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2009, 06-30 Regular Meeting MinutesAttendance: Rich Munson, Mayor Dick Denenny, Deputy Mayor Rose Dempsey, Councilmember Bill Gothmann, Councilmember Gary Schimmels, Councilmember Steve Taylor, Councilmember Diana Wilhite, Councilmember MINUTES City of Spokane Valley City Council Regular Meeting Tuesday, June 30, 2009 Mayor Munson called the meeting to order at 6:00 p.m. and welcomed everyone to the 162nd meeting. City Staff: Dave Mercier, City Manager Mike Jackson, Deputy City Manager Mike Connelly, City Attorney Mike Stone, Parks & Recreation Director Kathy McClung, Community Development Dir. Neil Kersten, Public Works Director Greg McCormick, Planning Manager Rick VanLeuven, Police Chief Carolbelle Branch, Public Information Officer Patty Bischoff, Administrative Assistant Greg Bingaman, IT Specialist Chris Bainbridge, City Clerk INVOCATION: In the absence of a pastor, Councilmember Taylor gave the invocation. PLEDGE OF ALLEGIANCE: Councilmember Taylor led the Pledge of Allegiance. ROLL CALL: City Clerk Bainbridge called the roll; all Councilmembers were present. APPROVAL OF AGENDA: It was moved by Councilmember Taylor, seconded and unanimously agreed to approve the agenda. INTRODUCTION OF SPECIAL GUESTS AND PRESENTATIONS: n/a COMMITTEE, BOARD, LIAISON SUMMARY REPORTS: Councilmember Taylor: reported that he had a great time at the AWC (Association of Washington Cities) convention in Spokane, that it included some good classes and great networking opportunities; and he's getting ready for his transition. Councilmember Gothmann: said that he attended a SNAP meeting which an had audit and he said they "came through clean; that he attended some of the AWC conference sessions with numerous meetings in between; he mentioned he sat across from our lobbyist at the dinner' and said she is a very impressive young woman and that Council appreciates her hard work on behalf of our city; he went to the Spokane Regional Health Department Meeting and said the Health Department is getting hit with additional funding issues and mentioned they go through a logical way of determining the next program to be terminated if funding doesn't come through, adding that the proposed cuts in the methadone treatment program will result in more addicts; that he and Commissioner Richard had an extensive discussion concerning customer service, and Councilmember Gothmann said the County does not consider Spokane Valley as a "customer" as they don't get anything out of this arrangement; but Mr. Gothmann mentioned that we treat all of our patrons, those we serve, as customers and we don't get anything out of it either and said Spokane Valley has a culture to treat all residents as customers; that we have a number of contracts with the County and Councilmember Gothmann thinks it is essential that as issues come up in the contract that they are taken care of as soon as they surface and Commissioner Richard agreed; and Councilmember Council Regular Meeting: 06 -30 -2009 Page 1 of 8 Approved by Council: 07 -28 -09 Gothmann suggested to Commissioner Richard the paradigm used in King County where they set up a contracts committee which has representatives from all the people they have contracts with; and as issues surface, it would get assigned to get taken care of, and he said he doesn't see any reason why we can't do likewise and suggested this would be a way to positively affect our contracts in the future so we would be a good partner to them and vice - versa. Councilmember Schimmels: reported that he attended the meeting with the Board of County Commissioners and the State Auditor two weeks ago and they are still looking for more information; and that he attended the AWC Convention last week. Councilmember Wilhite: said she attended the AWC Convention and workshops and other events and commented on how well run the Convention was with the City of Spokane as host; said she was elected to the AWC Board to serve for a term; and mentioned she is working with SRTC (Spokane Regional Transportation Council) revising their mission and vision statement; and that she also attended the annual United Way meeting. Deputy Mayor Denenny: stated that it was a great deal of fun to participate in the grand opening of the Spokane Valley swimming pools and said the pools now have a more family- friendly environment; he attended the Boundary Review Board meeting with CTED (Community Trade and Economic Development); the Health Board Meeting where they were briefed on several issues; attended the Council retreat since the last meeting; the Solid Waste Advisory Committee meeting where they discussed the various forms of government and the pros and cons of those styles; and some parts of the AWC Convention. Councilmember Dempsey: said she attended her first AWC Convention and she enjoyed the interaction with people from across the state; and attended a workshop on retro safety, which is keeping things safe and keeping the city out of trouble. MAYOR'S REPORT: Mayor Munson reported that he spoke to the Liberty Lake Kiwanis Club concerning our Sprague /Appleway Revitalization Plan and had a good audience which generated lots of good questions and discussion, and the discussion included mention of their disappointment that light rail has not moved forward; he attended a Boundary Review Board Luncheon Meeting at CenterPlace regarding progress made by the CTED group in helping the County recognize their costs study is not completed; attended the three pool openings; spent some time on the Mike Fitzsimmons show; attended the STA (Spokane Transit Authority) Board meeting where they passed the fare increase; and the Board members were asked to monitor funding sources for those who can't afford to pay for the increases in the handicapped program; attended the Waste Management opening on East Indiana; went to a Firefighter graduation where four firefighters were accepted into the Valley Group; went to the ValleyFest Auction; and enjoyed our Council /Staff retreat; mentioned he attended a jail meeting last week and said the County and Sheriff's Office announced a bond issue is likely in 2010, but nothing is official yet; that they are looking at alternatives to a downtown jail, like a rural setting but again nothing is finalized and he said they are not sure if this process will result in a new essential public facilities study; attended the AWC conference and said he chairs the membership committee and as the current past president, also now serves on the executive board; he attended the federal legislative committee meeting during the AWC conference; and said he is also a member of the Municipal Research Council where they heard about the new budget; attended a Transportation Committee Meeting for the Greater Spokane, Inc., attended the 911 meeting today and mentioned that funding is not meeting expectations and they are trying to adjust; said he sent e-mail to our State Legislators to invite them to a July 7 meeting here but all declined and he wrote them asking them to re- consider and choose from several optional dates; and he asked for Council's concurrence to mail the letter and he received consensus to do so. Proclamation: Parks and Recreation Month: Mayor Munson then read the Proclamation proclaiming July as Parks and Recreation Month, which proclamation was accepted by Spokane Valley Parks Director Mike Stone, who thanked Council for the recognition and encouraged all citizens to get out and enjoy the Council Regular Meeting: 06 -30 -2009 Page 2 of 8 Approved by Council: 07 -28 -09 programs and facilities; adding that the attendance is much higher at the pools this year compared with last year which he said, could be because we are open prior to other pools, and warm weather helps. PUBLIC COMMENTS: Mayor Munson invited general public comments. Troy Dilley, 2400 N Wilbur Road, Valley 206 Apartments: he asked if there is a way to get people to sign something that they approve the City of Spokane Valley instead of being in opposition to it, and Mayor Munson said that is up to citizens as Council is not in a position to legally do something like that; and Mr. Dilley also asked if this City could have its own July 4 fireworks display, and Mayor Munson said it is something Council will consider. 1. CONSENT AGENDA: Consists of items considered routine which are approved as a group. Any member of Council may ask that an item be removed from the Consent Agenda to be considered separately. a. Claim Vouchers, Voucher # 17516 through # 17604; 604090015, 61709004: total: $2,100,941.11 b. Payroll for pay period ending June 15, 2009: $269,570.92 c. Approval of June 9, 2009 Regular Council Meeting Minutes d. Approval of June 16, 2009 Council Study Session Meeting Minutes e. Approval of June 18, 2009 Special Council Meeting Minutes It was moved by Councilmember Wilhite, seconded and unanimously agreed to approve the consent agenda. NEW BUSINESS: 2. Motion Consideration: Bid Award Discovery Playground — Mike Stone It was moved by Councilmember Taylor and seconded to award the Discovery Playground project contract to Ginno Construction for the base bid amount of $1,476,184.00. Parks and Recreation Director Stone explained the bid award procedure as noted on his June 30, 2009 Request for Council Action form; that to award the bid additional funds are needed as all three bids came in higher than the Architect's estimate; that staff was able to reallocate funding by using the $405,000 balance remaining from the construction of the CenterPlace project; and using approximately $171,000 from the existing 2009 and proposed 2010 Park Capital Budgets; with a reminder that the project includes a direct appropriation from the State of $800,000. Mayor Munson invited public comment. Dick Behm, 9405 E Sprague Avenue: said this is a wonderful project; that these consultants screwed up big time and didn't take into consideration prevailing wage; that he is not sure if we have any recourse but they should be reprimanded as we expect consultants to know their job and to know the requirements in our state. Councilmembers expressed their appreciation to Mr. Stone for addressing the funding issue. Vote by Acclamation: In Favor: Unanimous. Opposed: None. Abstentions: None. Motion carried. Other Business: In departing from the normal agenda, Mayor Munson said tonight we have a bittersweet situation as we are loosing one of the founding fathers of Spokane Valley; and he gave Councilmember Taylor the floor. Councilmember Taylor said this is an emotional time and he doesn't show emotion too much, except when he is whining and complaining about not getting his way on the dias; and said this has been an awesome experience, he has gone through three election cycles; that we have gone through some interesting growing pains and we will continue to do that; and said that this experiment we have engaged in is working very well, and the main reason why it works is because of the relationship among Councilmembers, from the original seven to the council makeup today, and Council's ability to work with staff and with the citizens; and he thanked everyone for all the support; and he thanked City Manager Dave Mercier for his assistance in the next portion of Mr. Taylor's career, and said he appreciated Mr. Mercer's support, advice, and mentorship; and said it has been very helpful. In a more serious mood, Mr. Council Regular Meeting: 06 -30 -2009 Page 3 of 8 Approved by Council: 07 -28 -09 Taylor said he has been at the farewell addresses of several councilmembers throughout the City of Spokane and County Commissioners, and he heard some good speeches and some bitter speeches; and he said he wants to make sure that he doesn't have any bitterness when he leaves, as this has been such a joyous occasion and a great investment of time for the past seven years; and said while he has "worked hard to emulate the character, doggedness and verbosity of John Adams, he is closing this period of political service by choice rather then by defeat at the ballot box, and in all actuality, said his best comparison to John Adams has to have been the love, support and patience of an amazing wife who has stuck by him through all the trials and tribulations of public life, and he had flowers presented to Cassandra. Mr. Taylor continued: "Seven years ago an opportunity to serve was presented to me when our citizens voted to incorporate this City of Spokane Valley. Eager to get the jump on potential competitors, I was the first person to announce my candidacy for the new city council. I remember the day after I made it official, I was driving east on Sprague, and just looking around and I thought, wow, this city is really big, what in the heck did I just get myself into. I was literally sick to my stomach for the next week as I rushed to file my financials, conduct my first interview, and prepare my doorbelling literature. By the time we made it to filing week, I was wondering how many people would actually sign up for office. I thought maybe I could get a pass. Well by the end of the week I saw that wasn't going to happen when six others filed for my position alone, and fifty -two candidates had filed overall, three dropped out and there was forty-nine that went on to the final. Fast forward to this year though, where we have four seats up for election, the open seat was filled without opposition, and only two or three incumbents face a challenge at all. Quite a change. Now we all know the rest of the story from 2002 when the magnificent seven, or the seven devils depending upon whether you supported incorporation or not, and we took office in November to build Washington State's seventh largest city from scratch. The last seven years have been a blur, but I just have to look in the mirror at the gray hair I have accumulated or just not as much as others, or out at the audience at my two -year old son to see the changes that have occurred during my time on the council. I could reminisce all evening, but again, we all know the stories, the debates and the number of times I have been on the wrong end of a six/one vote. Rather I would like to talk about the future and what Spokane Valley can look forward to in the years to come. To my fellow councilmembers, every decision we make lays the groundwork for those who will follow us; and although our time of leadership is but a fleeting shadow, what we do in life echoes through our posterity. We have been given the responsibility of stewardship by our citizens to provide those public services necessary for a functioning society. We are charged to lead those we represent and leave Spokane Valley a better place then which we found it. I believe the work we have done since incorporation has laid a solid foundation for the future. Let's be sure the foundation remains true so the City may continue to build and prosper. To the staff, while many of those who laid the footings of the City are no longer here, I express my gratitude and sincere thanks for the work you have done. No other city of our size is run more efficiently and no other municipal staff has displayed more dedication and flexibility. You embody the highest standards of public service and professionalism, but the greatest praise I can give you is that you have made our jobs easy from the very start. As the future unfolds, continue to be bold, embrace innovation and implement the vision this Council has provided on behalf of the citizens. And to the citizens of Spokane Valley, I am honored and humbled to have been given this opportunity to serve. I hope I have done my best to represent the interests of all the people of our great city and made decisions that will move our community forward. This experience in self - governance has been an unbridled success in many respects, but our lack of civic identity remains the greatest threat to Spokane Valley's longevity. Our community will never reach its potential until the spirit of disincorporation dissipates. I challenge those who are engaged in this exercise in Council Regular Meeting: 06 -30 -2009 Page 4 of 8 Approved by Council: 07 -28 -09 futility to channel your efforts into building up our city rather then in tearing it down. We all know that the best, most effective form of government is that which is closest to the people. Every citizen has the obligation and the responsibility to inform themselves and participate in the government they have chosen. Seven years ago the people choose the City of Spokane Valley as their government. Now let's look ahead and continue building a great place to live. Ladies and Gentlemen: it has been my distinct privilege to serve with you, you are my colleagues, my friends, and my family. May you continue to serve Spokane Valley with strength and honor, and may God bless you and your service to our fair city. Thank you." Deputy Mayor Denenny remarked on the personal relationship and the camaraderie throughout the years, and in seeing Mr. Taylor moving on to another point in his life, and mentioned the strength of Mr. Taylor's character and the strength of his convictions; and he enjoyed watching him as he moved from his 20's into his 30's and a family man. Mr. Denenny then presented a plague to Mr. Taylor depicting: 6 -1, as a reminder of the joys Mr. Taylor experienced during his tenure; and mentioned how he appreciates Mr. Taylor's friendship, love and support of the City. Councilmember Gothmann said since the beginning, it was evident that Mr. Taylor was the person to vote for, and said he appreciates Mr. Taylor's earnest dedication to the City and to his principles; which all makes this Council stronger, and he thanked Mr. Taylor for his dedication and extended well wishes to him. Mayor Munson said he has always enjoyed the friendly competition about who would make the first motion and said we will miss that; or who would make the first pun; and he presented a plaque to Mr. Taylor, on behalf of the Council and the citizens of Spokane Valley which reads: "Steve Taylor, a founding father of the City of Spokane Valley. Good luck on the next leg of your journey of excellence." Dick Behm said he remembers receiving the distinction of "honorary city councilmember" and said he has used that distinction several times; said he appreciates all the work Mr. Taylor has done as one of the founding members of the City; that when asked about council's vision for this city's future, said he feels we have accomplished the ten -year goal, and he thanked every councilmember; and said it is an honor and a privilege to have known Mr. Taylor and wished him the best of luck, from him personally and from the Valley Business Association, along with thousands of citizens of the City of Spokane Valley. City Manager Dave Mercier expressed to Mr. Taylor that he feels his excellent academic preparation, his professional experience in working with Congressman Nethercutt, the Home Builders Association, and his seven years as a policy leader on the City Council have prepared him for his new profession, and said he is confident that he will serve his community well and have a successful career in public management; and said that is it with great pleasure, that I say: "Welcome to the profession." Mr. Taylor extended an invitation for everyone to visit him in Connell, and after a standing ovation for Mr. Taylor, Mr. Taylor took his leave as his new position in Connell begins tomorrow. Mayor Munson said a plan is being established to replace Mr. Taylor, which will be discussed next week in open session. Mayor Munson called for a recess at 7:00 p.n., and reconvened the meeting at 7:16 p.m. ADMINISTRATIVE REPORTS: 3. State Route 27 Safety Project — Marion Lee, Spokane County Ms. Marion Lee, Injury Prevention Specialist with the Spokane Regional Health District and this project's education committee chair, and Harold White of the Department of Transportation gave Council a presentation on the SR 27 Safety Project, "Spokane Valley to Rockford Corridor Project." Ms. Lee explained that the project goal on this approximate twenty miles of highway is to "reduce the number of deaths and injuries on State Route 27/Pines that result from traffic crashes by using low -cost, near -term solutions." She explained that the components of the project include education, enforcement and engineering, discussed some of the cost of the crashes; and said that from February 2004 to January 2007 there were 486 collisions, with ten of those resulting in serious injuries or death; and that 32 of those were Council Regular Meeting: 06 -30 -2009 Page 5 of 8 Approved by Council: 07 -28 -09 alcohol related; she explained some of the leading causes of the collisions; and some of the proposed improvements, such as improving traffic signals, sidewalks, and crosswalks, and educating students about traffic and pedestrian safety. Mr. White added that they work closely with the Spokane Valley Engineer's office to try to address some of those traffic issues, as they strive to make traffic flow better; adding that they recently received a grant from the Traffic Safety Commission to erect warning signs about reducing speeds. Deputy Mayor Denenny asked about slow drivers and said that they can cause accidents as other drivers get frustrated with the slow driver, and pass when not appropriate; and was told that it is difficult to catch the slow driver if there are many cars in a line, and they are not sure how to do a slow driving enforcement, but will relay that back to the traffic safety committee. Ms. Lee added that the project will be funded for the entire calendar year, and she would like the opportunity to present to council at the end of the project. Council thanked the presenters for their information and commended them on these activities. 4. Shoreline Inventory — Greg McCormick Planning Manager McCormick explained that when we incorporated we adopted Spokane County's Shoreline Management Project, which was adopted in 1974 and is substantially the same as when originally adopted; that Council included funding in the 2009 budget to begin work on developing a Shoreline Management Project for the City; that staff issued a request for proposals (RFP) and received five responses; that staff selected the top three firms based on screening criteria outlined in the RFP and that interviews are scheduled for July 9. Mr. McCormick said afterwards, Council will be presented with a recommendation regarding contract negotiations with the selected firm. 5. Comp Plan Amendment CPA 01 -09 Options — Mike Connelly /Greg McCormick City Attorney Connelly explained that council previously considered several annual amendments to the comprehensive plan, but this specific matter was continued to allow staff time to explore the viability of entering into a developer's agreement to condition the request for high density residential on the property immediately adjacent to the single family homes in the Shelley Lake development; he said staff has prepared an amendment to the zoning code which would allow such an agreement and which is consistent with the provisions of State Statutes. Mr. Connelly said that the City of Spokane has no ordinance but does recognize that this is a device which can be used under state law and they're proceeding without an ordinance change; that Spokane County does not have an ordinance but is interested in developing one. Another option he explained, would be to have a public hearing, which would be held by the legislative body and not the Hearing Examiner. Mr. Connelly said that the criteria are built into the document; and any appeal would be to the courts. Councilmember Wilhite said she would like to have some options included to give some flexibility, and Deputy Mayor Denenny agreed. There was council consensus for staff to move forward, that this will first go to the Planning Commission, and then come back to council as an interim ordinance. 6. Wastewater Interlocal Agreement — Mike Connelly City Attorney Connelly reported that Spokane County has requested that we enter into an interlocal agreement regarding both the construction of a new wastewater facility by the County, and the wastewater system operating within the City of Spokane Valley; he said the proposed interlocal was received last week from the County attorney, and he mentioned the last few pages of the materials include a letter from Barclays Capital regarding sewer revenue bonds, and an e-mail from Bruce Rawls to Jim Emacio regarding certain assumptions resulting in approximate impacts to rates. Mr. Connelly gave a brief summary on the issue, that the County has moved ahead with the construction and design of the wastewater treatment plant (WWTP), the County had asked for an interlocal to indicate Spokane Valley's support and that we would not go elsewhere; but Mr. Connelly said the agreements that were forwarded to staff for review did not answer some important questions; he said some of the issues concerned the City's options if the County could not provide treatment, and about the term of the Council Regular Meeting: 06 -30 -2009 Page 6 of 8 Approved by Council: 07 -28 -09 agreement to run with the initial bonds or if the bonds were re- negotiated or re -sold. Mr. Connelly said this was brought to a head last week when he got a call from the County's attorney that he'd be presenting this to the Board of County Commissioners the fact that their investment group told them if there was no agreement with us, it would have a negative bonding impact when it came to points and rates; adding that the bond issuance and this agreement envision using the River as the point of discharge; but if that changes to another alternative, we would need to enter into a new agreement. Mr. Connelly said he was promised a revised agreement would incorporate these conceptual changes, and said we are waiting review of this new agreement by our own bond counsel; and he said we may want to identify areas that are not clear and he asked Council to provide him with any other concerns so that he could report those back to the Commissioners. Mr. Connelly also explained that we are in a very unique situation as there are very few, if any, communities in a similar circumstance as generally other communities have a utility in place. Attorney Connelly also mentioned that this agreement precludes any contract with the City of Spokane for our existing or future sewer need as long as the county system can provide what we need, and said that is what the purchasers of the rate bonds are looking for; and said the lines belong to the system or the facility so they are Spokane County's lines and not ours. After further review of the draft agreement and some of the definitions, such as system, and ownership, Mr. Connelly said that section 2.5, the last sentence, that we need to clarify what those last paragraphs mean; that if the River discharge permit doesn't work and they need another $100 million option, we would not be bound by that and the agreement would have to be re- negotiated. Mr. Mercier mentioned page 5, section 2.7 that there is no mechanism that citizens of Spokane Valley can have input on rates, but only makes the process public; and the structure of the advisory board was discussed with having two members of the county and one of the City. Mayor Munson said we are responsible for 70% of the business and said he feels we need more than one vote out of three, and suggested a minimum of county and city as 50/50; or 3 to 2 in favor of our representatives as we have a higher client base. Citizen representation was also discussed and Councilmember Gothmann suggested we have two city representatives, and one Spokane Valley citizen appointed by Spokane Valley, and two from the County Commissioners for a five- member committee. Other issues mentioned included bonding for twenty -five years on a plant with a twenty -year life; that input in rates is significant; and Mr. Connelly said he told the County Commissioners we wanted both the lowest possible rates and the shortest possible bond term. Attorney Connelly said he intends to sit down with the county attorneys and express tonight's concerns; and come up with a re- negotiated agreement; that they anticipate selling bonds about July 22 or 23 and would want an agreement in place prior to that sale; so he will work for approval consideration not next week as he and Mr. Mercier will be gone, but the following Tuesday. Mr. Mercier also mentioned page 6, section 3.2 (e) and suggested adding some language if the County denies service based on insufficient capacity or if a moratorium is necessary if there is insufficient capacity, or even perhaps adding a definition of failure of an ongoing basis to cover various potentialities. Mr. Connelly said if the county can't provide service, we can go elsewhere or the agreement can terminate, and said he will work on the specific verbiage. Deputy Mayor Denenny asked to be excused and he left the meeting at 8:30 p.m. 7. Laptop Training — Greg Bingaman Mayor Munson explained that one of the goals of Council is to decrease paperwork; and the laptop has the potential to help us get rid of paper; and IT Specialist Bingaman also mentioned that we are moving toward that paperless council packet format; and he explained some of the nuisances of the computer tablet; and said that tonight is just an overview of some of the capabilities of the computer, and as we use it more, he can point out other items, and also said he is available any time any councilmember needs assistance. Council Regular Meeting: 06 -30 -2009 Page 7 of 8 Approved by Council: 07 -28 -09 INFORMATION ONLY: The Council Vacancy Procedure and Department Reports were for information only and were not reported or discussed. EXECUTIVE SESSION: N/A It was moved by Councilmember Wilhite, seconded and unanimously agreed to adjourn. The meeting adjourned at 9:01 p.m. ATTEST• w liristine Bainbridge, ity Clerk and Munso , rayor Council Regular Meeting: 06 -30 -2009 Page 8 of 8 Approved by Council: 07 -28 -09 How to make notes and annotation using a tablet PC when using adobe reader to view City Council Agenda 1. Navigate to www.spokanevalley.org 2. CLICK on City Council Agenda, the current agenda will open, with bookmarks to the support documents. If the book marks are not viewable, click on the bookmarks icon to open the bookmarks • [ ! 2 z R 40 3. You can now start reading the agenda and supporting documents. 4. If you would like to make a note or annotation you will need to save a copy of it. Click on the disk icon http:// www .spokanevalley.org/fuploadsfTh Tuesday, June 30, 2009 CALL TO ORDER: SPOKA SPE( Spokane Council Reyue,ts P /ensc INVOCATION: Pastor Jerry Sponsel !kV' 11.• a•••• ••• rw • V w ove • I.11ww A. I would create a folder in you're my document called Council Agendas with sub - folders with the meetings date. It's best to use the format of year, month, date ie. 2009 -06 -30 for sorting purposes. -3/51 5. Open the saved copy. If the Comments & Markup Toolbar is not visible, Click on View, then Toolbars » More Toolbars. 6. Put a checkmark next to the Comment & Markup Toolbar; you may also want to put a checkmark next to the Underline Text Tool & the Cross Out Text Tool, click OK, 1 More Tools ❑ _ j Geosp bal Location Tod 0 Comment & Markup Toobar sticky Note Text Edts 0 . Y. Stamp Tool 7J HghlgFit Text To Q ;J Underlie Text Tool Cross Out Text Tool ❑. �" Attache Fie as a Comment Li Record Audo Comment =n� Cabot Tod QC: Text Box Tod (DC) Cioud Tool El/ Mow Tool ❑� / Line Tool LID Rectangle Tod DO Oval Too ❑G Polygon Lone Too ❑Q Polygon Too y Pend Tod EV Pend Eraser Tool I Show I:1 Send Comments • Edit Toobar Soel Check OK I Cancel 1 s, 7. You can now start making notes and annotations. 411 - r •i i 41 `" / U 0 Show - a. Stamp tool b. Highlighter tool c. Underline tool d. cross out tool 8. When done, save your document. You will be prompted if you forget. CITY OF po an e Ualley June 30, 2009 Senator Bob McCaslin PO Box 40404 Olympia WA 98504 -0404 Dear Senator McCaslin: 11707 E. Sprague Ave. • Suite 106 • Spokane Valley, WA 99206 (509) 921 -1000 • Fax (509) 921 -1008 • cityhall @spokanevalley.org The City Council of Spokane Valley believes it is of the utmost importance our state legislative team be kept informed and engaged with what the Council is trying accomplish in the City of Spokane Valley. We want your input and recommendations on the various issues we are trying to deal with. In your personal case, we understand that you may find it awkward to participate, but we assure you we have no intention of entering into a political debate with you about these issues. We strongly believe that working with our State Legislators to solve common problems will lead to an outcome that will allow us to help make the City of Spokane Valley a better place to live. The issues I outlined in my earlier email were suggested topics that we believe will lead to a more productive dialogue that will achieve this goal. If you would prefer to discuss other topics that you believe will help us develop an agenda that will focus state efforts on the challenges we face, we will be happy to discuss them with you. Attached is the City's draft legislative agenda, which we will discuss on July 21, 2009. On behalf of the City Council, I am sending a similar letter to Representatives Shea and Crouse. We offer the following dates for your consideration: July 28 August 11 . August 18 August 25 September 15 September 29 Please reconsider your answer contained in your email of June 12, 2009. Respectful) Richard M. Munson, Mayor RMM /skp Enclosure: Draft of the City of Spokane Valley Legislative Agenda Distribution: City Council Dave Mercier, City Manager Chris Bainbridge, City Clerk S CITY OF po ane jUaliey June 30, 2009 Representation Matt Shea PO Box 40600 Olympia WA 98504 -0600 Dear Representative Shea: The City Council of Spokane Valley believes it is of the utmost importance our state legislative team be kept informed and engaged with what the Council is trying accomplish in the City of Spokane Valley. We want your input and recommendations on the various issues we are trying to deal with. We strongly believe that working with our State Legislators to solve common problems will lead to an outcome that will allow us to help make the City of Spokane Valley a better place to live. The issues I outlined in my earlier email were suggested topics that we believe will lead to a more productive dialogue that will achieve this goal. If you would prefer to discuss other topics that you believe will help us develop an agenda that will focus state efforts on the challenges we face, we will be happy to discuss them with you. Attached is the City's draft legislative agenda, which we will discuss on July 21, 2009. On behalf of the City Council, I am sending a similar letter to Representative Crouse and Senator McCaslin. We offer the following dates for your consideration: July 28 August 1 1 th August 18 August 25 September 15 September 29 Please let us know what dates will fit your schedule. Respectfutt Richard M. nsbn, Mayor RMM /skp Enclosure: City of Spokane Valley Legislative Agenda Distribution: City Council Dave Mercier, City Manager Chris Bainbridge, City Clerk 11707 E. Sprague Ave. • Suite 106 • Spokane Valley, WA 99206 (509) 921 -1000 • Fax (509) 921 -1008 • cityhall @spokanevalley.org Spok jUalley June 30, 2009 Representation Larry Crouse PO Box 40600 Olympia WA 98504-0600 Dear Representative Crouse: The City Council of Spokane Valley believes it is of the utmost importance our state legislative team be kept informed and engaged with what the Council is trying accomplish in the City of Spokane Valley. We want your input and recommendations on the various issues we are trying to deal with. We strongly believe that working with our State Legislators to solve common problems will lead to an outcome that will allow us to help make the City of Spokane Valley a better place to live. The issues I outlined in my earlier email were suggested topics that we believe will lead to a more productive dialogue that will achieve this goal. If you would prefer to discuss other topics that you believe will help us develop an agenda that will focus state efforts on the challenges we face, we will be happy to discuss them with you. Attached is the City's draft legislative agenda, which we will discuss on July 21, 2009. On behalf of the City Council, I am sending a similar letter to Representative Shea and Senator McCaslin. We offer the following dates for your consideration: July 28 August 11 August 18 August 25th September 15 September 29th Please let us know what dates will fit your schedule. Respectfully ichard M. Munson, Mayor RMM/skp Enclosure: City of Spokane Valley Legislative Agenda Distribution: City Council Dave Mercier, City Manager Chris Bainbridge, City Clerk 11707 E. Sprague Ave. • Suite 106 • Spokane Valley, WA 99206 (509) 921 -1000 • Fax (509) 921 -1008 • cityhall @spokanevafley.org Developing Session 2010 Priorities 1) Park Road Pool Land Acquisition • Apply for grants in the 2010 round by RCO • Reiterate $300,000 request in January 2010? 2) 911 Funding • Work with Mike Ryherd/AWC on plan for next year. 3) Street Utility Tai • Work with AWC for next year. 4) City Hall/City Center • Prepare for budget request 2010 Legislative • "Living" Building: Explore :ity Hall pilot prc ject option with CTED during the interim. 5) Research wholesale purchase of gasoline • During the interim, research whether other states have such a program._ 6) FractionalizedBilling • Spokane County 's isslung -an RFP for software capable of fractionalized bilking for inmates Spo aneo e Count y intends to implement such a system in anuary, there is =certainty y about it application to which classification of inmates. 7) Inte ® operability • A status report has been requested so that financial gaps can be identified. Spokane Valley Legislative Issues June IS, 2009 Issues to Monitor/Watch Closely 1) North Spokane Corridor — future funding? 2) Stormwater Funding ession? rt f INTERLOCAL COOPERATION AGREEMENT BETWEEN THE CITY OF SPOKANE VALLEY, WASHINGTON, AND SPOKANE COUNTY, WASHINGTON, REGARDING REGIONAL WASTEWATER MANAGEME. T THIS AGREEMENT is entered into on this day 0 , 2009, by and between the City of Spokane Valley and Spokane County. RECITALS Draft 6/30/2009 WHEREAS, Spokane County, a class A c o i s y duly or ganized and exist o wider and by virtue of the laws of the state of Washington (the `Co • ty" provides wastewater collection, handling, treatment, and disposal within the unincorporat e o areas of the Coun the City of Millwood, certain properties in the ity of Liberty Lak =, certain properties in the City of Spokane, and the City of Spokane Valley lae "City ") (all areas together, the "Region "); WHEREAS, the Region is faced ith'��'e'"'@us wastewater collection, management, treatment, and disposal issues, including an increasin capacity of the existing wastewater system in I tss ten five years, e of wastewater that will exceed the WHEREAS, the City an o County are vi ly concerned about the increasing volume of wastewater and desire construe , maintain an ` o crate a new water reclamation facility to properly treat, dispose and benefic l' y reuse the increasing volume of wastewater; AS, Ace City and County ha e worked together since the City's incorporation to develop and construct wastewater collection, treatment and disposal facilities; REAS, as a result of the City and County's efforts, the County has entered into an agreement VI CH2M HIL Constructors, Inc., to design, construct and operate the Spokane County Regiosi Water Reclamation Facility (the "Facility ") for wastewater treatment and production of reclai ed wate which will serve all persons within the Region; WHEREAS, the bunty will sell a significant amount of sewer revenue bonds to finance the design and construction of the Facility; WHEREAS, the City desires to support the financing, design, construction, and operation of the Facility in order to meet the wastewater needs within the boundaries of the City; WHEREAS, the City and the County are authorized by chapter 39.34 RCW to enter into agreements with each other for cooperative action, such as planning, construction, owning, financing, managing and operating wastewater facilities; WHEREAS, the aforementioned recitals are found to be true and correct findings of fact; and WHEREAS, the City and County hereby find and determine that this Agreement is mutually fair and advantageous to the City and County; NOW, THEREFORE, between the parties hereto, the City and County, IT IS HEREBY AGREED AS .FOLLOWS: Section 1.1. Purpose. As used in this Agreement, the following words, u nless the co . text otherwise dictates, have the following meanings: Agreement means this Interlocal Cooperate Agree�nt between the City and the County for the planning, construction, ownership, financing, cing, rna . agement and operation of the System. Annual Budget means the Systefil budget for a fiscal'' year as adopted or amended by the County. Charges means the fees, rates, and .charges charged to th Users and collected by the County with respect to the System, as the same are kerein detrerrnined or later modified. City means th Washington. Costs of Maintenance elation means the County's expenses for operation, maintenance, 'Walks and ordinary renewals replacements necessary for the operation of the System and 'ncludes, without limitation, administrative expenses, insurance premiums, legal and engineeg expenses, c® lting and technical expenses, payments to pension, retirement, health andOhospitalization funds, annual charges payable by the County pursuant to any licenses, permits, orders or other au t h orizatirns from any agency or regulatory body having lawful jurisdiction taxes (excl Wing discretionary taxes imposed on the System by the County), governmental clatrges and Idler expenses required to be paid by the County to the extent properly and directly attr'b�i. table to the operation of the System and costs of transfers or exchanges of the Co �tyy Bonds. Costs of Maintenance and Operation do not include debt service payments or anprovision for depreciation, amortization or similar charges, or any costs or expenses for new construction or reconstruction other than the costs of restoring any part of the System to be paid from Charges or any deposits into the County sewer fund. ARTICLE 1 DEFINITIONS pokane Val Washington, a code city of the state of Costs of the Facility means, with respect to any part of the Facility, the costs, expenses and liabilities paid or incurred or to be paid or incurred in connection with the planning, engineering, designing, acquiring, constructing, installing, operating, maintaining, financing or disposing of such part of the Facility, including all costs incurred in connecting the Facility to any interceptor pipelines, and the obtaining of all governmental approvals, certificates, permits and licenses with respect thereto, including, without limitation, the costs relating to any eminent --2-- domain or condemnation expenses incurred in connection with the Facility by the County, and debt service on any evidence of indebtedness of the County issued to finance any of the foregoing. Costs of the System means, with respect to any part of the System, the costs, expenses and liabilities paid or incurred or to be paid or incurred in connection with the planning, engineering, designing, acquiring, constructing, installing, operating, maintaining, financing, or disposal of such part of the System, and the obtaining of all governmental approvals, certificates, permits, and licenses with respect thereto, including without limitation, the costs relating to any eminent domain or condemnation expenses incurred in connection with the System by the County, and debt service on any evidence of indebtedness of the County iss ed to finance any of the foregoing. County means Spokane County, Washington, a clan s A county of the state of Washington. Region me boundaries of the City, the certain properties in. the City County Bonds means the "Spokane Couny ewer Revenue Bonds, Series 2®© °`" or such other designation as the County decides at the time of 'ssuan)t be issued to ance all or a portion of the Costs of the Facility. Facility means the Spokane Coitty Regional Water Rrc .amation Facility comprised of all property, real or personal, tangible or * ble, that is now owned or hereafter acquired by the County and is used or useful by the Co ty: connection i the transport of untreated wastewater generated within the Region fro he intercep or sewers to the treatment plant, (ii) in connection with the treatment of the wastewater a'ne generai®n of reclaimed water, and (iii) in connection with disposal of reclaimed water. as of the uninco orated area of the County together with the Millwood, certain properties in the City of Spokane, and toe ely on the System for wastewater service. System means I:. Facili and all sewage collection system, pumping stations, force mains, ' Q terceptors, sewer system pro : eies, real and personal, tangible and intangible, now existing, ®L . a ereafter acqu ed or constructed by the County, and which are used in connection with the Faeiltity for the purnoses of sewerage collection, transport, treatment, disposal, and reuse. For puses of this Atgireement, System does not include the sewer improvements located in the Northern port 'o of the County nor the County's share of its capacity in the Riverside Park Reclamation Facility. Users mean ailq persons, entities, or municipalities within the Region connected to the sewer system utilizing the System for collection, handling, treatment, disposal, and reuse of wastewater. ARTICLE II COOPERATIVE PROJECT Section 2.1. Purpose of this Article. The purpose of this Article is to set forth certain agreements between the City and the --3-- County relating to the use of the System for the collection, management, transport, handling, treatment, disposal and reuse of wastewater within the Region. Section 2.2. Cooperative Nature of the System. The City and County hereby recognize the regional nature of the challenges related to wastewater management, and the necessity of a regional solution. To achieve a beneficial regional solution to both the City and County, the City and County hereby declare their combined support of the planning, financing, construction, manag i g and operation of the System, all as more particularly described below. Section 2.3. Ownership of System. The System shall be owned and managed by the Coun Section 2.4. Financing. The County shall issue the County Bonds to County hereby agree and declare that sufficient revenues to properly pay the Costs of Maintenance and Operation and the County Bonds. Notwithstanding anything in this Agree i .ent to the contrary, the City shall not be responsible for paying principal of o ° o ite est on the Coun Bonds at any time. Section 2.5. Charges. (a) A er-c�'''e's�s ?ary element 3c achieving a regional wastewater solution is funding the cost of construction of the acility. Pursuant to this Agreement, the County, through the. �se o the S s gem, will provi � �e wastewater collection, handling, treatment, disposal and reuse se ices and collect Ch g"es within the Region. In recognition of the foregoing, the City ereb agrees that t e Gty will not create any competing sewer utility or csin oig system for the purposes of providing sewer services to Users within the City so long as the County : fonds are outstanding; provided, nothing herein shall prevent e City from pro ' ding alte ati ve'service to a New User (hereinafter defined) pursuant ® 'ection 3.2(d) or t rminatinng this Agreement pursuant to Section 3.2(e). e b) This agreement will not prevent the City and/or County from imposing weiii such fees, tility taxes and overhead charges on the Users to the extent authorized by law. Section 2.6. Charges and Budgets. finance he Facility. Th- City and the be generated thro gh the Charges :o pay the principal and interest on (a) The County shall prepare an Annual Budget for the System, taking into consideration comments from the Policy Advisory Board (hereinafter defined), at the same time the County prepares its general budget. (b) The Annual Budget for the System shall establish operating revenues, expenses, and reserves that are sufficient to meet the covenants in the resolution authorizing the County Bonds. (c) Charges for sewer service shall be uniform for the same class of service, - -4 -- provided that additional fees, taxes, or overhead charges may be imposed by the City within the City's borders or by the County within the unincorporated area of the County to the extent authorized by law. Section 2.7. Management. (a) The County shall operate the System and shall be responsible for making all operational and policy decisions. The County shall be responsible for all contract and non - contract employees of the System. The County may contract for any third -party to operate the System. (b) The City and County shall form a three e , ber Policy Advisory Board (the "Policy Advisory Board "), comprised of one Ci , e ected ep, esentative, one County Commissioner and the Utilities Director of the Coun . The ' kay and the County shall each appoint their representatives, who shall ss tout additional compensation. The purpose and function of the Policy AdviseT Board shall be to oreate a forum for discussion between the City and the Co k concernin the System and to c ate a body to which information concerning the System • I be i ,ov4ded. The Po icy Advisory Board shall have no independent decision -makin _ a , ority. The Policy Advisory Board shall review and make a recommendation on the A o� al Budget and proposed Charges, giving due consideration to all covenants in the resolu is authorizing the County Bonds. The County shall provide a statement o System income and ex o enses (Combined Annual Financial Report) to the Policy Adsory I3oard at the end of each fiscal year or on such other periodic basis agreed upon by t176: City and ` C ►ountr The Polio the draft annu members to re Advisory Board of the System. me n® t'ings. Ad� 4is® budget for v polic s �. ee t The ounty The failur- of the Poll validate this Agreement Board shal meet at least once each calendar year to review the System, or such other periodic basis agreed upon by the matters pertairlthto the System. Additionally, the Policy eview any proposal to change Charges applied to the Users an operational status report to be made at such A&visory Board to meet as provided in this section shall ARTICLE III MISCELLANEOUS Section 3.1. imendment of this Agreement. Amendment of this Agreement may be made only by written agreement of the City and the County. Section 3.2. Duration and Termination of this Agreement. (a) The System is a regional system for the collection, transport, treatment, management and disposal and reuse of wastewater and is to be operated pursuant to this Agreement. Neither the City nor the County may use the System to the exclusion of the other, except as otherwise provided in this Agreement. - -5 -- (b) This Agreement shall be in effect until the County Bonds have been paid in full or defeased. (c) This Agreement may be terminated early only by mutual agreement of the City and the County. (d) In the event a new User located within the boundaries of the City desires to connect to the System after the date of this Agreement and the System cannot provide sewerage collection, disposal, treatment and reuse services to such new User (such impacted User referred to as the "New User ") within a period of sii (6) months, the City may seek to provide sewerage collection, disposal, treatment and reuse services to the New User by whatever means the City desires; provided, nothing in this section shall invalidate this Agreement nor the rights and obliga ons of • arties hereunder with respect to the Users, imposition and collection of harg s and the County Bonds. (e) Notwithstanding the foregoing, in the event the Syste oo fails to provide sewerage collection, disposal, treatments . o euse services on an ongoing basis to the Users within the City, the City may termina - .;is pis Agree mi ent. For the purpose of this provision, the terminology "ongoing basis" MG-alts a basis other than a short term interruption of services which can be corrected by the County. The City shall give 120 days' written notice of its intenti® to terminate this Agree ent. The notice of intention shall set forth the basis upon whic , City believes that th- System is not providing services n an on-going basis. If he Co cures the alle ed interruption of services s o g g ..d p within such 120 day period, the notice of Nothing in his efforts to form a regional defeasance o retirement of any Section 3.4. a° e or authority breach of this remedies afforded Section 3.3. Regionalization of Wastewater Management hall be null and void. greeme t shall preclude e City and/or County from participating in wastewa (e utility, provided that such efforts address the assumption, Bonds. officer, employee agent or otherwise of the City or the County has the power, right, waive any of she conditions or provisions of this Agreement. No waiver of any eement shall be held to be a waiver of any other or subsequent breach. All this Aeement or at law shall be taken and construed as cumulative, that is, in addition to every other emedy provided herein or by law. Failure of the City or the County to enforce at any time any o the provisions of this Agreement, shall in no way be construed to be a waiver of such provisions, nor in any way affect the validity of this Agreement or any part hereof, or the right of the City and/or the County to hereafter enforce each and every such provision. Section 3.5. 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, limit or extend the scope or intent of the sections to which they appertain. Section 3.6. All Writings Contained Herein. This Agreement contains all of the terms and conditions agreed upon by the parties. No other understandings, oral or otherwise, regarding the subject matter of 's Agreement shall be deemed to exist or to bind any of the parties hereto. The parties ha • . eadand understand all of the provisions of this Agreement, and now state that no represe ►ation, promise, or agreement not expressed in this Agreement has been made to induce the .i"ies to execute the same. Section 3.7. Filing of this Agreement. The County shall file this Agreement wi he County Clerk, Com Auditor and Secretary of State, with a copy of such filings to r - C' .y Clerk. Section 3.8. Severability. In the event any provision of is Agreement shall be o Declared by a court of competent jurisdiction to be invalid, illegal, or unen o ceable, the validity, egiality and enforceability of the remaining provisions shall not, in any way, be a ected or impaired t ►hereby. Section 3.9. Effective Date. This Agreement All 111 11%me effective ediateler it is duly adopted by the City Council and the Board o Coun Co ssioners o the County. IN WITNESS each of the parties has executed this Agreement by their duly authorized officials. ATTEST: ATTEST: DATED as of this day of , 2009. SPOKANE COUNTY, WASHINGTON Daniela Erickson, Clerk of the Board of County Commissioners (SEAL) APPROVED AS T Jim EmaAo, Chie76119 Deputy cut Proseing Attorney Chris Bainbridge, City Clerk Todd Mielke, Chair Mark Richard, ice- hairman Bonnie Mager, Commission DATED as of this day of , 2009. CITY OF SPOKANE VALLEY Spokane County, Washington David R. Mercier, City Manager arnelf Chief Executive Officer thi BARCLAYS APITAL June 29, 2009 The Honorable Board of Commissioners Spokane County 1116 West Broadway Avenue Spokane, Washington 99260 Subject: Sewer Revenue Bonds Dear Honorable Commissioners: At the Commission meeting on Friday, you asked me to quantify the potential costs of a lack of inter -local agreement with the City of Spokane Valley. The cost could vary significantly in either direction depending upon the final facts, but since approximately two- thirds of the customers for this financing are within the City of Spokane Valley, we believe at least 50 basis points of added yield would be a reasonable assumption. Assuming a $140 million financing with 5 years of interest only and 20 years of principal amortization, 50 basis points would equate to approximately $13 million of interest over the life of the bonds. Please call me at (206) 344 -5881 if you have any further questions. Sincerely, Barclays Capital Inc. Sean Keatts Vice President Public Finance 701 Fifth Avenue, Suite 7101 Seattle, Washington 98104 -7016 (206) 344 -5881 Phone (212) 520 -0817 Fax sean.keatts@barclayscapital.com Original Message----- From: Rawls, Bruce Sent: Monday, June 29, 2009 11:41 AM To: Emacio, James Cc: ' sean .keatts @barclayscapital.com'; Farnell, Marshall; 'Angie Sanchez' Subject: RE: Spokane County /Valley letter requested by the Board Assumptions: $862,000 increase in annual debt service and coverage during first 5 years. 45,000 Equivalent Residential Units (2009) growing to about 50,000 ERU's by 2015 Approximate impact to rates: Increase to monthly rates would be approximately $1.50 per ERU. Thanks, Bruce Rawls Spokane County Utilities Director (509) 477 -3604