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2015, 05-05 Study SessionAGENDA SPOKANE VALLEY CITY COUNCIL STUDY SESSION FORMAT Tuesday, May 5, 2015 CITY HALL COUNCIL CHAMBERS 11707 East Sprague Avenue, First Floor (Please Silence Your Cell Phones During the Meeting) 6:00 p.m. DISCUSSION LEADER SUBJECT/ACTIVITY GOAL CALL TO ORDER ROLL CALL ACTION ITEM: 1. Steve Worley Sullivan Rd Street Preservation Bid Award [public comment] NON -ACTION ITEMS: 2. Steve Worley Proposed 2016-2021 Six -Year TIP 3. John Hohman Comprehensive Plan Update Land Quantity & Market Analysis 4. Erik Lamb Potential Admissions Tax 5. Mayor Grafos Advance Agenda Motion Consideration Discussion/Information Discussion/Information Discussion/Information Discussion/Information 6. Information Only (will not be reported or discussed): Operations and Administration Quarterly Report 7. Mayor Grafos Council Comments Discussion/Information 8. Mike Jackson City Manager Comments Discussion/Information ADJOURN Note: Unless otherwise noted above, there will be no public comments at Council Study Sessions. However, Council always reserves the right to request information from the public and staff as appropriate. During meetings held by the City of Spokane Valley Council, the Council reserves the right to take "action" on any item listed or subsequently added to the agenda. The term "action" means to deliberate, discuss, review, consider, evaluate, or make a collective positive or negative decision. NOTICE: Individuals planning to attend the meeting who require special assistance to accommodate physical, hearing, or other impairments, please contact the City Clerk at (509) 921-1000 as soon as possible so that arrangements may be made. Study Session Agenda May 5, 2015 Page 1 of 1 CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: May 5, 2015 Department Director Approval: Check all that apply: ❑ consent ❑ old business ® new business ❑ public hearing ❑ information ['admin. report ❑ pending legislation ❑ executive session AGENDA ITEM TITLE: Motion Consideration: Bid Award — Sullivan Street Preservation Project — Sprague to Mission #0188 GOVERNING LEGISLATION: SVMC 3.35.10 — Contract Authority PREVIOUS COUNCIL ACTION TAKEN: July 10, 2012, approved the Federal Surface Transportation Program (Urban) (STP(U)) grant application; June 24, 2014, approved the 2015 - 2020 Six Year Transportation Improvement Plan; March 24, 2015, approved the amended 2015 Transportation Improvement Program BACKGROUND: The Sullivan Road Street Preservation project will place a two inch asphalt overlay on Sullivan Road between Sprague Avenue and Mission Avenue. The pedestrian ramps will also be updated and the storm water facilities will be replaced. Since the existing intersection at Sullivan Rd and Broadway was recently constructed in concrete, this intersection is not part of the project. This project is funded with a federal STP(U) grant. Public Works staff designed the project. Bids were advertised on April 10 and April 17. The bids are scheduled to be opened Friday, May 1, 2015. A copy of the bid tabulation will be provided at the council meeting for award consideration. OPTIONS: 1) Award the contract to the lowest responsive and responsible bidder, 2) Not award the contract to the lowest responsive and responsible bidder, or 3) take other appropriate action. RECOMMENDED ACTION OR MOTION: Move to award the Sullivan Rd Street Preservation Project, CIP #0188 to in the amount of $ and to authorize the City Manager to finalize and execute the construction contract. BUDGET/FINANCIAL IMPACTS: The project budget is $1,156,500. The federal STP(U) grant share of 86.5% is $1,000,372. The City's local share is $156,128, of which approximately $45,629 is stormwater work that will be paid from Fund 402. The remaining local share will be paid by the Street Preservation Fund 311. STAFF CONTACT: Steve M. Worley, PE — Senior Capital Projects Engineer Eric Guth, PE - Public Works Director ATTACHMENTS: Bid Tabulations to be provided at the Council meeting CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: May 5, 2015 Check all that apply: ['consent ❑ old business ['information ® admin. report Department Director Approval: ['new business ['public hearing ['pending legislation ['executive session AGENDA ITEM TITLE: Draft 2016-2021 Six -Year Transportation Improvement Program (TIP) GOVERNING LEGISLATION: RCW 35.77.010, Perpetual advanced six-year plans for coordinated transportation program expenditures. PREVIOUS COUNCIL ACTION TAKEN: Information Only RCA Draft 2016-2021 Six -Year TIP, April 28, 2015. BACKGROUND: The City is required by RCW 35.77.010 to prepare and after public hearing adopt a revised and extended comprehensive transportation program for the ensuing six calendar years. This plan must be submitted to the Washington State Department of Transportation by July 1st of each year. The attached draft Six -Year TIP incorporates comments received from previous Council comments on the City's transportation network. This year's TIP continues with an emphasis on street preservation projects in accordance with Council goals. Street Preservation Projects are included for each year in this six-year TIP. Staff reviewed historical funding levels for federal, state and City funds from the past five years to estimate projected funding levels available during the next six years. The Six -Year TIP is required to be financially constrained and reflect realistic expectations of annual funding levels. Other needed and worthwhile projects that do not fit within the amount of funding anticipated from state and federal grants and City revenues are listed in the document titled `Projects w/ No Currently Identified Local Match within Existing Resources'. OPTIONS: Discussion RECOMMENDED ACTION OR MOTION: Discussion BUDGET/FINANCIAL IMPACTS: Project costs are currently being developed in more detail for each project. The City's match on federal and state funded projects is typically between 13.5% and 20%. An initial review of the projected REET funds through 2021 appears to indicate sufficient funds to provide the City's match for the recommended projects. STAFF CONTACT: Steve M. Worley, PE — Senior Capital Projects Engineer Eric Guth, PE - Public Works Director ATTACHMENTS: Draft 2016-2021 Six -Year Transportation Improvement Program Spokane Valley City of Spokane Valley Public Works Department "DRAFT" 2016 — 2021 Six -Year Transportation Improvement Program 5-5-2015 Funding Sources: • ARRA • BR • City • CDBG • CMAQ • Developers • EECBG • FHWA • FMSIB • HSIP • HUD • QRSP • REET • Other Fed • Other RR • Other State • SP • SRTS • SW • STA • STP(E) • STP(U) • TA • TIB • UAP • UCP • WSDOT • WTSC • WUTC City of Spokane Valley Department of Public Works 2016 — 2021 Six -Year Transportation Improvement Program Glossary & Abbreviations American Recovery & Reinvestment Act Bridge Replacement Program City Funds Community Development Block Grant Congestion Management/Air Quality Private Developer Funds Energy Efficiency and Conservation Block Grant Federal Highway Administration Freight Mobility Strategic Investment Program Highway Safety Improvement Program Housing & Urban Development Quick Response Safety Program Real Estate Excise Tax Misc. Federal Funding Sources Railroad Funding Misc. State Funding Sources TIB Sidewalk Program Safe Routes to School City Stormwater Funds Spokane Transit Authority Surface Transportation Program (Enhancement) Surface Transportation Program (Urban) Transportation Alternatives Transportation Improvement Board TIB Urban Arterial Program TIB Urban Corridor Program Washington Department of Transportation Washington Traffic Safety Commission Washington Utilities & Transportation Commission Spakane .Valley Funding Status: • S Project Funding is Secured • P Project Funding is Planned. The Most Probable Funding Sources have been Identified. Project Phases: • PE Preliminary Engineering • RW Right -of -Way • CN Construction Construction Type: • PCC Portland Cement Concrete • HMA Hot Mix Asphalt • ITS Intelligent Transportation System (Integrated Traffic Signal Control Systems) • S/W Sidewalk Street Functional Classifications: Urban: • 14 • 16 • 17 • 19 Principal Arterial Minor Arterial Collector Arterial Local Access Spokane Valley Project / Description / Current Status Draft 2016 - 2021 Six -Year Transportation Improvement Program Dollars in Thousands Length PE RW CN Total Funding Sources 2016 2017 2018 2019 2020 2021 Total 1 Sullivan Road West Bridge S Reconstruct and widen west (southbound) bridge Recv'd FMSIB, BR & TIB grants; City Project #0155 0.08 0 0 5,064 5,064 BR 1,711 1,711 City 536 536 FMSIB 600 600 Other 1,167 1,167 Fed UCP 1,050 1,050 Project Total 5,064 5,064 2 Mission Ave. - Flora Rd. to Barker Rd. (PE/RW) 1 155 160 0 316 City 43 43 S STP(U) 273 273 Reconstruct with curb, sidewalks, bike lanes and stormwater facilities; PE & RW Funding Secured, (SRTC #09-01) City Project #0123, Project Total 316 316 3 Citywide Reflective Signal Backplates S New Traffic Signal Backplates at 10 City Intersections 2015-2017 HSIP Grant Award 0 0 0 72 72 City HSIP 72 72 Project Total 72 72 4 McDonald Rd ROAD DIET, 16th to Mission S 2 28 0 545 574 HSIP 571 571 City 3 3 4 -lane to 3 -lane, added bike lanes each direction, signal reconfigurations and new ramps at signals Project Total 574 574 Projects and timeframes identified in the TIP are to be considered estimates only that may change due to a variety of circumstances, and are not intended by the City to be relied upon by property owners or developers in making development decisions. 4/30/2015 Page 1 Spokane Walley Project / Description / Current Status Draft 2016 - 2021 Six -Year Transportation Improvement Program Dollars in Thousands Length PE RW CN Total Funding Sources 2016 2017 2018 2019 2020 2021 Total 5 Seth Woodard Elem Sidewalk Imp, Mission & 0.25 42 0 319 361 City 30 30 p Park CDBG 331 331 Construct ADA sidewalk & curb ramps on the South side of Mission from Lily to Park, and along Park north along the school and E Spokane Grange frontage Project Total 361 361 6 Fancher/BNSF RR Overpass Joint Repair p Project Repair bridge expansion joints on RR overpass 0 29 0 172 201 City 201 201 Project Total 201 201 7 2016 Street Preservation Project P Pavement Preservation Projects: Fund 311 Ongoing, yearly 0 100 0 2,100 2,200 City 2,200 2,200 Project Total 2,200 2,200 8 Sprague / Barker Intersection Improvements P Intersection improvements to improve capacity Developer + City Partnership 0 39 12 422 472 City 12 211 223 DEV 38 211 249 Project Total 50 422 472 Projects and timeframes identified in the TIP are to be considered estimates only that may change due to a variety of circumstances, and are not intended by the City to be relied upon by property owners or developers in making development decisions. 4/30/2015 Page 2 Spokane Walley Project / Description / Current Status Draft 2016 - 2021 Six -Year Transportation Improvement Program Dollars in Thousands Length PE RW CN Total Funding Sources 2016 2017 2018 2019 2020 2021 Total 9 Appleway - Park to Dishman Mica Preservation S Grind and Overlay, ADA Upgrades Funded with STP(U) funds. 1.1 83 0 1,071 1,154 City 11 145 156 STP(U) 72 926 998 Project Total 83 1,071 1,154 10 Appleway Trail - Pines to Evergreen 1 146 0 1,885 2,030 City 31 405 436 S STP(U) 69 901 970 TA 45 579 624 Construct Shared Use Pathway along abandoned RR R -O -W Funded with STP(U) funds. Project Total 145 1,885 2,030 11 2017 Street Preservation Project P Pavement Preservation Projects: Fund 311 Ongoing, yearly 0 100 0 2,100 2,200 City 2,200 2,200 Project Total 2,200 2,200 12 Sullivan / Euclid Concrete Intersection (RW/CN) P Reconstruct intersection in concrete pavement PE Obligated 9/2010 0 0 26 2,082 2,110 City 406 406 TIB 1,704 1,704 Project Total 2,110 2,110 Projects and timeframes identified in the TIP are to be considered estimates only that may change due to a variety of circumstances, and are not intended by the City to be relied upon by property owners or developers in making development decisions. 4/30/2015 Page 3 Spokane Walley Project / Description / Current Status Draft 2016 - 2021 Six -Year Transportation Improvement Program Dollars in Thousands Length PE RW CN Total Funding Sources 2016 2017 2018 2019 2020 2021 Total 13 Sullivan Corridor ITS - 1-90 to Trent (SR 290) 1.75 105 0 809 914 City 14 109 123 S CMAQ 91 700 791 Extend ITS conduit and contols along Sullivan Corridor CMAQ Funded Project Total 105 809 914 14 Argonne - Broadway to Indiana 0.8 64 0 576 640 City 9 78 87 S STP(U) 55 498 553 Pavement Preservation - Grind and Overlay Funded with STP(U) funds. Project Total 64 576 640 15 2018 Street Preservation Project P Pavement Preservation Projects: Fund 311 Ongoing, yearly 0 100 0 2,100 2,200 City 2,200 2,200 Project Total 2,200 2,200 16 Opportunity Elementary, SRTS P 0.25 85 10 390 485 City 11 54 65 TA 76 344 420 Construct sidewalk along the east side of Bowdish from 8th to 12th, and along the south side of 11th from Bowdish to Wilbur TA Grant Application for 2018-2020 grant cycle Project Total 87 398 485 Projects and timeframes identified in the TIP are to be considered estimates only that may change due to a variety of circumstances, and are not intended by the City to be relied upon by property owners or developers in making development decisions. 4/30/2015 Page 4 Spokane Walley Project / Description / Current Status Draft 2016 - 2021 Six -Year Transportation Improvement Program Dollars in Thousands Length PE RW CN Total Funding Sources 2016 2017 2018 2019 2020 2021 Total 17 Citywide Sidewalk Infill Project P 1 140 30 830 1,000 City 152 848 1,000 Infill gaps in Sidewalks and add sidewalks to access completed portions of the Appleway Trail. Project Total 152 848 1,000 18 Appleway Trail - Evergreen to Sullivan P Construct Shared Use Pathway along abandoned Railroad Right -of -Way 2.35 180 0 1,600 1,780 City 24 216 240 CMAQ 156 1,384 1,540 Project Total 180 1,600 1,780 19 Argonne Road Concrete Pavement- 1-90 to p Montgomery 0.25 512 0 3,211 3,723 City 102 642 744 TIB 410 2,569 2,979 Reconstruct pavement in concrete; OCI Mullan to Knox 24, OCI Knox to Montgomery 35 (2014 Rpt) Project Total 512 3,211 3,723 20 Sprague - Sullivan to Corbin Preservation 0.85 177 0 1,593 1,770 City 24 215 239 S STP(U) 153 1,378 1,531 Pavement Preservation, ADA upgrade Funded with STP(U) funds. Project Total 177 1,593 1,770 Projects and timeframes identified in the TIP are to be considered estimates only that may change due to a variety of circumstances, and are not intended by the City to be relied upon by property owners or developers in making development decisions. 4/30/2015 Page 5 Spokane Walley Project / Description / Current Status Draft 2016 - 2021 Six -Year Transportation Improvement Program Dollars in Thousands Length PE RW CN Total Funding Sources 2016 2017 2018 2019 2020 2021 Total 21 Appleway Trail - University Rd. to Balfour Park 0.5 100 400 700 1,200 City 68 94 162 p TA 432 606 1,038 Extend Shared Use pathway to Balfour Park Project Total 500 700 1,200 22 Sullivan -Wellesley Intersection Imp Project P Traffic Signal or Roundabout 0.25 160 0 1,600 1,760 City 22 216 238 STP(U) 138 1,384 1,522 Project Total 160 1,600 1,760 23 Broadway Improvement Project- Flora to p Barker 0 543 1,000 4,163 5,706 City 309 833 1,142 TIB 1,234 3,330 4,564 Extend Broadway arterial to Barker Rd, Realign Broadway connection east of Barker Project Total 1,543 4,163 5,706 24 Mission Ave. - Flora Rd. to Barker Rd. (CN) P Widen & Overlay with curb, sidewalks, bike lanes and stormwater facilities 0 0 3,697 3,697 City 499 499 TIB 1,599 1,599 STP(U) 1,599 1,599 Project Total 3,697 3,697 Projects and timeframes identified in the TIP are to be considered estimates only that may change due to a variety of circumstances, and are not intended by the City to be relied upon by property owners or developers in making development decisions. 4/30/2015 Page 6 Spokane _Valley Project / Description / Current Status Draft 2016 - 2021 Six -Year Transportation Improvement Program Dollars in Thousands Length PE RW CN Total Funding Sources 2016 2017 2018 2019 2020 2021 Total 25 Broadway @ Argonne/Mullan Concrete p Intersections (CN Only) Reconstruct intersections in concrete pavement ROW Obligated 11/2013 0 0 0 1,703 1,703 City 230 230 STP(U) 1,473 1,473 Project Total 1,703 1,703 26 2019 Street Preservation Project P Pavement Preservation Projects: Fund 311 Ongoing, yearly 0 100 0 2,100 2,200 City 2,200 2,200 Project Total 2,200 2,200 27 Barker Rd Improvements - South City Limits to 0.81 326 25 2,502 2,853 City 47 338 385 p Appleway TIB 304 2,164 2,468 Widen and Improve roadway to 3 -lane urban section Project Total 351 2,502 2,853 28 Park Road #2 - Broadway to Indiana (RW & CN) 0.75 0 150 2,877 3,027 City 20 388 408 p STP(U) 130 2,489 2,619 Reconstruct to a 3 -lane section with curb, sidewalks, bike lanes and stormwater facilities PE Funding 6/2009 Project Total 150 2,877 3,027 Projects and timeframes identified in the TIP are to be considered estimates only that may change due to a variety of circumstances, and are not intended by the City to be relied upon by property owners or developers in making development decisions. 4/30/2015 Page 7 Spokane Walley Project / Description / Current Status Draft 2016 - 2021 Six -Year Transportation Improvement Program Dollars in Thousands Length PE RW CN Total Funding Sources 2016 2017 2018 2019 2020 2021 Total 29 Pines (SR27)/ BNSF Underpass - (PE only) P Railroad underpass at Pines (SR -27) / BNSF / Trent 0 3,000 0 0 3,002 City 128 128 256 Other 1,298 1,298 2,596 Fed Other- 75 75 150 RR Project Total 1,501 1,501 3,002 30 Evergreen & Broadway ITS P 2 125 0 705 830 City 17 95 112 CMAQ 108 610 718 ITS along Broadway from Pines Rd (SR -27) to Evergreen, along Evergreen from Sprague to 16th Ave. 2018-2020 CMAQ Grant Application funding 31 2020 Street Preservation Project P Pavement Preservation Projects: Fund 311 Ongoing, yearly Project Total 125 705 830 0 100 0 2,100 2,200 City 2,200 2,200 Project Total 2,200 2,200 32 Barker Rd - Euclid to 0.1 mi. S. of Trent Ave p (SR290) Reconstruct Barker to 3 -lane urban section 0.75 471 100 3,613 4,184 City 114 723 837 TIB 457 2,890 3,347 Project Total 571 3,613 4,184 Projects and timeframes identified in the TIP are to be considered estimates only that may change due to a variety of circumstances, and are not intended by the City to be relied upon by property owners or developers in making development decisions. 4/30/2015 Page 8 Spokane Walley Project / Description / Current Status Draft 2016 - 2021 Six -Year Transportation Improvement Program Dollars in Thousands Length PE RW CN Total Funding Sources 2016 2017 2018 2019 2020 2021 Total 33 Barker Rd Improvement Project -Appleway to I- 0.28 382 1,146 2,397 3,629 City 167 324 491 p 90 STP(U) 1,065 2,073 3,138 Widen and improve to 5 -lane urban section, Roundabout @ Broadway, Realign east leg of Broadway Project Total 1,232 2,397 3,629 34 Appleway Trail - Sullivan to Corbin P Shared Use Path along Old Milwaukee R/R ROW 1.33 200 0 2,200 2,400 City 27 297 324 CMAQ 173 1,903 2,076 Project Total 200 2,200 2,400 35 Barker Rd Improvement Project - Spokane p River to Euclid Reconstruct and widen to 3 -lane urban section Developer Funds Rec'd 6/2014, $29,500 0.53 378 25 0 403 City 52 52 TIB 322 322 DEV 29 29 Project Total 403 403 36 2021 Street Preservation Project P Pavement Preservation Projects: Fund 311 Ongoing, yearly 0 100 0 2,100 2,200 City 2,200 2,200 Project Total 2,200 2,200 Projects and timeframes identified in the TIP are to be considered estimates only that may change due to a variety of circumstances, and are not intended by the City to be relied upon by property owners or developers in making development decisions. 4/30/2015 Page 9 Spokane Walley Project / Description / Current Status Draft 2016 - 2021 Six -Year Transportation Improvement Program Dollars in Thousands Length PE RW CN Total Funding Sources 2016 2017 2018 2019 2020 2021 Total 37 Barker Road / BNSF Grade Separation P Construct Grade Separation at Barker/BNSF RR/ Trent (SR290) FY09 Federal Earmark for $720K, 20% of CN (up to $10M) received from FMSIB 0.5 1,538 450 0 1,988 City 308 308 Other 180 180 Fed Other 1,500 1,500 State Other - RR Other Fed FMSIB Project Total 1,988 1,988 Totals: 9,608 3,534 59,398 72,539 9,066 7,857 6,896 23,840 11,788 12,801 72,248 Projects and timeframes identified in the TIP are to be considered estimates only that may change due to a variety of circumstances, and are not intended by the City to be relied upon by property owners or developers in making development decisions. 4/30/2015 Page 10 Spokane .Walley Draft 2016 - 2021 Six -Year Transportation Improvement Program Six -Year Transportation Improvement Program Totals Secured Projects Planned Projects Totals Year Federal State Other City Total Federal State Other City Total Federal State Other City Total 2016 $4,114 $1,650 $0 $595 $6,359 $604 $0 $38 $2,273 $2,915 $4,718 $1,650 $38 $2,868 $9,274 2017 $1,144 $0 $0 $199 $1,343 $3,618 $0 $188 $3,048 $6,854 $4,762 $0 $188 $3,247 $8,197 2018 $2,678 $0 $0 $592 $3,270 $4,477 $1,599 $0 $2,349 $8,425 $7,155 $1,599 $0 $2,941 $11,695 2019 $0 $0 $0 $0 $0 $8,730 $0 $0 $2,763 $11,493 $8,730 $0 $0 $2,763 $11,493 2020 $0 $0 $0 $0 $0 $8,317 $2,013 $75 $3,182 $13,587 $8,317 $2,013 $75 $3,182 $13,587 2021 $0 $0 $0 $0 $0 $1,478 $10,03 $75 $3,972 $15,564 $1,478 $10,03 $75 $3,972 $15,564 9 9 Total $7,936 $1,650 $0 $1,386 $10,972 $27,224 $13,65 $376 $17,587 $58,838 $35,160 $15,301 $376 $18,973 $69,810 1 Projects and timeframes identified in the TIP are to be considered estimates only that may change due to a variety of circumstances, and are not intended by the City to be relied upon by property owners or developers in making development decisions. 4/30/2015 Page 1 City of Spokane Valley Department of Public Works Six -Year Transportation Improvement Program Projects w/ No Currently Identified Local Match Within Existing Resources Dollars in Thousands Project Name Bowdish Road - 16th to Sprague Bowdish Road - 24th to 16th Bowdish Road - 32nd to 24th Bowdish Sidewalk - 12th to 16th Park Road #2 Sidewalk Project - Marietta Ave. to Buckeye Ave. Park Road / BNSF Grade Separation Pavement Management Program - Local Access Pines (SR27)/ BNSF Underpass (RW, CN Only) Pines Corridor ITS - Sprague to 16th Sprague / Argonne -Mullan Concrete Intersections Sprague / Fancher Concrete Intersection Sprague / Thierman Concrete Intersection Sprague / University Concrete Intersection Sullivan / Kiernan Concrete Intersection Sullivan / Marietta Concrete Intersection Sullivan Rd / BNSF Grade Separation Improvements Wellesley Realignment @ Barker/SR290 Description Sprague to 8th: Inlay & Enhancement; 8th to 16th: Reconstruct as 2 -lane section w/ curb, sidewalk, bike lanes and new stormwater facilities Reconstruct Roadway as 2 -lane section w/ curb, sidewalk and new stormwater facilities; Reconstruct Roadway as 2 -lane section w/ curb, sidewalk and new stormwater facilities; Construct Sidewalk along both sides of Bowdish Construct sidewalk along one side of Park Road and 160 -ft gap on north side of Buckeye Ave east of Park Road Reconstruct Park Road to separate the grades of Park Road and the BNSF railroad tracks. Annual street preservation projects Construct grade separation at Pines Rd (SR -27) / Trent Ave (SR 290) / BNSF RR Traffic Signal Control System for Corridor Reconstruct intersections in concrete pavement Reconstruct Intersection in concrete pavement Reconstruct intersection in concrete pavement Reconstruct intersection in concrete pavement. Reconstruct Intersection in concrete pavement Reconstruct intersection in concrete pavement Upgrade and widen grade separation at Sullivan/BNSF/Trent (SR290) Realign connection of Wellesley to Barker Rd and SR290, 3 -lane section, Part of Barker/BNSF Grade Separation Total Cost $2,858 $2,846 $2,637 $557 $143 $18,993 $11,664 $17,184 $785 $2,342 $1,572 $1,243 $1,660 $1,423 $1,493 $16,150 $5,187 Totals: $88,737 Projects and timeframes identified in the TIP are to be considered estimates only that may change due to a variety of circumstances, and are not intended by the City to be relied upon by property owners or developers in making development decisions. Thursday, April 30, 2015 Page 1 of 1 City of Spokane Valley Department of Public Works Total Project Costs (Including costs before and beyond the six years of this TIP) Projects Listed by Category for the 2016-2021 Six -Year TIP Dollars in Thousands Arterial Improvements Project Name Description City Cost Total Cost Mission Ave. - Flora Rd. to Barker Reconstruct with curb, sidewalks, $124 $918 Rd. (PE/RW) bike lanes and stormwater facilities; Sullivan -Wellesley Intersection Imp Traffic Signal or Roundabout $238 $1,760 Project Broadway Improvement Project - Extend Broadway arterial to Barker $1,142 $5,706 Flora to Barker Rd, Realign Broadway connection east of Barker Mission Ave. - Flora Rd. to Barker Widen & Overlay with curb, $499 $3,697 Rd. (CN) sidewalks, bike lanes and stormwater facilities Barker Rd Improvements - South City Widen and Improve roadway to 3- $385 $2,853 Limits to Appleway lane urban section Park Road #2 - Broadway to Indiana Reconstruct to a 3 -lane section with $418 $3,102 (RW & CN) curb, sidewalks, bike lanes and stormwater facilities Pines (SR27)/ BNSF Underpass - Railroad underpass at Pines (SR -27) $255 $3,000 (PE only) / BNSF / Trent Barker Rd - Euclid to 0.1 mi. S. of Reconstruct Barker to 3 -lane urban $837 $4,184 Trent Ave (SR290) section Barker Rd Improvement Project - Widen and improve to 5 -lane urban $491 $3,925 Appleway to 1-90 section, Roundabout @ Broadway, Realign east leg of Broadway Barker Rd Improvement Project - Reconstruct and widen to 3 -lane $632 $3,302 Spokane River to Euclid urban section Total: $5,021 $32,447 Projects and timeframes identified in the TIP are to be considered estimates only that may change due to a variety of circumstances, and are not intended by the City to be relied upon by property owners or developers in making development decisions. Thursday, April 30, 2015 Page 1 of 5 City of Spokane Valley Department of Public Works Total Project Costs (Including costs before and beyond the six years of this TIP) Projects Listed by Category for the 2016-2021 Six -Year TIP Dollars in Thousands Bridge Projects Project Name Sullivan Road West Bridge Fancher/BNSF RR Overpass Joint Repair Project Barker Road / BNSF Grade Separation Description Reconstruct and widen west (southbound) bridge Repair bridge expansion joints on RR overpass Construct Grade Separation at Barker/BNSF RR/ Trent (SR290) Total: City Cost Total Cost $2,360 $19,750 $201 $201 $2,910 $29,200 $5,471 $49,151 Congestion Improvements Project Name Sprague / Barker Intersection Improvements Description Intersection improvements to improve capacity Total: City Cost Total Cost $223 $223 $489 $489 Projects and timeframes identified in the TIP are to be considered estimates only that may change due to a variety of circumstances, and are not intended by the City to be relied upon by property owners or developers in making development decisions. Thursday, April 30, 2015 Page 2 of 5 City of Spokane Valley Department of Public Works Total Project Costs (Including costs before and beyond the six years of this TIP) Projects Listed by Category for the 2016-2021 Six -Year TIP Dollars in Thousands Pedestrian/Bicycle Program Project Name Description City Cost Total Cost Seth Woodard Elem Sidewalk Imp, Construct ADA sidewalk & curb $32 $389 Mission & Park ramps on the South side of Mission from Lily to Park, and along Park north along the school and E Spokane Grange frontage Appleway Trail - Pines to Evergreen Construct Shared Use Pathway along $450 $2,093 abandoned RR R -O -W Opportunity Elementary, SRTS Construct sidewalk along the east $65 $485 side of Bowdish from 8th to 12th, and along the south side of 11th from Bowdish to Wilbur Citywide Sidewalk Infill Project Infill gaps in Sidewalks and add $1,000 $1,000 sidewalks to access completed portions of the Appleway Trail. Appleway Trail - Evergreen to Sullivan Construct Shared Use Pathway along $240 $1,780 abandoned Railroad Right -of -Way Appleway Trail - University Rd. to Extend Shared Use pathway to $162 $1,200 Balfour Park Balfour Park Appleway Trail - Sullivan to Corbin Shared Use Path along Old $324 $2,400 Milwaukee R/R ROW Total: $2,273 $9,347 Safety Program Project Name Description Citywide Reflective Signal Backplates New Traffic Signal Backplates at 10 City Intersections City Cost Total Cost $1 $81 McDonald Rd ROAD DIET, 16th to 4 -lane to 3 -lane, added bike lanes $7 $616 Mission each direction, signal reconfigurations and new ramps at signals Total: $8 $697 Projects and timeframes identified in the TIP are to be considered estimates only that may change due to a variety of circumstances, and are not intended by the City to be relied upon by property owners or developers in making development decisions. Thursday, April 30, 2015 Page 3 of 5 City of Spokane Valley Department of Public Works Total Project Costs (Including costs before and beyond the six years of this TIP) Projects Listed by Category for the 2016-2021 Six -Year TIP Dollars in Thousands Street Preservation Projects Project Name 2016 Street Preservation Project Appleway - Park to Dishman Mica Preservation 2017 Street Preservation Project Argonne - Broadway to Indiana 2018 Street Preservation Project Sprague - Sullivan to Corbin Preservation 2019 Street Preservation Project 2020 Street Preservation Project 2021 Street Preservation Project Description Pavement Preservation Projects: Fund 311 Grind and Overlay, ADA Upgrades Pavement Preservation Projects: Fund 311 Pavement Preservation - Grind and Overlay Pavement Preservation Projects: Fund 311 Pavement Preservation, ADA upgrade Pavement Preservation Projects: Fund 311 Pavement Preservation Projects: Fund 311 Pavement Preservation Projects: Fund 311 Total: City Cost $2,200 $161 $2,200 $87 $2,200 $239 $2,200 $2,200 $2,200 $13,687 Total Cost $2,200 $1,190 $2,200 $640 $2,200 $1,770 $2,200 $2,200 $2,200 $16,800 Street Reconstruction Projects Project Name Sullivan / Euclid Concrete Intersection (RW/CN) Argonne Road Concrete Pavement - 1-90 to Montgomery Broadway @ Argonne/Mullan Concrete Intersections (CN Only) Description Reconstruct intersection in concrete pavement Reconstruct pavement in concrete; OCI MuIlan to Knox 24, OCI Knox to Montgomery 35 (2014 Rpt) Reconstruct intersections in concrete pavement Total: City Cost Total Cost $406 $744 $230 $1,380 $2,108 $3,723 $1,703 $7,534 Projects and timeframes identified in the TIP are to be considered estimates only that may change due to a variety of circumstances, and are not intended by the City to be relied upon by property owners or developers in making development decisions. Thursday, April 30, 2015 Page 4 of 5 City of Spokane Valley Department of Public Works Total Project Costs (Including costs before and beyond the six years of this TIP) Projects Listed by Category for the 2016-2021 Six -Year TIP Dollars in Thousands Traffic Operations and Maintenance Project Name Sullivan Corridor ITS - 1-90 to Trent (SR 290) Evergreen & Broadway ITS Description Extend ITS conduit and contols along Sullivan Corridor ITS along Broadway from Pines Rd (SR -27) to Evergreen, along Evergreen from Sprague to 16th Ave. Total: City Cost $123 $112 $235 Total Cost $914 $830 $1,744 Overall Total: $28,298 $118,209 Projects and timeframes identified in the TIP are to be considered estimates only that may change due to a variety of circumstances, and are not intended by the City to be relied upon by property owners or developers in making development decisions. Thursday, April 30, 2015 Page 5 of 5 City of Spokane Valley Department of Public Works Six -Year Transportation Improvement Program 2016 - 2021 Dollars in Thousands 2016 Item # Project Name 1 Sullivan Road West Bridge 2 Mission Ave. - Flora Rd. to Barker Rd. (PE/RW) 3 Citywide Reflective Signal Backplates 4 McDonald Rd ROAD DIET, 16th to Mission 5 Seth Woodard Elem Sidewalk Imp, Mission & Park 6 Sprague / Barker Intersection Improvements 7 2016 Street Preservation Project 8 Appleway - Park to Dishman Mica Preservation 9 Appleway Trail - Pines to Evergreen 10 Fancher/BNSF RR Overpass Joint Repair Project Primary Source BR STP(U) HSIP HSIP CDBG DEV City STP(U) STP(U) City City Amount 536 43 0 3 30 12 2,200 11 31 201 Total Amount 5,064 316 72 574 361 50 2,200 83 145 201 2016 Totals: $3,067 $9,066 2017 Item # Project Name 6 Sprague / Barker Intersection Improvements 8 Appleway - Park to Dishman Mica Preservation 9 Appleway Trail - Pines to Evergreen 11 2017 Street Preservation Project 12 Argonne - Broadway to Indiana 14 Sullivan / Euclid Concrete Intersection (RW/CN) 15 Sullivan Corridor ITS - 1-90 to Trent (SR 290) Primary Source DEV STP(U) STP(U) City STP(U) TIB CMAQ City Amount 211 145 405 2,200 9 406 14 Total Amount 422 1,071 1,885 2,200 64 2,110 105 2017 Totals: $3,390 $7,857 2018 Item # Project Name 12 Argonne - Broadway to Indiana 13 Opportunity Elementary, SRTS 15 Sullivan Corridor ITS - 1-90 to Trent (SR 290) 16 2018 Street Preservation Project 17 Appleway Trail - Evergreen to Sullivan 18 Appleway Trail - University Rd. to Balfour Park 19 Argonne Road Concrete Pavement - 1-90 to Montgomery 20 Broadway Improvement Project - Flora to Barker 21 Citywide Sidewalk Infill Project 22 Sprague - Sullivan to Corbin Preservation 23 Sullivan -Wellesley Intersection Imp Project Primary Source STP(U) TA CMAQ City CMAQ TA TIB TIB City STP(U) STP(U) City Amount 78 11 109 2,200 24 68 102 309 152 24 22 Total Amount 576 87 809 2,200 180 500 512 1,543 152 177 160 2018 Totals: $3,099 $6,896 Projects and timeframes identified in the TIP are to be considered estimates only that may change due to a variety of circumstances, and are not intended by the City to be relied upon by property owners or developers in making development decisions. Added Projects are shown in Green Funded Projects are shown in Blue Thursday, April 30, 2015 Page 1 of 2 2010 Item # Project Name 13 Opportunity Elementary, SRTS 17 Appleway Trail - Evergreen to Sullivan 18 Appleway Trail - University Rd. to Balfour Park 19 Argonne Road Concrete Pavement - 1-90 to Montgomery 20 Broadway Improvement Project - Flora to Barker 21 Citywide Sidewalk Infill Project 22 Sprague - Sullivan to Corbin Preservation 23 Sullivan -Wellesley Intersection Imp Project 24 2019 Street Preservation Project 25 Barker kd Improvements - South City Limits to Appleway 26 Broadway @ Argonne/Mullan Concrete Intersections (CN Only) 27 Evergreen & Broadway ITS 28 Mission Ave. - Flora Rd. to Barker Rd. (CN) 29 Park Road #2 - Broadway to Indiana (RW & CN) 30 Pines (SR27)/ BNSF Underpass - (PE only) Primary Source TA CMAQ TA TIB TIB City STP(U) STP(U) City TIB STP(U) CMAQ STP(U) STP(U) Other Fed City Amount 54 216 94 642 833 848 215 216 2,200 47 230 17 499 20 128 Total Amount 398 1,600 700 3,211 4,163 848 1,593 1,600 2,200 351 1,703 125 3,697 150 1,501 2019 Totals: $6,259 $23,840 2020 item # Project Name 25 Barker Rd Improvements - South City Limits to Appleway 27 Evergreen & Broadway ITS 29 Park Road #2 - Broadway to Indiana (RW & CN) 30 Pines (SR27)/ BNSF Underpass - (PE only) 31 2020 Street Preservation Project 32 Appleway Trail - Sullivan to Corbin 33 Barker Rd - Euclid to 0.1 mi. S. of Trent Ave (SR290) 34 Barker Rd Improvement Project - Appleway to I- 90 Primary Source TIB CMAQ STP(U) Other Fed City CMAQ TIB STP(U) City Amount 338 95 388 128 2,200 27 114 167 Total Amount 2,502 705 2,877 1,501 2,200 200 571 1,232 2020 Totals: $3,457 $11,788 2021 Item # Project Name 32 Appleway Trail - Sullivan to Corbin 33 Barker Rd - Euclid to 0.1 mi. S. of Trent Ave (SR290) 34 Barker Rd Improvement Project - Appleway to I- 90 35 2021 Street Preservation Project 36 Barker Rd Improvement Project - Spokane River to Euclid 37 Barker Road / BNSF Grade Separation Primary Source CMAQ TIB STP(U) City TIB Other State City Amount 297 723 324 2,200 52 308 Total Amount 2,200 3,613 2,397 2,200 403 1,988 2021 Totals: $3,904 $12,801 Projects and timeframes identified in the TIP are to be considered estimates only that may change due to a variety of circumstances, and are not intended by the City to be relied upon by property owners or developers in making development decisions. Added Projects are shown in Green Funded Projects are shown in Blue Thursday, April 30, 2015 Page 2 of 2 CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: May 5, 2015 Check all that apply: ['consent ❑ old business ❑ information ❑ admin. report Department Director Approval: El ® new business ❑ public hearing ❑ pending legislation ❑ executive session AGENDA ITEM TITLE: Contract for the Update of the Comprehensive Plan GOVERNING LEGISLATION: The Growth Management Act (GMA) RCW 36.70A. PREVIOUS COUNCIL ACTION TAKEN: None BACKGROUND: Per RCW 36.70A.130(1), every county and city in the state is required to conduct an update of its Comprehensive Plan and development regulations every eight years. Although the City of Spokane Valley's update is due no later than June 30, 2017, the City began the process in 2014. The update of the Comprehensive Plan will be completed in four phases. For the first phase, Development of Public Participation Program and Community Visioning, the City selected Van Ness Feldman. The tasks in this phase consisted of compiling existing conditions and documents, developing the Public Participation Program, and completing the community visioning process. These tasks were completed in April 2015. The second phase, Analytics, Citizen -Initiated Amendment Request (CAR) and Plan Audit, will consist of preparing Land Quantity Analysis (LQA) information, preparing and analyzing existing conditions, assisting with the CAR process, conducting a Comprehensive Plan audit, and providing recommendations on the State Environmental Protection Policy Act (SEPA) Threshold Determination. In the third phase, a Consultant will conduct subarea analysis, develop a draft plan and regulations and initiate the SEPA environmental review process. In the final phase, a Consultant will develop the final Comprehensive Plan and regulations, develop an economic development strategic plan and finalize SEPA documents. Staff has selected Van Ness Feldman to complete the second phase of the plan update. OPTIONS: Discussion RECOMMENDED ACTION OR MOTION: Discussion BUDGET/FINANCIAL IMPACTS: The total contract amount for the first phase of the Comprehensive Plan update was $108,000. The contract amount for the second phase of the Comprehensive Plan update is $127,000. STAFF CONTACT: John Hohman, Community and Economic Development Director ATTACHMENTS: Professional Services Agreement AGREEMENT FOR PROFESSIONAL SERVICES Van Ness Feldman Comprehensive Plan Update Analytics, Citizen -Initiated Amendment Request and Plan Audit THIS AGREEMENT is made by and between the City of Spokane Valley, a code City of the State of Washington, hereinafter "City" and Van Ness Feldman, hereinafter "Consultant," jointly referred to as "Parties." IN CONSIDERATION of the terms and conditions contained herein, the Parties agree as follows: 1. Work to Be Performed. Consultant shall provide all labor, services and material to satisfactorily complete the attached Scope of Services. A. Administration. The City Manager or designee shall administer and be the primary contact for Consultant. Prior to commencement of work, Consultant shall contact the City Manager or designee to review the Scope of Services, schedule and date of completion. The Scope of Services is attached hereto as Exhibit A. Upon notice from the City Manager or designee, Consultant shall commence work, perform the requested tasks in the Scope of Services, stop work and promptly cure any failure in performance under this Agreement. B. Representations. City has relied upon the qualifications of Consultant in entering into this Agreement. By execution of this Agreement, Consultant represents it possesses the ability, skill and resources necessary to perform the work and is familiar with all current laws, rules and regulations which reasonably relate to the Scope of Services. No substitutions of agreed-upon personnel shall be made without the prior written consent of City. Consultant represents that the compensation as stated in paragraph 3 is adequate and sufficient compensation for its timely provision of all professional services required to complete the Scope of Services under this Agreement. Consultant shall be responsible for the technical accuracy of its services and documents resulting therefrom, and City shall not be responsible for discovering deficiencies therein. Consultant shall correct such deficiencies without additional compensation except to the extent such action is directly attributable to deficiencies in City furnished information. C. Standard of Care. Consultant shall exercise the degree of skill and diligence normally employed by professional consultants engaged in the same profession, and performing the same or similar services at the time such services are performed. D. Modifications. City may modify this Agreement and order changes in the work whenever necessary or advisable. Consultant will accept modifications when ordered in writing by the City Manager or designee. Compensation for such modifications or changes shall be as mutually agreed between the Parties. Consultant shall make such revisions in the work as are necessary to correct errors or omissions appearing therein when required to do so by City without additional compensation. 2. Term of Contract. This Agreement shall be in full force and effect upon execution and shall remain in effect until completion of all contractual requirements have been met as determined by City. Consultant shall Agreement for Professional Services Page 1 of 7 complete its work by December 31ST, 2015, unless the time for performance is extended in writing by the Parties. Either Party may terminate this Agreement for material breach after providing the other Party with at least ten days' prior notice and an opportunity to cure the breach. City may, in addition, terminate this Agreement for any reason by ten days' written notice to Consultant. In the event of termination without breach, City shall pay Consultant for all work previously authorized and satisfactorily performed prior to the termination date. 3. Compensation. City agrees to pay Consultant an agreed upon hourly rate up to a maximum amount of $127,000 as full compensation for everything done under this Agreement, as set forth in Exhibit B. Consultant shall not perform any extra, further or additional services for which it will request additional compensation from City without a prior written agreement for such services and payment therefore. 4. Payment. Consultant shall be paid monthly upon presentation of an invoice to City. Applications for payment shall be sent to the City Finance Department at the below stated address. City reserves the right to withhold payment under this Agreement for that portion of the work (if any) which is determined in the reasonable judgment of the City Manager or designee to be noncompliant with the Scope of Services, City standards, City Code, and federal or state standards. 5. Conflicts. To comply with the Washington Rules of Professional Conduct (RPCs), Consultant maintains a conflict of interest index identifying all of Consultant's current and former clients. Based on the scope of representation in Exhibit A, Consultant reviewed the City against Consultant's conflict of interest index. Consultant has four existing clients that required further review. These entities are listed in Exhibit C. Consultant has conducted an internal review has determined that there is no current conflict of interest, but that a potential conflict could potentially arise. Consultant has also concluded that it is reasonable for Consultant to represent the City of Spokane Valley and the entities listed in Exhibit C upon full disclosure and written consent. Exhibit C provides full disclosure of the representation of the entities listed and the Consultant's analysis of the potential for conflicts. By signing this contract, City confirms in writing its informed consent to the continued representation of the entities listed in Exhibit C. Specifically, City agrees that Consultant's continued work for entities listed in Exhibit C is on matters unrelated to Consultant's work for the City and would not materially limit Consultant's responsibilities to the City and further would not materially limit Consultant's responsibilities to the entities listed in Exhibit C. 5. Notice. Notices other than applications for payment shall be given in writing as follows: TO THE CITY: Name: Christine Bainbridge, City Clerk Phone: (509) 921-1000 Address: 11707 East Sprague Ave, Suite 106 Spokane Valley, WA 99206 TO THE CONSULTANT: Name: Van Ness Feldman, Tadas Kisielius Phone: (206) 623-9372 Address: Millennium Tower 719 Second Avenue, Suite 1150 Seattle, WA 98104 6. Applicable Laws and Standards. The Parties, in the performance of this Agreement, agree to comply with all applicable federal, state, and local laws and regulations. Consultant warrants that its designs, construction Agreement for Professional Services Page 2 of 7 documents, and services shall conform to all federal, state and local statutes and regulations. 7. Certification Regarding Debarment, Suspension, and Other Responsibility Matters — Primary Covered Transactions. A. By executing this Agreement, the Consultant certifies to the best of its knowledge and belief, that it and its principals: 1. Are not presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from covered transactions by any federal department or agency; 2. Have not within a three-year period preceding this proposal been convicted of or had a civil judgment rendered against them for commission or fraud or a criminal offense in connection with obtaining, attempting to obtain, or performing a public (federal, state, or local) transaction or contract under a public transaction; violation of federal or state antitrust statues or commission of embezzlement, theft, forgery, bribery, falsification or destruction of records, making false statements, or receiving stolen property; 3. Are not presently indicted for or otherwise criminally or civilly charged by a governmental entity (federal, state, or local) with commission of any of the offenses enumerated in paragraph (A)(2) of this certification; and 4. Have not within a three-year period preceding this application/proposal had one or more public transactions (federal, state, or local) terminated for cause or default. B. Where the prospective primary participant is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this Agreement. 8. Relationship of the Parties. It is understood, agreed and declared that Consultant shall be an independent contractor, and not the agent or employee of City, that City is interested in only the results to be achieved, and that the right to control the particular manner, method and means in which the services are performed is solely within the discretion of Consultant. Any and all employees who provide services to City under this Agreement shall be deemed employees solely of Consultant. The Consultant shall be solely responsible for the conduct and actions of all its employees under this Agreement and any liability that may attach thereto. 9. Ownership of Documents. All drawings, plans, specifications, and other related documents prepared by Consultant under this Agreement are and shall be the property of City, and may be subject to disclosure pursuant to chapter 42.56 RCW or other applicable public record laws. The written, graphic, mapped, photographic, or visual documents prepared by Consultant under this Agreement shall, unless otherwise provided, be deemed the property of City. City shall be permitted to retain these documents, including reproducible camera-ready originals of reports, reproduction quality mylars of maps, and copies in the form of computer files, for the City's use. City shall have unrestricted authority to publish, disclose, distribute and otherwise use, in whole or in part, any reports, data, drawings, images or other material prepared under this Agreement, provided that Consultant shall have no liability for the use of Consultant's work product outside of the scope of its intended purpose. It is further agreed that after the conclusion of this matter, Consultant will offer to return any files to the City. If Consultant does not receive instructions as to the disposition of these files within 60 days after said offer, it is agreed that Consultant need not retain such files for more than 3 years or other time period required for specific categories of documents under the document retention schedule for public documents established by the Secretary of State. After that time, Consultant may destroy all such materials that do not have intrinsic Agreement for Professional Services Page 3 of 7 value. City further agrees that Consultant may retain a copy of materials in such files at its own expense. 10. Records. The City or State Auditor or any of their representatives shall have full access to and the right to examine during normal business hours all of Consultant's records with respect to all matters covered in this Agreement. Such representatives shall be permitted to audit, examine and make excerpts or transcripts from such records and to make audits of all contracts, invoices, materials, payrolls and record of matters covered by this Agreement for a period of three years from the date final payment is made hereunder. 11. Insurance. Consultant shall procure and maintain for the duration of the Agreement, insurance against claims for injuries to persons or damage to property which may arise from or in connection with the performance of the work hereunder by Consultant, its agents, representatives, employees or subcontractors. A. Minimum Scope of Insurance. Consultant shall obtain insurance of the types described below: 1. Automobile liability insurance covering all owned, non -owned, hired and leased vehicles. Coverage shall be written on Insurance Services Office (ISO) form CA 00 01 or a substitute form providing equivalent liability coverage. If necessary, the policy shall be endorsed to provide contractual liability coverage. 2. Commercial general liability insurance shall be written on ISO occurrence form CG 00 01 and shall cover liability arising from premises, operations, independent contractors and personal injury and advertising injury. City shall be named as an insured under Consultant's commercial general liability insurance policy with respect to the work performed for the City. 3. Workers' compensation coverage as required by the industrial insurance laws of the State of Washington. 4. Professional liability insurance appropriate to Consultant's profession. B. Minimum Amounts of Insurance. Consultant shall maintain the following insurance limits: 1. Automobile liability insurance with a minimum combined single limit for bodily injury and property damage of no less than $1,000,000 per accident. 2. Commercial general liability insurance shall be written with limits no less than $1,000,000 each occurrence, $2,000,000 general aggregate. 3. Professional liability insurance, if applicable, shall be written with limits no less than $1,000,000 per claim and $1,000,000 policy aggregate limit. C. Other Insurance Provisions. The insurance policies are to contain, or be endorsed to contain, the following provisions for automobile liability, professional liability and commercial general liability insurance: 1. Consultant's insurance coverage shall be primary insurance with respect to the City. Any insurance, self-insurance, or insurance pool coverage maintained by City shall be in excess of Consultant's insurance and shall not contribute with it. Agreement for Professional Services Page 4 of 7 2. Consultant shall fax or send electronically in .pdf format a copy of insurer's cancellation notice within two business days of receipt by Consultant. D. Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best rating of not less than A:VII. E. Evidence of Coverage. As evidence of the insurance coverages required by this Agreement, Consultant shall furnish acceptable insurance certificates to the City Clerk at the time Consultant returns the signed Agreement, which shall be Exhibit C. The certificate shall specify all of the parties who are additional insureds, and shall include applicable policy endorsements, and the deduction or retention level. Insuring companies or entities are subject to City acceptance. If requested, complete copies of insurance policies shall be provided to City. Consultant shall be financially responsible for all pertinent deductibles, self-insured retentions, and/or self-insurance. 12. Indemnification and Hold Harmless. Consultant shall, at its sole expense, defend, indemnify and hold harmless City and its officers, agents, and employees, from any and all claims, actions, suits, liability, loss, costs, attorney's fees and costs of litigation, expenses, injuries, and damages of any nature whatsoever relating to or arising out of the wrongful or negligent acts, errors or omissions in the services provided by Consultant, Consultant's agents, subcontractors, subconsultants and employees to the fullest extent permitted by law, subject only to the limitations provided below. Consultant's duty to defend, indemnify and hold harmless City shall not apply to liability for damages arising out of such services caused by or resulting from the sole negligence of City or City's agents or employees. Consultant's duty to defend, indemnify and hold harmless City against liability for damages arising out of such services caused by the concurrent negligence of (a) City or City's agents or employees, and (b) Consultant, Consultant's agents, subcontractors, subconsultants and employees, shall apply only to the extent of the negligence of Consultant, Consultant's agents, subcontractors, subconsultants and employees. Consultant's duty to defend, indemnify and hold City harmless shall include, as to all claims, demands, losses and liability to which it applies, City's personnel -related costs, reasonable attorneys' fees, and the reasonable value of any services rendered by the office of the City Attorney, outside consultant costs, court costs, fees for collection, and all other claim -related expenses. Consultant specifically and expressly waives any immunity that may be granted it under the Washington State Industrial Insurance Act, Title 51 RCW. These indemnification obligations shall not be limited in any way by any limitation on the amount or type of damages, compensation or benefits payable to or for any third party under workers' compensation acts, disability benefit acts, or other employee benefits acts. Provided, that Consultant's waiver of immunity under this provision extends only to claims against Consultant by City, and does not include, or extend to, any claims by Consultant's employees directly against Consultant. Consultant hereby certifies that this indemnification provision was mutually negotiated. 13. Waiver. No officer, employee, agent or other individual acting on behalf of either Party has the power, right or authority to waive any of the conditions or provisions of this Agreement. No waiver in one instance shall be held to be a waiver of any other subsequent breach or nonperformance. All remedies afforded in this Agreement or by law, shall be taken and construed as cumulative, and in addition to every other remedy provided herein or by law. Failure of either Party to enforce at any time any of the provisions of this Agreement or to require at any time performance by the other Party of any provision hereof shall in no way be Agreement for Professional Services Page 5 of 7 construed to be a waiver of such provisions nor shall it affect the validity of this Agreement or any part thereof. 14. Assignment and Delegation. Neither Party shall assign, transfer, or delegate any or all of the responsibilities of this Agreement or the benefits received hereunder without first obtaining the written consent of the other Party. 15. Subcontracts. Except as otherwise provided herein, Consultant shall not enter into subcontracts for any of the work contemplated under this Agreement without obtaining prior written approval of City. 16. Confidentiality. Consultant may, from time to time, receive information which is deemed by City to be confidential. Consultant shall not disclose such information without the prior express written consent of City or upon order of a court of competent jurisdiction. 17. Jurisdiction and Venue. This Agreement is entered into in Spokane County, Washington. Disputes between City and Consultant shall be resolved in the Superior Court of the State of Washington in Spokane County. Notwithstanding the foregoing, Consultant agrees that it may, at City's request, be joined as a party in any arbitration proceeding between City and any third party that includes a claim or claims that arise out of, or that are related to Consultant' s services under this Agreement. Consultant further agrees that the Arbitrator(s) decision therein shall be final and binding on Consultant and that judgment may be entered upon it in any court having jurisdiction thereof. 18. Cost and Attorney's Fees. The prevailing party in any litigation or arbitration arising out of this Agreement shall be entitled to its attorney' s fees and costs of such litigation (including expert witness fees). 19. Entire Agreement. This written Agreement constitutes the entire and complete agreement between the Parties and supersedes any prior oral or written agreements. This Agreement may not be changed, modified or altered except in writing signed by the Parties hereto. 20. Anti -kickback. No officer or employee of City, having the power or duty to perform an official act or action related to this Agreement shall have or acquire any interest in this Agreement, or have solicited, accepted or granted a present or future gift, favor, service or other thing of value from any person with an interest in this Agreement. 21. Business Registration. Prior to commencement of work under this Agreement, Consultant shall register with the City as a business. 22. Severability. If any section, sentence, clause or phrase of this Agreement should be held to be invalid for any reason by a court of competent jurisdiction, such invalidity shall not affect the validity of any other section, sentence, clause or phrase of this Agreement. 23. Exhibits. Exhibits attached and incorporated into this Agreement are: A. Scope of Services B. Fee proposal C. Review for Conflicts of Interest D. Insurance Certificates The Parties have executed this Agreement this _ day of 20 . Agreement for Professional Services Page 6 of 7 CITY OF SPOKANE VALLEY Consultant: Mike Jackson, City Manager By: Its: Authorized Representative ATTEST: APPROVED AS TO FORM: Christine Bainbridge, City Clerk Office of the City Attorney Agreement for Professional Services Page 7 of 7 EXHIBIT — A COMPREHENSIVE PLAN UPDATE SCOPE OF SERVICES 1.0 ADOPTION SCHEDULE The City of Spokane Valley is updating its Comprehensive Plan in conformance with RCW 36.70A.130(5).. The update will consist of four major phases: 1. Development of public participation program and community visioning, the Consultant compiled existing conditions and documents, developed the Public Participation Program, and completed the community visioning process. These tasks are detailed in Exhibit 1. 2. Analytics, Citizen -Initiated Amendment Request (CAR) and Plan audit. In this phase, the Consultant will prepare Land Quantity Analysis (LQA) information, prepare existing conditions information, assist with the Citizen -Initiated Amendment Request (CAR) process, conduct a Comprehensive Plan audit, and provide recommendation on the SEPA Threshold Determination. The scope of work is detailed in Section 2 below. These tasks are anticipated to be completed by July 2015. 3. Development of draft plan and regulations. The Consultant will prepare the draft Comprehensive Plan elements, any related required draft regulations, and initiate the State Environmental Protection Policy Act (SEPA) environmental review process. 4. Development of final plan and regulations. The Consultant will prepare the Final Comprehensive Plan, regulations to implement the Comprehensive Plan, economic development strategic plan, and final SEPA documents. 2.0 ANALYTICS, CAR AND PLAN AUDIT - SCOPE OF SERVICES These tasks advance the update of the Comprehensive Plan from public visioning to more detailed analysis of the City's opportunities and challenges. 2.1 Land Quantity Analysis $1,500 1. Provide estimates of household demand by unit type based on city population targets. 2. Provide estimates of employment demand by type based on employment targets. 3. Technical support needed to implement the LQA and provide refinements based on results. 2.2 Analytics $15,000 1. Targeted analysis examining the "performance" of local zoning regulations in office, multi- family, and mixed-use zones. This analysis will feed into Task 2.3. This will include: • Development absorption analysis of residential, retail, office, and industrial products • Market assessment review of rents and occupancy trends • Pro -forma analysis of new office, retail, and multifamily residential prototypes • Assessment of buildable lands for development readiness, sorting by land value, vacant, redevelopable, size, access to utilities, and transportation access. 2. Baseline data analyses and representation of housing and economic trends. These analyses will cover trends in local GDP, employment, housing development, housing characteristic, taxable retail sales, and commute patterns. 3. Determine if the City provides the right mix of housing to support its economic objectives. 4. Review market conditions to identify existing or emerging economic development opportunities for the City. 5. Assess if there is a deficiency of regional facilities that enhance recreation, tourism, or the arts, if any. 6. Identify if there is an adequate supply of appropriately zoned land to support future commercial and manufacturing development and tourism oriented industries. If deficits or saturation exists in either provide suggestions for modification. 2.3 Existing Conditions Information $41,000 Consultant shall prepare initial existing conditions information to be used in an expanded SEPA checklist or EIS document. The information will relate to existing conditions and trends affecting the City's future as well as identify challenges and opportunities. Existing Conditions information will create a better understanding of Spokane Valley's past growth and identify potential areas for more focused planning. 1. Prepare existing conditions information related to Spokane Valley's demographics, economy, land use patterns, housing stock, transportation system, employment growth and growth trends. 2. Identify opportunities and constraints in the community which may affect the development of goals and policies in the Comprehensive Plan. 2.4 Citizen -Initiated Amendment Request (CAR) $20,000 1. Consultant shall assist in application completeness determinations as needed. 2. Consultant shall develop criteria for staff to use in review of CAR applications. 3. Consultant shall assist in the development of a staff report. 4. Consultant shall attend one Planning Commission public hearing and one City Council public hearing. Attendance at other meetings, if requested, will require a budget amendment. 5. Consultant shall provide documentation of Planning Commission and City Council recommendation for proceedings. 2.5 Comprehensive Plan Audit $21,000 1. Consultant shall conduct an audit of the existing Comprehensive Plan, including review of goals and policies, to identify which goals and/or policies will be revised, kept, moved, or added. 2. Consultant shall develop a spreadsheet to track proposed changes to goals and policies. 2.6 Public Meeting $19,000 As part of the public engagement process, a meeting shall be held for this phase. 1. Consultant shall prepare public meeting materials, including information related to goals and policies of the Comprehensive Plan and information related to CAR applications received. 2. Consultant shall facilitate public meeting, which will include presentations and topical exercises. 3. The Consultant shall discuss public input received with City staff. 2.7 SEPA Documentation Recommendation $7,000 1. The Consultant shall provide a recommendation on the SEPA Threshold Determination, including input on whether an expanded SEPA checklist or EIS document should be prepared. 2.8 Travel Fees $2,500 3.0 NEXT PHASE COMPREHENSIVE PLAN SCOPE OF WORK 1. The Consultant shall determine what sections of the Comprehensive Plan are required by the GMA to be updated and develop a Scope of Work for completing the update to the Comprehensive Plan and Development Regulations. 4.0 CITY RESPONSIBILITIES 1. City staff shall create the required Geographic Information System (GIS) datasets for the LQA methodology, zoning, and land use. The City will create and print all maps associated with the update. 2. The City shall maintain the project record and provide a copy of the index to the Consultant team on a quarterly basis. 3. The City shall maintain a public comment matrix to track all input received and shall provide a copy of the matrix to the Consultant team on a quarterly basis. 4. The City shall maintain a mailing list of project stakeholders. EXHIBIT B: FEE SCHEDULE The consulting services required will be billed on an hourly basis. Hourly Rates ATTORNEY Jay Derr $375 Tadas Kisielius $280 Senior Associate $240 Junior Associate $225 PLANNING Senior Planner $ 185 Planner $ 160 SUPPORT Planning Assistant/Paralegal $ 100 Graphics $ 60 Exhibit 2- Fee Schedule EXHIBIT C: REVIEW FOR CONFLICTS Rule 1.7 of the Rules of Profession Conduct define a concurrent conflict of interest as a situation in which the representation of one client will be directly adverse to another client or there is a significant risk that the representation of one or more clients will be materially limited by the lawyer's representation to another client. Notwithstanding the existence of a concurrent conflict of interest a lawyer may nevertheless represent a client if: (1) The lawyer reasonably believes that the lawyer will be able to provide competent and diligent representation to each affected client; (2) The representation is not prohibited by law; (3) The representation does not involve the assertion of a claim by one client against another client represented by the lawyer in the same litigation or another proceeding before a tribunal; and (4) Each affected client gives informed consent, confirmed in writing (following authorization from the other client to make any required disclosures). Consultant has conducted an internal review and identified four existing clients with which there is no current conflict, but for which there is a potential for a conflict to arise. Upon deliberation and review Consultant has concluded that it is reasonable to represent the City of Spokane Valley and the entities listed below upon full disclosure and written consent. The following descriptions provide full disclosure of the Consultant's representation of these four entities and Consultant's analysis of the potential conflicts. 1. Avista. Van Ness Feldman represents Avista in the defense of claims made by a number of northwest parties concerning power sales made from approximately 2000 to 2001. Additionally, Van Ness Feldman occasionally represents Avista with respect to federal regulatory obligations associated with its natural gas and electric utility businesses including: counseling regarding federal utility regulations; advocacy before the Federal Energy Regulatory Commission; and commercial transactions related to these regulatory obligations. Consultant has not represented Avista on local land use matters in Washington. However, because both the City and Avista are current clients, there is a potential for a conflict to arise. Consultant has not and will not represent Avista on matters related to land use issues in the City of Spokane Valley, unless the City consents, in writing to such representation in the future. During the term of this Contract, Consultant cannot represent the City adverse to Avista, without Avista's informed written consent. With that limitation, Consultant's representation of the City of Spokane Valley with regard to long range planning issues and project review would not materially limit Consultant's responsibilities to A vista. Similarly, Consultant's continued work for Avista on federal regulatory obligations associated with its natural gas and electric utility businesses is unrelated to Consultant's work for Spokane Valley and would not materially limit Consultant's responsibilities to Spokane Valley. 2. Central Premix. Exhibit 4- Review for Conflicts Consultant currently represents Central Premix in connection with permitting and operation of its facilities outside of the City of Spokane Valley. Consultant has not represented and will not represent Central Premix in relation to its existing facilities and operations in the City during the term of this Contract, unless the City consents, in writing to such representation in the future. Central Premix has recently filed a Citizen Amendment Request (CAR) to be considered by the City during the Comprehensive Plan update and the City's update may include consideration of policies and regulations related to mineral resource lands. After an internal review, we have made the determination that we could proceed with our representation of the City in the Comprehensive Plan update upon full disclosure and the written consent of each client. Consultant's representation of the City of Spokane Valley with regard to long range planning issues and project review, including consideration of Central Premix's CAR and mineral resource policies and regulations, would not materially limit Consultant's responsibilities to Central Premix on matters outside the City. Similarly, Consultant's continued work for Central Premix in connection with permitting and operation of its facilities outside of the City is unrelated to Consultant's work for Spokane Valley and would not materially limit Consultant's responsibilities to Spokane Valley. Central Premix has already provided its written consent to our continued representation of the City on the Comprehensive Plan update, including consideration of Central Premix's CAR and mineral resource policies and regulations, generally. 3. Imperium Terminal Services and Tesoro Savage Petroleum Terminal LLC. Consultant represents applicants for two independent marine terminal development projects ("Projects") outside of the City in Western Washington that will receive, store and transfer crude oil: Tesoro Savage Petroleum Terminal LLC ("Tesoro/Savage"), whose project is in Vancouver, Washington, and Imperium Terminal Services ("Imperium"), whose project is in Hoquiam. Consultant's representation of each terminal operator only involves the terminal site and operation of those facilities at those locations. These Projects have no involvement with the rail operations delivering materials to the facilities, nor with the shippers of the commodity. However, if constructed, customers using the facilities will ship crude oil by rail from various locations that will most likely travel along the rail line that runs through the City of Spokane Valley. In light of the public attention on these Projects, Consultant is acting out of an abundance of caution at this early stage to disclose Consultant's representation of Tesoro/Savage and Imperium and to seek City's consent for our continued representation related to the Projects. Consultant's representation of Imperium and Tesoro/Savage on their Projects, or with any other client with a project located outside of the City that relies on rail service that may pass through the City, is entirely unrelated to Consultant's representation of the City of Spokane Valley on land use related issues. Consultant's representation of Tesoro/Savage and Imperium includes permitting for the Projects, associated environmental review, and any resulting litigation. Consultant has and will not during the term of this contract represent the City on any issues related to these two Projects, which are proposed in different jurisdictions in western Washington. Any potential City concerns would relate solely to indirect rail impacts from railroad operations that are not directly part of the Project and over which Tesoro/Savage and Imperium have no control. Consultant's representation of the City of Spokane Valley with regard to land use issues would not materially limit Consultant's responsibilities to Tesoro/Savage and Imperium, or to any other client outside of the City that relies on rail service that may pass through the City, regardless of the City's position on the Projects. Similarly, Consultant's continued work for Tesoro/Savage, Imperium, or any other or any other client project located outside of the City that relies on rail service that may pass through the City, on the permitting, environmental review and litigation associated with the Projects is unrelated to Consultant's work for the City of Spokane Valley and would not materially limit Consultant's responsibilities to the City of Spokane Valley. Exhibit 4- Review for Conflicts Client#: 40157 VANNES ACORDir, CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY) 4/28/2015 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER. IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s). PRODUCER CBIZ Insurance Services 9755 Patuxent Woods Drive Suite 200 Columbia, MD 21046 CONTACT Darlene Hall NAME: PHONE FAX (A/C, No, Ext): (A/C, No): E-MAIL ADDRESS: dahall@cbiz.com INSURER(S) AFFORDING COVERAGE NAIL # Hartford Accident & Indemnity INSURER A : •7 22357 INSURED Van Ness Feldman LLP 1050 Thomas Jefferson Street, NW Washington, DC 20007 INSURERB: Hartford Casualty Insurance Co 29424 INSURER C Hartford Fire Insurance Co. 02231 INSURER D : $1,000,000 INSURER E : $700,000 INSURER F : COVERAGES CERTIFICATE NUMBER: REVISION NUMBER: THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. INSRTR TYPE OF INSURANCE NSR WVD POLICY NUMBER POLICY EFF (MM/DDYYY) /Y POLICY EXP (MM/DD/YYYY) LIMITS A GENERAL X LIABILITY COMMERCIAL GENERAL LIABILITY 42UUNUA7515 10/01/2014 10/01/2015 EACH OCCURRENCE $1,000,000 DAMAGE TORENTED $700,000 CLAIMS -MADE X OCCUR MED EXP (Any one person) $10,000 PERSONAL & ADV INJURY $1,000,000 GENERAL AGGREGATE $ 2,000,000 GEN'L AGGREGATE 7 POLICY LIMIT APPLIES PRO JECT X PER: LOC PRODUCTS - COMP/OP AGG $2,000,000 $ A AUTOMOBILE X LIABILITY ANY AUTO ALL OWNED AUTOS HIRED AUTOS X SCHEDULED AUTOS NON -OWNED AUTOS 42UUNUA7515 10/01/2014 10/01/2015 (EaaBccideD) INGLE LIMIT $1,000,000 BODILY INJURY (Per person) $ BODILY INJURY (Per accident) $ PROPERTY DAMAGE (Per accident) $ $ B x UMBRELLA LIAB EXCESS LIAB X OCCUR CLAIMS -MADE 42XHUUG7098 10/01/2014 10/01/2015 EACH OCCURRENCE $15,000,000 AGGREGATE $15,000,000 DED X RETENTION $0 $ C WORKERS COMPENSATION AND EMPLOYERS' LIABILITY ANY PROPRIETOR/PARTNER/EXECUTIVE OFFICER/MEMBER EXCLUDED? (Mandatory in NH) If yes, describe under DESCRIPTION OF OPERATIONS below Y/ N N N / A 42WBCK1795 (DC, CA, ID, NY MA) 10/01/2014 10/01/2015 X ORYLIMITS OTH- ER E.L. EACH ACCIDENT $500,000 E.L. DISEASE - EA EMPLOYEE $500,000 E.L. DISEASE - POLICY LIMIT $500,000 DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (Attach ACORD 101, Additional Remarks Schedule, if more space is required) City of Spokane Valley is included as an Additional Insured under the General Liabi ity insurance when there is a written contract with the policy holder requiring such organization be an Additional Insured. CERTIFICATE HOLDER CANCELLATION City of Spokane Valley Spokane Valley City Hall 11707 E. Sprague Avenue, Suite 106 Spokane Valey, WA 99206 SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS. AUTHORIZED REPRESENTATIVE CBIZ Insurance Services, Inc. ACORD 25 (2010/05) 1 of 1 #S1087244/M977774 © 1988-2010 ACORD CORPORATION. All rights reserved. The ACORD name and logo are registered marks of ACORD OPJG CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: May 5, 2015 Check all that apply: ['consent ❑ old business ❑ information ® admin. report AGENDA ITEM TITLE: Potential Admissions Tax GOVERNING LEGISLATION: RCW 35.21.280 Department Director Approval: ❑ new business ❑ public hearing ❑ pending legislation ❑ executive session PREVIOUS COUNCIL ACTION TAKEN: Council heard discussion of a potential admission tax at its winter retreat on February 17, 2015. BACKGROUND: Pursuant to RCW 35.21.280, the City is authorized to levy and impose a tax in an amount no greater than five percent on the admission charge for any place. The Attorney General has opined that "any place" is any amusement location. The tax cannot be levied on schools. The admissions tax cannot be levied on any facility of a public facility district for which the district has levied an admissions tax, unless the city uses the admissions tax revenue to pay for construction, operation, maintenance, repair, replacement, or enhancement of that public facility or to develop programs to support that public facility. The tax may be imposed on the following types of admission charges: 1. A charge made for season tickets or subscriptions; 2. A cover charge, or a charge made for use of seats and tables reserved or otherwise, and other similar accommodations; 3. A charge made for food and refreshment in any place where free entertainment, recreation or amusement is provided; 4. A charge made for rental or use of equipment or facilities for purposes of recreation or amusement; if the rental of the equipment or facilities is necessary to the enjoyment of a privilege for which a general admission is charged, the combined charges shall be considered as the admission charge; 5. Automobile parking charges if the amount of the charge is determined according to the number of passengers in the automobile. The City has broad authority to make distinctions and levy the admissions tax to some places but exclude others. To do so, there must be a reasonable basis for the distinction and the distinction must have a rational basis to the purpose of the legislation. For example, if the City imposed the admissions tax on movie theaters, it could exempt nonprofit tax-exempt organizations showing motion pictures from the admissions tax. Other examples that courts have upheld include admission fees on amusement and recreation activities such as golf, ski lifts, skating, and billiards, but exempting bowling; and a distinction between floating hotels and hotels on land. The admission tax must be collected, administered and audited by the city imposing the tax. Admission tax revenues may be used for any general governmental purpose unless levied on a public facilities district facility as discussed above. Regionally, the City of Spokane imposes an admissions tax of five percent on the admission charge for anyone paying an admission charge to any place or event. The admissions tax for events held at the Convention Center, Inland NW Performing Arts Center and Veterans Memorial Arena is paid to the Spokane Public Facilities District. Spokane has certain exemptions for activities of nonprofit organizations and certain small events or admission charges. SMC 8.03. The City of Airway Heights imposes an admissions tax of five percent on admission charges for anyone paying an admission charge to any "theater, dance hall, amphitheater, auditorium, stadium, athletic pavilion, or field, baseball or athletic park, golf course or driving range, circus sideshow, outdoor amusement park, other amusement rides, or other similar attraction and events." There do not appear to be any specific exemptions. AHMC 3.40. It does not appear that the City of Liberty Lake imposes an admissions tax. Typically, the admissions tax is imposed broadly and specified uses are then exempted out (e.g., nonprofits or motion picture theaters). It may be more difficult for the City to demonstrate a rational basis to impose the tax on only one place or event and exclude all other places or events from the tax. OPTIONS: Discussion. RECOMMENDED ACTION OR MOTION: Discussion. BUDGET/FINANCIAL IMPACTS: Unknown at this time. STAFF CONTACT: Erik Lamb, Deputy City Attorney ATTACHMENTS: N/A May 19, 2015 No Meeting May 26, 2015 No Meeting To: From: Re: DRAFT ADVANCE AGENDA For Planning Discussion Purposes Only as of April 29, 2015; 10:00 a.m. Please note this is a work in progress; items are tentative Council & Staff City Clerk, by direction of City Manager Draft Schedule for Upcoming Council Meetings May 12, 2015, Formal Meeting Format, 6:00 p.m. [due Mon, May 4] 1. Consent Agenda (claims, payroll, minutes) (5 minutes) 2. Second Reading Ordinance 15-011 Avista Electrical Franchise — Cary Driskell (10 minutes) 3. Second Reading Ordinance 15-012 Gambling Tax Amendment to SVMC 3.25 — Mark Calhoun(10 minutes) 4. Motion Consideration: Prosecutor Services Interlocal Amendment — John Pietro, M Koudelka (10 minutes) 5. Motion Consideration: Comp Plan Update — Land Quantity & Market Analysis — John Hohman(10 minutes) 6. Admin Report: Advance Agenda (5 minutes) [*estimated meeting: 50 minutes] June 2, 2015, Study Session Format, 6:00 p.m. 1. Admin Report: Sidewalks and Developments — Eric Guth 2. Admin Report: Bus Shelter Plan — Eric Guth 3. Admin Report: Historic Preservation — Gloria Mantz 4. Admin Report: Tourism Promotion Area (TPA) — Erik Lamb 5. Admin Report: Comp Plan/Citizen Amendment Request — John Hohman 6. Advance Agenda [due Mon, May 25] (10 minutes) (20 minutes) (20 minutes) (10 minutes) (15 minutes) (5 minutes) 80 minutes] [*estimated meeting: June 9, 2015, Formal Meeting Format, 6:00 p.m. 1. PUBLIC HEARING: Proposed 2016-2021 Six Year TIP — Steve Worley 2. Consent Agenda (claims, payroll, minutes) 3. Motion Consideration: 2016-2021 Stormwater CIP — Eric Guth 4. Motion Consideration: Comp Plan/Citizen Amendment Request — John Hohman 5. Admin Report: WSDOT Presentation — I-90/Barker Interchange — DOT Rep (Eric Guth) 6. Admin Report: Advance Agenda 7. Info Only: Mansfield Avenue Connection Project #0156 — [due Mon, June 1] (20 minutes) (5 minutes) (10 minutes) (15 minutes) (20 minutes) (5 minutes) Steve Worley [*estimated meeting: 75 minutes] June 16, 2015, Special Meeting: Budget Workshop, 8:30 a.m. to 4:00 p.m. Spokane Valley Council Chambers No evening meeting June 16, 2015 June 23, 2015, Formal Meeting Format, 6:00 p.m. 1. Consent Agenda (claims, payroll, minutes) 2. Proposed Resolution Adopting 2016-2021 Six Year TIP — Steve Worley 3. Motion Consideration: Bid Award for Mansfield Avenue 4. Admin Report: Advance Agenda 5. Info Only: Dept Monthly Reports July 7, 2015, Study Session Format, 6:00 p.m. Draft Advance Agenda 4/30/2015 3:05:03 PM [due Mon, June 8] [due Mon, June 15] (5 minutes) (10 minutes) Connection Project #0156 — S. Worley (15 min) (5 minutes) [due Mon, June 29] Page 1 of 2 1. Advance Agenda July 14, 2015, Formal Meeting Format, 6:00 p.m. 1. Consent Agenda (claims, payroll, minutes) 2. Admin Report: Advance Agenda July 21, 2015, Study Session Format, 6:00 p.m. 1. Advance Agenda July 28, 2015, Formal Meeting Format, 6:00 p.m. 1. Consent Agenda (claims, payroll, minutes) 2. Admin Report: Advance Agenda 3. Info Only: Dept Monthly Reports *time for public or Council comments not included OTHER PENDING AND/OR UPCOMING ISSUES/MEETINGS: Coal/Oil Train Environmental Impact Statement Governance Manual LID (Local Improvement District) Marijuana, Minor in Consumption Nat'l League of Cities (Nashville, Nov 4-7) Outside Agency Presentations (Sept 1) Public Safety Quarterly Costs Referendum Discussion Setback Requirements Used Oil Signage Ordinance (5 minutes) [due Mon, July 6] (5 minutes) (5 minutes) [due Mon, July 13] (5 minutes) [due Mon, June 15] (5 minutes) (5 minutes) [*estimated meeting: minutes] Draft Advance Agenda 4/30/2015 3:05:03 PM Page 2 of 2 Spokane #Valley Operations & Administrative Services' 1st Quarter 2015 Operations & Administrative Services 1st Quarter 2015 ADMINISTRATIVE: • Completed Public Safety Projections and Liability Calculations • Reviewed 2015 Estimated Jail Cost • Finalized Negotiations for Amendment to Prosecutor Agreement • Reviewed and Approved County Workload Analysis Effective 2015-2017 • Reviewed and Approved District Court 2014 Settle and Adjust Documentation • Finalized Precinct Building 2015 Lease and Maintenance Estimate and 2014 Reconciliation for County's Share of 2014 Maintenance • Updated and Presented a New Commute Trip Reduction Plan to Council • Prepared Law Enforcement Cost Breakdown for Winter Workshop • Evaluated Charges for Traffic Signal and Sign Maintenance Charges HUMAN RESOURCES: Recruiting/Employment Activity to Fill Budgeted Positions: Recruitment Filled or Recruiting PT Recreation Assistant — Host Recruiting Permit Facilitator Filled Executive Assistant Filled Office Assistant I — Parks & Rec. Filled Assistant Engineer Filled Recreation Intern Recruiting Economic Development Specialist Recruiting I Recruitment Filled or Recruiting Office Assistant I — Comm. Dev. Recruiting Park Program Lead Recruiting Summer Day Camp Counselor Recruiting Day Camp Asst. Lead Counselor Recruiting Day Camp Lead Counselor Recruiting Park Ambassador Recruiting Page 1 Spokane jUalley Operations & Administrative Services' 1st Quarter 2015 Public Information 1st Quarter 2015 • MEDIA RELATIONS: Media contacts: 22 Does not include those that were subsequently referred to another City resource or multiple contacts on same request. Media releases & traffic: 57 Including: 9 calendar requests, 19 traffic alerts, 0 snow information & 29 regular Earned media stories: 195 Does not include all television/radio/web as not all are available online Equivalent ad value of earned media stories: $20,749.77 This total is just for known broadcast coverage as not all broadcast media make copies available for online retrieval, and calculates blog coverage based on one minimum ad size. Total media stories: 195 Does not include ads, police reports, nor all television/ radio/web as not all are available online. • Citizen Contacts: 72 • Media Release email distribution subscribers: 520 • Traffic Alert email distribution subscribers: 493 • Snowlnfo Email subscribers: 547 • Hot Topic Community ENewsletter Subscribers: 718 • Website Updates: 53 (not including P10 -initiated or those by departments with own posting authority) Areas of Significant Focus: Solid Waste Education planning & CPG application Solid Waste changes City Hall at the Mall State of the City Page 2 Spokane jUalley Operations & Administrative Services' 1st Quarter 2015 Web Site Summary 1st Quarter 2015 1st Quarter 2014 January February March Year to Date Unique User Sessions 13,600 10,283 12,585 36,468 Top Five Pages Viewed Employment 7,058 3,887 5,198 16,143 Police 1,734 1,770 1,905 5,409 Parks & Recreation 1,066 1,521 2,262 4,849 Permit Center 1,285 1,509 1,764 4,558 Maps 1,076 1,133 1,354 3,563 Top Five "Referrer" Web Sites Google 6,267 5,157 6,555 17,979 Spokane County 1,398 460 1,294 3,152 Centerplace 150 93 118 361 County Ideas 123 129 95 347 Spokanecares.org 99 97 126 322 Page 3 S41tn jUalley Operations & Administrative Services' 1st Quarter 2015 CENTRAL RECEPTION 1st Quarter 2015 CALL LOG VOLUME: 1,344 Total Calls VISITOR VOLUME: 597 Total Visitors BUSINESS LICENSES: 397 New & 2,011 Renewals Renewals New 1st Qtr Business Licenses 0 500 1000 1500 2000 2500 New Renewals Page 4 Spokane jUalley 90 80 70 60 50 40 30 20 10 0 ti ��• ���\ Qom oaar �a a Operations & Administrative Services' 1st Quarter 2015 E-GOV C.A.R.E.S. REQUESTS 1st Quarter 2015 6(.,6e, P �• ° Ct �� January Februa ry March Page 5