Loading...
2014, 03-11 Regular Format MINUTES City of Spokane Valley City Council Regular Meeting Formal Meeting Format Tuesday,March 11,2014 Mayor Grafos called the meeting to order at 6:00 p.m. Attendance: City Staff: Dean Grafos,Mayor Mike Jackson, City Manager Arne Woodard,Deputy Mayor Cary Driskell, City Attorney Bill Bates, Councilmember John Holunan, Community Dev Director Chuck Hafner, Councilmember Eric Guth,Public Works Director Rod Higgins, Councilmember Mark Calhoun,Finance Director Ed Pace, Councilmember Erik Lamb,Deputy City Attorney Ben Wick, Councilmember Mike Stone, Parks&Recreation Director Rick VanLeuven,Police Chief Scott Kuhta,Planning Manager Mike Basinger, Senior Planner Morgan Koudelka, Sr.Administrative Analyst Gloria Martz,Development Engineer Chris Bainbridge,City Clerk INVOCATION: Pastor Manuel Denning of Fountain Ministries Church gave the invocation. PLEDGE OF ALLEGIANCE: A boy scout from Troop 418 led the Pledge of Allegiance. ROLL CALL: City Clerk Bainbridge called the roll; all Councilmembers were present. APPROVAL OF AGENDA: It was moved by Deputy Mayor Woodard, seconded and unanimously agreed to approve the agenda. INTRODUCTION OF SPECIAL GUESTS AND PRESENTATIONS: n/a COMMITTEE,BOARD,LIAISON SUMMARY REPORTS: Councilmember Hafner: reported that there was an administrative appeal hearing held before the Health Board; said he attended a Boy Scout program on the 28th; went to the quarterly Council of Governments meeting; attended the STA (Spokane Transit Authority) meeting where they renewed Title 64, which is the Anti-discrimination Act which must be renewed annually, said STA reached their third highest ridership in their history, that Liberty Lake and Spokane Valley routes had strong growth for 2013, and they are discussing where they might be twenty years in the future. Councilmember Pace: reported that he too attended the Health Board meeting; the Council of Governments meeting at the Fairgrounds, and the STA Planning and Development Committee meeting where they discussed some possible expansions. Councilmember Higgins: had no report. Councilmember Bates: aid he attended the Emergency 9-1-1 Board meeting, which was his first official meeting with that committee, and he mentioned some of the history behind the 1/10 of 1% tax which addresses communication issues among first responders; said he attended a solid waste meeting at CenterPlace; and the Boy Scout Leadership Event as mentioned by Councilmember Hafner; as well as the Council of Governments meeting. Councilmember Wick: said he would be attending this Thursday's SRTC (Spokane Regional Transportation Council) meeting and asked for feedback from Council concerning TIGER grants; said there is $600 million available in grants and applications are due by April 28, and he mentioned the idea of letters of support for those grants or what project we might be putting forward, such as the Barker Council Regular Meeting 03-11-2014 Page 1 of 5 Approved by Council:04-08-2014 • grade separation, which is on the current TIP (Transportation Improvement Plan). City Manager Jackson confirmed that project is a potential project for the grant, with the second potential grant project of the Pines Underpass grade separation. Councilmember Wick said he would see if he can get a letter of support, and Councilmembers appeared to be in agreement. Mayor Grafos took the opportunity to congratulate Councilmember Wick on his AWC (Association of Washington Cities) Certificate of Municipal Leadership,for successful completion of the program. Deputy Mayor Woodard: reported that he went to the Boy Scout Leadership program where he had the honor of representing the Mayor and the City, said he had a great time and they had a wonderful presentation about a special breed of dogs that can withstand extreme cold weather; said he went to the HCDAC (Housing and Community Development Advisory Committee) meeting where they held public hearings, and said all went well and there were no objections to the funding that was granted; and said he also attended several Chamber of Commerce meetings; as well as the numerous meetings during the last two weeks concerning solid waste. MAYOR'S REPORT:Proclamation: Celebrating Avista's 125`"Anniversrny Mayor Grafos read a proclamation "Celebrating Avista's 125th Anniversary" which proclamation was received with thanks from Avista Vice President Roger Woodworth. PUBLIC COMMENTS: Mayor Grafos invited public comment. Michael Croff, 1022 N Greenacres Road: said his property has been in his family since 1946; said he wanted to erect a"tire"wall or fence and that he called City staff to inquire about the regulations; said he was initially told it was permissible within limits;that after he hauled between 600 and 800 tires on to his property, the City's Code Enforcement officer said he had to move the tires; that apparently a neighbor had a concern and contacted the City about his tires at which time the Code Enforcement officer told him he had to stop construction; said he met with John Hohman, Doug Powell, Jenny Nickerson, Karen Kendall and Scott Kuhta; but that he now faces a $500 fine; and that he would be happy to listen to an explanation so he can correct the problem, but it could be expensive to haul all those tires off his property; adding that he never would have done it if he hadn't initially received permission, City Manager Jackson said staff would look into this situation as it sounds like a miscommunication. Alice Domrese and Margaret Asbell, SCOPE Volunteers: they mentioned the upcoming Community Safety Awareness event at University Elementary School scheduled for March 13, 6:30 to 8:00 p.m., and they invited everyone to come see what SCOPE does; they mentioned that the Valley Police Chief will be in attendance, as well as neighborhood Watch Persons; and that refreshments and door prizes will be available, Wendy McElroy, 11920 East Mansfield: expressed her desire that the City enact a law against a man dressed in a dress and wig from using a woman's restroom; she said this is a violation of privacy and that women are being forced to accept this; and that it puts women in an unwelcomed and potentially dangerous situation; and requested legal action to return the restrooms marked for women, back to the women. 1. CONSENT AGENDA: Consists of items considered routine which are approved as a group. Any member of Council may ask that an item be removed from the Consent Agenda to be considered separately. a, Approval of the following claim vouchers: VOUCHER LIST VOUCHER NUMBERS TOTAL AMOUNT 02-21-2014 31579-31618 $191,791.87 02-27-2014 5708-5709 $262,00 02-27-2014 31619-31669 $373,708.20 02-28-2014 31670-31694 $153,557.76 GRAND TOTAL 5719,319.83 Council Regular Meeting 03-11-2014 Page 2 of 5 Approved by Council:04-08-2014 b. Approval of Payroll for Pay Period Ending February 28,2014: 5423,465.41 c.Approval of Minutes of Council's February 18, 2014,Workshop Meeting d. Approval of Minutes of the February 24, 2014 Joint Council/County Special Meeting e. Approval of Minutes of Council's February 25, 2014 Regular Meeting f. Approval of Minutes of the February 27, 2014 Special Regional Solid Waste Meeting g.Approval of Minutes of the February 28,2014 Special Regional Council of Governments Meeting h.Approval of Minutes of the March 4,2014 Council Meeting Study Session Format It was moved by Deputy Mayor Woodard, seconded and unanimously agreed to approve the consent agenda. NEW BUSINESS: 2.First Reading Ordinance 14-003 Amending Permitted Use Matrix—John Hohman/Mike Basinger After City Clerk Bainbridge read the ordinance title, it was moved by Deputy Mayor Woodard and seconded, to advance Ordinance 14-003 amending Spokane Valley Municipal Code Chapter 19.120 and amending Appendix A Definitions, to a second reading. Mr. Basinger explained the proposed changes to the Use Matrix as well as to the definitions as per his previous presentations and as noted on his March 11, 2014 Request for Council Action form. He also explained that there are no changes to uses,that this is just condensing the matrix. Mayor Grafos invited public comment; no comments were offered. Vote by Acclamation:Inn Favor: Unanimous. Opposed:None. Motion carried. Mayor Grafos called for a recess at 7:22 p.m.;the meeting reconvened at 7:34 p.m. ADMINISTRATIVE REPORTS: 3. Pulse Point Citizen Responder—Chief Bryan Collins Chief Collins gave a presentation concerning"PulsePoint Citizen Responder" which is a new mobile app which connects to the local 9-1-1 system and alerts CPR-trained citizens to someone nearby having cardiac arrest; he said the app comes with a live map and directs those citizen rescuers not only to the victim, but also to the nearest publicly available defibrillator (an AED or automated external defibrillator). Chief Collins went over a little of the history of CPR(cardiopulmonary resuscitation); and explained that this system will improve the cardiac arrest survival rate, foster goodwill through unique and valuable community collaboration, and improve situational awareness through increased visibility. 4. Solid Waste—Mike Jackson City Manager Jackson said that we have been discussing this topic for the last five or six years, and in particular, discussed it in length at various meetings held last week including a joint meeting with our Council and the Board of County Commissioners where a draft interlocal agreement was distributed. Mr. Jackson said he wanted to go through that draft agreement with Council and discuss what's important for Council to see in that agreement and then he can relate that information to the County; he said there was discussion about public/private partnerships to examine if other potential partnerships could provide a full range of services at a potentially lower cost; and said the objective was to bring Council all options regarding solid waste. Mr. Jackson went over some of the background information and previous council action taken as noted on his March 11, 2014 Request for Council Action Form; and he mentioned our preferred option was at the time, to outright purchase the transfer station and then to go out for an RFP (request for proposal). We said we were striving very hard for a regional system in its truest form and were willing to make an investment and share in the risk, as opposed to a County-operated system with the County almost as a contractor and us selecting them as a service provider. Mr. Jackson also reminded Council of the October 3, 2013 decision to send Spokane County Commissioners a letter re-emphasizing our position to reconsider the specific options offered by us at the joint meeting. Via his PowerPoint presentation, Mr. Jackson mentioned that solid waste was included in the 2012, 2013 and 2104 Council Budget Goals demonstrating the importance of this topic as Council usually only selects five or six goals; he said it was really Spokane Valley that pressured having the HDR Consultant study completed and he stressed that the reduction wouldn't be to the City but to the citizen ratepayers. Council Regular Meeting 03-11-2014 Page 3 of 5 Approved by Council:04-08-2014 He explained the statutory three options of preparing and delivering to the County Auditor, our plan for our solid waste management for integration into the County plan; entering into an agreement with the County where the City would participate in preparing a joint city-county plan for solid waste management; or authorizing the County to prepare a plan for our Solid Waste Management for inclusion in the Comprehensive County Plan. He explained that the third option is what the County is proposing and we could go with the County if desired and stay with them, and if we did, our plan might be a little redundant; he said we are looking ahead and want to keep all three options open to go with Spokane County, or a public/private partnership, or have our own plan; and said we want to keep that option open until the latest possible date,which would be April or May. Mr. Jackson explained that we could go with the County for three years and then look at other transfer and disposal options; said we only just received the draft interlocal from Spokane County a few weeks ago, and that the County and the City of Spokane have just finalized their interlocal agreement. Mr. Jackson said he recommends pursuing our own solid waste plan; said we have been working with a consultant to develop a Scope of Work and table of contents and contract to put this together; that there is no time left to gather figures and we need to know what it would cost to move forward, because if it becomes apparent we should complete it, we will, or if we don't need to pursue it, we can stop work immediately. He said there is an enormous amount of language we can build into that plan as we make those decisions. Mr. Jackson said we do not want a motion tonight but prefer a discussion, and he asked if Council wants to advise him to pursue any direction other than doing our own solid waste plan. Mayor Grafos said he feels the only prudent course is to pursue our solid waste plan whether we use it or not; said we have no cost analysis of the County's system to our citizens and have no control over such system; adding that we always said that for any agreement we must be participating as a partner and not just as a customer, and we want the lowest possible cost. Councilmembers Pace, Higgins and Wick agreed. Deputy Mayor Woodard said the feels we have to pursue that option and start moving forward, and that he doesn't anticipate getting the numbers needed. Councilmember Hafner stated that he thinks it is common sense to pursue whatever plan we can come up with and if the County plan becomes acceptable to us under all these conditions and fits our community, then we have an obligation to look at that; said we want the best alternative for the best price. Mr. Jackson agreed; said time is short, and he is confident we will bring whatever options are comfortable to Council and will meet the November 2014 deadline, Councilmember Bates also agreed to pursue our own solid waste plan. Mr. Jackson said in order to give ourselves the most flexibility, we should start on our own plan now; that the most developed system would be a County-owned system, and said he doesn't know if we could develop an alternative and include that in the solid waste plan, but would do everything possible; he said if we can't develop an alternative, then Council could select Spokane County and our plan would be for naught; or we could sign on a short-term agreement with the County and do something different in three years; and said he would keep that option open as well. He noted that when we talk about options with the County,we should mention the idea of potentially having a public/private option, or we could have an option to negotiate with the County and negotiate under our terms, or if that didn't work, we could simply sign on and allow the County to operate the service without our control. Mayor Grafos said that the important thing is there are lots of moving parts and we should talk about some of the concerns. Mr. Jackson agreed; said when we signed the Memorandum of Understanding concerning the study, we did that jointly with Spokane County; but from the beginning our intent was to pursue options collectively or individually; he said lately there has been some sense that we are "pulling out of something" but said there is currently no system to pull out of rather there is a system we are studying to determine if we want to join; said the study was clone so that we could pursue options; said there has been no shift throughout the process and for us to pursue other options is natural and what we agreed to from the beginning; said that it has been alluded to that if we don't join a regional system the cost would be higher for Spokane County Citizens to use the existing transfer stations; the said that would be up to the operator of the transfer stations; he said there is no proposal that wouldn't include the full range of services, including household hazardous waste, clean green, etc., and said we understand what it means to provide Council Regular Meeting 03-11-2014 Page 4 of 5 Approved by Council:04-05-2014 full services. Deputy Mayor Woodard said some citizens told him they don't want us to take away their self-haul options,and Mr.Jackson concurred. City Manager Jackson said he wants to discuss the terms and conditions that the County provided to us through the interlocal, and said a copy of that has been distributed to Councilmembers at the dias tonight; said we realize the interlocal the County provided is a draft. Mr. Jackson explained that staff invested quite a bit of time on the public/private partnerships, and said it is his hope to have something to report within the next few weeks, but at this time, he has no specifics. Mr. Jackson said we are a contract city and we look for every opportunity to keep costs lower for our citizens and this effort is to save money on behalf of our ratepayers; he went over some possible discussion points as noted in the material he distributed to Council earlier, and said we will continue to explore options and discuss the interlocal with the County. 5.Advance Agenda—Mayor Grafos Deputy Mayor Woodard asked to have public works follow up on the citizen request about moving the left turn medians back in order to allow trucks to make safer and easier turns; and Mr. Jackson said staff is pursuing this. Councilmember Hafner asked about the remodeling of this building and Mr. Jackson said this should be coming to Council in a few more weeks as staff works with the figures, as well as examining costs for improvements at the police precinct; and said that staff is also working on figures for the Appleway Trail, and we might bring these items back together or separate. Councilmember Hafner also asked about the school beacons and Mr. Jackson said staff continues to apply for grants, that this topic could be brought back at a later date, and that we would also have to examine the budget. He mentioned that some school beacons are scheduled for this year. Mayor Grafos mentioned cancelling the April 29 study session and Councilmembers agreed, since there are five Tuesdays in April, and the study session on the 29th would be followed by a study session May 6. 6. SRTC(Spokane Regional Transportation Council)Call for Projects This agenda item was for information only and was not discussed or reported. CITY MANAGER COMMENTS City Manager Jackson said that the proposed code enforcement legislation is "dead" for this year as it didn't move out of committee, and that it faced the same opposition as last year with the bankers fighting any competing lien authority; and he said staff would continue to work on that topic. Councilmember Wick suggested working with AWC (Association of Washington Cities) to get it on their legislative session. Mr. Jackson remarked that the State continues the discussion of reducing liquor taxes by $6.7 million which would be an approximate $102,000 deficit to us; and said any proposal for sharing marijuana revenues has also been removed. Mr. Jackson said he received a memorandum from Finance Director Calhoun concerning our 6% telephone utility tax and that the revenues have decreased about 84% from 2009 revenues, which is due to more people eliminating their land lines and using just cell phones; therefore, he said our 2014 utility tax revenues will be about$200,000 short of estimates; and Mr. Jackson stressed the desire to at least get the traditional shared revenues that cities have received in the past. It was moved by Deputy Mayor Woodard, seconded and unanimously agreed to adjourn. The meeting adjourned at 8:53 p.m. A `mean Grafos, Mayo Christine Bainbridge, City Clerk Council Regular Meeting 03-11-2014 Page 5 of 5 Approved by Council:04-08-2014 GENERAL PU tILIC COMMENT 0 SIGN-IN SHEET SPOKANE VALLEY CITY COUNCIL MEETING March 11, 2014 GENERAL CITIZEN COMMENTS YOUR SPEAKING TIME WILL GENERALLY BE LIMITED TO THREE MINUTE: Please si•n in if you wish to make public comments. • NAME TOPIC OF CONCERN YOUR CITY OF RESIDENCE PLEASE PRINT YOU WILL SPEAK ++ ` o Y31 r- �.P ABOUT PM q. e-I 1 SC 'L iwOi -a.t is�- S .Po -► .'Ja.1, c} A.. t' '1 // -1 t Zi/ (C A4f. RS Please note that once information is entered on this form, it becomes a public record subject to public disclosure. GT �q �j T n T 4 S id.l�Eli L PU BLIC COM1�` E T SIGN-IN SHEET SPOKANE VALLEY CITY COUNCIL MEETING March 11, 2014 GEN EEf !" AL CITIZEN COMMENTS YOUR SPEAKING TIME WILL GENERALLY BE LIMITED TO THREE MINUTE: Please sign in if you wish to make public comments. NAME TOPIC OF CONCERN YOUR CITY OF RESIDENCE PLEASE PRINT YOU WILL SPEAK ABOUT V A A ‘A-9 C444 c, Please note that once information is entered on this form, it becomes a public record subject to public disclosure. City Clerk File No. . County Clerk File No. INTERLOCAL AGREEMENT BETWEEN THE CITY OF SPOKANE AND SPOKANE COUNTY REGARDING TRANSFER AND DISPOSAL OF SOLID WASTE THIS AGREEMENT is entered into between Spokene County, a politiCal subdivision of the State of Washington, having offices for the transaction of business at 1116 West Broadway Avenue, Spokane, Washington 99260, hereinafter referred to as "COUNTY," and the city of Spokane, a municipal corporation of the State of Washington, having offices for the transaction of business at 808 West Spokane Falls Boulevard, Spokane, Washington 99201, hereinafter referred to as "CITY", jointly hereinafter referred to as the "PARTIES.' WITNESSETH; WHEREAS, pursuant to the provisions of RCW 36.32.120(6), the Spokane County Board of County Commissioners has the care of County property and the management of County funds and business; and WHEREAS, chapter 39.34 RCW (Interlocal Cooperation Act), authorizes counties and cities to contract with each other to perform certain functions which each may legally perfonn; and WHEREAS, chapter 39.33 RCW authorizes the intergovernmental transfer of any property, real or personal, or property rights, including but not limited to the title to real property, subject to certain notice and hearing requirements; and WHEREAS, the CITY and the COUNTY formed the Spokane Regional Solid Waste Management System ("System") in 1989 through an Amended and Restated Interlocal Agreernent("1989 Agreement"); and WHEREo, Section 6.2 (b) Of the 1989 Agreement provides for a term of twenty five (25) years, or such longer term as the Series 1988 Bonds, or any Additional Bonds remain outstanding; and WHEREAS, Section 6.2 (d) of the 1989 Agreement provides that it shall be renewed automatically for successive twenty (20)-year terms unless the CITY and COUNTY agree not to renew it; and Page 1 of 24 WHEREAS, all bonds issued for the Spa!cane Regional Solid Waste Management System have been retired; and WHEREAS, the 1989 Agreement has been amended by the PARTIES to extend the initial term of agreeMent until November 16, 2014, at which time it will expire; and WHEREAS, Section 5.2 (e) of the 1989 Agreement provides that "(f)ollowing termination of this Agreement, the City shall own the System and all of its assets.."; and WHEREAS, Section 11 (qq) of the 1989 Agreement defines the terminology "System" to include two (2) transfer stations Commonly referred to as the North County Transfer Station and the Valley Transfer Station ("Trantfer Stations"); and WHEREAS! the PARTIES have been discussing long term planning associated with solid waste disposal; and WHEREAS, the PARTIES agree to not renew the 1989 Agreement and that this Agreement shall replace the 1989 Agreement, effective November 17, 2014; and WHEREAS, the COUNTY agrees to pay Nine Million Nine Hundred Thousand and 00/100 Dollars ($0,90,0Q0.00) to the CITY for the purchase of the Transfer Stations, including equipment listed in Exhibit "B", Of the total, $2,700;000.00 represents the value of the North County Transfer Station, and $7i200,000.00 represents the value of the Valley Transfer Station; and WHEREAS, the COUNTY agrees to deliver all solid waste received at the Transfer StationS to the Waste To Energy Facility for final disposal during the term of this Agreement. NOW, THEREFORE, for and in consideration of the mutual promises set forth hereinafter and the recitals referenced above, the PARTIES do mutually agree as follows: SECTION NO. 1: PURPOSE The purposes of this Agreement. re t : A. Formally terminate the 1989 Agreement as of November 16, 2014: Effective November 17, 2014, this Agreement will replace all terms and conditions Contained in the 1989 Agreement and B, Provide that the CITY will continue to operate the System in accordance with the terms and conditions of the 1989 Agreement including subsequent amendments as mutually agreed to by the PARTIES, through November 16, 2014; and Page 2 of 24 C. Provide that ownership of the Transfer Stations will transfer from the CITY to the COUNTY on November 17, 2014, including associated equipment and vehicles as agreed to hi Exhibit "B"; and D. Establish the terms and conditions between the CITY and the COUNTY for the transfer and disposal of all solid waste collected through the Transfer Stations, which is to be delivered to the CITY's Waste To Energy Facility; and E. Establish flow control requirements to be maintained by the COUNTY to enure the proper disposal of solid waste; and F. Establish the tern is and conditions for continued service to non-City of Spokane customers who are part of the County's Regional Solid Waste System and deliver solid waste and yard waste to the CITY's Waste To Energy Facility. SECTION NO. 2: DEFINITIONS As used in this Agreement, the following words, unless the context otherwise dictates, shall have the following meanings: A. CITY.-,means the City of Spokane, or any vendor contracted with by the CITY for services related to the management of solid waste. B. COUNTY - means Spokane County, or any vendor contracted with by the COUNTY for services related to the management of solid waste. C. County Disposal Rate - means the rate charged to the COUNTY pursuant to this Agreement for solid waste delivered by the COUNTY to the CITY Waste To Energy Facility from the Transfer Stations. The rate shall be inclusive of all costs, including applicable taxes. The CITY agrees not to exceed authority granted under state or local law, including taxing authority. D. County Regional Solid Waste System - includes (1) transfer and disposal of all solid waste collected at the Transfer Stations for all of unincorporated Spokane County as well as transfer and disposal of all solid waste collected at the Transfer Stations for incorporated municipalities in Spokane County who have executed an interlocal agreement with Spokane County to participate in the County Regional Solid Waste System, (2) ancillary services related to solid waste management as required under chapters 70. 95 and 70.05i ROW as well as litter control, and (3) all facilities associated with the performance of the activities addressed in (1) and (2) above. E. Dang4rous Wastes - means any discarded, useless, unwanted, or abandoned substances, including but not limited to certain pesticides, or any residues or containers of such substances which are disposed of in such quantity or concentration as to pose a substantial present Or potential hazard to human health, wildlife, or the environment because such wastes or constituents or combinations of such wastes: Page 3 of 24 a. Have short-lived, toxic properties that may cause death, injury, or illness or have tnutagenic, teratogenic, or carcinogenic properties; or b. Are corrosive, explosive, flammable, or may generate pressure through decomposition brother meane. F. Extremely Hazardous Waste—means any dangerous waste which; a. Will persist in a hazardous form for several years or more at a disposal Site and which in its perSistent form: 1. Presents .a significant environmental hazard and may be . , concentrated by living organisms through a food chain or may affect the genetic make-up of human beings or wildlife, and ii. Is highly toxic to human beings or wildlife. b. If disposed of at a disposal site in such quantifies as would present an extreme hazard to human beings or the environment. G. Flow Control Ordinance - means Ordinance No. 85-0398 of the COUNTY, adopted 011 May 14, 1985, as amended under Resolution No 88-1268 of the COUNTY adopted on December 20, 1988 and Resolution No 92-1600 of the COUNTY adopted on October 20, 1992 and as may be further amended from time to time. H. Gate Fee - means the amounts charged per ton of Solid Waste by the CITY or the COUNTY for the disposal of solid waste by customers at the Waste To Energy Facility and at the Transfer Stations. Customers include private self haulers and commercial haulers who bring solid :waste to the facilities. Provided, however, the gate fee charged by either the CITY or the COUNTY shall bp inclusive of all costs, including applicable taxes. I. Hazardous Waste - means and includes all dangerous and extremely hazardous waste, including substances composed of both radioactive and hazardOus compdnents. J. Moderate-Risk Waste– means a. any waste that exhibits any of the properties of hazardotis waste but is exempt from regulation under chapter 70.105 RCW solely because the waste is generated in quantities below the threshold for regulation; and b. any household wastes which are generated from the disposal of •substances identified •by the department as hazardous household •'substances. K. Nenprecessible Waste - means any Solid waste that the CITY deems to be unaabeptable at the Waste To Energy Facility. L. Solid Waste or Wastes - means all putrescible and nonputrescible solid and semisolid wastes including, but not limited to, garbage, rubbish, ashes, industrial wastes, swill, sewage sludge, demolition and construction Wastes, Page 4 of 24 abandoned vehicles or parts thereof, contaminated soils and contaminated dredged material, and recyclable materials, M. Transfer Stations —Means the solid waste facility known as the North County Transfer Station, located at 22123 North Elk-Chattaroy Road, Colbert, WA 99005, Spokane County Assessor Parcel No. 37036.9060, and the solid waste facility known as the Valley Transfer Station, located at 3941 North Sullivan Road, Spokane Valley, WA 99206, Spokane County Assessor Parcel No. 45024.9027 including all structures and site improvements. N. Waste To Energy Faollity or facility means that solid waste facility located at 2900 South Geiger Boulevard, Spokane, WA 99224, including the solid waste incinerator and the portion of the facility that serves the general public for disposal of household hazardous waste, recyclables, solid waste, yard debris; and other vvaste products. • SECTION NO. 3: DURATION This Agreement shall be effective at 12:00 A.M. on November 17, 2014 ("Commencement Date") and run through 11:59 P.M. on November 16, 2021, unless the COUNTY provides written notice of termination as provided for in Section No 4(M) of this Agreement. Under no circumstances shall this Agreement be terminated prior to the end of three (3) years or before November 16, 2017. Any notice of termination shall be provided in writing and not later than twelve (12) months prior to the effective date. Notwithstanding the above provisiOns, this Agreement may be extended in one (1) year increments for a period of five (5) years, or terms otherwise agreed upon, by mutual written agreement of the PARTIES. SECTION NO.-4: TERMS A. Termination of the Spokane Re lonal Solid Waste rteiit dement Svetern: The 1989 Agreement shall be mutually terminated by the CITY and COUNTY at 11:59 P.M. on November 16, 2014. On the Commencement Date of this Agreement, the Spokane Regional Solid Waste Management System as defined in the 1989 Agreement will be terminated and cease to exist. B. Transfer of Ownership of the Transfer Stations, Associated, Edisipnient, and Vehicles: Page 5 of 24 1. Transfer of Property. Subject to the provisions of this Agreement, the CITY agrees,to sell, transfer, and deliver to the COUNTY and the COUNTY agrees to purchase from the CITY the Transfer Stations, which are legally described in Exhibit "A", and all personal property (including vehicles) associated with the Transfer Stations (the "Personal Property"), as listed in Exhibit"B". 2. Purchase Price and Additional Consideration. The,Purchape Price for the Transfer Stations and Personal Property is NINE MILLION NINE HUNDRED THOUSAND and 00/100 DOLLARS ($9,900,000.00). The Purchase Price will be paid to the CITY in accordance with Section 4(C) herein below. As additional consideration, the COUNTY shall deliver to the CITY's Waste To Energy Facility all solid waste received by the Transfer Stations from November 17, 2014 through the term of this Agreement. 3, Title. At closing, as defined herein below, the CITY shall convey to the COUNTY fee simple title to the Transfer Stations by a duly executed and acknowledged statutory warranty deed (the "Deed"), subject to matters of record. 4. Closing Date. Closing will be held at the Office of the City Attorney on the Closing Date, which shall be November 17, 2014, no later than 3:30 p.M., Pacific Time. 5. Closing. a. CITY's Closing Documents. i. The duly executed and acknowledged Deed; ii. A duly executed and acknowledged Real Estate Excise Tax Affidavit; iii. A bill of sale to the Personal Property; and iv. Any other documents required by the provisions of this Agreement or required in order to consummate the transactions set forth in this Agreement. b. COUNTY's Closing Documents. I. A Deed of Trust to the Transfer Stations, or other similar instrument reasonably satisfactory to the CITY, granting the CITY a security interest in the Transfer Stations until such time as the COUNTY has fully satisfied its obligations to the CITY under this Agreement, including without limitation its obligation to pay the CITY the Purchase Price; II. A duly executed and acknowledged Real Estate Excise Tax Affidavit; and iii. Any other documents required by the provisions of this Agreement or required in order to consummate the transactions set forth in this Agreement. Page 6 of 24 6. Closing Costs. Taxes and assessments, if any, shall be prorated between the CITY and COUNTY as of the Closing Date. COUNTY shall pay all recording fees, sales and use taxes, to the extent applicable to this transaction, title insurance premiums, and similar closing costs. ' 7. Utilities. All gas, electric, and other utility charges will be prorated as of the Closing Date. 8, Representations and Warranties. The COUNTY hereby agrees and acknoWledgeS that, except as expressly provided in this Agreement: (a) The CITY has made no warranty or representation, express or implied, with respect to the condition of the Transfer Stations or the suitability of the same for any particular purpose, and neither has the CITY made any representations or warranties whatsoever with regards to any personal property, including without limitation vehicles, to be transferred to the COUNTY pursuant to this Agreement; and (b) The COUNTY is taking the Transfer Stations and all associated personal property on an "as-is" basis; and (c)The COUNTY will conduct its Own investigations and inspections of the Transfer Stations, including without limitation, the'physical condition of the Transfer Stations and the Transfer Stations' compliance with all laws applicable to the Transfer Stations' current or intended use or development; and (d) The COUNTY is relying solely on such reports and its own investigations as to the Transfer Stations, their condition, and any other characteristics and compliance with laws; and (e) 'Except for the express representations and warranties set forth in this Agreement, the COUNTY is taking ownership of the Transfer Stations without reliance upon any statements or representations, express or implied, made by the CITY or any of its representatives, as to the condition or characteristics of the Transfer Stations, their fitness for use for any particular purpose, the Transfer Stations' compliance with any zoning or other rules, regulations, laws or statutes applicable to the Transfer Stations, or the uses permitted 'on, or the development reqUirements for, or any other matters relating to the Transfer Stations, (f) The CITY, to include all its current staff, to the best of its knowledge has not used, generated, manufactured, produced, treated, stored, released, discharged or disposed of any Hazardous Substance on, under, or about the Transfer Stations in violation of any Environmental Law. Page 7 of 24 As used in the Agreement, the terminology Environmental Law means all federal, state or local laws, ordinances, rules and regulations now or hereafter in force, as amended from time to time, in any way relating to or regulation human health or:safety, or industrial hygiene or environmental conditions,.or protection of the environment, or pollution of contamination of the air, soil, surface water or groundwater,', and includes without limitation, the Comprehensive Environmental Response, Compensation and Liability Act of 1980, 42 U.S.C. Section 9601, et seq., ("CERCLA"); the Resource Conservation and Recovery Act of X1976,.42 U.S.C; Section 6901, et seq.; the Clean Water Act, 38 U.S.C. Section1251 et. seq., and the Hazardous Substance Account Act. As used in this Agreement the terminology"Hazardous Substance" means any substance'or material that is described as a toxic or hazardous substance'waste or material or a pollutant or contaminate, or 'words of similar; import, in any of the Environmental Laws, and includes without limitation asbestos, petroleum, (including crude oil. any faction thereof, natural,gas, natural gas liquids, liquefied natural gas, or synthetic gas usable for fuel, or any mixture thereof), petroleum products, `polychlorinated biphe nyls, urea formaldehyde, radon gas, radioactive matter, medical waste, and chemicals which may cause cancer or reproductive toxicity. The provisions of Section No. 8 shall apply to any breach of this warranty. (h)The CiTY shall operate and maintain all structures, equipment and vehicles to be transferred to COUNTY under the terms of this Agreement in good working order, and in strict accordance with the manufacturers' recommendations and maintenance schedules through November 16, 2014. In conjunction with the transfer of the Transfer Stations, the CITY will-provide the COUNTY With any and all operational manuals for any equipment therein as well as any warranties applicable to the equipment. C. Transfer .and . Disposal .of Solid Vtfaste..delivered to the.. Transfer Stations and Payment:of Purchase Price for.Transfer:Stations: 1: Delivery of Solid Waste..to City Waste To Energy Facility. As additional consideration for the CITY's sale and conveyance of the Transfer Stations to the COUNTY, the COUNTY shall deliver to the CI,TY's Waste To Energy Facility all solid waste received by the Transfer Stations from November 17, 2014'through the term of this Agreement. The COUNTY shell pay the County lisposal Rate-as provided for in Section 4(H):of this Agreement, 2, Payment of Purchase.Price, The COUNTY shall pay the Transfer Stations Purchase Price to the CITY In eighty-four (84) equal monthly installments.of ONE HUNDRED SEVENTEEN THOUSAND EIGHT HUNDRED FIFTY SEVEN and 14/100 DOLLARS ($117,857.14), in accordance with Section 4(1) below. Page 8Of24 ;• 3. Early Termination Buy Out: If this Agreement is terminated for any reason prior to November 16, 2021, the COUNTY shall pay the remaining balance of the Purchase Price to the CITY in a lump sum payment. Such payment shall be made by the COUNTY within twelve (12) months of the written notice of Early Termination, unless a different payment deadline is agreed to in writing by both the CITY and COUNTY. D. County The COUNTY shall maintain, and enforce Within its jurisdiction, its Flow Control Ordinance for the duration of this Agreement, so long as the Flow Control Ordinance is legally enforceable. During the term of this Agreement, subject to the exceptions currently in effect contained in its Flow Control Ordinance, the COONTY;designates the Waste To Energy Facility to be the sole final disposal site for solid waste at all times the Facility is in operation. The COUNTY shall not, directly or indirectly, site or permit to be sited any solid waste disposal site other than the Waste To Energy Facility; and shall enforce the Flow Control Ordinance continuously, provided, however, that this requirement shall not apply to hazardous waste, The designation of the Waste To Energy Facility as the sole final dispOsal site for solid waste shall be made by the COUNTY concurrently with the effective date of this Agreement, but in no event later than November 17, 2014. This clause shall not apply to any municipality within Spokane County that does not execute an interlocal agreement with the COUNTY to participate in the County Regional Solid Waste System . E. Other Jurisdictions Flow Control Recruiternentt: The COUNTY Will require other jurisdictions within Spokane County participating in the County Regional Solid Waste System to enter into an interlocal agreement with the COUNTY, to uphold the COUNTY's Flow Control Ordinance, and to deliver solid waste from their jurisdictions to the Waste To Energy Facility, Of to a County owned Transfer Station. F. County Flow Commitment.to the Waste To Ener The COUNTY agrees to deliver to the Waste To Energy Facility all of the solid waste delivered to the Transfer Stations during the term Of this Agreernent. G. Municipal Flow Control Interference.: Both the CITY and the COUNTY recognize flow control to the Transfer Stations and to the City Waste To Energy Facility provides consistency to the CITY and the COUNTY and should not be intentionally disrupted by either the CITY or the COUNTY:: The CITY and the COUNTY agree not to intentionally interfere with the other's attempt to meet all solid waste flow control requirements established within this Agreement. Specifically, neither party Will intentionally: interfere with interlocal Agreements executed With other jurisdictions both Within Spokane County and Page 9 of 24 outside Spokane County during the term of this Agreement, The CITY and the COUNTY further agree to continue to cause the solid waste delivered to the , Transfer Stations and to the Waste To Energy Facility respectively by the PARTIES to remain at historical volumes to the extent practicable through the term of this Agreement. County:Disposal Rate: For the Period from November 17, 2014 through December 31, 2015, the COUNTY Will.pay to the CITY Fifty Four and 12/100 Dollars ($54.12) per ton for each ton of solid waste delivered from the Transfer Stations to the Waste To Energy Facility by the COUNTY. On January 1 st of each year following 2015, the CITY Will adjust the county Disposal Rate to reflect increases in the United States Department of Labor, Bureau of Labor Statistics, West-Size Class WC, Consumer Price Index, All Reim for All Urban Consumers (CPI-U) (the "Index"), The adjustment factor for computing annual rate adjustments shotl be computed by dividing the Index number for October of the just-completed year by the Index number for October of the previous year In the event the Index number stays the same or decreases, no rate adjustment will be made, and the next rate adjustment shall not occur Until the Index number increases to a number exceeding the highest previous Index nUMber, end shall be cOmp:uted using the pi.eVICKIS.highest Index Minter, Example Calculation of Annual Rate Adjustments: INDEX COUNTY DISPOSAL RATE ADJUST FACTOR Qase Yr.N 125. $54.12 N+1 128.844 1.030752 $55.78 N+2 133.315 1.034710 $57.72 N+3* 132474 No change $57.72 N-1-4*!' 183 No change $57,72 N+5 137,748 1:033252: $59.64 N+6 140.054 1:016741 : $60.64 No change-Index decreased " No charge-Index did not exceed highest previous Index The CITY will be responsible for all Of the costs associated with disposal of the Solid Waste once delivered to the Waste To Energy Facility, including but not limited to incineration, ash disposal, by-pass of unburned Material, and all Maintenance, operation, repairs and ordinary renewals and replacements necessarV for the Operation of the Waste To Energy Facility, L DiIIini: Page 10 of 24 Possible discussion points that Council would like to address with county, i.e. what would Council like to see in an Interlocal with Spokane County: (City of Spokane Valley may need an MOU agreeing to conditions prior to contract execution so the clock doesn't run out for Spokane Valley waiting for a contract). 1 o County to issue immediate RFP for Transfer Station, Transport and Disposal to allow transition in three years to lower cost disposal options. io Combine Transfer station operations and Transport/Disposal in '' RFP. This should result in the lowest cost overall. / o Upfront identification of West Plains tonnage (Spokane accepts tonnage as long as the flow goes to WTE 3 years or 7 years; what happens after that? A new transfer station would make costs unreasonable). L o Spokane Valley participation on solid waste Board with rate- setting authority (not just advisory) and control and oversight of service level and landfill closure fees, etc. Commitment to lowest price option or opt-out by other jurisdictions if county goes with higher-priced options (addresses county's pursuit of West Plains Intermodal) Ko Rate must be reduced by amount of debt service when transfer stations are paid off, i.e. direct correlation between debt payoff and rate reduction of $10/ton. Y Transfer station operating cost per ton and estimate of other program costs i.e. "the rate" (or capped rate by county) prior to City of Spokane Valley signing an agreement. .7 • Spokane Valley would like to see the rate numbers with SV not included so we can see the impact of the Valley joining the system. • Revenue options need to be available to the City of Spokane Valley LA • Possibly System vs. City of Spokane Valley enforces flow I control j )• If rail transloader is developed, must have direct access at same location to both Burlington Northern and Union Pacific in order to take advantage of competition for landfill disposal \ • Take a closer look at Section c.1. ii shall not, directly or indirectly, site or permit to be sited any solid waste disposal site other than the County Regional Solid Waste System. 1")• Ability to recover capital investment if we withdraw from the system. ()7. Ability to exit without mutual agreement by providing reasonable advance notice.