Payments 5c.e,035 600,000 650,000 Total Debt Service Expsnditures 596,055 600,000 650,000 Debt Service Estimated Fund Balance S $ - s - 7f1J2006 3:27 PM ~ zoos 2009 : 2007 Ameaded Proposed Aawals Budgot Budget 301 -Capital Projects Beginning Fund Balance 3,4e8,451 4,443,747 3,497,000 Capital Projects Revenues REE'I' 1- Taxes 1.300,956 1,000,000 880,000 Investment Interes! 213,537 120.000 120,000 Totai Capital Projotts Revenues 5 5,003,354 S 5,503.747 S 4,497,000 Capital ProJocts Expenditures Intergovernmental Services 392,e5.5 CapftalOutlay • - ' Interfund Transters 1e7,152 4,420,000 4,497,000 Total Capital Projects Ecpcnditures 559,607 4,420,000 4,497,000 Capital Projects Estimatod Fund Balance S 4,4~43.747 5 l,143,747 $ - zoos 2009 2007 Amended Proposod Acfiuals Bud9ot Budget 302 - Spec Capital Projects Beglnning Fund Balance 3,714,2e5 5,136,461 3.420,000 Spec Capital Projects Revenues REET 2- Taxes 1,288.716 1.000,000 880.000 Invesiment Interest 22ea05 120,000 120,000 Total Spec Capital Projects Rovonucs s 5.229,706 $ e,256,461 s 4.420.000 Spec Capital Projocts Expendltures CapitalOuUays • - - Interfund Transters 93.245 4,420.000 4,420,000 Total Spcc Capital Projects Expenditures 93,245 4.420.000 4,420,000 Spcc Capital Projscts Estimated Fund Balance $ 5,136,4e1 S 1,838,4e1 $ - 6 71712002 3:27 PM i . 2808 2009 2007 Amended Proposad Actuals Budget Budget 303 - Street Capitai Projects Beginning Fund Balance (17l.837) (425,e22) - Street Capital Projects Revenues Investment Interest 6,839 - - Developer Contribution 1e6.063 - - Contrtbutions - Granis 180,735 3,450,a23 5,810,099 InterfundTransier 392.455 3,904.000 7.223,901 Total Street Capital Projects Revenues 5 604,454 S 6,928,401 S 14,045,000 Street Capital Projects Expenditures - 16th Ave 3,248 10,000 Pines-Phansfield 468,913 4.091,193 1,795,000 Evergreen, 16th to 2nd ss,eao - Paveback parks Rd -step 2.e34 5.000 Paveback Veradale Meights - siep 99,672 - 24th Ave, SuIINan to 22nd 11.474 - Grandview Acres - step 80,1e0 50.000 Trentvrood - step 78,22e 20.000 Broadway - repava at Lowes 78~064 Mission Avenue - 6,000 Sprague AvenuelConkiin Rd S4gnai - 125,000 Sullivan Road Ectension - 5,000 Pavebac7c Vera Terrace • stsp 109,651 - - • ' Paveback Electric RR - step 32 . . 2008 STEP Projects - 1,100,000 1,500,000 ADA Sidevralk CampNance • 150,000 Oihef PfeSQNatiOn Projects - 1,291,630 1,293.000 Broadway Ave Safety Project Pines-Park - - e33,000 Appleway-University-Evergreen - - 937,000 WSDOT - Urban Ramp Projects • - 300,000 EvergrQenlSprague Intersettion PCC - - 1,133,000 PineslSprague Intersection PCC - - 742,000 Indiana/Sullivan Intersection PCC - - s,342,000 Sprague ResuAacinglUnivereiry - Everflreen - - 2,F56,000 f'ark Road - Project 2- Broadway - Intiiana - • 352,004 SuHivanlSprague PCC - - 851,000 Contirvgency 500.000 Total Strcet Capital Projects Expenditurc;s 11030.078 7,354,023 14,045.000 Stroct Capital Projects Estimated Fund Balance s (a25,6z2) s (a25,s22~ $ 7 712l2008 3:27 PA4 2008 2009 2007 Amondod Proposad Actual, Budgot Budgot 304 - Mirabeau Projects Beginning Fund Balance 414,347 367,864 360,00o Mirabeau Projects Revenues Danations ' Procceds from LT aebt ' " - Insurance Reooveries ' Other PAisoellaneous Revenue " Investmentlntefest 19,097 40,000 10,000 Total Mirabeau ProJacCs Revenues $ 433,444 s 407,864 $ 3-70,000 Mirabeau ProjecM Expendltures - CapitalOuUays 65,580 454,000 7ransEer to Fund 123 - Facilities Replacement - 370.000 Total Mirabeau Projects Expenditures - - 370,000 Mlrabeau ProJocts Estimated Fund Balance S 433,444 S 407,854 S 2008 2069 2007 Amended Proposed Aciuals Budgct Budget 306 - CDBG Fund Beginning Fund Balance - ' ' CDBG Fund Revenues - Grant Proceeds - 245,000 h4isoellaneous Revenue ' " - InleAund Transfer - - 300,000 Investment lntorest Total CDBG Fund Revenuss 5 - S 245,000 5 300,000 CDBG Fund Expenditures Services 8 Charges ' " ' Transfer 245,000 300,000 Total CDBG Fund F~cpenditures 245,000 300.000 CDBG Fund Estimated Fund Balance . ~ 9 712/2008 3:27 PM i. ► ~ 2008 2009 2807 Amendod Propoaed ' . Actuals Budget Budgot ~ 307 - Capital Grants Fund Baginning Fund Balance - - - CapiWl Grants Fund Revenues Grant Proceeds 3S,662 7,047,000 1,181,000 Interfund Trensfer 411.452 4,300.000 188,000 Total Gapital Grants Fund Revenues 5 451,114 $ 11: n7,ooo 5 1,369,040 Capital Grants Fund Expenditures Barker, Boone/River 76.820 - - Valley Carridor 71,261 100,000 Appteway, Tshirley to Ftodges S57,7tis 5,500,000 Broadway, Bafes to SulYivan 27.811 - Braadvray, P.9oore to Flora 430,000 60,000 Broadway, 190 to Park Rd 70,000 Argonne, Indiana to Montgomery 5e,881 - 44th Av2 P2th 8,140 30,006 328,000 SUfGv8f1, MISSIOn t0 I-90 49,292 Broadtivay, Fanchet Intersedlon 1.194 SpraguelAppletivaylDishman-(ITS)-1-90-toDishman - 100,000 373,000 Park Road - Bridging the Valley - 750,000 8tfn Ave Phase 1- Camahan to Havana - 335,000 Broadvray-Fancher Infersec6on PCC - 5e1,000 - Signal Controtler Upgrades - 50,000 • Appleway University to Evergreen - 205,000 Broadway Ave - Pines (SR-27) to Park • e33.000 Bowdishl5prague Iryterserlion PCC • e92,000 Broadway Ave, Rehab - Fancher - Theirman - - 608,000 Cantingency - 500,000 Total Capital Grants Fund ExpendfWres 451,114 11,347,000 1.369.000 Capital Grants Fund Estimated Fund Balance 3 - $ - $ - 712/2006 3_27 Ph1 9 ' 2008 2009 ~ , . 2007 Amonded Proposod Aetuals Budgat Budgot 308 - Barkor Bridge Fund Beginning Fund 8alanco - • - Barker Bridge Fund Rovenues Grant Proceeds 355,428 5,562,800 3,955,000 Intertund Transfer - 300,000 204,000 Investment Interest Total Barker Bridge Fund Revcnues S 355,428 $ 5.882,800 $ 4,159,000 Barker Br[dgo Fund Expenditures Bridge Reoonslrudion 355,428 5,8e2.e00 4,1 69,0oo Total Barker Bridge Fund Expenditures 355,428 5,E62.E00 4,159,000 Barker Bridge Fund Estimated Fund Balanco $ - 5 - s - 20D8 2069 2007 Amonded Propasad Actuals Budget eudqot 309 - Parks Capital Projects Fund Beylnning Fund Balance 9,346,886 1,343,795 750,000 ~ Parks Capital Projects Fund Revenues - Parks Grant S 249.300 800,000 G4ntribu9ion from Spokane County s 146,941 - 400,000 Interfund Trensfers 410.000 420,000 - Investmeni Interest 5e,614 40,000 - Total Parks Gaqital Projects Fund Revenues $ 2.207,721 $ 2.603,795 $ 1,150,000 Parks Capital Projects Fund Expenditures Land 581,219 563,500 • • - Deck Rcnava4ions e5,735 P861S 149,422 1,E66,475 555,000 Senior Center 21,585 - - OthOr 25,955 - 45,000 Universal Park • 1,000.000 200.000 Terrace View Park - 293,000 Valley Mission Park - 225,000 Greenacres Neighborhaod Park - 57,000 200,000 Park Improvements 60,000 Playground Repairs - 25,000 Centennial Trail - Waler System - 10,000 Architectural Fees - 21,489 Ughting • 12.000 Park Impravement ConEingency - 126,53e Valley PAission - - 150.000 Total Parks Capital Projects Fund Expenditures 863.925 4,260,000 1,150.000 Parks CapFtal Projects Fund EsHmated Fund Balance $ 1,343,795 s(~ s 7=008 3:27 PM 10 2008 2009 2007 Amondod Propoaod ; Actuals Budget Budget 310 - Civic Facilifies Capital Projects Fund Beginning Balance 2,642.64e 5.7e2,478 6,e04,000 Civie Buildings Gapital Projects Fund Revsnues - - Interfund Transfers 3,779,000 Investment Intere:st 234,906 30,000 Total Civic Buildings Capital Projects Fund Revenues 5 s,sss,ess 5 5,812,470 S 5,800,000 Civic Buildings Capital ProJects Fund Expenditures Precind Bidg 673,477 5,0e5,000 5,800,000 Total Civic Buildings Capital Projects Fund Expenditures 873,477 5,085.000 5,800,000 Civic Buildings Cap(taI Projects Est[mated Fund Balance 5 5,782,47e 5 727,478 5 2007 2008 2009 Amcndcd Proposod Proposed Bud9et Budget Budgot 402 - Stormwater Fund Beginning Balance 1,728,641 2,151,361 1,800,000 Stormwater Fund Rovenues Dept Ecology $ 1.9e0 , County Reimbursement $ 25,000 ' Stormvwater Management Fees 1,657,924 1,e00,aan 1,604,000 Inveslment Interest P0,703 60,000 40,000 Total Stormwator Fund Revenues S 3,494,248 S 3,811,381 b 3,440,000 Stormwater Fund Expenditures Salarie5 8 Wages 199,840 347,078 360,317 Supp1185 11,950 24,380 25,980 Services 8 Charges 702,ee1 080,962 1,0e0,259 Intergovern mental Payments 69,675 44.000 46,640 CapitalOutlays 354,188 370,825 393,075 NPDES Phase II 4;553 • - Interfund Transfers 21e,699 216,e00 Total Stormwater Fund Expenditures 1,342,e87 1,983,944 2,083,671 Stom►water Estimated Fund Balance b 2,151.381$ 1,e27.417 $ 1,356.529 ` 71212008 3:27 PM ~ ~ \ 2008 2009 2007 Amcnded Proposed Actiwta Budgot Budgot 501 - ER&R Fund Beginning Balance 597,368 600.000 700.000 ER&R Fund Revenues Interfund Transfers • 50,247 20,000 Investmentlnterest 2,612 29,7rk3 60,000 Total ER&R Fund Revenues 5 600.000 s 680.000 S 760.000 ER&R Fund Expendltures Supplies - - - Sorvioos & Charoes - - - Deprecialion Expense - - - CapflalOutlay 7e0,000 7e0.000 Total ER&R Fund Expenditures - 784,000 7e0,000 ER&R Estimated Fund Balance S 600,000 s (100,000) s • 2006 2009 2047 Amended Proposed Qetuals Budget Budget 502 - Risk Management Fund Beginning Balance 18,945 15,434 30,000 Risk Managoment Fund Rcvcnues Investment Interest E10 - - Interfund i'rans(er 176,903 202,100 2ao,000 Total Rlsk Management Fund Rovenues 5 196.659 $ 217.534 $ 230,00 Risk Management Fund Expenditures Services 8 Charges 181.225 217,104 230,aoo Total Risk Management Fund Expcnditures 1e1.225 217,100 230,000 Risk Management Est(mated Fund Balance $ 15,434 5 434 5 - 'unauditcxf i 71212O06 3:27 P1d 12 EI.~~t.~:__ f ,;~,c.~ .4► 1<-~! , l- ~ EMBREE GROUP LONSTRUCTION Juae 6, 2008 City of Spo]mne Va11ey Community Dcvelopmw Departneui - Pcimit Ccnter 11703 East Spagua Avauue, Suile B-3 5polcanc Valley, WA 99206 RE: Safelite AuWGlass - RBCkmB ! HiBh-Piled StoTaBe Yumit Apgliration - PLUS Froj ect #08002173 16311 East Euclid Avanue, Buildin8 5-23, Suite D Spoknne Valley, WA 99216 To Whom It May Cancern: we roceacly processed the above ref'cewed proJoct for a racjdng / higb-pilod scora.ge pemut with the Ciry of SpoYa= Vallcy fvr a very importsat climt of otas. We h+rd the plaaacae to woric witb Nlck Bekky, UouB Pownll. and Tracy Hmey oa this procxss. I wanld lke to tah this opportunity W pcrionally thsnlc them far their assistance. We fatmd them to be very 3mowledgr,able of the spplicxble codes, very respaflsiv+e to our questioas, accammodatin$ wward our timeline an this prtaject, and sn el! erouad pleasure ta work with. ~ Wc desi.ga end pamit numeroua prajeats all over the country sad it ia rcfreahing m work with a crty that is pmactiva and hzlpRil towa:d you end yGur clients needs. You ere to ba commmdzd oa such a wanderfiil staff of emploYees. 'OVe hope that you will recogmze Nick, Uoug, and Tracy far thea outstanding efforts ead lmow that thay are apuoud represenmtion for the City of Spakane Vallcy. Wc look forward to fumvo appomiuities tu werk wiih the City of Spoknxno Valley. Sinoerely. raz~ , D gn 4747'~~ams Drive Georgetown, Tetas 78628 ph 512. 8194746 fax 512.869.3442 From: Lon Stiner [mait0o:lons@johndonaldson.us] Sent: Wednesday, ]une 18, 2008 8:38 AM To: Mike Turbak Cc: Gaig Kouri Subjett: RE: L& W SUPPLY Mike, I was extrertmly fmpressed by your help securing a underground plumbing inspection tar today. That►k you, the timing was impeocable. t have Dana from our company picking up the permit shortly. t wanted to let you know Mat 1 was atao encouraged by your commltment to help ease iuture construction problems tfiat may arise. Thanks, Lon ---0riginat Message--- From: Mike Turbak [maltto:MTurbak@spotmnevalkey.org] Sent: Monday, )une 16, 2008 4:40 PM To: {ons@johndonaldson.tts CG Crafg Kouri Subiect: RE: L& W SUPPIY I have a sign-off and approved plan(s) from Planning. We're looking forvvard to seeing Adam as soon as possible, Mike Turbak Senior Pertnlt Speciaiisi City of Spokane Valley Permit Center 11703 E_ Sprague Avenue, Suite &3 Spokane Vafley. WA 99206 mtu rbak@-spoka neva I {ey.4rg 509.688.0035 (Direct) 509.688.0037( Fax) 6±1 9,n()08 0000 Public Works Department 0~~,~n~ Capita! Improvement Program Scm~ p ►L~ll ~ 11707 E Sprague Ave Suite 106 ♦ Spokane Valley WA 99206 Valley~ 509.921.1000 ♦ Fax: 509.921.1008 ♦ dtyhall@spokanevalley.org Informational Memo To: David Mercler, Mike Jackson, City Council From: Steve M. Wor1ey, Senior Capital ProJects Engineer Neil Kersten, Public Works Dlrector Date: July 1, 2008 Re: WSDOT Agreements - Urban Ramps PavinglSafety 8 I-90 PCCP Rehabilitation - Viaduct to Sprague Avenue Thc Washington State Department af Transportation (WSDOT) approached the City Earlier this year regarding a project they have planned for construction next year. The project involves repaving the 1-90 on- and off-ramps. During review of lheir project limits, WSDOT staff noticed additional rutted pavement beyond their right-of-way and "ithin Spolcane Valley right-of-way. ~ Thus they asked if we wAnted to participate Nvith them on thcir project and extend the paving limits to include these areas Mthin our rights-of-way. There are three areas associated Nvith the `VSDOT project as described below and shown on the attached maps: • 4th Ave. behween Havana & the EB Custer St. on rfunp . • l3roadway Ave. on the south side of 1-90 o Argonne &Mullan, north & south of I-90 Public Works staff recommends including these three areas with WSDOT's Luban ramp project and thus included this adciitional work i_n our re•cently adopted TII' as the WNDOT Urban Ramp Projects -13roa&vay, Argonne, Freya I/G In order to have our areas included with VVSDOT's project, tvvo Local Agency Farticipating Agreements are required. Thcse Agreements outline the conditions of reimbursement from the City to WSDOT for our portion of the project. The first agreement is for reimbursement of Prcliminary Engineering costs and the second is for reimbursement of Construction costs. I have reviewed these agreements and recommend authorization be given to the City Manager to execute them. I'lease let me know if you have any questions. , C:1Uocumrnts and SeitingldamoldlLocsil SettineslTempora:ry Intesnert Files101.K20WSDOT Urban Rnmp Projeetc - Mano to CounciLdoc Adlbk Washington State Eastem Roglon MAW Department of Transportation 2714 N. PAayfab Sireet ~ PalQa J. Hammond, P.E. Spoknne, wA 99207-2050 Secrelary of'I"ransportatiori 609-324.6000 Fex 509-324-6005 'I"TY: 1-800-833-6380 June 9, 2008 MaIMsdol.m.gav • Q~ ~ Steve Worley Public Works, Scnior Engineer City of Spokane Valley ' 11707 E. Speague Ave., Suite 106 gY Spokane,lVA 99206 RE: SR 90 iJrban RAmps & Mainline PCCP Reimbursement for Consriltction Bid Itenis . i"ar PAViiig Safety Agreeiuent No. GCA 5$15 Dear Steve: ~ Rlease find enclosed two originals of Agreement NO, GCA 5815. Pleasc sign both copies aiid return tliem to the ER Utflities Office, Do not f It in the date on the first page of the agreement. Tliis will be filled in with dic date that the agreement is eaecutetl by the Eastern Region Adiliinister. We will retttrn one of tlie.oi•iginal copies back to ynu following execution of the RgreEnient. Please call Dariyl Ratcliff'ai (509) 324-6122 if yau have zuy qiaestions. Sii de •ely, faJ~~ Dariyl atcliff . Eastern Region Agreements Engineer llRR: drr Enclosures cc: D. McKei•nan ~ f le ~ Washington StatE v7AW Department of Transportation organiz3tian nndltcJdress ~ Local Agency City of Spokane Valley - Street Department ~Participating 11707 E. Sprague Ave. Agreement Spokane VHlley, WA 99206 Work by State - Actual Cost Ser•.lionlLocaUon Agreement kPttmber Urban Ramps & Mainline PCCP Rchabilitation Viaduct to Sprague GCA 5815 - Ststo Route NumEcc Cantrol Section Number OescripGon af +hlork 90 320101 ~averiient rehabilitfltion by gi'inding and inlaying with 14MA, Region itplacing trtffic tleteetion loaps, pavement markinbs 1nd Easteim Region guarclrail/barrier upg'ades at the locptions shown on the attached Advance Paymcni lunount Vicirtity A9ap. 45,000 ThIIS l1GREEA4ENT, made and entered into ihis iiay oF belwaen the STA7E OF WASHINGTOy, Department of Transporiation, acting by ancl through the Secretary of Transportatian, (hereinafter the °STATE") and the above named org2niz2lion, (hereiriafter Itie °LOCAL AGENCY"). WHgREAS, the STA7E is planning ttie construclion or Improvement of a secVion of the state route as shawm above, and in cannectEon (herE►vifh, the LOCAL AGENCY has roqueste6lhat the STATE perform certain wrork as herein describECi, andlor is rosponsiule for a porlion af the v.rork as providsd far under WAC 468-18 040(5Xd), and WMEREAS, it ls deemecf to be fn the best Interest for lhc STATE to inGude the necessary items of work in the STATE's constructlon contract proposQd for the improvemEnl o{ ihis sectEon of State 1•lighvvay, and 4VHEREAS, the LOCA►_ AGEhCY is obligated for the cost of work described tlerein. NOW THEREFORE, by viriue of RCW 47.28.140 4nd in consideration of the leims, conditions, covenants, and psrformances conta+ned herein, or attached and inoorporatod and made a pari Ftieraof, IT IS MUTU11! LY AGREED AS FOI.LOWS: . I Tlie LOCAL AGENCY agreas, upon salisfaciory complstion oi the GENERAL work involved, lo deliver a lelter of acceptance lo the STATE . ti•fiich shall include a release and waiver af all future claims or The STATE, as agent acUna (or and on behalf o( the LOCAL demands ol any nawre resulling from the periorm9nce af the AGEfdCY, aarees io perform th'e above "Oescription af ~Vark". vmrk under Ihis AGREENIEhlT. F'lans, specifications 9nd cost esOmates shall be propared by the I( a leller of accoplance is not recoived by th~ STATE within STA7E in accordance vrith Ihe current State nf VJashington 90 days following comNteiion of the :~~ork, Ihe work vrip be Standard Specifications for Road, Srldge, and M1mEcipal cAnsidsred arcepl4d by the LOC.AL AGENCY 3nd shall - Conslructian, and amersdments thereto, and adopted deslgn refease the STATE from all fuiure claims and ciemands of any standaMs, unless othen-rlse noted. The STATE will incorparate ha4ure resulling irom the performencc oi Uie vrork unclar lhfs the pdans and speclflcalians Into the STA7E's project anrJ AGREEVu1ENT. • lhereaftei Edveriise the resulling project for biff and, assurning bids are received and a cantract Is awarded, administer the The LOCAL AGEPICY may <<rithhold thls acceplance of vrorfc by crontract. submitting wrillen notification to lhe STA7E wnlhin the 90-day psriod. This noGflcalion sha!{ Include the reasons for vrithhcslding The LOCAL AGEVCY hereby approves the plans and the acceptance. specifications for the desciibed work as shown on Exhlbii "B", ailached hereto and by this referencs made a pari af thls II AGREEMENT. PAYMENT The LOCAL AGENCY may, if it ctesires, fumish an Enspector on The LOCAL AGEyCY, in conslderalion af the (althful performancs . the proleci. Any costs for such inspsclion vrill be borne soleiy by of the wark to be done by the STATE, agrees to roimburse the the LOGAI AGENCY. AIl eontact belwreen "said inspector and lhe STATE for the actual direct and relatecf indirecl cost oi the wor'R. STATE's contraclor shall be through the STATE's represeritative. DOT Form 224-065 EF - Revised 2102 An ilemtzsd estimale of cost (or work to bo partormed by llze The LOCAL AGEN{:Y shafl have (ive (5) vrorking days from the 0 STATE at lhQ LOCA! AGENCY's expense is marked Exhibit •A", date o( wrillan notlfication to inform the STATE ta delete the work. and is atiached hereto and tsy this reterence macle a part of th9s Shauld the LOCAL AGENCY exercise its option to delete the AGREEMENT. wark, thc LOCAL AGENCY agross, upon biUing by the S7ATE, to reimburse Ihe STATE for prellmin2ry• engineerfng cosls inCUrred ParUal payments shal] be made by the IOCAL- AGENCY, upon by the STATE lo inctude the wark covered by thfs AGREEMENT requast of the Sl'ATE, to caver costs incUrred. These payments in lhe S'I'ATE's contract. are not to be more frequenl lhan one (t) per month. it i, agreed that any such partial payment tivill nol consi(tute agreernent as to IV the apgroptiateness of arn/ item and that, at the time of the final EXTRA WORK auclll, all requirecf adjuslments wili be made and reflected In a final paymenL M Iho evEnt untarosEen conditlons raquire an increaso in Ihe cost of 25 percent or more from lhat agreed to on Exh9btt "A", thls AGREEPAEtJ1' vrill be modified by a supplsrnont AGl2EEAAENT 7he LQCAL AGENCY a , Srees to make P'aymen4 for the work to covering sald increase. be done by lhe STATE with3n lhlrry (30) days (rom recelpt of billiny irorn lhe STATE. In the oveni it is determined that any changc from the clescripilon The LOCAL AGENCY agrees lhat ff payment far lt►e wark is nol oi vrork contained in this AGREEMENT is requfred, appraval musl made wilhin ninety (90) days after receipt of billing Iho S7ATE bs secured from the IOCAL AGENCY prior to the beginn3ng of may ari!hhald any iax monies which the LOCAL AGENCY is such v;ork. VJhere tfie change is substential, wrilfen approval enUlled to receive frnm the biolor Vehlcle fund until nayrnent for must be securod, the work is received by the STATE_ ReimLursemenl fo'r lncreaseil ~dork andJor a substantlal change The LOCAL AGENCY•agrses lo pay the STATE the "Advarice in the description of vrar"K shall be limited 1o casts covered tiy a pa rnent Amount" stated above vAthin 20 clays afler Ihe STATE WAtten moditu;ation, change order or extra v.orlc order approved submfts ils firsl partiel p2yment request lo the LOCAL AGENCY. by the LOCAL AGEtJCY. i'ho cqrJvance payment represenls approximalsly fifteen (15) v percent ot the astimate o( cast and covers costs incurred by the RIGHT OF ENTRY • STATE in llie Iniilal stages of the piojecl. The advance payment vrill be carrieci ihroughout the life of the projecl avilh finai The LOCA1. AGENCY hereby grants and comeys to the STATE adjuslmenl macle in the (inal paymont. the r9ght of entry upon all land whlch the LOCAL AGENCY has interesl, vdttiin or adjacent ta the right of way of the hEghway, fflr Ihs purpose of construcling and if necessary, maintaining said ~ III Improvements. DELETION OF WORK Upon aornpletion of Ihe %vork outfined hsrein, all fulure operatfon In the cvcnt the ostimate oi cost, EXHIBIT "A', is fn excess of and maintenance oi the LOCAL AGE'CY's (acililies shall be at $10,000 and the lolal 3clual bld prfces for lhe work oovered Uy the sole cosl of the LOCAL AGENCY and w+thout expense to the this AGREEMER'T oxceeds the estimate of casts by more lhan STA'i"E. 15 nerceni, the IOCA! kGENCY shall have the option of V~ direclinp the S7ATE to delele aU or a portioii ot the +^ror'~c covered by lhis AGREEh1ENT from the STATE's contract. Except, thal LEGAL RELATIONS thls provEsion shall be nutl and voic! If the LOCAL AGENCY's Na liability shall altach to Ihs S'rA'i'E or the LOCAL AGENCY by porilon af the work exceeds 20 percent af the actuel total contracl reasor~ nf entering inio lhis AGREEMENT except as expressly bid price, or i( the l.OCAI. kGENCY is responsble for the cosls provided herefn. under stale law or the VJashingtan Administrative Cade WAC 968-18-040(5)(d). IN WITNESS WHEREOF, Itie parUes hereio havo exocUfed Ihis IIGREEt,AEfd7 as of the day ancl year first ataove wrllten. LOCAL AGENCY STATE OF WASHINGTON DEPARTMENT OF TRANSPORTATION By By T(11e TiUe ~ Date _ Oate " 00T Farm 224-065 EF Reti•ised 2102 GCA 5815 EAhibit A VUSDOT Job No. 1CL2930 Urban Ramps PavinglSafety & 1-90 PCCP RehabiliYation - Viaduct to 5prague Ave. Engineer's Estirnafe for City of Spokane Valley UUork - std. - un(t unit No. Item Descnptlon Meas Pnce Quanti~ r Amount l .Pr.e 'araffonr,.l . _ ! ~r. ;t :i..~- . . . 0001 Mobilization L.S. 10°h of CUi1traCt $ J $21,053 0170 Removin Guardrail L.F. $3.00 100.00 S300 0145 Rernnvin Cflnc. Flarrier L:F. $15.00 7.00 $1I05 0182 Removinq Guardrail Mchor Each ~200 00 2.00 $400 7~~ ~ ...ri. ?c ,Ye. I. . 5334 Arili-Stri pin Addiiive EsL $1,571.00 $1,571 5340 As halt for Foc Seal Tan $500.00 0.33 $165 ~ ,Not Mix Asphait,:,~. 5791. Planinc Bitummous Paveme+it S.Y. $1.50 ' 15 325.00 $22,988 5767 1-IMA CL. W IN. PG 70-28 Ton $55.00 1,571:00 $86,405 5830 Job Mix Com liance Price nd'uslmenR Cala 1,555.29 $1,555 5835 Corn action Price Acl'ustm°nt CaIc. 1,728.10 8-172a G518 Smoothness Com IiaRCe Ad uslmQnl Calc. 3,456.20 $3 456 ; , , m - ~i a _'t j •t 'r '4 ` ~ e.c'.: _ .TCe'~~~C.r': C'_.• t'..•t', _ :...•,;r'• :.,;,r;•' _ e- _ _>-...ot. x in.. :i e . .,t Cast-In-Place Cor►crele Barner Transitfon , L.F. . $200.00 50.00 $10,000 . 6760 Beam Guardrail Transition Sect+on Ty e E2ch $2,342.00 2,00 $4,684 6716 8eam Guardrail Flared 7erminal Each $1,800.00 2.00 $3,600 6807 Plast9c Line L.F. $2.00 7,625.00 $15,250 6818 Plastic Wide Line L.F. S3.00 475.00 $1,425 6857 Plastic Crossovall< Line S.F. IqG.00 192:00 $1.152 6E359 Plastic Slo Line L.F. $6.00 221.00 S1,326 6833 Pl2stic'fraFfic Arrow Ea. $130.00 16.00 $2,080 Trafiic Dotectitin Loo Ea. 51,000.00 38.00 $38,000 6971 Pro'eclTem arar 7raHic Control L.S. 10°io of Bicf Ilem S $15 140 $232,3a3 Safes Tax 8.0% S19;985 Engineering 15% $37;859 Contingencies h% $10,096 TOTAL a300,000 . Agreement No. GCA 5815 Exhibit B Work to be performed bv the STATE Grind and Inlay 0.15' of HMA pavement Replace Iraftic detection loops Remove guardrall Remove guardrall anchors Rsmove baRier Instalt guardrail transittons Install guardrall terminals lnstall barrier transftion Install palnted and plastic pavement markings as Ilsted on Exhlblt A Provide traffic control labor and equipment for all work Provide inspection arxl project oversight Provide material testing Page 1 of 4 \ E ~ Grn' CF ct.ry OF Ey e~bKh~~ Sf~~^Vw vh-L . .m-- . ~ . .r.. z t*=- i ~Sa' e • ^ ' - . i ~ J ~ f t s rT y a ~ i ' 2 cm 0t zwZ wommrt r as 7o :9490M MAIMP =0 h 2"w .:...rM. 110IM , a.s..ez ~nnl7W Sr2 Sr~ - :zi: 2D4 a~ ftep eYlw~ ~ ~ lrw~ WOr' fiC' `7 tN= ~ LN= ~ ~av~w~f Te►~,~b~l,~~;'en rra~rxs ; incluol~ t✓SDe~ 0 ~ ~ ~oSSio~t Wrrk 4. o..~....~_ ..c saes s-an.r r+ .r~r•~~Ra..~~.~~cv.~.~.~: ~ . ~ s ~ \ r p• n ~ SR 90 Edt 238 a..r" o'tlw M` 4~~ ~ d~q ~0 R 710R. Ia~we r~ r. ~•D~ t0/S/~'a ~11~~//d a0 ~lf. hn~s M OR R iM~iti tOI~ I It ow v mItL ~1 I b ? ~ w ~ C~ u~ r..r~. .n.«.Q.. .n....: e ~.~........~.~.~.,~..~r. ~ .r,y re n~va w.e.s r ae n fwt~. V~M~ ' , rr.ry s n sn+s s~ n svsiR A~l~ ~/M~4'i A'D6 r'~M r 7w a t'iff►!S 1 , . r• fi 1 ,e., - L ~ . , ~ ' • 4t ~o di - - ~ ; t . ~ - 11 'I sa~.}^ ` ~ 5.4 9~ - £xtt Z137 I J , res~ ~r+r tiJ + '~I me► O~r• /~0~~ ~ / ims ~e sru.L u ~quo~r~, ' i'+Vlt c u~ ~ ~ o0 JL a~ AdlbL WashingiAn State F-astarn Fiogipn ' VrAff [)Epartment of Transportatio» ~714 N. tAayfair Streel / F'aula J. Harl,imoiid, P.E. pokane, WA 99207-2050 Secretary of 7ransporiFit1011 509-324-6000 Fax 509-324•6005 'I~fY: I -l300• 833=638R JunE 9, 2008 tivwv+.wsdnl.vra.gov Steve Worley Public Works, Senior EngiiieeY• Ciiy of Spol:ane Valley 11707 E. Sprague.Ave., Suite 106 Spokxiie, WA 99206 RE: SR 90 Urban Ramps & Mainline PCCP Reinibursement for Freliminary Engineei•ing oFPaving Safety Agreemeiit No. GCA 5816 Deai• Steve: ~ Please find cnclosed ttvo originAls of Agreemeiit No. GCA 5816, I'lease sign both copies and returii them to the ER Utilities Office. Do not fill in the clate on the fiist page of the agi•eement. This,%Vill Ve filled in with thc date tllat the agreemcnt is executed by die Eastern Region Administer. We will i-etui•n one of the original copies back to yau following execiition of the agreement. Flease call Dariyl Itatcliff at (509) 324-6122 if you 11avc a.ny quEStions. Sincerely, ~ Daciyl Ratclif.f Eastern Region Agreements Engineer DrtR: drr - Enclosures cc: D. McKernan file ~ Adft L'Jashington State ~ Department of Transportation . Qrganizsl:dn and Acldress Local Ageney City of Spokane Valley - Sfreel Departmeilt ~ Preliminary Engineering 11707 E. Sprague Ave. Participating Agreement Spokanc Vauey, WA 99206 • Work by State - Actuai Cost Se6Uon/Loca6an llgreementNumber Urban Ramps & Tvlainline PCCP Rehabilitation Viaduct to Sprague GCA 5816 Altachments mada a part of this agroemeni State Rovia Number ConUal SeGion Number 90 320101 Exhibit "A° Esumate of Costs Regton Surery 6ond Exhibil °B" Descrip0on of Work Easiern No Exhibft "C" Plan ! Vic9niry Map Ai3vance Payment Amovnt 3,600 - THIS AGREEuENT, madr and ontered into lhi, day of ; betrvaen lhe Sl"A'I'E OF WASNINGTON, peFaRment ot Transportation, acting by and ihroug+i lh4 Secretary af Tran.sporta:ion, (hereinafter the "S7ATE") and the above named organization, (hQreinafier the °LOCAL ACENCY"). VJHEREAS, the LOCAL AGENCY has requesled Ihat the STATE perform certain work as described herein, andlor is re'sponsibte fot a pahian of the worL as pravid2d (or uncler WAC 468•18-044(5)(d), and • • WHEREAS, the LOCf1L AGENCY is obligatAd for the cost oi work described herein. • NOW THEREFORE, by virtue of f2CW 47.28.140 ancf in consfderatinn of the lerms, conditions, oovertanls, and porformances conlained herein, or attachecl and incorporstsd and made apart hereof, IT IS MUTUALIY AGREEO AS FOLLOINS: GENERAL PAYiti9ENT The S1"AT[, as sgent acting tor end on behalf of Iho LOCA! The LOGAL AGENGY, in consic}eraEion ot the faithful AGENCY, agress to perform the work as shrnvn in Exhib9t "B' perfgimance oi the work lo be done by the S7ATE, aflrees to Descripfion of VJork. reimburs2 the STATE far the aclual direct and rolated indirecl cost of Ihe v.oeA as sitowm in Exhibil "A" Esiimale ooCost. Plans, specificalions and cvst estfmates shall ba prepared by the STATE In eccordanco tivith the curre;nt State of Parl3al payments sh211 bs made by the LOClaI AGENCY, upon WasNrvqton Standard Specifications for Road, Bricigo, anci request of the STk'i'E, to cover cosls incurred. These paymenls PAunEtfp51 Conslruclion, and amendmenfs thsreto, and are ro4 tn be more (requent than ona (1) per montn. Il is agreed adopted design standatds, unless otherv•oise tioted. that any such parlial paymenl vrlll not csnSUtute agreemenl as to the appropriateneas of any item and that, al the Ume of the fin21 The LOCAI AGENCY aprees, upon satisfactory completion of the audif, a11 required acfjustments rrill bg mads and reflected in a work fnvolvei7, to deliver a letter oi acceptanr,e to the S7A1'E fn21 paymenl. N.h'sch shatl include a release antl waiver of all future ctalms or demands of any nature resuttlng (rom the performance of the The LOCAL AGENCY egrees to make paymeni for lha work to work undar ltils AGREEMENT. be donE by the STATE ~vithin thirly (30) days from rec:eipt of t~lling fram iho STATE. If a latter of acceptance is nat received by the STATE ~vithin JO days folldwinQ oompietion of the wor'ic, the work rvill be The LOC.AL AGENCY agrees lhat if payment for the 1wurk is considered accapted by the LOCAL AGENCY and shall nol made vrithin ninely (90) clays after receipt of hillfng the rclease the STA7E fram all futuTQ claims and demands of any STATE may withold any lax monies which the LOCAI AGENCY nature resuliing lrom Ihe performance of the work under Ihis Is entiUed to receive irom the Mlotor Vehicle Fund untEl payment AGREEb1ENT. for the wrork is i-ecefved by the STATE. If the LACAL AGENCY is not entflled to recehre Motor Vehicte Funds, a stirety bond in 1'he LOCAL AGEidCY may Wilhhold this accQptence of work by the amounl shosvn abovo wrillen by a surely company aulhorized submfitirog wrilten notification to 1he STA7E wi!hin the 90-day to da buslness in the state of Washfngton shall be furnishsd to perlocl. This notificalion shall include the reasons fot wlthhotding ~e STATE prior to execulian by the STATE of lhis agreemenl. _ Ths bond sliall remain in force untii writlen release by the STATE. the seceptance. ~ DOT Forrri7da-TOt EP IOPQO Payrneni not made within tfilrty (30) days afier receipt of billings In Ihe evenl '+t is determined thai any change'from the descriptiQn shall be constdered °Pasi Due" and bear interest at the rate of orte of work containecl in this AGREEI14EfdT is required, approval must l j percent per month or fractiQn lnereoi unUl paid pursuant to RCW be secured from the LOCAL AGE(+1CY prior to 4he beglnnlng o( ~ 43.17.240. ' such vrark. Where lhQ change is substantial, written approval , must ba securecl. 7ha I.OCAL AGEPdCY agrees to pay the STATE the'Advanco Payrnent Amount' stated ataove vrithin 20 days after the STATE Ropmbursemenl (or increassd work and/oi a substan(Fal change subrnfls (ts firsi partial pa,rment request to the LOGAL AGENCY, in thc descriplion af vrQrk shall be limited to costs covered by a vrhen applicable in a=rdanca vrith STATE Instruclionai Lelter I!. wrflten mcdification, change order or oxtra worft order approved 4017A0. by the LOCAL AGENCY. The adv2nce paymanl represents approx9mately fiitoen (15) fV Rercent of the eslunate of cosl arnl covers cflsts IRCUrred by lhe RIGHT OF EN7RY STATE In the inttial stages ot the proJect. The advance payment will be carried thraughaut the fiio of the project wilh final The LOCAL AGENCY hereby grants and canveys to Uie STA'fE adjustment made in the flnal payment. the right nf eniry upon all land whicn the LOCAL AGENCY has interest, vAihin or adJacent to the right of way o( the hfghway, tor the purposQ QI peAorming the preiiminary engineering undar EXTRAWORK thls AGREEP.tENT. In the evenl un(oreseen cenditior►s require an increase in the cosl V of 25 percent or mnre from that agreed to on Exhibit'A", this LEGAL RELATIONS AGREEPAENT vA0 be modfiied by a supplemenl AGREEDdENT • covering said increase_ No liabiiily shall attach to pte STATE or the LOCAI. AGENCY by reason of entering into this AGREEMENT excepl as expressty provided herein. IiJ bVITNESS WHEREOF, the partias herelo have executed Iiiis AGREEtviEN1' as of the day and year first sbrnie v,rritten. ~ STATE OF WASMINGTON LOCAL AGENCY DEPARTh1ENT OF TRANSPORTATION gY By ° Title Title Date Date o~ DOT Fcrm 224-701 EF 1 MO'0 GCA 5816 E.l'hI{blt A Vi1SL?OT Job No. X1-2930 Urban Ramps Paving/Safety & I-90 PCCP Rehabilitation - Viaducf to Sprague Ave. Engineer's Esfiimate for City of Spokane !/alley !!'Vork std. unic unit No. (tem Descrlption Meas. Price Quantlty Amount - ~ t.. .~C<. ;•yH.. i ~ i- • r ; ...,r:•S,t(... Y z r.t ~P t. s .:.i:., tti ation. ,zx.,'`Mil: : .f~. pi:1"\r .t-. .1 ..~'..•rb_ i~~Ytr OUOi Mob[lization L.S. 10% of Contract $ 521,053 0170 Removin Guardrail L.F. $3.00 100.00 $300 0145 Removin C4nc. Barrier L.F. $15.00 7.00 $105 0182 Removin Guardrail Anchor Each $200.00 2.00 $400 lf~C~ 1''~'Ff'• c t~i. 3''' k' t , s*~', r., • .f. .'.x._f .'S'?~. 5334 ` Anti-Stri in Additive Est. $1,571.00 $1,571 5340 As halt for Fo Seal i'on $500.00 0.33 $165 ; . .P~i i. ~ i; ;:ti_'•i1•', . ;(:'ii : ~ L' i.~ ~ ',T..,. r . •:i~ttlly°Ci~ r ~ _ a ~.~..,:•F. 5711 Planin BiEuminoiis Pavemenl S.Y. $11.50 15 325.00 $22,988 5767 HMA CL. 112 IN. PG 70-28 Ton $55.00 1,571.00 $86405 5830 Job Mix Com liance PriceAd'uslment Calc. 1,555.29 S1,555 5835 Com action Price Ad ustment 'Ca1c. 1,728.10 '$1,728 6514 Sntootltiness Com liance Ad'ustmenf Calc. 3,456.20 S3,456 T~{ r ~ : c c.:v-i• ..N .y ._~,~e .lf..n, ,;I;~I~ri.i.-~ ;,I,' .l. ,f:.,i•~~ t~cSr •u.. ..}.r~•, ~.j• t-yii•~:.~, Cast-In-Place Concrele Barrier'I'ransilion L:F. $200.00 50.00 $10,000 6760 Beam Guardrail Transition Section T e Each $2,34200 2.00 $4,684 6716 Beam Guarc4rail Flared Terrninal Each $1,800.00 2.00 $3,600 6807 Plaslic Line L.F. S2.00 7,625.00 $15,250 6818 PlaslicVdideLine L.F. $3.04 475.00 S1,425 6857 Plastic Crosswalk Line S.F. $6.00 142.00 Si,152 0859 Piaslic Sto Lina L.F. $6.00 229.00 $1,326 6833 Plaslic Traffic Arrow Ea. -$130.00 16.00 $2,080 'I'raKic Detection Loo Ea. $1,0o 0.00 98.00 $38,000 6971 Pro'ect Tem orar Traffic Contrn! L.S. 10% of Bid Item $ $15,140 $232,3tt3 Sales 7ax 8.6% $19,985 Engineering 'f 5°!0 $37,859 Contirzgencies 4% $10,096 TO7AL $300,000 Histoiical PreliininAry Engineeriiig cosl hasbe;en 8% of Constrtiction tolal. Therefore, 24,Q00 Pi•eliiliinai' EI7. 117CE1'1I1g = $ . : Agreement No. GCA 5816 Exhibit B Work to be performed bv the STAT'E Roadway Design for the followfng, as shown on Exhibits A& C: Grtnd and Iniay 0.15' ot HMA pavement Replace traffic detection bops Remove gLIardrall Remove auardrail anchors Remove barrier Install guardrai) transitions lnstall guardraif terminais Install barrier transltion Install painted and plastlc pavement markings as listed on Exhibft A Provide traffic control labor and equipment for all work Provide (nspsctlon and proJect oversight Provlde materfal testing Page 1 of 1 \ ~ - -3 c►;'Y a~ tlTy oF e~i4r►t6 S~ti~"c' ~'Iti`':.EY s a~ra AtAft r INLIM. 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