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2009, 04-07 Study Session AGENll A CITY OF SPOKANE VALLEY CITY COUNCIL WORKSHEFT STUDY SESSXON "I'uesday, April 7, 2009 6:00 p.m. CITY HALL COUNCIL CIIAI4EBERS 11707 East Sprague Avenue, Ficst Floor (Plea.se Sitence Your Cell Phones During the Meeriag) DISCUSSION LEADER SUBJECT/ACTIVITY GOAL ACTION ITEMS: 1. Mike Connelly First Reading Praposed Ordinance 09-007 Suspend Rules, Adopt Providing for Acquisition of Emincnt Dumain Ordinance Re Havana Street Bridge Project [public commeat] Mike Connelly tnterlocal Agreement with City of Spokane Motion Consideration Re Acquisitio❑ of Property, Havana Street Bridge Praject [public comment] 3. Steve Worlev/Neil Kersten Memorandum of Understanding With Spokane Niotian Consideration County for Septic Tank Elirninatioil Program (STEP) [public commentJ REGULAR STUDY SESSI4N ITEMS: 4. Joe Tortorelli, Secretary Stucldeci Tires f)iscu:sion/Infunnation Spokane Area Good Roads Association Christina Janssen 1'ropusecf Batch C'ode Ariiendments D1SCUiSti)IIII[1tQfl11at1Qi1 h, Neii Ker,ten Vl'inter lZoad tilaintenance Discussion; Inf~,rln<itie:►n 7. Lhris E3ainbridge Department of Liccnsing Agreement Discussiun; In(*or,zYation 8. Mike Jacl:son Jus'ce Assistance Grant (JAG) D iscussion/In formation 9. 1L1ayor Munson Advance Apenda Discussion/Information 10. Information Otily Items (will not be discusserl n. r reporled): a.Parks & Rec Xlainlenance Contract Zlpdates c. .4mended 2009 Tra»sportutio►2 Imp►-ov4nlent Progrum h. BunklngA11Ihr71'it1, t%pdule cl. Feclrral L'tlergy EfJ7cienc;, Grarts 11. Councilmeniber; CoLincil E:xternal Committec Rcports Discussioniltlforniation 12. Mayor Munson Council Check in DiscussioniInt'ormation I 3. Dave Merrier City N'[anager Coniments Discussion%Inforniation AllJOURN Note: Unless othenvise nuted above, there will be no public commeats at Council Study Sessions. I-Iowcver, Council ahways reserves the t-ight tu request informAtioo !rom the public and staf'f as apprapriate. During mcetings held by the City of Spokane Vallcy Cauncil, the Council reservcs the right to take "actian" on any item listed or subsequentty added to the agenda. The tenn "action" means tu deliherair, di-scusc, review, consicltr, cvaluatc, or mai:e a collective positive or ne&ative decision. NOTICE: individiiats pianning to atiend the tnetting Hfio require special assistana to accummoJatc physical, h:arir,p, or u~her mnpairT-ler:s, p;case contac: th:: ri:r (-';crk at (509) 921-1000:s.; soon ns possiblc so Ihatarrangcmcnts may E-e made. _ Sticdy Srssion Agenda, Ntanh 31, 2,---C9 f'r:ge 1 of 1 CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: April 7, 2009 City Manager Sign-off Item: Check all that apply ❑ consent ❑ old business [Z new business ❑ public hearing ❑ information ❑ admin report ❑ pending legislation AGENDA ITEM TITLE: First Reading Proposed Ordinance 09-007 relating to exercise of eminent domain authority for Havana Road Bridge GOVERNING LEGISLATION: RCW 39 34, RCW 35A 21.160, RCW 35 22 280(7), RCW 35.22.280(6), RCW 8 12 PREVIOUS COUNCIL ACTION TAKEN: Study session March 31, 2009 BACKGROUND: The City of Spokane is proceeding with the Havana Street Bridge Project The City of Spokane Valley borders but does not include Havana Street. Because of the design requirements, the project requires additional private property adjacent to Havana and located within the City of Spokane Valley Consequently the City of Spokane has asked that we allow the City of Spokane to act as our agents in proceeding with a condemnation action using our Eminent Domain powers All costs will be paid by the City of Spokane Attached is the Interlocal Agreement setting forth the terms of this agreement and the Ordinance. Notice of this action has been provided to the property owners and they are currently in discussions with the City of Spokane. Notice has also been provided to the County who owns a portion of Havana and are involved in the project as well OPTIONS: Request changes to the proposed ordinance, adopt the proposed ordinance as drafted. RECOMMENDED ACTION OR MOTION: I move that we suspend the rules and adopt Ordinance 09-007 as drafted BUDGET/FINANCIAL IMPACTS No fiscal impact to Spokane Valley STAFF CONTACT: Michael F. Connelly, City Attorney ATTACHMENTS: 1 Ordinance 09-007 relating to exercise of eminent domain authority for Havana Road Bridge. DRAFT CITY OF SPOKANE VALLEY SPOKANE COUNTY, WASHINGTON ORDINANCE NO. 09-007 AN ORDINANCE OF THE CITY OF SPOKANE VALLEY, SPOKANE COUNTY, WASHINGTON, PROVIDING FOR THE ACQUISITION BY EMINENT DOMAIN OF CERTAIN LANDS NECESSARY TO BE ACQUIRED FOR PUBLIC PURPOSES IN CONNECTION WITH THE HAVANA STREET BRIDGE PROJECT, LOCATED IN THE CITY OF SPOKANE VALLEY, COUNTY OF SPOKANE, STATE OF WASHINGTON RECITALS WHEREAS, the City of Spokane Valley, Washington (the "City") is a code city duly organized and existing under and by virtue of the constitution and laws of the State of Washington WHEREAS, the laws of the State of Washington (RCW 35A 21 160) provide that the City possesses all of the powers which any city of any class may have, and WHEREAS, the laws of the State of Washington, RCW 35 22 280(7) provide that the City may establish, open, alter, widen, extend, and otherwise improve streets, alleys, avenues, sidewalks, and other public properly in order to promote the best interest of the City WHEREAS, the Constitution of the State of Washington, Article I Section 16 and the laws of the State of Washington RCW 35 22 280(6) allow the City to purchase or appropriate private property for public use upon making just compensation to the owners pursuant to RCW Chapter 8.12. WHEREAS, the City has determined that it is in the City's best interest to cooperate with and facilitate the City of Spokane's completion of the Havana Street Overpass Project, as set forth in City of Spokane Public Works file number 2004062 WHEREAS, the property identified in Exhibit "A" is necessary to complete the Project WHEREAS, the City of Spokane has represented that it has negotiated in good faith for the acquisition of the property identified in Exhibit A, but the parties are unable to agree upon the purchase price WHEREAS, pursuant to RCW 8 25 290, notice has been mailed to each and every property owner of recvrds, as indicated on the tax rolls of Spokane County according to such addresses shown on such rolls, at least fifteen (15) days pnor to the City Council taking final action on this ordinance, including publication of notice of this ordinance in the Spokesman Review and the Spokane Valley News Herald for two (2) consecutive weeks before final action by the City Council NOW, THEREFORE, The City of Spokane Valley does ordain Section 1 Public use and necessity requires the City of Spokane Valley to acquire the land and property, and interests therein, as descnbed in Exhibits "A" and "B", together with such additional temporary construction easements as are deemed necessary by the City of Spokane, for public purposes in order to complete the Havana Street Bridge Project, including utilities and related improvements, all as set forth in City of Spokane Public Works file number 2004062 Section 2 Subject to the terms and conditions of the Interlocal Agreement, a copy of which is attached hereto as Exhibit "C", the City Attorney and duly appointed Special Counsel are hereby authorized and directed to commence an action or actions in the Superior Court of Spokane County, State of Washington, in the name of the City of Spokane Valley, to acquire and take by eminent dornain the lands and property interests necessary to be acquired for the purposes set forth herein, the lands and property interests Page 1 of 20 DRAFT to be so taken situate in the City of Spokane Valley, County of Spokane, all in the State of Washington, and more specifically described in Exhibits "A" and "B", attached hereto and by this reference made a part hereof, together with such amendments thereto and such additional temporary construction easements as are deemed necessary by City staff to complete the project Section 3 The Office of the City Attorney for the City of Spokane is hereby for the purposes set forth herein appointed as special counsel to the City of Spokane Valley Said firm shall provide all legal services in conjunction with the Office of the City Attorney for the purpose of representing the joint interests of the City of Spokane Valley and the City of Spokane as expressed in this ordinance. Section 4 That compensation for the land and property interests described in Exhibit "A" and "B" and all associated costs, expenses, damages and attorney fees shall be solely payable by the City of Spokane from fund account number 3200-94991-95200-56102, and funds which are allocated toward the Havana Street Bridge ProJect by the City of Spokane Department of Construction Services, pursuant to file number 2004062 PASSED by the City of Spokane Valley City Council this day of April, 2009 Richard Munson, Mayor Attest Christine Bainbridge, City Clerk Approved As To Form: Office of the City Attorney Date of Publication Effective Date Page 2 of 20 DRAFT Exhibit "A" Leqal Description of Take Hite Acauisition (Portion of Assessor's Parcel No. 35142.9041) All that portion of the northwest quarter of Section 14, Township 25 N., Range 43, E W.M., lying within the hereinafter described Parcel "A" described as follow: Beginning at the intersection of the north nght of way lme of Broadway Avenue and the east right of way of Havana Street; said point of beginning bears N 88°12'37"E., 30.00 feet from the west section line of said Section 14 and N 01°59'41"W , 30 00 feet from the West 1/4 corner of said Section 14, thence N 01 °59'41" W, along the east nght of way lme of Havana Street, 300.00 feet, t,hence N 88°12'37"E , 50.00 feet, thence S.01°59'41"E , 70 00 feet, thence S 43°06'28"W., 63.53 feet, thence S O 1°59'41 "E , parallel to and 5.00 feet east of the east right of way line of Havana Street, 175.00 feet, thence S 46°5332"E , 14.17 feet, to the north right of way line of Broadway Avenue, thence S 88112'37"W., along said north right of way line, 15 00 feet to the point of beginning Parcel "A" That portion of the Southwest quarter of the Northwest quarter of Section 14, Township 25 Nortli, Range 43 East, W.M., in the City of Spokane Valley, Spokane County, Washington, described as follows: BEGINNING at the intersection of the North line of Broadway Avenue and the East lule of Havana Street; Thence North 300 feet along the East ltne of Havana Street; Thence East 300 feet; Thence South 300 feet to the North line of Broadway Avenue; Thence West 300 feet to the POINT OF BEGINNING; (Contains 5,712 sq ft ) Hite Acauisition (Portion of Assessor's Parcel No 35142 9078) All that portion of the northwest quarter of Section 14, Township 25 N, Ranbe 43, E W M, lying within the hereinafter described Parcel "A" described as follow: Beginning on the east right of way line of Havana Street, said point of beginning bears N 88°12'37"E., 30 00 feet; thence N.01°59'41"W., 330.00 feet, from the West '/4 corner of said Sechon 14; thence N O 1°59'41 "W., along said east right of way line, 60.00 feet to the northwest corner of said parcel, dience N.88°12'37"E., along the north line of said parcel 50 00 feet; thence S 01°59'41"E , 60.00 feet, to the south line of said parcel; thence S 88°12'37"W., along said south lme, 50.00 feet, to the point of beginning parcel "A": That portion of the Southwest quarter of the Northwest quarter of Section 14, Township 25 North, Range 43 East, W.M., in the City of Spokane Valley, Spokane County, Washington, described as follows• BEGINNING at the mtersectton of the North line of Broadway Avenue and the East line of Havana Street; Page 3 of 20 DRATT Thence North 300 feet along said East line to the TRUE PO1NT OF BEGINNING; Thence continuing North 60 feet along said East line; Thence East 300 feet, Thence South 60 feet; Thence West 300 feet to the TRLTE POINT OF BEGINNING. ) (Contains 3,000 sq. ft Page 4 of 20 DR.AFT Exhibit "B" Leqal Description of Temporary Construction Easement Hite Temporarv Construction Easement (Portion of Assessor's Parcel No. 35142.9041) A 10 foot wide Temporary Construction Easement lying east of and adjacent to the following described parcel• All that portton of the northwest quarter of Section 14, Township 25 N, Range 43, E W.M , lying within the hereinafter described Parcel "A" described as follow. Beginning at the intersection of the north right of way line of Broadway Avenue and the east right of way of Havana Street; said point of beguining bears N.88112'37"E., 30.00 feet £rom the west section line of said Section 14 and N.01159'41"W., 30 00 feet from the West 1/4 corner of said Section 14, thence N.01°59'41" W., along the east right of way line of Havana Street, 300 00 feet, thence N.88°12'37"E., 50 00 feet, thence S 01°59'41"E , 70 00 feet, thence 5.43°06'28"W., 63.53 feet, thence S.01°59'41"E , parallel to and 5 00 feet east of the east right of way line of Havana Street, 175.00 feet; thence S 46°53'32"E , 14.17 feet, to the north right of way lme of Broadway Avenue, thence S 88°12'3T'W , along said north right of way lme, 15 00 feet to the point of begulning Parcel "A". That portion of the Southwest quarter of the Northwest quarter of Section 14, Township 25 North, Range 43 East, VV M, in the City of Spokane Valley, Spokane County, Washington, described as follows: BEGINNING at the intersection of tlle North line of Broadway Avenue and the East line of Havana Street, Thence North 300 feet along the East line of Havana Street; Thence East 300 feet, Thence South 300 feet to the North line of Broadway Avenue, Thence West 300 feet to the PO1NT OF BCGINNING, (Contatns 3,236 sq ft ) Hite Temporarv Construction kasement fPortion of Assessor's Parcel No 35142 90781 A 10 foot wide Temporary Construction Easement east of and adjacent to the following described parcel All that portion of the norlhwest quarter of Section 14, Township 25 N., Range 43, E W M, lying within the hereinafter described Parcel "A" described as follow. Beginning on the east right of way line of Havana Street, satd point of beginnmg bears N.88012'37"E., 30.00 feet; thence N.01°59'41"W., 330 00 feet, from the West 1/4 corner of said Section 14, thence N.01°59'41"W., along said east right of way line, 60.00 feet to the northwest corner of said parcel; thence N.88012'37"E , along the north line of said parcel 50 00 feet; thence S 01°59'4l"E , 60.00 feet, to the south line of said parcel; thence S.88012'37"W , along said south line, 50 00 feet, to the point of beguining. And the north 10 feet of the west 175.22 feet, except the west 50 feet of the hereinafter described parcel "A". Page 5 of 20 DRAFT Parcel "A". That portion of the Soutltwest quarter of the Northwest quarter of Section 14, Township 25 North, Range 43 East, W.M, in the City of Spokane Valley, Spokane County, Washington, described as follows. BEGINNING at the intersection of the North line of Broadway Avenue and the East line of Havana Street; Thence North 300 feet along said East line to the TRUE POINT OF BLGINNING; Thence contmuing l~jorth 60 feet along said East line, Thence East 300 feet, Thence South 60 feet, Thence West 300 feet to the TRUE PO]NT OF BEGINN[NG (Contains 1,723 sq ft ) Page 6 of 20 DRAFT Exhibit "C" Interlocai Aqreement Return to: City of Spokane Attn: Clerk 808 W Spokane Falis Blvd Spokane, WA 99201 INTERLOCAL AGREEMENT BETWEEN THE CITY OF SPOKANE AND THE CITY OF SPOKANE VALLEY REGARDING ACQUISITION OF PROPERTY BY EMINENT DOMAIN FOR THE HAVANA STREET BRIDGE PROJECT THIS AGREEMENT, made and entered into by and between the City of Spokane, a Washington municipal corporation, and the City of Spokane Valley, a Washington municipal corporation, jointly hereinafter referred to as the "parties." WITNESSETH: WHEREAS, the City of Spokane is a first class charter city duly organized and existing under and by virtue of the constitution and laws of the State of Washington, and the Charter of the City; and WHEREAS, the City of Spokane Valley is a code city duly organized and existing under and by virtue of the constitution and laws of the State of Washington; and WHEREAS, the laws of the State of Washington (RCW 35.22 280(7)) provide that the City of Spokane may establish, open, alter, widen, extend, and otherwise improve streets, alleys, avenues, sidewalks, and other public property in order to promote the best interest of the City, and WHEREAS, the laws of the State of Washington (RCW 35A 21.160) provide that the City of Spokane Valley possesses all of the powers which any city of any class may have; and Page 7 of 20 DRAFT WHEREAS, the Constitution of the State of Washington, Article I Section 16 and the laws of the State of Washington aliow cities to purchase or appropriate private property for public use upon making just compensation to the owners pursuant to Chapter 8.12 RCW; and WHEREAS, RCW 8.12.030 authorizes cities to condemn land and property for streets and bridges within the limits of such cities; and WHEREAS, the parties have determined that it is in the best interests of both cities to construct the Havana Street Bridge Project, as set forth in the City of Spokane Public Works File Number 2004062 (hereinafter the "Project"); and WHEREAS, the property described in this Agreement is necessary to complete the Project; and WHEREAS, said property which is necessary to complete the Project is located within the corporate limits of the City of Spokane Valley, and WHEREAS, the City of Spokane Valley has agreed to assist the City of Spokane in acquiring such property according to the terms of this Agreement; and WHEREAS, Havana Street forms the corporate boundary between the City of Spokane and the City of Spokane Valley, but in places the eastern half of Havana Street remains unincorporated and under the care and responsibility of Spokane County; and WHEREAS, the City of Spokane is engaged in discussions with Spokane County that will result in the revision of the City of Spokane's corporate boundary to coincide with the eastern edge of Havana Street so as to fully include Havana Street within the corporate limits of the City of Spokane at all places where Havana Street lies on the City of Spokane's eastern corporate limits; and WHEREAS, Chapter 39.34 RCW authorizes parties to enter into agreernents for joint or cooperative action to exercise any power or powers, privileges, or authority exercised or capable of exercise by either of the parties, and WHEREAS, pursuant to RCW 8.25.290, notice has been mailed to each and every property owner of records, as indicated on the tax rolls of Spokane County according to such addresses shown on such rolls, at least fifteen (15) days prior to the City Council taking final action on this Agreement and related ordinance, including publication of notice of the ordinance in the Spokesman Review and Spokane Valley News Herald for two (2) consecutive weeks before final action by the City Council. NOW, THEREFORE, in consideration of the facts and recitals set forth hereinabove, which are adopted herein and made a part of this Agreement and which the parties mutually agree constitute good and adequate consideration for the obligations of the parties set forth herein, the parties hereby agree as follows- Page 8 of 20 DRAF'T SECTION NO. 1: PURPOSE The purpose of this Agreement is to set forth certain agreements between the City of Spokane and the City of Spokane Valley relating to acquisition of privately owned land and property by eminent domain as is necessary for construction of the Project. SECTION NO. 2: APPLICABILITY OF THIS AGREEMENT The parties agree that the provisions of this Agreement shall apply to the land and property described in the ordinance attached hereto as Exhibit "A" ("Eminent Domain Ordinance") SECTION NO. 3: ACQUISITION OF PROPERTY BY EMINENT DOMAIN Upon final action or legislative approval of the Eminent Domain Ordinance by the City of Spokane Valley, the Office of City Attorney for the City of Spokane may commence an action or actions in the Superior Court of Spokane County, State of Washington, in the name of the City of Spokane Valley, to acquire and take by eminent domain the lands and property interests described in the Eminent Domain Ordinance (the "Property"), the parties having found that the Property described therein is necessary for the Project. The title to the Property shall vest in the City of Spokane Valley for public street purposes and all uses incidental thereto, subject to such rights as the City of Spokane determines are necessary, in its sole discretion, for constructing the Project, maintaining the subsequently improved public right-of-way, and enforcement of traffic-related laws and regulations. SECTION NO. 4: RELOCATION ASSISTANCE Relocation assistance shall be made available to eligible owners and tenants of the Property. Responsibility for any such costs shall be borne by the City of Spokane as set forth in Section No. 5 below. SECTION NO. 5: RESPONSIBILITY FOR ACQUISITION COSTS In recognition that the City of Spokane has assumed responsibility for construction of the Project and that acquisition of the Property is necessary for the Project, as between the parties, the City of Spokane shall be responsible and hereby agrees to pay all Acquisition Costs relating to the Property, as the term Acquisition Costs is defined in this section. For purposes of this Agreement, Acquisition Costs means any and all costs pertaining to efforts to acquire and acquisition of the Property. Without limiting the generality of the foregoing, such costs may include: (a) amounts payable as part of any voluntary agreement and/or settlement relating to acquisition of the Property; (b) amounts awarded by a court/jury to the owner(s) of the Property as just compensation following trial, including any attorneys fees and costs awarded by the court to the owner(s) and/or their attorneys; (c) amounts paid to the owner(s) of the Property and/or their attorneys as attorneys fees and costs upon discontinuance and/or abandonment of efforts to acquire Page 9 of 20 DRAFT the Property by eminent domain; (d) any relocation assistance paid to such owner(s) or seller(s), whether or not required under Chapter 8.26 RCW; and (e) costs of necessary appraisals and title insurance to acquire the Property. SECTION NO. 6: INDEMNITY The City of Spokane shall defend, indemnify and hold the City of Spokane Valley, its officers, officials, employees and volunteers harmless from any and all claims, injuries, damages, losses or suits including attorney fees, arising out of or in connection with the perFormance of this agreement, except for injuries and damages caused by the sole negligence of the City of Spokane Valley. Should a court of competent jurisdiction determine that this agreement is subject to RCW 4.24 115, then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the City of Spokane and its officers, officials, employees, and volunteers, and the City of Spokane Valley, its officers, officials, employees, and volunteers, the City of Spokane's liability hereunder shall be only to the extent of the City of Spokane's negligence, or that of its officers, officials, employees, and volunteers SECTION NO. 7: CONFIDENTIAL INFORMATION The parties acknowledge that they, with the support of counsel, appraisers, and other consultants, are engaging in a cooperative venture for their joint benefit. In furtherance of this cooperative venture and the parties' common interests in obtaining the Property, the parties and their respective legal counsel agree to share information relating to such efforts. Such exchanges and disclosures will be for the exclusive purpose of facilitating the parties' common interests in the acquisition of the Property and will not diminish in any way the confidentiality of the materials exchanged, nor will this exchange constitute a waiver of any of the parties' attorney-client or work product privileges. To the extent allowed by law, and consistent with the parties' respective obligations under the Public Records Act, Chapter 42 56 RCW, the parties each agree to preserve and protect the confidentiality of all financial, valuation, and other proprietary information that they may obtain, and to create and preserve any applicable attorney/client and litigation work product privileges, and public record disclosure exemptions, in compliance with applicable State law. SECTION NO. 8: CONTROL OF PROJECT Although the parties may consult and assist the City of Spokane with the acquisition of the Property and the Project, the City of Spokane shall retain final decision making authority and discretion regarding such acquisition and the completion of the Project The City of Spokane shall pay the costs and expenses to be incurred in connection with the construction of the Project. SECTION NO. 9: ADMINISTRATION Page 10 of 20 DRAFT The City of Spokane hereby designates its City Attorney as its representative for the purpose of implernenting this Agreement. The City of Spokane Valley hereby designates its City Attorney as its representative for the purpose of implementing this Agreement. SECTION NO. 10: TERMINATION This Agreement may be terminated at any time by mutual written consent of the City of Spokane and the City of Spokane Valley. SECTION NO. 11: DEFAULT It shall be an "Event of Default" under this Agreement if either of the parties to perform, observe, or comply with the covenants, agreements, or conditions on its part contained in this Agreement, where that failure continues for a period of fifteen (15) days after written notice from the non-defaulting party. SECTION NO. 12: REMEDIES In the event of any Event of Default, the non-defaulting party may at any time, without waiving or limiting any other right or remedy, pursue any remedy allowed by law including, by way of example and without limitation, specific performance, declaratory judgment, and other equitable remedies, and recovery of attorney's fees and other costs for such enforcernent action. SECTION NO. 13: NOTICE All notices shall be in writing and served on any of the PARTIES either personally or by certified mail, return receipt requested, to the persons below designated as contact persons. Notices sent by certified mail shall be deemed served when deposited in the United State mail, postage prepaid. CITY OF SPOKANE: City Attorney 808 West Spokane Falls Blvd Spokane, Washington 99201 CITY OF SPOKANE VALLEY: City Attorney 11707 E Sprague, Room 103 Spokane Valley, WA 99206 SECTION NO. 14: AGREEMENT TO BE FILED The City of Spokane shall file this Agreement with its City Clerk and with the County Auditor. The City of Spokane Valley shall file this Agreement with its City Clerk. SECTION NO. 15: COMPLIANCE WITH LAWS Page 11 of 20 DRAFT The parties shall observe all applicable federai, state and local laws, ordinances and regulations in conjunction with meeting their respective obligations under the terms of this Agreement. SECTION NO. 16: VENUE STIPULATION The laws of the State of Washington shall be applicable to the construction and enforcement of this Agreement. Any action at law, suit in equity or judicial proceeding regarding this Agreement shall be instituted only in courts of competent jurisdiction within Spokane County, Washington. SECTION NO. 17: MODIFICATION No modification or amendment of this Agreement shall be valid until the same is reduced to writing and executed with the same formalities as this present Agreement. SECTION NO. 18: WAIVER No officer, employee, agent or otherwise of any party has the power, right or authority to waive any of the conditions or provisions of this Agreement. No waiver of any breach of this Agreement shall be held to be a waiver of any other or subsequent breach. All remedies afforded in this Agreement or at law shall be taken and construed as cumulative, that is, in addition to every other remedy provided herein or by law. SECTION NO. 19: ALL WRITINGS CONTAINED HEREIN This Agreement contains all the terms and conditions agreed upon by the parties No other understandings, oral or otherwise, regarding the subject matter of this Agreement shall be deemed to exist or to bind the parties. The parties have read and understand all of this Agreement, and now state that no representation, promise or agreement not expressed in this Agreement has been made to induce any of them to execute it. SECTION NO. 20: HEADINGS The section headings in this Agreement have been inserted solely for the purpose of convenience and ready reference. In no way do they purport to, and shall not be deemed to, define, limit or extend the scope or intent of the sections to which they pertain. SECTION NO. 21: SEVERABILITY In the event any portion of this Agreement should become invalid, or otherwise unenforceable, the rest of this Agreement shall remain in full force and effect. SECTION NO. 22: BINDING EFFECT Both parties warrant that they have the full power and authority to execute and deliver this Agreement and to perform their respective obligations under this Agreement. This Page 12 of 20 DRAFT Agreement constitutes a valid and legally binding obligation of both parties and is enforceable in accordance with its provisions. SECTION NO. 23: TIME IS OF THE ESSENCE Time is of the essence of this Agreement. SECTION NO. 24: RCW 39.34 REQUIRED CLAUSES. A. PURPOSE. See Section No 1 above. B DURATION. See Section No. 10 above C. ORGANIZATION OF SEPARATE ENTITY AND ITS POWERS. See Section No. 9 above. No separate legal entity is necessary in conjunction with this Agreement D. RESPONSIBILITIES OF THE PARTIES. See provisions above. E. AGREEMENT TO BE FILED See Section No. 14 above. F. FINANCING. See Section No. 5 above. G. TERMINATION. See Section No. 10 above. H. PROPERTY UPON TERMINATION. See Section No. 3. IN WITNESS WHEREOF, the PARTIES have caused this Agreement to be executed on date and year opposite their respective signatures DATED: CITY OF SPOKANE Page 13 of 20 DRAF'I' By: ItS: Attest: Approved as to form: City Clerk Assistant City Attorney DATED: CITY OF SPOKANE VALLEY By: its: Attest: Approved as to form. City Clerk City Attorney Page 14 of 20 DRAFT Exhibit A AN ORDINANCE PROVIDING FOR THE ACQUISITION BY EMINENT DOMAIN OF CERTAIN LANDS NECESSARY TO BE ACQUIRED FOR PUBLIC PURPOSES IN CONNECTION WITH THE HAVANA STREET BRIDGE PROJECT, LOCATED IN THE CITY OF SPOKANE VALLEY, COUNTY OF SPOKANE, STATE OF WASHINGTON RECITALS WHEREAS, the City of Spokane Valley, Washington (the "City") is a code city duly organized and existing under and by virtue of the constitution and laws of the State of Washington WHEREAS, the laws of the State of Washington (RCW 35A 21.160) provide that the City possesses all of the powers which any city of any class may have, and WHEREAS, the laws of the State of Washington, RCW 35.22 280(7) provide that the City may establish, open, alter, widen, extend, and otherwise improve streets, alley, avenues, sidewalks, and other public property in order to promote the best interest of the City WHEREAS, the Constitution of the State of Washington, Article I Section 16 and the laws of the State of Washington RCW 35 22 280(6) allow the City to purchase or appropriate private property for public use upon making just compensation to the owners pursuant to RCW Chapter 8 12 WHEREAS, the City has determined that it is in the City's best interest to cooperate with and facilitate the City of Spokane's completion of the Havana Street Overpass Project, as set forth in City of Spokane Public Works file number 2004062. WHEREAS, the property identified in Exhibit "A" is necessary to complete the Project WHEREAS, the City of Spokane has represented that it has negotiated in good faith for the acquisition of the property identified in Exhibit A, but the parties are unable to agree upon the purchase price WHEREAS, pursuant to RCW 8 25 290, notice has been mailed to each and every property owner of records, as indicated on the tax rolls of Spokane County according to such addresses shown on such rolls, at least fifteen (15) days prior to the City Council taking final action on this ordinance, including publication of notice of this ordinance in the Spokesman Review the Spokane Valley News Herald for two (2) consecutive weeks before final action by the City Council NOW, THEREFORE, The City of Spokane Valley does ordain Section 1 Public use and necessity requires the City of Spokane Valley to acquire the land and property, and interests therein, as described in Exhibits "A" and "B", together with such additional temporary construction easements as are deemed necessary the City of Spokane, for public purposes in order to complete the Havana Street Bridge Project, including utilities and related improvements, all as set forth in City of Spokane Public Works file number 2004062 Section 2 Subject to the terms and conditions of the Interlocal Agreement, a copy of which is attached hereto as Exhibit "C", the City Attorney and duly appointed Special Counsel are hereby authorized and directed to commence an action or actions in the Superior Court of Spokane County, State of Washington, in the name of the City of Spokane Valley, to acquire and take by eminent domain the lands and property interests necessary to be acquired for the purposes set forth herein, the lands and property interests to be so taken situate in the City of Spokane Valley, County of Spokane, all in the State of Washington, and more specifically described in Exhibits "A" and "B", attached hereto and by this reference made a part hereof, Page 15 of 20 llRAFT together with such amendments thereto and such additional temporary construction easements as are deemed necessary by City staff to complete the project Section 3 The Office of the City Attorney for the City of Spokane is hereby for the purposes set forth herein appointed as special counsel to the City of Spokane Valley Said firm shall provide all legal services in conjunction with the Office of the City Attorney for the purpose of representing the joint interests of the City of Spokane Valley and the City of Spokane as expressed in this ordinance Section 4 That compensation for the land and property interests described in Exhibit "A" and "B" and all associated costs, expenses, damages and attorney fees shall be solely payable by the City of Spokane from fund account number 3200-94991-95200-56102, and funds which are allocated toward the Havana Street Bridge ProJect by the City of Spokane Department of Construction Services, pursuant to file number 2004062 PASSED by the City of Spokane Valley City Council this day of 12009 MAYOR Attest City Clerk Page 16 of 20 DRAFT Exhibit "A" Leqal Description of Take Hrte Acauisition (Portion of Assessor's Parcel No. 35142 9041) All that portion of the northwest quarter of Section 14, Township 25 N, Range 43, E W M, lying within the hereinafter described Parcel "A" described as follow: Begulning at the intersection of the north right of way line of Broadway Avenue and the east right of way of Havana Street; said point of beginning bears N 88°12'37'E, 30.00 feet from the west sechon lme of said Section 14 and N 01°59'41"W., 30 00 feet from the West '/4 corner of said Section 14; thence N.01 °59'41" W., along the east nght of way line of Havana Street, 300.00 feet, thence N.88°12'37"E., 50 00 feet; thence S.01159'41"E , 70 00 feet, thence S.43°06'28"W., 63 53 feet, thence S.O 1°59'41 "E., parallel to and 5.00 feet east of the east ri ;ht of way line of Havana Street, 175 00 feet; thence 5.46°53'32"E , 14 17 feet, to the north right of way line of Broadway Avenue, thence 5.88°12'37"W., along said north right of way line, 15.00 feet to the point of beginning. Parcel "A": That portion of the Southwest quarter of the Northwest quarter of Section 14, Township 25 North, Range 43 East, W M, in the Cit), of Spokane Valley, Spokane County, Washington, described as follows• BEGlNNMIG at the intersection of the North line of Broadway Avenue and the East line of Havana Street, Thence North 300 £eet along the East line of Havana Street; Thence East 300 feet, Thence South 300 feet to the North line of Broadway Avenue; Thence West 300 feet to the POINT OF BEGiNNING, (Contains 5,712 sq. ft.) Hite Acauisition (Portion of Assessor's Parcel No. 35142.9078) All that portion of the nortllwest quarter of Section 14, Township 25 N, Range 43, E W.M , lying within the hereinafter described Parcel "A" described as follow: Begmiing on the east right of way line of Havana Street, said point of beginning bears N 88°12'37"E , 30.00 feet, thence N.01059'41"W., 330 00 feet, from the West 1/4 corner o£ said Section 14, thence N O 1°59'41 "W., along said east right of way 1 ine, 60 00 feet to the northwest corner of said parcel, thence N.88°12'37"E , along the north line of said parcel 50 00 feet; thence S 01°59'41"E , 60.00 feet, to the south line of said parcel, thence S 88°12'37"W , along said south line, 50 00 feet, to the pomt of begmnmg Parcel "A": That portion of the Southwest quarter of the Northwest quarter of Section 14, Township 25 North, Range 43 East, W.M., in the Crty of Spokane Valley, Spokane County, Washington, described as follows: BEGINNING at the intersection of the North line of Broadway Avenue and the East line of Havana Street, Page 17 of 20 DRAF'f Thencc North 300 feet along said East lme to the TRUE POINT OF BEGINNING, Thence continuing North 60 feet along said East line, Thence East 300 feet, Thence South 60 feet, Thence West 300 feet to the TRUE POINT OF BEGINNING. (Contains 3,000 sq ft ) Page 18 of 20 ARAFT Exhibit "B" Leqal Description of Temporary Construction Easement Hite Temporarv Construction Easement (Portion of Assessor's Parcel No. 35142 9041) A 10 foot wide Temporary Construction Easement lying east of and adjacent to the following described parcel. All that portion of the northwest quarter of Section 14, Township 25 N, Range 43, E W M, lying within the hereinafter described Parcel "A" described as follow: Beginning at the intersection of the north right of way line of Broadway Avenue and the east right of way of Havana Street, said point of beginning bears N.88°12137"F , 30 00 feet from the west section line of said Sectton 14 and N.01°5941"W., 30 00 feet from the West 1/4 corner of said Section 14, thence N.O 1 °59'41" W., along the east right of way line of Havana Street, 300 00 feet, thence N.88°12'37"E , 50 00 feet, thence S.01°59'41"E , 70 00 feet; thence 5.43°06'28"W , 63 53 feet; thence S.O 1159'41 "E , parallel to and 5.00 feet east of the east right of way line of Havana Street, 175.00 feet, thence S.46153'32"E., 14.17 feet, to the north right of way line of Broadway Avenue, thence S.88°12'37"W., along said north right of way line, 15 00 feet to the point of begulning. Parcel "A": That portion of the Southwest quarter of the Northwest quarter of Section 14, Township 25 North, Range 43 East, W M, in the City of Spokane Valley, Spokane County, Washington, described as follows• BEGINNUNG at the intersection of the Norrh linc of Broadway Avenue and the East lme of Havana Street, Thence North 300 feet along the East line of Havana Street, Thence East 300 feet, Thence South 300 feet to the North line of Broadway Avenue; Thence West 300 feet to the POINT OF BEGINNING; (Contains 3,236 sq ft.) Hite Temnorarv Construction Easement (Portion of Assessor's k'arcel No. 35142 9078) A 10 foot wide Temporary Construction Easement east of and adjacent to the following described parcel• A11 that portion of the northwest quarter of Section 14, Township 25 N., Range 43, E W M., lying within the hereinafter described Parcel "A" described as follow. Beginninb on the east right of way line of Havana Street, said pomt of beginning bears N.88012'37"E , 30 00 feet, thence N 01°59'41"W , 330 00 feet, from the West 1/4 corner of said Section 14; thence N.01 °59'4 ]"VV., along said east right of way line, 60 00 feet to the northwest corner of said parcel, thence N 88°12'37"E., along the north line of said parcel 50.00 feet, thence S 01°59'41"E , 60.00 feet, to the south lme of said parcel; thence S 88°12'37"W., along said south lme, 50 00 feet, to the point of beginning. And the north 10 feet of the west 175.22 feet, except the west 50 feet of the hereinafter described parcel "A". Page19of20 DRAFT Parcel "A"• That portion of the Southwest quarter of the Northwcst quarter of Section 14, Township 25 North, Range 43 East, W M, in the Ciry of Spokane Valley, Spokane County, Washington, described as follows BEGINN]NG at the intersection of the North line of Broadway Avenue and the East line of Havana Street, Thence North 300 feet along said East line to the TRUE POINT OF BEGINNING; Thence continuing North 60 feet along said East line; Thence East 300 feet; Thence South 60 feet; Thence West 300 feet to the TRUE POINT OF BEGINNING (Contains 1,723 sq ft ) Page 20 of 20 CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: April 7, 2009 City Manager Sign-off• Item: Check all that apply. ❑ consent ❑ old business 0 new business ❑ public hearing ❑ information ❑ admin report ❑ pending legislation AGENDA ITEM TITLE: Interlocal Agreement authorizing City of Spokane to act as agent for eminent domain purposes on Havana Street Bridge GOVERNING LEGISLATION: RCW 39.34, RCW 35A 21 160, RCW 35 22 280(7), RCW 35.22.280(6), RCW 8.12 PREVIOUS COUNCIL ACTION TAKEN: Study session March 31, 2009. BACKGROUND: The City of Spokane is proceeding with the Havana Street Bridge Project The City of Spokane Valley borders but does not include Havana Street Because of the design requirements, the project requires additional private property adjacent to Havana and located within the City of Spokane Valley Consequently the City of Spokane has asked that we allow the City of Spokane to act as our agents in proceeding with a condemnation action using our Eminent Domain powers All costs will be paid by the City of Spokane. e Attached is the Interlocal Agreement setting forth the terms of this agreement and the Ordinance. Notice of this action has been provided to the property owners and they are currently in discussions with the City of Spokane. Notice has also been provided to the County who owns a portion of Havana and are involved in the project as well OPTIONS: Request changes to the agreement; authorize the City Manager to execute the interlocal agreement as drafted. RECOMMENDED ACTION OR MOTION: I move that we authorize the City Manager or designee to execute the interlocal agreement as drafted BUDGET/FINANCIAL IMPACTS- No fiscal impact to Spokane Valley STAFF CONTACT: Michael F. Connelly, City Attorney ATTACHMENTS: 1. Interlocal Agreement Return to: City of Spokane Attn: Clerk 808 W Spokane Falls Bivd Spokane, WA 99201 INTERLOCAL AGREEMENT BETWEEN THE CITY OF SPOKANE AND THE CITY OF SPOKANE VALLEY REGARDING ACQUISITION OF PROPERTY BY EMINENT DOMAIN FOR THE HAVANA STREET BRIDGE PROJECT THIS AGREEMENT, made and entered into by and between the City of Spokane, a Washington municipal corporation, and the City of Spokane Valley, a Washington municipal corporation, jointly hereinafter referred to as the "parties." WITNESSETH: WHEREAS, the City of Spokane is a first class charter city duly organized and existing under and by virtue of the constitution and laws of the State of Washington, and the Charter of the City; and WHEREAS, the City of Spokane Valley is a code city duly organized and existing under and by virtue of the constitution and laws of the State of Washington; and WHEREAS, the laws of the State of Washington (RCW 35.22.280(7)) provide that the City of Spokane may establish, open, alter, widen, extend, and otherwise irnprove streets, alleys, avenues, sidewalks, and other public property in order to promote the best interest of the City; and WHEREAS, the laws of the State of Washington (RCW 35A.21.160) provide that the City of Spokane Valley possesses all of the powers which any city of any class may have; and WHEREAS, the Constitution of the State of Washington, Article I Section 16 and the laws of the State of Washington allow cities to purchase or appropriate private property for public use upon making just compensation to the owners pursuant to Chapter 8.12 RCW; and Page 1 of 14 WHEREAS, RCW 8.12.030 authorizes cities to condemn land and property for streets and bridges within the limits of such cities; and WHEREAS, the parties have determined that it is in the best interests of both cities to construct the Havana Street Bridge Project, as set forth in the City of Spokane Public Works File Number 2004062 (hereinafter the "Project"), and WHEREAS, the property described in this Agreement is necessary to complete the Project; and WHEREAS, said property which is necessary to complete the Project is located within the corporate limits of the City of Spokane Valley, and WHEREAS, the City of Spokane Valley has agreed to assist the City of Spokane in acquiring such property according to the terms of this Agreement; and WHEREAS, Havana Street forms the corporate boundary between the City of Spokane and the City of Spokane Valley, but in places the eastern half of Havana Street remains unincorporated and under the care and responsibility of Spokane County, and WHEREAS, the City of Spokane is engaged in discussions with Spokane County that will result in the revision of the City of Spokane's corporate boundary to coincide with the eastern edge of Havana Street so as to fully include Havana Street within the corporate limits of the City of Spokane at all places where Havana Street lies on the City of Spokane's eastern corporate limits; and WHEREAS, Chapter 39 34 RCW authorizes parties to enter into agreements for joint or cooperative action to exercise any power or powers, privileges, or authority exercised or capable of exercise by either of the parties; and WHEREAS, pursuant to RCW 8 25.290, notice has been mailed to each and every property owner of records, as indicated on the tax rolls of Spokane County according to such addresses shown on such rolls, at least fifteen (15) days prior to the City Council taking final action on this Agreement and related ordinance, including publication of notice of the ordinance in the Spokesman Review and Spokane Valley News Herald for two (2) consecutive weeks before final action by the City Council NOW, THEREFORE, in consideration of the facts and recitals set forth hereinabove, which are adopted herein and made a part of this Agreement and which the parties mutually agree constitute good and adequate consideration for the obligations of the parties set forth herein, the parties hereby agree as follows: Page 2 of 14 SECTION NO. 1: PURPOSE The purpose of this Agreement is to set forth certain agreements between the City of Spokane and the City of Spokane Valley relating to acquisition of privately owned land and property by eminent domain as is necessary for construction of the Project. SECTION NO. 2: APPLICABILITY OF THIS AGREEMENT The parties agree that the provisions of this Agreement shall apply to the land and property described in the ordinance attached hereto as Exhibit "A" ("Eminent Domain Ordinance"). SECTION NO. 3: ACQUISITION OF PROPERTY BY EMINENT DOMAIN Upon final action or legislative approval of the Eminent Domain Ordinance by the City of Spokane Valley, the Office of City Attorney for the City of Spokane may commence an action or actions in the Superior Court of Spokane County, State of Washington, in the name of the City of Spokane Valley, to acquire and take by eminent domain the lands and property interests described in the Eminent Domain Ordinance (the "Property"), the parties having found that the Property described therein is necessary for the Project. The title to the Property shall vest in the City of Spokane Valley for public street purposes and all uses incidental thereto, subject to such rights as the City of Spokane determines are necessary, in its sole discretion, for constructing the Project, rnaintaining the subsequently improved public right-of-way, and enforcement of traffic-related laws and regulations. SECTION NO. 4: RELOCATION ASSISTANCE Relocation assistance shall be made available to eligible owners and tenants of the Property. Responsibility for any such costs shall be borne by the City of Spokane as set forth in Section No. 5 below. SECTION NO. 5: RESPONSIBILITY FOR ACQUISITION COSTS In recognition that the City of Spokane has assumed responsibility for construction of the Project and that acquisition of the Property is necessary for the Project, as between the parties, the City of Spokane shall be responsible and hereby agrees to pay all Acquisition Costs relating to the Property, as the term Acquisition Costs is defined in this section. For purposes of this Agreement, Acquisition Costs means any and all costs pertaining to efforts to acquire and acquisition of the Property. Without limiting the generality of the foregoing, such costs may include: (a) amounts payable as part of any voluntary agreement and/or settlement relating to acquisition of the Property; (b) amounts awarded by a court/jury to the owner(s) of the Property as just compensation following trial, including any attorneys fees and costs awarded by the court to the owner(s) and/or their attorneys; (c) amounts paid to the owner(s) of the Property and/or their attorneys as Page3of14 attorneys fees and costs upon discontinuance and/or abandonment of efforts to acquire the Property by eminent domain; (d) any relocation assistance paid to such owner(s) or seller(s), whether or not required under Chapter 8.26 RCW; and (e) costs of necessary appraisals and title insurance to acquire the Property. SECTION NO. 6: INDEMNITY The City of Spokane shall defend, indemnify and hold the City of Spokane Valley, its officers, officials, employees and volunteers harmless from any and all claims, injuries, damages, losses or suits including attorney fees, arising out of or in connection with the performance of this agreement, except for injuries and damages caused by the sole negligence of the City of Spokane Valley Should a court of competent jurisdiction determine that this agreement is subject to RCW 4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the City of Spokane and its officers, officials, employees, and volunteers, and the City of Spokane Valley, its officers, officials, employees, and volunteers, the City of Spokane's liability hereunder shall be only to the extent of the City of Spokane's negligence, or that of its officers, officials, employees, and volunteers. SECTION NO. 7: CONFIDENTIAL INFORMATION The parties acknowledge that they, with the support of counsel, appraisers, and other consultants, are engaging in a cooperative venture for their joint benefit. In furtherance of this cooperative venture and the parties' common interests in obtaining the Property, the parties and their respective legal counsel agree to share information relating to such efforts. Such exchanges and disclosures will be for the exclusive purpose of facilitating the parties' common interests in the acquisition of the Property and will not diminish in any way the confidentiality of the materials exchanged, nor will this exchange constitute a waiver of any of the parties' attorney-client or work product privileges. To the extent allowed by law, and consistent with the parties' respective obligations under the Public Records Act, Chapter 42.56 RCW, the parties eaeh agree to preserve and protect the confidentiality of all financial, valuation, and other proprietary information that they may obtain, and to create and preserve any applicable attorney/client and litigation work product privileges, and public record disclosure exemptions, in compliance with ~ applicable State law. SECTION NO. 8: CONTROL OF PROJECT Although the parties may consult and assist the City of Spokane with the acquisition of the Property and the Project, the City of Spokane shall retain final decision making authority and discretion regarding such acquisition and the completion of the Project. The City of Spokane shall pay the costs and expenses to be incurred in connection with the construction of the Project Page 4 of 14 SECTION NO. 9: ADMINISTRATION The City of Spokane hereby designates its City Attorney as its representative for the purpose of implementing this Agreement. The City of Spokane Valley hereby designates its City Attorney as its representative for the purpose of implementing this Agreement. SECTION NO. 10: TERMINATION This Agreement may be terminated at any time by mutual written consent of the City of Spokane and the City of Spokane Valley. SECTION NO. 11: DEFAULT It shall be an "Event of Default" under this Agreement if either of the parties to perForm, observe, or comply with the covenants, agreements, or conditions on its part contained in this Agreement, where that failure continues for a period of fifteen (15) days after written notice from the non-defaulting party. SECTION NO. 12: REMEDIES In the event of any Event of Default, the non-defaulting party may at any time, without waiving or limiting any other right or remedy, pursue any remedy allowed by law including, by way of example and without limitation, specific performance, declaratory judgment, and other equitable remedies, and recovery of attorney's fees and other costs for such enforcement action. SECTION NO. 13: NOTICE All notices shall be in writing and served on any of the PARTIES either personally or by certified mail, return receipt requested, to the persons below designated as contact persons. Notices sent by certified mail shall be deemed served when deposited in the United State mail, postage prepaid. CITY OF SPOKANE: City Attorney 808 West Spokane Falls Blvd Spokane, Washington 99201 CITY OF SPOKANE VALLEY: City Attorney 11707 E Sprague, Room 103 Spokane Valley, WA 99206 SECTION NO. 14: AGREEMENT TO BE FILED The City of Spokane shall file this Agreement with its City Clerk and with the County Auditor. The City of Spokane Valley shall file this Agreement with its City Clerk. Page 5 of 14 SECTION NO. 15: COMPLIANCE WITH LAWS The parties shall observe all applicable federal, state and local laws, ordinances and regulations in conjunction with meeting their respective obligations under the terms of this Agreement. SECTION NO. 16: VENUE STIPULATION The laws of the State of Washington shall be applicable to the construction and enforcement of this Agreement Any action at law, suit in equity or judicial proceeding regarding this Agreement shall be instituted only in courts of competent jurisdiction within Spokane County, Washington SECTION NO. 17: MODIFICATION No modification or amendment of this Agreement shall be valid until the same is reduced to writing and executed with the same formalities as this present Agreernent SECTION NO. 18: WAIVER No officer, employee, agent or otherwise of any party has the power, right or authority to waive any of the conditions or provisions of this Agreement No waiver of any breach of this Agreement shall be held to be a waiver of any other or subsequent breach. All ' remedies afforded in this Agreement or at law shall be taken and construed as cumulative, that is, in addition to every other remedy provided herein or by law. ~ SECTION NO. 19: ALL WRITINGS CONTAINED HEREIN ~ This Agreement contains all the terms and conditions agreed upon by the parties No other understandings, oral or otherwise, regarding the subject matter of this Agreement shall be deemed to exist or to bind the parties The parties have read and understand all of this Agreement, and now state that no representation, promise or agreement not expressed in this Agreement has been made to induce any of them to execute it. SECTION NO. 20: HEADINGS The section headings in this Agreement have been inserted solely for the purpose of convenience and ready reference. In no way do they purport to, and shall not be deemed to, define, limit or extend the scope or intent of the sections to which they pertain. SECTION NO. 21: SEVERABILITY : In the event any portion of this Agreement should become mvalid, or otherwise ~ unenforceable, the rest of this Agreement shall remain in full force and effect. Page 6 of 14 , . SECTION NO. 22: BINDING EFFECT Both parties warrant that they have the full power and authority to execute and deliver this Agreement and to perform their respective obligations under this Agreement. This Agreement constitutes a valid and legally binding obligation of both parties and is enforceable in accordance with its provisions. SECTION NO. 23: TIME IS OF THE ESSENCE Time is of the essence of this Agreement. SECTION NO. 24: RCW 39.34 REQUIRED CLAUSES. A PURPOSE See Section No 1 above. B. DURATION. See Section No. 10 above. C. ORGANIZATION OF SEPARATE ENTITY AND ITS POWERS. See Section No. 9 above. No separate legal entity is necessary in conjunction with this Agreement. D. RESPONSIBILITIES OF THE PARTIES. See provisions above. E AGREEMENT TO BE FILED. See Section No. 14 above. F. FINANCING. See Section No. 5 above. G. TERMINATION. See Section No. 10 above. H. PROPERTY UPON TERMINATION. See Section No. 3. Page 7 of 14 IN WITNESS WHEREOF, the PARTIES have caused this Agreement to be executed on date and year opposite their respective signatures DATED: CITY OF SPOKANE By: its: Attest. Approved as to form. City Clerk Assistant City Attorney DATED: CITY OF SPOKANE VALLEY By: its: Attest, Approved as to form- City Clerk City Attorney Page 8 of 14 Exhibit A AN ORDINANCE PROVIDING FOR THE ACQUISITION BY EMINENT DOMAIN OF CERTAIN LANDS NECESSARY TO BE ACQUIRED FOR PUBLIC PURPOSES IN CONNECTION WITH THE HAVANA STREET BRIDGE PROJECT, LOCATED IN THE CITY OF SPOKANE VALLEY, COUNTY OF SPOKANE, STATE OF WASHINGTON RECITALS WHEREAS, the City of Spokane Valley, Washington (the "City") is a code city duly organized and existing under and by virtue of the constitution and laws of the State of Washington WHEREAS, the laws of the State of Washington (RCW 35A 21 160) provide that the City possesses all of the powers which any city of any class may have, and WHEREAS, the laws of the State of Washington, RCW 35 22 280(7) provide that the City may estabiish, open, alter, widen, extend, and otherwise improve streets, alley, avenues, sidewalks, and other pubiic property in order to promote the best interest of the City WHEREAS, the Constitution of the State of Washington, Article I Section 16 and the laws of the State of Washington RCW 35 22 280(6) allow the City to purchase or appropnate private property for public use upon making just compensation to the owners pursuant to RCW Chapter 8 12 WHEREAS, the City has determined that it is in the City's best interest to cooperate with and facilitate the City of Spokane's completion of the Havana Street Overpass Project, as set forth in City of Spokane Public Works file number 2004062 WHEREAS, the property identified in Exhibit "A" is necessary to complete the Project WHEREAS, the City of Spokane has represented that it has negotiated in good faith for the acquisition of the property identified in Exhibit A, but the parties are unable to agree upon the purchase price WHEREAS, pursuant to RCW 8 25 290, notice has been mailed to each and every property owner of records, as indicated on the tax rolls of Spokane County according to such addresses shown on such rolls, at least fifteen (15) days prior to the City Council taking final action on this ordinance, including publication of notice of this ordinance in the Spokesman Review the Spokane Valley News Herald for two (2) consecutive weeks before final action by the City Counal. NOW, THEREFORE, The City of Spokane Valley does ordain- Section 1 Public use and necessity requires the City of Spokane Valley to acquire the land and property, and interests therein, as described in Exhibits "A" and "B", together with such addrtional ternporary construction easements as are deemed necessary the City of Spokane, for public purposes in order to complete the Havana Street Bndge Project, including utilities and related improvements, all as set forth in City of Spokane Public Works file number 2004062 Section 2 Subject to the terms and conditions of the Interlocal Agreement, a copy of which is attached hereto as E,xhibit "C", the City Attorney and duly appointed Special Counsel are hereby authorized and directed to commence an action or actions in the Superior Court of Spokane County, State of Washington, in the name of the City of Spokane Valley, to acquire and take by eminent domain the lands and property interests necessary to be acquired for the purposes set forth herein, the lands and property interests to be so taken situate in the City of Spokane Valley, County of Spokane, all in the State of Washington, and Page 9 of 14 more specifically described in Exhibits "A" and "B", attached hereto and by this reference made a part hereof, together with such amendments thereto and such additional temporary construction easements as are deemed necessary by City staff to complete the project Section 3 The Office of the City Attorney for the City of Spokane is hereby for the purposes set forth herein appointed as special counsel to the City of Spokane Valley Said firm shall provide all legal services in conjunction with the Office of the City Attorney for the purpose of representing the joint interests of the City of Spokane Valley and the City of Spokane as expressed in this ordinance Section 4 That compensation for the land and property interests described in Exhibit "A" and "B" and all associated costs, expenses, damages and attorney fees shall be solely payable by the City of Spokane from fund account number 3200-94991-95200-56102, and funds which are allocated toward the Havana Street Bridge Project by the City of Spokane Department of Construction Services, pursuant to file number 2004062 PASSED by the City of Spokane Valley City Council this day of , 2009 MAYOR Attest City Clerk I ~ ~ Page 10 of 14 Exhibit "A" Leqal Description of Take Hite AcQuisition (Portion of Assessor's Parcel No. 35142 9041) All that portion of the northwest quarter of Section 14, Township 25 N, Range 43, E W.M , lying within the hereinafter described Parcel "A" described as follow• Beginrung at the intersection of the north right of way line of Broadway Avenue and the east right of way of Havana Street; said point of beginning bears N 88°12'37"E , 30.00 feet from the west section llne of said Section 14 and N.0I159'41"W., 30.00 feet from the West 1/4 corner of said Section 14; thence N 0 1 °59'41" W, along the east right of way line of Havana Street, 300.00 feet, thence N 88°1237"E., 50.00 feet; thence S.01°59'41"E., 70.00 feet, thence S 43°06'28"W , 63.53 feet; thence S O 1159'41 "E , parallel to and 5 00 feet east ot' the east right of way line of Havana Street, 175 00 fcet, thence S 46°53'32"E , 14 17 feet, to the north right of way lme of Broadway Avenue, thence S 88°12'37"W., along said north right of way lme, 15 00 feet to the point of beginning Parcel "A": That portion of the Southwest quarter of the Northwest quarter of Section 14, Township 25 North, Range 43 East, W.M., in the City of Spokane Valley, Spokane County, Washington, described as follows. BEGINNING at the Lntersection of the North line of Broadway Avenue and the East lme of Havana Street, Thence North 300 feet along the East line of Havana Street, Thence East 300 feet; Thence South 300 feet to the North line of Broadway Avenue; Thence West 300 feet to the POINT OF BEGINNING, (Contains 5,712 sq £t.) Hrte AcCIuisrtion (Port►on of Assessor's Parcel No. 35142.9078) All that portion of the northwest quarter of Section 14, Township 25 N., Range 43, E.W.M., lying within the herelna£ter described Parcel "A" described as follow. Beginning on the east right of way lme of 14avana Street, said point of beginning bears N.88012'37"E., 30.00 feet; thence N 01°59'41"W., 330 00 feet, from the West 1/4 corner of said Section 14, thence N.O 1°59'41 "W., along said east right of way line, 60.00 feet to the northwest corner of said parcel, thence N 88°12'37"E., along the north line of said parcel 50.00 feet, thence S.01059'41"E , 60 00 feet, to the south line of said parcel, thence S.88°12'37"W., along said south line, 50.00 feet, to the point of beginning Parcel "A": That portion of the Southwest quarter of the Northwest quarter of Section 14, Township 25 North, Range 43 East, W M,in the City of Spokane Valley, Spokane County, Washington, described as follows. Page 11 of 14 BEGINNING at the intersection of the North line of Broadway Avenue and the East line of Havana Street, Thence North 300 feet along said East line to the TRUE POINT OF BEGINNING, Thence continuing North 60 feet along said East line, Thence East 300 fzet, Thence South 60 feet, Thence West 300 feet to the TRUE POINT OF BEGINNING (Contains 3,000 sy ft ) Page 12 of 14 ~ ~ Exhibit "B" Leqal Description of Temporarv Construction Easement Hrte Temporarv Construction Easement (Portion of Assessor's Parcel No 35142.9041) A 10 foot wide Temporary Construction Easement lying east of and adjacent to the following described parcel. All that portion of the northwest quarter of Section 14, Township 25 N, Range 43, E W.M., lying wrthin the hereinafter described 1'arcel "A" described as follow Beginning at the intersection of the north right of way line of Broadway Avenue and the east right of way of Havana Street, said point of bebinning bears N 88°12'37"E , 30 00 feet from the west section line of said Section 14 and N.01°59'41"W., 30 00 feet from the West 1/4 corner of said Section 14, thence N.0 1 °59'41" W., along the east right of way line of Havana Street, 300 00 feet, thence N.88°12'37"E , 50.00 feet; thence S 01°59'41"E., 70 00 feet, thence S 43°06'28"W., 63 53 feet, thence S.0I°59'41"E., parallel to and 5.00 feet east of the east right of way line of Havana Street, 175 00 feet, thence S 46°53'32"E , 14 17 feet, to the north right of way line of Broadway Avenue, thence S 88°12'37"W., along said north right of way line, 15 00 feet to the point of beginning Parcel "A": That portion of the Southwest quarter of the Northwest quarter of Section 14, Township 25 North, Range 43 East, W.M., in the City of Spokane Valley, Spokane County, Washington, described as follows. BEGINNING at the intersection of the North line of Broadway Avenue and the East line of Havana Street, Thence North 300 feet along the East line of Havana Street, Tllence East 300 feet; Thence South 300 feet to the North line of Broadway Avenue; Thence West 300 feet to the POINT OF BEGINNING, (Contains 3,236 sq ft ) Hrte Temaorarv Construction Easement (Portton of Assessor's Parcel No. 35142 9078) A 10 foot wide Temporary Construction Easement east of and adjacent to the following described parcel All that portion of the northwest quarter of Section 14, Township 25 N., Range 43, E.W.M, lying within the hereinafter descnbed Parcel "A" described as follow. Beginning on the east right of way line of Havana Street, said point of beguining bears N.88012'37"E., 30.00 feet; thence N.01°59'41"W., 330.00 feet, from the West '/4 corner of said Sechon 14; thence N.01°59'41"W., along said east right of way line, 60 00 feet to the northwest corner of said parcel; thence N.88°12'37"E , along the north line of said parcel 50.00 feet, thence S.01059'41"E., 60 00 feet, to the south line of said parcel, thence S.88112'37"W , along said south line, 50 00 feet, to the point of beginning. Page 13 of 14 And the north 10 feet of the west 175.22 feet, except the west 50 feet of the heremafter descnbed parcel "A" Parcel "A". That portion of the Southwest quarter of the Northwest quarter of Section 14, Township 25 North, Range 43 East, W M, in the Crty of Spokane Valley, Spokane County, Washmgton, described as follows. BEGINNING at the intersection of the North line of Broadway Avenue and the East line of Havana Street, Thence North 300 feet along satd East lme to the TRUE POINT OF BEGINNING, Thence contmuing North 60 feet along said East line, Thence East 300 feet, Thence South 60 feet, Thence West 300 feet to the TRUE POINT OF BEGINNING (Contains 1,723 sq ft ) Page 14 of 14 CITY OF SPOHCAIVE 11ALLE1( Reques# for Council Action Mee#ing aate: April 7, 2009 . City Manager Sign-aff. ltem: Check all that appfy. ❑ cansent ❑ old business Z new business E public hearing ❑ information El admin report ❑ pending fegislation AGEN!]A ITEM TITLE: Motion Consideratiort: MOU with Spukane Cvunty far #he 2009 Septic Ti ank Elimination Prvgram (STEP) GOVERNING LEGIStATiO1V: PREIfIOUS COUNCIL ACTION TAKEN: Adoption of the 2009 Budget, which includes funds for full-width street paving assac[ated with Spokane County's 2009 Sewer Cvnstruc#ion Program, Sewer prQjects on I'rst of 2009 Anticipated Council Actians for Public U1lorks Capital Improvement Projects presented at the February 10, 2009 council rrreeting, Admin Report on Drafi 1111DU with Spokane Caunty for the 2009 STFP pragram at IVlarch 3, 2009 Cauncil meetang, In'Fo RCA on March 24, 2009 presentirrg updated cost estimates for fuII width paving related to the 2009 STEP ' BACKGROUND: As has been done in previ4us years City staff has been working uvith Spokane County staff on estirnates for the city's parkion of paving roads associated with the 2009 sevarer praject areas. 11Ue have aIso been reviewing the recommended starmwater impravements #hat would be dane as part af the sewer prajects Staff will presenf the aftached PowerPaint and lead discussion on this year's STEP program OPTIDNS, 1) N'latian ta approve the MC1U v3rith Spokane County for th~ 2009 STEP prajeets, 2) provide additional direction to staff. RECOMMENDE❑ ACTION OR MOTiON: Move ta approve the 2009 STEP Memorandum of Understanding with Spokane County, and authorize the City Manager or designee to sign the Agreemenf. 8UDGETIFINANCiAL 1MPACTS The Street Capita! Projects Fund #303 and the Capital Grants Fund #307 have sufficient funds in tlne 2009 budget far the 2009 Road Paveback (STEP) projects The Stormwater Fund #402 has sufficient funds in the 2009 budget far stormwater improvements associated with the 2009 STEP praaects. STAFF CONTACT: Nei! Kersten, P'ublic Works Director Steve 1111 11Variey, Senior Capital Projects Errgmeer ATTACH!MENTS 1} PovuerPosnt Presentatian, 2] MOU with Spokane County for 2009 STEP DRAFT Memorandum of Understanding Between the City of Spokane Valley and Spokane County Pavement Replacement Cost Sharing and Drainage Improvement Costs For the 2009 Sewer Construction Program WHEREAS the City of Spokane Valley (the CITY) and Spokane County (the COUNTY) desire to work collaboratively to construct portions of the COUNTY's 2009 Sewer Construction Program together with CITY paving and drainage improvement projects; and WHER.EAS the CITY desires that the roads impacted by the construction of sewers in the 2009 Sewer Construction Program be reconsfiructed to the full preconstruction width for an improved roadway surface; and WHEREAS the CITY also desires that pavement replacement work be extended in some areas beyond the limits of sewer construction; and WHEREAS the CITY also desires that certain drainage improvements be constructed in areas that will be impacted by the COUNTY's 2009 Sewer Construction Program; and NNHEREAS the costs of such full width repaving, additional length of road reconstruction, and miscellaneous drainage improvements are not funded by the COUNTY's Sewer Construction Program, and said costs will need to be paid by the CI rY; and WHEREAS the 2009 Sewer Construction Program includes the West Ponderosa Phase I, West Ponderosa Phase iI, Valleyview, Rotchford Acres and Clement Sewer Projects within the litnits of the CITY, as iclentified in the COUNTY's adopted Six-Year Sewer Capital Improvement Program 2009-2014. NOW 1'H-~~REFORE, the CITY and the COUNTY do hereby agree as follows: 1. Prior to the bid of each project, the COUNTY shall provide the CITY with a set of project plans, together with cost Estimates indicating the extent of pavement removal and replacement to be paicl for by the COUNTY as a part of the sewer project. The CITY shall review the plans and estimate, and shall advise the COUNTY regarding the extent to which the CITY desires to add pavement removal and replacement, as well as the specific drainage improvements that the CITY would like to make in conjunction with the project. 2. The COUNTY shall prepare bid documents that include the additional work that is requested by the CITY. The CTTY may request that the COUNTY include a Base Bid Schedule and an E1lternate Bid Schedule in the bid documents to allow for a more accurate determination of the true cost impact of the additional work requested by the CITY. 3. After the bids for a project are opened, the COUNTY shall prepare the bid tabulation and provide a copy to the CITY on the day of the bid, together with a calculation of the CITY's estimated share of the project cost based upon the unit prices submitted by the low bidders. If the CITY then decides to proceed with the desired improvements, the CITY shall provide a written notice to the COUiNTY within three days of the receipt of the bid tabulation. Memorandum of Understanding 2009 STEP Page 1 of 2 DRAFT 4. The CITY's maaimum cost for the five projects shall not exceed $1,500,000.00 without writ-ten authorization by the CITY. The COUNTY shall not proceed with any work tllat would increase the CITY's cost to an amount greater than the total amount authorized. The estimated CITY costs are presented in Table 1 below. The CITY and the COUNTY recognize that this estimated total cost is for planninb purposes, and that the actual amount will be based upon final quantities atid actual contract prices. 5. Tf the CITY subsequently elects to make additions to the scope of the project, the CITY shall request such additional work in writing A corresponding ad,ustment shall then be made to the CI l,Y's share of the cost based upon the resulting increase in pay quantities and the associated contract bid prtces For work items requested by the CITY that are not covered by the contract bid prices, the COUNTY shall prepare a change order for the CITY's review and acceptance prior to work items being constrt.icted. 6. As paving operations are undertaken for cach project, the COUNTY will send progress invoices (no more than one per month) to the CITY for the CITY's portion of the cost of roadway and drainage improvements. When all paving and drainage work is completed on a project, the COUNTY will send a final invoice to the CITY for the remainder of the CITY's portion of the project costs. ror each project that is not completed by the close of the 2009 construction season, the COUNTY will send a progress invoice to the CITY prior to December 31, 2009. 7. TABLE 1 City of Spokane Vallcy Share 2009 Estimated Road & Drainage Improvement Costs Estimated Estimated Drainage Road Improvement Costs 2009 Pro_jects Improvement Costs Estimated Total Costs $3,9615000 $624,000 SPOY{ANE COUNTY: By• Date: N. Bruce Rawls, County Utilities Director CITY OF SPOKANE VALLEY: gy: Date: David Mercier, City Manager Memorandum of Understanding 2009 STEP Page 2 of 2 Detail of 2009 STEP Paving Costs rty tul city "gap" City Total Spo. Co. City % of Total FIProject Name width" Pavmg paving Costs Paving Costs Pavimg Costs Paving Costs West Pondervsa Ph 1 $ 43 1, 000 $ 240,000 $ 671,000 $ 1,005,000 401% West Ponderosa Ph 11 $ 601,000 $ 245,000 $ 846,000 $ 905,000 48°r6 Rotchfad Aaes $ 2049000 $ 228,000 $ 4321000 $ 581,000 430/o Vaneyview $ 559,000 $ 171,000 $ 730,000 $ 941,000 440/o qement* $ 257,000 $ 961000 $ 3531000 $ 7931000 31% Totals $ ?,0529000 ; 980,000 $ 3,032,000 $ 4,225,000 42% * Clement Project anticiipates receM ng $211,095 m COBG grarit iunds 1 Detail of 2009 STEP Stormwater Costs Est F roject Name Estimate Contingency Total Cost I P West Ponderosa Ph I $ 27,183 $ 11359 $ 28,542 West Ponderosa Ph 11 $ 1211000 $ 121100 $ 133,100 44th Ave UVidening $ 113,810 $ 17,072 $ 1309882 Rotchfad Acres $ 101000 $ 27000 $ 121000 Valleyview $ 177,452 $ 13,309 $ 1909761 16th & Bettmen $ 108,431 $ 81132 $ 1161563 CI em e nt $ 10,000 $ 21000 $ 121000 Totats $ 567,876 $ 559912 $ 6239848 2 Reasons for Increased Costs ❑ More Street Area ~ . Annual STEP Pavmg Quantities 350,000 326,187 300,000 - - - - - - U) 250,000 - - A 198,893 189106--7 - 194,588 m 200,000 289 126, ~ 150,000 ~ a 100,000 I 50,000 l- 2005 2006 2007 2008 2009 Year 3 Increased Costs Reasons for 0 Large lots - more paving gap areas 0 Hillside projects - sha I lower sewer trenches, more area for the City paving El More Collector Arterials - costs more to up9rade ❑ Hillside areas -more Stormwater issues need i n9 to be add ressed 4 2009 AdQoied 2009 Adonted 2009 Workina .,.E$, Fund 303 • Street CaRital Proiects Fund @11d98t LocaI.EuIlds Buda LocaL.Eunds Faoad DesFgn 8 Consfructbn ProJects opp$ PineslMansfield, Wirour Rd, to Pines $ 3,368,000 $ 259,000 1,596,000 $ 120,000 0069 Park Road Projed 2- Broadway io Indiana $ 352,000 $ 48,000 ' $ 351,648 $ 47,453 0063 Broadway Ave Safety Project Pfies•Park $ 933,000 $ 181,000 932,650 $ 188,570 om WSDOT Urban Ramp Pmjects $ 300,000 $ 300,000 276,000 $ 276,000 Applmay Ext - Universitty to Evergreen $ 937,000 $ 121,000 $ 937,000 $ 121,000 0102 SpraguelEvergreen Intersection PCC $ 1,133,000 $ 233,000 $ 1,883,000 $ 218,000 0103 PineslSpraguelMersedim PCC $ 742,004 $ 152,000 $ 912,000 $ 187,000 0113 IndianalSullivan Intersedian (moved t0 2010) $ 1,342,000 $ 275,000 - $ - ppgs SulrivaNSprague IMersection PCC (maed to 2010) $ 861,000 $ 116,000 - $ - 2009 ooss Broadway Rehab #2 - Fancher to Theirman $ 608,000 $ 82,000 ' $ 601,520 g 81,180 0071 Signal CoMroqer Upgrades (2oo8 Car►youer) $ 89,592 $ 12,084 0077 Sprague 1 CmkCm Ttafiic Sigtal CZ008 mnyaer) $ 282,000 $ 35,000 + oo9e Sprague Ave ADA Impmvements (Ss9,000 C08G gama (101~ Can'yover) $ a6,Q00 S 10,000 Capita ra9uelMcDonald Iriersection PCC (added tn place oilndanafShcivan Intersedon) $ 912,000 $ 188,W0 oto~t SP . 0112 Indlarta Ave - Ext. to Flora (New Rojea 4 TS runding) $ 738,000 $ 51,000 Projects D1~ ~~h Rd -32nd to 8th $ 550,040 S 550,000 0122 , 0e ~--974.00-0- 0,21 , a---645;080 Budget o,u EY$~~n~z~ _,sth to 3Z~, ~e~n $ ~,40o s 4M,0~ 0125 $ 412,009 $;~00 Detail Rbad Pnaservagon Profecis OtherPreservatbn Projeds $ 1,293,000 $ 1,293,000 at 1G $-69,0AO $ ---69,AA 0119 ra, 99,000, $„g9,~ 0120 ---Q. an-AliGa Rd Rehab RoAn-ii-th t-a- Qty 6imgs 02R 31,0 w , 0117 ~ 74,000 $ ;4,9~ otlo Sprague ResurfaclrtglUnlversity-Evergreen (PE $ 2,856,000 $ 2,856,000 $ 3,08D,000 $ 190,000 olts Sprague ResuriacUnglEveruneenSullhran (PE) $ 1.335,000 ; 96.000 D118 $ '1~;4A0 $-405,90A Cafingency $ 50Q,000 $ 500,000 $ 500,000 Rbad Paveback (SepUc Elimimtion) 0094 Rakwed (2008 carryover) $ 215,887 $ 20,477 2009STEP $ 1,50Q000 $ 1,000,000 0106 W. Ponderosa (SpCt iMo 2 proJects) W. Pondemsa I $ 671,000 $ 671,000 W. Panderosa II $ 846,000 $ 846,000 0107 VaOe}n+iew $ 730,000 $ 730,000 0108 Rotchfad Aaes $ 432,000 $ 432,000 0109 qemert ($211,095 CDBG Grant) $ 353,000 $ 141,905 Stormwater Improvements Total Sinet Ceptlal Pi+ojects Fund 303 $ 16,725,000 $ 7,412,000 $ 17,325,417 $ 6,115,669 2009 Capital Projects B u d9et D eta i I (continued) Fund 307 Capital Granls Fund 0054 44th Ave Pafiway: Woodnff Rd. to Sands Rd. $ 328,000 $ 44,004 325,000 $ 44,000 0062 SpraguelApplewaylDishman Mica ITS $ 124,000 $ 17,000 639,614 $ 61,903 0067 BroadwaylFancher PCC intersedbn (cN in2oos) $ 761,000 $ 102,000 $ 771,100 $ 119,100 oose Broedway Av+e - Moore to Fbra $ 6Q000 $ 12,000 $ 857,000 $ 249,000 Cantingency $ 300,000 $ 300,000 $ 300,000 Total Capihal Grants Fund 307 $ 1,573,000 $ 475,000 $ 2,595,714 $ 774,003 Fund 308 - Barker Rd Bridge • Federal Grant Fund 0003 Capital0utfay $ 5,977,000 $ 812,000 $ 8,727,004 $ 1,182,000 Tatal Barker Rd Bridge Fund 308 $ 5,977,000 $ 812,000 $ 8,727,000 $ 1,18~,000 Total 2009 Capibl ProJects Budget $ 24,2751000 $ 817099000 E 2896489131 $ 800719672 6 Transpoftation Projects Funds 303, 347 & 308 - City Funds Only (Does not include Grants Funds) Estimated Adopted Actual Expenditu Excess/ Year Budget Expenditures res Shortfall 2007 $2,855,321 $672,r964 $2,182,357 , 2048 $4,895,559 $4,225,214 $670,345 2009 $8,709,000 $8,071,672 $637,328 ~ 2009 Projects on hold until ' STEP projects are bid El Bowdish Rd $550,000 El Evergreen/32nd $406.,000 ❑ Contingency - 303 Fund $500,000 ❑ Contingency - 307 Fund $300,000 Total $1,756,000 8 Program MOU 2009 STEP Recommend Amount , ❑ Full Paveback $3,032,000 ~ ❑ Paveback Contingency 305,000 ❑ Stormwater Imp-rovements 624,rOOO Total $3,961,000 Full Paveback amount shown above does not include the credit for the CDBG Grant ($211,095) for the Clement Sewer Project I 9 I - - - - . J Reasons for Recommending Approval of for $3.961 Million STEP MOU Provides complete upgrades for 2009 STEP Projects City pays 42% of the cost for new streets; County pays 580o Total cost fits within 2009 adopted budget . Streets not eligible for State or Federal Funding Programs I Stormwater costs paid from Stormwater Fund 1o _ . , Qonso uest i.? 11 CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: April 7, 2009 City Manager Sign-off: Item: Check all that apply: ❑ consent ❑ old business ❑ new business ❑ public hearing ❑ information 0 admin. report ❑ pending legislation AGENDA ITEM TITLE: Studded Tires GOVERNING LEGISLATION: PREVIOUS COUNCIL ACTION TAKEN: BACKGROUND: Joe Tortorelli, Secretary of Spokane Area Good Roads Association, will give a report on pavements and studded tire damage. OPTIONS: RECOMMENDED ACTION OR MOTION: BUDGET/FINANCIAL IMPACTS: STAFF CONTACT: ATTACHMENTS: PAVEMENTS AND STUDDED TIRE DAMAGE WSDOT - State Materials Laboratory Introduction To date, damage caused by studded tires has been difficult to quantify; however, with improved technology it is now possible to measure the amount of damage studded tires cause on state highways. Direct measurements of this damage can be made on concrete pavements and accurate estimates for hot mix asphalt pavements will be possible in the near future. Measurements on concrete pavements indicate current damage due to studded tires to be $18.2 million. Damage estimates for hot mix asphalt pavements cannot yet be determined due to software limitations, but estimates will be available by late 2006 or early 2007. Studded Tire Pavement Damage Studded tires damage hot mix asphalt and concrete pavements, wearing away the pavement and eventually forming ruts on the pavement surface. This type of rut damage is called `raveling.' Raveling on concrete pavements only comes ftom studded tire wear, raveling on hot mix asphalt comes primarily from studded tire wear with a lesser portion coming from general tire wear. Concrete Pavement Studded Tire Damaae The carbide steel in the studs is many times stronger than the surface of the concrete pavement and over time the studs grind away at the pavements surface. Eventually ruts form and when the ruts become severe, pavement rehabilitation is required to restore a smooth, even surface. New, Undamaaed Concrete Pavement: Photo 1 shows a newly constructed concrete pavement on southbound I-5 in the vicinity of 317fri-n Federal Way. Construction occurred in the summer of 2005 and at the time of the photo, this pavement had received no vehicle Vaffic. The surface treatment on this concrete pavement was produced by dragging Astroturf (Photo 2) over the unhardened concrete surface, providing a skid resistant surface, as well as a quieter pavement texture. This section will be studied more closely over the next several years to determine long-term durability, skid resistance and noise reduction qualities. - - - - - I ` ~ - . . . . _ i - • - ' • . . . . z.. ' ' . - 'J , . . . . ' - . rr_ . • I' • - , . . . . ' ' , . . . - ' - ' - ` -1- Photo 1. New concrete pavement on southbound I-5 in the vicinity of 317°i Constructed 2005, not yet under traffic. Pavements and Studded Tire Damage ~ March 2006 . 4 a 7, A. ,t5:~ ,t..~'•`' . Photo 2. Texturing concrete pavement with an Astroturf Drag Eight year oid concrete pavement. Washington State: Photo 3 shows a concrete pavement constructed in 1995 on state route (SR) 395 in the vicinity of Ritzville, just south of Interstate (I) 90. At the time of this photo, this pavemerrt had been in service for eight years (photo taken in 2003). The current average annual daily traffic on this route is approximately 6,800 vehicles. This pavement had a surface treatment that is referred to as 'transverse tining,' Transverse tining is created by pulling a rake across the wet concrete which forms shallow grooves on the surface, similar to the texture of corduroy (Photo 4). These shallow grooves, or tining, increase the pavement skid resistance. Photo 3 shows that the tining has been completely removed from the wheel paths, due to studded tires, while the tining outside of the wheel path is intact at the edges of the pavement. . , . : ' . - . - - - Np Tining.in ~ - _ •wheel paths ~ . _ . - _ . . -Tining , - - - - - _ ' 1. _ I_ 'r . I'~1 , _ ..Yi1• ~ s'~~4~~. j, . . _ ~ ~ . ~ ' . . if' ~ ' ~ 'j`( i 1 ' ,.•h ~ ~.•~~i f ~f :i~rl~~/~~?~~ , 7/i / I ~ i~ + . 'il~{1~t ~~Z.-l~ t; d a,t~~1- ~ , j"~'~1 'r ifl ~ r ~ ' j I~ 7 ` ~ 1 ~ ~1C!) 1' !i~5 ~ , , - ' L e`'~l~dat.s... . . . .rXa i ,1 . . 5•, . , ' Photo 3. Concrete pavement on SR-395 south of I-90. ADT: 6,800 vehicles . .r.< < - r,-: Pavement Performance and Studded Tires 2 March 2006 . ~ i . . , ~ . . + . l'.` S. r.-) ~ n. ' ~`nrv, ~ _ a , .1 _ . • - ~1 ~ S--~ b ~ Photo 4. Transverse tining of fresh concrete pavement. 16 year old concrete oavement, Texas: Photo 5 shows a 17 year old concrete pavement constructed in 1989 on I-45 in Houston, Texas (photo taken in 2005). Atthough the state of Texas allows studded tires, their mild climate results in almost zero studded tire usage, and consequently, no studded tire damage. This roadway carries approximatety 178,000 vehicles per day, yet after 16 years the original tining marlcs are clearly present and unwom. Contrast Photo 5 with Photo 6, which is a similariy aged concrete pavement in the Seattle area with less trafFc. The Texas highway has one and a half times the traffic volume of I-90, yet the Washington State pavement cleariy shows wear while the Texas highway is in like new condition. r ~~r ~ ~ , ~ l ~ ~ is ~ ~ .~i,1/,~/,,:1,~ /,~f ~ ~ I r' ! , ~ ~ ~ 1 ti ~ ~j~ l f~ 1~ ~i .~f ~ ~ ' AW ~ r f~ ~ ~1~►t~~ i'/ ~ ,f~, l • f ~ J j , ( ~ ; ~ ; ~ t ~ . 1~ 1~ \ , lJ f ~ , , ~ ~ 1 ; 1, `~t 1 t ~ ,i ~ 1~ i V ,i f,,/r'% ~ r , ,~f , } ~ ~/~Il,fi ~ ,;1 ~ ~ ~ i i~t: < < ' 41 t~ll.~~~,~t►i~, r,~I~~1, .!~r,r'; ;f►~ ~<<,!~},,,~,,.t. t,, / • ; r / 1, ~ ; r r 1 . r 1 ; ~ ~ ~j ! t } j ~ ~ , . ; l1, ` ~ , ~ ~ , ' ; ~ t.l_~11 I ~ ,1-•j ; ~ 1f,~, ~ 1+ ~ ~ _r l'1/ j, ~ . . . . . t 4~' ..-j .'r~ , . . . Photo 5. Concrete pavement on I-45 in Houston, TX. ADT: 178,000 vehicles Pavement Age: 16 years 16 vear old concrete oavement, Washinaton: Photo 6 shows a 16 year old concrete pavement constructed in 1989 on I-90 in Seattle in the vicinity of Rainier Avenue (photo taken in 2005). This pavement has an average annual daily traffic of 120,000 vehicles. Pavement Performance and Studded Tires 3 March 2006 . - - -_r._r~ - - - - _ , .r. • \ - .ti - ~ - - _ - - - ~ ~ . , . . . ~ . . ~ : H . . . i _ " . ~ ' • ` , • _ ' . , ' -t_I . ' . . ~'i.: ~ ' ' , ' . . . ~ . . ~ . . ' _ _ i :,~i ~ • , . ' - . ' ~ ' - ' _ i~~r ~ ~ , i • ~ ~s ' f_, . , ~ . - . . .l„ ~ ~ : ~ ' 1 . y~ ~ ~3 r- I, C~ _ e~ 'r►r----r _ ~f ' . . . _ i . 'J. ♦ - . Photo 6. Concrete pavement on 1-90 in Seattie (Rainier Avenue). ADT: 120,000 vehicles Pavement Age: 16 years In the 1970's the state of Minnesota was able to successfully ban the use of studded tires. Photo 7 (taken in 2005) shows the surface of a concrete pavement on I-94 in Minneapolis. This pavement wac constructed in 1977 and currently carries an average annual daily traffic of 130,000 vehicles. . - . . ,i , . . : _ . ; ~a ; . . • . • ' ' 1...- L~_:.-"; - ~ + ' - + ;ti. z ~ - . 1 : v: . I ~ ~ ~ ~ ~ :i 3 ~ i ~ 'r~ ~ ~ . ~ ~ ' ~ S . : 'i i _ ~ 1+ i i r } ~ • ~ , ~ t ,ti . 1:'"~~, . • 3;. f , f ~ , iw ~ ~ • , ~ ~ • ' , I . , l ~•~~~}'t f,a - - , • ' , ~ • ~ 4'.'~ -~S { L ~•~t.- ~ - ` ' t i { ~ } / ~ ~ i':~1 1 • ~ .j-s. ` • ~ ' ( ` , ~ s , y . ~ 1~ i.~~' ~ . { ; '~R - ' ~ ' ~ ~ ~ : { . , : , • . , ' ; ' ~ ~ 'j f i - l ~ 1~'i. ~ .~~.1. V.n . i i i • _ . ~t . , ~ j t l ~ ; ~ 2 ~ s ~ ; ' . ~ j . ~ . `I - t . ' ~ - . f r, i` ~ ~ ~ ~ ; ,i -c~ ~ ~ ~ . ~ • f~ ~ ~ ; . ~ , j ; i - :t _ ~ ~ ~i j• '~ti i~ A~~ t ~ ( -f i ' ~ r ! y . , ~ 1~ ~Ar~'r~-:ti:Z , . Photo 7. Concrete pavement on I-94 in Minneapolis, MN ADT: 130,000 vehicles Pavement Age: 28 years Pavement Performance and Studded Tires 4 March 2006 - 28 vear old concrete pavement, WashinQton: Photo 8 shows a 28 year old concrete pavement constructed in 1977 on I-90 near Preston-Fall City. The average annuai daily traffic on this section of pavement is 50,000 vehicles. ~ :~~1:~':~ . - i . ~t~ ir'r ~ . > > = ' -~~s i-rr`..,~ _a<:•.;.i. ^ Z ~ l 'a 'ic~'~ ' .t~r~ :'-'i-. '~.r~S~~ X 'i- ~ - jt 1~ ~ . _ -J' - 't+;-c T^ , ~X'• t s~"~~f'~ ~ .ti' ~j~, y _'~i►~ v ~ '.~,f T:~~~ ..t:~; ~i,~j_~Ii~ Y Photo 8. Concrete pavement on I-90 near Preston Fall City. ADT: 50,000 vehicles Pavement Age: 28 years 34 year old concrete Qavement. Califomia: Photo 9 shows a concrete pavement on SR-101 in Ukiah, Califomia. This pavement was constructed in 1967 (photo taken in 2001). Like Texas, California allows studded tires; however, the mild Califomia climate also resuits in negligible studded tire usage. Contrast this photo with the damage seen in Photo 10. The current average annual daily traffic on SR-101 in Ukiah is approximately 26,000 vehicles. ~ -•y `F ; - r, . -R t w+r - - ♦ 1 ~ , ' ! . I i ' ~ ~ ~ r - . . r ~f _ . . . •~F - ti ' • . _ ~ 1 - I ^ •1~,~ Photo 9. Concrete pavement on State Route 101 in Ukiah, CA. ADT: 26,000 vehicles Pavement Age: 34 years Pavement Performance and Studded Tires 5 March 2006 , 34 vear old concrete pavement, Washinqton: Photo 10 shows a 34 year old concrete pavement constructed in 1967 on I-5 in Seattle in the vicinity of Boeing Field (photo taken 2005). The average annual daily traffic on this section of pavement is 204,000 vehicles. : - ~ : - ~ - - - _ - I/! a.a~►= • :{K2.=,...s'~±t~~,,-.s r. _-~,ar - . _ .Lr.y.n~,e-~ - -yhw;, ~::r~.-s.iti w- , ~ r►1•.:~ ~v^ 1 _ . ' _ ~ ' ' - ' , y - . - - - ' ~ 'r ,4t, f 1 ~ i%'i.~~~ w.~~C3~ ~T.:~''..a•• r`j3K,:~~.. , _ . . _ ' _ . - r. _ , - • , • _ _ . ' . , _ - . _ , , ` ~ . . ' _ ' . - ~ ' ` = - " ,S" C ' y - ' ' u r. t~ ~,1 ~ r-~ i M- r•= . _ .Y. SY~ 4 ~ ~p ~ tas ,c.--._ 1.-~-. . _ - - - . . - - - - , - - ' • _ r,r' • • ' . . _ . _ . ' • • ' - . l . r`` 7_ ' - . ' y ,.r , ~ . , ~ r.- • ' • - 4- _ ' . . . - 4 . • I ^ Photo 10. Concrete pavement on ADT: 204,000 vehicles Pavement Age: 34 year~ 40 old concrete aavement, Washincrton State: Photo 11 illustrates the concrete pavement surface on I-5, in the vicinity of the Tacoma Dome. WSDOT constructed this pavement 40 years ago, in 1965 (photo taken 2005). This section of I-5 has a current average annual daily traffic of 194,000 vehicles. Studded tires have wom away the top surface of the concrete, exposing the large rock below. The wom areas are lower than the rest of the pavement, forming nits that tend to pond water, creating safety concems. Severe ruts must be addressed through pavement rehabilitation. The wear is more prevalent in the wheel k, _ ♦`Ir r,.. i-,-1~` ~rt j,-- .riC~ 1 1+~ - I i'c.. Pavement Performance and Studded Tires 6 March 2006 ~ - - - . _ - - - - - - ~^-z-o . _ . • , - - - . - - - - - Photo 11. Concrete pavement on I-5 near the Tacoma Dome. ADT: 194,000 vehicles Pavement Age: 40 years 48 year old concrete pavement. Washinqton State: Photo 12 shows the concrete pavement surface on I-90 in Spokane, vicinity of Altamont Street that was constructed 48 years ago, in 1958. This section of I-90 has an average annual daily traffic of 100,000 vehicles. What is interesting to note on this pavement section is that in 1995 WSDOT conducted a rehabilitation project fo diamond grind the existing surface to remove studded tire damage, 11 years later the studded tire wear continues to develop and is visibly noticeable (photo taken 2006). This photo also shows all three lanes on this highway section. The bottom of the photo is the far right lane and the top portion of the photo shows the far left lane. Another characteristic that is typical of studded tire wear is that on multi-lane facilities (3 or more lanes in one direction) the middle lane generally has the most severe studded tire damage (i.e. the location of the majority of the passenger vehicle traffic). - - - - - - . . - - - ~ - - = - - - - - - ~ _ . - - : _ , - , - - . , - - , • • ~ , ' y . . ' - ~ ~\I ' • • - . . ` ' a . . _ • • . • _ « ~ . . ' . . ' ' . ' ~ . - i . _ _ ' ' ` . . . - . ' . . . Photo 12. Concrete pavement on I-90 in Spokane. ADT: 100,000 vehicles Pavement Age: 48 years Pavement Performance and Studded Tires 7 March 2006 The following table illustrates the arnount of wEar dut to studdeci tires that is present on the --oncrete pavements of Washington State compared to comparabie pavements (in agr) to zhose in Califorr;;a. ic. •:~,s ~.nc! P~1~~;n~~~:ta IcUiC 1. S~n~n~~ry cT vtaLC COii:,fCtC f'dV'CfliCfii Average Daity Two Depth of Way Traffic Wear State Roadway Age Volume (mm) Washington ~ SR-395 Ritzville ~ 11 years ( 6,800 I 1 Texas ~ I-45 Houston ~ 16 years ~ 178,000 I 0 Washinqton I I-90 Seattle - Rainier Avenue ~ 16 years ~ 120,000 ~ 2 Minnesota ~ I-84 Minneapolis M 28 years I 130,000 I 0 Washington ~ I-90 Preston-Fall City N 28 years ( 50,000 ~ 7 Celifomia ~ SR-101 Ukiah N 34 years ~ 26,000 ~ 0 Washington ~ I-5 Seattle - Boeing Field M 34 years ~ 204,000 ~ 5 Washington ~ I-5 Tacoma N 40 years I 194,000 ~ 7 Washington ~ I-90 Spokane ~ 48 years ~ 100,000 ~ 7 Hat Mix Asphait Pavement Studded Tire Damage Damage to the surface of hot mix asphaft pavements comes in two main forms: pavement rutting and pavement raveling. While both rutting and raveling produce the same results, the source of the damage is quite different. Hot mix asphait pavement rutting (also referred to as'shoving` or `plastic flow°) comes from trucks: the pavement is insufficient to support the heavy truck weight and deforms under the 1oad. Hot mix asphalt pavement raveling comes from tire wear and especially from studded tire wear. The studded tires dig into the pavement and pick out the small aggregate, eventually forming a rut. Although both rutting and raveling form ruts, they are quite distinct in cause and appearance. Figure 1 illustrates the difference between rutting (plastic flow caused by trucks) and raveling (caused by studded tires mounted on passenger vehicles). N a. HMA shoving due to trucks III ft b. HMA raveling due to studded tires Figure 1. Schematic of rutting (plastic flow) versus raveling. A spectacular, but not typical, hot mix asphatt pavement nitting failure is shown in Photo 13: too much liquid asphaft in ihis pavement lead to the rapid rutting and shoving seen in the photo. Please note that this is a rare failure on a very small section of a truck weigh scale; the majority of hot mix asphaft pavement rutting is not this severe. r J ~ Pavemerzt r'~rt~:r:,~:rc:: ar.d Stud~~~-d i irr:, March 2006 ~ ~ r c i - ~ - _ . r ~ _ ~ , _ -A . .y4*.C:-`,..~ . - _ ' "''r . ...y'~ • tt-• ~i • •iR _ - ~ ` " _ f!~': , . _ . ,t.. I Photo 13. Spectacular, but not typical, hot mix asphalt pavement rutting (I-90 Port of Entry Weigh Scale, Spokane vicinity). Hot mix asphalt pavement raveling due to studded tires is quite different in appearance (Photo 14). Studs grind the surface of the hot mix asphalt pavement, wearing a groove into the roadway. In Photo 14, note that the dual wheel width of the semi truck exceeds the width of the studded tire groove (or rut), while the car wheels of the vehicle shown in the background lay directly within the wear pattem. The dynamics of studded tire action include three phases; as the studded tire moves over the pavement, there are "spikes" in force at the beginning and at the end of contact. During these spikes, energy is transferred to the pavement in the form of scratching. Between these spikes, the studs have a"punching" action that breaks up aggregate and picks out the pavement surface. - i ! A. P-M i_ x. f - 1 1 Photo 14. Wear due to studded tires on a hot mix asphalt pavement (I-90 in the vicinity of the Idaho Border). Pavement Performance and Studded Tires 9 March 2006 . Photo 15 shows a ciose-up of an open-graded hot mix asphalt pavement that has been damaged by studded tires. This pavement was originally placed in 1992 and was repfaced three years later due to the significarrt rut caused by studded tires (approximatety 1-'/z inches deep). ~ - , ~f r ~ • ► -:f~ . . t • . . * •r;'; •,J . I ~ - - • r ,r~ ' ,1I I . ~ I . 1 . - Y t 'Jt si'} - j.%; - ♦ ~ ' ` _ .i. 1 IS ` J'. Photo 15. Studded tires raveling on hot mix asphalt pavement on I-90 vicinity of Idaho border. WSDOT Methodology for Evaluating Pavement Damage Due to Studded Tires New technology and equipment have provided the opportunity to accurately measure studded tire damage on state highways. Previously, ruts were measured using a system composed of three lasers: one laser near each wheel of the measurement van and one in the center of the lane. Though this system provides a good measure of the rut depth, accurate measurement of the maximum rut depth was highly dependent on the location of the vehicle within the lane of travel. Now the rut/wear depth measurements are collected with the use of an 'INO Laser Rut Measurement System (LRMS).' The INO LRMS, manufactured by the National Optics Institute of Quebec, Canada, employs finro laser line sources that measure the entire lane width. The INO laser measures the deformations of the pavement surface at '/e fnch intervals (over 1280 measurement points per 12 foot (ane) allowing for a highly accurate measure of ruttinyMrear. The INO LRMS system (Photo 16 displays the INO LRMS mounted on the pavement condition van) is used in conjunction with the Washington State Pavement Management System (VNSPMS) to evaluate the pavement condition on all state highways. WSDOT measures the pavement condition (cracking, rutting and roughness) of every state highway, every year. On two lane highways, the most heavily travefed direction is measured and on multi-lane highways the most heavily traveled lane in both directions is measured. In all, WSDOT measures and evaluates the pavement condition on over 7,000 centerline miles (approximatety 10,000 lane miles) of highway every year. The pavement condition van (Photo 16), travels at highway speeds and collects the rutting data using the INO system, collects data that relates to the roughness of the roadway, as well as collecting high-resolution digital images for determining the amount of pavement cracking and patching. Pavement Performanae and Studded Tires 10 March 2006 - ~ . -ser ~ _ . , . 44r ►tr u►, l , r ~ ~•t~ ~t , Photo 16. High speed WSPMS van and schematic of ruttwear depth determination. 3 . - ~ '~R; } I _ ,'f ♦ _ . . . ~ ~ I ~ Yti r p _.L I W _r•~. - _ • I I Photo 17. WSDOT pavement condition van. Once the rut measurements are collected, they are analyzed to determine the maximum ruttwear depth, the location of the maximum ruttwear and the width of ruttwear in each wheel path. Figure 2 and Photo 18 show the studded tire wear on a concrete pavement. Pavemertt Performance and Studded Tires 11 March 2006 , . It~i xl ~ 00:22:36:1 4 .00:22:36:1 nr` A6 ~ ~ • ~ Studded Tire Wear 00:22.36.0 ~ ~1 i~••Y'i'~_ ' , . • y ' , 0.2236.0 'i✓ •r • T~.'r~;{~ i ' ' - ~l~r.~•~ r .Ny• ~ 1 • . - ' ' . ~ { ~~1 • :1 ► ~ J t%S ~ • s s'.~; t~L, I•~ r•• ~f .,-.M~ ~i.. . t': ~ ~ t* -~r s ''j . ' ._u ~ . 44' -•~:':x►::;'.rK _ y ~,t . Y i' tY'~ ~.~~j~ -b j)►,4+-"" VZ''~:r='~~~~i' ' j' 1 M Y ! :7 Tt J' ♦ ~ ~~1 . ~ ~.rii~`?.~•.•~•~ :t: k~:.l ' •'~.-=~1'! : "1•. 1 ° .S \~tf~ i' j' '~1 w 1 . i~1'',1y~ * aL, ~r.L, . ~ Photo 18. Pavement view in location of studded tire wear (I-5, northbound, milepost 112.23, Lacey vicinity, concrete pavement). 0.30 0.20 ~ 4.6 feet ~ 0.10 L ~ I+ u Art v 0.00 °C pavement -0.10 s urtace 1 -020 -0.30 - 0.0 2.0 4.0 6.0 8.0 10.0 12.0 14.0 Transverse Dtstance (ft) Figure 2. Transverse profile in an area of studded tire wear (I-5, northbound, milepost 112.23, Lacey vicinity, concrete pavement). Figure 3 and Photo 19, show nttting on hot mnc asphait pavement. Pavement Performance and Studded Tires 12 March 2006 1rna~p~e 00:12:3I:15 0:42:37:15~ek - ~ - ~ . . , -~;!'k a . ;1• i,i 9• ~ ~ ' t t . . ~ + ' .r • tri 7 T ~+i - . i - ~;,i ~ ~ ' i " , * . ri•~~~ ~ ~`T ~;.f~ ~ • n . - Y Y' - ` ' ~ ~ ~ • .~-r 4W _ . • • 00:42:37:13 1 .~1, . Photo 19. Pavement view in location of rutting (I-5, southbound, milepost 63.00, Toledo vicinity, hot mix asphalt pavement). shoving 0.30 7.4 feet 0.20 - ' , 5.3 feet shoving 0.10 ` ~ t ~ 0.00 04 ~ -0.10 _ Pavement s u rface -0.20 -0.30 0.0 2.0 4.0 6.0 8.0 10.0 12.0 14.0 Transverse dstance (ft) Figure 3. Transverse profile in location of rutting (I-5, southbound, milepost 63.00, Toledo vicinity, hot mix asphalt pavement). The profiles above are exaggerated on the vertical scale, compared to the horizontal scale, but they provide a clear picture of the amount of wear or rutting. The example on concrete pavement wear is Pavement Performance and Studded Tires 13 March 2006 entirely due to studded tires and shows a loss of material from the pavement. The example on hot mix asphatt pavement ruts are from shoving (or plastic flow) where the pavemerrt has been physically deformed by heavy truck traffic. Once the nrtting/wear data has been collected, the amount of damage due to studded tires can be determined. On concrete pavements all of the wear damage can be attributed to studded tires; if all lane miles of concrete pavements are measured, then the extent of the studded tire damage can be determined. For hot mix asphalt pavements the situation is more complicated, in that shoving (or plastic flow) rutting needs to be distinguished from raveling. The current soflware used with the INO system cannat separate out these two types of damage to the surface of hot mix asphatt pavemerrts. We are working with the software vendor to have the software revised so that we can determine the amount of studded tire damage on hot mix asphalt pavements. We hope to have this software revision sometime in 2006. Analysis Consideratlons 1. The annual pavement condition survey is canied out only on one lane in simple two-way highways and one lane in each direction, generally the outside lane, on mutti-lane and divided highways. On highways with hot mix asphalt pavement and three or more lanes per direction, it is often the second and/or third lane from the right that appears to have predominantly studded tire wear and unfortunately, this is currerrtly not the lane where the annual pavement condition survey is collected. For hot mix asphatt pavemeMs, the outside lane evaluation has to be used to estimate the amount studded tire wear on inside lanes. This could probably be accomplished by assuming a passenger car lane distribution factor (i.e., deteRnine the amount of studded tire wear in the survey lane and then relate this amount of wear to the adjacent lanes that have more passenger car traffic). 2. For hot mix asphalt pavements on multi-lane and divided highways, the outside lanes where data is collected may have a combination of studded tire wear and rutting due to trucks. Whether the studded tire wear and rutting can be separately identfied from the transverse profile has not yet been evaluated. If it is not possible to separate them, assumptions have to be made to prorate the amount of ruttinglwear to each of the failure modes. 3. The INO LRMS is a new technology and has not been perfected with respect to acquiring 100 perr.ent of the data 100 perceni of the time, resulting in missing data for some of the roadway sections. These are identfied in INO LRMS data acquisition and these can be excluded from the analysis. There are sufficient roadway sections with complete data for the proposed analysis. Proposed Analysis Methodology For concrete pavements, the maximum wear depth will be evaluated at approximately 0.1-mile interval for all lanes. The wear on PCCP is entirely attributed to studded tires. The cost of the damage to pavement will be evaluated as the amount of grinding required to remove the wear when it reaches a threshold for corrective action. Results of Concrete Pavement Analysis During 2004, as part of a concrete pavement rehabilitation study, WSDOT evaluated all lanes of concrete pavement on the state highway system. Table 2 illustrates the total number of concrete pavement lane miles according to the amount of ineasured studded tire damage. Pavement Performance and Studded Tires 14 March 2006 ~ Table 2. Summary of studded tire wear on concrete pavements. Rut Depth Number of (mm) Lane Miles 2-4 ~ 285 4-6 ~ 507 6-8 ~ 374 8 -10 ~ 200 10-12 ~ 135 12 -14 ~ 60 14 -16 ~ 24 16-18 ~ 12 18-20 ~ 3 Total ~ 1600 Number of lane miles with more 234 than 10mm rutting , WSDOT's criterion for pavement rehabilitation due to pavement ruttinglwear is 10 mm (-0.40 inches). Of the 1600 lane miles of concrete pavement, 234 lane miles exceed the threshoid for rutting and need some type of rehabilitation. On concrete pavements, the primary methodology for removing pavement wear (if no other pavement distress is evident) is to diamond grind the pavement surface. The average cost for diamond grinding is approximately $90,000 per lane mile (this includes all construction costs, including traffic control, mobilization, etc). Concrete pavement rehabilitation projects already programmed for other types of pavement distress overlap with these 234 lane-miles. If we are already going to rehabilitate a section of highway for other reasons (usually due to faulted pavement or structural damage), then we must remove these from the studded tire damage analysis. There are 32 lane-miles of planned rehabilitation; removing these projects leaves 202 lane-miles needing rehabilitation due to studded tire damage. At $90,000 per lane mile and 202 lane-miles, there is $18.2 million worth of studded tire damage to existing concrete pavements. CONCLUSIONS Studded tire usage has caused at least $18.2 million damage to concrete pavements as determined by detailed rutting measurements. Damage may be similar, or much greater, for hot mix asphalt pavements, but deteRnination of that damage will have to wait until software can be modified to perform the analysis. Next steps: 1. Modrfy the INO software to allow calculation of studded tire damage to hot mix asphalt pavements. This work is underway and should be completed before the end of 2006. 2. Continue to gather annual rutting data and determine if there are trends in the accumulation of studded tire damage. 3. Locate funding sources to repair pavements damaged by studded tires. Pavement Performance and Studded Tires 15 March 2006 Appendix A: Studded Tire History in Washington State Prior to 1969, Washington State law prohibited the use of studded tires. In 1969, legislation was introduced and approved which made the use of studded tires permissive year round. The following is a brief summary of everrts that have occurred from 1971 to present. 1971 WSDOT interviewed Washington residents to estimate the number of vehicles that were ~ equipped with studded tires. The interviews were conducted at six locations in western Washington and nine locations in eastem Washington. Irrterview resutts indicated that 25% of the people in westem Washington and 43% of the eastem Washington residents used studded tires. Of those people interviewed at North Bend and Cle Elum who were crossing Snoqualmie Pass, 44% had studded tires on their cars. At that time, V1ISDOT estimated approximately 30% of the vehicles statewide used studded tires. Evidence of the damage caused to the roadway (i.e., pavement, striping, and lane marfcers) was collected and tested on the WSU test track. The departrnent succeeded in having the use of studded tires restricted to the period from November 1" to Apri11 'd. 1974 US Departrnent of Transportation issued the following `StatemeM of Policy' to all states & local govemment: 'Available irrformation indicates that there is no net safety benefit to be derived from the use of present studded tires. This fact, coupled with the excessive wear and physical damage to the roadway surfaces provides a sound basis for precluding the continued permissive use of a convenience feature, which is effective for relatively short periods of time. This warrants State and local consideration of efforts to ban or limit the use of studded tires which cause more pavement wear than nonnal treaded tires'. 1977 WSDOT prepared a report on the effects of studded tires on roadway surface integrity. The following is a summary of this report: "Studded tires wear road surfaces at rates substantially greater than other tires. Most damage is in the form of rutting and reduced skid resistance. Such damage increases the potential for accidents caused by slippery pavements and by hydroplaning. Studded snow tires provide about a ten percent advantage over conventional tires in stopping ability on glare ice and hard packed snow. In all other situations, studded tires provide no advantage and even an 11% disadvantage on wet hot mix asphatt pavements. It's estimated that there is compact snow or ice on our roadways only 1% of the time.' 1982 The 1977 report was updated to reflect the fact that fourteen states have banned the use of studded tires. 1984 An informal survey conducted in 1981 and again in 1984 indicated that studded tire usage is now about 9% in Westem Washington and about 25% in Eastem Washington. 1984 WSDOT prepared and submitted legislation to ban the use of studded ares, legislation failed. 1987 WSDOT prepared a position paper regarding studded tires. The purpose of this document was to provide updated information about the relative merits and impacts of studded tire use. Once again, the Department submitted legislation to ban the use of studded tires. The bid did not pass. 1990 For three years, the Department didn't pursue legislation to ban the use of studded tires. With improved all weather traction tires on the market and after a survey indicating a decline of studded tire sales, ft had been assumed that the problem may eventually solve itself. 1991 HB 1154 was introduced to ban studded tires. The bill was amended to impose a$25 tax on each studded tire sold. This legislation did not pass. 1993 SB 5151 was introduced to ban studded tires. The bill was amended to impose a$25 tax on each studded tire sold. This legislation did not pass. Pavement PerfoRnanoe and Studded Tires 16 March 2006 , 1994 SB 5151 goes back to its original language. The Department and the Washington State Patrol testified in favor of the bill. The bill was amended to impose a permit fee of $8 per tire to be paid annualty. Departrnent of Licensing would issue stickers to be placed in the windshield of automobiles using studded tires. The legislation did not pass. HB 2233 was introduced which would outlaw studs west of the crest of the Cascade Mountains unless it is snowing in Westem WA. WSP testified against the bill because of enforcement. This bill did not pass. 1995 SB 5568 was inVoduced to define a lightweight stud (50% lighter than today's studs) and define when the lightweight studs would go into effeck Lightweight studs claim to do half the damage as regular steel studs but the bill never passed out of committee. 1996 SB 5568 was again introduced, ending in the same resutts as 1995. 1997 SB 5250 was introduced, which is the same bill as in 1996 but the studs are only 35% lighter than the standard stud. 1998 WSDOT requested legislation for a 15% lighter stud, this died in the Rules Committee. 1999 Same request as 1998 but bill passed and became law May 7"', 1999. 2000 No legislation. 2001 Due to Blue Ribbon recommendations, legislation was introduced to place a$15 fee on each studded tire sold after Jufy 2001. Also, in the House, a bill would have reduced the length time of studs could be used in Westem Washington to just 3 months (December thru February). None passed. 2002 No legislation. 2003 Legislation proposed to enact a$15 fee per studded tire, this bill did not make it out of committee. Pavement Performance and Studded Tires 17 March 2006 Appendix B: Industry Estimate of Studded Tire Sales Washington States Use of Studded Tires The Northwest Tire Dealers Associated' provided an estimate of the number of studded tires sold in Washington State. The resutt of this estimate is shown in Figure B1 and indicates that the amount of studded tires sold in 2003 is 50 percent of those sold in 1996. ~ 300 250 o 0 C/) m ~ s 200 150 -o ~ 100 ~ in 50 0 1997 2003 Figure 61. NW Tire Dealers Associated estimate of studded tires sold in Washington State. ' Letier sent to Chris Christopher, WSDOT State Maintenance Engineer irom Richard Nordness, Executive Diredor, NW Tire Dealera Assodation on January 27, 2004. Pavement Perforrnanoe and Studded Tires 1$ March 2006 Appendix C: Nationwide Studded Tire Usage The follawing graphs illustrate the usage of studded tires in the United States. MN i WI MI Il A' ~ cm , LA .o o~ ~Q Figure A1. States that ban (shown in white) the use of studded tires. ~ ~ ~ ~ w,r co ~ ~ M ~ rw ~ ~ . ~r Figure A2. States that allow (shown in white) studded tires with no restrictions. Pavement Performance and Studded Tires 19 Odober 2005 YA ~ KT ND ME OR ID gp NY ~ Iq PA ~ r111 UT IN ~ ~ E KS HMO VA AZ ~OK AR TM SC AL GA TX AK FL » Figure A3. States that allow (shown in white) studded tires with date restrictions or lightweight stud requirements. ~ Pavement Performance and Studded Tires 20 ~ Odober 2005 Appendix D: Concrete pavement projects programmed in the 05-07 biennium Number of miles with State > 10mm Route Project Title Project DescriQtion wear 5 I-205 to North Fork Lewis River Bridge Dowel bar retrofrt and diamond 5.30 grinding (southbound only) 5 Pierce County Line to Tukwila - Stage 4 Dawel bar retrofrt and diamond 18.19 grinding Four new lanes and HOV 5 317th HOV Direct Access southbound and HOV only 2.70 northbound 5 Everett HOV Design Build Ads HOV lane and diamond 2.75 grinding all existing lanes 90 Argonne to Sullivan Reconstructs an existing hot mix n/a asphalt with concrete 182 Queensgate Drive Interchange Concrete reconstruction 0.00 195 Trestle Creek Road to Vicinity SR-271 Dowel bar retrofit and diamond 0.00 grinding 205 SR-500 to I-5 Dowel bar retrofrt and diamond 1.57 grinding 240 I-182 to Columbia Center Reconstrucis an existing hot mix n/a asphalt with concrete 405 Renton HOV Design Build Adds HOV lane, rehabilitation to 0.00 existing yet to be determined 405 Bellewe HOV Design Build Adds HOV lane, rehabilitation to 1.49 existing yet to be determined 543 I-5 to International Boundary Reconstructs hot mix asphaft to n/a concrete Total Lane Miles 32.00 Pavemertt Performance and Studded Tires 21 Octobef 2005 CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: April 7, 2009 City Manager Sign-off: Item: Check all that apply: ❑ consent ❑ old business ❑ new business ❑ public hearing ❑ information 0 admin. report ❑ pending legislation AGENDA ITEM TITLE: Administrative Report- proposed amendments to sections in Titles 17, 19, and 22 of the Spokane Valley Municipal Code (SVMC): GOVERNING LEGISLATION: RCW 36.70A.390 and RCW 35A.63.220. PREVIOUS COUNCIL ACTION TAKEN: None BACKGROUND: The Uniform Development Code was adopted in September of 2007 and was effective October 28th, 2007. Foliowing the adoption of the code, a number of items were discovered which were incorrect, impractical, or omitted. These amendments are corrections of some of these items. The Spokane Valley Planning Commission held a study session on these items on February 26t", 2009 and a Public Hearing on March 12"', 2009. ANALYSIS: Below is a summary of changes being recommended by the Planning Commission: Chapter 17.50.010-Adding a requirement that all requests for Administrative Interpretations be submitted in writing. Chapter 17.80.150- Correct the Distribution of Notice requirements to include the applicant, newspaper, city hall, and the main branch of the library Table 17.80-1- Alphabetize table and add Alterations and Planned Residential Developments. Table 17.80-2-Update the table to make pre-application meetings Optional for Type II applications with the exception of Short Subdivision and Binding Site Plans and refer to Chapter 21.20.070(BO(2) for SEPA noticing requirements. Chapter 19.70.010-Add a requirement that all parking, maneuvering and outdoor storage areas shall be paved. Chapter 19.70.020-Add a requirement that all parking, maneuvering and outdoor storage areas shall be paved. Appendix 19-A-Allow Warehousing in areas zoned Community Commercial with conditions. Chapter 22.50.020-Add a requirement that all parking, maneuvering and loading areas shall be paved and a stipulation that parking not provided on the same site as the use or structure shall not be separated from the use or building by a street designated as an arterial. Chapter 22.50.030-Change directional sign size requirements to be consistent with Table 22.110-1. Table 22.50-7-Remove Hotel/Motel from table Table 22.110-1-Update directional sign information to be consistent with language in Chapter 22.110.030, and remove copy area requirements for directional signs and name plates. OPTIONS: Proceed as proposed, or as modified; or direct staff further. RECOMMENDED ACTION OR MOTION: Council Consensus to bring this forward for an ordinance first reading at the April 14, 2009 Council meeting. BUDGETIFINANCIAL IMPACTS: None. STAFF CONTACT: Christina Janssen - Assistant Planner ATTACHMENTS: (1) Amended Text (2) Request for Planning Commission Action-Study Session (3) Request for Planning Commission Action-Public Hearing (4) Planning Commission Recommendation Sm~C I.Y4„Department of Community Development ~ Vall Planning Dz .v.sion .j_. ~ ci,ty- CAdministrative Report Amendments to tl~e Spv~ kane Valley Municipal Code April 2009 1 O~~~xA ~F#tr ~}~cpartn~ent of ~'or~rnunity Dev~elopm~ent ~,~~a~~ _ Plannit~g Divris~on Proposed Amendments ~ Chaptex 17.50.010 -Add a requirement that all requests for Administrative rnterpretations by submit~~d in writing, * Chapter 17.80. 150 - Correct t11e Distribution of Notice requirements to include the aPlic~t, r~ ewsp~. er, Ci I~~.ll, an~. th+e rn~.in branch of the librar~r. o Table 1 7.S0- I - 1~~phabet1~~ ta~~e at~d add Al~erat1411s atid Flanned Re51(~ent1a~ ~evelopIl~ents. ip Table 17.80-2 - Update tl-ie table to make pre-application meetm*gs +optional for Type 11 appli+cations with the exception of Short Subd.xvisions and Binding Site Plans and refer to Chapter 21.20.070(8)(2) for SEPA noticing r~qui~ements. • Chap►ter 19.70.010 & 19.70,024 - Add a requirement that alI parking, maneuven"ng ~nd +autdoor storage areas shall be paved. 2 o Sectian I9-A (Schedule af Penn1tted tJses) Allow Warehousing in a.reas zone+~ ~ommunlty Commerclal w1~~ ~~nd1tions. ~ I . , fl, ~,n"A „,t,k4~~. Department o~' Comm~unit~ ~ ~levelopm~e~nt e Pian~lng . Division _ Proposed Amendments cont, . . • Chapt+er 22.50.020 - Add a requirement that ali parkian,g, maneuvering and loadi~g areas s~~~~ be paved and a stipulatfan that parkirig not prov1ded on the sam.e site as #he use or stru.cture shall not be separated from the use or building by a street +deszgnated as . an a-rteria . • Chapter 22.5 0.030 - Change directianal siga size requirements to be +consistent with Table 22.1 10- 1. • Table 22.50-7 - Remave HoteU'Nlotel from Table • Table 22. 11 0- I - Update directional sign information to be consi~tent with language in Chapter 22.110.030, and remove copy area requirements for directional signs and name plates. 3 K~ C}Hllr>>MfK4Vfv Department of Community Development ~ S`"pokane jVall Planning Division Interpretation of development code 17.50.010 Interpretation of development code Any person may request a forma- interpretation of a provision of the deve--opment code, zoning map, arteria- road map, prior conditions of approva-, or prior administrative interpretatlons. The interpretation sha^ ^ be made by the community deve-.opment director (hereafter referred to as "the director"). The community development department (hereafter referred to as "the department") sha-C maintain a fl-e of a7- vvritten interpretations. (Ord. 07-015 § 4, 2007). 4 E0%Department of Community Development ne ll Planning Drvis. ~on . development code Interpretation of 17,50,010 Interpretation of development code Any person maY request a for a- interpretation of a provision of the development code, zoning map, arterial road map, prior conditions of approval, or prior administrative interpretations. All requests for formal interpretations shall be made in writing. The interpretation shall be made by the community development director (hereafter referred ta as "the director"). The community deve~opment department (hereafter referred to as "the department") shall maintain a file of all written interpretations- 5 (Ord. 07-015 § 4, 2007). ItY14A,14Department af Camrnunity Develvpment ~"~~kan~e ~ ~V~lll Plattning Di'visYon Type IV ~ ca.t~.ons - Text amend~~ents tc~ the ~ifc~. ~'~C i deve-opment co e. - D. Notice af Public Hearing. Amendments to this code requrre a public hean*ng before the planning commission. 1. C+antents of Natice. .A notice of publYc hearing shall includYUg the fvllowing; a. The citation, if any, of the provisron that wauid be changed by the proposal along with a bxxef deseription af that grovision; b. A statement of how the proposal wvuld change tbe affected . provislon; c. The date, time, and place af the public hearing; d. A statement of th+e avaiiability af the official file; and e. A statement of the right of any person to submit written comments to the planning commYssion and ta appear at the public bearing af the p1annYng commission to give aral comments on thfi pr+opasal. 2. Distribution of Nvtice. The department shall distrxbute the notice pursuant tv SVMC 17.80.120(B). Depai•tment of Community Dcvclopment ~ e . ValP lann. ~ng DivYS. ~on TYpe IV applications - Text amendments to the uniform deve'-opment co e. D. Notice of Public Hearing. Amendments to this code require a public hearing before the planning commission. 1. Contents of Notice. A notice of public hearing shall including the following: a. The citation, if any, of the provision that would be changed by the I proposal along with a brief description of that provision; b. A statement of how the proposal would change the affected ~ provision; c. The date, time, and place of the public hearing; d. A statement of the availability of the official file; and e. A statement of the right of any person to submit written comments to the planning commission and to appear at the public hearing of the planning commission to give oral comments on th't proposal. 2. Distribution of Notice. The department shall distribute the notice to thc applicant, newspaper, citv hall and the main branch of the librarv. n~~~~!`• Department o~~ Community Developmcnt ~ Planning Dzvision , Table 11.80•1- Pamif Type and lmd lhe Appflcadon ~ Tyr- Land Uae and Davelnpment Appiication SWC Cross Re1e►ena Access0y dwelling unft 19.40.1 N' AdminhUedvo dalaminelfas by aomminlly develapmdri dfredor, pubBc waks diredw, a Euildrg official mp{pl, Admiristrobve mcoeqlion 1g.14'~ namfnfelretlvo lnimmutfon 17.50.010 aoundery Me adjustIInorita and elhnirretbna 20.80 ~ l`~~ ~W perrr* 19.40.140 R,qM-0f-Wey pllRdb 22.130.060 rs-r4> I Srorellne parnlt ewmpllon (dodc peml) 21.50 Sile p4a11lylew 19.130 Temporery ue pamrt 19.160 Tima efAemlons fol PrelimkmrY eubclvitbn, llnrt wbdvfabn or bindkp eNa Plan 20.30 f)Fiil I ioaepldndevelopment 21 30 0ufic+0 Demdts not aA*ed ro SEPA 21.20 040 G'ed"o p°"mb 2450 e+r*w eNe dan - PrekN►ary m,d nrgl 2050 BhdhO eNe plan - Ctterqe of oorWiona 20.50 WIfe1Me CoRtmunlClt{on fecWJee 22120 Subdivisim -FhW 2040 Ty~e II Pfel llwadIIS - Fhd ~610 S@PA IMeehold de6errnnetlon 21.20 fX'~1 Pn11mNwy ihat wbdwfebn, badrq ele plen - Chenpe of corKO9one Zp. 34 Shaelina xJastentfd developrneri pertnlf 21 Short wbd+hbn - ProNmfrwy nd finel 20.30, ,0 4n CaMltiond tme permRs 19.150 SLPodvlebm - PreNmiwy 20 30 Tvpe I II VH110nCe 19.170 Prellmkuary eubdlviebn - Chenpe ol con6tlans 20 fM zaN*p mee emendnenta (sitwepeaifc rezonee) 19.30.030 Mrxm1 Campceherwre Pien emerdmerds (ta)t anekt meP1 11.e0.140 Type IV Area-wlCe mrdnq rrep snerWnnenis 17.A0.140 ~levelr.pm~nt r.o~r. Iert smerxhnnM~ t? flQ 1`,(? 00010~ Department of Community I~evelopme~at ~ . Sn,~ ~kane ~ • * Pla1~~11ng D• i 1""~'"1~s10Il rn _ ~ TaWe rrBaI - Pw nH rpe eri~e Uw+a u: ApJo+ra, 1'"+ I..nd u,eand Dtwilvonat Ihw4t* cn BYhrC tmm lMu~r~ Aeptmoq drreSnQ aalBt WJ.1df! A*IIMYO*iM JebIIF&dN16 by G11'fl!lIf1g#' d11id1p141MR df#*1, pW4Mm~ ~inOtofe aI bug" Eddal ll~lb~fi~M! R7tE~R'~dl1 AAMW*1tM "Oo1pmu16A ff*YHLW no* offinbrmft OW abBin liAi! 20.80 Rdmrp patmb let alFidte 9E*# 11.MOW FbedplArtd~nlrpm rd 2im TM t 24~3 4r1dM Pt~ Flwnt Ckvupawae ftnm 1IR+D,M10 Rr oaid afSemy1o E9bbbh Ldr wilfifiin riNad'n p 8iY Ptmn 20Mb9d ~ 2'!. =DCA RI9wa4wX prnft 5'harelw ptwdl nmrnpian (ia dk panM ~ 21At7 Siekto nlorr 10.130 Trnpemny ust pr rnN 19.1w 'fiim1ud11w4*ne,brpmqtniurymhtl6Wen.AedsuMdlenarb4ndbpldhplan ~ 2t?.3lm0 AltuknrF MYNniryand itWmu4dVdWa. sh+odsudd+AslonR Wndmp slit plan ~ 2zm Obd iq 1ite pIw P m idNfy lAd 11991 ~ =40 IIInAP4 s!k Oari- Gi mngr el eandIro to 22:to SEPA#rdl+eld drNfWnlw 21.20AEQ rW,, I srio►wre pu1Arn1i1 aw.►apmenl p.,mik 21M 9?NokfulArbler~~~inlmry md itir 22 , 22AO Ptrln~yth~b~kl~fa~ion, bY~hp d~ plv+- Ch~q~ d a~n~~t+nE ~ 2aM 1M'Inis a~m~nla~t~r+bdf~as 2217D C e~ndlwtAl wt pem& i0,'W P Imnrd RwdwtW, QewIWM ~kc iQm TyptAl RtelYrarlerr 28.74= 9 RM&nlMiy`wbdrirlpft- Chin,Qe d eendimr 2O.tD Su4EMMIa~R►~N~ury ~~0 Viimma ~ 10,ifi L"kq Ump affmlmntu ~ 1"030 Aww+i Crnpreheaf+eFUn r?nw4mentsCW4 xsltormq) ~ ST,lG.i+ld T"n kl lUeawidr Minq " mnwQmrr& ~ 17M.1i0 O~wdepwrd aaie fMdarrundrrsris ~ 1~.~Cl,iSC , Depa~~ent of +~ommunity D~evelapment S`pokane P~~~~ing Division Tab--e "7.80-2 Permit Type and La~.c~ Use ~.pp=ication ' Tab e 17.80•2 - Permit Type an d Land U se App ication Counter- Fu16y Not9ce of Notice of Finai Pre- complete complete appl~ ~cation pubiic decisior~ N~~t~~~ ~pp I~~tl~~ determination determination 17.80.110 heanng and Tpe ~onf~~~~CE) 17.80.090 17.80.1 00 17.80.1 20 notice '7.80.080 17.BO,130 0 x x N/A N/A x x x X N/A x x x x x x x X Required 0 Opta~a N/A Nat Applicable Toes not appfv to SEPA thresho d determinatia ns. Refer ta section 21.20,070, fornoticinq requiremenfis. "Except for Short Subdivisions and Bindi nq Site P ar~s which require a Pre-App lication meetinq ~ . ~ f iTYH A I I+R I''l t1t•tf V - Depai-tment ~of Corr~munity Devclvp~nent . ~ - S~~ (~L ~van } Planning Divisi+a~ Chapter 19.70.010 - Light Industrial District Chapter 19.70.020 - Heavy Industrial District All parking, maneuvering a.nd outdoor stora~e areas shall be paved. Exemptions. I a. Parking and storage a-reas rautinely used by cleated and otlier heavy equipment as appraved by the PIanning Director. b. The Flannrng Director may waive portions of the~~ ~equirements upon recommendation by tlxe Spokane Regional C1+ean Air Agency ar the Spakane Valley Development Engineering Division when it can be dernonstrated tl-iat the propvsed surfacing, such as gr,ass pavers or other technalogy will nat adversely a.ffeet air q-uality, water quaiity or fhe integrity of the parlcing area. r ~ CirrKanc;Sri!KA vf,, Department of Community Developmeni E*E6@nne al le~ Planning Division Appendix 19-A Schedu'-e of PermittedUses • Update matrix to a--ow Warehousing in areas zoned Community Commercia'-, with conditions II I 14471 I I I I I I I I 81 8114 Upholstery shop P P P P P 2 49 4931 Warehousing A S c A P P Adaptnie 1 reuse of eacisting structures . No e)~:pansion allowed. 32 321 Wood product P P manufacturing 56 5629 Wrecl6ng, recycling, C S SVMC 2 junk and saMage 19.60,060 yards (B) P Permitted Use A Accossory 12 Only R Regional Sidn_g T T*mporuy ! Permlt S Conditions Apply C Condfdonal Use Ptrmlt , _ o CnYii~rnvfr De artment of Community Development n ~~e . ,;oO%Il Planning Divisxon Chapter 22.50.020 Vehic--e Parkina ~„50.0:.k0 YebuLcle arkjA& A. Rules for Computing Number of Parking Spaces - Shown in Table 22.50-2. T'he number of required off-stnet parking spaces shall be based on the following: 1. "Floor area" shall meaa the gross square feet of the specific use. 2. alhere fractional spaces nsult, the parking spaces nquind shall be constructed to the neanst whole number. 3. IIses not specified in Table 22.50-2 shall provide parkiag based on a uae of similar nature; 4. New Construction. Prior to occupancy of a ncw strvcture within any zoning district, off-street vehicle parking shall be provided in accordance with Table 22.50-2. 5. Expaasion of Existing IIse. Prior to occupancy of an espanded (enlarged) flaor area, of'f-street vehicle parking shall be provided in accordance with Table 22.50-2 based on the eapanded square footage. 6. Chaage of Use. If the minimum number of vehicle parking spaces required for the change of use added to the existing on-site parking supplq falls short of the minimum numbes of vehicle parking spaces requind for the project as a whole, the applicant shall provide additional spaces to bring the total supplp up to the minimum required In the case of multiple-use occupancies, other than shopping ceaters, in a building or oa a lot, the total requirement for off-street parking shall be the sum of the requirements for the various uses computed stpazately. 8. Tandem spaces shall aot couat as nquired parking. 13 9. All Parking, maneuverinq and loading areas shall be naved. B. Locatioa ofparking spaces, except as follows: 1. For noaresidtntial uses, requind off-street parking shall be located ia the same zone or in a zone which allows the use for which the pazking is required. 2. A11 parlciag spaces required htnin shall be located oa the same parcel With the buildinA or use served ualess: Department of Cvmmunity Deveiopment ~ ~ . ~Val 1 - PlannYng Divislon Chapter 22. J'~.~20 Vehic--e Park'l'ng 5. Expawion of Existing Usp. Prir,r ta occupancp of n expandtd (eniarged) flaoi ana, ofF &ret vehi clc paking sW1 be proviJi:4 in acc ordanc c with. Table 22.50-2 based on thc e)pardcd square Footagc, 6, C6anr of U$e. IFtht t'Illln1ffipm QUl11ber oEvehiCle patklAg spitti fEQf1irCd F4i dhe chaage 4f ust added to the extistsa$ on-site parking swply Ms sbert of tYxt trinimum autnber 4f vehic1e pmiring spaccs rcquired Fat the project as awhafe, the applicani skrii prmde additiaoal space s ko bting the total Wly up la the minimum reqnircd. 7. In the case 8f multiplc•use 4ccupancses, othsr than shopping centers, in a buiididg ar nfl a 4at, khc toW requircmcat fcr off-stmek parcing sW be the sum of the rctuiremenGs fer the various usts caffpufed segaratelp- 6o Tar,dem spaees shaU eat count as requirtd parking, ~ 4. AIP nark-ing. rnancLecrinz and ]oadine arcac, shaU be navtd B. L4C3ti44 4~parkkCtg spaCCS, czccpt as folloas: lo ForncmmsideatW uses, requited off-steetprking shall ke locaccd in the saqne zane or in a iane which Oows the use for which thc pazking is requied 2. A1lpmking spaces required hctein sha1! 6c locatcd an the same parcel with the burlding or use serPed unless. a.'The parl6rig is 9ocated c►n a contiguous pareel or parce]s under the same osnership aed tit1G avtict is filcd idcnk~iAg thc pwlcing swnr►g thC atbff building or use; ar b. If'thr requied parking f#r a bailding or u€e is Ivcaed on a ptrcc!(s) other than &scribcd in subsccaan (Brgx) ofthis sectian, the avmer ofthe pamct upan which the prapased parkiag is located ezecutes a jotn4 pau~iriing agretmert in a f" acceptable to the citg attoroeq, da!ting that kk pwcel ix de"d 'm who It or in pzt ta fc~qnired pa1ting for thc use of a paf+cel ar parccls u*dL-r sepame awrgtnfo, T4se agreement shall b e binding oa bakh praperties and sld be recorded witr ffic Spak,nr Cvudy auditor's 14 office iM filed vrith the Spakane Vallep cleputnekt ~of commanity de velopment c. When sfKedparking is prapascd, thc min="!U m nnmber ofpxking spaces fvr afl sharced waa s6awu on Table 22.54-2 shaR be calculateid. When thcsc tatals arc applitid to the percentages slown oe Table 2 2.3011, t6c min imnm nurn6ez of parkiag spac cs requirC d is the 1arge st tum ofthc individtW Mtals for eac h limc paiod. L P m+4 .not pEovided o n the sam e sitt as tht us c or shvchue c hall r,ot b e sepm~ ~om thP uae arhuilding bx a strvct derignated as an arterial. I3epa~r~ent ~a~` Ct~ml~~inity Devcl~opment . :Sj'~ Ene ll ~'lann, ~ng D.~v]s.~on - ~ - Tab--e 22.50-7 Loading Spaces Required FR Table 22.50-7 - Loading ~~aces Required Use/Gross Square Feet Recudred Loading Spaces Indus#rial, manufacturiag wholesale, warehouse, similar uses 10,000 - 40,004 square feet I space 40,001 - 60,040 squarc feet 2 spaces 60,001 --104,aOa SquafC feet 3 SpaCCS Over 100,000 square feet 1 Tace far each 50,440 squarc feet ar part therevf ~~Unfr;a~:~ c!ft aurants 20,000 - 60,000 square feet 1 space 60,001 - 100,000 squaf~ ~ ~~~~s Over 100,000 squ.are fect 1space far each 54,000 squarr, feet orpartthrreof _ - ~ Hospitats, conva4e5cent/nursing homes andsimilar institutions 10,000 - 40,000 square feet 1 spacc 40,000 - 100,000 square feet 2 spaces Over 100,000 square feet ;1 space for pa ch 50,000 square feet 4r part thereof Department stores, tetail and other camm.ucial uses 15 10,000 - 20,000 square feet I space 20,401- 50,000 square feet 2 spaccs S0R0Q1 - 100,000 sc,uarc feet 3 spaces Qacr 100,000 square feet 1 spacc for eaeh 50r000 sL1l3aCE feet oT part XherCQf , Q m~ ~ C F.W~~<<f.,PPOCA.~P~ Deartr~ent ~of C+~mmun~~y Devel+~pr~cnt . ; , S~"I~ne ~ Planning Davi'sion - "able 22.110 S ~gn Regu'-ations Table 22110-1 -Lacatian, Heightand Copy Acea Requiremen#s , Maximum Copy Capy Side Zoning Numaer Copy Area Area Yard Permft Additicnal Land Use Height 5etback Required RravisiQr~s Gistri~# ~~r Are~ (ft~)~L~t ~'f~) lLot P~rcat~ (ft2) Fror~tage Frontac~e < 100 ft. > 1401L , . . ~ e r Sigms ~ . ~ . Directlonal Ail Zones nea n1a nla ~ nla [11a N Name P!a#es All Zones 1 n!a 4 5Na n/a N 16 - - ~r, I~+~pal~ment of C+~r.n~l~ani~ Develop~ne~►t ►'ne P'lanning ry Division ab-.e 22.110 S ign Regu--afions Table 22.1 10-1 - Location, Height and Copy Area Requirements Maximum Copy copy Side Land Use Zaning Number Copy Area Area Yar+d Permit J4dditional District p,~r ig~t,~e a (f~)ll.at (tt~) 1Lot Setback f~~equ~td~ Provis{or~s Parcel ~ ~ (M) Frontage Frorrtage 4~} I . ~ i'F1 ~r . I IfY~1 i1r Complex (NC) Zones Single Business All Mited Use 2'" 7 90 n1a nla 5 Y and *Per street Mulfi-business Nonresident«I 2* 7 150 n/a nla 5 Y frorftage Camplec Zones Other Signs D'rectiona AGI Zones n6a nIa 4:=7i-rr nr'a-. nla n/a N Name P'I~~S AII Zones 1 nla 4 nta5l n!a n,ta 17 M Deparhnent of Community Development 1 S`Pu~ane jVall Planning Division Chapter 22.110.030 Permit Required ~2 .110.030 Perinit i•e quii•e d. A. Other th an for tha s e us e s 1i sted in s ub s e c tio n B o f this s e cti o n, a s ign p ermit i s re quire d f or a11 all owe d p errn ane nt s ign s, te mp or ary s ign s, and b illb o ards. B. Permits arc n4t required for on-premises official signs; seasonal decorations; m erc handi s e di sp lays ; p a int- of-p urc has e advertis ing disp 1 ays ; nati o nal and state flags; fl ags o f a p o litic al s ub divi s i o n; no tic c s igns, p e nn ants and stxe amer s witho ut advcrtis ing c opy; s ymb o li c fl ags o f no npro fit in stitutio ns d e dic ate d to p ub li c s ervic e; l e gal no tic e s required by law; barber poles; historic site designations; commemorativ e mo num c nt s/p 1 aque s; grave s to ne s; advertis ing c op y aff'ix e d to p ho nc b o oths ; do nati 4 n and recycling containers; lettering 4r symbols applied directly onto or flush-mounted m agneti c ally to a m otor v e hic 1 e ap erating in the norm al c a urs e o f b us ine s s; p o liti c al s ign s supportingpolitical issues, candidates orballot measures; replacernent ofcopy on signs oth erwi s e p ermitt e d; nam e p late swith 1 e s s than fo urfiw: e s quare f e et o f c dp y are a; dire cti o nal s igns with le s s than fa ur s quare fe e t o f c op y arc a; and mural s c o ntaining no copy. . C. Permit applic ations shall include a site plan that provides the following information: PtitAV1. Department of Community Development Plannina Division Questions'. 19 I7.50+010 Interpretation af develQpment code. Any person may request a formal interpretatian of a provision of the development cade, zoniag mapY arterial rvad map, prior conditiors vf approval, or prior adminisCrative interpretations. Al1 rcouests for rin,-:0 ~e n~ade in -w7itino. The interpretation shal.l he made by the commiinity development director (hereafter referrei to a.s "the director"). The conanuunuty deve1optr~ent departtnent (hereafiter referrcd to as „the departrient") shall mai.ntain a fUe +af a11 written interpretatians. (Ord, 07-015§ 4, 2Q07). 17.80.150 ?ype IV applicatioas - Tezt amendments to t6e nniform development code. A. Initiation. Text amendments to this code may be initiated by any of the following: 1. Property owner(s) or their representatives; 2. Any citizen, agency, neighborhood association, or other party; or 3. The deparbment, planniag commission, or city council. B. Applications. Applications shall be made on forms provided by the City. C. Application Submittal. 1. After submittal of an applicant-initiated application, the application shall be subject to a pre-application conference, counter-complete, and fuJly complete determination pursuant to SVMC 17.80.080, 17.$0.090, and 17.80.100. 2. After submittal, the application shall be placed on the next available planning commission agenda. D. Notice of Public Hearing. Amendments to this code require a public heari.ng before the planning commission. 1. Contents of Notice. A notice of public hearing shall including the following: a The citation, if any, of the provision that would be changed by the proposal along with a brief description of that provision; b. A statement of how the proposal would change the affected provision; c. The date, time, and place of the public hearing; d. A statement of the ava.ilability of the official file; and e. A statement of the right of any person to submit written comments to the planning commission and to appear at the public hearing of the planning commission to give oral comments on the proposal. 2. Distribution of Notice. The department shall distribute the notice to th,~ :inr)licant_ newspaner. rit\• llall and the main branch of the SVMC- Formafted: Formatted: Qefault Paragraph Font, E. Planning Commission Recommendation - Procedure. Following the public hearing, Font color: Btack the planning commissioo shall consider the proposal and shall prepare and forward a recommendation to the city council. 'Ihe planning commission shall take one of the following actions: 1. If the planning commission determines that the proposal should be adopted, it may, by a majority vote, recommend that the city council adopt the proposal. The planning commission may make modifications to any proposal prior ta recommending the proposal to city council for adoption. If the modification is substantial, the planning commission must conduct a public hearing on the modified proposal; 2. If the planning commission determines that the proposal should not be adopted, it may, by a majarity vote, recommend that the city council not adopt the proposal; or 3. If the planning comrnission is unable to take either of the actions specified in subsections (E)(1) or (2) of this section, the proposal will be sent to city council with the notation that the planning commission makes no recommendation. F. Approval Criteria. The City may approve amendments to this code if it finds that: 1. The proposed amendment is consistent with the applicable provisions of the Comprehensive Plan; and 2. The proposed amendment bears a substantial relation to public health, safety, welfare, and protection of the environment. G. City Council Action. Within 60 days of receipt of the planning commission's findings and recommendations, the city council shall consider the findings and recommendations of the commission concerning the application and may hold a public hearing pursuant to council rules. The department shall distribute notice of the council's public hearing pursuant to SVMC 17.80.120(B). By a majority vote, the city council shall: 1. Approve the application; 2. Disapprove the application; 3. Modify the application. If modification is substantial, the council must either conduct a public heari.ng on the modified proposal; or 4. Refer the proposal back to the planaing commission for fuither consideratioa. H. Transmittal to the State of Washington. At least 60 days prior to final action being taken by the city council, the Washington State Department of Community, Trade and Economic Development (CTED) shall be provided with a copy of the amendments in order to initiaie the 60-day comment period. No later than 10 days after adoption of the proposal, a copy of the final decision shall be forwarded to CTED. (Ord. 07-0 l 5§ 4, 2007). 19.70,010 I-11 Light Yndustrial district. A. The Ligbt Industrial designation is a p1anned industriial area -"ith special emphasis and attentian given to aesthetics, landscapin,g and in~emal and community coffipatibility. Ty-pical uses wauld include iechhnology and other 1ow-impact industries. Ligbt industrial areas may alsn i~clude office and commercial uses as ancillary uses wittun an overall plan for industrial devclopment. B. Supplemental Regulatio$s. 1. ne outdoor storage provisions conta.ined in SVMC 19.60.060~~ ~hal1 apply to the 1-1 district. 2. Mobile faod vende,rs sha11be Iocated on1within +designated areas which do not interfere vn'th par •king or intemal circulation with permi.ssi+~n of the property owner3 heZlth certificate and permit. 3. Setbacks. a, Front and flanking street yard s~tbacks shali be 20 feet; and b. Side and rear yard setback-s of 35 feet are required on1y adjacent to residentaal zoniug districts. 4. The fo1lowing structures rnay b~ erected above the height limits of t.his cade provided: (A) the structure is ~~cessory to or part of abUilding which is a permitted use in the zone; (B) the stnacture complies Nvith the height Iimits in t.he A►irport Overlay zaae; axd (C) no rresidentiaI use of the structure sha11 oecrar above the height limits prescribed in th~ zone. a. Fenthouses vr roof structures for #.he housing of elevators, st,airways, tan.ks, ventilatin,~ fans, ox sninilarr equipment to operate and maintain a buil+ding. b. Fire or parapet walls, skylights, flagpoles, chitnneys, chcrch steeples, belfries, wireIess masts, a.nd similar stractures. c. Structures such as silos, feecl m.ills, batch plants, and fixed cranes vvhic.h are used in a manuf~cturing process which ratiiizes verti+ca1 processi.r~g and storage of - matenal s, +d. 'r'ater sta.nd pipes and tanks, (C~rd. 08-017 § I, 2008; ~}rd. ~D7-015 § 4, 20tl?). 1~a11 ~~a~ All ~~~tt~~:itIL. iI1~iI1~~zV eii11~ Lil~~Lit~l0+~~1'~t+~,i~a~~: ~ii~L~~~ S I;xeniotions: - - a, ParkincE and storaize areas routin~lv used bv cleated and other vv Wirament as aonrove+d bv ihe Planiai~ip- Direc#or. h, The Planniniz Director rr~~v wan-e nortions of fi.hese reciuirements ilLivn recoru-nen~dation bt, t1le Spokane Reizional C1ean Air Ap-ency or flil- Dokane Vallev I~evelopment Enp-ineerini! Division when it can bc clemcrns#rated that the prowsed surfaciniz. such as P-rass Davers tar oth,~,- ttchnolc~evxwill no~ ~dverse?%, nffect ;i?r N=4-}:ter qa4~tlitv or t1-~e integi-~tv ofthe vlarkinL, area. 19.70.020 1-2, Heavy lndusfirial district A. Heavy Iadustrial designated property is characterized by intense industrial activities which include manufacturing, processing, fabricationa assembTy, fr~ight handling and sirnilar operations. Heavy industry may have sigiificant noise, ador or sesthetic im;pacts. B. Supplexnental Regulations. 1. I-2 a11ows any use permitted in the I- Izoning district, except as specifically provided in Appendix 19-A, 2. I'virabile food vendors shall be located on/witkuta designatecl areas which c€o not interfere with parking or ix~~emal circulation with germissi+on of t.he property ava►ner, heaith eertificate and permit. 3. The fvllowi-ng structures may be erected above the height limits of tiis code provideri: (A) the structure xs accessory t+o vr part of a buiiding which is s pennitted use in the zvne; (B) the structure caznplicesmirh the height limits in the Airport Ohrerl$y zone; and (C) na residential use of the structure shaI1 occur abave the height limits prescrited in the zone. a. F'enthouses or roof structtres for the housing of e1evators, stairways, tanks, Wentilating fans, or stmElar equipment to op~~e and maintain a building. b. Fire or parapet waits, skylaghts, flagpoles, chimneys, church steeples, belfries, wireless rnasts, and simil$r strtactures, c. Structures such ss s'rlas, feed mills, batch plants, annd fixed ~es which are used in a manufacturing praeess which utiEzes vertYcal processin,g and storage of materials. d. Water st$nd pipes and tanlcs. (Ord. 08-017 § 1, 2448; Orrd, 47-015 § 4, 200fi). 4. A11 varkinp- n1aneuverinQ and outdcor storap-c areas shall be oavt~-_j. 1" N:er~ntton5: ~ j Formarttef: Indent: Firstl[n e: 0,5' ~ srkine and storap-e areas routinelv used bv cleated-and other hea,} a. p i,pmerrt as approved bv the 1'lattnine Director. equ b. The Flar►rii-ne I)irector mavwaive ~ortiorts of these reouirements: rccoMMendation bv the Svokane Reizional Clean A.ir Ai2ency or Sook-ane Vallev Develvoment Enaineerine Divisian when it can b4 cser~onstr°ate+d that ihe oronosed s~rfa~~np... surh as er~s iDavers or oftier - Porn,at~; anderit: Left: 0', teChn{3loizV w1~I nCIfi adVers4:la`s.r !-ianglng: 0.5" 22.50.020 Vehicle parking. A. Rules for Computing Number of Parking Spaces - Shown in Table 22.50-2. The number of required off-street parking spaces shall be based on the following: 1. "Floor area" shall mean the gross square feet of the specific use. 2. Where firactional spaces result, the parking spaces required shall be constructed to the nearest whole number. 3. Uses not specified in Table 22.50-2 shall provide parking based on a use of similar nature; 4. New Construction. Prior to occupancy of a new structure within any zoni.ng district, off-street velucle parking shall be provided in accorda.nce with Table 22.50-2. 5. Expansion of Existing Use. Prior to occupancy of an expanded (enlarged) floor area, off-street vehicle parking shall be provided in accordance with Table 22.50-2 based on the expanded square footage. 6. Change of Use. If the minimum number of vehicle parking spaces required for the change of use added to the existing on-site parking supply falls short of the minimum number of vehicle parking spaces required for the project as a whole, the applicant shall provide additional spaces to bring the total supply up to the minimum required. 7. In the case of multiple-use occupancies, other than shopping ceaters, in a building or on a lot, the total requirement for off-street parking shall be the sum of the requirements for the various uses computed sepazately. 8. Tandem spaces shall not count as required parking. 9. All uarl;ine. mtancuverinR and loading areac shall be Paved. B. Location of parking spaces, except as follows: 1. For nonresidential uses, required off-street parking shall be located in the same zone or in a zone which allows the use for which the parking is required. 2. All parking spaces required herein shall be located on the same parcel with the buildi.ng or use served unless: a. The parking is located on a contiguous parcel or parcels under the same ownership and titie notice is filed identifying the parlting serving the other building or use; or b. If the required parking for a building or use is located on a parcel(s) other than described in subsection (B)(1) of this section, the owner of the parcel upon which the progosed parking is located executes a joint parking agreement in a form acceptable to the city attomey, stating that the parcel is devoted i.n whole or in part to required parking for the use of a parcel or parcels under separate ow-nership. The agreement shall be binding on both properties and shall be recorded vNith the Spokane County auditor's office and filed with the Spokane Valley department of community development; c. Where shared parking is proposed, the minimum number of parking spaces for all shared uses shown on Table 22.50-2 shall be calculated. When these totals are applied to the percentages shown on Table 22.50-1, the minimum number of parking spaces required is the largest sum of the ind.ividual totals for each tune period. d. Parkinv- not pruvided on the saine 5ite as the use or strurture sll:-iIl 1101 h;: ,~Cnarated frnm th,- uqe or ht6l(lin2 hv Ln strect des;cil:iteci a,,an arteriaI. 22.110.030 PerTnit r°equired. A. Other #han for those uses Iisted in subsection Bof this section, a sign permit is required fvr all ablowed permanent signs, tempvrary signs, and billbvards. B. F'ermits are not required for on-pr+emises vfficial signs; seasonal decorations; merchandise displays; point-vf-purchase advertising dispiayrs; nativnal and state flags; flags of a political subdivisian; nvtice signs, pennanits and streamers without advertising copy; syrnbalic flags of nonprofft institutions dedicated to public senrice, legal notices required by law; barber pvies, historic site d+esignations, commemorative monumentslplaques; gravestones; ~dvertasing cvpy affixed ta phone boaths; donatiran anci recycling containers; 1eftering vr i symbcrls applied directry onto or flush-rnoun#e+d magnetically to a rnotvr vehicle operating in the rtormal cvurse of business; pv1itical signs suppor#ing paliticaf . issues, candidates ar baIIo# measures; replacernent vf copy an srgns otherwise permitted; name pIates with less than fourfive square feet of cvpy area; directional signs rnri#h 1ess than four square #'eet of c.apy area; and murals ccan#aining no copy. C. Permi# applications shall include a site plan that provides the folEowing infvrmation: 1. The Ivcation of the affected Ivt, building(s) and sign(s); 2. The scale of the site pfan; 3. Ascaied drawing of the proposed sign or sign reviscon, including size, height, copy, structural footing details, m+ethad of attachment and illumination, 4. The Iocation of all existing signs on the s'rte including size and height; 5. For signs subaect ta spacing reguGations, #he location of neighbvring signs on adjacent properties, 6. Approrred sign plan, if applicable; and 7. Tax parcel number where proposed sign will be located. (Ord. 07-015 § 4, 20Qr ~ Table 17.80-2 - Permit Type and Land Use Application Pre- Counter- Fuliy Notice of Notice of Final Application application complete complete application public decision Type conference determination determination 17.80.110 hearing and 17.80.080 17.80.090 17.80.100 17.80.120 notice 17.80.130 I O X X N/A N/A X ''II {'`0)( X X X N/A X I I I X X X X X X X Required O Optional N/A Not Applicable `Does not aaply to SEPA tnreshold de±ermina'ions Refer to section 21.20.070(B)"12) for noticin4 reauirements. `*Except for Short Subdivisions and Biiidina Site Pians wfiich reouire a Pre-Application meetinq (Ord. 07-015 § 4, 2007). I Chapter 19.120 PERMITTED AND ACCESSORY USES Sections: 19.120.010 Generai. 19.120.010 General. Uses are classified using the 2002 North American Industry Ciassificalion System (NAICS) published by the U.S. Census Bureau based on category and subcategory. Subcategories include all uses not identified separately by specific number. Uses may be permitted, be subject to conditions, or require conditional or temporary use permits as shown in Appendix 19-A, the schedule of permitted and accessory uses. Mlx CoM ~ R R R R M M NAI Schedule of ed dor City r Nelghbo Comm Region I-1 I-2 Referenc NAIC Pertnitt~ed Uses den Offi rhood unity al Llg Hea e F- F- CS S S Use Mlxe Cen Offi Ce Commer Comm Comm ~nlty ht ry CondMo 1 2 3 4 1 2 # Appendix 19-A Cen dter ce cial ercial ercial Facility Ind Ind rta ter Use 71 711 Adult entertainment S S Chapter establishment 19.80 SVMC 45 453 Adu1t retail use S S Chapter establishment 19,80 SVMC 31 311 Agricuttural P P processing plaM, warehouse 33 3364 Aimraft P 11 manufacturing 48 4812 Airstnip, private P P 19 62 16219 Ambulance service ~ P I P P I I P I I F~ F~ I P P( , I 1 I ~ ~ I I ~ I I 54 541 9 Animai P s P P P SVMC d cliniclveterinary 19.60.040 (8)(1) ! 31 3116 Animal processing ~ P 13 facility _ S S S S S S 11 112 Animal raising S SExcluding andlvr keepin-q NAICS 1122, SWne. sVMG 1 9.4C1.15(l 81 8129 Animal shelter ~ P P ~ 31 3116 Animal slaughtenng 1 - P I and processing 45 4539 Antique stare p P P P P P 2 44 448 Apparelltaifor shop RP P P P P P P 44 4431 Appliance p P P P A A Unry if 11 safeslservice manufact ured/ assemble d on prenises. - 33 3352 Appliances P P 2 manufacturing ~ 45 4539 Art gaICerylstudia P P P Pp P P~P 121 I I I I I I I I I I I 32 3241 Asphalt P 2 plant/manufacturing 33 333 Assembly - heavy P 33 334 IAssembly - light P P P P P P P P P 62 6233 Assisted living P P P P 12 facility 45 4533 Audion house P P P I 45 4533 Audion yard P P (excluding livestock) 11 1152 Auction yard, P livestock 33 3361 Automobile P assembly plant 92 922 Automobile P P lmpound yard 44 441 Automobilellight P P P P truck sales and seroice 48 4853 Automobileltaxi P P P P P P P P rental 81 8111 AutomobileltrucklR S P P P Enclosed 21 Vlmatorcycle stnicture painfing, repair, only. body and fender SVMC w4rks 19.60.050 (8)(3). 44 4413 Autamatiae parts, P P P p p P acr-essories and tires 31 3118 Bakery products P P 1 manufacturing 44 4452 Bakeryry, retail ~R P P Ss p P P A A F1aorarea 91 limitetl to 10°l0 Of i GLFA noi to exceed , 1,400 sf. ~ 52 5221 Bank, savingslloan P P P P'P P P p Pp I and other financial irastitutions 81 18121I13arEerlbeautyshoF P P! P A P P P P P 33 3359 Baftery P p 1 rebuildinglmanufact uring PP PP P F 72 7211 Bed and breakfast P P P 91 11 1129 Beekeeping, p 1 commercial S S S ~ 11 1129 Beekeeping, hobby SVMc 1 19.40.150 (C) 45 4511 Bicycle P p P p P p P p p saleslservice 33 3366 Boat building, repair p P 11 and maintenance 44 4412 Boat saleslservice P P 22 45 4512 Booklstabonery P P P P P P P P store ~ 31 3121 Bottling plant P P 71 7139 Bowling alley P P P P P 5 72 722 Brewery, micro P P P P I P P P ~ P I P I 31 3121 Brewery, winery P P P P P P P andlor distillery ^ 33 3399 Broam P P 94 manufacturing 44 4441 Building supply and P P P home improvement 44 4452 Candy and P P P P P P P P 92 confectionery i 71 7139 Camival, dreus T T T T T T T T 9 32 3219 Carpenter shop P P P P 56 5617 Carpet and rug P P 40 cieaning plants 81 8111 CanNash P P S P P P P SVMC 92 19.60.040 (B) 71 17132 I Casino ~ P I P P I I ~ PI P I 45 4541 Catalog and mail P P P P P 13 order houses P P 72 7223 Catering services P P P P P P P 2 p p P P 81 8122 Cemetery and P aematories 45 4511 Ceramics shop P P P P P P P 12 32 325 Chemical P manufacturing P P P P P P 81 813 Church, temple, P P P P P P P F mosque, synagogue and parsonage I I I I I 44 14481 ICbthes, retail sales I P P I P I I I I P I P I • 49 4931 Cold storage/fofld P P 2 locker 61 6113 College or P P P P P P F P university 51 517 Communication P P P P F P P P semcelsales 33 3342 Communications P P P P equipment manufacturing P P P P P P 92 921 Community facilities P P P P P P P P P P P 922 P P P 81 8134 Community hall, P P P P P P P P club, lodge or recreational facilit}r P P P 62 6232ICommunity P I I . „ residertial facility (6 or less residents) p p p 62 6232 Community P residential faality (greater ihan 6 residerts, no more than 25) 56 5617 Composting P 3 storage/processing, commeraal - 54 5415 Computer services P P P P P P P P P P 1 ~ 23 2373 Contraactor's yard P P 238 p P P 82 623 Convalescent P P home, nursing home 44 4451 Convenience store P P A A P P P P P 2 33 339 Cosmetic and P P miscellaneous manufacturing P P P P P P 62 16233 1 Day care, adult I P I P I P I A I P ~ P( P~ A I A( A I C C C C P P 62 6244 Day care, child (13 P P A A P A A A 10 children or more) P P P P P P 62 6244 Day care, child (12 P P P A A P P P A A A 10 children or fewer) 45 14521 I DepartmenUvariety I P I PI P I I I PI P I I I Istore I 1 I I I I 44 446 1 arug s#are P P P A P P p p A P 1 81 8123 Dry cleaners P P P l A P P P !P 81 8123 Dry clearsing, P P 32 Iaundry, IRnen supply p1ant, commercial 32 ~3211 Dry kfln p 1 114 S S 5~-- 81 814 Dwelling, accessory ~ svmC apartments 19.40.1 00 81 814 Dwelling, S S S SVMC caretaker's 19.60.060 residenc~ (13)(1) P P 72 7213 Dwelling, P P p P P c0ngfegate ! P P P P 81 814 Dwelling, duplex I P P P 81 814 Dwelling, P P P S 5 511MC multffamily 19.60•020 (B) P P P P P P81 814 Dwelling, singRe- S S s1JMG family 19.60.020 (B) P P P 87 $14 Dwelling, P P P p townhause 33 334 EIecfncallelectronic! P P P p P P P - c~►mpufer , 335 ;component and system manufacturinglasse ►nbiy 32 3222 Emery cloth and P P 26 sandpaper manufacturing 71 713 EntertainmenUrecre P P P P P ation facilities, indoor 71 7139 Entertainmentlrecre P P P p p p ation facili6es, outdoor 53 5323 Equipment rental p p p p p shop 81 8113 Equipment sales, P P P P P repair, and maiMenance 72 7222 Espressdlatte retail P P P P P P P P P P p service R R R R R R 92 92 Essentia) public R R R R R R R Chaptnr facilftes 19.9C A A 71 7139 Exercise P P P A A P P P P A~ 4 facility/gyrrUathletic club 32 3259 Exploslve p 2 manufecturing 49 4931 Explosive storage p p 90 P P P P P P 81 814 Family home, adult P P P P P P PIP PI P P 81 814 Family home, child P P P P 44 4412 Farm machinery P P P 22 sales and repair 11 1121 Feetl lot P 12 31 3112 FeedlcereaUflour P P 11 mill 32 3253 Fertilizer P manufaciuring 81 8129 Film developing P P P A A P P P 2 44 4431 Filmlcamera P P P A A P P P 3 sales/seroice I I I I 45 4531 Florist shop P P P A A P I P P P 31 311 Food produd P manufacturinglstara ge 44 4452 Food sales, P P P S P P SVMC 1 specaalty/butcher 19.60.040 shoplmeat (13)(3) markeUspecialty foods I 48 484 Freight forwarding P P I I 44 1447 Fueling station P P P A P P P I P 81 8122 Funeral home P P P 1 ~ 33 337 Fumiture P P manufaciuring 31 315 Garment P P manufacturing 45 453 IGift shop P P P A A P P P A P P P P P P 71 7139 Goli course P P P P 1 C C C C C C 71 7139 Goff driving P c P P P 1 rangeltraining center 49 4931 Grain elevator P P 3 44 4442 Greenhouse, P P P P P P 2 nursery, garden center, retail 11 1114 Greenhouse, S S P P SVMC nursery, 19.60.050 commercial (13)(3) 44 4451 Grocery store P P P S P P SVMC 19. 0. 0 (B)(3) 44 4441 Hardware store P R P S P P SVMC 3 19.60.040 (B)(3) 58 5622 Hazardous waste S S SVMC 11 treatment and 21.40.060 storage 1 1 48 14812IHeliport ( I I ~ I ~ I I P I P I 48 4812 I Helistop I I C C C C~ C I p~ 45 4511 Hobby shop P P P A P P P 2 44 442 Hame fumishings, P P P P retail sale 62 6221 Hospital P P P P P P R R R R R R 62 6222 Hospital, psychiatric R R R R R R R R R 10 and substance abuse 62 6223 Hospital, specialty P P P P P P P A A 10 72 7211 HoteUmotel P I P P P P I P P F ~ 31 3121 Ice plant P P 13 32 3259 Ink manufacturing P 1 45 4532 Jewelry, clock, P P P A P P P P P 2 musical instrument assembly, saleslservice 81 8129 Kennel, indoor S S S S P P See 1 kennel, doggie day zoning care facility districts for conditions 54 5413 Laboratories (Bio P P P 8 Safety Level 2) 54 5413 Leboratories (Bio P P P 8 Safety Level 3) - - - - - 54 5413 Laboratories (&o P P 8 Safety Levei 4) 62 6215 Laborataries, P P P P P P 1 medical and diagnostic 44 4441 Landscape P P P P 9 materials sales A A A 81 8123 Laundromat P P A P P P P 10 44 4453 Liquor store P P I P A A P P 56 5616 Locksmith P P P A A P P P 22 32 3211 Lumbermill, P sawmill, shingle mill, plywood mill 33 3327 Machine shop P P P 1 33 333 Machinelmachinery P P manufacturing 23 2361 Manufactured home P P 15 fabricaaon S S S S S 81 814 Manufactured hame SVMC park 19.40.130 45 4539 ManufacturBd home P P P 3 sales 32 1327 IManufacturing, ~ I I ~ I P I P I , rionmetaflic mefal products 45 4539 Market, outdoor ? T T T T T 98 62 6214 Massage therapy P P P P P P P p 98 31 3116 Meat/fish canning, p p - cutting, curing and 3117 smoking 33 3391 Medical and P p p laboratory instrumenUapparafu s manufacturing 42 4234 Medical, deMal, antl P P P q p 5 haspital equipment supplylsales 62 6214 MedicaVdentai clinic P P P P P p p p p 62 621 Medical/dental P P P P P P P P F office 33 332 IMetal fabrication ~ PF 33 332 Metal piafing + I ` 33 332 Metal processes, ~ hot Mineral product p manufacturing, nonmetallic 21 212 Mining p 72 7223 Mobile food S S S S S S S~ S I S+See 30 vendors zoning districts for condftions T T T T T T 23 2361 Model home units 15 71 7121 Museum P P P P P P P P 1 45 4511 Music store P P P A P P P 4 I I A A I 56 I 561 Office P P P P P P P P P P P 45 4532 Office and P P P A P P P P 1 computer supplies 99 999 Off-road P P recreational vehide use ~ 11 1113 Orchard, tree P P farming, commeraal 32 3221 Paperlpulp mills P 1 - 48 4859 Park-and-ride P P P P P P P P P facility 45 5222 Pawnshop P P P P 98 - 81 I 812 I Personal senrice P P P I P P P P P I 45 4539 Pet shop P P P A P P P 1 32 3241 Petroleum and coal P 1 products manufacturing 54 5419 Photographic studio P P P A A P P P 2 32 3251 Plastic and rubber P 1 products manufacturing 32 3261 Plasbc injecction P 99 molding, thermoset 32 3261 Plastic injection P P P P P P 99 molding, thermoplastic 32 3261 Plastic injection P 99 solvent molding 49 491 Post office, postal P P P P P P P P P P P certer 22 221 Pawer plart P (excluding public utility facilities) 56 5614 PriM shap P P P A P P P P P 3 32 323 PriMing, P P reprographics, bookbinding services, commercial 46 4884 Public pay parking P P P P P P 9 garageflot P P P P P P 22 221 Pubiic uhlity P P P P P P P P P P P distribution facility S S S S S S 23 237 Public utflity S S S S S S S S S S S SVMC transmission facility 19.40.030 71 7139 Racecaurse P P P P 9 71 7112 Racetradc P P 12 51 5151 RadiofTV P P F P P P broadcasting studio 46 4821 Railroad yard, P repair shop and roundhouse 72 7212 Recreatonal C S SVMC vehide 19 60• parklcampground 44 4412 Recreatlonal P P 1 vehicie sales and service P P P P P P 51 5151 Repeater facility P P P P P P P 1 ~ 72 17222 Re,staurant, drive-in P P ~ P P P P 72 7222 Restaurant, drive- P P A C P P P P through 72 722 Restaurant, full P P P A P P P P P P SeNlce 45 452 Retail sales P P P A P P P A A Limited to _ items 453 manufact ured on the premises. 71 7139 Riding stable P P 9 33 3312 Rolling mill P 2 31 3149 Rope P P 91 manufacturing 32 3252 Rubber P 12 reclamation, manufacturinglfabri cation P P P P P P 61 6111 Schools, public and P P P P P P P private, K through 12 P 61 6114 Schools, P P P P P P P P P P professional, vocational and trade schools Showroom P P P P P P 45 4533 Secondhand store, P P P P P P consignment sales 33 3399 Sign P P 5 manufacturinglrepai r 33 3399 Sign painting shop P P P P P 5 32 13256 Soap and cleaning ~ I I I I I I I P 1 compound manuFacturing 56 5629 Salid waste S S S SVMC 2 recyclingltransfer 19.60.060 site (g) 61 6116 Specia(ized P P P P S P P P Adaptive traininglleaming reuse of schools or stutlias existing structures only. No expansion allowed. P P 49 4931 Starage, self- P P p p 9 service facility 49 493 Storage, general - S S S S P See outdoors zoning distdcts tor csLior•~:. Tank storage, LPG S S S S S S S S S SVM" above ground 21.4a. 4 21 2131 Tank storage, S S SVMC 12 critiql material 2140 Q60 above ground 21 2131 Tank storage, S S S S SVMC 12 critical material 21.40.060 below ground 31 3161 Tanning, curing of p hides and skins I I 72 7224 Tavem P P I P I P P P I Ta)ddermy I P P S S S S S S 51 5172 Telecommunication S S S C S S S C S S Chapter wireless antenna 22.120 array SVMC C C C C C C 51 5172 Telec;ommunication S S S C S S S C S S Chapter vAreless support 22.120 tower SVMC 31 3141 Texble P P 1 manufacturing 71 711 Theater, indoor P P P P P P P I I I 71 711 ITheater, outdoor I P P P 56 5629 Tire, recap and P 2 retread manufacturing S S S S S S 51 5179 Tawer, ham S S S C S S C S S SVMC operator 19.40.110 (A) 22 2211 Tower, wind turbine C S S S C S S SVMC 19 support 19.40.110 (g) I I I I 148 14851 Transit center P P P P P P P P P I C 172 1213 Transitional housing 44 4412 Truck sales, rental, P P 22 repair and maintenance 44 445 Truck stop P P 4471 I I I I I I I I I I I 81 8114 Upholstery shop P P P P P 2 49 4931 Warehausing A S C A P P Adap6ve ( ron~aaea: cenoerrd ) 1 reuse of existing sauctures . No expansion allowed. 32 321 Wood praduct P P manufactunng 56 5629 Wredcing, recycling, C S SVMC 2 junk and safvage 19.60. 0 lyards (B) P Permitted Use A Accessory Only R Regional Sfing T Temporary Permit S Conditions Apply C CondfUonal Use Permit (Ord. 08-026 § 1, 2008; Ord. 08-402 § 1, 2008; Ord. 07-015 § 4, 2007). Table 17.80-1- Permit Type and Land Use Application , Type Land Use and Development Application SVMC Cross Reference Accessory dwelling units 19.40.100 Administrative determinations by community development director, Multiple public works director, or building official Administrative exception 19.140 Administrative interpretarion 17.50.010 Boundary line adjustrnents and eliminations 20.80 Buildinc! percliits rlot suNect to SEPA 21.20.04019.40. 440 Floodplain develovment 213 C► Gradine permits 24.50 Type I Home occuvation permit 19.40.1 40 Record of Survev to Establish Lots NN-ithin a Bindine Site Plan 20.60.040 Right-of-way permits 22.130.060 Shoreline permit exemption (dock permit) 21.50 Site plan review 19.130 Temporary use permit 19.160 Time extensions for preliminary subdivision, short subdivision or 20.30.060 binding site plan ~ 21.38 21.2n n4n • 24.58 Gr-ading @~5 Type Alterations-Preliminarv and linal subdivisions, short subdivisions. 22.502$-58 II bindine site plans$ia I3incliiw site plc-ul - PrzliminarNr and final ' 20.502$:58 e~e~s BindiiiQ site nlai7 - ChanLe of conditions ' 20.5022.128 ~oeilitie SEPA threshold detennination 21.20.060 Shoreline substantial develonrnent pennitQu`~isien Final 21.5020:40 Short suEidivision-Preliminan, and finalcED" 'h•°sh^'a a°'°m;~^+:^~ 22.30. 22.402.20.060 Pielilllllli?I"N- ShoS'I sl!rdil'lsli)Ii. li111Cl111ti S1te C)f Condltlo11S 27.30 J ~ Wireless communication facilities 122.120 Conditional use pennits 119.150 ~ P]anned Residential DeN-elapments 119.5020.38 ~ Piat Vacation 120.70.020 ~ Ty'Pe Preliminarv subdivision - Chanue af conditionsVwisnee 120.5019.170 III . Pf-elimiawy SubdiN,isions- 20.3820.30 Preliminan, I Variance Zoning 119.17019.30.030 Zoning map amendments (site-specific rezones) 119.30.030 Annual Comprehensive Plan amendments (text and/or map) 117.80.140 Type IV Area-wlde zoning map amendments 117.80.140 Development code text amendments 117.80.150 Table 22.50-7 - Loading Spaces Required LTse/Gross SquAre Feet Required Loading Spaces Industrial, manufacturing wholesale, warehouse, similar uses 10,000 - 40,000 square teet 1 space 40,001- 60,000 square feet 2 spaces 60,001- 100,000 square feet 3 spaces ~ nver 100,000 square feet l space for each 50.400 sqliare feet or part thereaf ~~eteh,-f?:estaurants 2000 - 60,000 square feet 1 space 60,001 -100,000 square feet 2 spaces Over 100,000 square feet 1 space for each 50,000 square feet or part thereof Hospitals, CUIlvalescenUnwsing homes and similar institutions 10,000 - 40,000 square feet 1 space 40,000 - 100,000 square feet 2 spaces Over 100.000 square feet 1 space for each 50,000 square feet or part thereof Department stores, retail and other commercial uses 10,000 - 20,000 squarz feet 1 space 20,001 - 50,000 square feet 2 spaces 50,001 - 100,000 square feet 3 spaces Over 100,000 square feet 1 space for each 50,000 square feet or part thereof 22.110.040 Number, general regulations for permitted permanent signs. A. Permitted permanent signs shall compfy with the requirements of Tabie 22.110-1. No more than the maximum numbers of either freestanding pole signs or monument sign structures are allowed per parcel. Table 22.110-1 - Location, Height and Copy Area Requirements Maximum Side Zoning Number Co y Ar ay Ar ay Yard Pernnit Addltional Land Use District per Height Ar a (ft2)/Lot (ft2) /Lot Setback Required Provisions Parcel ft) (ft2) Frontage Frontage ft) <100ft. >100ft. Attached Wall Signs I nstitutional Residential * * ~ n/a n/a n/a Y *25% of Zones wall area Single Business Residential 1 n/a 60 n/a n/a n/a Y Zones All Mixed Use *25% of Nonresidential and * n/a " n/a n/a n/a Y Wall area Nonresidential per Zones building Freestanding Signs Subdivision/Area Name/Muftifamily All Zones 1" 10 32 n/a n/a n/a Y Com plex/l nstitutional Single Business Neighborhood 1 20 100 n/a n/a 5 Y *Per Multi-business Business * arterial Complex (NC) Zones 1 20 n/a 100 n/a 5 Y strest Single Business Mixed Use 1* 30 n/a 100 200 5 Y frontage and Multi-business Nonresidential * Complex Zones (except 1 40 250 n/a n/a 5 Y NC) Nonresidential Nlonresidential 1 50 250 n/a n/a 5 Y "Adjacent Freeway' Zones to I-90 only Monument Signs SubdivisioNArea Name/Multifamily All Zones 1 10 32 n/a n/a n/a Y "Per Complexllnstitutional arterial ngle Business Neighborhood 1* 7 75 Na Na 5 street Y frontage Multi-business Business 2* 7 90 n/a n/a 5 Y Complex (NC) Zones Single Business Ail Mixed Use 2* 7 90 n/a Na 5 Y 'Per street and Multi-business Nonresidential 2* 7 150 n/a Na 5 Y frontage Complex Zones Other Signs Directional All Zones n/a n/a 4p4a nlab n/a n/a N Name Pl*s All Zones 1 n/a 4 n/a5 n/a n/a CITY OF SPOKANE VALLEY Request for Planning Commission Action Meeting Date: February 26, 2009 City Manager Sign-off: Item: Check all that apply: ❑ consent ❑ old business ❑ new business ❑ public hearing 0 information ❑ admin. report ❑ pending legislation AGENDA ITEM TITLE: Study Session to amend Spokane Valley Municipal Code as follows: Chapter 17.50.010-Adding a requirement that all requests for Administrative Interpretations be submitted in writing. Chapter 17.80.150- Correct the Distribution of Notice requirements to include the applicant, newspaper, city hall, and the main branch of the library Table 17.80-1- Alphabetize table and add Alterations and Planned Residential Developments. Table 17.80-2-Update the table to make pre-application meetings Optional for Type II applications with the exception of Short Subdivision and Binding Site Plans and refer to Chapter 21.20.070(BO(2) for SEPA noticing requirements. Chapter 19.70.010-Add a requirement that all parking, maneuvering and outdoor storage areas shall be paved. Chapter 19.70.020-Add a requirement that all parking, maneuvering and outdoor storage areas shall be paved. Appendix 19-A-Allow Warehousing in areas zoned Community Commercial with conditions. Chapter 22.50.020-Add a requirement that all parking, maneuvering and loading areas shall be paved and a stipulation that parking not provided on the same site as the use or structure shall not be separated from the use or building by a street designated as an arterial. Chapter 22.50.030-Change directional sign size requirements to be consistent with Table 22.110-1. Table 22.50-7-Remove Hotel/Motel from table Table 22.110-1-Update directional sign information to be consistent with language in Chapter 22.110.030, and remove copy area requirements for directional signs and name plates. GOVERNING LEGISLATION: RCW 36.70A.390 and RCW 35A.63.220 PREVIOUS PLANNING COMMISSION ACTION TAKEN: None BACKGROUND: The Uniform Deveiopment Code was adopted in September of 2007 and was effective October 28'~, 2007. Following the adoption of the code, a number of items were discovered which were incorrect, impractical, or omitted. These amendments are corrections of some of these items. ANALYSIS: Spokane Valley Municipal Code Section 17.80.150(6) provides approval criteria that amendments of the Spokane Valley Municipal Code must meet. Those criteria include: 1. The proposed amendment(s) are consistent with the applicable provisions of the Comprehensive Plan. 2. The proposed amendment(s) bear a substantial relation to the public health, safety, welfare and protection of the environment. Staff Comment: Staff constantly reviews and takes in comments regarding its Code provisions in an effort to fix things that are incorrect, don't work as intended, were omitted in error, and to remove those provisions that our experience shows us are unnecessary. We have been accumulating a number of potential changes as they relate to code compliance-related provisions, which are provided in the attachment. SVMC 17.80.150(F) states that the City may approve amendments to the UDC if it finds th at: (1) the proposed amendment is consistent with the applicable provisions of the Comprehensive Plan; and (2) the proposed amendment bears a substantial relation to the public health, safety, welfare, and protection of the environment. NEG-10 endeavors to protect groundwater quality from adverse development standards. Requiring paving of all parking, maneuvering, loading areas, and outdoor storage areas allows the discharge of groundwater to be controlled and filtered prior to entering the aquifer. EDG-1 encourages diverse and mutually supportive business development and the expansion and retention of existing businesses within the City for the purpose of emphasizing vitality, stability, and sustainabitity. Allowing warehouses to locate in Community Commercial areas, where adaptive reuse is employed, allows for a wider range and flexibly of uses for already existing buildings. EDG-7 works to maintain a regulatory environment that offers flexibility, consistency, predictability and clear direction. Removing Hotel/Motel from the "Loading Spaces Required" table allows these businesses to provide loading spaces only when they are needed. LUG-14 Improve the appearance and function of the built environment & TUG-5 Extend the functional life of the existing transportation system and increase its safe and efficient operation through the application of TSM strategies. Preventing parking facilities from being separated from uses by arterials improves safety and functionality. Lastly, the remaining amendments are being proposed strictly to correct errors or inconsistencies as follows: Requiring all requests for Administrative Interpretations to be submitted in writing, correcting the Distribution of Notice requirements, alphabetize and add alterations and ~ PRD's to the Permit Type table, make pre-application meetings Optional for Type II applications except Short Subdivisions and Binding Site Plans and refer to Chapter 21.20.070(B)(2) for SEPA noticing requirements, update directional sign and name plate requirements to be consistent throughout the code. The proposed amendments to the zone meet the above outlined goals, and are thus consistent with the Comprehensive Plan. RECOMMENDED ACTION OR MOTION: Staff's opinion is that the proposed amendments meets the above noted criteria and recommend that the Planning Commission hold a Public Hearing for these proposed amendments. BUDGET/FINANCIAL IMPACTS: NA STAFF CONTACT: Christina Janssen-Assistant Planner ATTACHMENTS: (1) Amended Text ~ i ~ ~ J CITY OF SPOKANE VALLEY Request for Planning Commission Action Meeting Date: March 12, 2009 City Manager Sign-off: Item: Check all that apply: ❑ consent ❑ old business ❑ new business 0 public hearing ❑ information ❑ admin. report ❑ pending legislat+on AGENDA ITEM TITLE: Study Session to amend Spokane Valley Municipal Code as follows: Chapter 17.50.010-Adding a requirement that all requests for Administrative Interpretations be submitted in writing. Chapter 17.80.150- Correct the Distribution of Notice requirements to include the applicant, newspaper, city hall, and the main branch of the library Table 17.80-1- Alphabetize table and add Alterations and Planned Residential Developments. Table 17.80-2-Update the table to make pre-application meetings Optional for Type II applications with the exception of Short Subdivision and Binding Site Plans and refer to Chapter 21.20.070(BO(2) for SEPA noticing requirements. Chapter 19.70.010-Add a requirement that all parking, maneuvering and outdoor storage areas shall be paved. Chapter 19.70.020-Add a requirement that all parking, maneuvering and outdoor storage areas shall be paved. Appendix 19-A-Allow Warehousing in areas zoned Community Commercial with conditions. Chapter 22.50.020-Add a requirement that all parking, maneuvering and loading areas shall be paved and a stipulation that parking not provided on the same site as the use or structure shall not be separated from the use or building by a street designated as an arterial. Table 22.50-7-Remove Hotel/Motel from table Table 22.110-1-Update directional sign information to be consistent with language in Chapter 22.110.030, and remove copy area requirements for directional signs and narne plates. GOVERNING LEGISLATION: RCW 36.70A.390 and RCW 35A.63.220 PREVIOUS PLANNING COMMISSION ACTION TAKEN: None BACKGROUND: The Uniform Development Code was adopted in September of 2007 and was effective October 28th, 2007. Following the adoption of the code, a number of items were I discovered which were incorrect, impractical, or omitted. These amendments are corrections of some of these items. ANALYSIS: Spokane Valley Municipal Code Section 17.80.150(6) provides approval criteria that amendments of the Spokane Valley Municipal Code must meet. Those criteria include: 1. The proposed amendment(s) are consistent with the applicable provisions of the Comprehensive Plan. 2. The proposed amendment(s) bear a substantial relation to the public health, safety, welfare and protection of the environment. Staff Comment: Staff constantly reviews and takes in comments regarding its Code provisions in an effort to fix things that are incorrect, don't work as intended, were omitted in error, and to remove those provisions that our experience shows us are unnecessary. We have been accumulating a number of potential changes as they relate to code compliance-related provisions, which are provided in the attachment. SVMC 17.80.150(F) states that the City may approve amendments to the UDC if it finds that: (1) the proposed amendment is consistent with the applicable provisions of tile Comprehensive Plan; and (2) the proposed amendment bears a substantial relation to the public health, safety, welfare, and protection of the environment. NEG-10 endeavors to protect groundwater quality from adverse development standards. Requiring paving of all parking, maneuvering, loading areas, and outdoor storage areas allows the discharge of groundwater to be controlled and filtered prior to entering the aquifer. EDG-1 encourages diverse and mutually supportive business development and the expansion and retention of existing businesses within the City for the purpose of emphasizing vitality, stability, and sustainability. Allowing warehouses to locate in Community Commercial areas, where adaptive reuse is employed, allows for a wider range and flexibly of uses for already existing buildings. EDG-7 works to maintain a regulatory environment that offers flexibility, consistency, predictability and clear direction. Removing Hotel/Motel from the "Loading Spaces Required" table allows these businesses to provide loading spaces only when they are needed. I LUG-14 Improve the appearance and function of the built environment & TUG-5 Extend the functional life of the existing transportation system and increase its safe and efficient operation through the application of TSM strategies. Preventing parking facilities from being separated from uses by arterials improves safety and functionality. Lastly, the remaining amendments are being proposed strictly to correct errors or inconsistencies as follows: Requiring all requests for Administrative Interpretations to be submitted in writing, correcting the Distribution of Notice requirements, alphabetize and add alterations and PRD's to the Permit Type table, make pre-application meetings Optional for Type II applications except Short Subdivisions and Binding Site Plans and refer to Chapter 21.20.070(B)(2) for SEPA noticing requirements, update directional sign and name plate requirements to be consistent throughout the code. The proposed amendments to the zone meet the above outlined goals, and are thus consistent with the Comprehensive Plan. OPTIONS: Review and recommend approval or non-approval as drafted or amended. RECOMMENDED ACTION OR MOTION: Staff's opinion is that the proposed amendments meets the above noted criteria and recommend that the Planning Commission forward a recommendation to amend the Municipal Code as stated above. BUDGET/FINANCIAL IMPACTS: N/A STAFF CONTACT: Christina Janssen-Assistant Planner ATTACHMENTS: (1) Amended Text . FINDINGS AND RECOMMENDATIONS OF THE SPOKANE VALLEY PLANNING CO?VIlVIISSION Marc6 12, 2009 The following findings have been prepared by Stafffor the Planning Commission in the cvent there is concurrence with the recommended approval. Background: A. The Uniform Development Code was adopted in September 2007 and became effective on October 28, 1-007. B. Following the adoption of the code a number of items were found to be either incorrect, impractical, or omitted. C. The amenclnients outlined here are the some of the first corrections to the code recommendcd by staff. D. 'I'he Planning Commission held a public hearing on March 12, 2009. The Planning Cnmmission approved che following amendments to the Spokane Valley Municipal Code, Title 19: Chapter 17.50.010-Adding a requirement that all requests for :ldministrative Intcrprctatic>rls he submitted in writinb. Chapter 17.80.150- Correct the Distribution of Nutice 1'eqUll'ti1leIltS to include the applicant, newspapzr, city hall, and the rnain branch c.~f the lihrary Table 17.80-1- Alphabetize table and acld Alterations and I'laiined Residential Uevelopments. Table 17.80-2-Update the table to make pre-application meetings Optional for Type II applications with the exception of Short Subdivision and Binding Site Plans and refer to Chapter 21.20.070(BO(2) for SEPA noticing requirements. Chapter 19.70.010-Add a requirement that all parking, maneuvering and outdoor storage areas shall be paved. Chapter 19.70.020-Add a requirement that all parking, maneuvering and outdoor storage areas shall be paved. Appendix 19-A-Allow Warehousing in areas zoned Community Commercial with conditions. Chapter 22.50.020-Add a requirement that all parking, maneuvering and loading areas shall be paved and a stipulation that parking not provided on ibe same site as the use or stn,cture shall not be separated from the use or building by a street designated as an arterial. Chapter 22.50.030-Change dirtctional sign size requirements to be consistent with Table 22.1 10-I . Table 22.50-7-Remove HoteUMotel from table Table 22.110-1-Update directional sign information to be consistent with language in Chapter 22.110.030, and remove copy area requirements for directional signs and name plates. Findings: SVMC 17.$0.150(F) states that the City may approve amendments to the UDC if it findti that: (1) the proposed amendment is consistent with the applicable provisions of the Gomprehensive P(an; and (2) ilie proposed amendment bears a substantial relation to tlie public health, safety, welfare, and protection of tl, environment. NEG-10 endeavors to protect groundwater quality from adverse development standards. Requiring paving of all parking, maneuvering, loading areas, and outdoor storage areas allows the discharge of groundwater to be controlled and filtered prior to entering the aquifer. EDG-1 encourages diverse and mutually supportive business development and the expansion and retention of existing businesses within the City for the purpose of emphasizing vitaliry, stahility, and sustainability. Allowing warehouses to locate in Community Commercial areas, where adaptive reuse is employed, allows for a wider range and flexibly of uses for already existing buildings. EDG-7 works to maintain a reguIatory environment ttlat offers flexibility, consistency, predictability and clear direction. Removing HoteUMotel from the "Loading Spaces Required" table allows these businesses to provide loading spaces oniy when they are needed. LUG-14 Improve the appearance and function of the built environment & TUG-5 Extend the functional life of the existing transportation system and increase its safe and efficient operation through the application of TSM strategies. Preventing parking facilities from being separated from uses by arterials improves safety and functionality. Lastly, the remaining amendments are being proposed strictly to correct errors or inconsistencies as follows: Requiring all requests for Administrative Interpretations to be submitted in writing, correcting the Distribution of Notice requirements, alphabetize and add alterations and PRD's to the Permit Type table, make pre-application meetings Optional for Type II applications except Short Subdivisions and Binding Site Plans and refer to Chapter 21.20.070(Bx2) for SEPA noticing requirements, update directional sign and name plate requirements to be consistent throughout the code. The proposed amendments to the zone meet the above outlined goa(s, and are thus consistent with the Comprehensiv P lail. Conclusions: The proposed amendments meet the applicahic provisions of the Spol:ane Vallcy C0111EM-ChenSiVe Plan Kecommendations: The Spokane Valley Planning Commissioil thcrefore recomrlleniis approval to the City Council of proposed amendtiients to "I'ities 17, 19, and 22 of the Spokane Valley Municipal Code. Approved this 12`h day, of Ntarch, 2009 Iao Robertson, Chairtnan ATTEST I Deanna Griffith, Adrninistrative Assistant ~ CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: April 7, 2009 City Manager Sign-off. Item: Check all that apply- ❑ consent ❑ old business ❑ new business ❑ public hearing ❑ information N admin report ❑ pending legislation AGENDA ITEM TITLE : Winter Street Maintenance Services , ~ GOVERNING LEGISLATION: PREVIOUS COUNCIL ACTION TAKEN: On March 24 Council directed that the City move ahead with and RFP process to secure a private contractor for Winter Services. BACKGROUND: On March 26t" I requested that the County begin to develop a two step RFP for winter services I suggested that the first step include the following outline specification: • Term of contract • Bonding requirements • Guarantee of uninterrupted service • Detail list of equipm.-Int requirements • Requirements for equipment maintenance, renewal and replacement • Staffing requirements • Plowing/deicing routes, schedules • performance requirements • Requirements for types, quantities and storage of deicing materials • Requirements and locations for facilities for storage, service and maintenance The draft specification would be issued with a request for letters of interest (LOI). Contractors could submit a brief letter outlining their capabilities, their facilities, existing equipment that would conform to the specification and how they would acquire additional facilities or equipment that would be needed to meet the contract This would give us a much better analysis of the interest and ability of existing contractors that want to propose on this contract Base on the level of response we could then proceed with phase two or develop an alternative plan. OPTIONS RECOMMENDED ACTION OR MOTION: BUDGET/FINANCIAL IMPACTS: STAFF CONTACT- Neil Kersten CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: April 7, 2009 City Manager Sign-off: Item: Check all that apply ❑ consent ❑ old business ❑ new business ❑ public hearing ❑ information ~ admin. report ❑ pending legislation AGENDA ITEM TITLE: Department of Licensing Agreement GOVERNING LEGISLATIDN: PREVIOUS COUNCIL ACTION TAKEN: On June 1, 2004, Council agreed to move forward with the Department of Licensing (DOL) Master License Service (MLS) handling our business registrations; and an Interlocal Agreement between the State of Washington Department of Licensing and the City of Spokane Valley was signed by our City Manager October 12, 2004. That agreement expires June 30, 2009, and the Department of Licensing has prepared a new Interlocal Agreement for Council consideration, which agreement has been reviewed by our legal department. BACKGROUND: The Governor's office directed MLS to offer its services to local governments as well as state agencies in order to make business licensing simpler. Through this service, new business applicants can apply for their City license and most of their state licenses on line with just one application form and an addendum. MLS charges a$9 00 handling fee for each renewal that covers a period of twelve months or more; and our City license fee is $13 00 for general businesses, and $3.00 for non-profit organizations. The new interlocal agreement term runs July 1, 2009 through June 30, 2014. The former contract states that we would establish a limited-service Washington State Unified Business Identifier (UBI) program field office and issue UBI numbers when appropriate. MLS now does that exclusively The former contract listed Ken Thompson as the contract coordinator, the new contract lists the City Clerk as the contract manager, with invoices to be sent directly to our Finance Department Accounts Payable. OPTIONS: RECOMMENDED ACTION OR MOTION: Council consensus to authorize staff to include this Interlocal Agreement on the April 14 Council consent agenda. BUDGET/FINANCIAL IMPACTS: STAFF CONTACT: Chris Bainbridge ATTACHMENTS: DOL MLS - City Partnership Agreement No K1236 INTERLOCAL AGREEMENT BETWEEN THE STATE OF WASHINGTON DEPARMENT OF LICENSING AND THE CITY OF SPOKANE VALLEY This Agreement is made and entered into by and between the State of Washington Department of Licensing, hereinafter referred to as "DOL," and the City of Spokane Valley, hereinafter referred to as "the City." DOL and the City enter into this Agreement pursuant to the authority granted by Chapter 39 34 RCW and Chapter 19 02 RCW PURPOSE It is the purpose of this Agreement to authorize the DOL Master License Service, (hereinafter referred to as "MLS"), to act as the City's agent for business licensing activities, and to ensure that the City retains its full, lawful, regulatory and approval authority over all business licensing activities within its jurisdiction. This Agreement may also be referred to as a"MLS City Partnership AgreemenY". This Agreement replaces that earlier Agreement between DOL and the City identified by DOL as 05/7360 and signed by the City on October 12, 2004. THEREFORE, IT IS MUTUALLY AGREED THAT: DEFINITIONS As used throughout this Agreement, the following terms shall have the meanings set forth below "Confidential Information" shall mean information that may be exempt from disclosure to the public or . other unauthorized persons under either chapter 42.17 RCW or other state or federal statutes. Confidential Information includes, but is not limited to, Personal Information, agency source code or object code, and agency security data. "Parfner" shall mean any city entering into a MLS City Partnership Agreement with DOL. °Personal /nformatlon," shall mean information identifiable to any person, including, but not limited to, information that relates to a person's name, health, finances, education, business, use or receipt of governmental services or other activities, addresses, telephone numbers, social security numbers, dnver license numbers, e-mail addresses, credit card information, law enforcement records, financial identifiers, and other information that may be exempt from disclosure to the public or other unauthorized persons under either RCW 42 56 or other state and federal statutes RRCIM'shall mean the Revised Code of Washington. "Subcontracfor" shall mean one not in the employment of a party to this Agreement, who is performing all or part of those services under this Agreement under a separate contract with a party to this Agreement The terms °Third Par(}I' and"Agents" in this Agreement includes subcontractors STATEMENT OF WORK The parties to this Agreement shall furnish the necessary personnel, equipment, material and/or service(s) and otherwise do all things necessary for or incidental to the exchange of data as set forth in the Statemenf of Work, Attachment A attached hereto and incorporated herein PERIOD OF PERFORMANCE Subject to its other provisions and regardless of the date of signature, the period of performance of this Agreement will begin on July 1, 2009 and end on June 30, 2014, unless terminated or extended sooner as provided herein. COMPENSAT/ON Services identified in this Agreement are provided by DOL at no charge with the exception of the following: Fde Name K1236 doc Page 1 of 6 Pnnted• 3/23/2009 DOL MLS - City Partnership Agreement No. K1236 The City agrees to reimburse DOL for any fees charged by financial institutions and/or credit card processors to handle the City's license fees collected by credit card and/or other electronic means, for the internet filing process of the City's licensees. The City agrees to reimburse DOL the costs of developing and producing ad hoc informational reports if reports are requested by the City and agreed-upon by DOL. The City shall reimburse DOL expenses for the implementation of changes to the MLS process, if requested by fhe City and agreed-upon by DOL All project coordination costs, including travel-related expenses, shall be absorbed by the respective parties for their own staff. BILLING PROCEDURES DOL shall submit any invoices as-needed, but in no event more often than monthly. Invoices shall be sent to the attention of Finance Department Accounts Payable at• City of Spokane Valley; 11707 East Sprague Avenue, Suite 106; Spokane Valley, WA 99206-6110. Payment to DOL shall be made by warrant or account transfer by the City within thirty (30) calendar days of receipt of the invoice. Upon expiration of this Agreement, any claim for payment not already made shall be submitted within ninety (90) calendar days after the expiration date or the end of the fiscal year, whichever is earlier. RECOROS MAINTENANCE The parties to this Agreement shall each maintain books, records, documents and other evidence which sufficiently and properly reflect all direct and indirect costs expended by either party in the performance of the service(s) described herein. These records shall be subject to inspection, review or audit by personnel of each party, other personnel duly authonzed by either party, the Office of the State Auditor, and federal officials so authorized by law. Unless otherwise agreed, all books, records, documents, and other material " relevant to this Agreement will be retained for six years after expiration and the Office of the State Auditor, federal auditors, DOL Internal Auditors, and any persons duly authorized by the parties shall have full access and the right to examme any of these materials during this period. Records and other documents, in any medium, furnished by one party to this Agreement to the other party, will remain the property of the furnishing party, unless otherwise agreed. The receiving party will not disclose or make available this material to any third parties without first giving notice to the furnishing party and giving it a reasonable opportunity to respond Each party will utilize reasonable security procedures and protections to assure that records and documents provided by the other party are not erroneously disclosed to third parties. CONFIDENT1ALl TY . DOL maintains data that is required or shared by multiple regulatory agencies and other junsdictions. This data is subject to various public disclosure laws regulating its protection and dissemination to third parties. In particular, much of the MasterApplication information may not be disclosed under RCW 82 32.330, RCW 51 16 070 and RCW 50 13 020. The Parties agree that all data provided or shared under this Agreement shall be governed by the public disclosure laws of the Department of Revenue, the Department of Labor and Industries, the Department of Employment Secunty and the Office of the Secretary of State. Information determmed to be subject to public disclosure is wntten in the Washington State UBI Policies and Procedures Manual (httq //dor wa aov/Docs/Pubs/UBI/UBlmanualComqlete adf) The City's public disclosure laws shall also apply All requests to City or DOL for public information of data collected by DOL's Master License Service shall be guided by these laws and policies. INDEPENDENT CAPAClTY The employees or agents of each party who are engaged in the performance of this Agreement shall continue to be employees or agents of that party and shall not be considered for any purpose to be employees or agents of the other party' AGREEMENT ALTERATIONS AND AlV1ENDMENTS This Agreement may be amended by mutual agreement of the parties Such amendments shall not be binding unless they are in wnting and signed by personnel authorized to bind each of the parties. MEMORANDUM OF UNDERSTANDING (MOU) Instructions that either Contract Manager determines to address more than day-to-day concerns, but which do not modify the ferms of this contract, shall be documented by a written, numbered Memorandum of Understanding. File Narne K1236 doc Page 2 of 6 Printed 3123/2009 DOL MLS - City Partnership Agreement No. K1236 TERM/NAT/ON . Either party may terminate this Agreement upon ninety (90) calendar days' prior wnften notification to the other party. If this Agreement is so terminated, the parties shall be liable only for performance rendered in accordance with the terms of this Agreement pnor to the effective date of termination. TERMINAT/OIV FOR CAUSE , If for any cause, either party does not fulfill in a timefy and proper manner its obligations under this Agreement, or if either party violates any of these terms and condifions, the aggrieved party will give the other pariy written notice of such failure or violation. The responsible party will be given the opportunity to correct the violation or failure within fifteen (15) business days If the failure or violation is not corrected, this Agreement may be terminated immediately by written notice of the aggrieved party to the other DISPUTES In the event that a dispute arises under this Agreement, it shall be determined by a Dispute Board in the following manner: Each party to this Agreement shall appoint one member to the Dispute Board. The members so appointed shall jointly appoint two additional members to the Dispute Board. The Dispute Board shall review the facts, Agreement terms, and applicable statutes and rules and make a determination of the dispute, The determination of the Dispute Board shall be final and binding on the parties hereto. As an alternative to this process, any of the parties may request intervention by the Governor, as provided by RCW 43.17 330, in which event the Governor's process will control. GO VERNANCE This Agreement is entered into pursuant to and under the authority granted by the laws of the state of Washington and any applicable federal laws. The provisions of this Agreement shall be construed to conform to those laws. In the event of an inconsistency in the terms of this Agreement, or befinreen its terms and any applicable statute or rule, the inconsistency shall be resolved by giving precedence in the following order• 1. Applicable state and federal statutes and rules; 2. The terms of this Agreement, 3. Stafement of Work, Attachment A; and 4 Any other provisions of the Agreement, including materials incorporated by reference.• ASSIGNMENT The work to be provided under this Agreement, and any claim arising from it, is not assignable or delegable by any party in whole or in part, without the express prior written consent of the other parties. WAIVER A failure by any party to exercise its rights under this Agreement shall not preclude that party from subsequent exercise of such rights and shall not constitute a waiver of any other rights under this Agreement unless stated to be such in a wnting signed by personnel authorized to bind the party and attached to the original Agreement. RIGHTS OF INSPECTION Each party shall provide right of access to the other party, or any of its officers, or to any other authorized agent or official of the state of Washington or the federal government at all reasonable times, in order to monitor and evaluate performance, compliance, and/or quality assurance of internal policies and procedures, and/or records relating to the safeguarding, use, and disclosure of Confidential Information obtained or used as a result of this Agreement. Each party shall make available information necessary for the other party to comply with public's right to access, amend, and receive an accounting of any disclosure of their Confidential Information SUBCONTRACTING Wth prior written consent, any party may enter into subcontracts for any of the work or services contemplated under this Agreement. Consent shall not be unreasonably withheld. The party issuing the subcontract is responsible for ensuring that all terms, conditions, assurances and certifications set forfh in this Agreement are carried forward to any subcontracts. SEVERABILITY If any provision of this Agreement or any provision of any document incorporated by reference shall be hefd invalid, such invalidity shall not affect the other provisions of this Agreement that can be given effect without the invafid provision, if such remainder conforms to the requirements of applicable law and the fundamental purpose of this Agreement To this end the provisions of this Agreement are declared to be severable. File Name• K1236 doc Page 3 of 6 Pnnted• 3/23/2009 DOL MLS - City Partnership Agreement No. K1236 CONTRACT MANAGEMENT The Contract Manager for each of the parties shall be responsible for and shall be the contact person for all communications regarding the performance of this Agreement. The Contract Manager for the City is: The Contract Manager for DOL is: ~ , Christine Bainbridge Maria Moore City Clerk Master License Service City of Spokane Valley Department of Licensing 11707 East Sprague Avenue, Suite 106 PO Box 9034 Spokane Valley, Washington 99206-6110 Olympia, Washington 98507-9034 Phone, 360-664-1419 Phone: 509-688-0177 Fax: 360-570-7875 Email. cbainbridae e.sqokanevallev or4 Email. mmoore(@dol wa aov ALL WRITINGS CONTAlNED HEREIN This Agreement contains all the terms and conditions agreed upon by the parties No other understandmgs, oral or otherwise, regarding the subject matter of this Agreement shall be deemed to exist or to bind any of the parties hereto !N WITIUESS WHEREOF, the parties have executed this Agreement City of Spokane Valley State of Washington Department of Licensing _ (Signafure) Date Julie Knittle Date Contract Officer (Name & Tit/e) . Approved as to Form (K935) Signature On File 1/13/09 Jerald Anderson, AAG Date Fde Name: K1236 doc Page 4 of 6 Printed 3/23/2009 DOL MLS - City Partnership Agreement No. K1236 ATTACHMENT A STATEMENT OF WORK The City Shall: Agree to the exclusive use of the "Master Applicationn and any required addenda for the process of applying for a City business license, and the exclusive use of the "MLS Licenses and Registrations" document for proof of City business licensure. If additional forms are identified as necessary for the processing of City licensee accounfs, their design, creation, or collection will be a cooperative effort between DOL and the City. Agree to the exclusive use of the Unified Business Identifier (UBI) number in conjunction wrth the physical location identification number used by DOL in the identification of licensees and license accounts in all communications with DOL. Maintain remote on-line inquiry and update access to the MLS Database End-to-end testing will take place until such time as DOL is satisfied. Accept responsibility for payment of all equipment, connection, access and maintenance charges related to the City's access into and use of the MLS Database Accommodate requirements for Master Application forms regardless of whether the transaction involves a City business license. Ensure the timely availability to DOL of City Licensing and Information Technology staff. Staff will be knowledgeable of City operations and/or technology and be able to assist DOL staff with process improvements and/or troubleshooting. Use commonly accepted security procedures to ensure that confidential information is not improperly disclosed Provide advance notice to DOL of potential changes to City business licensing requirements, fees or processes to allow DOL the timely implementation of changes into any electronic or automated systems or procedures related to the administration of City's business licensing. Upon request by DOL, provide statistical data associated with the MLS City Partnership Agreement such as Full Time Equivalent (FTE) savings, change in number of City licensees, and change in revenue flow. DOL Shall: Create, produce, issue, accept, and process new and renewal applications for City business licenses In doing so, DOL will collect, process and disburse the respective City business license fees and licensing inforrnation received from applicants and licensees. Issue licensing documents (Master Licenses) for City business licensees. Maintain and update the MLS Database to the best of its ability DOL shall not be responsible for system down time or other delays to the receipt of information or errors in the compilation of such information Provide informational reports to the City of the City's business licensees City staff will determine which reports best suit their needs and the frequency that reports are required Reports may include but are not limited to: daily lists of new business applications and renewals, fees processed each day, weekly list of pending accounts, and'lists of businesses for which fees have been transferred Provide services through Internet-based or paper-based licensing processes, depending on the needs of the City and the capability of DOL. Design and implement modifications to the MLS Database and establish any related procedures and forms. Provide technical assistance m establishing and configuring appropriate MLS Database access and ensuring security of access for City staff. Provide training to City staff in the use of the MLS Database upon execution of Agreement Provide ongoing training to accommodate system or staff changes. Training will be provided onsite at City location or via internetltelephone, as agreed between both patties. File Narne: K1236.doc Page 5 of 6 Pnnted 3/23/2009 Attachment A, Statement of Work DOL MLS - City Partnership Agreement No K1236 Notify the City of any changes anticipated to MLS processes or services as they become known, and mitigate the impacts that such changes may have upon the services provided. Prepare any required computer system change request in coordination with the City, and place the request in a prioritized work queue for timely completion. DOL staff will be mindful of potential impacts to DOL and City Partners as a result of any proposed changes to the MLS process. DOL will assist City Partners in considering possible alternatives and determining the most feasible means of achieving the objective of a proposed change. DOL will review the proposed change with all City Partners potentially impacfed and will attempt to reach consensus among all affected parties. - Microfilm or electronically image all paper documents submitted and maintain electronic representations of all filings completed via the Internet. DOL shall not maintain paper copies. The City will have access to information filed with DOL on paper or via the Internet through electronic access to the MLS Database. If the City requires a paper document, DOL will produce a copy from microfilm or electronic record The copy will be certified, if required by the City. File Name• K1236 doc Page 6 of 6 Pnnted 3/23/2009 Attachment A, Statement of Work CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: April 7, 2009 City Manager Sign-off: Item: Check all that apply: ❑ consent ❑ old business ❑ new business ❑ public hearing ❑ information Z admin. report ❑ pending legislation AGENDA ITEM TITLE : Edward Byrne Memorial Justice Assistance Grant (JAG) Program GOVERNING LEGISLATION: PREVIOUS COUNCIL ACTION TAKEN: none BACKGROUND: none OPTIONS: none RECOMMENDED ACTION OR MOTION: Staff will update Council on the progress of this grant BUDGET/FINANCIAL IMPACTS. STAFF CONTACT: Mike Jackson, Deputy City Manager ATTACHMENTS: Memo RE: Justice Assistance Grant (JAG) dated March 31,2009 . S ok~a.ne ~ ,,;WOVaHey 11707 E Sprague Ave Suite 106 ♦ Spokane Valley WA 99206 509.921.1000 ♦ Fax: 509.921.1008 ♦ cityhallCspokanevalley.org Memorandum To: Mike Jackson, Deputy City Manager Mayor and Members of Council From: Morgan Koudelka, Senior Administrative Analyst Date: March 31, 2009 Re: Justice Assistance Grant (JAG) Edward Byrne Memorial Justice Assistance Grant (JAG) Program - Recovery Act Application Deadline: May 18. Presentation of proposal must be made at open public meeting no later than April 17 (The City of Spokane is the grant facilitator and will conduct the public meeting: a public meeting is not required of all the participating jurisdictions.) City of Spokane Valley Eligible Amount: $207,652 Match Required: None Award Period: July 1, 2009 - up to four years. Summary: The United States Department of Justice has made available criminal justice funding through the Edward Byrne Memoi-ial Justice Assistance Grant Program. The City of Spokane Valley is eligible for $207,652 that can be spent over a four-year period. No matching is required. There is a non-supplanting requirement. The City of Spokane has ag;reed to act as the fiscal agent and submit a regional application on behalf of all eligible entities in Spokane County. All entities must agree to the proposed plan for expending the funds and all chief executive officers must sign a memorandum of understanding. The plan and application must be published thirty days in advance of submitting the application and public comment must be taken. . City of Spokane Valley - JAG Program March 31, 2009 Page 3 of 4 Regional Award $1,249,764.00 Joint Regional Projects Encryption Server 330,000.00 Forensic Computer System 101900.00 Criminal History Project 170,000 00 % Based on Fed Remaining Breakdown $ 738,864.00 Guideiines Spokane County 114,865.98 15.55% Spokane City 487,176.54 65.94% - Airway Heights City 7,631 25 1.03% Cheney City 6,425.78 0 87% Spokane Valley City 122,764.45 16.62% Cif.y ot Spokane Valley 1Egpenditures: Chief Van Leuven has indicated that he believes the best benefit to the City of Spokane Valley is to j oin with Spokane County in indentifying planned expenditures that benefit both entities. City Manager Mercier agrees with this approach. Undersheriff Jeff Tower has identified the following items as the best use for the JAG funds. A.mmunition SWAT equipment, including ballistic vests, firearms etc Laptop computers, modems and other technology Mobile radios Portable radios Software licenses for COPLINK, GANGNET Scanners and printers for electronic ticketing A vehicle for towing LE Command Post (may not be eleigible) Trauung items such as steel targets, landing mats for DT, protective gear, tactical lights etc. DRAFT ADVANCE AGENDA For Planning Discussion Purposes Only as of April l, 2009; 1:15 p.m. Please note this is a work in progress; items are tentative To: Council & Staff From: City Manager Re: Draft Schedule for Upcoming Council Meetings April 14, 2009, Regular Meeting,, 6:00 p.m. [due date Mon, April6j Pruclamatiaa: Bring your Kids to Work Day 1. PUBLIC AEARING: Amended 2009 TIP - Neil Kersten/Steve Worley 110 minutes) 2. Consent Agenda: Payroll, Claims, Minutes; MLS Licensing Agreement [5 minutes] 3. Second Reading Proposed Ordinance Airport Overlay - Karen Kendall [20 minutes] 4. First Reading Proposed Ordinance Amending Camp Plan - Mike Basinger [20 minutes] 5. First Reading Proposed Ordinance, Batch Code Amendments - Christina Janssen [20 minutes] 6. Proposed Resolution Amending Res. 03-040, Banking Authority - Ken Thompson [10 minutes] 7. Proposed Resolution Amending 2009 TIP - Neil Kersten/Steve Worley [10 minutes] 8. Motion Consideration: Pines PCC intersection Bid Award - Neil Kersten [5 minutes] 9. Admin Report: Tourism Promotion Area - Liz Beck (confirmea) [15 minutes] 10. Admin Report: City Finance 101 - Dave Mercier [ 15 minutes] 11. Admin Rprt: Ageiida Items for tentative Sp City/Council Joint Mtg - Mayor Munson [10 minutes] 12. Admin Report: Splashdown Agreement - Mike Stone [ 10 minutes] 13. Info Only: Stimulus Phase 2- Neil Kersten 14. Info Only: ICMA Assessment Update [*estimated meeting: 135 minutes] April 21, 2009: NO MEETING Council Attends NLC Green Cities Conference, Portland, Oregon April 18-22 April 28, 2009, Kcgular NItg, 6:00 p.m. CENTER~'LACF:2426 N Discoverv Rd [due date Mon, Apri1201 1 ~!rJBLIG:HE:~I.~Cr::::SAIZP~ - Scvtt Kuhta [90 minutes] 2. n;ent Agerlcia: E'ayroll, Cl:iims, Minutes; Approval of Splaslldown Contraci - Mike Stone [5 minutes] 3. SARP Discussion - Council [30 minutes] 4. Inio vnly: Department Reports [*estimated meeting: 125 minutes] Ma~, 2009, Studv Session, 6:00 p.m. [due date Monday, April 271 1. Sewer Rates Presentation - Bruce Rawls (30 minutes) 2. Cable Franchise Update - Morgan Koudelka (15 minutes) 3. Council External Committee Reports - Councilmembers (10 minutes) 4. Discussion - Scott Kuhta (30 minutes) 5. Proposed 2010-2015 'I'IP - Steve Worizy (15 minutes) 6. Ordinance Modifying SVMC 9.10 (towing) - Ian Whimey/Cary Driskell (20 minutes) 7. Allocation of Space at Valley Precinct Building - Morgan Koudelka (15 minutes) 8. Council Discussion: Agenda Items for June 3 County/Council Joint Mtg - Mayor Munson (l 0 minutes) [Total Meeting: 145 minutes] Mav 12, 2009, Regular Meeting, 6:00 p.m. [due date Nionday, May 41 1. PUBLIC HEARING: Cable Franchise - Morgan Koudelka [15 minutes] 2. Consent Agenda: Payroll, Claims, Minutes [5 minutes] Second Reading Proposed Ordinance, Batch Code Amendments - Christina Janssen [15 minutes] 4. Second Reading Proposed Ordinance Amending Comp Plan - Mike Basinger [ 15 minutes] 5. Motion Consideration: Sprague Ave Resurfacing-Phase I Bid- Neil Kersten [10 minutes] 6. Motion Consideration: McDonald & Evergreen PCC Intersections Bid - Neit Kersten [S minutes] 7. Admin Report: Hearing Examiner Rules - Mike ConneIly [20 minutes] llraft Advance Agenda 4/2/2009 10:24:07 AM Paae 1 of 3 _ , (*estimated meeting: 85 minutes] N1av 19, 2009, Study Session, 6:00 Q.m. (due date Monday, May 11 J 1. Follow up on Sewer Rates - Bruce Rawls (30 minutes) 2. Solid Waste System - Deputy Mayor Denenny/Councilmember Schimmels (20 minutes) 3. Community Survey Results - Mike Jackson (15 minutes) 4. Regional Affordable Housing Task Force Report - Mike Adofae (peiiding confirmation) (20 minutes) 5. Computer Laptop Training - Bing [15 minutes] [Total Meeting: 80 minutesi Mav 26, 2009, Regular Mceting, 6:00 p.m. [due date Monday, May 181 1. PLTBLIC HEARING: 2010 - 2015 TIP - Steve Worley [20 minutes] 2. Consent Agenda: Payroll, Claims, Minutes [5 minutes] 3. First Reading Proposed Ordinance to Amend Co>>1ii, I'I,in (SARI' 13ook I) -N1ik-c Connelly [20 minutes] 4. First Reading Proposed Ordinance Amend UDCr":1dopt Subartii Pkin & Map (f3ook 11) - Scott Kuhta [30 min] 5. First Reading Proposed Franchise Ordinance, Cable -N1un~an Koud411,a [10 minutes] 6. First Reading Proposed Ordinance 09-005 False Alarm - Rick VanLeuven [10 minutes] 7. Info Only: Departrnent Reports 8. Executive Session: Labor Relations [*estimated meeting: 95 minutes] June 2, 2009, Study Session. 6:00 p.m. [due date Monday, May 261 1. Area Legislators Update - Mayor Munson (45 minutes) Council External Committee Reports - Councilmembers (10 minutes) 3. Street Standards - Gloria MantzJJohn flohman (20 minutes) [Total Meeting: 75 minutes] Cottfirtned: iP'ec% Juite 3, 2009; 1:34 - 4:30 Spokaire tlallev Council ('ltambers: Joilr! CoritrciUCouirh► Meeting June 9, 2009, Regular MeetinV, 6:00 p.m. [ciue date Monday, June 11 1. Consent Agenda: Payroll, Claims, Minutes [5 minutes] 2. Second Readiag Proposed Ordinance to Amend Comp Plan (SARP 13ouk I) Mike Connellv [15 minutes] 3. Second Reading Proposed Ordinance to Amend UDGAdupt Subarea Plan Map (Book Il) - S Kuhta [30 min] 4. Second Reading Proposed Franchise Ordinance, Cable - Morgan KOudelkil [5 minutes] 5. Second Reading Proposed Ordiilaticc 09-005 I'al:e Alarm - Rick VanLeuven [10 minutes] 6. Proposed Resolution Adopting Stibarca Plan F3ot,k iTI: C.'ity Actions - Mike Connelly [20 minutes] 7. Proposed Resolution Adopting 20 10-2U 15 1111 - Sc~~~~ %Vorley [10 minutes] [*estimnted meeting: 95 minutes] June 16, 2009, Studv Session, 6:00 p.m. [due date Monday, June 81 1. Surplus Items - Ken Thompson (20 minutes) 2. Residential Lighting - Kathy McClung (20 minutcs) [Total Meeting: 40 minutcsJ Saturdav, June 20, 2009: CounciVStaff Summer Retreat 9:00 - 3:00 [due date VVed, June 111 Tentative Topics: finaticial forecast; revieiv 2009 Cowicil goals; proposed 2010 Council goals; Comp Plan Update/UGA/JPA; Brainstorming June 23, 2009. No Meeting_Council attends AWC Conference June 23-26 in Spokane .Tune 30, 2009. Special Regular Meeting 6:00 p.m. [due date Monday, June 221 1. Consent Agenda: Payroll, Claims, Minutes [5 minutes] First Reading Proposed Ordinance Adopting Street Standards - Gloria NlantzJJohn Hohman [20 minutes] 3. First Reading Proposed Ordinance Amending Title 24 - Lori Barlow [20 minutes] 4. Motion Consideration: Broadway Rehab Phase 2 Bid Award - Neil Kersten [5 minutes] 5. Info 4nly: Department Reports [*estimAted mecting: minutes] DratZ Advance Agenda 4!2%2009 10:24:07 AM Page 2 of 3 ~ Julv 7, 2009, Studv Session, 6:00 u.m. [due date Monday, June 291 1. Council External Committee Reports - Councilmembers Julv 14, 2009, Rezular MeetinLy, 6:00 p.m. [due date 1V.[onday, July 6] 1 Consent Agenda. Payroll, Claims, IV.tinutes [5 minutes] 2. Second Reading Proposed Ordinance Adopting St7-eet Standards - Gloria MantzJJohn Hohman [15 minutes] 3. Second Reading Proposed Ordinance Amendtng Title 24 - Lori Barlow [15 minutes] [*estimatcd meeting: minutes] Julv 21, 2009, Study Session, 6:00 p.m. [due date Monday, July 13] 1. Council External Committee Reports - Councilmembers Julv 28, 2009, Regular iV.ieeting 6:00 n.m. [due date Monday, July 20] 1. Consent Agenda: Payroll, Claims, Minutes [5 minutes] 2. Info Only: Department Reports OTHER PENDING AND/OR iTPCOMING ISSiTE, S/MEETiNGS: Accessory Dwelling Units (modify Ord 08-006) 7/09 Budget Calendar for 2010 Budget City Center Report to Council City Hall Sales Purchase Agreement Comp Plan Qrtrly Update (July, Oct, Jan, April) Concurrency Contracts - 7-year renewals (pros/cons) Court Services Alternative Analysis Discovery Playground Bid Award (June?) East Gateway Monument Structure # Governance Manual Impact Fee Request Central Valley School District IT Specialist Classification Rcsolution Joint Mtg w/City of Spokane Council (possrble topics waste water challenges, munrcrpal court challenges, regronal transportation plannrng/solutions; GMA polrcres & rmple»zentation) Lodging Tax Northeast Housing Solutions City Membership # Overweightlover size vehicle ordinance (2009) Panhandling Ordinance Rite Aid Proposal - Inga Note Roads: Winter Weather Assessment - Neil Kersten Strategic Transp. Financial Plan - Dave Mercier Transportation Benefit Dist (2009) a Establish ord, (b) set publrc hearrng, (c) draft resolutron, (d) ballot 1 angzcage Transportation Impacts Use Agreement (Cary Driskell) Water rights Western Dance Hall Contract C# = Awaiting action by others; doesn't allow for time for public comments] Draft Advance Agenda 4/2/2009 10 24 07 AM Page 3 of 3 S C1TYokmne p ,,;;0OValley 11707 E Sprague Ave Suite 106 ♦ Spokane Valley WA 99206 509.921.1000 ♦ Fax: 509.921.1008 ♦ cityhallCspokanevalley.org Memorandum To: City Council Members; David Mercier, City Manager From: Michael D. Stone, CPRP, Director of Parks and Recreation Date: April 2, 2009 Re: Renewal Contract Updates Two critical contracts to the Parks and Recreation Department expire December 311 2009. Both the Park Maintenance contract with Senske and the Pool Operations contract with the YMCA will have reached the end of their terms this year. Staff anticipates going through a process this summer to ensure that we have contracts in place for 2010 by the end of the year. Park Maintenance Contract: This contract is the backbone of our parks system. It is critical for the City to contract with an entity that is experienced in grounds maintenance, urban forestry, playground maintenance and facility repair. They should have sufficient resources/equipment to perform the work to the standards set forth, along with adequate storage facilities. Our previous contractor raised the bar to a standard that we need to maintain. Currently we are anticipating separating this contract into two parts. The "service" portion, obtained through an RFP process, would encompass approximately 85% of all of the work currently being performed. The "public works" portion, which would need to be bid out, would cover the actual repairs to facilities such as restrooms, fencing, shelters, play equipment, etc. Staff anticipates developing both an RFP for the service portion of the work, and invitation to bid and contract specifications for those public works portions over the next several months. Selections and interviews as required should be conducted in late summer to facilitate the adoptions of the contracts prior to next year. 1 Pool Operation Contract: - While the operation of our three pools is critical to our Recreation program, the options available to us are limited in regards to staffing and operating our pools. The City can either hire its own aquatic staff or continue to contract with an outside entity. As we discovered from the responses to our initial Aquatic RFP the choices within our community are limited. The YMCA stepped up as the only viable option at the time. Staff will continue to explore the landscape as we develop our RFP for services in 2010 and beyond. - If you have any questions or need additional information please let me know. Thank you. cc: Mike Jackson, Deputy City Manager Cary Driskell, Deputy City Attorney 2 CITY OF SPO . VALLEY Memo To: Dave Mercier and Spokane Valley City Council From: Ken Thompson, Finance Director Date: March 30, 2009 Re: Banking Authonty Dunng 2003 the City Council passed resolution 03-040 and ordinances 03 and 03-074 These documents authonzed then Mayor Michael DeVlemming, Finance Director Ken Thompson, Deputy City Manager Nina Regor, Councilmember Mike Flanigan and Councilmember Dick Denenny to conduct city business with our bank This wording should now be expanded to include financial institutions mcluding the local government investment pool City business included making deposits, signing checks issued by the city and authorizing transfers to and from city accounts We now need to authorize current councilors and staff members to conduct city business with financial institutions I suggest the following be authorized to conduct city business Mayor Richard Munson Finance Director Ken Thompson Deputy City Manager Mike Jackson Councilmember Diana Wilhite Councilmember Gary Schimmels An updated resolution will be prepared for council review at the council meeting on April 14 1 CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: April 7, 2009 City Manager Sign-off- Item: Check all that apply. ❑ consent ❑ old business ❑ new business ❑ public hearing M information ❑ admin report ❑ pending legislation AGENDA ITEM TITLE: Draft Amendment #2 - 2009 Transportation Improvement Program (TIP) GOVERNING LEGISLATION: RCW 35.77.010 PREVIOUS COUNCIL ACTION TAKEN: Adopted 2009-2014 Six Year TIP on June 24, 2008, Resolution #08-014; Information Memos on Federal Stimulus Projects at December 16th Meeting and SRTC prioritization list in January 13t" Council Packet; Public Hearing and adoption on January 27, 2009 of the Amended 2009 TIP. BACKGROUND: Council adopted the Amended 2009 TIP based upon information staff had earlier this year including information relative to the federal economic stimulus funding program Since then the projects selected for economic stimulus funding includes only the Sprague Ave Resurfacing Project 1- University to Evergreen According to information staff has received from the SRTC there may be an opportunity for additional federal economic stimulus funding through redistributed funds We have asked the SRTC to include the Sprague Ave Resurfacing Project 2- Evergreen to Sullivan on their list for redistributed economic stimulus funds. Staff also realized that the Sprague Ave ADA Improvements Project was inadvertently left out of the Amended 2009 TIP adopted by Council on January 27, 2009 This CDBG funded project is a carryover from 2008 and has been designed, bid, and awarded and is ready to go to construction this spring Staff also recommends moving forward with the design of the Bowdish Rd - 32"d to 8t" Project and the Evergreen/32"d - 16th to 32"d, Evergreen to SR27 Project this year. Completing the designs of these two projects puts them in an advantageous position to receive future federal funding Based on this information, it is recommended that the 2009 TIP be amended again to reflect the deletion of the projects that did not receive funding, include those projects that were not completed in 2008 and have been carried over to the 2009 construction year, and include those projects that would begin design work. Attached is a summary of the proposed changes OPTIONS: Info only RECOfNMENDED ACTIOIV OR MOT'iBN: Info only BUDGET/FINANCIAL IMPACTS: The 2009 budget has sufficient funds to accommodate the projects associated with this draft Amendment #2 - 2009 TIP. STAFF CONTACT: Steve Worley, Senior Capital Projects Engineer Neil Kersten, Public Works Director; ATTACHMENTS: Draft Amendment #2 - 2009 TIP Cfty of Spokane Vailey Departrnent of Public Works Arnended 2009 Transportatlon Improvement Program Resolutlon 09-003, January 27,2009 Primary City Tota12009 Projeci From To Source Amount Project Costs 0 Broadway Ave Safety Project Pines (SR 27) Park UAP $ 187,000 a 933,000 t Pines/Mansf►eld Montgomery Pines (SR-27) TPP $ 206,000 $ 1,798,000 2 Barker Road Bridge @ Spokane River BR $ 1,182,000 $ 8,727,000 3 Applsway/SpraguelDishman-Mfca ITS I-90 Dishman Mica CMAQ $ 62,500 $ 644,400 4 STEP Pavebadc Various locations City $ 1,291,000 $ 1,500,000 Rockwell Phase 2 $ 195.000 Clement Rotchford Acres Valleyview West Ponderosa 8 Broadway Ave Reconstructfon 180 ft. E of Moore Flora UAP $ 254,000 $ 874,000 7 Appleway Ave Extension University Evergreen STP(U) $ 121,000 $ 937,000 8 WSDOT Urban Ramp Projects Broadway, Argonne, Freya UC City $ 300,000 $ 300,000 S Pines/Sprague Intersection PCC STA $ 152,000 $ 742,000 10 44th Ave Pathway Sands Woodruff STP(E) $ 44,000 $ 328,000 11 Broadway Avenue Rehab #2 Fancher Thierman STP(U) $ 82,000 $ 608,000 12 Park Road Project 2(PE Only) Broadway Indiana STP(U) $ 48,000 $ 352,400 16 Sprague Ave Resurfacing Project 1 University Evergreen Fed Sbm $ 150,000 $ 2,573,000 17 EvergreenlSprague Intersection PCC STA $ 233,040 $ 1,133,000 18 McDonaldlSprague Intersection PCC STA $ 219,000 $ 1,069,000 Broadway/Fancher PCC Intersectian STP(U) $ 119,100 $ 771,100 Signal Controiler Upgrade CMAQ a 12,600 $ 93,600 SpraguelConklin Signal Developer $ 35,000 $ 245,000 ' Sprague Ave Resurfadng Evergreen Sullivan Fed Stm a 95,000 $ 1,335,000 Euclid Ave Resurfacc;ing Sullivan Flora Fed Stm $ 69.000 $ 970,000 Preserv _ 32nd Ave Resurfaang Dishman Mica SR 27 Fad Stm $ 71,000 $ 996,000 Sulllvan Rd Resurtacing Indiana Eudk! Fed Stm $ 105,000 $ 1,475,000 Dishman Mica Resurfacing #1 16th University Fed Stm $ 89,000 $ 1,245,000 Dishman Mica Resurfacing #k2 Bowdiah City Ljmits Fed Stim $ 31,000 $ 429,000 Bowdish Rd 32nd 8th Fed Sdm $ 779,000 a 4,793,000 Flora Rd Sprague Mission Fed Stm $ 524,000 $ 3,886,000 Reconst ~ Mission Ave Flora 8arker Fed Stm $ 495,000 $ 3,598,000 EvergreeN32nd 16th/Evernreen 32nd/SR 27 Fed Stm $ 706,000 $ 4,387,000 8arker Road 8th Appleway Fed Stm $ 447,000 $ 2,856,000 Camahan Truck Lane 8th City Limits Fed Stm a 384,000 $ 2,491,000 Indiana Ave Extension 3,800' E cf Suilivan Flora TIB $ 180,000 802,000 S E,653,200 53,124,100 City of Spokane Valley Department of Public Works Proposed Amendment #2 2009 Transportatlon Improvement Program Resolutlon 09-00X, April 14, 2009 Primary City TotaI2009 Project From To Source Amount Project Costs 0 Broadway Ave Safety Project Pines (SR 27) Park UAP $ 186,570 $ 932,850 1 PineslMansfield Montgomery Pines (SR-27) TPP $ 120,000 $ 1,556,000 2 Barker Road Bridge @ Spokane River BR $ 1,182,000 $ 8,727,000 3 Appleway/Sprague/Dishman-Mica ITS I-90 Dishman Mica CMAQ $ 61,903 $ 639,614 4 STEP Pavebadc Various locations City Rockwell Phase 2 $ 20,477 $ 215,887 Cbemertt (Inciudes $211,095 CDBG Grant) $ 113,505 $ 324,600 Rotchford Acres $ 432,000 $ 432,000 Valleyview $ 300,000 a 300,000 West Ponderosa Phase I $ 770,000 a 770,000 West Ponderosa Phase II $ 518,000 a 516,004 6 Broadway Ave Reconstruction 180 ft. E of Moore Flora UAP $ 249,000 $ 657,000 7 Appleway Ave Extension University Evergreen STP(U) $ 121,000 $ 937,000 8 WSDOT Urban Ramp ProJects Broadway, Argonne, Freya VC City $ 278,000 $ 276,000 9 Pinss/Spragus Interseciion PCC STA $ 187,000 $ 912,000 10 44th Ave Pathway Sands Woodruff STP(E) $ 44,000 $ 328,000 11 Broadway Avenue Rehab #2 Fancher Thierman STP(U) $ 81,180 $ 601,520 12 Park Road Project 2(PE Onty) Broadway Indiana STP(U) $ 47,453 $ 351,648 16 Sprague Ave Resurfacing Project 1 University Evergreen Fed Stim $ 190,000 $ 3,080,000 17 EvergreeNSprague Intersection PCC STA $ 218,000 $ 1,063,000 18 McDonald/Sprague Intersection PCC STA $ 188,000 $ 912,000 Broadway/Fanchsr FCC Intersection STP(U) $ 119,100 $ 771,100 Signal Controtler Upgrade CMAQ $ 12,084 $ 89,512 SpraguelConklin Signal Developer $ 35,000 $ 282,000 Sprague Ave ADA Improvements CDBG $ 10,000 $ 55,000 Sprague Ave Resurlacing #2 Evergreen Sulllvan Fed Stlm $ 85,000 $ 1,336,000 2-1140afl Flefa Fed-Sfim $ W998 $ 970;890 Preserv = 9E6hfla'aR'Misa 'SR'27 Fed-SfiFn 'li;ABA t 986.809 IFIGI+ar1a reweli Fed-S4A t 196;080 t 1,47-6,909 4" 1-1 R +A.reFBity Fed-Sfim g 99,689 t 1,246;000 Bewdish G+ty L+aits Fed-Stiff► 4 34;000 $ 428;8e9 Bowdiah Rd 32nd 8th Fed 8tim i 550,000 S 850,000 r-IsFa Rd SpFaqae #A+ssiaA Fed-SfiFn t 974;0AA t 3,886,099 Reconst Ml"en Ave ~ ~ t 3,698, Evergreen/32nd 16th/Evergreen 32ndlSR 27 Fed 8tlm $ 408,000 $ 406►000 BadceFRead Sih Applevrajr Fed rtt"CA $ 7-2, AAA t 2;896;W0 $44 6+ty 6i~its FOd 90113 g 484;80A d 2;491.~AA Indiana Ave Extension 3,600' E of Sullivan Flora TIB $ 51,000 $ 738,000 S 6,582,272 $ 27,958,731 • Tho Strat Praervation Projects will be completed as staff and fundiag levtl5 CIION•. Budgct for Strxt Prexn•stion Projocts includa S500,000 cantingenry t'rojects and time5amas ideatified 'w tbe 'fIP tre to be comideted aaatates onty thal msy change due to n%luioty of cirzua►stxnces, and are not irrcended by the Ciry to bc relied upon by property ownrn or Funded ProJeds Added Projects 2008 Carry Over Proler's CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: April 7, 2009 City Manager Sign-off: Item: Check all that apply: ❑ consent ❑ old business ❑ new business ❑ public hearing 0 informaaon ❑ admin. report ❑ pending legislation AGENDA ITEM TITLE : Federal Energy Efficiency and Conservation Block Grants GOVERNING LEGISLATION: PREVIOUS COUNCIL ACTION TAKEN: none BACKGROUND: The Federal Govemment has announced the availability of Energy Efficiency and Conservation Block Grants (EECBG): Dollars Available: The City of Spokane Valley is eligible for $823,400. DOE may deduct funds for administrative expenses to administer the EECBG Program. Application Deadline: June 25, 2009 but the goal is to have 50% of the funds committed to activities that begin no later than June 17, 2009. Basic Goal: Implementing strategies to reduce fossil fuel emissions, total energy use, and improve energy efficiency in all sectors. However, each entity is required to use the funds in a cost-effective manner that is of maximum benefit to the population of that entity and in a manner that will yield continuous benefits over time in terms of energy and emission reductions. Expenditure Tirneline: All funds must be obligated/committed within 18 months of the effective date of the award and expended within 36 months of the effective date of the award. OPTIONS: none RECOMMENDED ACTION OR MOTION: BUDGET/FINANCIAL IMPACTS: STAFF CONTACT: Mike Jackson, Deputy City Manager ATTACHMENTS : Web-page article, U.S. Department of Energy, dated March 26, 2009 Depariment of Energy - Obama Administration .4nnounces S.3.2 Billion in Funding ior L... Page 1 of 2 ABOUT OOE ~ ORGANIZATION I NEWS I CONTACT US, L9 F&U, ri M. rO DEPARTMENT O ENE.RGI V ~ ~ ` : • 4-. - t r • TECHNOLOGY ■ ' O f -0 Press Reieases You are here: DOE Home > News Archive > Media Advisories > Sofar Decathlon Media Tours Avaftable Thursday, Gctober 11, on [he Natioral hlail before Homes Open to ;he PubliC Media Advisories Pnr~~tr-Fn~_nci!y Congresstonal Test;mony March 26, 2009 Lab Fea[ures Obama Administration Announces ;3.2 Billton In Funding for Local Energy Efficiency Events Improvements Emaii Updates Block Grants co Supporf lobs, Cu[ Energy Bills, and Increase Energy Independence ooE Dl9ital Archive WASFIINGTON - Vfce President ]oe Bfden and Energy Secrekary Steven Chu today announced plans to RSS FCed invest $3.2 billion In energy efflclency and conservatlon pro)ecks ln U.S. cities, counttes, states, territories, and Natlve American Mbes. The Energy Efficiency and Conservatfon Block Grant program, Medfa Contacts funded by President Obama's Amertcan Recovery and Reinvestment Act, will provlde formula grants for proJects that reduce total energy use and `ossll fuei emfssions, and improve energy effic►ency News Archive natfOntivlde. "These investments will save tax.paye- dollar5 and create jabs in commur,ities arounci the country," said Vice President Biden. "Local leaders will have the ftexibillty In how they put these resources to work - but we will hold them accountable for making the Investments qultkly and wisely to spur the local econorny and cut energy use." T`ie fundiny will suppor; energy atidits and energy efficiency ret ;,fits In reside-itial and comrnercial buildings, the development and Implementatlon of advanced building codes and inspections, and the creaUon of financiai InCentlve programs for energy eMcEency improvements. Other acUvides ellglbie for use of grant funds include transportation programs that conserve energy, projects to reduce and capture methane and otfier greenhouse gas emisslons from landfitis, renewabie energy installaUons on government buudings, energy effident [raffic s(gnals and street Ilghts, deployment of Combined Heat and Power and disMct heating and cooling systems, and others. To ensure accountability, the Department of Energy will provide gufdance to and require granc reuplents to report on the number of jobs created or retained, energy saved, renewable energy capacity installed, greenhouse gas emisslons reduced, and `unds leveraged. Funding Is based on a formula that accounts for populadon and eneroy .,sP. "The Block Grants are a major Investmen[ in encray scluUCns thac will strrr;gthen America's econorny and create jobs at the local level," said Secretary Chu. "The funding will be used for the cheapest, cleanest and most rellable energy technologies we have - energy effldency and conservation - whlch can be deployed immetilately. 'T'he grants also empower local communitles to ;rake s!rategic Investrnents to meet the natfon's long [errn ciean enerqy and climate goals." Clties and counties will reCelve nearly $1.9 bllllon under the Energy EffiCiency and Conservatlon Block Grant Program, and states and teMtorles will receive nearly $770 million. States will receive and administer funds for those counties and cities that are not large enough to quaiify far direct DOE fijnding. More than $54 mllllpn will flow dlrectiy to Tribal govemments. Up [o $456 mllllon of this funding Is planned to be made avallabie under a separate competitive solicitatlon for tocai energy efficiency projects. That solicitatlon will be released at a later date. Today's announcement Is In additlon to DOE's recent release of neariy $8 bllllon to support weatherization and stace energy projects. A detalled breakdown of the funding by s.ate, county, city and *,rtl;ai government is availabie on Energy..gov[recove.ry. Following today's announcement at the tiVhite House, SECretary Chu and Labor Secretary Hi!da Solis are visiting the Community College of Allegheny County in Pittsburgh, Pennsylvanfa. Workers at the facility are being tralned for the kinds of "green jobs" that the city and caunty are Investing in - ranging from construetion and fadtity uPgr-ades of green buildings to installation of energy efflcient littp:!/NA-xvw.enerSY.&,uv,/news2009!7101.htm 4/1%2009 Department of F..nergy - Obama Administration.Mnounces S3.2 Billion in Funding for L... Pa~e 2 of 2 street I!yhts to builcfing energy audi[5. Secretanes Chu and Seus will highlight tr,e city and counry efforts as a modei for other communities and an example af how this furiding can create local jobs and save energy. Leam information on the Energy Efficiency and Con$ervation Block GranL Program. Medfa contact(s): (202) 586-4940 inspector General I DOE Directives I Small Business INFORMATION "lh~ ~1 hi~c 1 lc~u~ USr,.90V E•GOV S U A!/ T Y ~ U.S, Department af Energy 1 3000Independence Ave.. Sw 1 ,•-1, hu, 1-800-dial-DOE ( f/202-586-4403 Vh'eb Pc'lciec I No F,-~~-r Ac[ ~ Si'? Map I Priv:~Cy I Phpne http://www.energy.gov/news2009/7101.htm 4/1 /2009