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
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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.