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2022, 06-07 Study Session AGENDA SPOKANE VALLEY CITY COUNCIL REGULAR MEETING STUDY SESSION Tuesday,June 7,2022 6:00 p.m. Remotely via ZOOM Meeting and In Person at 10210 E Sprague Avenue Council Requests Please Silence Your Cell Phones During Council Meeting NOTE: In response to Governor Inslee's announcement reopening Wa. under the "Washington Ready" plan, members of the public may attend Spokane Valley Council meetings in-person at City Hall at the address provided above,or via Zoom at the link below.Members of the public will be allowed to comment in-person or via Zoom as described below. Public comments will only be accepted for those items noted on the agenda as "public comment opportunity." If wishing to make a comment via Zoom, comments must be received by 4:00 pm the day of the meeting. Otherwise, comments will be taken in-person at the meeting in Council Chambers,as noted on the agenda below. • Sign up to Provide Oral Public Comment at the Meeting via Calling-In • Submit Written Public Comment Prior to the Meeting • Join the Zoom WEB Meeting CALL TO ORDER ROLL CALL APPROVAL OF AGENDA PROCLAMATION LGBTQ+Pride Month ACTION ITEM: 1.Mayoral Appointment,Citizen to HCDAC—Mayor Haley [public comment opportunity] NON-ACTION ITEMS: DISCUSSION LEADER SUBJECT/ACTIVITY GOAL 2. Erik Lamb Habitat for Humanity Discussion/Information 3.Adam Jackson Six-year Transportation Discussion/Information Improvement Program 4. John Bottelli,Kendall May Aquatics Update Discussion/Information 5. Jerremy Clark So. Barker Corridor Rate Studies Discussion/Information 6. Jerremy Clark Master Speed Limit Schedule Discussion/Information 7. Jerremy Clark,Chief Ellis Compression Brakes Discussion/Information 8. Erik Lamb, Chief Ellis, Law Enforcement Collective Discussion/Information Morgan Koudelka Bargaining Update 9. Cary Driskell Splashdown Update Discussion/Information 10. Cary Driskell,Tony Beattie Hearing Examiner Rules Update Discussion/Information 11.Mayor Haley Advance Agenda Discussion/Information 12.Mayor Haley Council Comments Discussion/Information 13. John Hohman City Manager Comments Discussion/Information ADJOURN Council Agenda June 7,2022 Page 1 of 1 SP'ITY okane Valley° ill rocta-natton City of Spokszne Valxey, Washington TANYE 9Ko ' WHEREAS, The City of Spokane Valley is a welcoming and compassionate community that celebrates and promotes diversity and inclusion, and recognizes the importance of equality and freedom; and WHEREAS, The City of Spokane Valley recognizes that our Nation was founded upon the principles that all people are created equal, and that each person has the right to life, liberty and the pursuit of happiness; and WHEREAS, The City of Spokane Valley is dedicated to fostering acceptance of all its residents and preventing discrimination and mistreatment based on sexual orientation or gender identity; and WHEREAS, The City of Spokane Valley is strengthened by and thrives upon the rich diversity of ethnic, cultural, racial, gender and sexual identities of its residents, all of which contribute to the vibrant character of our city; and WHEREAS, The City of Spokane Valley recognizes the importance and contributions of members of the Lesbian, Gay, Bisexual, Transgender, Queer/Questioning, Intersex, and Asexual/Ally (LGBTQIA) community; and WHEREAS, On the morning of June 28, 1969, lesbian, gay, bisexual and transgender persons rioted following a police raid on the Stonewall Inn, a gay bar in Greenwich Village; which riot and further protests were the impetus for organizing pride marches, including the first pride march held June 28, 1970 in New York City. NOW, THEREFORE, I,Pam Haley, Mayor of the City of Spokane Valley, on behalf of the Spokane Valley City Council and the citizens of the City of Spokane Valley, do hereby proclaim and recognize June, 2022 as Pride Month and I urge all residents to actively promote the principles of equality and liberty. Dated this 7th day of June, 2022. Pam Haley, Mayor CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: June 7,2022 Department Director Approval: ❑ Check all that apply: ❑ consent ❑ old business ® new business ❑ public hearing ❑information ❑ admin. report Spending legislation executive session AGENDA ITEM TITLE: Motion Consideration: Re-appointment Recommendation GOVERNING LEGISLATION: PREVIOUS COUNCIL ACTION TAKEN: Mr. Hormel was initially appointed to the Housing and Community Development Advisory Committee in 2013;he has remained on this committee and would like to continue to do so. BACKGROUND: Effective September 1,2021, as noted in the HCDAC bylaws, expiration dates for all representatives' terms were changed to expire June 30 of their current year of expiration. Mr. Hormel's expiration date is now June 30,2022 and he has submitted an application for re-appointment consideration. Staff placed notice of the upcoming opening on the City's webpage,and in the Spokane Valley News Herald and the Exchange.The deadline to submit an application was 4 pm May 31,2022. Mr.Hormel's application was the only application received. OPTIONS: Move to confirm the Mayoral appointment as noted; or take other action as deemed appropriate. RECOMMENDED ACTION OR MOTION:Move to confirm the Mayoral appointment of Tom Hormel to the Spokane County Housing and Community Development Advisory Committee for a three-year term pending official appointment by the Spokane County Board of Commissioners. BUDGET/FINANCIAL IMPACTS: n/a STAFF/COUNCIL CONTACT: Mayor Haley ATTACHMENTS Application for appointment RECEI Application Form for Committees/Boards/Commissions polzan' '' Return completed form to City Clerk: MAY 1 9 2022 ,ValleJ Spokane Valley City Hall City ',f4� k 10210 East Sprague Avenue Spokane Vall:,y ale Phone:509-720-5102 cbainbridge spokaneva e e City Sall ?U l ey [Note: To meet an application deadline, applications may be faxed or e-mailed. However, the Clerk's office will need an original, signed k application prior to appointment. One application per position please, DO NOT SUBMIT AN APPLICATION UNLESS THERE IS AN OPENING.OPENINGS ARE POSTED ON THE CITY'S WEBPAGE AND ADVERTISED IN THE LOCAL NEWSPAPERS. Call the City Clerk if you have questions.] I AM INTERESTED IN SERVING ON THE FOLLOWING COMMITTEE: [Check one box;note requirements] [ ]Planning Commission—Must be a Spokane Valley resident.(See chapter 18.10 SVMC) Terms are for three years,Applicants are selected without respect to political affiliations,and serve without compensation. [ ] Lodging Tax Advisory Committee(LTAC)-Need not be a Spokane Valley resident. (See chapter 3.20 SVMC) Terms are for one or two years.Committee consists of five members: One Councilmember;appointed by the Mayor,confirmed by the Council. Two who represent a business required to collect the tax(hotels,motels,etc.). Two involved in funded activities(such as a non-profit organization to increase tourism). Identify the business or organization you represent [X]Spokane County Housing and Community Development Advisory Committee(HCDAC) HCDAC includes two Spokane Valley residents;terms not to exceed three years. Spokane Valley appointment pending final approval by Spokane County Board of Commissioners. Spokane County Application and Supplemental Application also required. [ ] Spokane County Human Rights Task Force —Terms are for four years.Must be a resident of Spokane Valley. The Board currently meets 2"d Tuesday of each month,3:30 to 5:00 at Catholic Charities, 12 E 51h Spokane. [ ] Spokane Housing Authority(SHA)—regional committee,five members.Terms are five years. One individual directly assisted by the Authority,jointly appointed by Spokane Mayor,Spokane Valley Mayor,and Chair of Hoard of County Commissioners. Two individuals who work or reside within Spokane City limits. One individual who works or resides in unincorporated Spokane County. One individual who works or resides within Spokane Valley City limits. Check with the City Clerk concerning a vacancy on this committee. [ ]Tourism Promotion Area,Hotel Advisory Committee(aka Hotel/Motel Association)—Terms are for three years. Spokane Valley appoints two members,and one ex-officio(a member of Council). All nominees must be operators or employees of lodging business within Spokane County, [ ]Other: Name(please print): Tom Hormel Complete residence address: 18503 E Bow Ave Spokane Valley 99016 Street City Zip Code Complete mailing address(if different from above address): Length of time residing at current address: U.S. Citizen? p(]yes [ ]no WA State registered voter? [)(]yes [ ]no What is your preferred way for us to contact you: [Note:If yo:u have an unlisted phone number, or do not wish your e- mail address made public, do not include that information. Once this document is submitted to the City, it becomes subject to public disclosure.] [XD Home Phone: 509-879-1128 [ ]Work phone: [ ] Cell Phone: [ ] Other message phone: [)E-mail address: (please print clearly): Tom@TomsCastles.con7 [ ]Regular mail to residence or mailing address shown above EMPLOYMENT: (Please start with most recent) 1. DO present [ ] previous Name of employer: Self Employed as a REALTOR® Address: Phone: Position held: REALTOR® Dates of employment: April 1998-Present 2. [ ]present [ ] previous Name of employer: Address: Phone: Position held: Dates of employment: 3. [ ]present [ ] previous Name of employer: Address: Phone: Position held: Dates of employment: 4. [ ]present [ ] previous Name of employer: Address: Phone: Position held: Dates of employment: EDUCATION: Name of high school Lewis & Clark Address: 521 W 4th Ave, Spokane, WA 99204 Diploma or GED: [)(]yes [ ]no Trade school/college/university: Name of School Spokane Falls Community College Address: Diploma: [ ]yes [X]no Degree or certification earned: Trade school/college/university: Name of School Address: Diploma: [ ]yes [ ]no Degree or certification earned: Other relevant certifications/licenses: VOLUNTEER EXPERIENCE: Name of social,fraternal,organizations,etc. 1. [ ] current [X] previous March of Dimes 2. [ ] current [X] previous Eastern Washington Athletic association Board 3. [x] current [ ] previous F ppokane Association of RFAI TORSO Roam of Directors - 4. [XI current [ ] previous_Washington Association of REALTORS® Board of Directors XX National Association of REALTORS® Board of Directors PROFESSIONAL ORGANIZATIONS. Local,state,or national government boards,committees,or commissions on which you serve or have served. 1. [X] current [ ]previous Spokane County HCDAC current chair 2. [ ] current [ ]previous 3. [ ] current [ ]previous 4. [ ] current [ ]previous 5. [ ] current [ ]previous REASONS for applying for this committee commission,board: I have served on this committee for many years and believe it to be vitally important to the health of the City and County By signing this application, I certify under penalty of perjury of the laws of the State of Washington that all information is true and correct to the best of my knowledge and belief. I further state that my appointment would not represent a co;flict of i t or appe ce of a conflict of interest with the duties of this position. I understand thi .•• on is su J to d' osure rsuant to chapter 42.56 RCW. 03/18/2022 Sig+.ture Date Signed 1, d ., ii `I 'u So j ril Couiu" Board/Commission Membership Application 1116 W Broadway Ave, Spokane,WA 99260 HCDAC 3/18/2022 Board Applied For: Date: Tom Hormel 509-879-1128 509-879-1128 Name: Phone(h): (c): Address: 18503 E Bow Ave Spokane Valley WA 99016 Email Address: Tom@TomsCastles.com Current Employment Present Employer: Self Employed as a REALTOR® From: 1998 To: Duties/Responsibilities: I help people with their purchase or sale of real estate Please list or describe any relevant experience that you believe will assist your service on the board/commission for which you are applying; I have been serving on the HCDAC for many years and have chaired it on several occasions including this year. I feel I bring a different perspective as a REALTOR® and a self employed business person. Educational Background Please list the highest level of education achieved(including school name and certificate/diploma/degree received): HS Diploma Community Related Activities Please list and describe any community activities that you have participated in: I have been involved with Habitat for Humanity, as well as March of Dimes, Eastern Washington Athletic Association, I have served on my local state and National association of REALTORS® Previous Service On Board/Commission Please list current and past positions(s)held on City/County Boards, Committees,and/or Commissions: Board/Commission: HCDAC From: To: Board/Commission: From: To: Board/Commission: From: To: HCDAC What do you believe is the(Board Name) role in our community? It is an important as the committee has a role stewarding the HUD dollars placed in our care . Please explain why you wish to be a member of this Board/Commission: I have served on this committee for many years and believe it to be vitally important to the health of the County Tom Hormel 3/18/2022 Signature Date Please return completed application to: GINNA VASQUEZ 1116 W Broadway Ave Spokane,WA 99260 Email: GVASOUEZ@SPOKANECOUNTY.ORG Phone—(509)477—2265 Fax—(509)477—2274 Note: Spokane County operates under the Washington State Public Records Act (RCW 42.56). Information in this form may be released with proper request. ''pt" -,1i nn-FIA Spokane County WASH[N G T 9 N COMMUNITY SERVICES, HOUSING, AND COMMUNITY DEVELOPMENT DEPARTMENT Kathleen Torella, Director BOARD MEMBERSHIP SUPPLEMENTAL Board Applied For: HCDAC Applicant's Name: Tom Hormel How did you hear about the vacancy? Currently serving Were you referred to the board? U Yes 12 No If yes, by whom? Some boards have restrictions on membership if applicants are staff or board members of agencies contracted to provide services. Do you work for an agency or serve on the board of an agency contracted with Spokane County Community Services, Housing, and Community Development Department? ❑ Yes ® No If yes, please explain your affiliation: Do you or a family member have a financial interest in any Spokane County Community Services, Housing, and Community Development Department contracted service provider? ❑ Yes ® No if yes, please explain your/their affiliation: Thank you! Applicant's Signature www.spokanecounty.org/CSHCD 312 West 8th Avenue, Spokane, Washington 99204 509.477.5722 T 800.273.5864 1800.833.6384 Relay 1509.477.6827 F CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: June 7, 2022 Department Director Approval: Check all that apply: ❑ consent ❑ old business ❑ new business ❑ public hearing ❑ information ® admin. report ❑ pending legislation ❑ executive session AGENDA ITEM TITLE: Habitat for Humanity GOVERNING LEGISLATION: PREVIOUS COUNCIL ACTION TAKEN: BACKGROUND: Chief Executive Officer Michelle Girardot and Chief Operations Officer Eric Lyons will give a presentation on their new construction, rehab acquisition, and homeownership program. OPTIONS: RECOMMENDED ACTION OR MOTION: BUDGET/FINANCIAL IMPACTS: STAFF CONTACT: Deputy City Manager Erik Lamb ATTACHMENTS: 4 e n Partnering with Habitat for Humanity to increase affordable Homeownership .411 4i' ' Habitat 1 for Humanity° Spokane May 2022 Introductions & History We build strength, stability and self-reliance through shelter. Habitat for Humanity is a nonprofit organization that helps families build and improve places to411 call home. We believe affordable housing plays a critical role in strong and stable communities. 111 1�'� Habitat We build strength,stability and self-reliance through shelter. for Humanity Spokane Where and What does Habitat ifat Build? LJ LI Habitat has built single family units on spot 1{ i _ lots, 5-9 unit condominiums, and larger scale It r -m t A developments ranging from 50-120 units. - I i . Ili i Units are 1000-1300 sq.ft. 4. ' J n • New Construction: single y le family, � � � � "� � - - - triplex, multi-family. Currently building 70 units in Airway Heights, and 114 units in Deer Park, WA. „�,,.� • Rehab Acquisition: single family, duplex, currently in City of Spokane , , ' v Ti r • Habitat has built throughout Spokane County, serving over 400 families, 25 r '!"' �t � , v , , , served in the last 7 months. ` � �� 1 �- -Habitat for Humanity® We build strength,stability and self-reliance through shelter. Spokane 4 ,,.Pd Ei / o\ IIi ! _ k-, _ _ -7 I !iIUJ • — , — *--- Wiligl, —!mnj m 17 ❑ Pi 1 1 1 i An H ■I111111441111111 Imo o= ■ as err ©— dinn Rio al ��, la Mt !oo f I „in6 ��o 9 ��o. it �� upper floorAn RE • ■ �■ I A L livin9 ,_ - �L liv.n9_J �. vin9 .__. _'I A.LL./ �,� ems% ! w.� -�. _ _ — _-,rg11...._ .e41Am Yam\\off '� _ .qe+\�� u�� 9 1) i 11 r 11\ ? i ��y� ;4 11� house a house b house c house d house e, f one bedroom two bedroom three bedroom two bedroom four bedroom(three bedroom sim.) 'of neaea area 02'of nearee area a of Heated area uaa sf heated area tan-2.065 of heated area 3a'x 26'foofpnnl a2'x 2a'footpYlnt 52 2 26'footprint 52'x 28'batpriM 52'x 26'footprint /l�\ l l!' !■� I I1I:I a duplexed archiectsa — � -4. - - _ b. _---- _. _ I Nail m t 0110 .7 e • . ri abitat lik or Humanity Spokane 1v'e Habitat 1 We build strength,stability and self-reliance through shelter. 1 I for Humanity" Spokane 1/ " I Howdoes Habitat , _ , , ,: • • Habitat, ) f 1 Hwy b u I I d ? a _._t ' A 1 ILsookan� 4, — • Safe, decent energy .. ._.... _ 1 ��' � �— � -��Aii',� _ 7s,000 moss efficient and affordable - . , s ' r fi - a . s4 y a • Volunteers, Apprentices, - Future Homeowners Sponsors, & other Builders w 110 • With these partners, the average Habitat home can be built and sold between Huila women $ 190K-$290K depending r , t,t ,, ro �� , r i . t,o,0e p g _ � r on bedroom size IP A, q �'� Habitat We build strength,stability and self-reliance through shelter. w I_ 1 for Humanity" Spokane — -- How does Habitat Homeownership Work? 111 • • Partnership with qualified buyers s earning below 80% AMI that meet need, P ç ability to pay and willingness to partnerI ..r.N _ 250 hours of `sweat equity'. �� - s it . ii • In return, Habitat provides safe, decent • JD -- t 4! ! -. 1 and permanently affordable homes, a111 access to DPA/Subsidy, long term , ;; , -' stewardship. l' s' home is • Homebuyer family generates equity, '� building strength and stability for the key generations. — I olr for Humanit Habitat We build strength,stability and self-reliance through shelter. Spokane y Acquisition Rehab :• Economic Impact r .., [ i . ,. .. _ :,. , ,,, _ , ,,, ,„lrr, 1.41Wr, ---_,.. , _„_ _ __;., =_ ..,,, , s r _ Affordable r: ,,:, , :" ' `'''_ _ r ...,„. ,ArAti. 1w Homeownership ., through Revitalizing „. fi;- . 4 West Central Spokane �x,„„,,,, , ,,.. ,„., , -�. .,,,,,,,, _ Har ,, - .._ ,.,_. , ;I , , , _ - - i - , .. nnW ; ill I iiiotiiiiii ii • ���1— " r `,. . w Habitat" We bu111.1 for Humanity ild strength,stability and self-reliance through shelter. '' ' i • Spokane s 1 Financing affordable homeownership tr - 110 Habitat utilizes Housing Trust s it ,,,, ,.. ,, Fund CDBG FHLB and °�' ' ...... - Habitat is - d - iiviewim AP---4 private donor dollars on top s►= = of the first mortgage a , Janessa's Habitat familyqualifies for. r : y "°u - 0 � - , viimai ' - l iI, The partnership has resulted �` ‘ \,,,:. p p in 12 revitalized homes in __ West Central over the last 24 months. r Habitat We build strength,stability and self-reliance through shelter 1 . for Humanity Spokane Program Process Discussion Rehab Acq • Capital Stack/Predevelopment: what funding sources are available for both home builder and homebuyer to pencil out the project? • Acquisition • Scope of Work 411 • Construction Schedule • Inspections and Certificates of Occupancy • Closing timeline and financing package • Close on home Habitat We build strength,stability and self-reliance through shelter. for Humanity Spokane 1 �" 7 mil � ` P�� We saw the Habitat PITY nec I ,Asir I l _ i 1f ri ,e*1 homes getting fixed a = i up and we decided _ to fix our home up =7 too. It helped our . 1 property values ■ tiii. —West Mallon Neighbor �, j� _ , i , ......_,-----.------. 61... - _ , . a - 2 1 I was scared living ;7. Frc �' SOLD r + S R-a " a ev�telFfed .,,�.y. 1 next to zombie homes. My kids can ��_ FarahsHome 4 play outside, and I �, , �_ _ . ..._. . i e s don 't have to worry a anymore. _ f V yY •__� —West Central Resident _ of-° ',_ • Questions ? 0 0 0 4111 Or Habitat We build strength,stability and self-reliance through shelter. for Humanity Spokane CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: June 7, 2022 Department Director Approval: Check all that apply: ❑ consent ❑ old business ❑ new business ❑ public hearing ❑ information ® admin. report ❑ pending legislation ❑ executive session AGENDA ITEM TITLE: Draft 2023-2028 Six-Year Transportation Improvement Program (TIP) GOVERNING LEGISLATION: RCW 35.77.010, Perpetual advanced six-year plans for coordinated transportation program expenditures. PREVIOUS COUNCIL ACTION TAKEN: Annual adoption of the TIP and its amendments. BACKGROUND: The TIP is composed of transportation projects intended to be implemented in the next six years that address the transportation needs within the City of Spokane Valley. The City is required by RCW 35.77.010 to prepare and, after holding a public hearing, adopt a comprehensive transportation program for the ensuing six calendar years. This plan must be submitted to the Washington State Department of Transportation by June 30th of each year. OPTIONS: Discussion RECOMMENDED ACTION OR MOTION: None at this time. The public hearing for this TIP is scheduled for June 14, 2022, along with a resolution to adopt the TIP, for Council's consideration. BUDGET/FINANCIAL IMPACTS: The required City match on federal and state funded projects is typically between 10% and 20%. The delivery of the proposed projects generally relies on outside funding support. Staff regularly review the projected Real Estate Excise Tax (REET) fund balances through the planned years to determine if there are sufficient funds to satisfy the City's fiscal responsibility for projects. STAFF CONTACT: Adam Jackson, P.E. — Planning & Grants Engineer ATTACHMENTS: PowerPoint Presentation Draft Resolution 22-010 Draft 2023-2028 Six-Year TIP Report 2023-2028 Six-Year Transportation Improvement Program (TIP) June 7, 2022 Adam Jackson, P.E. - Planning & Grants Engineer .0000Malley- Transportation Improvement Program ____ K e 2023 - 2028 Six Year Purpose: ��Va1ley� Transportation Improvement Program (TIP) Required by RCW 35.77.010 _ _ Must be referenced in Comp Plan =� _ = 4 _ Required for REET expenditures� r i t .. :� e k -� Required for grant eligibility r The Program (66 Total Projects) An integrated approach that aligns: r , ________ .r Master plans and studies, - ` �_ ` ` Upcoming redevelopment projects, .. Economic development efforts, Land use changes, _% Stormwater projects, projects Capital bypartner agencies. - p ,g 2023 Closeout Projects (8 Projects) 1. Sprague/Barker Intersection F 2. Citywide Reflective Post Panels (2020) m -- .•-�•�' 3. Sullivan/Wellesley Intersection , 4. Sprague Preservation (Havana-Fancher) 5. Wilbur Rd. Sidewalk (Boone-Mission) 6. Barker/BNSF GSP 7. Buckeye Sewer Extension 7 8. Mission Ave. Bridge Resurfacing -. 1 1' 11-1-1 T ' 4 4 .sue --_�s -i?-.-,� y'' S I e F 1 t� II I '-I �.` - s.,a:.,mr, r: .C. - • ^ 1,-� (. 1 IL $' �.t e_I_ 1 Ck 1 i'ti • TT`-I Imo. I l ,- . #-,, ,♦ - :- �,•�" `",`I (. I-'-- . �}:'�,�- Imo.� "� �i k 1�—�- � I rt �1.�1.^- I:, I ��- IT; .�� �^—� • ��_ I � l{�,i�I'" -^fi. �` r _j �-�_ -_,�� Irk I �`�`j.i ' i 1--. 11-.-f"- - .+-..I u = y -y:. } -r V�.-- F- Ih---4 �_." 1 - yr"ei F'_`• S 3 i�i4 4 1 1 tr ,i , } 1 '1 • 1 -[ ' I :i 17 I F i1 I -f P __. I I _ '��J_I. —iL�. 1 _- 1 t-- Et ( 1. j M f d Jam. .. -- Y —r�rt�- -'T-^i- L t .ce } 4 ram--� �— _ Igril° • w -i-- ._ i �,'::ZI t ,•:s..c-'8,. t I Irc { .. r* .r.. i. i ..ti I.... .I 1+ 1 w4y ti 1 NI N Bridge & Grade Separation Projects (3 Projects) 25. Pines Rd. (SR27)/ BNSF Grade Separation Project �MI' ..,I wan' _ . . . 27. Sullivan Rd./ SR 290 Interchange Reconstruction , F-, ` 53. Argonne Rd. & 190 Interchange Bridge Widening • T MP, - ' - _. ,, �. 11-mow.,,... ; 15,E `� T II l •.-_ pry, � R` ` _ . I•• . 4 - �' <„ ' ! T . C • 1, --• Y . p."•. .. `- - .:. T YiYd{�IC �Yn f�a •.° y%{ YY.Y` '� -., I�r "III ... a ,,5 I'll. H.I 17 _...,_` _ ` �!• • Ids a 1." 1 53 [� 9�x� <I t ml I �`' y `' ��i v - Y -.-. _ Flo .� -.t s'..�; �j , -1 d im•® .- poor ,- ,-.d rr i. w � Jam` ! � - 1II • - I -- • • Ansiii, ...... ..4,... F { . • 5 (15 Projects)I ntersection Improvement Projects L-7 __,-----------1 .1,----------- 10. Pines/Mission 45. Park/Mission 55. Barker/Boone 19. 2022 CSP Improv. 46. Flora/Trent 57. Pines/4th 28. Barker at 4th & 8th 47. Barker/Cataldo 58. Sullivan/Kiernan . 199 58 46 I I 39. 8th/Carnahan 49. Pines/16th 59. Sullivan/Marietta 40. Mirabeau/Mansfield 54. 8th/Park 65. Sprague/Pines , I 59 _ ., ,if ,;„ Ai'. •'. '' . '• i • •,;„ ' ,,..-sk„,4 rir•• r 6'1+7:17, - "-', -- iirArtar' '- 0.... -4,``"-. -I ', 0, -I A r% 19 ,..i. ,ti,...; .L1',---.-..-- A ....ai , . „1 ;, , 1 ••— „ 1 ki.'4. ' - •- . Xi _,.,1 •• LIU ...t, , .''-.,-•.,,=,-.14. 1it---J 4A1.3I' .1. ii.. 111_M 1.1M111I 11i711 47 . 55''' ----v. '' ' IY441-44gWietit.fifim' - IN - K., 14:*ir------ 4 • ' .•,'' 1j--- I L r-7,gi , . -, 7 r T-71 I . L-- -- a .--1 • ,104 ' _ . .., III 49. ..._, ..,- 19• w „ F.,, • ...,.,., -.:- . - ' ..... . z . '.c a.. '4 .. : '' `, '- -,, .f:T'1_ N01. 1 r.. 111-,. diirr t I Y- v .- " I 4 1 .2, n- 7-;_:.,. :`,- i ili. .=,.., 4. .* _jr te 57* .-1 1 - MilL-17.e. • 'firv !wr 28 - ' .1 I a e - ' al'iliam III ; + 39 544k . . , sak.,- ,, ..,(Li., NE , M , j --r- t,,--r.:--;, ''.. ....,. : -..„.. Nv.; L, - • me ntars.., -1,. , NE)m --. . . 7- 1 i :..1 r- I ,J, .. 1 .._ , _,.... \ lirummi— le I criiiMin 10 ot Ama - -' 1 I i A,-----•''' -2., 41.4V ;A,-Lc77 r--7-4-' -,... ; E , ,:.,.*: ., ' ''''", ''-'''' I I -4'il \r''--1: dailiallit,-4,..,„A . -• 1 ' ; ' - INN -._k„, I '' Ni ' Y'''''''''''fl ''''' - ) ''''')6( ' ' I l'f.—.1 % .- S t :1,_..•WWI* ni.' .. .,-N..i''...,1,P,,, _.717'-: :'..,,,:t. L IS - t -' "'..'". .'1', 1..", ..4'5',: ,..,-,. _,_ III '---r miarg. ...,:-.4-,...T- , ,,: ..,, „,, ';''' InTe I %. ..' 1.11111plientileR*91/.1 • ' =WM Reconstruction/Preservation Projects (29 Projects) 9. Barker Rd. at Union Pacific Crossing 50. Barker Rd. - Mission to Interstate 90 11. Broadway Ave. Preservation - Fancher to Park 51. 8th Ave. Preservation - Havana to Park 12. Sullivan Rd. Preservation - Sprague to 8th 56. Broadway Ave. Improvements - Flora to Barker 14. 2022 Local Access (Summerfield East) 60. Boone Ave. Reconstruction - Flora to Barker ^ --. 48 ��E; 16. 2023 Local Access (Donwood Neighborhood) 61. Flora Rd. Reconstruction - Sprague-Montgomery 14 63 17. Northeast Industrial Sewer Extension 62. Euclid Ave. Preservation - Barker to E. City Limit 17 16 20. Barker Road Corridor Design Phase 63. Sullivan Rd. Improvements - Trent to Wellesley 62 21. Sprague Ave. Safety Improvements `, 42 9 27 23. Sullivan Rd. Preservation 8th to 16th __ 33 24. Broadway Ave. Preservation - Havana to Fancher 60 29. Barker Rd. Improvement- Appleway to City Limit r2 11 61 50"`' 33. Argonne Rd. Concrete Pave. - Indiana to Knox 43 21 5641 34. 8th Ave. Preservation - Progress to Sullivan 29 35. South Bowdish Rd. - Phased Corridor Improvements 51 � �,,,--,, 12 36. Sullivan Rd Preservation - 16th Ave. to 24th Ave. ' 34 20 37. Dishman-Mica Rd. Pres. - Schafer to S. City Limit r; ti�` 23 ,1 38. Vera Crest + Rocky Ridge Street Reconstruction -«,�'-" :, 36 41. Barker Rd. Improvements - Appleway to 190 38 \ 35 42. Flora Rd. Reconstruction - Euclid to Garland _`, 44 38 43. Park Rd. Preservation - Sprague to Trent C ' +44. 32nd Ave. Preservation - Pines to SR 27 rj `' 48. Wellesley Ave. Preservation - Sullivan to Flora ,-_. 37 - Citywide Projects— (4 Projects) • 15. Pedestrian & Bicycle Safety Analysis , 430 1 30. Citywide Safety Projects - Biennial 31. Local Access Street lmprov. - $1.5M Annually .-r- 11 ____,S. • 1 l 32. Street Preservation Projects - $3M Annually . ,... , ,....1 ) ,A 3r, 1. , - .--°"',. — 15 City of Spokane Vallev _ I. I.•••.... 1 , ' ... 7 );:iP 1..”.., - . Local Road Saletv Plan '-..-". r ,__ •, ...il• I; ..._1 -- _ Crash Data Time Period;2a14-2D18 • 1 Legeru - • . . . -11, - • q.07 . ., _ ,, . I --. , . ,....„ff_ ... .... ] 0 ate:Mutt 2,2tell • 1 1 '--' j''4 '1 I -.' - Sa Sa ...a=',S. t•Ltd...de-4d t.MA Stt•ttat.StiteAtt,cietntive.itlrd Mil . , ..- ._ ---..._ , i , ... , ...., - - 7f, - _,. .• , ,i..---. .. ' ,- 1 I .--/- ,-: '''• — — — - - • '.- _, ---- .. 5.,...4.F.J.ontli..........•tun,[h.W...,tirl et h Si...fixt.,••••••,,t TrAn.p.alliCiNii'd'ha FHWA to.rerxit kfario PrIsja r.te...rt.in& If:1:13121 1 1"--1-1 , t_ I • ..\ z z l't. • . -i . I s....,....144,kW.....'•••wt.*.t 0.n t to.1.1 ...•,... • ‘. ‘311"04 . ttltper..,••....• ANIL _-.. I ;.''.•:1 . ifT0 WSDOT • ;=" _.,':. soiikane -..... ..2. . 11 3500 7.000 19000 21000 Feet.-1. . . ... .:1.i : • .ir,-,-i i. •.-i Ungend .0...Valley. ..... . , 1 : P DT r' Cat -.• 8 Sidewalk, Trail , and Stormwater Projects (7 Projects) t ,mr � - ♦.�R 66 J 1 t 1 ti 64 I 2: ........- ._4_,.. _ fr• . ___. __ 4 .. 26 s L.A..aa IR t 0- i,A6.; �".i •���_ I �ma I � k I.. ! r��"�L IP—P a t 1. 1 F • .. a a- � ,'"i _ � ', ilk 'R h 0�-7` � �y� II� -�. , � � ..I I�_� �_ iTrilii � ,,_ �`,,L ,J_J_� 1.�.k® 1 . RAF@'"'. ! t f i '��— � 7 ' 1 re 41..r os ki ' ___ 1 i r, - 13. Sprague Ave. Stormwater Improvements 18 a, 18. 8th Ave. Sidewalk (Park-Coleman) +! �# L �'` 22. S. Bowdish Sidewalks (12th-22nd) 26. Spokane Valley - River Loop Trail 22 52. Appleway Trail - Farr to Dishman Mica 64. Spokane Valley - Millwood Trail 66. N. Sullivan Pedestrian & Bicycle Improvements Questions? • '� 1 1-1 ---=1 r I r1.1 T1--- _ 1 `�. �.. ‘541411111 1 ..rS I l I 1 I • r. r t. ET11 0 11 1� 1 F 1 _ t 1 . t 1 1 1E' I 1 1 1 `J 1 1 1 r 1-- r 1 ll'_ J ...1. t J a 10 'I a DRAFT CITY OF SPOKANE VALLEY SPOKANE COUNTY,WASHINGTON RESOLUTION 22-010 A RESOLUTION OF THE CITY OF SPOKANE VALLEY, SPOKANE COUNTY, WASHINGTON, ADOPTING THE 2023-2028 TRANSPORTATION IMPROVEMENT PROGRAM FOR THE CITY OF SPOKANE VALLEY, AND OTHER MATTERS RELATING THERETO. WHEREAS, to provide for the proper and necessary development of the street system within the City of Spokane Valley,the City shall,pursuant to RCW 35.77.010,develop and adopt annually a Six-Year Transportation Improvement Program (Six-Year TIP) with such program acting as a guide for the coordinated development of the City's transportation system; and WHEREAS,the Six-Year TIP of the City shall specifically set forth those projects and programs of both City and regional significance that benefit the transportation system and promote public safety and efficient vehicle movements; and WHEREAS, the Six-Year TIP shall be consistent with the City's Comprehensive Plan and be adopted following one or more public hearings before the City Council; and WHEREAS, a draft copy of the Six-Year TIP was submitted to the Washington State Department of Commerce and has been reviewed and approved prior to the scheduled adoption of the TIP in accordance with RCW 36.70A.106; and WHEREAS, following adoption of the Six-Year TIP, the City will forward a copy to the Washington State Secretary of Transportation; and WHEREAS, the City Council conducted a public hearing on June 14, 2022, for the purpose of inviting and receiving public comment on the proposed Six-Year TIP. NOW THEREFORE,be it resolved by the City Council of the City of Spokane Valley, Spokane County,Washington,as follows: Section 1. The City Council hereby adopts the attached Six-Year TIP for the City of Spokane Valley for the purpose of guiding the design, development and construction of local and regional transportation improvements for the years 2023 through 2028. The City Clerk is directed to file the 2023- 2028 Six-Year TIP with the Washington State Secretary of Transportation before June 30, 2022. The Six- Year TIP shall be reviewed at least annually for the purpose of determining the work to be accomplished under the program and the City's transportation requirements. Projects and timeframes identified in the Six-Year TIP are to be considered estimates only that may change due to a variety of circumstances,and are not intended by the City to be relied upon by property owners or developers in making development decisions. In the event a railroad ceases to use rail right-of-way within the City, the City will utilize all reasonable options available under state or federal law to preserve the right-of-way for future rail purposes pursuant to RCW 35.77.010(3), Section 2. Effective Date. This Resolution shall be in full force and effect upon adoption. Adopted this 14 day of June,2022. Resolution 22-010,Adopting Six-Year TIP DRAFT ATTEST: City of Spokane Valley Christine Bainbridge,City Clerk Pam Haley,Mayor Approved as to Form: Office of the City Attorney Resolution 22-010,Adopting Six-Year TIP 2023 - 2028 Six Year Spokane Transportation Improvement Program (TIP) Valley® g ti +� 1 i i��iisaiskill.J r a - _ 1Oa ' .i _ 7 !� x AIVIS A! f - - - If ,I1�IF- •��-�,�..1• _ _$ v. ' Wit. c S f 1 7 a'�. - -^ Mg• - - --- ��� City of Spokane Valley Community & Public Works Department 2023-2028 Transportation Improvement Program (TIP) Spolane 45Valley Glossary & Abbreviations Project Phases: Funding Sources: • PE Preliminary Engineering • City City Funds • RW Right-of-Way • CDBG Community Development Block Grant • CN Construction • CMAQ Congestion Management/Air Quality • COM Washington Department of Commerce • DEV Private Developer Funds • FHWA Federal Highway Administration • FMSIB Freight Mobility Strategic Investment Board • FTA Federal Transit Authority • HSIP Highway Safety Improvement Program • NHFP National Highway Freight Program • Other Misc. Unidentified Funding Sources • RCO Washington State Recreation Conservation Office • REET Real Estate Excise Tax • RR Railroad • SRTS Safe Routes to School • SW City Stormwater Funds • STA Spokane Transit Authority • STBG Surface Transportation Block Grant • STBG-SA Surface Transportation Block Grant—Set Aside • TIB Transportation Improvement Board • WAL Washington Legislature • WSDOT Washington Department of Transportation €,T, 2023- 2028 Spokane Six-Year Transportation Improvement Program ValleyDollars in Thousands Funding Project/Description/Current Status/Length Total Sources 2023 2024 2025 2026 2027 2028 Total 1 Sprague Ave. / Barker Rd. Intersection Improvement 40 City CMAQ 2 2 Description: DEV Provide new roundabout and sidewalks and bike accommodations. HSIP 38 38 Status: Funding Status: Secured PE 0 2022 CN,2023 Closeout Secured RW 0 Length (miles) Intersection Secured CN 40 40 Total 40 40 2 Citywide Reflective Post Panels (2020) 3 HSIP 3 3 City Description: Installation of reflective post panels to stop signs and speed limit signs on select streets. Status: Funding Status: Secured PE 0 2022 CN,2023 Closeout RW 0 Length (miles) 0 Secured CN 3 3 Total 3 3 3 Sullivan Rd. /Wellesley Ave. Intersection Improvement 40 City 3 3 CMAQ 17 17 Description: Spo.Co. 20 20 Traffic signal and intersection improvement project,partnership with Spokane County. Status: Funding Status: Secured PE 0 2022 CN,2023 Closeout Secured RW 0 Length (miles) Intersection Secured CN 40 40 Total 40 40 Projects and timeframes identified in the TIP are to be considered estimates only that may change due to a variety of circumstances. 5/31/2022 Page 1 c ,,�„ 2023- 2028 S'pokane Six-Year Transportation Improvement Program .0000 Valley Dollars in Thousands Funding Project/Description/Current Status/Length Total Sources 2023 2024 2025 2026 2027 2028 Total 4 Sprague Preservation - Havana to Fancher 45 City 25 25 STP 20 20 Description: Pavement Preservation with signal,sidewalk and ITS improvements as needed. Status: Funding Status: Secured PE 0 2022 CN,2023 Closeout RW 0 Length (miles) 1 Secured CN 45 45 Total 45 45 5 Wilbur Rd. Sidewalk- Boone to Mission 14 City 3 3 STBG-SA 11 11 Description: Install sidewalk from Boone to Mission on one side of road,including pavement preservation. Status: Funding Status: Secured PE 0 2021 PE,2022 CN.2023 Closeout Secured RW 0 Length (miles) 0.3 Secured CN 14 14 Total 14 14 6 Barker Rd. / BNSF Grade Separation Project 1,900 City 328 328 NHFP 542 542 Description: TIGER 551 551 Construct Grade Separation at Barker/BNSF RR/Trent(SR290). FMSIB 452 452 WAL Other 27 27 Status: Funding Status: Secured PE 0 WSDOT administers CN 2021-2022,2023 Closeout. Secured RW 0 Length (miles) Intersection Secured CN 1,900 1,900 Total 1,900 1,900 Projects and timeframes identified in the TIP are to be considered estimates only that may change due to a variety of circumstances. 5/31/2022 Page 2 c ,,�„ 2023- 2028 S'pokane Six-Year Transportation Improvement Program valley Dollars in Thousands Funding Project/Description/Current Status/Length Total Sources 2023 2024 2025 2026 2027 2028 Total 7 Buckeye Sewer Extension 15 City 15 15 Description: Street reconstruction and sewer extension project with Spokane County (McMillan to City Limit) Status: Funding Status: Secured PE 0 2022 CN,2023 Closeout RW 0 Length (miles) 0 Secured CN 15 15 Total 15 15 8 Mission Ave. Bridge Resurfacing 242 City Other Fed 237 5 242 Description: Surface preservation of concrete bridge deck over Evergreen Road. Status: Funding Status: Secured PE 2 3 2022 PE,2023 CN,2024 Closeout RW 0 Length (miles) 0.0 Secured CN 235 5 240 Total 237 5 242 9 Barker Rd. at Union Pacific Crossing 1,299 City 752 15 767 FMSIB 261 5 266 Description: STBG 102 2 104 Reconstruct and widen to 3-lane urban section between Euclid intersection HSIP 159 3 162 legs and install shared-use path from river to Trent. Status: Funding Status: Secured PE 0 2022 PE+ RW,2023 CN,2024 Closeout Secured RW 0 Length (miles) 0 Secured CN 1,274 26 1,300 Total 1,274 25 1,299 Projects and timeframes identified in the TIP are to be considered estimates only that may change due to a variety of circumstances. 5/31/2022 Page 3 c,,,O„ 2023- 2028 Spokane Six-Year Transportation Improvement Program .0000 valley Dollars in Thousands Funding Project/Description/Current Status/Length Total Sources 2023 2024 2025 2026 2027 2028 Total 10 Pines Rd. /Mission Ave. Intersection Improvement 1,612 City 214 4 218 CMAQ 1,366 28 1,394 Description: Signal and channelization upgrades to improve capacity and additional turn lane on southbound Pines. Status: Funding Status: Secured PE 0 2023 CN,2024 Closeout Secured RW 0 Length (miles) Intersection Secured CN 1,580 32 1,612 Total 1,580 32 1,612 11 Broadway Preservation- Fancher to Park 1,660 City 813 17 830 STP 813 17 830 Description: Pavement preservation project. Status: Funding Status: Secured PE 0 2023 CN,2024 Closeout RW 0 Length (miles) 1 Secured CN 1,627 33 1,660 Total 1,626 34 1,660 12 Sullivan Rd. Improvements-Sprague to 8th 2,734 City 503 10 513 Other Fed 1,009 21 1,030 Description: TIB 1,167 24 1,191 Pavement rehabilitation with signal and concrete improvements at 4th, ITS, sidewalks and stormwater improvements as necessary. Status: Funding Status: Secured PE 0 2023 CN.2024 Closeout. Secured RW 0 Length (miles) 0.3 Secured CN 2,679 55 2,734 Total 2,679 55 2,734 Projects and timeframes identified in the TIP are to be considered estimates only that may change due to a variety of circumstances. 5/31/2022 Page 4 c, r or 2023- 2028 jl��rie Six-Year Transportation Improvement Program 4.00 Valley Dollars in Thousands Funding Project/Description/Current Status/Length Total Sources 2023 2024 2025 2026 2027 2028 Total 13 Sprague Ave. Stormwater Improvements 1,902 Other State 1,398 28 1,426 City 466 10 476 Description: Drywell retrofits between University and Park. Funded by Dept.of Ecology. Status: Funding Status: Secured PE 2 2 In Design RW 0 Length (miles) 2 Secured CN 1,862 38 1,900 Total 1,864 38 1,902 14 2022 Local Access Streets (Summerfield East) 1,300 City 1,274 26 1,300 Description: Street reconstruction with sidewalk and stormwater upgrades as needed. Status: Funding Status: Secured PE 0 2022 CN delayed to 2023 due to bid climate.2023 CN,2024 Closeout RW 0 Length (miles) 0 Secured CN 1,274 26 1,300 Total 1,274 26 1,300 15 Pedestrian &Bicycle Safety Analysis 150 City 75 75 150 Description: Evaluate crash history of vehicle versus pedestrian/bicyclists on City streets,as identified in the 2020 Local Road Safety Plan. Status: Funding Status: Planned PE 75 75 150 PE only.May be staff-led with support from consultant team. Sprague, SR RW 0 27,and Sullivan have majority of severe pedestrian crashes. Length (miles) 0 CN 0 Total 75 75 150 Projects and timeframes identified in the TIP are to be considered estimates only that may change due to a variety of circumstances. 5/31/2022 Page 5 c,r,or 2023- 2028 jl��rie Six-Year Transportation Improvement Program 4.00 Valley Dollars in Thousands Funding Project/Description/Current Status/Length Total Sources 2023 2024 2025 2026 2027 2028 Total 16 2023 Local Access Streets (Donwood Neighborhood) 1,500 City 100 1,400 1,500 Description: Local street reconstruction and sewer extension project in Donwood neighborhood. Status: Funding Status: Planned pE 100 100 RW 0 Length (miles) 0 Planned CN 1,400 1,400 Total 100 1,400 1,500 17 Northeast Industrial Sewer Extension 4,975 City 4,876 99 4,975 Description: Street reconstruction and sewer extension project(Flora,Tschirley, Dalton) with Spokane County. Status: Funding Status: Planned PE 25 25 2023 CN,2024 Closeout RW 0 Length (miles) 0 Planned CN 4,851 99 4,950 Total 4,876 99 4,975 18 8th Ave. Sidewalk 405 City 159 3 162 TIB 238 5 243 Description: Install sidewalk with curb and gutter on north side from Edgecliff park to Coleman Road. Status: Funding Status: Secured PE 7 7 2023 CN,2024 Closeout RW 0 Length (miles) 0 Secured CN 389 8 397 Total 397 8 405 Projects and timeframes identified in the TIP are to be considered estimates only that may change due to a variety of circumstances. 5/31/2022 Page 6 c ,,�„ 2023- 2028 S'pokane Six-Year Transportation Improvement Program valley Dollars in Thousands Funding Project/Description/Current Status/Length Total Sources 2023 2024 2025 2026 2027 2028 Total 19 2022 City Safety Program Improvements 1,442 City 17 17 HSIP 156 1,269 1,425 Description: Pedestrian crossing improvments on Sprague(at Chronicle,McKinnon,& City Hall)and Trent access control improvements(at Dale, McDonald,& Evergreen). Status: Funding Status: Planned pE 173 173 City Safety Program application funds pending. Planned RW 0 Length (miles) 0 Planned CN 1,269 1,269 Total 173 1,269 1,442 20 Barker Road Corridor Design Phase 100 DEV 75 25 100 Description: Design phase for Barker Road from Appleway to South City Limits Status: Funding Status: Secured PE 75 25 100 Project included for finance tracking purposes. RW 0 Length (miles) 0 CN 0 Total 75 25 100 21 Sprague Ave. Safety Improvements 818 City 4 93 97 STA 163 163 Description: Other Fed 24 534 558 Install pedestrian crossing at City Hall& Balfour Park with potential lane reductions,see TIP#23. Status: Funding Status: Secured PE 28 28 55 Funding includes STA, PBP,and City. RW 0 Length (miles) 0 Secured CN 762 762 Total 28 790 818 Projects and timeframes identified in the TIP are to be considered estimates only that may change due to a variety of circumstances. 5/31/2022 Page 7 c ,,�„ 2023- 2028 S'pokane Six-Year Transportation Improvement Program valley Dollars in Thousands Funding Project/Description/Current Status/Length Total Sources 2023 2024 2025 2026 2027 2028 Total 22 South Bowdish Sidewalk (12th to 22nd) 1,985 City 6 310 316 SRTS 31 1,638 1,669 Description: Install new sidewalk on the east side, including crosswalk,signage,and ADA ramp improvements. Status: Funding Status: Secured PE 37 37 74 2023 PE,2024 CN,2025 Closeout RW 0 Length (miles) 0 Secured CN 1,911 1,911 Total 37 1,948 1,985 23 Sullivan Rd. Preservation -8th to 16th 1,400 City 20 80 260 360 Other 1,040 1,040 Description: Pavement preservation with signal, ITS,sidewalks and stormwater improvements as necessary. Status: Funding Status: Planned PE 20 80 100 Seeking funds,candidate for TIB or STBG preservation funding. RW 0 Length (miles) 0.3 Planned CN 1,300 1,300 Total 20 80 1,300 1,400 24 Broadway Ave. - Havana to Fancher 2,980 City 10 70 580 660 Other 2,320 2,320 Description: Pavement preservation&reconstruction, including stormwater improvements. Status: Funding Status: Secured PE 10 70 80 2020-2024 PE.2025 CN. Planned RW 0 Length (miles) 1 Planned CN 2,900 2,900 Total 10 70 2,900 2,980 Projects and timeframes identified in the TIP are to be considered estimates only that may change due to a variety of circumstances. 5/31/2022 Page 8 c ,,�„ 2023- 2028 S'pokane Six-Year Transportation Improvement Program .0000 Valley Dollars in Thousands Funding Project/Description/Current Status/Length Total Sources 2023 2024 2025 2026 2027 2028 Total 25 Pines Rd. (SR27)/ BNSF Grade Separation Project 28,745 City 908 2,690 2,152 5,750 STBG 1,138 1,138 Description: Other Fed 100 100 Construct Grade Separation at Pines/BNSF RR/Trent(SR290). Other 2,152 10,760 8,608 21,520 DEV 237 237 Status: Funding Status: Secured pE 230 230 2020 PE Start. ROW in progress. Secured RW 1,616 1,616 Length (miles) Intersection Partial CN 2,690 13,450 10,760 26,900 Total 4,535 13,450 10,760 28,745 26 Spokane Valley River Loop Trail 6,899 City 333 933 233 600 2,099 Other 2,400 2,400 4,800 Description: Paved shared-use path on north bank of Spokane River between Plante's Ferry and Flora Parks, including two pedestrian bridges at each end. Status: Funding Status: Secured pE 333 333 233 900 PE planned for 2022 local budget, pursue RW/CN funding. RW 0 Length (miles) 5 Planned CN 3,000 3,000 6,000 Total 333 3,333 233 3,000 6,899 27 Sullivan Rd. /SR 290 Interchange Reconstruction 26,630 City 848 848 562 138 2,260 2,260 6,916 Other 212 212 658 552 9,040 9,040 19,714 Description: Reconstruct interchange to improve safety and capacity. Status: Funding Status: Partial pE 1,060 1,060 530 2,650 City secured$500,000 for 2021-2022 initiatial PE,pursuing additional PE, Planned RW 690 690 1,380 RW,CN funding by 2026.CN Start 2027. Length (miles) 0 Planned CN 11,300 11,300 22,600 Total 1,060 1,060 1,220 690 11,300 11,300 26,630 Projects and timeframes identified in the TIP are to be considered estimates only that may change due to a variety of circumstances. 5/31/2022 Page 9 c ,,�„ 2023- 2028 S'pokane Six-Year Transportation Improvement Program valley Dollars in Thousands Funding Project/Description/Current Status/Length Total Sources 2023 2024 2025 2026 2027 2028 Total 28 Barker Rd. Intersection Improvements at 4th &8th 5,501 City 31 805 1,517 381 1,502 4,236 DEV 4 104 197 50 195 550 Description: CMAQ 5 136 256 64 254 715 Provide new traffic signal or roundabout,per S. Barker Corridor Study. Status: Funding Status: Planned PE 40 40 20 100 Assume City funded,but may be eligible for grant funds. Planned RW 1,005 495 1,500 Length (miles) 0 Intersection Planned CN 1,950 1,950 3,900 Total 40 1,045 1,970 495 1,951 5,501 29 Barker Rd. Improvement-Appleway to S. City Limits 7,327 City 148 486 482 350 1,466 Other 592 1,943 1,927 1,399 5,861 Description: Reconstruct to 3-lane urban section including signal/channelization improvements at Appleway. Status: Funding Status: Planned PE 80 20 100 Identified in S. Barker Corridor Study. Planned Rw 660 660 660 1,980 Length (miles) 0.8 Planned CN 1,749 1,749 1,749 5,247 Total 740 2,429 2,409 1,749 7,327 30 Citywide Safety Projects-Biennial 6,999 HSIP 1,866 351 1,866 351 1,866 6,300 City 207 39 207 39 207 699 Description: Projects are consistent with the City's Local Road Safety Plan. Unique projects identified separately in TIP. Status: Funding Status: Planned PE 18 48 18 48 18 150 Costs assume project implementation in odd-number years and RW 0 design/close-out in even-numbered years. 10%local match. Length (miles) 0 Planned CN 2,055 343 2,055 343 2,055 6,850 Total 2,073 390 2,073 390 2,073 6,999 Projects and timeframes identified in the TIP are to be considered estimates only that may change due to a variety of circumstances. 5/31/2022 Page 10 c ,,�„ 2023- 2028 S'pokane Six-Year Transportation Improvement Program valley Dollars in Thousands Funding Project/Description/Current Status/Length Total Sources 2023 2024 2025 2026 2027 2028 Total 31 Local Access Street Improvements-$1.5M Annually 7,500 City 1,500 1,500 1,500 1,500 1,500 7,500 Description: Fund#106. Project type varies(surface treatments,grind/inlays, reconstruction). Unique projects identified separately in TIP. Status: Funding Status: Secured PE 100 100 100 100 100 500 Site selection is on-going.Actual locations to be determined. Secured RW 0 Length (miles) Secured CN 1,400 1,400 1,400 1,400 1,400 7,000 Total 1,500 1,500 1,500 1,500 1,500 7,500 32 Street Preservation Projects-$3M Annually 15,000 City 3,000 3,000 3,000 3,000 3,000 15,000 Description: Preservation projects,typically arterials or collectors,or used as matching funds for grants. Status: Funding Status: Planned PE 100 100 100 100 100 500 Unique projects identified separately in TIP. Projects may include signal, RW 0 ITS,storm and sidewalk upgrades as applicable. Length (miles) Varies Planned CN 2,900 2,900 2,900 2,900 2,900 14,500 Total 3,000 3,000 3,000 3,000 3,000 15,000 33 Argonne Rd. Concrete Pavement- Indiana to Knox 3,000 City 20 40 540 600 TIB 80 160 2,160 2,400 Description: Reconstruct with concrete and improve stormwater and signal operations. Status: Funding Status: Planned PE 100 100 200 Planned RW 100 100 200 Length (miles) 0.3 Planned CN 2,600 2,600 Total 100 200 2,700 3,000 Projects and timeframes identified in the TIP are to be considered estimates only that may change due to a variety of circumstances. 5/31/2022 Page 11 c ,,�„ 2023- 2028 S'pokane Six-Year Transportation Improvement Program valley Dollars in Thousands Funding Project/Description/Current Status/Length Total Sources 2023 2024 2025 2026 2027 2028 Total 34 8th Ave. Preservation -Progress to Sullivan 700 City 25 25 585 635 Other 65 65 Description: Pavement preservation with potential partnership with Vera Water&Power for sidewalk extension&stormwater upgrades on south side. Status: Funding Status: Planned PE 25 25 50 Potential Fund 311 project in future CN years. RW 0 Length (miles) 0.2 Planned CN 650 650 Total 25 25 650 700 35 South Bowdish Rd. - Phased Corridor Improvements 2,502 City 12 8 460 12 8 500 Other 49 32 1,840 49 32 2,002 Description: Reconstruct Sprague to Dishman Mica as urban section. May also include intersection improvements at 32nd Ave., ITS,and a new signal or roundabout at 16th Ave. Status: Funding Status: Planned PE 200 200 400 Phased improvements to align with available funding opportunities. Planned RW 100 100 200 Potential sources include TIB, SRTC, Local. Length (miles) 3 Planned CN 2,300 2,300 Total 61 40 2,300 61 40 2,502 36 Sullivan Rd. Preservation -16th to 24th 2,200 City 80 1,700 1,780 Other 420 420 Description: Pavement preservation with signal, ITS,sidewalks and stormwater improvements as necessary. Status: Funding Status: Planned PE 80 20 100 Assumes 20%City match for CN. Planned RW 0 Length (miles) 0.8 Planned CN 2,100 2,100 Total 80 2,120 2,200 Projects and timeframes identified in the TIP are to be considered estimates only that may change due to a variety of circumstances. 5/31/2022 Page 12 c ,,�„ 2023- 2028 S'pokane Six-Year Transportation Improvement Program valley Dollars in Thousands Funding Project/Description/Current Status/Length Total Sources 2023 2024 2025 2026 2027 2028 Total 37 Dishman-Mica Rd. Preservation-Schafer to S. City 1,300 City 50 1,250 1,300 Limit Description: Pavement preservation project with possible stormwater, path, ITS,and signal improvements as needed. Status: Funding Status: Planned PE 50 50 Planned RW 0 Length (miles) 1 Planned CN 1,250 1,250 Total 50 1,250 1,300 38 Vera Crest+ Rocky Ridge Street Reconstruction 150 City 75 75 150 Projects Description: Stormwater and road reconstruction projects including multiple neighborhoods: Kahuna Hills(Carnahan/Kahuna/15th), Heather Park(16th at Rocky Ridge, Koren), Ridgemont Estates(Vera Crest, Conklin). Status: Funding Status: Planned PE 75 75 150 Multi-year,phased project.PE required to define scope and CN cost. RW 0 Possible CN funding by Ecology. Length (miles) 0 CN 0 Total 75 75 150 39 8th Ave. /Carnahan Rd. Intersection Improvement 2,000 City 35 50 315 400 Other 140 200 1,260 1,600 Description: Add intersection control(turn lanes,potential signal). Status: Funding Status: Planned PE 175 175 Assumes 20%City match.OTHER may be TIB, DEV or City. Planned RW 250 250 Length (miles) Intersection Planned CN 1,575 1,575 Total 175 250 1,575 2,000 Projects and timeframes identified in the TIP are to be considered estimates only that may change due to a variety of circumstances. 5/31/2022 Page 13 c ,,�„ 2023- 2028 S'pokane Six-Year Transportation Improvement Program valley Dollars in Thousands Funding Project/Description/Current Status/Length Total Sources 2023 2024 2025 2026 2027 2028 Total 40 Mirabeau Parkway/ Mansfield Ave. Intersection 1,835 City 135 27 202 364 Improvement cMAQ 173 1,298 1,471 Description: Intersection capacity improvements: ITS&signal improvements,with added through/turn lanes Status: Funding Status: Partial PE 135 135 Potential for Developer funds via Mirabeau Subarea Traffic Study. Planned RW 200 200 Length (miles) Intersection Planned CN 1,500 1,500 Total 135 200 1,500 1,835 41 Barker Rd. Improvement Project-Appleway to 1-90 6,501 City 68 202 372 236 878 Other 432 1,298 2,379 1,514 5,623 Description: Reconstruct 5-lane urban section with ITS and alignment/channelization improvements at Appleway(signal)& Broadway(RAB). Status: Funding Status: Planned PE 500 500 1,000 Anticipated to follow 1-90 interchange improvements. Planned RW 1,000 1,000 2,000 Length (miles) 0.3 Planned CN 1,750 1,750 3,500 Total 500 1,500 2,751 1,750 6,501 42 Flora Rd. Reconstruction -Euclid to Garland 2,200 City 30 410 440 Other 120 1,640 1,760 Description: Street reconstruction in partnership with Spokane County Sewer Extension. Status: Funding Status: Planned PE 100 100 Seeking funding,assume 20%City match. Planned RW 50 50 100 Length (miles) 0.6 Planned CN 2,000 2,000 Total 150 2,050 2,200 Projects and timeframes identified in the TIP are to be considered estimates only that may change due to a variety of circumstances. 5/31/2022 Page 14 c,,,O„ 2023- 2028 Spokane Six-Year Transportation Improvement Program .0000 valley Dollars in Thousands Funding Project/Description/Current Status/Length Total Sources 2023 2024 2025 2026 2027 2028 Total 43 Park Rd. Preservation -Sprague to Trent 1,360 City 100 60 1,200 1,360 Description: Pavement preservation project, ITS Broadway to Trent Status: Funding Status: Planned PE 70 70 Assumes 100%City funded(Fund 311). Planned RW 30 30 Length (miles) 0.8 Planned CN 1,200 1,200 Total 100 60 1,200 1,360 44 32nd Ave. Preservation -Pines to SR 27 2,000 City 60 1,940 2,000 Description: Pavement preservation project with potential ITS,storm,sidewalk upgrades as needed. Status: Funding Status: Planned PE 60 60 RW 0 Length (miles) 0.8 Planned CN 1,940 1,940 Total 60 1,940 2,000 45 Park Rd. / Mission Ave. Intersection Improvement 2,000 City 20 160 1,820 2,000 Description: Improve channelization and signal operations. Status: Funding Status: Planned PE 20 80 100 Planned RW 80 20 100 Length (miles) 0 Planned CN 1,800 1,800 Total 20 160 1,820 2,000 Projects and timeframes identified in the TIP are to be considered estimates only that may change due to a variety of circumstances. 5/31/2022 Page 15 c ,,�„ 2023- 2028 S'pokane Six-Year Transportation Improvement Program .0000 valley Dollars in Thousands Funding Project/Description/Current Status/Length Total Sources 2023 2024 2025 2026 2027 2028 Total 46 Flora Rd. /SR 290 Intersection Improvement 4,000 City 40 40 1,520 1,600 DEV 10 10 380 400 Description: Other 50 50 1,900 2,000 Provide new signal with added turn lanes or roundabout, per adopted Planned Action Ordinance.Assume ROW&CN after 2027. Status: Funding Status: Planned PE 100 100 Planned project.Assume PAO contributions from Developers in the Planned RW 100 100 amount of 10%,City 40%,grants 50%. Length (miles) 0 Planned CN 3,800 3,800 Total 100 100 3,800 4,000 47 Cataldo Ave. Realignment at Barker Rd. 1,300 City 140 100 280 520 DEV 35 25 70 130 Description: Other 175 125 350 650 Realign Cataldo east of Barker to intersect Boone Ave., per adopted Planned Action Ordinance. Status: Funding Status: Planned PE 100 100 PAO calls for cul-de-sac at ex.Cataldo.Assume PAO contributions from Planned RW 250 250 500 Developers in the amount of 10%,City 40%,grants 50%. CN after 2025. Length (miles) 0.2 Planned CN 700 700 Total 350 250 700 1,300 48 Wellesley Ave. Preservation -Sullivan to Flora 2,000 City 54 1,946 2,000 Description: Pavement preservation project. Status: Funding Status: Planned PE 54 6 60 2024 PE 2025 CN RW 0 Length (miles) 1 Planned CN 1,940 1,940 Total 54 1,946 2,000 Projects and timeframes identified in the TIP are to be considered estimates only that may change due to a variety of circumstances. 5/31/2022 Page 16 c ,,�„ 2023- 2028 S'pokane Six-Year Transportation Improvement Program valley Dollars in Thousands Funding Project/Description/Current Status/Length Total Sources 2023 2024 2025 2026 2027 2028 Total 49 Pines Rd. (SR-27)/16th Ave. Intersection Improvement 300 City 50 75 25 150 DEV 50 75 25 150 Description: Other Add traffic control at five-leg intersecton. Status: Funding Status: Planned PE 100 100 200 $5M est.total. Pending funding to improve five-leg intersection. Planned RW 50 50 100 Length (miles) Intersection Planned CN 0 Total 100 150 50 300 50 Barker Rd. - Mission to Interstate 90 3,000 City 80 200 920 1,200 DEV 20 50 230 300 Description: Other 100 250 1,150 1,500 Reconstruct to 5-lane urban section. Improvements at Boone intersection are identified separately. Status: Funding Status: Planned PE 200 200 Planned project for 2025 PE.Assume PAO contributions from Developers Planned RW 500 500 in the amount of 10%, City 40%,grants 50%. Length (miles) 0.3 Planned CN 2,300 2,300 Total 200 500 2,300 3,000 51 8th Ave. Preservation - Havana to Park 2,000 City 54 106 1,840 2,000 Description: Pavement preservation project with select locations of sidewalk and road widening. Status: Funding Status: Planned PE 54 6 60 Planned RW 100 100 Length (miles) 1 Planned CN 1,840 1,840 Total 54 106 1,840 2,000 Projects and timeframes identified in the TIP are to be considered estimates only that may change due to a variety of circumstances. 5/31/2022 Page 17 c,,,O„ 2023- 2028 Spokane Six-Year Transportation Improvement Program .0000 valley Dollars in Thousands Funding Project/Description/Current Status/Length Total Sources 2023 2024 2025 2026 2027 2028 Total 52 Appleway Trail -Farr to Dishman Mica 1,200 City 20 20 200 240 Other 80 80 800 960 Description: Extend Shared Use pathway to Dishman Mica. Status: Funding Status: Planned PE 100 100 Potential funding sources:TIB,SRTC, RCO, LDA, City Planned RW 100 100 Length (miles) 1 Planned CN 1,000 1,000 Total 100 100 1,000 1,200 53 Argonne Rd. & 1-90 Interchange Bridge Widening 7,750 City 50 50 1,450 1,550 FMSIB 75 75 2,175 2,325 Description: STBG 100 100 2,900 3,100 Widen Argonne Road bridge to 3 lanes southbound and improve WSDOT 25 25 725 775 sidewalks. New channelization to evaluate future STA park&ride facility. Status: Funding Status: Planned PE 250 250 500 $15 M total assumes bridge reconstruction, rechannelization,adjacent RW 0 signal rework.2028-2029 CN Length (miles) 0.1 Planned CN 7,250 7,250 Total 250 250 7,250 7,750 54 8th Ave. /Park Rd. Intersection Improvement 340 City 16 52 68 DEV Description: Other 64 208 272 Provide new traffic signal or roundabout. Status: Funding Status: Planned PE 80 20 100 2029 CN Planned RW 240 240 Length (miles) 0 Planned CN 0 Total 80 260 340 Projects and timeframes identified in the TIP are to be considered estimates only that may change due to a variety of circumstances. 5/31/2022 Page 18 c,,,O„ 2023- 2028 Spokane Six-Year Transportation Improvement Program .0000 valley Dollars in Thousands Funding Project/Description/Current Status/Length Total Sources 2023 2024 2025 2026 2027 2028 Total 55 Barker Rd. / Boone Ave. Intersection Improvement 200 City 20 60 80 DEV 5 15 20 Description: Other 25 75 100 Provide new signal or roundabout,per adopted Planned Action Ordinance. Assume ROW&CN after 2027. Status: Funding Status: Planned PE 50 50 100 Assume PAO contributions from Developers in the amount of 10%,City Planned RW 100 100 40%,grants 50%.2030 CN Length (miles) 0 Planned CN 0 Total 50 150 200 56 Broadway Ave. Improvements-Flora to Barker 600 City 16 104 120 Other 64 416 480 Description: Extend 3-lane urban section to Barker Rd and realign connection east of Barker. Status: Funding Status: Planned PE 80 20 100 Possible partnership with WSDOT.2029 CN Planned RW 500 500 Length (miles) 1 Planned CN 0 Total 80 520 600 57 4th Ave. /Pines Rd. (SR 27) Intersection Improvements 600 City 100 500 600 Description: Install new intersection control. Status: Funding Status: Planned PE 100 100 2029 CN Planned RW 500 500 Length (miles) 0 Planned CN 0 Total 100 500 600 Projects and timeframes identified in the TIP are to be considered estimates only that may change due to a variety of circumstances. 5/31/2022 Page 19 c,,,O„ 2023- 2028 Spokane Six-Year Transportation Improvement Program .0000 valley Dollars in Thousands Funding Project/Description/Current Status/Length Total Sources 2023 2024 2025 2026 2027 2028 Total 58 Sullivan Rd. / Kiernan Ave. Intersection Improvement 80 City 16 16 Other 64 64 Description: Improve channelization and signal operations at intersection and reconstruct intersection with concrete. Status: Funding Status: Planned PE 80 80 2030 CN Planned RW 0 Length (miles) 0 Planned CN 0 Total 80 80 59 Sullivan Rd. /Marietta Ave. Intersection Improvement 80 City 16 16 Other 64 64 Description: Improve channelization and signal operations at intersection and reconstruct intersection with concrete. Status: Funding Status: Planned PE 80 80 2030 CN Planned RW 0 Length (miles) 0 Planned CN 0 Total 80 80 60 Boone Ave. Reconstruction- Flora to Barker 75 City 75 75 Other Description: Reconstruct corridor to city standards. Status: Funding Status: PE 75 75 2030 ROW.2032 CN RW 0 Length (miles) 1 CN 0 Total 75 75 Projects and timeframes identified in the TIP are to be considered estimates only that may change due to a variety of circumstances. 5/31/2022 Page 20 2023- 2028 Spokane Six-Year Transportation Improvement Program valley Dollars in Thousands Funding Project/Description/Current Status/Length Total Sources 2023 2024 2025 2026 2027 2028 Total 61 Flora Rd. Reconstruction-Sprague to Montgomery 75 City 15 15 Other 60 60 Description: Reconstruct to city standards, including a shared-use pathway connecting Appleway&Centennial Trails. Status: Funding Status: PE 75 75 Assume 20%City match. Possible funding from SRTC, RCO,TIB,WA Leg. RW 0 Length (miles) 2 CN 0 Total 75 75 62 Euclid Ave. Preservation -Barker to E. City Limit 50 City 50 50 Description: Pavement preservation project.City may consider increasing scope of project to improve road section to meet City standards. Status: Funding Status: Planned PE 50 50 2029 CN RW 0 Length (miles) 0.5 Planned CN 0 Total 50 50 63 Sullivan Rd. Improvements-Trent to Wellesley 100 City 20 20 Other 80 80 Description: Widen to add center turn lane, improved corridor access management, ITS, improved lighting,and addition of shared-use path. Status: Funding Status: PE 100 100 Design may be combined with Sullivan/Trent I/C project. RW 0 Length (miles) 0.3 CN 0 Total 100 100 Projects and timeframes identified in the TIP are to be considered estimates only that may change due to a variety of circumstances. 5/31/2022 Page 21 2023- 2028 Spokane Six-Year Transportation Improvement Program valley Dollars in Thousands Funding Project/Description/Current Status/Length Total Sources 2023 2024 2025 2026 2027 2028 Total 64 Spokane Valley-Millwood Trail 75 City 15 15 Other 60 60 Description: Shared use path following existing railway,connecting to City of Spokane and City of Millwood trail network,and the Centennial Trail. Status: Funding Status: Planned PE 75 75 PE Concept Design in 2028 Planned RW 0 Length (miles) 0 Planned CN 0 Total 75 75 65 Sprague &Pines Intersection Improvement 25 City 25 25 Description: Install SB right turn lane and intersection control. Price assumes new signal and channelization. Status: Funding Status: Planned PE 25 25 Based on N. Pines Subarea Study.May include developer contributions. RW 0 Length (miles) 0 CN 0 Total 25 25 66 N. Sullivan Rd. Pedestrian &Bicycle Improvements 20 City 4 4 Other 16 16 Description: Segments of improved shared-use pathways(5,000 LF+/-)and sidewalks (1,000 LF+/-) between the Spokane River and SR 290, including an improved crossing at the UPRR and potential for transit upgrades. Status: Funding Status: Planned PE 20 20 Project identified in 2015 and 2020 Sullivan Corridor Studies. Planned RW 0 Length (miles) 2 Planned CN 0 Total 20 20 Projects and timeframes identified in the TIP are to be considered estimates only that may change due to a variety of circumstances. 5/31/2022 Page 22 c ,,�„ 2023- 2028 r►.�'pokane Six-Year Transportation Improvement Program ValleyDollars in Thousands Funding Project/Description/Current Status/Length Total Sources 2023 2024 2025 2026 2027 2028 Total Totals: 10,889 12,296 161,934 185,118 25,090 35,070 31,652 29,261 25,024 38,683 184,780 Projects and timeframes identified in the TIP are to be considered estimates only that may change due to a variety of circumstances. 5/31/2022 Page 23 1 . Sprague Ave. / Barker Rd . Sookane Intersection Improvement Valley p sR Project Type: Intersection Improvement Project Description: Provide new roundabout and sidewalks and bike accomodations. Funding Status: Secured Cost Estimate Estimated Project (in $1,000) Schedule Preliminary Engineering (PE): 260 2020-2022 Right of Way (RW): 200 2021-2022 Construction (CN): 2,000 2022-2023 Total Cost: 2,460 2. Citywide Reflective Post Panels , ,���kane �....Valley- _ Y . e a ., - P • 4 4. \ . . E .' ;" P OP I 44 4 r r a yy7 is) li skit i • 11 "AV .,. . , i_0 / _tHe 0- _ —rail,-._-,.- _ i a. a. y ailliatlijk.4 - Project Type: Safety Project Description: Installation of reflective post panels to stop signs and speed limit signs on select streets. Funding Status: Secured Cost Estimate Estimated Project (in $1,000) Schedule Preliminary Engineering (PE): 8 2021-2022 Right of Way (RW): 0 - Construction (CN): 150 2022-2023 Total Cost: 158 3. Sullivan Rd . / Wellesley Ave. po Valle Intersection Improv. 004 y N Project Type: Intersection Improvement Project Description: Traffic signal and intersection improvement project, partnership with Spokane County. Funding Status: Secured Cost Estimate Estimated Project (in $1,000) Schedule Preliminary Engineering (PE): 230 2019-2021 Right of Way (RW): 165 2019-2021 Construction (CN): 2,000 2022-2023 Total Cost: 2,395 4. Sprague Ave. Preservation - , ,���kane Havana to Fancher � Valle �_ ;� t; �� II ' 4 1 III r 'Illr • 4 2, u 1- � . d4 VF W - I ;; II 1 _ II I' f i r Project Type: Street Preservation Project Description: Pavement preservation project with signal, sidewalk, and ITS improvements as needed. Funding Status: Secured Cost Estimate Estimated Project (in $1,000) Schedule Preliminary Engineering (PE): 90 2021-2022 Right of Way (RW): 0 - Construction (CN): 2,247 2022-2023 Total Cost: 2,337 5. Wilbur Rd . Sidewalk - Boone to ,II, lkane Mission � Valle _ -i AI if " 11 . . . •• , , . _4 , , . . . - ,k_ ' 1 t''' 1 VP '.. .:,,_, ,!...- , r,:,,, Wt NI:: • ---:, ---,e.,-: `r - ir - '' i .-Alr,--- '-t-ii•1 t:-. ,I 17-i--., _ r ;,-.-i 1 FT 1 voi- • ` . I" .,.4 . g- 1 ' w- -' , -- ' r 4111k -• •' ..;514'Ir''''. .-i. 71; :' ,, 'i 4.e- •'Ii /cry 4r-7_, .v.-- i }At r- .,- ..4s1' v... ,A,i r ''!Fa'�s^.raa.._ f� LL r f s.. EiL ''� a � . '�. aim 1,� ,`� .17 z % 1 ',.1. it i C gr 41:41 '1* #r 15: a '+ r Sf J ds, r 1 � w; sy •. W ''{ v 1 .' $t tom'" ... 1 t- , . ,- f: a t i '4 ryy� �• - Imo '" i r - , c _ .' - .- Project Type: Pedestrian/Bicycle Improvement Project Description: Install sidewalk from Boone to Mission on one side of road, including pavement preservation. Funding Status: Secured Cost Estimate Estimated Project (in $1,000) Schedule Preliminary Engineering (PE): 100 2021-2022 Right of Way (RW): 13 2021-2022 Construction (CN): 700 2022 Total Cost: 813 6. Barker Rd . / BNSF Grade po Valle Separation Project �ry Project Type: Bridge Project Description: Construct Grade Separation at Barker/BNSF RR/Trent (SR290). Funding Status: Secured Cost Estimate Estimated Project (in $1,000) Schedule Preliminary Engineering (PE): 3,006 2019-2020 Right of Way (RW): 3,420 2019-2020 Construction (CN): 19,000 2021-2023 Total Cost: 25,426 7. Buckeye Sewer Extension , ,���kane � Vall � e� Y . 4, L 1 , _ , ,.,,„.„,„, „ „,, . ,.:_ , , ,ir,. ,..„,,,, _ .,,. 1.,,,4*-_ , ,. ....-iip„,:te , , ,:,„ ,„,,,,,,,,,..,.:„ , ,,,t,„: 4i.----.. ,,, ,i„ .,. , , 4,,,_ ,,,_. . 401 gifti :-A. :,!,' . ,4111 ;Nail i ., -,--4,-- 111A--n- 41 Project Type: Street Reconstruction Project Project Description: Street reconstruction and sewer extension project with Spokane County. Funding Status: Secured Cost Estimate Estimated Project (in $1,000) Schedule Preliminary Engineering (PE): 50 2022-2023 Right of Way (RW): 0 - Construction (CN): 750 2023 Total Cost: 800 8. Mission Ave. Bridge Resurfacing � Valle _ Y Project Type: Bridge Project Description: Surface preservation of concrete bridge deck over Evergreen Rd. Funding Status: Secured Cost Estimate Estimated Project (in $1,000) Schedule Preliminary Engineering (PE): 25 2022 Right of Way (RW): 0 - Construction (CN): 240 2023 Total Cost: 265 9. Barker Rd . at Union Pacific po Valle Crossing Amu row Project Type: Arterial Improvement Project Description: Recnstruct and widen to 3-lane section at UPRR and E. Euclid Ave. with shared-use path on one side. Funding Status: Secured Cost Estimate Estimated Project (in $1,000) Schedule Preliminary Engineering (PE): 85 2020-2022 Right of Way (RW): 50 2021-2023 Construction (CN): 1,300 2023-2024 Total Cost: 1 ,435 10. Pines Rd . / Mission Ave. , �,��ikane� Valle Intersection Improvement = • `, . .- :,,;, 4 .v.,- ,, ? -e 1 J4, -. ten.* ,, ,,,). it tip, ' t T „ li ,,,..4.,...,4 k.i r - .,, , . 1 . -6 'L- ca. w "?0$1 `-"4 r =' co - ( ,; •- r(a 4 is T. ' N Project Type: Intersection Improvement Project Description: Signal and channelization upgrades to improve capacity and additional turn lane on southbound Pines. Funding Status: Secured Cost Estimate Estimated Project (in $1,000) Schedule Preliminary Engineering (PE): 355 2020-2022 Right of Way (RW): 191 2021-2022 Construction (CN): 1,612 2023-2024 Total Cost: 2,158 11 . Broadway Ave. Preservation - 4 ,���kane Fancher to Park � Valle .. ' I i ,. �. $ems r f1 rttr n � K { h0,-17 its ! 111 i' • c T_ -19f;. 44 1 iiii 41 Project Type: Street Preservation Project Description: Pavement preservation project with sidewalk ramp upgrades as needed. Funding Status: Secured Cost Estimate Estimated Project (in $1,000) Schedule Preliminary Engineering (PE): 140 2022 Right of Way (RW): 0 - Construction (CN): 1,660 2023-2024 Total Cost: 1 ,800 12. Sullivan Rd . Preservation - po Valle Sprague to 8th y Project Type: Street Preservation Project Description: Pavement rehab. with 4th Ave. improvements, sidewalks, ITS, stormwater improvements as necessary. Funding Status: Secured Cost Estimate Estimated Project (in $1,000) Schedule Preliminary Engineering (PE): 224 2021-2022 Right of Way (RW): 504 2022 Construction (CN): 2,734 2023-2024 Total Cost: 3,462 13. Sprague Ave. Stormwater po Improvements Valle Project Type: Stormwater Project Description: Drywell retrofits between University and Park. Funded by Dept. of Ecology. Funding Status: Partial Cost Estimate Estimated Project (in $1,000) Schedule Preliminary Engineering (PE): 100 2022-2023 Right of Way (RW): 0 - Construction (CN): 1,900 2023-2024 Total Cost: 2,000 14. 2022 Local Access (Summerfield Spoknae East Neighborhood) Valley- ' ;Jr 4 ,t Ya ��[II7 j/f F Y x _...ma`s, P ,,,, .:s$ _r--' toit f w..ailillIMbaiMrt '''61, gig, k L x . is : "� r � a r ' Project Type: Street Preservation Project Description: Local street reconstruction project in Summerfield neighborhood. Funding Status: Secured Cost Estimate Estimated Project (in $1,000) Schedule Preliminary Engineering (PE): 80 2021-2022 Right of Way (RW): 0 - Construction (CN): 1,300 2023-2024 Total Cost: 1 ,380 15. Pedestrian & Bicycle Safety l �,�likane Analysis � Valle _- ..:a i If ) iy it iri- rr f „w 1, ' ' _ IP F kl C (4MF w !At A li; ii— ..-:. ijill'1' _-: 11111.1 Id mil El", ....,_N .. r,,,.. —s I l J : 7 o r z Project Type: Safety Project Description: Evaluate vehicle vs. pedestrian/bicyclist crashes, as identified in the Local Road Safety Plan. Funding Status: Planned Cost Estimate Estimated Project (in $1,000) Schedule Preliminary Engineering (PE): 150 2023-2024 Right of Way (RW): 0 - Construction (CN): 0 - Total Cost: 150 16. 2023 Local Access (Donwood , „,,,,kane - � Valley Y -, -�- WNW F — ' . -' ___.," ; .' :-� . r.1, :r;3 TI � -. '" litik 9jiia I i _Lii T - , 6 ir _ , .- it . ,:. .._.- # 0-0,- - ,, - - - ft, , . . , . . „;:. : , , i L., -r, 1 ° ,/00., ,:,:‘,.. i .,, r— 1 r -. .C, ^10�4am• �i II.Ni Er! Project Type: Street Reconstruction Project Project Description: Local street reconstruction and sewer extension project in Donwood neighborhood. Funding Status: Planned Cost Estimate Estimated Project (in $1,000) Schedule Preliminary Engineering (PE): 100 2023 Right of Way (RW): 0 - Construction (CN): 1,400 2024 Total Cost: 1 ,500 17. Northeast Industrial Sewer ot Extension Valle % i,j..b id ?; r s- ,111 rI ' M 1 sum+, n. .{ r tr.?' 1. Project Type: Street Reconstruction Project Project Description: Street reconstruction and sewer extension project (Flora, Tschirley, Dalton) with Spokane County. Funding Status: Planned Cost Estimate Estimated Project (in $1,000) Schedule Preliminary Engineering (PE): 50 2022-2023 Right of Way (RW): 0 - Construction (CN): 4,950 2023-2024 Total Cost: 5,000 18. 8th Avenue Sidewalk , ,���kane � Vall � e� Y t.''' ff J�4 i It-ir'11---1,--1 Project Type: Pedestrian/Bicycle Improvement Project Description: Install sidewalk with curb and gutter on north side from Edgecliff park to Coleman Road. Funding Status: Secured Cost Estimate Estimated Project (in $1,000) Schedule Preliminary Engineering (PE): 40 2022 Right of Way (RW): 0 2022-2023 Construction (CN): 400 2023 Total Cost: 440 19. 2022 City Safety Program , ,���kane Improvements � Valle r II 1 r • I' �—I i----I 1---1 r 1-1 ,1 1 J f".. ;i i 1 I 0..4 r.........„. 1 1 1 Project Type: Safety Project Description: Pedestrian crossing improvments on Sprague and access control improvements on Trent. Funding Status: Planned Cost Estimate Estimated Project (in $1,000) Schedule Preliminary Engineering (PE): 173 2023 Right of Way (RW): 40 2023 Construction (CN): 1,269 2024 Total Cost: 1 ,482 20. Barker Road Corridor Design po Valle Phase r I 1 Project Type: Street Reconstruction Project Project Description: Design phase for Barker Road from Appleway to South City Limits Funding Status: Secured Cost Estimate Estimated Project (in $1,000) Schedule Preliminary Engineering (PE): 250 2022-2023 Right of Way (RW): 0 - Construction (CN): 0 - Total Cost: 250 21 . Sprague Ave. Safety Improvements Valley •�.�.. z . J R■■ 1 5.' 111 44, Iti r-7 limif • _ -r N Project Type: Safety Project Description: Install pedestrian crossing at City Hall & Balfour Park with potential lane reductions, see TIP #23. Funding Status: Partial Cost Estimate Estimated Project (in $1,000) Schedule Preliminary Engineering (PE): 46 2022 Right of Way (RW): 0 - Construction (CN): 423 2023 Total Cost: 469 22. South Bowdish Rd . Sidewalks , ,���kane � Valle (12th to 22nd) y . : „ r , ov a 1r 2 `4Yh. x..` `a; • e "lbw14'4 • r k NIL Project Type: Pedestrian/Bicycle Improvement Project Description: Install new sidewalk on the east side, including crosswalk, signage, and ADA ramp improvements. Funding Status: Secured Cost Estimate Estimated Project (in $1,000) Schedule Preliminary Engineering (PE): 74 2023- Right of Way (RW): 0 - Construction (CN): 1,911 2024 Total Cost: 1 ,985 23. Sullivan Rd . Preservation - 8th to Spokane 16th ......Valley- _ -" , F _' N. fy f i,. , yid. �- c, • - �� �•t.• r c$ 0jbr, t j- ,..p ''-'adr p. spar nrw • 7f°F `1`tLJF +Y-^ •i 5r: ^' '.'yam w f em , • , Project Type: Street Preservation Project Description: Pavement preservation with signal, ITS, sidewalks and stormwater improvements as necessary. Funding Status: Planned Cost Estimate Estimated Project (in $1,000) Schedule Preliminary Engineering (PE): 100 2023-2024 Right of Way (RW): 0 - Construction (CN): 1 ,300 2025 Total Cost: 1 ,400 24. Broadway Ave. Preservation - , ,���kane � Valle Havana to Fancher I c �: 1 • 1 N Project Type: Street Preservation Project Description: Pavement preservation and reconstruction, including stormwater improvements as necessary. Funding Status: Partial Cost Estimate Estimated Project (in $1,000) Schedule Preliminary Engineering (PE): 100 2021-2024 Right of Way (RW): 0 - Construction (CN): 2,900 2025 Total Cost: 3,000 25. Pines Rd . (SR27) / BNSF Grade , „,,,,kane Separation Project Valle -r id Ai,. y y b pFa if, 4,, 4,,,,_, . ,. ,... Project Type: Bridge Project Description: Construct Grade Separation at Pines/BNSF RR/Trent (SR290). Funding Status: Partial Cost Estimate Estimated Project (in $1,000) Schedule Preliminary Engineering (PE): 2,300 2020-2023 Right of Way (RW): 5,385 2021-2023 Construction (CN): 26,900 2023-2025 Total Cost: 34,585 26. Spokane Valley - River Loop Trail Sl� ,�l'liane �...„,i0 Valle Y =: r fi i i ar 3 ally b L___r-- 41 0. k s'n i'.. • � ., aaai,! r 1116 4 i q k„ i i e'4 Ir Project Type: Pedestrian/Bicycle Improvement Project Description: 5-mile shared-use path on north bank of Spokane River, including two pedestrian bridges. Funding Status: Partial Cost Estimate Estimated Project (in $1,000) Schedule Preliminary Engineering (PE): 1 ,000 2022-2025 Right of Way (RW): 0 - Construction (CN): 15,000 2024, 2028 Total Cost: 16,000 27. Sullivan Rd . / SR 290 Interchange S, ,��'lane � Valle Reconstruction - g , Project Type: Bridge Project Description: Reconstruct interchange to improve safety and capacity. Funding Status: Partial Cost Estimate Estimated Project (in $1,000) Schedule Preliminary Engineering (PE): 2,650 2021-2025 Right of Way (RW): 1 ,380 2025-2026 Construction (CN): 22,600 2027-2028 Total Cost: 26,630 28. Barker Rd . Intersection , ,���kane � Improvements at 4th & 8th ......Valley to ,...asitik 4 -� v } �,-i 1 - ecT NYC"_ , IT_ L S.R r `♦1.1 x A , ',`"7- i' "4"'-.4 ' .4 . c.„.„ ; ii *at 7 Project Type: Intersection Improvement Project Description: Provide new traffic signal or roundabout, per S. Barker Corridor Study. Funding Status: Partial Cost Estimate Estimated Project (in $1,000) Schedule Preliminary Engineering (PE): 100 2023-2024 Right of Way (RW): 1 ,500 2025-2026 Construction (CN): 3,900 2026 Total Cost: 5,500 29. Barker Rd . Improvement - I11101 Spokane Valle Appleway to S. City Limit Y r - Project Type: Arterial Improvement Project Description: Reconstruct 3-lane urban section from Appleway to Sprague and 2-lane urban section south of Sprague. Funding Status: Partial Cost Estimate Estimated Project (in $1,000) Schedule Preliminary Engineering (PE): 200 2022-2024 Right of Way (RW): 2,000 2023-2025 Construction (CN): 5,300 2024-2026 Total Cost: 7,500 30. Citywide Safety Projects - , �,��ikane Biennial � Valle / rimuna,_ .0 _ c., ,...) ,,,„ . . _,_ ,1 a . (..-- ^ ",a y 1 iri- 13 - f wili •w li r , • t .,, e , _ riTtp.,,_ _:v _.. _ _ ,__.....,,_ .._.....„.;_,_ _ :111)1' El", ...,_, , ,,, ,,,, ii, .. , ,_ r,,,. .... , , ..,, ! ,, , r . ' . ' J il ' ' Al Project Type: Safety Project Description: Projects are consistent with the City's Local Road Safety Plan. Awarded projects specified in TIP. Funding Status: Planned Cost Estimate Estimated Project (in $1,000) Schedule Preliminary Engineering (PE): 100 Biennial Right of Way (RW): 0 Biennial Construction (CN): 1 ,700 Biennial Total Cost: 1 ,800 31 . Local Access Street , �,��ikane Improvements - $1 .5M Annually � Valle I., ', - y "0111: ' ' ' , fir , . . . • ,3 7,r_;:v _: :_ii .._2..-.7. _ _}//1..1 + ' id _, "At __yIt- I I r F" Y 1 d r - . Project Type: Street Preservation Project Description: Funded by Street Wear Fee. Project type varies (surface treatments, grind/inlays, reconstruction). Funding Status: Secured Cost Estimate Estimated Project (in $1,000) Schedule Preliminary Engineering (PE): 500 Annually Right of Way (RW): 0 Annually Construction (CN): 7,000 Annually Total Cost: 7,500 32. Street Preservation Projects - , �,��ikane � $3M Annually Valle y a15—:.` C. ,,,,, . ' --.— ) CI ? ri--- . . ^. — o ,_,.' 11 J,i..f ..1‘, F.,,, 1 ir-,-,i _ ..,... . i k L--4°L4? , '''i;' - i n 1 i Ifki'-'1:- I l id _ ' __y I I r F" Y 1 d r - . f Project Type: Street Preservation Project Description: Preservation projects, typically arterials or collectors, or used as matching funds for grants. Funding Status: Secured Cost Estimate Estimated Project (in $1,000) Schedule Preliminary Engineering (PE): 500 Annually Right of Way (RW): 0 Annually Construction (CN): 14,500 Annually Total Cost: 15,000 33. Argonne Rd . Concrete Pave. - oo Indiana to Knox Valle - I Project Type: Arterial Improvement Project Description: Reconstruct with concrete and improve stormwater and signal operations. Funding Status: Planned Cost Estimate Estimated Project (in $1,000) Schedule Preliminary Engineering (PE): 200 2024-2025 Right of Way (RW): 200 2025-2026 Construction (CN): 2,600 2026 Total Cost: 3,000 34. 8th Ave. Preservation - Progress ,��'kane �, Valle to Sullivan y 1L,;,5, Project Type: Street Preservation Project Description: Pavement preservation with potential sidewalk extension and partnership with Vera Water & Power. Funding Status: Planned Cost Estimate Estimated Project (in $1,000) Schedule Preliminary Engineering (PE): 50 2024-2025 Right of Way (RW): 0 - Construction (CN): 650 2026 Total Cost: 700 35. South Bowdish Rd . - Phased , ,���kane � Valle Corridor Improvements i"'! 1 ` 1f . 1 I les ♦ ♦ I ti Project Type: Arterial Improvement Project Description: Reconstruct Sprague to Dishman Mica as a modified urban street with improvements at 16th & 32nd. Funding Status: Planned Cost Estimate Estimated Project (in $1,000) Schedule Preliminary Engineering (PE): 1 ,000 2023- Right of Way (RW): 500 2024- Construction (CN): 11 ,500 2025- Total Cost: 13,000 36. Sullivan Rd Preservation - 16thpo, „,,,,kane Valle Ave. to 24th Ave. a Project Type: Street Preservation Project Description: Pavement preservation with signal, sidewalks and stormwater improvements as necessary. Funding Status: Planned Cost Estimate Estimated Project (in $1,000) Schedule Preliminary Engineering (PE): 100 2024 Right of Way (RW): 0 - Construction (CN): 2,100 2025 Total Cost: 2,200 37. Dishman-Mica Rd . Pres. - Schafersi; � to S. City Limit ......Valley- . 1 i I i i 1 di • 1".- y tea= ' - '' villit 4 A .. s_...041 0, ititiod ' - ' '" 1 e 8 ,14,, ss n ,- 4 "P h- Project Type: Street Preservation Project Description: Pavement preservation project with stormwater, path, ITS, and signal improvements as needed. Funding Status: Planned Cost Estimate Estimated Project (in $1,000) Schedule Preliminary Engineering (PE): 50 2024 Right of Way (RW): 0 - Construction (CN): 1 ,250 2025 Total Cost: 1 ,300 38. Vera Crest + Rocky Ridge Street ,��'ka en�, Valle Reconstruction s 1 1 r5 -1 I. •r L. -1 1 �1 r 1 1 1 r 41 ; -- 1 1 1 1 1 -,I 1 1 1 _I 1 1 i 1 i- .r -1- l t 4, .L1 Project Type: Street Reconstruction Project Project Description: Stormwater/road reconstruction in multiple areas: Kahuna Hills, Heather Park, Ridgemont Estates. Funding Status: Planned Cost Estimate Estimated Project (in $1,000) Schedule Preliminary Engineering (PE): 150 2024-2025 Right of Way (RW): 0 - Construction (CN): 0 - Total Cost: 150 39. 8th Ave. / Carnahan Rd . po Valle Intersection Improvement Project Type: Intersection Improvement Project Description: Add intersection control (turn lanes, potential signal). Funding Status: Planned Cost Estimate Estimated Project (in $1,000) Schedule Preliminary Engineering (PE): 175 2024 Right of Way (RW): 250 2025 Construction (CN): 1 ,575 2026 Total Cost: 2,000 40. Mirabeau / Mansfield Intersection Spokane Improvements .Valley- t#4. j'ai----,-- _,,„,' , : ilir_ a---- '----Z <, -; _ _ i ''' Aim`. f �!l 4 ...- --- ::4, It aJ x' l Project Type: Intersection Improvement Project Description: Intersection capacity improvements: ITS & signal improvements and revised channelization. Funding Status: Partial Cost Estimate Estimated Project (in $1,000) Schedule Preliminary Engineering (PE): 135 2024 Right of Way (RW): 200 2025 Construction (CN): 1 ,500 2026 Total Cost: 1 ,835 41 . Barker Rd . Improvements - r ,�1�kane � Appleway to 1-90 ......Valley ace : P i r '! , A ,mil*£:.1 4. x l Y A , ti �it P w r 9 r,--1 #7. ti, -_ ..,,,, rt, .,.,,,,, ....; ir,„ 1 , ) ,. , „,,,,-,,,,-44i1,14.,,,,,,,, ,,..1.--,..40,_„.#7-,,,,,, jr--- IT; .6±0,-„,', vt., � a r $. .�1 A � � i,� � v at, n .n Project Type: Arterial Improvement Project Description: Reconstruct 5-lane section with ITS, alignment/channelization improvements at Appleway & Broadway. Funding Status: Planned Cost Estimate Estimated Project (in $1,000) Schedule Preliminary Engineering (PE): 1 ,000 2024-2025 Right of Way (RW): 2,000 2025-2026 Construction (CN): 3,500 2026-2027 Total Cost: 6,500 42. Flora Rd . Reconstruction - Euclid s of i to Garland 4,101.0 Valley in 11 1. I .,11 li 1i _ clot` , IlIIIt ! tonal- :.... _ r . ili, - j -, ,, , . ._,:__ .['t . , 1 -11 1 icil ! 'i . u -___„ i it 1 limil i k ., , ,L2„,--1 ,.„ .. ,, „ S y :y< -- i ,,.1�Il l l .4 iiL f d,� ..i+: .,:cam S [ s. Y hl 01-• ,, 4 ;lit !! �pJ _tarp.,. . ,y. ,y 'k ,I. •-j -iii____--ter] l_pv- , toomippi;erits . - 1 Project Type: Arterial Improvement Project Description: Street Reconstruction in partnership with Spokane County Sewer Extension. Funding Status: Planned Cost Estimate Estimated Project (in $1,000) Schedule Preliminary Engineering (PE): 100 2025 Right of Way (RW): 100 2025-2026 Construction (CN): 2,000 2026 Total Cost: 2,200 43. Park Rd . Preservation - Sprague , ,��'kane to Trent � Valle Project Type: Street Preservation Project Description: Pavement preservation project with potential sidewalks at select locations. Funding Status: Planned Cost Estimate Estimated Project (in $1,000) Schedule Preliminary Engineering (PE): 70 2025 Right of Way (RW): 30 2026 Construction (CN): 1 ,200 2027 Total Cost: 1 ,300 44. 32nd Ave. Preservation - Pines to Spokane SR 27 ......Valley ; � „ x , , -gin L•fifl, .AMR,' lialimpoi, 11. 1 114 I , a+rl ' rY :C; dr Ir s .. .4 r, Project Type: Street Preservation Project Description: Pavement preservation project with potential ITS, storm, sidewalk upgrades as needed. Funding Status: Planned Cost Estimate Estimated Project (in $1,000) Schedule Preliminary Engineering (PE): 60 2025 Right of Way (RW): 0 - Construction (CN): 1 ,940 2026 Total Cost: 2,000 45. Park Rd . / Mission Ave. , ,,,�kane � Valle Intersection Improvement rr _ 14, } i_,. r f Y k ariAlmormemiiimmii Project Type: Intersection Improvement Project Description: Improve channelization and signal operations. Funding Status: Planned Cost Estimate Estimated Project (in $1,000) Schedule Preliminary Engineering (PE): 100 2026-2027 Right of Way (RW): 100 2027-2028 Construction (CN): 1 ,800 2028 Total Cost: 2,000 46. Flora Rd . / SR 290 Intersection , ,���kane � Valle Improvement cire— S 0 ,• Project Type: Intersection Improvement Project Description: Provide new signal or roundabout, per adopted Planned Action Ordinance. Assume ROW & CN after 2027. Funding Status: Planned Cost Estimate Estimated Project (in $1,000) Schedule Preliminary Engineering (PE): 100 2026 Right of Way (RW): 100 2027 Construction (CN): 3,800 2028 Total Cost: 4,000 47. Cataldo Ave . Realignment at , ,���kane Barker Rd . � Valle 1 , , ,, .(\. - her"',� .fi e' -, 41111 1 1 44r\4 -,. Am. -ter Project Type: Intersection Improvement Project Description: Realign Cataldo Ave east of Barker to intersect Boone Ave., per adopted Planned Action Ordinance. Funding Status: Planned Cost Estimate Estimated Project (in $1,000) Schedule Preliminary Engineering (PE): 100 2026 Right of Way (RW): 500 2026-2027 Construction (CN): 1 ,400 2028-2029 Total Cost: 2,000 48. Wellesley Ave. Preservation - lll�l➢ Sullivan to Flora � Valle ;t -dir �.. it 0 6 • '. •. t 1 i • I ai r: 10601......000 -011101011 tik 1010441111 Project Type: Street Preservation Project Description: Pavement preservation project. Funding Status: Planned Cost Estimate Estimated Project (in $1,000) Schedule Preliminary Engineering (PE): 60 2026 Right of Way (RW): 0 - Construction (CN): 1 ,940 2027 Total Cost: 2,000 49. Pines Rd (SR-27) / 16th po, „,,,,kane Intersection Improvement Valle _ .• fY— :ter. life _- • . $ — ar I. Y ---''' itilttc .ai��T.I• :. �(y,r. , b P, �--��,,ff, ,yy f .gr„__ 4 _ ` 44- 3 0* , Project Type: Intersection Improvement Project Description: Add traffic control at five-leg intersecton. Funding Status: Partial Cost Estimate Estimated Project (in $1,000) Schedule Preliminary Engineering (PE): 200 2026-2027 Right of Way (RW): 100 2027-2028 Construction (CN): 4,700 2029-2030 Total Cost: 5,000 50. Barker Rd . - Mission to Interstate s ol,ane 90 4,20.0 Valley +.4,,,,trair it, irboit--- --1, ., Tej_ . ,'_ I � . Lai, -4--'ti- . ____,-„-: --i, '17 ' — .1;44: 4 x,/. Pi • '116, .- rf-r e e ss ' ,. rf IMPPf iI r ri 16 it • , Y L .. bra. x� ,-�" ""'� - y � . -, r ""4`'�l.t�. t+.tP - . 'i1 ,� ,� 7 7 '''' 'e 4,1- 4 " . 4-. .ii------- - _ - „, ,.,_--Ji?,,, , .",.....„,... , ,. ,,,_ it,...-„,, , ,„ 1 , 1 , - „ „,„-,, r , , , 407 --rp ,„ - _ _..„... ...,,„. - .f V- ,„ 0 '' ' ' . - , ,.. , ' '• :1114 '''':-- r l Project Type: Arterial Improvement Project Description: Reconstruct to 5-lane urban section. Improvements at Boone intersection are identified separately. Funding Status: Planned Cost Estimate Estimated Project (in $1,000) Schedule Preliminary Engineering (PE): 200 2026 Right of Way (RW): 500 2027 Construction (CN): 2,300 2028 Total Cost: 3,000 51 . 8th Ave. Preservation - Havana to Spokane Park .Valley- I I I I r L_ r- Project Type: Arterial Improvement Project Description: Pavement preservation project with select locations of sidewalk and road widening. Funding Status: Planned Cost Estimate Estimated Project (in $1,000) Schedule Preliminary Engineering (PE): 60 2026-2027 Right of Way (RW): 100 2027 Construction (CN): 1 ,840 2028 Total Cost: 2,000 52. Appleway Trail - Farr to Dishman Spokane Mica .Valley= �:, r - r r___' _ 11 Fl.'[ ''., ft, ,,r fij _.,,, 41 , ;, ., ,„ :. _i.e. 1 ,_,., , 4,e., ,,,,,*,,,, 44f , ,...„f,t,„._ ,, , .. . „10., 4,,,,,:,... .:: „4:, _ q p ' . a , #. t' tF r it rtt r a---1rfr FR 11, _ . $ I ` Project Type: Pedestrian/Bicycle Improvement Project Description: Extend Shared Use pathway to Dishman Mica with north connections to City Hall and Balfour Park. Funding Status: Planned Cost Estimate Estimated Project (in $1,000) Schedule Preliminary Engineering (PE): 100 2026 Right of Way (RW): 100 2027 Construction (CN): 1 ,000 2028 Total Cost: 1 ,200 53. Argonne Rd . & 1-90 Interchange ,���kane �, Bridge Widening Valle y fie I I Project Type: Bridge Project Description: Widen Argonne Road bridge to 3 lanes southbound and improve sidewalks. Coordinate with STA. Funding Status: Planned Cost Estimate Estimated Project (in $1,000) Schedule Preliminary Engineering (PE): 500 2026-2027 Right of Way (RW): 0 2027-2028 Construction (CN): 14,500 2028-2029 Total Cost: 15,000 54. 8th Ave. / Park Rd . Intersection soolane Valle Improvement x Project Type: Intersection Improvement Project Description: Provide new traffic signal or roundabout. Funding Status: Planned Cost Estimate Estimated Project (in $1,000) Schedule Preliminary Engineering (PE): 100 2027-2028 Right of Way (RW): 300 2028-2029 Construction (CN): 2,600 2029 Total Cost: 3,000 55. Barker Rd . / Boone Ave. oo Intersection Improvement Valle ski 'a:, if ., I „ - Y 46 - r $'ar , f. , i It Ir 4 r r of r st if i Project Type: Intersection Improvement Project Description: Provide new signal or roundabout, per adopted Planned Action Ordinance. Assume ROW & CN after 2027. Funding Status: Planned Cost Estimate Estimated Project (in $1,000) Schedule Preliminary Engineering (PE): 100 2027-2028 Right of Way (RW): 200 2028-2029 Construction (CN): 2,500 2030 Total Cost: 2,800 56. Broadway Ave. Improvements - III Ul e � Valle Flora to Barker - a 1 � y.- 9� �,r R° f gyp bt- � q ,. l4 €x x , Pi - ai'� '. 3 Ili I vctz . 4_ :Fall t Project Type: Arterial Improvement Project Description: Extend 3-lane urban section to Barker Rd and realign connection east of Barker. Funding Status: Planned Cost Estimate Estimated Project (in $1,000) Schedule Preliminary Engineering (PE): 100 2027-2028 Right of Way (RW): 500 2028 Construction (CN): 4,400 2029 Total Cost: 5,000 57. 4th Ave. / Pines Rd . (SR 27) , ,���kane - � Valle Intersection Improv. y -; i I-' �-, r N, _a Err- ; ,:, c ' lork,i,4 ,,,,.. . ._ , e___.t Artlik.- , , ,:..,,,,, , 1 , , , *- E- _:: i', Project Type: Intersection Improvement Project Description: Install new intersection control. Price assumes new signal and channelization. Funding Status: Planned Cost Estimate Estimated Project (in $1,000) Schedule Preliminary Engineering (PE): 100 2027 Right of Way (RW): 500 2028 Construction (CN): 2,200 2029 Total Cost: 2,800 58. Sullivan Rd . / Kiernan Ave. , ,���kane � Valle Intersection Improv. -� _ + , - - - 4. M ~ g N Project Type: Intersection Improvement Project Description: Improve channelization and signal operations and reconstruct intersection with concrete. Funding Status: Planned Cost Estimate Estimated Project (in $1,000) Schedule Preliminary Engineering (PE): 100 2028-2029 Right of Way (RW): 100 2029-2030 Construction (CN): 2,300 2030 Total Cost: 2,500 59. Sullivan Rd . / Marietta Ave . I1110 Spokane Intersection Improv. Valle \Not '- Project Type: Intersection Improvement Project Description: Improve channelization and signal operations and reconstruct intersection with concrete. Funding Status: Planned Cost Estimate Estimated Project (in $1,000) Schedule Preliminary Engineering (PE): 100 2028-2029 Right of Way (RW): 100 2029-2030 Construction (CN): 2,300 2030 Total Cost: 2,500 60. Boone Ave. Reconstruction - , ,°��kane � Valle Flora to Barker y 14 4 — _ —r. p - - - ] tiiu { 1 " {k*-, 4` y �`x r Y9- �"�'-•E<< .— $ � a '�l �. !s r f �C a' '� 1. k , t it i °�..-. e '' I. f ��k�;{ ,.!1'` .fir : f ". ,..E+44 1' 1Ri ; 1=. a ,r raw, k, i 1". ,r - ,,y..y 4w-'-a s S.W-,__-w "F-:a4lp y ;7 7 r 1` 4-,:.vs - - f ._. .. . fir rvc4 ° t pry `, r ! iF tr i k. . �:l '.� Project Type: Street Reconstruction Project Project Description: Reconstruct corridor to city standards. Funding Status: Planned Cost Estimate Estimated Project (in $1,000) Schedule Preliminary Engineering (PE): 150 2028-2029 Right of Way (RW): 350 2030-2031 Construction (CN): 3,500 2032 Total Cost: 4,000 61 . Flora Rd . Reconstruction - po Valle Sprague to Montgomery Project Type: Arterial Improvement Project Description: Reconstruct to city standards, including a shared-use path connecting Appleway & Centennial Trails. Funding Status: Planned Cost Estimate Estimated Project (in $1,000) Schedule Preliminary Engineering (PE): 150 2028-2029 Right of Way (RW): 250 2030-2031 Construction (CN): 3,600 2032 Total Cost: 4,000 62. Euclid Ave. Preservation - Barker Spokane to E. City Limit .Valley � N Project Type: Street Preservation Project Description: Pavement preservation project. City may elect to improve road section to meet City standards. Funding Status: Planned Cost Estimate Estimated Project (in $1,000) Schedule Preliminary Engineering (PE): 50 2028 Right of Way (RW): 0 - Construction (CN): 450 2029 Total Cost: 500 63. Sullivan Rd . Improvements - , , kane Trent to Wellesley � Valle __aitilitx--- .0.-4-- +sir y P II , - A ' N:4,-1 ' .,ast* , a- r_ T ti. .ti, vr-rio,,,, fort:t f iw` a r t; -__Iki r - i 4_II, -f'..y ,tee 5.`. 0 ,o, i. , _ Project Type: Arterial Improvement Project Description: Widen for center turn lane, improved access management, lighting, and addition of shared-use path. Funding Status: Planned Cost Estimate Estimated Project (in $1,000) Schedule Preliminary Engineering (PE): 200 2028-2029 Right of Way (RW): 300 2029-2029 Construction (CN): 2,500 2031 Total Cost: 3,000 64. Spokane Valley - Millwood Trail 40.0 Valley ``. —_I . ..,.ems ' �, a ;'� S`;`• �;•";. �- �� �r� e� a�®ii_.� emraoriffm ote 1 r Aim !WOW WIMP , II ! NRR .--®- ,rallerdNKz,, Project Type: Pedestrian/Bicycle Improvement Project Description: Path following existing railway, connecting to trails in Spokane and Millwood, and Centennial Trail. Funding Status: Planned Cost Estimate Estimated Project (in $1,000) Schedule Preliminary Engineering (PE): 150 2028-2029 Right of Way (RW): 500 2029-2030 Construction (CN): 6,350 2031-2032 Total Cost: 7,000 65. Sprague / Pines (SR 27) , ,���kane - � Valle Intersection Improv. y ..,.,:. 17 -.mow- `. i it is S I 1, . r t ILNE r is r ..'it; * _� '$ , • jr ..,..0 q• Project Type: Intersection Improvement Project Description: Install SB right turn lane and intersection control. Price assumes new signal and channelization. Funding Status: Planned Cost Estimate Estimated Project (in $1,000) Schedule Preliminary Engineering (PE): 25 Right of Way (RW): 0 Construction (CN): 0 Total Cost: 25 66. N . Sullivan Rd . Pedestrian & po Valle Bicycle Improvements Project Type: Pedestrian/Bicycle Improvement Project Description: Segments of shared-use path and sidewalks, including possible transit upgrades. Funding Status: Planned Cost Estimate Estimated Project (in $1,000) Schedule Preliminary Engineering (PE): 100 2027-2029 Right of Way (RW): 250 2029-2030 Construction (CN): 4,650 2030-2031 Total Cost: 5,000 CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: June 7, 2022 Department Director Approval: El Check all that apply: ❑ consent ❑ old business ❑ new business ❑ public hearing ❑ information ® admin. report ❑ pending legislation ❑ executive session AGENDA ITEM TITLE: 2022 Summer Aquatics Program Update GOVERNING LEGISLATION: N/A. PREVIOUS COUNCIL ACTION TAKEN: City Council approved the 2022 Parks and Recreation Department budget on December 14, 2021. BACKGROUND: Due to the COVID-19 pandemic, the Parks and Recreation Department found itself facing tough decisions related to the City's aquatics programs in 2020, and ultimately was unable to open any if its three pool facilities. In 2021 , aquatics programming resumed on a limited basis due to health department restrictions and limited staffing levels. The YMCA provides staffing and seasonal operation of Spokane Valley's pools through a contractual agreement with the City. While health department restrictions have lifted, the 2022 aquatics season is presenting early challenges due to a shortage of available seasonal aquatics staff. With a heavy reliance on returning staff and less than a full roster of employees hired in 2021, the YMCA has not yet been able to hire enough staff to operate at full capacity during 2022. Currently, the YMCA's aquatics staffing levels are only 30% of pre-pandemic levels. With more than 60 additional lifeguards and swim instructors needed, the City's outdoor aquatics programs will open on June 18th as planned, but with limited availability at each facility and only one pool available for the daily open public swim. Staff will be ready to increase aquatic program offerings as soon additional lifeguards and swim instructors are hired. The City's Parks and Recreation staff are working closely with the YMCA to assist with recruiting additional staff for the 2022 season. OPTIONS: Discussion RECOMMENDED ACTION OR MOTION: Discussion BUDGET/FINANCIAL IMPACTS: Anticipated expenditures will be below our existing 2022 Parks and Recreation Department budget. STAFF CONTACT: John Bottelli, Parks, Recreation & Facilities Director; Kendall May, Recreation Coordinator ATTACHMENTS: PowerPoint Presentation SPOKANE VALLEY AQUATICS UPDATE 2022 SPOKANE VALLEY AQUATIC FACILITIES THE SPOKANE VALLEY OWNS AND OPERATES THREE OUTDOOR POOLS SEASONALLY. Park Road Pool Terrace View Pool Valley Mission Pool Spokane Valley contracts with the Spokane Valley YMCA to operate and maintain the pools. 2 SPOKANE VALLEY AQUATIC PROGRAMS • SWIM LESSONS • LAP SWIM . J V • OPEN SWIM • SWIM TEAM • WATER EXERCISE . - • DROWNING PREVENTION CLINICS x ' .., • FOUR SPLASHPADS _ J VALLEY YMCA: OPERATIONS AGREEMENT • CONTRACTED AGREEMENT SINCE 2005 • PROVIDES STAFFING PLAN, HIRING, BACKGROUND CHECKS, CERTIFICATION AND EMPLOYEE SUPERVISION OF SEASONAL STAFF • ANNUAL POOL PREPARATION AND ONGOING POOL OPERATIONS AND MAINTENANCE • CITY PAYS A MONTHLY MANAGEMENT FEE AND REIMBURSEMENT FOR ACTUAL EXPENSES • POOLS TO OPERATE FROM APPROX JUNE 1 9TH THROUGH AUG 14TH • TERRACE VIEW TO REMAIN OPEN THROUGH LABOR DAY OF EACH YEAR • POOLS TO BE OPEN FOR PUBLIC SWIM DAILY • VARIETY OF RED CROSS SWIM LESSONS TO BE OFFERED AT ALL THREE SITES • NOVICE SWIM TEAM PROGRAM TO BE OFFERED AT ALL THREE SITES • SERVICE LEVELS MAY BE SUBJECT TO CHANGE BASED ON ANNUAL AND UNFORESEEN CIRCUMSTANCES 4 OVERVIEW 1 . Mechanical Updates 2. Staffing Crisis 3. Modified Programming 4. Service Level Impacts 5. Regional and National Aquatics 5 niUpdates ec a ca • Some Mechanical Systems suffered from nonoperation in 2020 • Working with McKinstry to preform repairs and upgrades to systems at all three pools • TERRACE VIEW • Electrical water leveling system replaced with mechanical water leveling float • Valves, thermometers, and 2" supply line with bypass with quick-connect • Leak in Lazy River feature investigated and repairs under way • PARK ROAD • Electrical water leveling system replaced with mechanical water leveling float • Valves and 2" supply line with bypass with quick-connect • Pump repairs and valve replacements to restore Slide feature • VALLEY MISSION • Electrical water leveling system replaced with mechanical water leveling float • New valves and supply line bypass with quick-connect • Pump repaired and reprogrammed to Slide feature 6 `, STAFFING CRISIS City of Spokane Valley-Municipal Government ... ¢ May 25 at 321 PM•Q To fully open Spokane Valley's three city pools beginning on Saturday,June 18,we need 60-75 more lifeguards and swim instructors for open swim,swim lessons,swim team practices,water exercises and water safety clinics.At current staffing levels,which is 1/3 full only one pool will be open at a time on a rotating daily • Currently at 3 0 o of staffing needed for a schedule.Find out what it takes to qualify and apply online with the YMCA of the Inland Northwest at https://ymcainw.org/about-us/careers/as they hire and coordinate our pool staff each season. full aquatics schedule You can also visit https://wwwspokanevalley.org/pools for updated Spokane Valley outdoor pool °`ormation including schedules and registration dates. • Lower levels of staffing will result in fewer .- . aquatics lessons and summer programming =II 4F ' - • Evaluated operational models based on r' .. a . . `. • f tf, ,7 current staffing levels r h 4. f • ONGOING RECRUITING EFFORTS: F �` Banners at pools, social media coverage, AO .- .r. ,, ,, .. _,.._... i * media interviews and more! vii// ii I i lrrifriilii1tiii'�t \i'1,,,. 7 Current Modified Program Offerings Swim Team Swim Lessons Water Exercise/ Water Safety Open Swim Lap Swim Clinics Terrace View Valley Mission Park Road 8 Service Level Impacts Total Patrons Served 40,000 35,000 30,000 25,000 20,000 15,000 10,000 5,000 0 2019 2020 2021 2022 2022 Current Maximum Program Program Offerings Offerings 9 Service Level Impacts Current I (30% staffed) Swim Lessons 18% , _mil Open Swim 22% Swim Team 100% Water Safety Clinics 33% Water Exercise 100% 10 \\*a...) \....... A CURRENT LOOK AT OUTDOOR AQUATICS ,1 OFFERINGS AROUND THE REGION CITY OF SPOKANE • Open swim, swim lessons, swim team, free swim clinics, lap swim Town and Country c SPOKANE COUNTY C oils State Lin, Pasadena Park - orc ands- ast �° • Open swim, swim lessons, swim team Millwood tiii Spokane Liberty Lake Valley GR EENACRES Spokane ❑shoran ERAQALE FAIRCHILD AIRFORCE BASE _ My Vera 0 __ • Open swim, limited swim lesson offerings Glenrese 0� � a z� : eek CoI/nr sseCrrvation CHENEY Area flier Creek Map data D2020 Googla - • Swim team, lap swim, swim lessons, drowning prevention clinics DEER PARK IlEM— • Open swim >> A CURRENT LOOK AT AQUATICS OFFERINGS „ .........") AROUND THE NATION �, NEWS Lifeguard Shortage Could Shut Down A Third Of Public Pools in U.S. BY EMMA MAYER ON 3/28122 AT 4=48 FM EDT M Top stories MI/NorthwestMI Wail Street Journal r Lifeguard shortage could Is Your Local Pool Closed? see some Seattle beaches Blame the Lifeguard closed to swimmers Shortage AMP 12 hours ago 23 hours ago ,.,g a ry 0 WGAL A national lifeguard shortage . '' Nationwide lifeguard may have an impact on — .�. . , shortage affecting the summer plans locally / ' Susquehanna Valley 10 hours ago 16 hours ago 12 4 More news ,J QUESTIONS ? CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: June 7, 2022 Department Director Approval: ❑ Check all that apply: ❑ consent ❑ old business ❑ new business ❑ public hearing ❑ information ® admin. report ❑ pending legislation ❑ executive session AGENDA ITEM TITLE: Transportation Impact Fee Rate Studies for the External Areas of the South Barker Corridor GOVERNING LEGISLATION: RCW 36.70A.070(6)(b); RCW 43.21C; RCW 82.02.050-.110; WAC 197-11; WAC 365-196-850; SVMC 22.100. PREVIOUS COUNCIL ACTION TAKEN: December 15, 2020: Council approved Ordinance No. 20-026 to establish Transportation Impact Fees as part of CTA-2020-0005 and to adopt the South Barker Corridor Transportation Impact Fee Rate Study. December 22, 2020: Council approved Resolution No. 20-016 to update the Master Fee Schedule to include the South Barker Corridor Transportation Impact Fees. March 22, 2022: Council approved Ordinance No. 22-005 to adopt the South Barker Corridor Transportation Impact Fee Rate Study Addendum. BACKGROUND: Chapter 22.100 SVMC was adopted in December, 2020 and imposes impact fees in areas identified by adopted rate studies and in such amounts as identified in the rate studies and Master Fee Schedule. The South Barker Corridor is an established impact fee area. Impact fees in the South Barker Corridor are based specifically on trips originating in the City of Spokane Valley and may only be directly applied to developments permitted within the City of Spokane Valley. The implementation of impact fees outside of the City requires an interlocal agreement with the permitting jurisdiction. Staff contracted with a transportation engineering and planning firm, Fehr & Peers, to complete two additional rate studies for the areas of the South Barker Corridor study area external to the City of Spokane Valley, which includes analysis zones in the City of Liberty Lake and Spokane County. These rate studies include a per-trip fee for the overall development as well as a fee rate per-unit-of-development. The rate studies are intended to be used a basis for subsequent interlocal agreements. The following list highlights the per-trip impact fees developed for the external areas as well as a comparison of the City of Spokane Valley per-trip impact fee. Transportation Impact Fee Area Cost per Trip City of Spokane Valley $1,153 per trip City of Liberty Lake $ 657 per trip Spokane County $3,859 per trip In addition to a per-trip of development or per-unit of development fee, an analysis was completed to develop a per-trip of corridor fee for each project along the corridor. This method of mitigation is an alternative to the overall development method to provide an alternative avenue for mitigation options. Tonight's discussion will include the process used to complete the Rate Studies and resultant fee rates to be applied towards new development in the external areas to the City of Spokane Valley. OPTIONS: 1) Consensus to bring a Resolution for Council approval consideration at a future meeting or 2) Take other appropriate action. RECOMMENDED ACTION OR MOTION: Council consensus to bring a Resolution for Council approval at a future meeting. BUDGET/FINANCIAL IMPACTS: There is no additional cost to the City if the proposed Rate Studies are adopted. Proposed impact fees are anticipated to generate up to $5.68 million of new revenue to be applied to transportation system improvements identified in the Rate Studies. STAFF CONTACT: Bill Helbig, Community & Public Works Director; Jerremy Clark, Traffic Engineering Manager ATTACHMENTS: 1. PowerPoint Presentation 2. South Barker Corridor Transportation Impact Fee Rate Study for Liberty Lake 3. South Barker Corridor Transportation Impact Fee Rate Study for Spokane County 4. South Barker Corridor Impact Fee Cost Per Trip by Segment Analysis Transportation Impact Fee Rate Studies Adjacent Jurisdictional Areas of the South Barker Corridor June 7, 2022 Bill Helbig, Community & Public Works Director Jerremy Clark, Traffic Engineering Manager Spokan�� SCITSOkan�e� Tm a ct Fee History P lley p � December 2020 — Ordinance 20-026 Established transportation impact fees in the City of Spokane Valley. South Barker Corridor fee established and incorporated into the Master Fee Schedule. July 2021 — Ordinance 21-008 Adopted the Mirabeau and North Pines Road Subarea Transportation Impact Fee Rate Study Incorporated these two fee areas into the Master Fee Schedule March 2022 — Ordinance 22-005 Adopted the South Barker Corridor, Mirabeau and North Pines Road Subarea Transportation Impact Fee Rate Study Addenda based on the new ITE Trip Generation Manual. 2 SCITSOkane South Barker — ContributingJurisdictions P valley � As part of the original South Barker Corridor Study (2019), three contributing jurisdictions were identified as impacting the corridor with trip growth (referred to as the "travel-shed"): City of Spokane Valley City of Liberty Lake Spokane County Figure 22. Percent of 2040 Barker Road traffic generated by jurisdiction. Southeast Spokane Liberty Spokane Segment of Barker Road Valley Lake County Other Total North of 1-90 26% 18% 4% 52% 100% 1-90 to Appleway Avenue 19% 16% 17% 48% 100% South of Appleway Avenue 18% 2% 35% 45% 100% 3 Source: Fehr& Peers, 2018 SCITSOkan�e� South_Barker — ContributingJurisdictions P Va11ey. � �E 'a Qak Dr a osF-1 is c v r 2' / s Ct m 2 ;c a F N�ellesleY Awe of p4o�tan ft?11"Ua-may Z.. �' r r �ni � -�: Kaiser f R o `pd U I,a �anr'So Dr — -� z o w .5'barker Corridor _.� = m r�i� �Pye r—_ i �' Millwood C'J re.P Mira4aau z• l ,J 2 E Euclid Ave z ,_- e42-. Iz t..'. & '61- i 2y n R�`P1 �V. ..a:z`^ _ - E Ititllar P. �i Liberty Indiana Ave 6N Indiana m 325 m 327i Lake 448/ ;'3% 1 it c m 1. n _ t N w x, z 9--I a , 388 `,, 326 28I i 447 -Ippr- z Z E. a L Z - - .,i R- Coca CT d m 6` o — —e , z i Wiry VE to z z c r e a Spokane 334 442 ° a Aw n z z z Valley '.1- z 1'391 e' 9 Z Z 59 e q,. —._ ' 1, 3 2.— A�S $PraCi.r AY E.S rag A+,e ,. �— E 4th Ave r _ E 36 ,k u�r�^4,e, r �' Pr .w AoandonRR h_� f E tiro Ave Coach D l `L. m t. -}c 3�d A+,e �c ¢b I., m 4 Sva '' Y � � . 8 E 121h Aw 389 444 � Zw s ---- s� `� mCe_ y ° y'� ° a E 16th AveAce "C ; 0 r4,,8I =lTI v1 o a ( 2i' > A C 24111 Ave 4,e(41 ...'-m s .. 3 0=' E 32nd Ave CL�. SA g .com «I4l' �C•�]5 ) _ I !td E'44th A ' z r I yga .. — �7y /f .5j 1 1 , r m vi S K MS14 Lhn^'�amcse �a u; Cal. a South Barker Road Travel Shed - Transportation Analysis Zones by Jurisdiction r,- z Q a 1 [—I Spokane Valley TAZs e m F _! �- 1-1 Liberty Lake TAZs @ _ �T 4N �� -_� ,%: - Spokane Countylig } 4TAZs / /� ! M1 ;\, 4,— �cr" f� . ) / Cl /. .. South Barker — Contributing Jurisdictions SOaane �ye Through the processes of the impact fee rate study (2020) for the South Barker Corridor area, similar rates were developed for the adjacent jurisdictions. ■ A jurisdiction may not implement impact fees into an adjacent jurisdiction without a signed interlocal agreement. These rate studies are intended as a baseline for discussion with adjacent jurisdictions for future agreements. An additional methodology was used to calculate the cost-per-trip of each vehicle through the three project areas. This type of calculation is sometimes the preference of developers or agencies because it relates specifically to the Capital Improvement Project rather than 5 projected growth in the analysis zone. SCITSOkane South Barker — ContributingJurisdictions P valley � The rate study for TAZ (Transportation Analysis Zone) areas in the City of Liberty Lake was provided to Liberty Lake for review on July 6, 2021 with comments provided on July 15, 2021. The comments provided by Liberty Lake were similar to those provided during the review of the underlying South Barker Corridor Study. Spokane Valley staff compiled responses to those comments as provided during the corridor study. The rate study for TAZ areas in Spokane County was provided to Spokane County for review on July 6, 2021 with questions provided and responded to regarding the process and assumptions. No comments requiring revision were received. 6 [�I CITSOkan�e� Impact Fees : Jurisdictional Rate Comparison r valley� Spokane Liberty *.Spokane Valley2 e2 County Overall cost per vehicle trip' $1,153 $657 $3,859 210 Single Family&Duplex per dwelling unit $1,084 $617 $3,627 Residential 220 Multi-Family(Low-Rise)-Not Close to Rail Transit per dwelling unit $588 $335 $1,968 310 Hotel (3 or More Levels) per room $680 $387 $2,277 Services 492 Health Club per sq ft $3.98 $2.27 $13.31 912 Bank per sq ft $15.74 $8.97 $52.70 520 Elementary School per employee' $2,052 $1,169 $6,869 Institution 522 Middle School per employee' $2,236 $1,274 $7,486 525 High School per employee" $1,856 $1,057 $6,213 975 Drinking Establishment per sq ft $7.46 $4.25 $24.99 Restaurant 934 Fast Food Restaurant(with drive-thru) per sq ft $17.13 $9.76 $57.36 938 Coffee Shop with Drive-Thru(no indoor seating) per lane2 $1,912 $1,089 $6,401 820 Shopping Center per sq ft $2.78 $1.59 $9.32 Retail 841 Automobile Sales-Used/New per sq ft $4.32 $2.46 $14.47 945 Convenience Store/Gas Station-GFA(4-5.5k) per pump $8,921 $5,082 $29,861 110 Light Industry/High Technology per sq ft $0.75 $0.43 $2.51 140 Manufacturing per sq ft $0.85 $0.49 $2.86 Industrial 150 Warehousing per sq ft $0.21 $0.12 $0.69 151 Mini-Storage per unit $19.37 $11.03 $64.83 710 General Office per sq ft $1.66 $0.95 $5.56 7 Office 720 Medical Office/Clinic per sgft $4.53 $2.58 $15.17 750 Office Park per sq ft $1.50 $0.85 $5.02 SCITSOka Mite ation Fees : Cost Per Pro ect TripPy g J �Valley. This process does not Table 1 Cost Per PM Peak Trip Per Project Calculations account for where trips New PM Peak Eligible Segment or Cost per PM • Tris are generated. -:eat Project Cost Intersection Accommodated Peak Trip Costs are based on total Barker Rd Improvement - $3,146,000 Barker n/o 1,335 $2,356 Mission to 1-90 Boone added capacity of the Barker Rd Improvement - Barker s/o capital project as 1-90toAppleway $6,501,000 Broadway 917 $7,090 compared to project Barker Rd Improvement - Appleway to South City $3,500,000 Barker s/o 531 $6 591 cost. Limit Appleway Sprague/Barker A development sending Intersection Improvement $1,790,000 Barker/Sprague 1,016 $1,762 trips across multiple 4th Ave/Barker&8th projects would have a Ave/Barker Intersection $3,500,000 Barker/4th Ave 1,405 $2,492 Improvements relatively high mitigation 8 cost. ~ [�ICITSOkane Discussion p valley Consensus to bring a Resolution to adopt the Rate Studies at a future Council meeting . Take other action deemed appropriate. 9 South Barker Corridor Transportation Impact Fee Rate Study For Liberty Lake Prepared for: City of Spokane Valley, Washington Updated January 2022 SE21-0769/ DN21-0719 FEHRk PEERS Table of Contents Introduction 1 Study Area 2 Methodology 4 Project List 5 Travel Growth 6 Comparison to Liberty Lake Adopted Impact Fee 8 Cost Allocation 8 Existing Transportation Deficiencies 9 Fair-Share Cost 9 Impact Fee Schedule 12 Trip Generation 12 Pass-By Trip Adjustment 12 Schedule of Rates 12 Appendices Appendix A— Expanded Impact Fee Schedule Appendix B—South Barker Corridor Study List of Figures Figure 1: Transportation Analysis Zones Included South Barker Corridor Study Fair-Share Analysis 3 Figure 2. Impact Fee Methodology 4 Figure 3. Impact Fee Cost Allocation 9 List of Tables Table 1. South Barker Corridor Project List and Cost Estimates (cont. on next page) 5 Table 2. Growth in Study Area PM Peak Hour Vehicle Trips (2015-2040) 7 Table 3. Percent of 2040 Traffic on Barker Road Attributable to Study Area 10 Table 4. Cost Per PM Peak Hour Trip Calculations 10 Table 5. Impact Fee Schedule 13 Table 6. Expanded Impact Fee Schedule 14 This page intentionally left blank. Introduction This report documents the methods, assumptions, and findings of a transportation impact fee (TIF) rate study for the South Barker Corridor in Spokane Valley specifically for development near the corridor in Liberty Lake.A TIF Rate Study for development withing Spokane Valley that impacts traffic was adopted by City of Spokane Valley City Council on December 15, 2020. The need for a TIF is identified in the South Barker Corridor Study(Feb 2020, adopted by the City of Spokane Valley City Council on December 15, 2020), which documented the growth along the corridor, projected how that growth will degrade traffic operations along Barker Road, and identified several transportation capacity projects to support growth and ensure adequate level of service through the year 2040. That study identified the needed future improvements along the corridor, completed project cost estimates, and included a fair share cost analysis to separate project costs between growth in Liberty Lake and growth from other parts of the region. Without improvements on this corridor the residents and businesses in Liberty Lake near Barker Road will experience the traffic impacts on South Barker Road as part of their daily travel. This TIF rate study builds on the South Barker Corridor Study and identifies a Growth Management Act (GMA) compliant impact fee rate schedule per development unit.The City of Spokane Valley understands that it cannot impose a GMA impact fee on another community, but the State Environmental Policy Act requires that all projects disclose traffic congestion impacts that result from implementation of the project and to identify feasible mitigation to reduce the significance of the impact. Therefore, this TIF rate study was prepared to calculate the fair share mitigation fee for Barker Road improvements that are required to support development in Liberty Lake.This TIF rate study uses the same methodology as the as the Rate Study prepared for Spokane Valley development that was adopted by City of Spokane Valley City Council on December 15, 2020; a similar TIF rate study has also been prepared for development in Spokane County. By using a consistent methodology, development in any jurisdiction along the Barker Road corridor can be assured they are paying their fair share for future capacity improvements. It is our understanding that some developers may not agree with the GMA-based impact fee identified in this report.Therefore, we have identified an alternative method to address the documented significant traffic operations impacts of development in Liberty Lake on Barker Road. Under this alternative methodology, a detailed traffic study would be required to track all trips generated by planned development that would use different sections of the Barker Road corridor and pay their fair share to the roadway and intersection improvements to meet Spokane Valley's LOS standard. A review of several sample projects indicates that this alternative analysis method generally results in a higher mitigation fee for developers and has substantial costs to hire a traffic engineer to prepare the study. Therefore, the City of Spokane Valley considers payment of the GMA-based fee to be a solid approach to promote development and economic activity in Liberty Lake but also ensure that Spokane Valley residents and development are not left with a disproportionate share of the cost to accommodate traffic and traffic- related impacts coming from Liberty Lake. South Barker Transportation Impact Fee Rate Study for Liberty Lake Updated January 2022 Study Area The South Barker Corridor extends along Barker Road from Mission Avenue to the south city limits of Spokane Valley. The South Barker Corridor Study defined the impact fee area for the South Barker Corridor as shown in Figure 1. Figure 1 shows the portions of Spokane Valley, Liberty Lake, and unincorporated Spokane County near the South Barker Corridor where development would have the greatest impact on traffic in the corridor. The area was defined using a select zone analysis from the Spokane Regional Transportation Council (SRTC) regional travel demand model to quantify the impact of the transportation analysis zones (TAZs) near the corridor. Combined, this area is expected to contribute between 45% and 52% of future traffic on South Barker Road (depending on the segment of Barker Road). It should be noted that development in the Northeast Industrial Area (north of the Spokane River) also contributes to traffic on the Barker Road corridor north of 1-90.A separate Planned Action Ordinance to assess SEPA mitigation fees for projects on Barker Road north of 1-90 was previously prepared for the Northeast Industrial Area. Fair share fees are currently being collected from development in the PAO to fund traffic mitigation projects on Barker Road north of 1-90 based on a fair share analysis performed as part of that project.The financial contributions from the Northeast Industrial Area are accounted for in this TIF rate study. The South Barker Corridor TIF rate for Liberty Lake provided in this study would apply to any new development in the Liberty Lake TAZs identified in the South Barker Corridor Study, which is the area shaded in green on Figure 1.This includes the following TAZs:442, 447, and 448 and is generally the area west of Harvard Road and Liberty Lake Road. This area will be referred to in this report as the South Barker Corridor Liberty Lake TIF area. Based on the analysis provided in the South Barker Corridor Study, future development in the South Barker Corridor Liberty Lake TIF area is expected to contribute between 16% and 18% of future traffic on the South Barker Corridor between Mission Avenue and Appleway Avenue - depending on the segment of the corridor. rr •1 Figure 1: Transportation Analysis Zones Included South Barker Corridor Study Fair-Share Analysis South Barker Transportation Impact Fee Rate Study for Liberty Lake Updated January 2022 Methodology The impact fee for the South Barker Corridor is based on the fair share of transportation improvement costs that may be charged to new development in the area. Revised Code of Washington Section 82.02.050 authorizes cities planning under the GMA to impose impact fees for system improvements that are reasonably required to support and mitigate the impacts of new development. Fees may not exceed a proportionate share of the costs of improvements and cannot be used to fund existing deficiencies. Understanding that Spokane Valley cannot implement impact fees in Liberty Lake, this study is intended to demonstrate the impact of development in Liberty Lake on the South Barker Corridor and quantify the fair share fees to mitigate Liberty Lake's impacts using the same methodology that was applied to development in Spokane Valley. Figure 2. Impact Fee The following key points summarize the process for developing the impact fee Methodology structure (refer to Figure 2): Projects and costs • The South Barker Corridor Study identified a list of future projects to identified (from the South Barker Corridor Study) address unacceptable levels of service and estimated costs along Barker Road that will be needed to support future growth through the 1 year 2040. Eligible project costs • The South Barker Corridor Study also accounted for any existing identified (from South deficiency (intersections/roadway segments that do not meet current Barker Corridor Study) level of service standards) by deducting the costs of those deficiencies from the total project cost. • The South Barker Corridor Study next assigned the fair share of each Fair share of each project to southeast Spokane project's cost to Liberty Lake and other nearby areas as mapped in Valley identified (South Figure 1. Barker Corridor Study) • The forecast growth in PM peak hour vehicle trips in relevant portion of Liberty Lake was estimated by converting the forecast land use growth in the SRTC regional travel demand model using the Institute Forecast growth in PM of Transportation Engineers (ITE) Trip Generation Manual, 10th Edition. peak hour vehicle trips in southeast Spokane Valley • A cost per PM peak hour vehicle trip was calculated by dividing the fair share cost of each project by the growth in vehicle trips from this area of Liberty Lake. • Lastly, a land use-based fee schedule was developed using the cost Growth cost allocation (cost per PM peak hour per PM peak hour vehicle trip calculated above.Trip rates for multiple vehicle trip) land use categories were estimated using vehicle trip generation rates from the ITE Trip Generation Manual, 10th Edition. Using the ITE Trip Generation Manual will provide consistency between a project trip Impact Fee Schedule generation letter or traffic impact study and the impact fee rate. pr r 01 The following sections describe in detail these elements that that are integral to the final impact fee schedule. Project List The South Barker Corridor Study, completed in July 2019, updated in February 2020, and adopted by the City of Spokane Valley on December 15, 2020 pursuant to Ordinance No. 20-026, included an analysis of traffic demand through the year 2040 to identify traffic improvement projects on the segment of Barker Road between Mission Avenue and the south City limits of Spokane Valley.That study identified a total of eight projects that will be needed by 2040 to accommodate future growth and maintain level of service standards (i.e., avoid significant and unavoidable transportation impacts). Those projects, and costs in 2020 dollars, are shown in Table 1.Three of the projects include improvements to the Barker Road/I-90 interchange that will primarily be the responsibility of the Washington Department of Transportation (WSDOT). At this time, there are no anticipated costs to the City of Spokane Valley(COSV) for these projects.Therefore, the five projects identified in the South Barker Corridor Study for which COSV would be responsible for funding total approximately$18.8 million in 2020 dollars (note:these costs have been updated from the cost estimates in the South Barker Corridor Study to account for construction cost inflation and/or more detailed cost estimates by COSV). Table 1. South Barker Corridor Project List and Cost Estimates (cont. on next page) Agency COSY Cost Project Description Program Estimate(2020 Responsible dollars) Constructed in 2020 90 Eastbound Ramp/ Reconstruct intersection with single- Barker Road Interchange lane roundabout and two eastbound Horizon 2040 WSDOT N/A Interim Improvements approach lanes; realign east leg of Plan (#12) Broadway 90 Westbound Ramp/ Reconstruct intersection with single- Barker Road Interchange lane roundabout and two southbound Horizon 2040 WSDOT N/A Interim Improvements approach lanes;convert Barker/Boone Plan (#12) to right-in/right-out Near-Term(2021-2024) Sprague/Barker Reconstruct intersection with single- 2021-2026 Intersection lane roundabout TIP(#28) COSV $2,139,000 Improvements Mid- Term(2025-2030) AIL 4 Replace Barker Rd. Bridge,widen to 4- 90/Barker Road lanes from Boone Ave.to Broadway; I-Interchange Long Term reconstruct both intersections to 2-lane Horizon 2040 WSDOT Not anticipated Improvements roundabout; reconstruct Barker/I-90 Plan (#12) at this time WB ramp intersection to six-leg roundabout with Boone Avenue South Barker Transportation Impact Fee Rate Study for Liberty Lake Updated January 2022 Agency COSV Cost Project Description Program Estimate (2020 Responsible dollars) Barker Road Improvement Project— Widen and improve to 5-lane urban 2021-2026 COSV $6,501,000 Appleway to 1-90 section; roundabout @ Broadway TIP (#44) Barker Road Widen and improve to 5-lane urban 2021-2026 Improvement Project— COSV $3,146,000 Mission to 1-90 section TIP (#61) Long-Term (2031-2040) Barker Road Reconstruct and widen north of Improvement Project— Sprague to 3-lane urban section, and 2019-2024 COSV $3,500,000 Appleway to South City south of Sprague to 2-lane urban TIP (#20) Limits section 4th Avenue/Barker&8th Reconstruct 4th Ave.and 8th Ave. Avenue/Barker 2019-2024 Intersection intersections with single-lane TIP (#21) COSV $3,500,000 Improvements roundabouts TOTAL $18,786,000 Source:South Barker Corridor Study(February 2020).Costs were updates to 2020 dollars based on the COSV 2021-2026 TIP for all projects except Barker Road Improvement Project—Mission to 1-90.Cost for that project was updated using construction inflation rates. Note:Horizon 2040:SRTC Long Range Transportation Plan;TIP:City of Spokane Valley Transportation Improvement Plan. Travel Growth Determining the growth in travel demand caused by new development is a key requirement for a TIF program. In nearly every TIF program across Washington and the country, the total eligible cost of building new transportation capacity is divided by the total growth in trips to determine a cost per trip. All developments pay the same cost per trip, but larger developments that generate more trips pay a higher total fee than smaller developments. In this way, the cost to provide the new transportation infrastructure is fairly apportioned to new development. Moreover, in setting the boundary for the TIF, a select zone analysis was performed to validate that all the areas within the TIF area contributed a meaningful amount of total traffic to Barker Road between Mission Avenue and Appleway Avenue (in this case, each of the three Liberty Lake TAZs contribute at least five percent). The amount of traffic varies somewhat based on which segment of Barker Road is evaluated and which TAZ the project resides in, but in all cases each of the three identified TAZs within the TIF area contribute a similar proportion of the total Liberty Lake traffic along the corridor. For the South Barker Corridor Liberty Lake TIF, the future growth in PM peak hour vehicle trips was estimated using the change in land use in the study area from the 2015 and 2040 SRTC regional travel demand model as well as trip rates from the ITE Trip Generation Manual, 10th Edition.The SRTC travel demand model includes 11 land use categories: two residential and nine non-residential categories. For each land use in the SRTC model, an associated ITE trip rate was identified. Total PM peak hour vehicle rr trips within the study area were calculated by multiplying the PM peak hour trip rate identified by ITE by the forecast growth (from 2015 to 2040) in dwelling units, employees, or hotel rooms, depending on the land use.Table 2 summarizes the calculation. Table 2. Growth in Study Area PM Peak Hour Vehicle Trips (2015-2040) ITE Average Growth in SRTC Land Use (LU) 2015 2040 Unit of ITE Code ITE Description Trip Rate 1 Trips(LU LU Growth Measure growth x (PM peak hr.) trip rate) Single Family Dwelling Single-Family Detached 353 210 0.99 349 Residential Units Housing Multi-Family Dwelling Multifamily Housing 1,576 220 0.56 883 Residential Units (Low-Rise) Hotel/Motel 75 Rooms 310 Hotel 0.60 45 Agriculture, Forestry, Mining, Industrial, 1,002 Employees 110 General Light Industrial 0.49 449 Manufacturing, Wholesale Retail Trade (Non- Central Business 196 Employees 820 Shopping Center 1.62 318 District) Services and Offices 939 Employees 710 General Office Building 0.40 376 Finance, Insurance, and Real Estate 0 Employees N/A N/A N/A 0 Services (FIRES) Medical 0 Employees N/A N/A N/A 0 Retail Trade (CBD) 0 Employees N/A N/A N/A 0 Education Employees 0 Employees N/A N/A N/A 0 University Employees 0 Employees N/A N/A N/A 0 Total Growth in PM Peak Hour Trips 2,4612 1.ITE Trip Generation Manual, 10'Edition;average trip rate of adjacent street traffic 4-6 PM was used for all land uses given growth will occur among developments of various sizes. 2.Estimated growth in trips differ from the findings in the South Barker Corridor Study because estimates in this study are based on the ITE trip generation rates as opposed to trip growth outputs of the SRTC regional travel demand model. Using this methodology, it is forecast that the South Barker Corridor Liberty Lake TIF area would generate about 2,461 new PM peak hour vehicle trips by 2040. This total PM peak hour vehicle trip is one of the key foundations of calculating the TIF rate. Note: the trip growth by 2040 differs from the trip growth estimated in the South Barker Corridor Study as the estimate in this report is based on ITE trip rates derived from forecast land use growth, while for the South Barker Corridor Study trip generation was South Barker Transportation Impact Fee Rate Study for Liberty Lake Updated January 2022 pulled directly from the SRTC regional travel demand model. ITE Trip rates were used to develop the TIF rate since this is the most common method used when traffic impact analysis and trip generation letters are prepared.This conversion of trips is necessary in order to develop costs per unit of development as opposed to cost per trip. It should also be noted that the conversion based on ITE trip rates results in a higher number of estimated trips and ultimately lower per-trip fees than the land use conversion method used in the South Barker Corridor Study. Comparison to Liberty Lake Adopted Impact Fee It should be noted that Liberty Lake adopted a transportation impact fee to assess developments within Liberty Lake for various transportation improvement projects in Liberty Lake, which is documented in a report titled: Harvard Road Mitigation Plan Update 2013. Similar to the methodology used in this study, that report also used ITE trip generation rates as a basis for estimating peak hour trips from planned development.The future land use (and traffic forecasts) from that study assume full build-out based on current zoning and historic development patterns, while this report is based on a 2040 horizon year for land use growth and associated traffic growth as forecast in the SRTC Regional Travel Demand Model. The Harvard Road Mitigation Plan Update 2013 forecasts over 8,000 new PM peak hour trips for the area that overlaps with the Barker Road Corridor Liberty Lake TIF area. Using the methodology described above, this rate study forecasts 2,461 new PM peak hour trips between 2015 and 2040 in the Barker Road Corridor Liberty Lake TIF area. Most of the discrepancy between these two numbers is likely due to the fact that the SRTC Travel Demand Model does not forecast full build out in Liberty Lake west of Harvard Road by 2040. As of 2013, that study established a impact fee of$762.53 per peak hour trip to pay for transportation projects in Liberty Lake that will mitigate the impact of development (the study also notes that the rate should be updated every two years). Cost Allocation Two steps were used to allocate costs per PM peak hour trip, see Figure 3. First, the TIF methodology must separate the share of project costs that address existing deficiencies from the share of project costs that add transportation capacity and serve new growth. Second, resulting growth-related improvement costs are then further separated to identify the share of growth related to land development in Barker Road Corridor Liberty Lake TIF area. It should be noted that dedicated funding from external sources (state/regional grants, other mitigation payments, etc.) is considered in the impact fee eligible costs, if the dedicated funding exceeds the share of costs caused by growth outside of the TIF areas.This is currently not the case, thus non-City funding sources were not excluded from the total eligible project cost. pr r Figure 3. Impact Fee Cost Allocation STEPS Project List $18.8 M 4 0 Future Growth Existing Deficiency 518.8 M $0 7 0 Liberty Lake NE Industrial COSV TIF Share County TIF Share Outside TIF Areas TIF Share Area PAO $1.6M $3.7M $4.2M $317 K Eligible Impact Fee Other Funds Needed $1.6 M $9.0 M Existing Transportation Deficiencies An existing conditions analysis was conducted as part of the South Barker Corridor Study, which identified existing level of service deficiencies at the Barker Road and 1-90 intersections. A deficiency at an intersection is defined as a level of service rating of E or lower at a signalized intersection or level of service F at an unsignalized intersection as established in the Spokane Valley Comprehensive Plan. Since the three projects at the Barker Road and 1-90 interchange are expected to be funded by WSDOT, the cost of these projects was not included in the total project cost for the South Barker Corridor. No other locations along the corridor were identified as having an existing deficiency. Therefore, no costs were deducted from the total project cost on account of an existing deficiency. Fair-Share Cost With deficiencies accounted for, all the remaining project costs are related to supporting new growth in trips that will be funded by COSV. However, not all the growth comes from development in the South Barker Corridor Liberty Lake TIF area—there is a portion of growth that comes from Spokane Valley and other surrounding jurisdictions.To ensure that the costs assessed to development as part of the TIF are fair and proportional to the impact, a fair share percentage was used. The South Barker Corridor Study identified the percentage of traffic growth in three different segments of the South Barker Corridor that are expected to be attributable to development in the South Barker Corridor Liberty Lake TIF area. This was done using a select zone analysis in the 2040 SRTC travel demand model.The percentage ranges from less than 5% in the south end of the corridor to 18% in the north end of the corridor as shown in Table 3. Given less than 5% of traffic south of Appleway Avenue is generated by trips from the Liberty Lake the cost of projects in that segment of the corridor were excluded from the fee. South Barker Transportation Impact Fee Rate Study for Liberty Lake Updated January 2022 Table 3. Percent of 2040 Traffic on Barker Road Attributable to Study Area Segment of Barker Road Liberty Lake (TIF Area) North of 1-90 18% 1-90 to Appleway Avenue 16% South of Appleway Avenue 2% Source:South Barker Corridor Study The fair share percentages were multiplied by the eligible cost of each project in the corridor to get the cost of growth-related transportation improvements on the South Barker Corridor that is expected to be attributable to development in the South Barker Corridor Liberty Lake TIF area.This equates to $1,606,440. This cost was divided by the forecast new PM peak hour trips generated by new development in this area (2,461) to arrive at a cost per new PM peak hour vehicle trip of$653. Table 4. Cost Per PM Peak Hour Trip Calculations Cost to Address Cost Project Cost Eligible TIF Area Fair Project Attributable to (to COSV) Existing Project Cost Share Percent Deficiencies Study Area 1-90 Eastbound Ramp/ Barker Road Interchange N/A N/A N/A N/A N/A Interim Improvements 1-90 Westbound Ramp/ Barker Road Interchange N/A N/A N/A N/A N/A Interim Improvements Sprague/Barker $2,139,000 $0 $1,790,000 N/A $0 Intersection Improvements I-90/Barker Road Not None None Interchange Long-Term anticipated at $0 anticipated at N/A anticipated at Improvements this time this time this time Barker Road Improvement $6,501,000 $0 $6,501,000 16% $1,04,160 Project—Appleway to 1-90 Barker Road Improvement $3,146,000 $0 $3,146,000 18% $566,280 Project—Mission to 1-90 Barker Road Improvement Project—Appleway to $3,500,000 $0 $3,500,000 N/A $0 South City Limits 4th Avenue/Barker&8th Avenue/Barker Intersection $3,500,000 $0 $3,500,000 N/A $0 Improvements SUBTOTAL $18,786,000 $0 $18,786,000 Varies $1,606,440 PM Peak Trips 2,461 Cost Per PM Peak Trip $653 rig When taking all the above calculations into consideration, the South Barker Corridor Liberty Lake TIF would contribute up to nine percent of the total $18.8 million eligible cost of the improvement projects on the South Barker Corridor. City matching funds, regional funds, new grants, TIFs from Spokane Valley development, fees collected from the Northeast Industrial Area PAO, and other sources would provide the remaining 91 percent of the total project costs. South Barker Transportation Impact Fee Rate Study for Liberty Lake Updated January 2022 Impact Fee Schedule The impact fee schedule was developed by adjusting the cost per PM peak hour vehicle trip to reflect differences in trip-making characteristics for the general land use types forecast in the SRTC regional travel demand model.The fee schedule is a table where fees are represented as dollars per unit for each land use category which makes it easier for developers to calculate their impact fee rates.Table 5 shows the various components of the fee schedule. Trip Generation Trip generation rates for each land use type in the PM peak hour were derived from average trip rates for selected land uses of the ITE Trip Generation Manual, 10th Edition to ensure consistent and repeatable calculations across all land uses. Pass-By Trip Adjustment The ITE trip generation rates represent total vehicles entering and leaving a development. For certain land uses (e.g., retail, convenience stores, etc.), a substantial amount of the motorized travel is already passing by the property and merely turns into and out of the driveway.These pass-by trips do not add trips to the surrounding street system and therefore are subtracted out prior to calculating the impact fee. The resulting trips are considered "new" trips and are therefore subject to the impact fee calculation. The pass- by trip percentages are taken from the ITE Trip Generation Handbook, 3rd Edition (2017). Schedule of Rates The proposed impact fee rates are shown in Table 5.An expanded table of land uses is provided in Table 6 in Appendix A. In the fee schedule, fees are shown as dollars per unit of development for various land use categories. The impact fee program is flexible in that if a use does not fit into one of the ITE land use categories listed, an impact fee can be calculated based on the development's projected net PM peak hour vehicle trip generation (accounting for pass-by trips) and multiplied by the cost per PM peak hour trip of$653 as shown in Table 5. Projects with land uses not in Table 5 or Table 6 shall prepare a trip generation and distribution letter and will be responsible for a fee based on $653 per PM peak hour vehicle trip. 01 Table 5. Impact Fee Schedule L_ South Barker Corridor Liberty Lake Transportation Impact Fee Rate Schedule PM Peak Vehicle Passby Adjusted Trips Impact Fee Per Unit 4 @ ITE Code ITE Land Use Category 2 per Unit of Trip Rate Measures $653 per PM Peak Vehicle Trip 210 Single Family&Duplex 0.94 0% 0.94 $614 per dwelling unit 220 Multi-Family(Low-Rise)-Not Close to Rail Transit 0.51 0% 0.51 $333 per dwelling unit 310 Hotel(3 or More Levels) 0.59 0% 0.59 $385 per room 520 Elementary School 0.16 0% 0.16000 $104.44 per student 5 630 Medical Clinic 0.00369 0% 0.00369 $2.41 per sq ft 710 General Office 0.00144 0% 0.00144 $0.94 per sq ft 820 Shopping Center 0.0034 29% 0.00241 $1.58 per sq ft 1 ITE Trip Generation Manual(11th Edition):4-6 PM Peak Hour Vehicle Trip Generation Rates for the Adjacent Street Traffic(weekday 4-6PM);This worksheet represents only the generalized land uses in the SRTC regional travel demand model and is NOT all-inclusive;see Table 6 for a wider variety of uses;Projects with land uses not in Table 5 or 6 will be responsible for a fee based on$653 per PM peak hour trip. 'Pass by rates were updated based on the Pass-By Data and Rate Tables/2021 Pass-By Tables for ITETripGen Appendices,11th Edition 3 PM peak trip rate excluding passby trips °sq ft=square feet,room=available hotel/motel room 5 ITE also includes an employment-based trip rate which may be used if approved by Spokane Valley 13 Appendix A - Expanded Impact Fee Schedule Table 6. Expanded Impact Fee Schedule South Barker Corridor Liberty Lake Transportation Impact Fee Rate Schedule 11� Adjusted Vehicle Land Use Group .ITE Code PM Peak ITE Land Use Category Passby% Trips per Unit Trip r of Measure Impact Fee Per Unit°@ $653 per PM Peak Vehicle Trip Rate 210 Single Family&Duplex 0.94 0% 0.94 $614 per dwelling unit Residential 220 Multi-Family(Low-Rise)-Not Close to Rail Transit 0.51 0% 0.51 $333 per dwelling unit 310 Hotel(3 or More Levels) 0.59 0% 0.59 $385 per room Services 492 Health Club 0.00345 0% 0.00345 $2.25 per sq ft 912 Bank 0.02101 35% 0.01366 $8.91 per sq ft 520 Elementary School 0.16 0% 0.16000 $104.44 per student s Institution 522 Middle School 0.15 0% 0.15000 $97.91 per students 525 High School 0.14 0% 0.14000 $91.38 per student s 975 Drinking Establishment 0.01136 43% 0.00648 $4.23 per sq ft Restaurant 934 Fast Food Restaurant(with drive-thru) 0.03303 55% 0.01486 $9.70 per sq ft 937 Coffee Shop with Drive-Thru 0.03899 89% 0.00429 $2.80 per sq ft 820 Shopping Center 0.0034 29% 0.00241 $1.58 per sq ft Retail 841 Automobile Sales-Used/New 0.00375 0% 0.00375 $2.45 per sq ft 945 Convenience Store/Gas Station-GFA(4-5.5k) 22.76 66% 7.74 $5,051 per pump 110 Light Industry/High Technology 0.00065 0% 0.00065 $0.42 per sq ft 140 Manufacturing 0.00074 0% 0.00074 $0.48 per sq ft Industrial 150 Warehousing 0.00018 0% 0.00018 $0.12 per sgft 151 Mini-Storage 0.00015 0% 0.00015 $0.10 per sq ft 710 General Office 0.00144 0% 0.00144 $0.94 per sq ft Office 720 Medical Office/Clinic 0.00393 0% 0.00393 $2.57 per sq ft 750 Office Park 0.0013 0% 0.00130 $0.85 per sq ft 1 ITE Trip Generation Manual(11th Edition):4-6 PM Peak Hour Vehicle Trip Generation Rates for the Adjacent Street Traffic(weekday 4-6PM);This worksheet represents only the most common uses in southeast Spokane Valley and is NOT all-inclusive;Projects with land uses not in Table 5 or 6 will be responsible fora fee based on$653 per PM peak hour trip. z Pass by rates were updated based on the Pass-By Data and Rate Tables/2021 Pass-By Tables for ITETripGen Appendices,11th Edition 3 PM peak trip rate excluding passby trips a sq ft=square feet,pump=vehicle fueling position(VFA),room=available hotel room s ITE also includes an employment-based trip rate which may be used if approved by Spokane Valley FEHR' PEERS Appendix B - South Barker Corridor Study FEHR4 PEERS • 1.1, • _ . . • ..,. •• ---••• • • ••- . .„.. 740110"r•- • •:,... --i,--1'''' 44116- ..,- - 1-',.. .. :. . 1.,,f..--s .,„...,,,•••14,-1 .;.,;.‘----- .,--. 4- - -.4., -....- .-- - .-:„ .••'--'4-.:-. -5.:-' . •.••'.' 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', . • -.., t....ss . . ...,..._\..• _ tei t gi, _ , . :,,, ;., „„ .4 _ '''''" . :, ...... 4-- \ . • -\ , I ..7. '. _---- ..............1"c•r-4,4kr_lu.,_,-- - FEHR -.''11' PEERS SOkane FINAL REPORT I UPDATED FEBRUARY 2020 .00'Valley Contents Introduction 3 Methods &Assumptions 5 Existing Conditions 9 1-90 Interchange Interim Improvements Summary& Findings 13 2040 Analysis & Findings 15 2040 Recommendations 23 Implementation 26 Conclusions 32 List of Figures Figure 1. Study Area Intersections 4 Figure 2: Level of service description and delay thresholds at intersections 8 Figure 3. Existing conditions traffic volumes and lane configurations 10 Figure 4. Existing conditions level of service and delay 11 Figure 5. Existing AM peak hour queue lengths at the Barker Road/I-90 interchange 12 Figure 6. Existing PM peak hour queue lengths at the Barker Road/I-90 interchange 12 Figure 7. Barker Road/I-90 Interchange Interim Concept proposed by WSDOT 13 Figure 8. Barker Road/I-90 westbound ramp intersection— revised Interim Concept 14 Figure 9. Year 2028 SimTraffic LOS results under the "hook ramp" concept at the Barker Road/I-90 westbound ramp 15 Figure 10. 2040 conditions traffic volumes and lane configurations 16 Figure 11. 2040 Barker Rd/I-90 eastbound ramp intersection concept (same as Barker Road IJR preferred alternative) 18 Figure 12. 2040 Barker Rd/I-90 westbound ramp intersection concept (modified from Barker Road IJR preferred alternative) 18 Figure 13. 2040 conditions level of service and delay. 19 Figure 14. Volume-to-capacity ratio in 2040 for Barker Road/I-90 interchange roundabouts. 19 Figure 15. Volume-to-capacity ratio, LOS and/or delay in 2040 with mitigations. 20 Figure 16. Pros and cons of a roundabout versus a traffic signal at Barker Road/Sprague Avenue intersection. 21 Figure 17. Diverging roundabout concept. 22 Figure 18. 2040 volume-to-capacity ratio and 95%queue with a single-lane diverging roundabout. 22 Figure 19. Pros and cons of a two-lane versus three-lane configuration south of Appleway. 25 Figure 20. South Barker Road projects and cost estimates to be implemented through year 2040. 26 Figure 21. Transportation analysis zones by jurisdiction included in the fair-share cost analysis. 28 Figure 22. Percent of 2040 Barker Road traffic generated by jurisdiction. 29 Figure 23. Fair-share cost by jurisdiction and project 30 Figure 24. Cost per PM peak hour trip from new development (2015-2040) in Spokane Valley 31 Figure 25. Cost per PM peak hour trip from new development (2015-2040) by jurisdiction. 32 SOUTH BARKER CORRIDOR STUDY v8 2/7/20 Updated Report INTRODUCTION This report presents the findings and recommended improvements of the South Barker Corridor Study. The purpose of the South Barker Corridor Study is to analyze traffic demands through year 2040 and identify potential traffic improvement projects on the segment of Barker Road between Mission Avenue and the South City Limits in Spokane Valley,Washington.The study includes planning-level cost estimates of improvements and an estimate of the proportion of traffic along segments of the corridor from adjacent jurisdictions (Liberty Lake and Spokane County) to assist in developing potential mitigation fee payments for the new development that is occurring in this part of the Spokane region. In addition, this study analyzed traffic operations at the Barker Road/I-90 interchange under the WSDOT interim concept (year 2020) and long-term concept (by year 2040) to verify that the proposed interchange improvements will operate adequately and serve the planned growth in Spokane Valley and the surrounding area. Based on the analysis, guidance is provided to WSDOT on the City of Spokane Valley's preferred interim and long- term improvements for the 1-90 interchange. Study Area The study area includes the Barker Road corridor between Mission Avenue and the South City Limits on the east side of Spokane Valley.The following 10 intersections along Barker Road were included in the study and mapped in Figure 1. 1. Barker Road/Mission Avenue 2. Barker Road/Boone Avenue 3. Barker Road/I-90 westbound ramp/Cataldo Avenue 4. Barker Road/I-90 eastbound ramp 5. Barker Road/Broadway(east) 6. Barker Road/Broadway(west) 7. Barker Road/Appleway Avenue 8. Barker Road/Sprague Avenue 9. Barker Road/4th Avenue 10. Barker Road/8th Avenue City of Spokane Valley 3 I P a g e SOUTH BARKER CORRIDOR STUDY v8 2/7/20 Updated Report Figure 1.Study Area Intersections Mission A, Maxweli kr Li Sint° Ay it Sharp Ay L7 Boone Av$ G°'o Air V Br-Oarayr Broadway Av 4a.- Alkl Av Pg pJ pp E PO ID 2Ea E E. Sprague Ay 2nd Av Srd Av 4th Aid Sth AM 0 2 11 I" 9th Ay ..., loth � ; 1__-, _� `' , City of Spokane Valley Wage SOUTH BARKER CORRIDOR STUDY v8 2/7/20 Updated Report METHODS & ASSUMPTIONS The following methods and assumptions were applied to forecast traffic and analyze traffic operations as part of this Study. Land Use Assumptions Traffic volumes at each of the study intersections were estimated using the current version of the SRTC 2015 and 2040 regional travel demand models, which was last updated in December 2017. Fehr & Peers received a copy of the SRTC travel demand model on January 9, 2018. Land use assumptions were reviewed by the project technical advisory committee (TAC) on May 17, 2018 which is comprised of staff representing Spokane Valley, Liberty Lake,Spokane County,WSDOT and SRTC.The TAC approved the land use assumptions on June 1, 2018 with three comments, including providing a comparison to what is assumed in the Spokane Valley Comprehensive Plan, incorporating impacts of new grade schools, and future land use forecasts in Liberty Lake-all of which are addressed below. Detailed land use data assumed in the model is provided in the following appendices: • Appendix A — Includes a summary of the forecast 2015-2040 change in dwelling units and employees by transportation analysis zone (TAZ) near the Study Area. • Appendix B— Includes a summary of the difference in assumed land use for the TAZs around Barker Road and 1-90 between the 2015 travel demand model used for the Spokane Valley Comprehensive Plan Update (prepared in 2016) and the current 2015 SRTC travel demand model used for this study. New Grade Schools In addition to the regional travel demand model, traffic forecasts also accounted for several new grade schools planned in the vicinity by 2021.These schools are not specifically accounted for in the model and include: • A new elementary school at Long Road and Mission Avenue in Spokane Valley(opens 2018) • A new middle school at Harvest Parkway and Mission Avenue in Liberty Lake (opens 2019) • A new high school near Sprague Avenue and Henry Road in Spokane County (opens 2021) It was determined through analysis of existing and future school location and enrollment zone boundaries as well as traffic studies completed for each school that the impact to traffic volume on Barker Road in the study area from the new elementary and middle school would result in a net neutral change. It was also determined that the primary impact from the new high school will be a shift in some traffic currently making a southbound right at the Barker Road/Appleway intersection to instead make a southbound through at that intersection and a southbound left at the Barker Road/Sprague Avenue intersection. The inverse movements at the two intersections'were also adjusted. In the southbound direction, 80 vehicles in the AM peak hour and 17 vehicles in the PM peak hour were assumed to shift from making a southbound right at Barker Road/Appleway to making a southbound left at Barker Road/Sprague Avenue. In the northbound direction 37 vehicles in the AM peak hour and 19 vehicles in the PM peak hour were assumed to shift from making an eastbound left at Barker Road/Appleway to making a westbound right at Barker Road/Sprague Avenue and northbound through at Barker Road/Appleway. 1 For example,at Barker Road and Appleway Avenue southbound right turns were reduced and southbound through movements were increased by the same margin.Similarly,eastbound left turns were also reduced with northbound through movements increased by the same margin. City of Spokane Valley 5 I P a g e SOUTH BARKER CORRIDOR STUDY v8 2/7/20 Updated Report Liberty Lake Land Use Forecasts During the analysis stage, the City of Liberty Lake was in the process of updating their land use forecasts for 2040 as part of their Land Quantity Analysis. Land uses are expected to be different from the forecasts assumed in the current SRTC travel demand model, particularly in the Riverside District. Given this information was not yet available at the time of analysis,the 2015 and 2040 land use assumed for Liberty Lake in the current SRTC travel demand model was used. Assumptions regarding the future roadway network in Liberty Lake are explained below. Roadway Network Assumptions The SRTC travel demand model was also updated to account for several recent changes to the assumed 2040 roadway network as well as minor changes to the 2015 model to ensure recent projects were reflected. These changes are based on feedback provided by the project's Technical Advisory Committee (TAC),which included the City of Spokane Valley,WSDOT, Spokane County,and Liberty Lake.The changes to the network include the following. 2015 Model Changes: • Chapman Road was connected from 32nd Avenue to Barker Road just south of 12th Avenue to reflect existing conditions • The centroid connector at transportation analysis zone (TAZ) 369 was moved to load to 4th Ave and 8th Ave instead of Barker Road,which better reflects where the driveways in the area load onto the roadway network • The centroid connector at TAZ 392 was moved to load to 4th Ave instead of Barker Road • The centroid connector at TAZ 327 was moved to load onto Indiana Avenue (instead of the intersection of Barker Road/ Indiana Avenue) • A second centroid connector at TAZ 327 connecting to Mission Avenue was deleted to match the 2040 model 2040 Model Changes: • Same changes made to the 2015 model • Indiana Avenue was connected through from Barker Road to Harvard Road • Instead of a new 1-90 interchange at Henry Road (as is currently in the 2040 model), Henry Road was connected from Appleway Avenue to Mission Avenue via an overpass of 1-90, but with no 1-90 interchange; the current partial interchange at Appleway Avenue was retained • The preferred alternative for the Barker Road/BNSF Grade Separation project was assumed for the intersection of Barker Road/Trent Avenue • The south leg of the Flora Road/Trent Avenue intersection across the BNSF railroad track is assumed to close (consistent with the preferred alternative for the Barker Road/BNSF Grade Separation project) • A new link was added between Flora Road and Barker Road north of Euclid Avenue and south of Trent Avenue (to reflect the Garland Avenue connection assumed in the Northeast Industrial Area PAO) • The centroid connector from TAZ 600 is assumed to be more heavily weighted toward Barker Road (reflecting the development potential in the Northeast Industrial Area assumed as part of the Northeast Industrial Area PAO) • Barker Road was assumed to be 5 lanes from Mission Avenue to 1-90 (to reflect planned mitigations in the SEIS to the Comprehensive Plan for the Northeast Industrial Area PAO) City of Spokane Valley 6 I P a g e SOUTH BARKER CORRIDOR STUDY v8 2/7/20 Updated Report It should be noted that the following planned improvements are already assumed in the current SRTC travel demand model: • The Barker Road/I-90 interchange would be reconfigured to a standard diamond interchange with two-lane roundabouts plus slip ramps for right-turn movements at both ramps (as reflected in I-90/Barker Rd Interchange Justification Report) • Barker Road between 1-90 and Appleway Avenue would be widened to five lanes as identified in the Spokane Valley Comprehensive Plan and Transportation Improvement Plan (TIP) • A new northbound lane would be added on Harvard Road across 1-90 Traffic Forecast Methodology Near-Term Traffic Forecasts An annual growth rate of 3.0% along Barker Road was used for near-term traffic forecasts through year 2020 (based on historic growth) and an annual growth rate of both 2.0% and 3.0% were used for traffic growth on Barker Road between year 2020 and 2028 to capture an upper and lower range of potential growth. 2040 Traffic Forecasts Instead of using the traffic forecasts directly from the 2040 travel demand model, 2040 volumes were estimated using an industry standard approach known as the difference method. The difference in traffic volumes between the 2015 and 2040 models are added to observed counts at each of the study area intersections to arrive at a 2040 forecast traffic. This method reduces model error by relying as much as possible on observed data rather than model output data. Note:the difference in traffic volumes between the 2015 and 2040 model will be multiplied by 0.88 to account for growth in traffic that occurred between 2015 and 2018 (22 years/25 years=0.88). Existing traffic data was collected during the AM and PM peak hour on Thursday, May 24th 2018 at all study intersections(see Figure 1)except Barker Road/Boone Avenue and Barker Road/8th Avenue. Existing traffic volumes at Barker Road/Boone Avenue are based on counts collected on Tuesday, February 14tn 2007 and existing volumes at Barker Road/8th Avenue are based on counts collected on Wednesday, February 14, 2018. Estimating AM Peak Volumes The regional travel demand model forecasts PM peak hour turn movements, but only forecasts 3-hour AM peak turn movements at each intersection. Therefore, the inverse of PM peak hour traffic growth multiplied by 80% was used to estimate AM peak hour traffic growth. This is consistent with research published in National Cooperative Highway Research Program Report 3652 and in observed peak hour traffic count data collected in Spokane Valley. For example, 80% of growth in PM peak volumes for southbound right turn movements at each intersection were applied to eastbound left movements to get the AM peak traffic forecast. 2 Martin,W., N. McGuckin. Travel Estimating Techniques for Urban Planning. NCHRP Report 365. National Academy Press,Washington, D.C., 1998. City of Spokane Valley 7 I P a g e SOUTH BARKER CORRIDOR STUDY v8 2/7/20 Updated Report Level of Service Standards Spokane Valley LOS Standards The City of Spokane Valley uses level of service (LOS) to describe and evaluate traffic operations along major arterial corridors and intersections within the City. Levels range from LOS A to LOS F, which encompass a range of congestion types from uninterrupted traffic(LOS A)to highly-congested conditions (LOS F).The description and intersection delay thresholds of each LOS category are described in Figure 2. These are based on the Highway Capacity Manual,which is the methodology used by Spokane Valley. The LOS for signalized intersections and roundabouts is measured by the average delay per vehicle entering the intersection from all approaches, while the LOS for unsignalized intersections is measured by the average delay per vehicle on the approach with the highest average delay. Figure 2:Level of service description and delay thresholds at intersections Level Signalized Unsignalized of Description Intersection Intersection Service Delay(seconds) Delay(seconds) A Free-flowing conditions. 0-10 0-10 B Stable operating conditions. 10-20 10-15 Stable operating conditions, but individual motorists C 20-35 15-25 are affected by the interaction with other motorists. D High density of motorists, but stable flow. 35-55 25-35 Near-capacity operations,with speeds reduced to a E 55-80 35-50 low but uniform speed. F Over-capacity conditions with long delays. >80 >50 Source:Highway Capacity Manual 2016, Transportation Research Board The LOS standards used by Spokane Valley are defined in the Comprehensive Plan as follows: • LOS D for major arterial corridors: o Argonne/Mullan between the town of Millwood and Appleway Boulevard o Pines Road between Trent Avenue and 8th Avenue o Evergreen Road between Indiana Avenue and 8th Avenue o Sullivan Road between Wellesley Avenue and 8th Avenue o Sprague Avenue/Appleway Boulevard between Fancher Road and Sullivan Road • LOS D for signalized intersections not on major arterial corridors • LOS E for unsignalized intersections(LOS F acceptable if peak hour traffic signal warrant is unmet) WSDOT LOS Standards WSDOT also uses LOS thresholds for State Highways.The LOS standard for State Highways in Urban Areas is LOS D. Within the Study Area this would apply to the Barker Road/I-90 interchange. This LOS standard applies to roadway segments and signalized and stop controlled intersections. City of Spokane Valley 8 I P a g e SOUTH BARKER CORRIDOR STUDY v8 2/7/20 Updated Report Per WSDOT's recommended guidance, the primary measure of effectiveness (MOE) for roundabout analysis is not LOS, but the overall intersection and approach volume to capacity (v/c) ratios. WSDOT recommends that v/c ratios not exceed 0.85-0.9 for any approach or the entire intersection, which typically corresponds to LOS D. Traffic Analysis Methodology In order to analyze traffic operations, including LOS, v/c ratios and/or impacts of queuing, the following traffic engineering software was used in accordance with WSDOT Traffic Analysis policies and protocol3: • Synchro - Synchro software (version 9.2) was be used to evaluate AM and PM peak hour LOS at most signalized and stop controlled intersections. LOS was measured using the Highway Capacity Manual (HCM) 2010 methodology within Synchro. All settings were set to be consistent with WSDOT Synchro Protocol.The observed intersection peak hour factor averaged for all approaches was used for the existing conditions analysis and near-term traffic analysis.A PHF of 1.0 was used for the 2040 analysis. A saturation flow rate of 1,775 vehicles per lane per hour was assumed in order to be consistent with City of Spokane Valley practice along the Barker Road corridor. • Sidra - Sidra software (version 7.0) was used to analyze the AM and PM peak hour v/c ratios for intersections with a roundabout configuration. All settings were set to be consistent with WSDOT's Sidra Policy Settings (WSDOT, April 2018). • SimTraffic—SimTraffic software was used to analyze the AM and PM peak hour traffic operational performance for closely spaced intersections in order to capture the impacts to traffic delay of queuing. This includes the intersections with Barker Road/Cataldo Avenue and Barker Road/I-90 under the single-lane roundabout configuration proposed by WSDOT as an interim solution. All settings were set to be consistent with WSDOT SimTraffic Protocol with the same PHF and saturation flow rate used in the Synchro analysis. SimTraffic was not used to analyze operations with two-lane roundabouts. Sidra software was used in those instances. EXISTING CONDITIONS Within the 1.6 mile segment of Barker Road between Mission Avenue and the south Spokane Valley City limits there are four signalized intersections. These are located where Barker Road crosses Mission Avenue, Cataldo Avenue/I-90 westbound ramp, 1-90 eastbound ramp and Appleway Avenue. There is a four-way stop at Barker Road/Sprague Avenue. All other intersection are controlled by side-street stop signs. The segment of Barker Road north of Boone Avenue is a three lane street with bike lanes, curb and gutter and 5-foot sidewalks on both sides. South of Boone Avenue Barker Road is a two-lane street without curb,gutter, storm drain or sidewalks. South of Appleway there is an asphalt paved multiuse trail on the west side of the street that extends to Chapman Road in unincorporated Spokane County. Existing peak hour traffic volumes and lane configurations at the ten study intersections are shown in Figure 3. 3 www.wsdot.wa.gov/Design/Traffic/Analysis/ City of Spokane Valley 9 I P a g e a e C C —0 O O = ° 1— ico >, (ab)l£9 N � r(l0E)£9b D C -o(Z8S)09Z (z)o > 0 orn r(99z)sLb L ® 4l a 7 cO tT N U '— •L e ` ,ewes 4.3 ,ewee w a c p O 'Cr) o `�' c o o U U Y (ZZ)ZZ a Y (EEL)LlE ® 0] (6U Z ® J rn vl a"f L (lZE)blZ F. co (909)LLl-4+ N N m (SZZ)ESb a — N m (SUE m m (90 9l oo,- X c N `e V N V L0 1, ® 0 I..I..I R6 L a a rni J o (6 A cri CO 3 n 0 1 O® E L _ Z 7.o? (IUbZ �m I 2O (Z)tc ,. 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La $ 5 Holiday Rd in g - Ryr1AIRen Rd 8 C g.,..yaard © w w e,c N Hnnnmy Rd Wf,spy, w T N Ql NS m W.Harony lb 40 5 6 1, , na a 0 Drummond St El & p}j 1lh ix 6 4 0 y w W CON Barker Rd ©© 000 N Barker RdO Os Barker Rd 0 eSBarker R. a' a 0 8 to pa '' w s WI,St [l N Belau Rd w 1 g u S BEM'Ln a 4 3 v N fir minims Rd N Graensuns Ra 0 '4 5 Graenecres Rd v ID ay a I q d a m U W ¢. t SA.bc�t15f l6r CK _ K N a w W Li w w O Y 6 {q#-Q.' SOUTH BARKER CORRIDOR STUDY v8 2/7/20 Updated Report Intersection Level of Service The AM and PM peak hour level of service (LOS) at the 10 study area intersections are summarized in Figure 4. The intersections between Boone Avenue and Broadway were analyzed using SimTraffic to account for the impact of queuing given the close spacing of intersections as well as the split signal phasing currently used at the Barker Road/I-90 eastbound ramp. All other intersections were analyzed using Synchro. Figure 4.Existing conditions level of service and delay. AM Peak PM Peak Side Street Software Intersection Control (all HCM Delay LOS Delay LOS Stop 2010) Approach Barker/Mission Signal 12 B 13 B Synchro Barker/Boone Side-Street Stop >100 F 64 F EB SimTraffic Barker/I-90 Westbound Signal 57 E 29 C SimTraffic Ramp/Cataldo Barker/I-90 Eastbound Signal 57 E 103 F SimTraffic Ramp Barker/Broadway(N) Side-Street Stop >100 F >100 F WB SimTraffic Barker/Broadway(S) Side-Street Stop 60 F 43 E EB SimTraffic Barker/Appleway Signal 21 C 30 C Synchro Barker/Sprague All-Way Stop 26 D 49 E Synchro Barker/4th Side-Street Stop 16 C 17 C EB Synchro Barker/8th Side-Street Stop 23 C 23 C EB Synchro Source:Fehr& Peers, 2018 Results show that under existing conditions, the Barker Road/I-90 westbound ramp/Cataldo Avenue intersection operates at LOS E in the AM peak hour and the Barker Road/I-90 eastbound ramp intersection operates at LOS E during the AM peak hour and LOS F during the PM peak hour.Thus, both intersections of Barker Road/I-90 do not currently meet WSDOT LOS standards. Additionally, the queue along Barker Road from the two 1-90 intersections impacts the LOS at both Barker Road/Boone Avenue and the two Barker Road/Broadway intersections, causing all three intersections to operate at LOS F during either the AM or PM peak hours or both. Additionally the Barker Road/Sprague Avenue intersection is operating at LOS E during the PM peak hour. This intersection has been identified by COSV as a location in need of improvement to address existing congestion and multimodal operations. Results of the existing conditions traffic analysis show this intersection is just two additional seconds of delay from operating at LOS F. A small increase in traffic is likely cause this intersection to operate at LOS F without improvements. The existing average and maximum queue lengths at the Barker Road/I-90 interchange during the AM peak hour are shown in Figure 5 and in the PM peak hour are shown in Figure 6. In the AM peak hour a long queue forms in the southbound direction at the Barker Road/I-90 westbound ramp intersection. In the PM peak hour a long queue forms in the eastbound direction at the Barker Road/I-90 eastbound ramp intersection. It should be noted the distance between the gore point in the eastbound direction of 1-90 City of Spokane Valley 11 ' Page SOUTH BARKER CORRIDOR STUDY v8 2/7/20 Updated Report and the Barker Road intersection is about 1,700 feet and the average queue on this segment during the PM peak hour is 1,200 feet and the maximum queue is 1,500 feet. Figure 5.Existing AM peak hour queue lengths at the Barker Road/I-90 interchange Maximum Average Intersection Direction Queue Queue(feet) (feet) EB 60 120 Barker/1-90 NB 300 510 westbound/Cataldo SB 730 1,200 WB 100 170 EB 150 260 Barker/1-90 eastbound NB 160 170 SB 170 260 Source:Fehr& Peers, 2018 Figure 6.Existing PM peak hour queue lengths at the Barker Road/I-90 interchange Maximum Intersection Direction Average Queue Queue(feet) (feet) EB 70 120 Barker/1-90 NB 190 340 westbound/Cataldo SB 420 630 WB 100 160 EB 1,200 1,500 Barker/1-90 eastbound NB 160 180 SB 440 630 Source:Fehr& Peers, 2018 Corridor Level of Service The existing corridor level of service within the study area is LOS D derived from average daily traffic (ADT) on each roadway segment and weighted by the segment's length. Based on the posted speed and number of lanes, the LOS D threshold for the corridor is 13,800 ADT (as defined in the 2010 Highway Capacity Manual), and the length-average ADT-to-LOS D volume threshold ratio is 0.83. As long as the ratio is less than or equal to 1.00,the corridor is defined as operating at LOS D or better even though some intersections may experience greater congestion than LOS D. City of Spokane Valley 12 I P a g e SOUTH BARKER CORRIDOR STUDY v8 2/7/20 Updated Report I-90 INTERCHANGE INTERIM IMPROVEMENTS SUMMARY & FINDINGS The Barker Road/I-90 interchange is currently operating at LOS E or worse at one or both interchange intersections in both the AM and PM peak hour,thus failing WSDOT LOS standards.WSDOT has proposed an interim solution that includes single-lane roundabouts at each ramp intersection until the long-term concept proposed in the 2014 IJR can be implemented. Traffic analysis was performed for the intersections between Barker Road/Boone Avenue and Barker Road/Broadway, including both ramps of the Barker Road/I-90 interchange in years 2020,2023,and 2028.The analysis was performed to determine how well and for how long a single-lane roundabouts as depicted in Figure 7 would operate acceptably at the two intersections. Figure 7.Barker Road/I-90 Interchange Interim Concept proposed by WSDOT .._ 1 [ i . ---4.1.-4,6 - , . ''' ',,,, . : { 7- , 0 . - .. r - - 4, , „' . 1.) . i I " i Single Lane Roundabouts L. -----,. o* N." ` t: f s ttii tioa� " f�aslsi r k , /.'41•a' t t PI_ ryw „' ° '":, _ 1 - g .M0Iil�.� .741 t o i:u� 111 VP' i+ + aa .. `eroadway a, i < 1101h NN.W.N[N t +. wn sit k sg '\ ,U' ••^ sit/:"T A, Z W" ■1 • y1 ar r -- _ @1'1 Source: WSDOT A subsequent revision to this interim concept, shown in Figure 8, shifted the northern single-lane roundabout to the existing Cataldo Avenue/Barker Road/I-90 Westbound intersection, maintaining the existing "hook ramp" configuration. According to the best available information at this time regarding long-term plans for the interchange and replacement of the Barker Road Bridge, the advantage of this configuration, as compared to the tight diamond configuration (shown in Figure 7 and originally proposed as the interim solution) is that the proposed location of the Barker Road/westbound ramp intersection is City of Spokane Valley 13 1 Page SOUTH BARKER CORRIDOR STUDY v8 2/7/20 Updated Report farther from 1-90 than what is proposed with a tight diamond configuration. This would allow WSDOT to convert a single-lane roundabout at this location to a two-lane roundabout in the future when the Barker Road Bridge over 1-90 is replaced without necessitating lowering the elevation of the 1-90 travel lanes in order to achieve the required clearance under the bridge. Figure 8.Barker Road/I-90 westbound ramp intersection—revised Interim Concept m _ '`N ' BOONE AVE -x It .( ' ' liII + pi { S CD af. Source: WSDOT A summary of the key findings of this traffic analysis are presented below: • A single lane roundabout will operate acceptably at Barker/1-90 Interchange in 2020 with: o A 2nd southbound approach lane at the westbound ramp — This can be implemented through restriping and curb modification within the existing ROW. o A 2nd eastbound approach lane at the eastbound ramp • The eastbound ramp intersection will drop below LOS D sometime between 2023 and 2028 o Main constraint: sometime between 2023 and 2028 the northbound traffic demand across the bridge will exceed the physical capacity of the bridge (1,000-1,100 vph) • Regardless of the configuration (either what is shown in Figure 7 or Figure 8) westbound ramp will operate at an acceptable LOS by 2028 because the eastbound roundabout will effectively "meter" northbound traffic so that there will be gaps for the heavy southbound traffic to enter Figure 9 summarizes the LOS results based on SimTraffic. It should also be noted that Sidra analysis was also performed for both intersections in years 2020, 2023 and 2028 with results showing that the v/c ratio would exceed the 0.85-0.9 threshold for both intersections sometime between 2023 and 2028, with the eastbound ramp failing sooner. However, unlike the Sidra results, SimTraffic showed that the eastbound ramp intersection would effectively "meter" traffic entering the westbound ramp intersection resulting in acceptable LOS at that intersection through 2028. City of Spokane Valley 14 I P a g e SOUTH BARKER CORRIDOR STUDY v8 2/7/20 Updated Report Figure 9.Year 2028 SimTraffic LOS results under the"hook ramp"concept at the Barker Road/I-90 westbound ramp AM Peak PM Peak Intersection Control Delay I LOS Delay I LOS Barker/Boone Side-Street Stop 66 E 30 D Barker/Cataldo/I-90 westbound ramp Roundabout 40 D 17 B Barker/I-90 eastbound ramp Roundabout 84 F 88 F Barker/Broadway Side-Street Stop 107 F 218 F Source:Fehr& Peers, 2018 The results of this analysis demonstrate that the interim solution (modified with a second approach lane at one leg of each intersection and revised to maintain the existing location "hook ramp" configuration at Barker Road/Cataldo Avenue/I-90 westbound ramp intersection) for the Barker Road/I-90 interchange would last about 5-10 years before falling below WSDOT LOS standards. Given this, it is recommended that the City of Spokane Valley work with WSDOT to secure funding within 5-10 years to replace the Barker Road Bridge over 1-90 with a four-lane bridge. 2040 ANALYSIS & FINDINGS Traffic analysis of the Barker Corridor intersections was performed with the assumption that several already planned transportation projects would be implemented.This includes: • Barker Road from Mission Avenue to Appleway would be widened to five lanes (through a combination of several projects). • The Barker Road/1-90 interchange would be reconfigured into two-lane roundabouts at each ramp intersection similar to the Barker Road IJR preferred alternative, with some modifications(as described below), including adding Boone Avenue into the westbound ramp roundabout and preserving the existing hook ramp configuration for the westbound ramp. • The east leg of Broadway would be realigned with the west leg of Broadway at Barker Road. These changes would effectively consolidate the Barker Road/Boone Avenue intersection with the Barker Road/1-90 westbound ramp/Cataldo Avenue intersection and consolidate the two Broadway intersections into one. Consolidation of these intersection means under 2040 conditions there would be eight study intersections instead of ten.Traffic volumes and lane configurations assumed in 2040 at each of the study intersections are shown in Figure 10. City of Spokane Valley 15 I P a g e 2 vs c c -0 m _ 0 0 +' s, (s£)s£ -0 0 ce m (0 is l)O6 (09Z)OLb "o—(S£L)0£6 c (000)OZl D 0 O Q ® N4, U o ~ i rn ,.>u� ,.>vea 0 C L O COW (SOZ)S9l �� COLo, (Ll)Sbl ® O D U (S9b)Ogg (SZS)00Z—+ N s_ Y (0b)SZ m . .— (6 s— ® v J ca M a.) co V CC �',/a o- (Sl)Sl I. 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W,E Q W ut,^RR5 ci......on Q .4i a PR SOUTH BARKER CORRIDOR STUDY v8 2/7/20 Updated Report Barker Road/I-90 Interchange Configuration A conceptual layout in 2040 of the Barker Road/I-90 eastbound ramp intersection is shown in Figure 11 and a conceptual layout of the Barker Road/I-90 westbound ramp intersection is shown in Figure 12.The configuration of the Barker Road/I-90 eastbound ramp intersection would be largely the same as the Barker Road IJR preferred alternative, including a roundabout with two circulating lanes and two eastbound approach lanes on the 1-90 off-ramp. However, the Barker Road/I-90 westbound ramp intersection was modified from the Barker Road IJR preferred alternative in order to preserve the "hook ramp" configuration at the same location as today, with Cataldo Avenue on the east leg. Reasons for this change were to satisfy City of Spokane Valley and WSDOT's desire to shift the interim solution to a location that better accommodates long-term reconstruction of the interchange, as well as City of Spokane Valley's desire to find a solution with the least impact to private property. Converting the 1-90 westbound ramp to a diamond interchange would have either required Cataldo Avenue to be rerouted through private property to Boone Avenue or the Barker Road/I-90 westbound ramp intersection to be moved closer to 1-90.The original IJR preferred alternative would also have necessitated lowering 1-90 in order to achieve adequate clearance under the Barker Road Bridge. Preserving the hook ramp negates both of these potential issues. While the bridge will still need to be replaced to achieve adequate clearance, the proposed configuration would allow sufficient approach length to achieve adequate clearance without the need of lowering 1-90. In addition, the east and west leg of Boone Avenue was added to the westbound ramp roundabout in order to preserve full movement on Boone Avenue and reduce the potential impacts of loss of access or additional ROW needed to provide access near the existing Boone Avenue intersection.These modifications result in a roundabout with six legs. Without this configuration Boone Avenue would be too close to the Barker Road/I-90 westbound ramp roundabout to safely operate with full movements. It should be noted that the concepts shown in Figure 11 and Figure 12 are schematic in nature and the exact diameter of a future roundabout would need to be determined through a more detailed engineering study.The assumed length of the roundabout diameter does not affect the Sidra outputs. City of Spokane Valley 17 I P a g e SOUTH BARKER CORRIDOR STUDY v8 2/7/20 Updated Report Figure 11.2040 Barker Rd/I-90 eastbound ramp intersection concept(same as Barker Road IJR preferred alternative) 1N BaYr I! L. g 1ao _ -t- ( 00 t 1®to 1aa _ , ..i. Ih 1 I tl Source:Fehr& Peers, 2018 Figure 12.2040 Barker Rd/I-90 westbound ramp intersection concept(modified from Barker Road IJR preferred alternative) UN Barka North I I I I \\\ I I �� If 7 1ov \ WO 100 :10A 00 1U0 \ ', ' 4 f.,,t, 1 1 Rahwr FexiM Source:Fehr& Peers, 2018 City of Spokane Valley 18 1 Page SOUTH BARKER CORRIDOR STUDY v8 2/7/20 Updated Report Intersection Level of Service Findings The AM and PM peak hour level of service (LOS) findings at the eight study area intersections are summarized in Figure 13.The 1-90 intersections were analyzed using Sidra.The more relevant measure of effectiveness for these intersections per WSDOT policy is v/c ratio, which is shown in Figure 14. All other intersections were analyzed using Synchro. Figure 13.2040 conditions level of service and delay. AM Peak PM Peak Intersection Control Software (all Delay LOS Delay LOS HCM 2010) Barker/Mission Signal 20 B 25 C Synchro Barker/I-90 WB Ramp/Cataldo/Boone Roundabout 17 B 13 B Sidra Barker/I-90 EB Ramp Roundabout 9 A 12 B Sidra Barker/Broadway Side-Street Stop 71 (EB) F >300(EB) F Synchro Barker/Appleway Signal 30 C 46 D Synchro Barker/Sprague All-Way Stop 132(NB) F >300(SB) F Synchro Barker/4th Side-Street Stop 22 C 33 D Synchro Barker/8th Side-Street Stop 17 C 33 D Synchro Source:Fehr& Peers, 2018 Figure 14.Volume-to-capacity ratio in 2040 for Barker Road/I-90 interchange roundabouts. AM Peak PM Peak Intersection Control 95% o Software (all 95/v/c v/c HCM 2010) Queue Queue Barker/I-90 WB 240 ft. 110 ft. Ramp/Cataldo/Boone Roundabout 0.69 (SB) 0.54 Sidra(NB) Barker/I-90 EB Ramp Roundabout 0.47 (NB 0.70 1(NB) Sidra Source:Fehr& Peers, 2018 Results presented in Figure 14 show that under existing 2040 conditions,the Barker Road/1-90 eastbound ramp intersection and the Barker Road/1-90 westbound ramp/Cataldo Avenue/Boone Avenue intersection as laid out in Figure 11and Figure 12, respectively,would operate acceptably.The v/c ratio would be meet the WSDOT threshold of 0.85-0.90 for both intersection in both the AM and PM peak hour. Results presented in Figure 13 show that the Barker Road/Sprague intersection(which had poor LOS under existing conditions) would operate at LOS F in both the AM and PM peak hour without improvements. City of Spokane Valley 19 I P a g e SOUTH BARKER CORRIDOR STUDY v8 2/7/20 Updated Report Additionally,the Barker Road/Broadway intersection would operate at LOS F during the AM and PM peak hour and would meet the peak hour signal warrant in the PM peak hour, thus failing the City of Spokane LOS threshold in 2040. Analysis shows that the Barker Road/4th Avenue and Barker Road/8th Avenue intersection will with acceptable LOS through 2040 under the existing configurations with side street stop control. These intersections would also operate acceptably with a signal or roundabout although the forecasts do not indicate that either intersection would meet the peak hour signal warrant in 2040. Mitigation Measures • Barker Road/Sprague Avenue - Traffic operations at the Barker Road/Sprague Avenue intersection were analyzed in Sidra assuming a single-lane roundabout concept and in Synchro assuming a traffic signal with left turn lanes and protected left-turn signal timing for all approaches. Results, shown in Figure 15, demonstrate that a single-lane roundabout or a traffic signal with protected left-turn lanes would result in acceptable traffic operations at this intersection in 2040. Figure 16 summarizes the pros and cons of implementing a traffic signal as compared to a roundabout at this intersection.The primary differences in a traffic signal versus a roundabout relate to traffic safety, cost, right-of-way impact, impervious surface and landscaping opportunities. While this study recommends a roundabout at this intersection primarily due to the safety benefits, the City will undertake a separate and more detailed design study as part of implementation to determine the ultimate future intersection configuration. Figure 15.Volume-to-capacity ratio,LOS and/or delay in 2040 with mitigations. AM Peak PM Peak Intersection Control Software v/c LOS I Delay v/c LOS I Delay Barker/Sprague Roundabout 0.52 A - 0.59 A - Sidra Barker/Sprague Signal - C 34 - D 36 Synchro Source:Fehr& Peers, 2018 City of Spokane Valley 20 1 Page SOUTH BARKER CORRIDOR STUDY v8 2/7/20 Updated Report Figure 16.Pros and cons of a roundabout versus a traffic signal at Barker Road/Sprague Avenue intersection. Factors Roundabout versus Traffic Signal Traffic Safety The primary benefit of a roundabout over a traffic signal is related to traffic safety. Research provided by WSDOT shows that on average single-lane roundabouts result in 75%fewer injury crashes and 90%fewer fatalities than signalized intersections. Roundabouts mitigate the risk of moderate-to- high-speed broadside crashes commonly caused by a driver running the red light at a traffic signal. Capital Cost On average the capital cost of constructing a roundabout is higher than the capital cost of constructing a signalized intersection, but this can vary from location to location. Operations& Long-term operations and maintenance costs associated with a Maintenance Cost roundabout are typically lower than those associated with a traffic signal (about$5,000 to$10,000 per year based on COSV research), often enough to offset the higher capital cost of a roundabout over the life of the project. Right-Of-Way Impact On average,the right-of-way(ROW) impact of a roundabout can be greater than a traffic signal, but varies depending on the location and number of turn lanes. At the Barker/Sprague location the area of ROW impact would be similar with a roundabout or a signal and neither would impact existing structures. Impervious Surface A roundabout could result in more impervious surface than a traffic signal depending on whether the center island is landscaped or hardscaped. Art& Landscape Roundabouts typically have more opportunity for landscaping Opportunities or art(primarily because of the center island)than traffic signals. Noise&Air Pollution Roundabouts typically result in less air pollution and noise than a traffic signal due to less idling and fewer hard accelerations. • Barker Road/Broadway — Additionally, a two-lane roundabout at the Barker Road/Broadway intersection would result in acceptable operations in year 2040. A traffic signal is not advised at this location due to the proximity of this intersection to the planned roundabout at the Barker Road/I-90 eastbound ramp and the potential for queue spillback onto the 1-90 roundabout. An acceptable alternative to a roundabout would be to convert this intersection to right-in/right- out/left-in only configuration. However, this type of intersection configuration would result in some degree of inconvenience for drivers trying to make a left-turn from either leg of Broadway to Barker Road as they would have go out of direction to make that movement. If there is substantial commercial development along the Broadway corridor in the future, the lack of left- out movement could be a major impact to the viability of retail businesses. However, if the Broadway corridor has similar land uses as today (or other lower trip generating uses like offices or apartments),the lack of outbound left-turns would be less of an impact. City of Spokane Valley 21 1 P a g e SOUTH BARKER CORRIDOR STUDY v8 2/7/20 Updated Report Diverging Roundabout Concept Given the high volume of northbound left turns from Barker Road onto 1-90 westbound (700 in the AM peak), WSDOT suggested that a "diverging roundabout" concept be tested to see if the interchange could operate effectively with single-lane roundabouts. A diverging roundabout is a diverging diamond interchange with roundabouts instead of signalized "crossover" intersections—see an example in Figure 17.The advantage of this concept is it eliminates all turning vehicle conflicts.The only point of conflict is where through traffic must cross over to the other side of the road. A diverging diamond interchange works best in situations where there are high volumes of vehicles turning off or onto the highway and not a lot of through movement on the road crossing the highway. Figure 17.Diverging roundabout concept. --.441111111111111111111111111111111.11111:7P 11116- Image source:https://www.youtube.com/watch?v=ms5Tv2_JPME Sidra software was used to test the diverging roundabout concept in 2040 with one circulating lane at both the eastbound and westbound 1-90 ramp intersections with Barker Road. Results are shown in Figure 15 and illustrate this configuration would meet WSDOT standards during three of the four conditions tested. This configuration would result in unacceptable operations at the Barker Road/1-90 westbound ramp in the PM peak hour due to the high volume of northbound and southbound through movements. The primary other disadvantage of this configuration is it would require a diamond interchange, which means the hook ramp would have to be removed and Cataldo Avenue would have to be rerouted to Boone Avenue. It should be noted, however,that a diverging roundabout interchange would likely meet WSDOT LOS standards if the roundabouts were dual-lane and there was a four-lane bridge over 1-90(although this configuration was not specifically analyzed). Figure 18.2040 volume-to-capacity ratio and 95%queue with a single-lane diverging roundabout. AM Peak PM Peak Intersection Control Software v/c 95%Q v/c 95%Q Barker/I-90 WB Roundabout 0.49 80 feet 0.93 590 feet Sidra Barker/I-90 EB Roundabout 0.65 120 feet 0.52 110 feet Sidra Source:Fehr& Peers, 2018 City of Spokane Valley 22 I P a g e SOUTH BARKER CORRIDOR STUDY v8 2/7/20 Updated Report 2040 RECOMMENDATIONS Recommended transportation improvements for the Barker Road corridor are organized by two distinct segments of the corridor, the section between Mission Avenue and Appleway Avenue and the section between Appleway Avenue and the south City limits. Mission Avenue to Appleway Avenue The Spokane Valley Comprehensive Plan identifies a five-lane urban section for Barker Road between Mission Avenue and Appleway Avenue.The segment between 1-90 and Appleway Avenue is also identified in the Spokane Valley six-year Transportation Improvement Plan (TIP) as a five-lane arterial. Furthermore the segment between Mission Avenue and 1-90 is identified in the in the Northeast Industrial Area Planned Action Ordinance (PAO), which is in the process of being adopted as a supplement to the Spokane Comprehensive Plan EIS. WSDOT has allocated funding in 2019 and 2020 for implementing an interim improvement to the Barker Road/I-90 interchange until a longer-term solution can be implemented as identified in the SRTC Horizon 2040 Plan and 1-90/Barker Road IJR. Based on these previously planned projects and findings of the traffic operations analysis presented in the previous section of this report,the following projects are recommended for Barker Road north of Appleway Avenue. • Barker Road/I-90 Interchange Interim Improvements— It is recommended that WSDOT convert the 1-90 eastbound and westbound ramp intersections with Barker Road to single-lane roundabouts as an interim measure to improve traffic operations and safety until funding for a longer-term solution can be secured. Roundabouts would be implemented at the same locations as the ramp terminal intersections are located today.As part of this project,a second southbound approach lane should be added on Barker Road at the westbound ramp.This can be implemented through restriping and curb modification within the existing ROW. Additionally, a second eastbound approach lane should be added to the eastbound 1-90 off-ramp. WSDOT will also realign the east leg of Broadway to match the location of the existing west leg. Traffic analysis shows that this solution will operate effectively for about 5-10 years. Thus, it is recommended that WSDOT and City of Spokane Valley work to secure funding for a longer-term solution within the next 5 to 10 years. • Barker Road/I-90 Interchange Long-Term Improvements — It is recommended that WSDOT convert the 1-90 eastbound and westbound ramp intersections with Barker Road to two-lane roundabouts as a longer-term solution to improve traffic operations through 2040. Consistent with recommendations from the 2014 IJR, this would include two eastbound approach lanes at the Barker Road/I-90 eastbound ramp intersection and an expansion of the roundabout to include two circulating lanes. However,unlike the 2014 IJR, it is recommended that westbound hook ramp be preserved and the roundabout at the westbound ramp be implemented as a six-leg intersection with Cataldo and Boone Avenue(this would also require that the interim roundabout be widened to include two circulating lanes).This project would include replacement of the Barker Road Bridge over 1-90 with a four-lane bridge including a multiuse trail or sidewalk on both sides to wide enough to allow for safe circulation of bicyclists and pedestrians. • Barker Road — Mission Avenue to Boone Avenue Widening— It is recommended that Spokane Valley widen this segment of Barker Road to a five-lane urban section. This project has been identified in the Spokane Valley Comprehensive Plan and the Northeast Industrial Area PAO. It is recommended that this project be implemented at the same time as (or shortly after) the long term improvements are made to the Barker Road/I-90 Interchange. City of Spokane Valley 23 I P a g e SOUTH BARKER CORRIDOR STUDY v8 2/7/20 Updated Report • Barker Road—1-90 to Appleway Avenue Widening-It is recommended that Spokane Valley widen this segment of Barker Road to a five-lane urban section. This project is identified in the 2019- 2024 TIP. It is recommended that this project be implemented at the same time as the long term improvements are made to the Barker Road/I-90 Interchange. Given that traffic analysis also shows the Barker Road/Broadway intersection will need improvement by 2040, it is also recommended that either a two-lane roundabout at Barker Road/Broadway be implemented as part of this project or the intersection be converted to prevent left-out movements.A roundabout at Broadway was included in the TIP. Appleway Avenue to South City Limits As identified in the traffic operations analysis, the South Barker corridor will operate acceptably in 2040 with either single-lane roundabouts or traffic signals at the major intersections (Sprague Ave, 4th Ave, 8th Ave).4 The Spokane Valley Comprehensive Plan and TIP identify a three-lane urban roadway section between Appleway and the southern city limit. This roadway would consist of one travel lane in each direction, a two-way left-turn lane, a sidewalk, and the existing multi-use trail. Traffic signal control at the major intersections is entirely consistent with the three-lane cross section, since left-turn lanes approaching the intersections would be required.This configuration is very common in Spokane Valley. However,single-lane roundabouts do not require a turn-lane at the major intersections and this configuration could be pursued with a narrower cross-section with just two travel lanes in each direction. While it is true that traffic signals (with widening at the major intersections) could also be accommodated with a two-lane segment, this configuration is less common in the Valley (existing two- lane roads with traffic signals often do not have turn lanes at major intersections, which reduces the capacity of the street). Based on this finding, Spokane Valley may wish to consider a two-lane cross section for all or a portion of the South Barker Road corridor. Figure 19 illustrates a few pros and cons of the three-lane versus two- lane configuration. For purposes of this study, the cost estimates assume the full three-lane buildout to capture the higher potential cost, which would lead to a cost savings if the two-lane design is ultimately selected. 4 Note that in the near-term (next 5-6 years), only the intersection at Barker Rd/Sprague Ave will likely warrant a traffic signal or roundabout to address poor traffic LOS. However, as development increases in the future it is not unlikely that the intersections at 4'Ave and 8'Ave will eventually need to be upgraded from their current side- street stop control. As of now, it does not appear that these intersections will require upgrades prior to 2040, but that could change if a larger use(e.g.,apartment,church) is permitted along one of these streets. City of Spokane Valley 24 I P a g e SOUTH BARKER CORRIDOR STUDY v8 2/7/20 Updated Report Figure 19.Pros and cons of a two-lane versus three-lane configuration south of Appleway. Option Pros Cons Two-lane • 33 percent less paved area; results in • No mid-block left-turn lane; may configuration lower up-front costs and lower long- require a median to prohibit left- term maintenance costs turns at larger developments or a • Less impervious surface reduces short widened section to stormwater conveyance and accommodate a turn lane treatment costs • Retrofitting a turn lane could be • More space within the right-of-way costly if a parcel is rezoned at a for wider sidewalks or landscaped later date for a more intensive area use Three-lane • Once this configuration is in place, • Higher cost to build and maintain configuration there is no need to retrofit the road • More impervious surface and to accommodate left-turns at larger water runoff developments • Less opportunity for landscaping • Better accommodates more trip- intensive land uses like multifamily residential Source:Fehr& Peers, 2018 Given these pros and cons, along with the potential for rezoning of the land north of Sprague Avenue to more dense residential,the following projects are recommended: • Barker Road/Sprague Avenue Intersection Improvements—Implement a single-lane roundabout at Barker Road/Sprague Avenue intersection to improve traffic operations and safety.This project should be prioritized for this segment and can be implemented prior to making corridor-wide improvements. A roundabout is recommended over a traffic signal at this intersection because roundabouts tend to have lower numbers of serious traffic collisions and they cost less to maintain in the long-run compared to traffic signals. In addition, with all the other roundabouts being built by WSDOT farther north on the corridor, roundabouts will be a common and consistent traffic control device on Barker Road. • Barker Road —Appleway Avenue to Sprague Avenue Widening— Implement a three-lane cross section between Appleway and Sprague Avenue; consider extending the existing northbound right-turn lane at Appleway approximately 200 feet south to La berry Drive and converting this to a northbound through-right lane when Barker Road is widened north of Appleway. • Barker Road—Sprague Avenue to South City Limits Improvements—Implement a two-lane cross section south of Sprague Avenue. In the design, set the multi-use trail and sidewalk in a position that could ultimately accommodate a three-lane cross section. Build two lanes of a potential three-lane configuration where one side of the street will have a final curb and gutter and the other side of the street will have a shoulder and swale for drainage. In this way, the street can more-easily be widened if it is ever necessary to accommodate a mid-block turn lane, but most of the corridor will benefit from the narrower cross-section. Given the current single-family zoning and the generally smaller parcels south of Sprague, it seems that this area is less likely to see pressure for rezoning and the two-lane cross section will operate well in the future. • 4th Avenue and 8th Avenue Intersection Improvements- Phase the construction of Barker Road to include single-lane roundabouts at 4th Avenue and 8th Avenue along with the two-lane configuration. City of Spokane Valley 25 I P a g e SOUTH BARKER CORRIDOR STUDY v8 2/7/20 Updated Report IMPLEMENTATION The recommended transportation improvements can be summarized into a total of eight projects along the South Barker Road Corridor. A list of these projects, along with a brief description, timeframe for implementation, and estimated cost in 2018 dollars for the portion Spokane Valley would be responsible for are shown in Figure 20. Reference to the program and project number from previous plans,documents or the City's TIP is also identified. Figure 20.South Barker Road projects and cost estimates to be implemented through year 2040. COSY Program Agency Project Description (project#) Responsible Cost Estimate' (2018$$) IMMEDIATE(2019-2020) 1-90 Eastbound Ramp/ Reconstruct intersection with Barker Road single-lane roundabout and two Horizon 2040 WSDOT N/A Interchange Interim eastbound approach lanes; Plan(#12) Improvements realign east leg of Broadway 1-90 Westbound Ramp/ Reconstruct intersection with single-lane roundabout and two Barker Road Horizon 2040 southbound approach lanes; WSDOT N/A Interchange Interim convert Barker/Boone to right- Plan(#12) Improvements in/right-out NEAR TERM(2021-2024) Sprague/Barker Reconstruct intersection with 2019-2024 Intersection single-lane roundabout TIP(#15) COSV $1,517,000 Improvements MID TERM(2025-2030) Replace Barker Road Bridge and widen to 4-lanes from Boone Avenue to Broadway; 1-90/Barker Road reconstruct both intersections Horizon 2040 Not anticipated at Interchange Long-Term to 2-lane roundabout; WSDOT Plan(#12) this time Improvements reconstruct Barker/I-90 westbound ramp intersection to six-leg roundabout with Boone Avenue Barker Road Widen and improve to 5-lane 2019 2024 Improvement Project— urban section;roundabout @ TIP(#22) COSV $6,477,000 Appleway to 1-90 Broadway Barker Road NE Industrial Widen and improve to 5-lane Improvement Project— urban section Area PAO COSV $2,950,000 Mission to 1-90 (Phase 2) LONG TERM(2031-2040) Barker Road Reconstruct and widen north of Improvement Project— Sprague to 3-lane urban 2019-2024 COSV $2,854,000 Appleway to South City section,and south of Sprague TIP(#20) Limits to 2-lane urban section. 4th Avenue/Barker&8th Reconstruct 4th Avenue and 8th Avenue/Barker Avenue intersections with 2019 2024 COSV $3,000,000 Intersection single-lane roundabouts TIP(#21) Improvements 1. Costs do not include WSDOT's portion City of Spokane Valley 26 I Page SOUTH BARKER CORRIDOR STUDY v8 2/7/20 Updated Report Source:Fehr&Peers;City of Spokane Valley. Cost estimates are primarily derived from the City of Spokane Valley 2019-2024 Six-Year Transportation Improvement Program (TIP). Exceptions include the cost of the Barker Road Improvement Project—Mission to 1-90, which is derived from the estimate provided in the Northeast Industrial Area PAO and adjusted for 2018 dollars and the 4th Avenue/Barker & 8th Avenue/Barker Intersection Improvements, which assume a cost of $1.5 million per intersection comparable to the cost estimate for the Sprague/Barker Intersection Improvements. Projects are divided into four distinct timeframes: immediate (by 2020), near-term (3-6 years), mid-term (by 2030)and long-term(2040).The timing of implementation is based on a combination of traffic analysis findings of when the project is needed to meet LOS criteria,time for project development and anticipated availability of funding. Fair Share Analysis and Potential Funding In order to offset the costs of the future infrastructure projects that will be needed to achieve acceptable multimodal operations in the Barker Road Corridor, one option would be for Spokane Valley to collect traffic impact mitigation fees based on a fair-share analysis. Fees could be collected from developments in Spokane Valley around the Barker Road corridor, as well as from neighboring jurisdictions, including Liberty Lake and Spokane County where development is expected to generate traffic that will utilize the corridor, generate/exacerbate traffic impacts, and benefit from the future roadway widening projects. The fair-share financial contribution is determined by how much traffic each jurisdiction is expected to contribute in 2040 to locations in the Barker Road corridor where future transportation improvement projects were identified. The same regional travel demand model used to forecast 2040 traffic was used to estimate the percent of traffic through various segments of Barker Road generated by a portion of each jurisdiction. This was done by using a tool in the model called a "select zone analysis." The select zone analysis was set to identify the traffic generated by the area in each jurisdiction where development is expected to have the greatest traffic impact on the South Barker Road corridor and thus where a development fee could be reasonably assessed. This includes the portion of Spokane Valley south of the Spokane River and east of Flora Road,the area of unincorporated Spokane County immediately south and east of the Spokane Valley City limits and the City of Liberty Lake west of Harvard Road as shown in Figure 21. Please note that the Northeast Industrial Area (north of the Spokane River) was excluded from this analysis as the City is already utilizing a Planned Action Ordinance to assess fair-share fees for projects on Barker Road north of 1-90. City of Spokane Valley 27 I P a g e I ( .•r FcQa. °�� ic'ry0a�kcDr rya = �� /, i (—t - c s H �C ! -:� Z� r,' u_ , iCe E' Wellesley Aye`'�--1crs, a�\bark�R,ai Z. A i z m� �1 m g Z E —'at Montana, I -.. 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SOUTH BARKER CORRIDOR STUDY v8 2/7/20 Updated Report To complete this analysis, the corridor was divided into three segments: north of 1-90, between 1-90 and Appleway Avenue, and south of Appleway Avenue.The results of the fair share analysis are shown Figure 22.As an example, Figure 22 shows that by 2040 about 18%of traffic on Barker Road north of 1-90 will be generated by Liberty Lake and 4% will be generated by unincorporated Spokane County immediately south and east of Spokane Valley. South of Appleway Avenue,only about 2%of traffic on Barker Road will be generated by Liberty Lake and 35% will be generated by development in unincorporated Spokane County immediately south and east of the Spokane Valley city limits. It should be noted that the percentages represent the percent of trip ends, since all trips have two ends. The select link analysis provides the origins and destinations by TAZ of all the PM peak hour trips traveling in each direction of Barker Road. Since each trip has both an origin and destination, half of the trip was assigned to the origin and half of the trip was assigned to the destination. For example, in the case of a trip that begins in Spokane Valley and ends in Liberty Lake half of that trip would be assigned to Spokane Valley and half to Liberty Lake, since both locations generated one end of the trip. Trips in the "other" category include traffic that has at least one trip end outside the TAZs included in the travel shed (see Figure 21).These include trips passing through the area or trips that have one end in the travel shed and one end outside of the travel shed (e.g., a trip between southeast Spokane Valley and downtown Spokane). Spokane Valley will need to use non-mitigation fee funding(grants,general funds)to cover the cost of the "other" trips since they cannot be levied on developers in the study area. Figure 22.Percent of 2040 Barker Road traffic generated by jurisdiction. Southeast Spokane Liberty Spokane Segment of Barker Road Valley Lake County Other Total North of 1-90 26% 18% 4% 52% 100% 1-90 to Appleway Avenue 19% 16% 17% 48% 100% South of Appleway Avenue 18% 2% 35% 45% 100% Source:Fehr& Peers, 2018 To estimate the fair share transportation impact mitigation fee for new development in each of the jurisdictions, the cost of each project is multiplied by the percent of traffic from that jurisdiction that is forecast to use the infrastructure. Given the relatively low volume of traffic generated by unincorporated Spokane County north of 1-90 and the relatively low volume of traffic generated by Liberty Lake south of Appleway Avenue it is recommended to exclude those jurisdictions from contributing to the cost of projects in those respective segments. It is recommended that new development in Liberty Lake be assessed a fair-share fee of 18% of the capital cost of infrastructure projects needed between Mission Avenue and Boone Avenue and 16% of the capital cost of infrastructure projects needed between 1-90 and Appleway Avenue. Similarly, it is recommended that new development in Spokane County within the south Barker Corridor travel shed (see Figure 21) be assessed a fair-share fee of 17%of the capital cost of infrastructure projects needed between 1-90 and Appleway Avenue and a fair share fee of 35% of the capital cost of infrastructure projects needed between Appleway Avenue and the south city limits. In addition to determining which jurisdictions use the new infrastructure, a fair share transportation impact mitigation fee must consider "existing deficiencies." Impact fee case law clearly states that new developments cannot be charged to fix existing deficiencies to the transportation system. Based on the LOS analysis above, there are existing deficiencies at the 1-90 ramp intersections. Since WSDOT is funding City of Spokane Valley 29 I P a g e SOUTH BARKER CORRIDOR STUDY v8 2/7/20 Updated Report the bulk of the interim improvements at the Barker Road interchange, there is no need to take a credit at that location. When the percentages in Figure 22 are applied to the cost of the projects listed in Figure 20,the fair share cost that can be applied to new development in each jurisdiction is listed in Figure 23.The total fair share cost is estimated at about$1.57 million to Liberty Lake and $3.57 million to Spokane County. It should be noted that Spokane Valley already has an agreement with Spokane County for a number of vested developments to pay a mitigation fee for improvements on Barker Road. The agreement totals$116,411, which was subtracted from the fair-share cost (specifically the Barker Road Improvement Project — Appleway to South City Limits). Figure 23.Fair-share cost by jurisdiction and project. Total Project Spokane Spokane Segment of Barker Road Cost Valley Liberty Lake County 1-90 Eastbound Ramp/Barker Road N/A N/A N/A N/A Interchange Interim Improvements 1-90 Westbound Ramp/ N/A N/A N/A N/A Barker Road Interchange Interim Improvements Sprague/Barker Intersection Improvements $1,517,000 $273,000 $0 $531,000 I-90/Barker Road Interchange Long-Term Not anticipated at N/A N/A N/A Improvements this time Barker Road Improvement Project—Appleway $6,477,000 $1,230,000 $1,036,000 $1,101,000 to 1-90 Barker Road Improvement Project—Mission to $2,950,000 $767,000 $531,000 $0 1-90 Barker Road Improvement Project—Appleway $2,854,000 $514,000 $0 $999,000 minus to South City Limits $116,411 4th Avenue/Barker&8th Avenue/Barker $3,000,000 $540,000 $0 $1,050,000 Intersection Improvements Total $16,798,000 $3,324,000 $1,567,000 $3,565,000* Source:Fehr& Peers, 2018 *Total was reduced by$116,411 to account for the existing mitigation fee agreement between Spokane Valley and Spokane County for several vested developments in Spokane County. Typically, costs to mitigate transportation infrastructure impacts are allocated based on PM peak hour traffic generation. Using PM peak hour trips is typical, since it is the PM peak hour that typically has the most-congested traffic and trips are a way to distribute costs in a way that is proportionate to the total impact generated. In other words, larger developments that generate more trips pay proportionately more than smaller developments that generate fewer trips. To develop a per-trip fee, it necessary to estimate PM peak hour traffic that will be generated by new development in the area that will use the South Barker Road Corridor. This includes portions of Spokane Valley and unincorporated Spokane County with the Barker Road Corridor travel shed and Liberty Lake east of Harvard Road (see Figure 21). Based on the 2015 and 2040 regional travel demand model, it was found that about 5,033 new PM peak hour trips will be generated by new development in this area between 2015 and 2040.This includes 2,212 new PM peak hour trips generated by Spokane Valley, 1,888 new PM peak hour trips generated by Liberty Lake and 933 new PM peak hour trips generated by unincorporated Spokane County. To estimate a cost per PM peak hour trip, one would divide the total City of Spokane Valley 30 I Page SOUTH BARKER CORRIDOR STUDY v8 2/7/20 Updated Report eligible costs of Barker Road projects (project costs minus existing deficiencies) by the new PM peak hour trips forecast to be generated in the study area. As an example, Figure 24 illustrates the cost of each capital improvement project recommended on the South Barker Road Corridor through 2040, along with the portion of the cost attributed to Spokane Valley traffic and the corresponding cost per new PM peak hour trip generated by development east of Flora Road and south of the Spokane River. The total cost of all projects (excluding WSDOT's portion) is about $16.8 million. Using the fair-share estimate, about $3.3 million would be attributed to traffic generated by Southeast Spokane Valley. When the fair share cost is divided by the number of new PM peak hour trips expected from development in Southeast Spokane Valley between 2015 and 2040,the total cost per PM peak hour trip would be $1,503. Figure 24.Cost per PM peak hour trip from new development(2015-2040)in Spokane Valley. New PM Peak COSV Percent Portion Hour Trips Cost per Project Cost Estimates Attributed Attributed from Nearby PM Peak (2018$$) to COSV to COSV COSV Hour Trip Development 1-90 Eastbound Ramp/Barker Road N/A N/A N/A 2,212 N/A Interchange Interim Improvements 1-90 Westbound Ramp/ Barker Road Interchange Interim N/A N/A N/A 2,212 N/A Improvements Sprague/Barker Intersection $1,517,000 18% $273,000 2,212 $123 Improvements 1-90/Barker Road Interchange Long- Not anticipated at N/A N/A 2,212 N/A Term Improvements this time Barker Road Improvement Project— $6,477,000 19% $1,230,000 2,212 $556 Appleway to 1-90 Barker Road Improvement Project— $2,950,000 26% $767,000 2,212 $347 Mission to 1-90 Barker Road Improvement Project— $2,854,000 18% $514,000 2,212 $232 Appleway to South City Limits 4th Avenue/Barker&8th Avenue/Barker Intersection $3,000,000 18% $540,000 2,212 $244 Improvements Total $16,798,000 - $3,324,000 2,212 $1,503 Source:Fehr& Peers, 2018 Applying this same methodology to the other jurisdictions results in a total cost per new PM peak hour trip of$830 for Liberty Lake and $3,821 for the area of unincorporated Spokane County within the South Barker Road travel shed as shown in Figure 25.These fees represent potential fair-share costs that could be levied on new development to help finance projects on the South Barker Corridor. City of Spokane Valley 31 I P a g e SOUTH BARKER CORRIDOR STUDY v8 2/7/20 Updated Report Figure 25.Cost per PM peak hour trip from new development(2015-2040)by jurisdiction. Southeast Spokane Liberty Spokane Segment of Barker Road Valley Lake County North of 1-90 $347 $281 $0 1-90 to Appleway Avenue $556 $549 $1,180 South of Appleway Avenue $600 $0 $2,640 Total $1,503 $830 $3,821 Vested Trips According to data provided by Liberty Lake and Spokane County, a significant number of dwelling units forecast to be added between 2015 and 2040 have already been vested. In the three TAZs in Liberty Lake west of Harvard Road, about 1,490 of the 1,929 total new dwelling units forecast to be added between 2015 and 2040 have already been vested. In addition, a number of properties in Liberty Lake have already been vested for commercial development (about 397,853 sq. ft. across the City). While there is no mechanism to charge a mitigation fee to existing or vested trips, the number of vested trips does not detract from the fact that Barker Road is not expected to meet the City of Spokane Valley LOS standard by 2040, nor does it detract that development and growth in Liberty Lake and Spokane County contributes substantially to the traffic and congestion on Barker Road. One could recalculate a new impact fee that specifically accounts for the vested trips. However, the resulting impact fee for the unvested trips would be higher than what was calculated in this Study. This is because the total costs for the capacity expansion would be the same, but there would be fewer growth trips to spread the cost of necessary transportation improvements across. Based on a rough calculation, it's estimated the cost per PM peak hour trip for unvested growth in Liberty Lake to be approximately $1,200 to $1,300 or about 50% higher than the PM peak hour fee of $830 when vested trips are included. Therefore, Spokane Valley is suggesting that any unvested trips be assessed the fee calculated in this study as its proportionate fair-share fee. This keeps these trips from being additionally cost-burdened because of the inability to capture the costs of the vested trips. It should be noted that Spokane Valley already has an agreement with Spokane County for a number of vested developments to pay a mitigation fee for improvements on Barker Road. The agreement totals $116,411,which was subtracted from the fair-share cost for Spokane County. CONCLUSIONS This report provides a summary of recommended capital improvement projects and estimated costs on the South Barker Corridor between Mission Avenue and the south City limits to be implemented by 2040. Projects are recommended to meet City and WSDOT LOS standards as well as to improve multimodal mobility in preparation for future development. This report also provides analysis of a fair-share cost estimation associated with traffic generated by adjacent jurisdictions and potential development traffic impact mitigation fees as one tool to finance projects. Lastly, guidance is provided to WSDOT on the City of Spokane Valley's preferred interim and long-term alternative for the 1-90 interchange. Analysis of existing conditions shows that both intersections of the Barker Road/I-90 Interchange are not currently operating at acceptable standards and the Barker Road/Sprague Avenue intersection is close to City of Spokane Valley 32 ' Page SOUTH BARKER CORRIDOR STUDY v8 2/7/20 Updated Report failing COSV standards in the PM peak hour.Additionally, by 2040 the Barker Road/Broadway intersection will fail City of Spokane Valley LOS standards.Traffic on Barker Road is expected to grow at a rate of about 1.4% per year through 2040, which will necessitate widening the corridor to five lanes between Mission Avenue and Appleway Avenue. In order to address traffic operations,traffic safety and multimodal mobility on the corridor a total of eight capital improvement projects are recommended to be implemented between now and 2040. These are listed below, organized into four different time frames for implementation based on when the project is needed as well as other factors (including funding availability): • Immediate (2019-2020) o 1-90 Eastbound Ramp/Barker Road Interim Improvements (single-lane roundabout) o 1-90 Westbound Ramp/Barker Road Interim Improvements (single-lane roundabout) • Near-Term (2021-2024) o Barker Road/Sprague Avenue Intersection Improvements • Mid-Term (2025-2030) o 1-90/Barker Road Interchange Long-Term Improvements o Barker Road Improvement Project—1-90 to Appleway Avenue (5-lane urban section) o Barker Road Improvement Project—Mission Avenue to 1-90 (5-lane urban section) • Long-Term (2031-2040) o Barker Road Improvement Project—Appleway Avenue to south City Limits o 4th Avenue/Barker &8th Avenue/Barker Intersection Improvements In summary, the recommended improvements by 2040 would result in the following future condition. Barker Road would have bike lanes and sidewalks on both sides of the street and curb and gutter along the length of the corridor. The road would be widened to five lanes from Mission Avenue to Appleway Avenue, three lanes from Appleway Avenue to Sprague Avenue and two-lanes from Sprague Avenue to the south City limits. South of Sprague,the area between the sidewalks on either side of the street would be wide enough to accommodate a third center turn lane in the future if warranted by development.Two- lane roundabouts would be implemented at both intersection of the 1-90 interchange.The Boone Avenue intersection would be consolidated into a new six-leg roundabout with the 1-90 westbound ramp and Cataldo Avenue. The bridge over 1-90 would be widened to four lanes with wide sidewalks on both sides to accommodate both bicyclists and pedestrians. The east-leg of Broadway would be realigned to meet the west-leg and the Broadway intersection would be converted to a roundabout or reconfigured to prevent left-out movements. New single-lane roundabouts or traffic signals would be implemented at the Sprague Avenue, 4th Avenue and 8th Avenue intersections. The combined costs of the projects, excluding the portion that would be funded by WSDOT, is estimated to be about $16.8 million in 2018 dollars. A fair-share analysis of the corridor was also conducted to highlight how development in Spokane Valley, Liberty Lake, and Spokane County could help to finance these projects. By multiplying the eligible project cost with the fair-share percentage and charging that fee, it would ensure that new development in each jurisdiction is contributing funding to the project reflective of their use of/benefit from the improvement.The fair-share analysis demonstrated that traffic from Southeast Spokane Valley developments will generate fairly equal demand on the length of the corridor. Traffic from Liberty Lake is generally expected to use the section of Barker Road north of Appleway Avenue and traffic from unincorporated Spokane County will generally use the section of the City of Spokane Valley 33 1 Page SOUTH BARKER CORRIDOR STUDY v8 2/7/20 Updated Report corridor south of 1-90. Therefore, it is recommended that a fee program be implemented to collect fees for projects on three distinct segments of the corridor based on the fair-share percentage: • Mission Avenue to 1-90 • 1-90 to Appleway Avenue • Appleway Avenue to south City limits It should be noted that while developer impact fees can provide an important source of funding, after negotiating with developers, elected officials, and neighboring jurisdictions, the impact fees are typically set so that they only cover a portion of project costs (typically less than 50%). Thus, Spokane Valley will need to use other financing strategies to pay for the remaining costs of the projects identified above. Other financing strategies Spokane Valley might consider include implementing a local improvement district or transportation benefit district, and applying for grants. Historically, Spokane Valley has had strong success in seeking and winning external funding, which has kept the costs of expanding transportation infrastructure relatively low for both developers and existing taxpayers compared to other cities in the region and state. City of Spokane Valley 34 I P a g e FEHR ' PEERS Memorandum Date: June 7, 2021 To: Jerremy Clark, City of Spokane Valley From: Patrick Picard, AICP and Chris Breiland, PE, Fehr & Peers Subject: South Barker Corridor Impact Fee Cost Per Trip by Segment Analysis SE21-0769 Introduction The South Barker Corridor Study(Feb 2020), adopted by the City of Spokane Valley on December 15, 2020 pursuant to Ordinance No. 20-026, identified several transportation capacity projects along South Barker Road, between Mission Avenue and the South City Limits, to support future growth and ensure adequate level of service (LOS) through the year 2040. Based on this study, the South Barker Corridor Transportation Impact Fee Rate Study(Oct 2020), adopted by the City of Spokane Valley on December 15, 2020 pursuant to Ordinance No. 20-026, identified a cost per PM peak hour trip for all traffic generated within the Impact Fee Study Area in Spokane Valley, which is typical for a Growth Management Act (GMA) based impact fee program.Additionally, Impact Fee Rate Studies were subsequently completed (in March 2021) for the portion of unincorporated Spokane County and Liberty Lake where future development will generate vehicle trips that will use South Barker Road. The Spokane County and Liberty Lake Impact Fee Rate Studies have not been adopted by either jurisdiction or the City of Spokane Valley as of the date of this memo. While the South Barker Corridor Transportation Impact Fee Rate Study(and subsequent studies in unincorporated Spokane County and Liberty Lake) use an industry-standard method for fairly allocating the costs of new transportation infrastructure, the City of Spokane Valley only has the legal authority to assess impact fees within its jurisdiction. Unless the other jurisdictions adopt the rate studies through an ordinance or an interlocal agreement, the Spokane County and Liberty Lake impact fees are "voluntary."A voluntary fee is a typical way that a development impacting the transportation system can easily mitigate its impact without the need for a complex traffic study. Spokane Valley would consider any development within the traffic analysis zones (TAZs) 518 17th Street I Suite 1100 I Denver, CO 80202 I (303) 296-4300 I Fax(303) 296-4302 www.fehrandpeers.com Jerremy Clark pill June 7, 2021 ti Page 2 of 7 identified in the Spokane County or Liberty Lake Transportation Impact Fee Rate Studies to meet their SEPA obligations relative to traffic impacts on Barker Road to be met if they paid the voluntary fee. However, if a developer opts to review impacts from proposed developments at the time of proposal, this memo provides an analysis of the per trip impact at various points along the south Barker Road corridor. The purpose of this memorandum is twofold: • First, this memorandum clearly documents that any new trip that uses Barker Road between Mission Avenue and the south city limit generates a significant adverse cumulative impact on traffic operations that must be mitigated in order to maintain the City of Spokane Valley's level of service standard. • Second, this memorandum clearly identifies the fair share cost contribution to each trip that passes through each of the infrastructure projects along the Barker Road corridor. Inherently, this method of traffic mitigation and calculating the fair share contribution to funding necessary infrastructure is more complex than the GMA-based approach identified in the South Barker Corridor Transportation Impact Fee Rate Studies. Specifically, this approach requires developers to go one step beyond identifying the number of PM peak hour trips that would be generated by development and also identify the number of those trips that would pass through various segments of Barker Road.This requires additional data collection and potentially travel demand model runs. Once the trip distribution pattern is known and the total trips passing through the entire Barker Road corridor are identified, Spokane Valley may then utilize the amounts identified in this memo as appropriate mitigation for the impacts from those trips. The mitigation is equal to the sum of the cost per each PM peak hour trip that passes through each project. Any project that applies this methodology and pays the fee calculated as described above will be considered to have met its traffic mitigation requirements by the City of Spokane Valley. Methodology Table 1 summarizes the data used to determine the cost per PM peak hour trip for each project trip that uses the new capacity along the Barker Road corridor.This section describes how the costs were calculated. Jerremy Clark pli June 7, 2021 oi Page 3 of 7 Table 1 Cost Per PM Peak Trip Per Project Calculations New PM Peak Eligible Segment or Cost per PM Project Project Cost Intersection Trips Peak Trip Accommodated Barker Rd Improvement- Barker n/o $3,146,000 1,335 $2,356 Mission to 1-90 Boone Barker Rd Improvement- Barker s/o 1-90 to Appleway $6,501,000 917 $7,090 Broadway Barker Rd Improvement- Appleway to South City $3,500,000 Barker s/o 531 $6,591 Limit Appleway Sprague/Barker $1,790,000 Barker/Sprague 1,016 $1,762 Intersection Improvement 4th Ave/Barker&8th Ave/Barker Intersection $3,500,000 Barker/4th Ave 1,405 $2,492 Improvements The steps of this analysis are described below, roughly organized by column in Table 1: • Step 1 - Project Need and Identification:The South Barker Corridor Study identified five transportation capacity projects along South Barker Road for which the City of Spokane Valley would be responsible for funding.These projects are required to meet the City's LOS standards when accounting for the additional traffic generated by future development in the area. In other words, if the City fails to implement these projects, the LOS along Barker Road will not meet the City's established standards as new development along the South Barker Corridor generates additional traffic. The fact that LOS will fail with growth without City action and that the City does not have full funding to address this growth-caused LOS failure leads us to draw the conclusion that any project that adds even a single PM peak hour trip to the Barker Road corridor between Mission Avenue and the south city limits causes a cumulatively significant adverse traffic operations impact that warrants mitigation. Table 2 illustrates the existing and 2040 LOS at each project location. The growth-related impacts at each of the five project locations were identified in the Spokane Valley Comprehensive Plan, the Northeast Industrial Area Planned Action Ordinance SEPA Analysis, and/or the South Barker Corridor Study. Jerremy Clark June 7, 2021 Page4of7 Table 2 2020 and 2040 Level of Service Impact at Each Project Location Project Location Existing LOS 2040 LOS Source without project Barker Rd-Mission Ave D F Comprehensive Plan; to 1-90 Northeast Industrial Area PAO Barker Rd- 1-90 to Appleway Ave D F Comprehensive Plan Barker Rd-Appleway Ave to South City Limit D D Comprehensive Plan Sprague Ave/Barker Rd Z Intersection E F South Barker Corridor Study 4th Ave/Barker Rd&8th Ave/Barker Rd C Di South Barker Corridor Study Intersection 1 The impact identified at this location is based on the roadway not meeting COSV multimodal roadway standards. 2 LOS E is acceptable based on COSV LOS standards for a side street stop. • Step 2—Eligible Project Cost:The eligible cost of each project in 2020 dollars are shown in column 2 of Table 1, totaling $18.8 million, as provided in the adopted South Barker Corridor Transportation Impact Fee Rate Study. Eligible cost includes the project cost minus both dedicated funding from non-City funds as well as costs to mitigate existing deficiencies. • Step 3—Segment/Intersection: In this step, a segment of Barker Road or intersection of Barker Road was identified as the corresponding location for each project from which to measure the number of existing and future trips that uses the new transportation capacity.The segments/intersections are shown in column 3 of Table 1.When assessing the development fee, if a PM peak hour vehicle trip is forecast to pass through this location, then the cost per trip of the associated project would be assessed. • Step 4—PM Peak Trip Growth: Using existing (2018) and forecast (2040) traffic counts estimated as part of the South Barker Corridor Study, the number of existing PM peak hour trips and future PM peak hour trips passing through each segment or intersection was identified.The 2018 PM peak trips was then subtracted from 2040 PM peak trips to get the forecast growth in PM peak trips by 2040 and is shown in Table 3. Jerremy Clark pill June 7, 2021 ,rig Page 5 of 7 Table 3 PM Peak Hour Trip Growth Calculations Segment or 2018 PM 2040 PM PM Peak Trip Growth Intersection Peak Trips Peak Trips (2018-2040) Barker n/o Boone 1,096 1,945 849 Barker s/o Broadway 1,219 2,015 796 Barker s/o Appleway 951 1,430 479 Barker/Sprague 1,269 1,705 436 Barker/4th Ave 880 1,175 295 • Step 5—Excess PM Peak Capacity: In this step, the excess capacity each segment/ intersection project would create in year 2040 was estimated.This is a key step to ensure that development projects that add traffic to the corridor do not pay for capacity that is in excess of what is required to meet LOS standards. Excess capacity was calculated by performing an analysis whereby the number of trips passing through the project location was artificially scaled up until the location exceeded the LOS D threshold, which is the standard set by the City of Spokane Valley Comprehensive Plan.The percent by which traffic would need to grow in order to hit this capacity threshold is shown in Table 4. For intersection projects where the project includes a roundabout, Sidra was used with a volume-to-capacity threshold of 0.85, which is equivalent to LOS D. For widening projects, two analyses were used, including a segment analysis using the Highway Capacity Manual (HCM) LOS methodology for segments, and an intersection LOS analysis based on the LOS at the nearby signalized intersection using Synchro. Of the two results, the one with the lower amount of excess capacity was the amount used (since this lower capacity threshold represents the bottleneck on the segment).The results comparing the two types of analysis for each location are shown in Table 4.The excess capacity of each project was added to the PM peak trip growth forecasts show in Table 3 to arrive at the new PM peak trips accommodated by each project, which is shown in column 4 of Table 1. Jerremy Clark June 7, 2021 Page 6 of 7 Table 4 Excess Capacity Analysis Segment or Excess Capacity Excess Capacity Excess Capacity Intersection Intersection Analysis Segment Analysis (lower of the two) Barker n/o Boone 25%1 54% 25% Barker s/o Broadway 6%2 49% 6% Barker s/o Appleway 34%3 4% 4% Barker/Sprague 34% N/A—intersection 34% improvement Barker/4th Ave 94% N/A—intersection 94% improvement 1:This value represents the excess capacity at the Barker Road&Mission Avenue intersection in 2040 after improvements,which is the constraining intersection along this segment of Barker Road. 2:This value represents the excess capacity at the Barker Road&Appleway Boulevard intersection in 2040 after improvements,which is the constraining intersection along this segment of Barker Road. 3:This value represents the excess capacity at the Barker Road&Sprague Avenue intersection in 2040 after improvements,which is the constraining intersection along this segment of Barker Road. • Step 6—Cost per PM Peak Trip (factoring excess capacity)— In the last step of the analysis, the cost per PM peak hour trip that pass through each project location was estimated by dividing the new PM peak trips accommodated (column 4) by the associated project cost (column 2).The results are shown in the far-right column of Table 1.This reflects the cost of the additional capacity for each trip that can take advantage of the capacity, even if some of the capacity is in excess of what future development on the corridor is forecast to consume by 2040 (i.e., this methodology lowers the cost per PM peak hour trip compared to an analysis that does not factor in excess capacity). Conclusions The analysis presented in this memo estimates the cost per PM peak hour trip per project on the South Barker Corridor that could be assessed to developers based on the number of trips that would pass through each impacted roadway segment and intersection.The findings of this analysis are presented in the far-right column of Table 1. If this method was used to assess developer impact mitigation fees in the South Barker Corridor, each developer would need to provide an estimate of the number of trips from their development expected to pass through each of the five segments of the South Barker Corridor listed in Table 1. The total of all those costs would be the amount that would need to be paid to provide for a fair share mitigation for Jerremy Clark pli June 7, 2021 ili Page7of7 cumulative traffic impacts on the corridor. As an example, for each trip that would pass through the entire length of the corridor, the developer would be assessed for all five projects, totaling $20,292 per PM peak hour vehicle trip. If a trip only traveled along the segment of Barker Road from Mission Avenue to Appleway Boulevard, then the developer would only be assessed for the first two projects in Table 1, which would total $9,446 per trip. If a trip only traveled along Barker Road from the 1-90 interchange to Sprague Avenue, then the developer would only be assessed for the second, third, and fourth projects in Table 1, which would total $15,444 per trip. South Barker Corridor Transportation Impact Fee Rate Study For Spokane County Prepared for: City of Spokane Valley, Washington Updated January 2022 SE21-0679/ DN21-0719 FEHRk PEERS Table of Contents Introduction 1 Study Area 2 Methodology 4 Project List 5 Travel Growth 6 Cost Allocation 8 Existing Transportation Deficiencies 8 Fair-Share Cost 9 Impact Fee Schedule 11 Trip Generation 11 Pass-By Trip Adjustment 11 Schedule of Rates 11 Appendices Appendix A— Expanded Impact Fee Schedule Appendix B—South Barker Corridor Study List of Figures Figure 1: Transportation Analysis Zones Included South Barker Corridor Study Fair-Share Analysis 3 Figure 2. Impact Fee Methodology 4 Figure 3. Impact Fee Cost Allocation 8 List of Tables Table 1. South Barker Corridor Project List and Cost Estimates (cont. on next page) 5 Table 2. Growth in Study Area PM Peak Hour Vehicle Trips (2015-2040) 7 Table 3. Percent of 2040 Traffic on Barker Road Attributable to Study Area 9 Table 4. Cost Per PM Peak Hour Trip Calculations 10 Table 5. Impact Fee Schedule 12 Table 6. Expanded Impact Fee Schedule 13 This page intentionally left blank. Introduction This report documents the methods, assumptions, and findings of a transportation impact fee (TIF) rate study for the South Barker Corridor in Spokane Valley specifically for development in unincorporated Spokane County south of the corridor.A TIF Rate Study for development withing Spokane Valley that impacts traffic was adopted by City of Spokane Valley City Council on December 15, 2020.The need for a TIF is identified in the South Barker Corridor Study(Feb 2020, adopted by the City of Spokane Valley City Council on December 15, 2020), which documented the growth along the corridor, projected how that growth will degrade traffic operations along Barker Road, and identified several transportation capacity projects to support growth and ensure adequate level of service through the year 2040. That study identified the needed future improvements along the corridor, completed project cost estimates, and included a fair share cost analysis to separate project costs between growth in unincorporated Spokane County south of the corridor and growth from other parts of the region. Without improvements on this corridor, the residents and businesses in this area of Spokane County will experience the traffic impacts on South Barker Road as part of their daily travel. This TIF rate study builds on the South Barker Corridor Study and identifies a Growth Management Act (GMA) compliant impact fee rate schedule per development unit.The City of Spokane Valley understands that it cannot impose a GMA impact fee on another community, but the State Environmental Policy Act requires that all projects disclose traffic congestion impacts that result from implementation of the project and to identify feasible mitigation to reduce the significance of the impact. Therefore, this TIF rate study was prepared to calculate the fair share mitigation fee for Barker Road improvements that are required to support development in unincorporated Spokane County.This TIF rate study uses the same methodology as the as the Rate Study prepared for Spokane Valley development that was adopted by City of Spokane Valley City Council on December 15, 2020; a similar TIF rate study has also been prepared for development in Liberty Lake. By using a consistent methodology, development in any jurisdiction along the Barker Road corridor can be assured they are paying their fair share for future capacity improvements. It is our understanding that some developers may not agree with the GMA-based impact fee identified in this report.Therefore, we have identified an alternative method to address the documented significant traffic operations impacts of development in unincorporated Spokane County on Barker Road. Under this alternative methodology, a detailed traffic study would be required to track all trips generated by planned development that would use different sections of the Barker Road corridor and pay their fair share to the roadway and intersection improvements to meet Spokane Valley's LOS standard. A review of several sample projects indicates that this alternative analysis method generally results in a higher mitigation fee for developers and has substantial costs to hire a traffic engineer to prepare the study.Therefore, the City of Spokane Valley considers payment of the GMA-based fee to be a solid approach to promote development and economic activity in unincorporated Spokane County but also ensure that Spokane Valley residents and development are not left with a disproportionate share of the cost to accommodate traffic and traffic-related impacts coming from unincorporated Spokane County. South Barker Transportation Impact Fee Rate Study for Spokane County Updated January 2022 Study Area The South Barker Corridor extends along Barker Road from Mission Avenue to the south city limits of Spokane Valley. The South Barker Corridor Study defined the impact fee area for the South Barker Corridor as shown in Figure 1. Figure 1 shows the portions of Spokane Valley, Liberty Lake, and unincorporated Spokane County near the South Barker Corridor where development would have the greatest impact on traffic in the corridor. The area was defined using a select zone analysis from the Spokane Regional Transportation Council (SRTC) regional travel demand model to quantify the impact of the transportation analysis zones (TAZs) near the corridor. Combined, this area is expected to contribute between 45% and 52% of future traffic on South Barker Road (depending on the segment of Barker Road). It should be noted that development in the Northeast Industrial Area (north of the Spokane River) also contributes to traffic on the Barker Road corridor north of 1-90.A separate Planned Action Ordinance to assess SEPA mitigation fees for projects on Barker Road north of 1-90 was previously prepared for the Northeast Industrial Area. Fair share fees are currently being collected from development in the PAO to fund traffic mitigation projects on Barker Road north of 1-90 based on a fair share analysis performed as part of that project.The financial contributions from the Northeast Industrial Area are accounted for in this TIF rate study. The South Barker Corridor TIF rate for Spokane County provided in this study would apply to any new development in the Spokane County TAZs identified in the South Barker Corridor Study, which is the area shaded in blue on Figure 1. This includes the following TAZs: 390, 393, 443, 575, 576, and 586.1 This area will be referred to in this report as the South Barker Corridor Spokane County TIF area. Based on the analysis provided in the South Barker Corridor Study, future development in the South Barker Corridor Spokane County TIF area is expected to contribute between 17% and 35% of future traffic on the South Barker Corridor south of 1-90 - depending on the segment of the corridor. 1 Note that TAZ 444 was included in the South Barker Corridor Study as a Spokane County TAZ that would impact the corridor. However, in preparing this study and reviewing the data, there is relatively little growth forecasted for this TAZ and traffic also does not rely on Barker Road as much as the other TAZs.Therefore, for the purposes of setting the rate for this study,TAZ 444 was excluded from the TIF area. 2 ,1 Figure 1: Transportation Analysis Zones Included South Barker Corridor Study Fair-Share Analysis South Barker Transportation Impact Fee Rate Study for Spokane County Updated January 2022 Methodology The impact fee for the South Barker Corridor is based on the fair share of transportation improvement costs that may be charged to new development in the area. Revised Code of Washington Section 82.02.050 authorizes cities planning under the GMA to impose impact fees for system improvements that are reasonably required to support and mitigate the impacts of new development. Fees may not exceed a proportionate share of the costs of improvements and cannot be used to fund existing deficiencies. Understanding that Spokane Valley cannot implement impact fees in Spokane County, this study is intended to demonstrate the impact of development in unincorporated Spokane County on the South Barker Corridor and quantify the fair share fees to mitigate Spokane County's development impacts using the same methodology that was applied to Figure 2. Impact Fee development in Spokane Valley. Methodology The following key points summarize the process for developing the impact fee Projects and costs structure (refer to Figure 2): identified (from the South Barker Corridor Study) • The South Barker Corridor Study identified a list of future projects to address unacceptable levels of service and estimated costs along Barker 1 Road that will be needed to support future growth through the year 2040. Eligible project costs • The South Barker Corridor Study also accounted for any existing deficiency identified (from South (intersections/roadway segments that do not meet current level of service Barker Corridor Study) standards) and committed outside funding sources by deducting the costs of those deficiencies/external funds from the total project cost. Fair share of each project • The South Barker Corridor Study next assigned the fair share of each to southeast Spokane project's costs to unincorporated Spokane County and other nearby areas Valley identified (South as mapped in Figure 1. Barker Corridor Study) • The forecast growth in PM peak hour vehicle trips in Spokane County was estimated by converting the forecast land use growth in the SRTC regional travel demand model using the Institute of Transportation Forecast growth in PM peak hour vehicle trips in Engineers (ITE) Trip Generation Manual, 10th Edition. southeast Spokane Valley • A cost per PM peak hour vehicle trip was calculated by dividing the fair share cost of each project by the growth in vehicle trips from unincorporated Spokane County. Growth cost allocation • Lastly, a land use-based fee schedule was developed using the cost per (cost per PM peak hour PM peak hour vehicle trip calculated above. Trip rates for multiple land vehicle trip) use categories were estimated using vehicle trip generation rates from the ITE Trip Generation Manual, 10th Edition. Using the ITE Trip Generation Manual will provide consistency between a project trip Impact Fee Schedule generation letter or traffic impact study and the impact fee rate. pr r 01 The following sections describe in detail these elements that that are integral to the final impact fee schedule. Project List The South Barker Corridor Study, completed in July 2019 and updated in February 2020, and adopted by the City of Spokane Valley on December 15, 2020 pursuant to Ordinance No. 20-026, included an analysis of traffic demand through the year 2040 to identify traffic improvement projects on the segment of Barker Road between Mission Avenue and the south City limits of Spokane Valley.That study identified a total of eight projects that will be needed by 2040 to accommodate future growth and maintain level of service standards (i.e., avoid significant and unavoidable transportation impacts). Those projects, and costs in 2020 dollars, are shown in Table 1. Three of the projects include improvements to the Barker Road/I-90 interchange that will primarily be the responsibility of the Washington Department of Transportation (WSDOT). At this time, there are no anticipated costs to the City of Spokane Valley(COSV) for these projects.Therefore, the five projects identified in the South Barker Corridor Study for which COSV would be responsible for funding total approximately$18.8 million in 2020 dollars (note:these costs have been updated from the cost estimates in the South Barker Corridor Study to account for construction cost inflation and/or more detailed cost estimates by COSV). Table 1. South Barker Corridor Project List and Cost Estimates (cont. on next page) Agency COSY Cost Project Description Program Estimate(2020 Responsible dollars) Constructed in 2020 90 Eastbound Ramp/ Reconstruct intersection with single- Barker Road Interchange lane roundabout and two eastbound Horizon 2040 WSDOT N/A Interim Improvements approach lanes; realign east leg of Plan (#12) Broadway 90 Westbound Ramp/ Reconstruct intersection with single- Barker Road Interchange lane roundabout and two southbound Horizon 2040 WSDOT N/A Interim Improvements approach lanes;convert Barker/Boone Plan (#12) to right-in/right-out Near-Term(2021-2024) Sprague/Barker Reconstruct intersection with single- 2021-2026 Intersection lane roundabout TIP(#28) COSV $2,139,000 Improvements Mid- Term(2025-2030) AIL 4 Replace Barker Rd. Bridge,widen to 4- 90/Barker Road lanes from Boone Ave.to Broadway; I-Interchange Long Term reconstruct both intersections to 2-lane Horizon 2040 WSDOT Not anticipated Improvements roundabout; reconstruct Barker/I-90 Plan (#12) at this time WB ramp intersection to six-leg roundabout with Boone Avenue South Barker Transportation Impact Fee Rate Study for Spokane County Updated January 2022 Agency COSV Cost Project Description Program Estimate (2020 Responsible dollars) Barker Road Improvement Project— Widen and improve to 5-lane urban 2021-2026 COSV $6,501,000 Appleway to 1-90 section; roundabout @ Broadway TIP (#44) Barker Road Widen and improve to 5-lane urban 2021-2026 Improvement Project— COSV $3,146,000 Mission to 1-90 section TIP (#61) Long-Term (2031-2040) Barker Road Reconstruct and widen north of Improvement Project— Sprague to 3-lane urban section, and 2019-2024 COSV $3,500,000 Appleway to South City south of Sprague to 2-lane urban TIP (#20) Limits section 4th Avenue/Barker&8th Reconstruct 4th Ave.and 8th Ave. Avenue/Barker 2019-2024 Intersection intersections with single-lane TIP (#21) COSV $3,500,000 Improvements roundabouts TOTAL $18,786,000 Source:South Barker Corridor Study(February 2020).Costs were updates to 2020 dollars based on the COSV 2021-2026 TIP for all projects except Barker Road Improvement Project—Mission to 1-90.Cost for that project was updated using construction inflation rates. Note:Horizon 2040:SRTC Long Range Transportation Plan;TIP:City of Spokane Valley Transportation Improvement Plan. Travel Growth Determining the growth in travel demand caused by new development is a key requirement for a TIF program. In nearly every TIF program across Washington and the country, the total eligible costs of building new transportation capacity is divided by the total growth in trips to determine a cost per trip. All developments pay the same cost per trip, but larger developments that generate more trips pay a higher total fee than smaller developments. In this way, the cost to provide the new transportation infrastructure is fairly apportioned to new development. Moreover, in setting the boundary for the TIF, a select zone analysis was performed to validate that all the areas within the TIF area contributed a meaningful amount of total traffic to Barker Road relative to the amount of growth expected. The amount of traffic varies somewhat based on which segment of Barker Road is evaluated and which TAZ the project resides in, but in all cases each of the seven identified TAZs within the TIF area contribute a similar proportion of the total Spokane County traffic along the corridor relative to the amount of growth expected in the respective TAZ. For the South Barker Corridor Spokane County TIF, the future growth in PM peak hour vehicle trips was estimated using the change in land use in the study area from the 2015 and 2040 SRTC regional travel demand model as well as trip rates from the ITE Trip Generation Manual, 10th Edition.The SRTC travel demand model includes 11 land use categories: two residential and nine non-residential categories. For each land use in the SRTC model, an associated ITE trip rate was identified. Total PM peak hour vehicle rr trips within the study area were calculated by multiplying the PM peak hour trip rate identified by ITE by the forecast growth (from 2015 to 2040) in dwelling units, employees, or hotel rooms, depending on the land use.Table 2 summarizes the calculation. Table 2. Growth in Study Area PM Peak Hour Vehicle Trips (2015-2040) ITE Average Growth in SRTC Land Use (LU) 2015 2040 Unit of ITE Code ITE Description Trip Rate 1 Trips(LU LU Growth Measure growth x (PM peak hr.) trip rate) Single Family Dwelling Single-Family Detached 1,096 210 0.99 1,085 Residential Units Housing Multi-Family 0 Dwelling N/A N/A N/A 0 Residential Units Hotel/Motel 0 Rooms N/A N/A N/A 0 Agriculture, Forestry, Mining, Industrial, 0 Employees N/A N/A N/A 0 Manufacturing, Wholesale Retail Trade (Non- Central Business 9 Employees 820 Shopping Center 1.62 15 District) Services and Offices 17 Employees 710 General Office Building 0.40 7 Finance, Insurance, and Real Estate 2 Employees 710 General Office Building 0.40 1 Services (FIRES) Medical 0 Employees N/A N/A N/A 0 Retail Trade (CBD) 0 Employees N/A N/A N/A 0 Education Employees 0 Employees N/A N/A N/A 0 University Employees 0 Employees N/A N/A N/A 0 Total Growth in PM Peak Hour Trips 1,1072 1.ITE Trip Generation Manual, 10'Edition;average trip rate of adjacent street traffic 4-6 PM was used for all land uses given growth will occur among developments of various sizes. 2.Estimated growth in trips differ from the findings in the South Barker Corridor Study because estimates in this study are based on the ITE trip generation rates as opposed to trip growth outputs of the SRTC regional travel demand model. Using this methodology, it is forecast that the South Barker Corridor Spokane County TIF area would generate about 1,107 new PM peak hour vehicle trips by 2040. This total PM peak hour vehicle trip growth is one of the key foundations of calculating the TIF rate. Note: the trip growth by 2040 differs from the trip growth estimated in the South Barker Corridor Study as the estimate in this report is based on ITE trip rates derived from forecast land use growth, while for the South Barker Corridor Study trip generation was South Barker Transportation Impact Fee Rate Study for Spokane County Updated January 2022 pulled directly from the SRTC regional travel demand model. ITE Trip rates were used to develop the TIF rate since this is the most common method used when traffic impact analysis and trip generation letters are prepared. This conversion of trips is necessary to develop costs per unit of development as opposed to cost per trip It should also be noted that the conversion based on ITE trip rates results in a higher number of estimated trips and ultimately lower per-trip fees than the land use conversion method used in the South Barker Corridor Study. Cost Allocation Three steps were used to allocate costs per PM peak hour trip, see Figure 3. First, the TIF methodology must separate the share of project costs that address existing deficiencies from the share of project costs that add transportation capacity and serve new growth. Second, resulting growth-related improvement costs are then further separated to identify the share of growth related to land development in Barker Road Corridor Spokane County TIF area. It should be noted that dedicated funding from external sources (state/regional grants, other mitigation payments, etc.) is considered in the impact fee eligible costs, if the dedicated funding exceeds the share of costs caused by growth outside of the TIF areas.This is currently not the case, thus non-City funding sources were not excluded from the total eligible project cost.Third, funds from a previous agreement between City of Spokane Valley and Spokane County for a number of vested developments to pay a mitigation fee for improvements on Barker Road (totaling $116,441) were separated from Spokane County's share. Figure 3. Impact Fee Cost Allocation STEPS Project List $8.8M 0 Future Growth Existing Deficiency $18.8 M $6 0 County TIF Share COSY TIF Share Liberty Lake NE Industrial Outside TIF Areas $4.2 M $3 7 M TIF Share Area PAO $g,OM $1.6 M $617 K Eligible Impact Fee Existing Agreements Other Funds Needed 5166K $9.0M Existing Transportation Deficiencies An existing conditions analysis was conducted as part of the South Barker Corridor Study, which identified existing level of service deficiencies at the Barker Road and 1-90 intersections. A deficiency at an intersection is defined as a level of service rating of E or lower at a signalized intersection or level of service F at an unsignalized intersection as established in the Spokane Valley Comprehensive Plan. Since the three projects at the Barker Road and 1-90 interchange are expected to be funded by WSDOT, the cost of these projects was not included in the total project cost for the South Barker Corridor. No other locations along the corridor were identified as having an existing deficiency. Therefore, no costs were deducted from the total project cost on account of an existing deficiency. Fair-Share Cost With deficiencies accounted for, all the remaining project costs are related to supporting new growth in trips that will be funded by COSV. However, not all the growth comes from development in the South Barker Corridor Spokane County TIF area—there is a portion of growth that comes from Spokane Valley and other surrounding jurisdictions. To ensure that the costs assessed to development as part of the TIF are fair and proportional to the impact, a fair share percentage was used. The South Barker Corridor Study identified the percentage of traffic growth in three different segments of the South Barker Corridor that are expected to be attributable to development in the South Barker Corridor Spokane County TIF area. This was done using a select zone analysis in the 2040 SRTC travel demand model. The percentage ranges from less than 5% in the north end of the corridor to 35% in the south end of the corridor as shown in Table 3. Given less than 5% of traffic north of 1-90 is generated by trips from unincorporated Spokane County the cost of projects in that segment of the corridor were excluded from the fee. Table 3. Percent of 2040 Traffic on Barker Road Attributable to Study Area Segment of Barker Road Unincorporated Spokane County(TIF Area) North of 1-90 4% 1-90 to Appleway Avenue 17% South of Appleway Avenue 35% Source:South Barker Corridor Study The fair share percentages were multiplied by the eligible cost of each project in the corridor to get the cost of growth-related transportation improvements on the South Barker Corridor that is expected to be attributable to development in the South Barker Corridor Spokane County TIF area.This equates to $4,186,409. Lastly, the City of Spokane Valley and Spokane County have a previous agreement for a number of vested developments to pay a mitigation fee for improvements on Barker Road, totaling $116,441. This amount was deducted from Spokane County's share to arrive at a total fair share cost attributable to development in unincorporated Spokane County of$4,070,998.2 This cost was divided by the forecast new PM peak hour trips generated by new development in this area (1,107) to arrive at a cost per new PM peak hour vehicle trip of$3,677. 2 Development that have a vested building permit that includes a mitigation payment toward improvements along the South Barker Corridor would not have to pay this TIF. 9 South Barker Transportation Impact Fee Rate Study for Spokane County Updated January 2022 Table 4. Cost Per PM Peak Hour Trip Calculations Cost to Address TIF Area Fair Cost Project Cost Eligible Project (to COSV) Existing Project Cost Share Attributable Deficiencies Percent to Study Area 1-90 Eastbound Ramp/Barker Road Interchange Interim N/A N/A N/A N/A N/A Improvements 1-90 Westbound Ramp/ Barker Road Interchange Interim N/A N/A N/A N/A N/A Improvements Sprague/Barker Intersection $2,139,000 $0 $2,139,000 35% $748,650 Improvements I-90/Barker Road Interchange Not None None Long Term Improvements anticipated $0 anticipated N/A anticipated at at this time at this time this time Barker Road Improvement Project $6,501,000 $0 $6,501,000 17% $1,105,170 —Appleway to 1-90 Barker Road Improvement Project $3,146,000 $0 $3,146,000 N/A $0 —Mission to 1-90 Barker Road Improvement Project $3,500,000 $0 $3,500,000 35% $1,108,590 —Appleway to South City Limits 4th Avenue/Barker&8th Avenue/Barker Intersection $3,500,000 $0 $3,500,000 35% $1,108,590 Improvements SUBTOTAL $18,786,000 $0 $18,786,000 Varies $4,186,410 Minus Funds from Previous Agreements $116,411 TOTAL $4,070,998 PM Peak Trips 1,107 Cost Per PM Peak Trip $3,677 When taking all the above calculations into consideration, the South Barker Corridor Spokane County TIF would contribute up to 22 percent of the total $18.8 million eligible cost of the improvement projects on the South Barker Corridor. City matching funds, regional funds, new grants, TIFs from Spokane Valley development, and other sources would provide the remaining 78 percent of the total project costs. pr r Impact Fee Schedule The impact fee schedule was developed by adjusting the cost per PM peak hour vehicle trip to reflect differences in trip-making characteristics for the general land use types forecast in the SRTC regional travel demand model.The fee schedule is a table where fees are represented as dollars per unit for each land use category which makes it easier for developers to calculate their impact fee rates.Table 5 shows the various components of the fee schedule. Trip Generation Trip generation rates for each land use type in the PM peak hour were derived from average trip rates for selected land uses of the ITE Trip Generation Manual, 10th Edition to ensure consistent and repeatable calculations across all land uses. Pass-By Trip Adjustment The ITE trip generation rates represent total vehicles entering and leaving a development. For certain land uses (e.g., retail, convenience stores, etc.), a substantial amount of the motorized travel is already passing by the property and merely turns into and out of the driveway.These pass-by trips do not add trips to the surrounding street system and therefore are subtracted out prior to calculating the impact fee. The resulting trips are considered "new"trips and are therefore subject to the impact fee calculation. The pass- by trip percentages are taken from the ITE Trip Generation Handbook, 3rd Edition (2017). Schedule of Rates The proposed impact fee rates are shown in Table 5.An expanded table of land uses is provided in Table 6 in Appendix A. In the fee schedule, fees are shown as dollars per unit of development for various land use categories. The impact fee program is flexible in that if a use does not fit into one of the ITE land use categories listed, an impact fee can be calculated based on the development's projected net PM peak hour vehicle trip generation (accounting for pass-by trips) and multiplied by the cost per PM peak hour trip of$3,677 as shown in Table 5. Projects with land uses not in Table 5 or Table 6 shall prepare a trip generation and distribution letter and will be responsible for a fee based on $3,677 per PM peak hour vehicle trip. South Barker Transportation Impact Fee Rate Study for Spokane County Updated January 2022 Table 5. Impact Fee Schedule South Barker Corridor Spokane County Transportation Impact Fee Rate Schedule Adjusted Trips Impact Fee Per Unit 4 @ PM Peak Vehicle Passby ITE Code ITE Land Use Category Z per Unit of Trip Rate Measure 3 $3,677 per PM Peak Vehicle Trip 210 Single Family&Duplex 0.94 0% 0.94 $3,456 per dwelling unit 220 Multi-Family(Low-Rise)-Not Close to Rail Transit 0.51 0% 0.51 $1,875 per dwelling unit 310 Hotel(3 or More Levels) 0.59 0% 0.59 $2,169 per room 520 Elementary School 0.16 0% 0.16000 $588.28 per student 5 630 Medical Clinic 0.00369 0% 0.00369 $13.57 per sq ft 710 General Office 0.00144 0% 0.00144 $5.29 per sq ft 820 Shopping Center 0.0034 29% 0.00241 $8.88 per sq ft 1 ITE Trip Generation Manual(11th Edition):4-6 PM Peak Hour Vehicle Trip Generation Rates for the Adjacent Street Traffic(weekday 4-6PM);This worksheet represents only the generalized land uses in the SRTC regional travel demand model and is NOT all-inclusive;see Table 6 for a wider variety of uses;Projects with land uses not in Table 5 or 6 will be responsible for a fee based on$3,677 per PM peak hour trip. 'Pass by rates were updated based on the Pass-By Data and Rate Tables/2021 Pass-By Tables for ITETripGen Appendices,11th Edition 3 PM peak trip rate excluding passby trips °sq ft=square feet,room=available hotel/motel room ITE also includes an employment-based trip rate which may be used if approved by Spokane Valley PI 12 i Appendix A - Expanded Impact Fee Schedule Table 6. Expanded Impact Fee Schedule South Barker Corridor Spokane County Transportation Impact Fee Rate Schedule PM Peak Adjusted Impact Fee Per Unit° @ Land Use Group ITEC ITE Land Use Category Vehicle Passby%x Trips per Unit Trip s Rate' of Measure $3,677 per PM Peak Vehicle Trip 210 Single Family&Duplex 0.94 0% 0.94 $3,456 per dwelling unit Residential 220 Multi-Family(Low-Rise)-Not Close to Rail Transit 0.51 0% 0.51 $1,875 per dwelling unit 310 Hotel(3 or More Levels) 0.59 0% 0.59 $2,169 per room Services 492 Health Club 0.00345 0% 0.00345 $12.68 per sq ft 912 Bank 0.02101 35% 0.01366 $50.21 per sq ft 520 Elementary School 0.16 0% 0.16000 $588.28 per student s Institution 522 Middle School 0.15 0% 0.15000 $551.52 per student 5 525 High School 0.14 0% 0.14000 $514.75 per students 975 Drinking Establishment 0.01136 43% 0.00648 $23.81 per sq ft Restaurant 934 Fast Food Restaurant(with drive-thru) 0.03303 55% 0.01486 $54.65 per sq ft 937 Coffee Shop with Drive-Thru 0.03899 89% 0.00429 $15.77 per sq ft 820 Shopping Center 0.0034 29% 0.00241 $8.88 per sq ft Retail 841 Automobile Sales-Used/New 0.00375 0% 0.00375 $13.79 per sq ft 945 Convenience Store/Gas Station-GFA(4-5.sk) 22.76 66% 7.74 $28,452 per pump 110 Light Industry/High Technology 0.00065 0% 0.00065 $2.39 per sq ft 140 Manufacturing 0.00074 0% 0.00074 $2.72 per sq ft Industrial 150 Warehousing 0.00018 0% 0.00018 $0.66 per sgft 151 Mini-Storage 0.00015 0% 0.00015 $0.55 per sq ft 710 General Office 0.00144 0% 0.00144 $5.29 per sgft Office 720 Medical Office/Clinic 0.00393 0% 0.00393 $14.45 per sq ft 750 Office Park 0.0013 0% 0.00130 $4.78 per sq ft 'ITE Trip Generation Manual(11th Edition):4-6 PM Peak Hour Vehicle Trip Generation Rates for the Adjacent Street Traffic(weekday 4-6PM);This worksheet represents only the most common uses in southeast Spokane Valley and is NOT all-inclusive;Projects with land uses not in Table 5 or 6 will be responsible for a fee based on$3,677 per PM peak hour trip. 2 Pass by rates were updated based on the Pass-By Data and Rate Tables/2021 Pass-By Tables for ITETripGen Appendices,11th Edition 3 PM peak trip rate excluding passby trips °sq ft=square feet,pump=vehicle fueling position(VFA),room=available hotel room 5 ITE also includes an employment-based trip rate which may be used if approved by Spokane Valley FEHR ' PEERS Appendix B - South Barker Corridor Study FEHRk PEERS • 1.1, • _ . . • ..,. •• ---••• • • ••- . .„.. 740110"r•- • •:,... --i,--1'''' 44116- ..,- - 1-',.. .. :. . 1.,,f..--s .,„...,,,•••14,-1 .;.,;.‘----- .,--. 4- - -.4., -....- .-- - .-:„ .••'--'4-.:-. -5.:-' . •.••'.' 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', . • -.., t....ss . . ...,..._\..• _ tei t gi, _ , . :,,, ;., „„ .4 _ '''''" . :, ...... 4-- \ . • -\ , I ..7. '. _---- ..............1"c•r-4,4kr_lu.,_,-- - FEHR -.''11' PEERS SOkane FINAL REPORT I UPDATED FEBRUARY 2020 .00'Valley Contents Introduction 3 Methods &Assumptions 5 Existing Conditions 9 1-90 Interchange Interim Improvements Summary& Findings 13 2040 Analysis & Findings 15 2040 Recommendations 23 Implementation 26 Conclusions 32 List of Figures Figure 1. Study Area Intersections 4 Figure 2: Level of service description and delay thresholds at intersections 8 Figure 3. Existing conditions traffic volumes and lane configurations 10 Figure 4. Existing conditions level of service and delay 11 Figure 5. Existing AM peak hour queue lengths at the Barker Road/I-90 interchange 12 Figure 6. Existing PM peak hour queue lengths at the Barker Road/I-90 interchange 12 Figure 7. Barker Road/I-90 Interchange Interim Concept proposed by WSDOT 13 Figure 8. Barker Road/I-90 westbound ramp intersection— revised Interim Concept 14 Figure 9. Year 2028 SimTraffic LOS results under the "hook ramp" concept at the Barker Road/I-90 westbound ramp 15 Figure 10. 2040 conditions traffic volumes and lane configurations 16 Figure 11. 2040 Barker Rd/I-90 eastbound ramp intersection concept (same as Barker Road IJR preferred alternative) 18 Figure 12. 2040 Barker Rd/I-90 westbound ramp intersection concept (modified from Barker Road IJR preferred alternative) 18 Figure 13. 2040 conditions level of service and delay. 19 Figure 14. Volume-to-capacity ratio in 2040 for Barker Road/I-90 interchange roundabouts. 19 Figure 15. Volume-to-capacity ratio, LOS and/or delay in 2040 with mitigations. 20 Figure 16. Pros and cons of a roundabout versus a traffic signal at Barker Road/Sprague Avenue intersection. 21 Figure 17. Diverging roundabout concept. 22 Figure 18. 2040 volume-to-capacity ratio and 95%queue with a single-lane diverging roundabout. 22 Figure 19. Pros and cons of a two-lane versus three-lane configuration south of Appleway. 25 Figure 20. South Barker Road projects and cost estimates to be implemented through year 2040. 26 Figure 21. Transportation analysis zones by jurisdiction included in the fair-share cost analysis. 28 Figure 22. Percent of 2040 Barker Road traffic generated by jurisdiction. 29 Figure 23. Fair-share cost by jurisdiction and project 30 Figure 24. Cost per PM peak hour trip from new development (2015-2040) in Spokane Valley 31 Figure 25. Cost per PM peak hour trip from new development (2015-2040) by jurisdiction. 32 SOUTH BARKER CORRIDOR STUDY v8 2/7/20 Updated Report INTRODUCTION This report presents the findings and recommended improvements of the South Barker Corridor Study. The purpose of the South Barker Corridor Study is to analyze traffic demands through year 2040 and identify potential traffic improvement projects on the segment of Barker Road between Mission Avenue and the South City Limits in Spokane Valley,Washington.The study includes planning-level cost estimates of improvements and an estimate of the proportion of traffic along segments of the corridor from adjacent jurisdictions (Liberty Lake and Spokane County) to assist in developing potential mitigation fee payments for the new development that is occurring in this part of the Spokane region. In addition, this study analyzed traffic operations at the Barker Road/I-90 interchange under the WSDOT interim concept (year 2020) and long-term concept (by year 2040) to verify that the proposed interchange improvements will operate adequately and serve the planned growth in Spokane Valley and the surrounding area. Based on the analysis, guidance is provided to WSDOT on the City of Spokane Valley's preferred interim and long- term improvements for the 1-90 interchange. Study Area The study area includes the Barker Road corridor between Mission Avenue and the South City Limits on the east side of Spokane Valley.The following 10 intersections along Barker Road were included in the study and mapped in Figure 1. 1. Barker Road/Mission Avenue 2. Barker Road/Boone Avenue 3. Barker Road/I-90 westbound ramp/Cataldo Avenue 4. Barker Road/I-90 eastbound ramp 5. Barker Road/Broadway(east) 6. Barker Road/Broadway(west) 7. Barker Road/Appleway Avenue 8. Barker Road/Sprague Avenue 9. Barker Road/4th Avenue 10. Barker Road/8th Avenue City of Spokane Valley 3 I P a g e SOUTH BARKER CORRIDOR STUDY v8 2/7/20 Updated Report Figure 1.Study Area Intersections Mission A, Maxweli kr Li Sint° Ay it Sharp Ay L7 Boone Av$ G°'o Air V Br-Oarayr Broadway Av 4a.- Alkl Av Pg pJ pp E PO ID 2Ea E E. Sprague Ay 2nd Av Srd Av 4th Aid Sth AM 0 2 11 I" 9th Ay ..., loth � ; 1__-, _� `' , City of Spokane Valley Wage SOUTH BARKER CORRIDOR STUDY v8 2/7/20 Updated Report METHODS & ASSUMPTIONS The following methods and assumptions were applied to forecast traffic and analyze traffic operations as part of this Study. Land Use Assumptions Traffic volumes at each of the study intersections were estimated using the current version of the SRTC 2015 and 2040 regional travel demand models, which was last updated in December 2017. Fehr & Peers received a copy of the SRTC travel demand model on January 9, 2018. Land use assumptions were reviewed by the project technical advisory committee (TAC) on May 17, 2018 which is comprised of staff representing Spokane Valley, Liberty Lake,Spokane County,WSDOT and SRTC.The TAC approved the land use assumptions on June 1, 2018 with three comments, including providing a comparison to what is assumed in the Spokane Valley Comprehensive Plan, incorporating impacts of new grade schools, and future land use forecasts in Liberty Lake-all of which are addressed below. Detailed land use data assumed in the model is provided in the following appendices: • Appendix A — Includes a summary of the forecast 2015-2040 change in dwelling units and employees by transportation analysis zone (TAZ) near the Study Area. • Appendix B— Includes a summary of the difference in assumed land use for the TAZs around Barker Road and 1-90 between the 2015 travel demand model used for the Spokane Valley Comprehensive Plan Update (prepared in 2016) and the current 2015 SRTC travel demand model used for this study. New Grade Schools In addition to the regional travel demand model, traffic forecasts also accounted for several new grade schools planned in the vicinity by 2021.These schools are not specifically accounted for in the model and include: • A new elementary school at Long Road and Mission Avenue in Spokane Valley(opens 2018) • A new middle school at Harvest Parkway and Mission Avenue in Liberty Lake (opens 2019) • A new high school near Sprague Avenue and Henry Road in Spokane County (opens 2021) It was determined through analysis of existing and future school location and enrollment zone boundaries as well as traffic studies completed for each school that the impact to traffic volume on Barker Road in the study area from the new elementary and middle school would result in a net neutral change. It was also determined that the primary impact from the new high school will be a shift in some traffic currently making a southbound right at the Barker Road/Appleway intersection to instead make a southbound through at that intersection and a southbound left at the Barker Road/Sprague Avenue intersection. The inverse movements at the two intersections'were also adjusted. In the southbound direction, 80 vehicles in the AM peak hour and 17 vehicles in the PM peak hour were assumed to shift from making a southbound right at Barker Road/Appleway to making a southbound left at Barker Road/Sprague Avenue. In the northbound direction 37 vehicles in the AM peak hour and 19 vehicles in the PM peak hour were assumed to shift from making an eastbound left at Barker Road/Appleway to making a westbound right at Barker Road/Sprague Avenue and northbound through at Barker Road/Appleway. 1 For example,at Barker Road and Appleway Avenue southbound right turns were reduced and southbound through movements were increased by the same margin.Similarly,eastbound left turns were also reduced with northbound through movements increased by the same margin. City of Spokane Valley 5 I P a g e SOUTH BARKER CORRIDOR STUDY v8 2/7/20 Updated Report Liberty Lake Land Use Forecasts During the analysis stage, the City of Liberty Lake was in the process of updating their land use forecasts for 2040 as part of their Land Quantity Analysis. Land uses are expected to be different from the forecasts assumed in the current SRTC travel demand model, particularly in the Riverside District. Given this information was not yet available at the time of analysis,the 2015 and 2040 land use assumed for Liberty Lake in the current SRTC travel demand model was used. Assumptions regarding the future roadway network in Liberty Lake are explained below. Roadway Network Assumptions The SRTC travel demand model was also updated to account for several recent changes to the assumed 2040 roadway network as well as minor changes to the 2015 model to ensure recent projects were reflected. These changes are based on feedback provided by the project's Technical Advisory Committee (TAC),which included the City of Spokane Valley,WSDOT, Spokane County,and Liberty Lake.The changes to the network include the following. 2015 Model Changes: • Chapman Road was connected from 32nd Avenue to Barker Road just south of 12th Avenue to reflect existing conditions • The centroid connector at transportation analysis zone (TAZ) 369 was moved to load to 4th Ave and 8th Ave instead of Barker Road,which better reflects where the driveways in the area load onto the roadway network • The centroid connector at TAZ 392 was moved to load to 4th Ave instead of Barker Road • The centroid connector at TAZ 327 was moved to load onto Indiana Avenue (instead of the intersection of Barker Road/ Indiana Avenue) • A second centroid connector at TAZ 327 connecting to Mission Avenue was deleted to match the 2040 model 2040 Model Changes: • Same changes made to the 2015 model • Indiana Avenue was connected through from Barker Road to Harvard Road • Instead of a new 1-90 interchange at Henry Road (as is currently in the 2040 model), Henry Road was connected from Appleway Avenue to Mission Avenue via an overpass of 1-90, but with no 1-90 interchange; the current partial interchange at Appleway Avenue was retained • The preferred alternative for the Barker Road/BNSF Grade Separation project was assumed for the intersection of Barker Road/Trent Avenue • The south leg of the Flora Road/Trent Avenue intersection across the BNSF railroad track is assumed to close (consistent with the preferred alternative for the Barker Road/BNSF Grade Separation project) • A new link was added between Flora Road and Barker Road north of Euclid Avenue and south of Trent Avenue (to reflect the Garland Avenue connection assumed in the Northeast Industrial Area PAO) • The centroid connector from TAZ 600 is assumed to be more heavily weighted toward Barker Road (reflecting the development potential in the Northeast Industrial Area assumed as part of the Northeast Industrial Area PAO) • Barker Road was assumed to be 5 lanes from Mission Avenue to 1-90 (to reflect planned mitigations in the SEIS to the Comprehensive Plan for the Northeast Industrial Area PAO) City of Spokane Valley 6 I P a g e SOUTH BARKER CORRIDOR STUDY v8 2/7/20 Updated Report It should be noted that the following planned improvements are already assumed in the current SRTC travel demand model: • The Barker Road/I-90 interchange would be reconfigured to a standard diamond interchange with two-lane roundabouts plus slip ramps for right-turn movements at both ramps (as reflected in I-90/Barker Rd Interchange Justification Report) • Barker Road between 1-90 and Appleway Avenue would be widened to five lanes as identified in the Spokane Valley Comprehensive Plan and Transportation Improvement Plan (TIP) • A new northbound lane would be added on Harvard Road across 1-90 Traffic Forecast Methodology Near-Term Traffic Forecasts An annual growth rate of 3.0% along Barker Road was used for near-term traffic forecasts through year 2020 (based on historic growth) and an annual growth rate of both 2.0% and 3.0% were used for traffic growth on Barker Road between year 2020 and 2028 to capture an upper and lower range of potential growth. 2040 Traffic Forecasts Instead of using the traffic forecasts directly from the 2040 travel demand model, 2040 volumes were estimated using an industry standard approach known as the difference method. The difference in traffic volumes between the 2015 and 2040 models are added to observed counts at each of the study area intersections to arrive at a 2040 forecast traffic. This method reduces model error by relying as much as possible on observed data rather than model output data. Note:the difference in traffic volumes between the 2015 and 2040 model will be multiplied by 0.88 to account for growth in traffic that occurred between 2015 and 2018 (22 years/25 years=0.88). Existing traffic data was collected during the AM and PM peak hour on Thursday, May 24th 2018 at all study intersections(see Figure 1)except Barker Road/Boone Avenue and Barker Road/8th Avenue. Existing traffic volumes at Barker Road/Boone Avenue are based on counts collected on Tuesday, February 14tn 2007 and existing volumes at Barker Road/8th Avenue are based on counts collected on Wednesday, February 14, 2018. Estimating AM Peak Volumes The regional travel demand model forecasts PM peak hour turn movements, but only forecasts 3-hour AM peak turn movements at each intersection. Therefore, the inverse of PM peak hour traffic growth multiplied by 80% was used to estimate AM peak hour traffic growth. This is consistent with research published in National Cooperative Highway Research Program Report 3652 and in observed peak hour traffic count data collected in Spokane Valley. For example, 80% of growth in PM peak volumes for southbound right turn movements at each intersection were applied to eastbound left movements to get the AM peak traffic forecast. 2 Martin,W., N. McGuckin. Travel Estimating Techniques for Urban Planning. NCHRP Report 365. National Academy Press,Washington, D.C., 1998. City of Spokane Valley 7 I P a g e SOUTH BARKER CORRIDOR STUDY v8 2/7/20 Updated Report Level of Service Standards Spokane Valley LOS Standards The City of Spokane Valley uses level of service (LOS) to describe and evaluate traffic operations along major arterial corridors and intersections within the City. Levels range from LOS A to LOS F, which encompass a range of congestion types from uninterrupted traffic(LOS A)to highly-congested conditions (LOS F).The description and intersection delay thresholds of each LOS category are described in Figure 2. These are based on the Highway Capacity Manual,which is the methodology used by Spokane Valley. The LOS for signalized intersections and roundabouts is measured by the average delay per vehicle entering the intersection from all approaches, while the LOS for unsignalized intersections is measured by the average delay per vehicle on the approach with the highest average delay. Figure 2:Level of service description and delay thresholds at intersections Level Signalized Unsignalized of Description Intersection Intersection Service Delay(seconds) Delay(seconds) A Free-flowing conditions. 0-10 0-10 B Stable operating conditions. 10-20 10-15 Stable operating conditions, but individual motorists C 20-35 15-25 are affected by the interaction with other motorists. D High density of motorists, but stable flow. 35-55 25-35 Near-capacity operations,with speeds reduced to a E 55-80 35-50 low but uniform speed. F Over-capacity conditions with long delays. >80 >50 Source:Highway Capacity Manual 2016, Transportation Research Board The LOS standards used by Spokane Valley are defined in the Comprehensive Plan as follows: • LOS D for major arterial corridors: o Argonne/Mullan between the town of Millwood and Appleway Boulevard o Pines Road between Trent Avenue and 8th Avenue o Evergreen Road between Indiana Avenue and 8th Avenue o Sullivan Road between Wellesley Avenue and 8th Avenue o Sprague Avenue/Appleway Boulevard between Fancher Road and Sullivan Road • LOS D for signalized intersections not on major arterial corridors • LOS E for unsignalized intersections(LOS F acceptable if peak hour traffic signal warrant is unmet) WSDOT LOS Standards WSDOT also uses LOS thresholds for State Highways.The LOS standard for State Highways in Urban Areas is LOS D. Within the Study Area this would apply to the Barker Road/I-90 interchange. This LOS standard applies to roadway segments and signalized and stop controlled intersections. City of Spokane Valley 8 I P a g e SOUTH BARKER CORRIDOR STUDY v8 2/7/20 Updated Report Per WSDOT's recommended guidance, the primary measure of effectiveness (MOE) for roundabout analysis is not LOS, but the overall intersection and approach volume to capacity (v/c) ratios. WSDOT recommends that v/c ratios not exceed 0.85-0.9 for any approach or the entire intersection, which typically corresponds to LOS D. Traffic Analysis Methodology In order to analyze traffic operations, including LOS, v/c ratios and/or impacts of queuing, the following traffic engineering software was used in accordance with WSDOT Traffic Analysis policies and protocol3: • Synchro - Synchro software (version 9.2) was be used to evaluate AM and PM peak hour LOS at most signalized and stop controlled intersections. LOS was measured using the Highway Capacity Manual (HCM) 2010 methodology within Synchro. All settings were set to be consistent with WSDOT Synchro Protocol.The observed intersection peak hour factor averaged for all approaches was used for the existing conditions analysis and near-term traffic analysis.A PHF of 1.0 was used for the 2040 analysis. A saturation flow rate of 1,775 vehicles per lane per hour was assumed in order to be consistent with City of Spokane Valley practice along the Barker Road corridor. • Sidra - Sidra software (version 7.0) was used to analyze the AM and PM peak hour v/c ratios for intersections with a roundabout configuration. All settings were set to be consistent with WSDOT's Sidra Policy Settings (WSDOT, April 2018). • SimTraffic—SimTraffic software was used to analyze the AM and PM peak hour traffic operational performance for closely spaced intersections in order to capture the impacts to traffic delay of queuing. This includes the intersections with Barker Road/Cataldo Avenue and Barker Road/I-90 under the single-lane roundabout configuration proposed by WSDOT as an interim solution. All settings were set to be consistent with WSDOT SimTraffic Protocol with the same PHF and saturation flow rate used in the Synchro analysis. SimTraffic was not used to analyze operations with two-lane roundabouts. Sidra software was used in those instances. EXISTING CONDITIONS Within the 1.6 mile segment of Barker Road between Mission Avenue and the south Spokane Valley City limits there are four signalized intersections. These are located where Barker Road crosses Mission Avenue, Cataldo Avenue/I-90 westbound ramp, 1-90 eastbound ramp and Appleway Avenue. There is a four-way stop at Barker Road/Sprague Avenue. All other intersection are controlled by side-street stop signs. The segment of Barker Road north of Boone Avenue is a three lane street with bike lanes, curb and gutter and 5-foot sidewalks on both sides. South of Boone Avenue Barker Road is a two-lane street without curb,gutter, storm drain or sidewalks. South of Appleway there is an asphalt paved multiuse trail on the west side of the street that extends to Chapman Road in unincorporated Spokane County. Existing peak hour traffic volumes and lane configurations at the ten study intersections are shown in Figure 3. 3 www.wsdot.wa.gov/Design/Traffic/Analysis/ City of Spokane Valley 9 I P a g e 2 is,t, _ �{ 1.Barker/Mission 2.Barker/Boone 3.Barker/WB 1-90 Ramps E Mimiun Ave 0 E Miseimt Ave L I +28 (27) ,M m 45(13) M v N 15(44) (123) ,_N 4—4(0) v N N 4—36(94) biL 3 t X n 2(100) r�L 22(4)ssen e� 35(57) C Mafewdl Ave a A a r rMy,, ES�S¢kv¢ G 44(11) ne n41(73) I�Ia d. 11(0) m 27(21) miBCre& 3(0) 15(22) uNirtk Hub Sports Center ,� 0 �" N oI Wendy', v v N �ACRES "¢aye • ammo 0 4.Barker/EB 1-90 Ramps 5.Barker/Broadway(N) 6.Barker/Broadway(S) EEq�� �o Aye Freedvr, Ei m Lone Wolf N'' ^a Harley-bavldgon X F=W.Avc k_31(55) C7 AllsportPolaris, 2(6) tee 8 Honda Yamaha Indian Er 9°°"-RamP '�r 213(433) 1 1 E&na E Walden...10 1 7(12)� m uI m a 3(3)� E srruorkr¢Arx z 169(532) ? d'n 3(3) o N V F. ro E MI A. E;M..Aye z 44Se eel5ve 7.Barker/Appleway 8.Barker/Sprague 9.Barker/4th Ave g {Crowley Ave t ® mgr a 1 ��,ve `,2 62(64) 123(60) F'a' 13(11) 542(654) 70(63) ,_N 4-1(3) Creenscren® O �., Ev gyw¢y Ave o �_f LN r 49(136) ® �4, 17(50) �� 1(3) Shapping Center �� p.e �.:,0 'j }r so,m�e �F �r § me. EH4+m Are 0(0) III 31(34) I ® 9(9) I 5�6yeY ri 101(111) NNm 22(94)� �N 1(3)� -'' E Main Ave 344(490) N 32(132) 1(5) n 25(34) M m N Sprague Ave 9 m Wave Ave 10.Barker/8th g a i 0 0 x m m ® LEGEND 5 . v n ii v o 32(23) ' E2ndAve ¢ r 1 m 13(21) Q Study Intersection - Lane Configuration 3(13) our ® St0 Si n Qi 0 E.uhAye 6(3) lr� AM(PM)T affic Irr Peak �Volume p g 3(13) �N Signalized 0 I" F ti,r A:w E ti w m a Tali Ai. G TA is i s Figure 3. Existing Conditions Avo 0 E Rh Aye 70 e, in Traffic Volumes & Lane Configurations E 9hAre m F., r Goaglie 4 E j © South Barker Corridor Study 6 Tnib A. ? N4 SOUTH BARKER CORRIDOR STUDY v8 2/7/20 Updated Report Intersection Level of Service The AM and PM peak hour level of service (LOS) at the 10 study area intersections are summarized in Figure 4. The intersections between Boone Avenue and Broadway were analyzed using SimTraffic to account for the impact of queuing given the close spacing of intersections as well as the split signal phasing currently used at the Barker Road/I-90 eastbound ramp. All other intersections were analyzed using Synchro. Figure 4.Existing conditions level of service and delay. AM Peak PM Peak Side Street Software Intersection Control (all HCM Delay LOS Delay LOS Stop 2010) Approach Barker/Mission Signal 12 B 13 B Synchro Barker/Boone Side-Street Stop >100 F 64 F EB SimTraffic Barker/I-90 Westbound Signal 57 E 29 C SimTraffic Ramp/Cataldo Barker/I-90 Eastbound Signal 57 E 103 F SimTraffic Ramp Barker/Broadway(N) Side-Street Stop >100 F >100 F WB SimTraffic Barker/Broadway(S) Side-Street Stop 60 F 43 E EB SimTraffic Barker/Appleway Signal 21 C 30 C Synchro Barker/Sprague All-Way Stop 26 D 49 E Synchro Barker/4th Side-Street Stop 16 C 17 C EB Synchro Barker/8th Side-Street Stop 23 C 23 C EB Synchro Source:Fehr& Peers, 2018 Results show that under existing conditions, the Barker Road/I-90 westbound ramp/Cataldo Avenue intersection operates at LOS E in the AM peak hour and the Barker Road/I-90 eastbound ramp intersection operates at LOS E during the AM peak hour and LOS F during the PM peak hour.Thus, both intersections of Barker Road/I-90 do not currently meet WSDOT LOS standards. Additionally, the queue along Barker Road from the two 1-90 intersections impacts the LOS at both Barker Road/Boone Avenue and the two Barker Road/Broadway intersections, causing all three intersections to operate at LOS F during either the AM or PM peak hours or both. Additionally the Barker Road/Sprague Avenue intersection is operating at LOS E during the PM peak hour. This intersection has been identified by COSV as a location in need of improvement to address existing congestion and multimodal operations. Results of the existing conditions traffic analysis show this intersection is just two additional seconds of delay from operating at LOS F. A small increase in traffic is likely cause this intersection to operate at LOS F without improvements. The existing average and maximum queue lengths at the Barker Road/I-90 interchange during the AM peak hour are shown in Figure 5 and in the PM peak hour are shown in Figure 6. In the AM peak hour a long queue forms in the southbound direction at the Barker Road/I-90 westbound ramp intersection. In the PM peak hour a long queue forms in the eastbound direction at the Barker Road/I-90 eastbound ramp intersection. It should be noted the distance between the gore point in the eastbound direction of 1-90 City of Spokane Valley 11 ' Page SOUTH BARKER CORRIDOR STUDY v8 2/7/20 Updated Report and the Barker Road intersection is about 1,700 feet and the average queue on this segment during the PM peak hour is 1,200 feet and the maximum queue is 1,500 feet. Figure 5.Existing AM peak hour queue lengths at the Barker Road/I-90 interchange Maximum Average Intersection Direction Queue Queue(feet) (feet) EB 60 120 Barker/1-90 NB 300 510 westbound/Cataldo SB 730 1,200 WB 100 170 EB 150 260 Barker/1-90 eastbound NB 160 170 SB 170 260 Source:Fehr& Peers, 2018 Figure 6.Existing PM peak hour queue lengths at the Barker Road/I-90 interchange Maximum Intersection Direction Average Queue Queue(feet) (feet) EB 70 120 Barker/1-90 NB 190 340 westbound/Cataldo SB 420 630 WB 100 160 EB 1,200 1,500 Barker/1-90 eastbound NB 160 180 SB 440 630 Source:Fehr& Peers, 2018 Corridor Level of Service The existing corridor level of service within the study area is LOS D derived from average daily traffic (ADT) on each roadway segment and weighted by the segment's length. Based on the posted speed and number of lanes, the LOS D threshold for the corridor is 13,800 ADT (as defined in the 2010 Highway Capacity Manual), and the length-average ADT-to-LOS D volume threshold ratio is 0.83. As long as the ratio is less than or equal to 1.00,the corridor is defined as operating at LOS D or better even though some intersections may experience greater congestion than LOS D. City of Spokane Valley 12 I P a g e SOUTH BARKER CORRIDOR STUDY v8 2/7/20 Updated Report I-90 INTERCHANGE INTERIM IMPROVEMENTS SUMMARY & FINDINGS The Barker Road/I-90 interchange is currently operating at LOS E or worse at one or both interchange intersections in both the AM and PM peak hour,thus failing WSDOT LOS standards.WSDOT has proposed an interim solution that includes single-lane roundabouts at each ramp intersection until the long-term concept proposed in the 2014 IJR can be implemented. Traffic analysis was performed for the intersections between Barker Road/Boone Avenue and Barker Road/Broadway, including both ramps of the Barker Road/I-90 interchange in years 2020,2023,and 2028.The analysis was performed to determine how well and for how long a single-lane roundabouts as depicted in Figure 7 would operate acceptably at the two intersections. Figure 7.Barker Road/I-90 Interchange Interim Concept proposed by WSDOT .._ 1 [ i . ---4.1.-4,6 - , . ''' ',,,, . : { 7- , 0 . - .. r - - 4, , „' . 1.) . i I " i Single Lane Roundabouts L. -----,. o* N." ` t: f s ttii tioa� " f�aslsi r k , /.'41•a' t t PI_ ryw „' ° '":, _ 1 - g .M0Iil�.� .741 t o i:u� 111 VP' i+ + aa .. `eroadway a, i < 1101h NN.W.N[N t +. wn sit k sg '\ ,U' ••^ sit/:"T A, Z W" ■1 • y1 ar r -- _ @1'1 Source: WSDOT A subsequent revision to this interim concept, shown in Figure 8, shifted the northern single-lane roundabout to the existing Cataldo Avenue/Barker Road/I-90 Westbound intersection, maintaining the existing "hook ramp" configuration. According to the best available information at this time regarding long-term plans for the interchange and replacement of the Barker Road Bridge, the advantage of this configuration, as compared to the tight diamond configuration (shown in Figure 7 and originally proposed as the interim solution) is that the proposed location of the Barker Road/westbound ramp intersection is City of Spokane Valley 13 1 Page SOUTH BARKER CORRIDOR STUDY v8 2/7/20 Updated Report farther from 1-90 than what is proposed with a tight diamond configuration. This would allow WSDOT to convert a single-lane roundabout at this location to a two-lane roundabout in the future when the Barker Road Bridge over 1-90 is replaced without necessitating lowering the elevation of the 1-90 travel lanes in order to achieve the required clearance under the bridge. Figure 8.Barker Road/I-90 westbound ramp intersection—revised Interim Concept m _ '`N ' BOONE AVE -x It .( ' ' liII + pi { S CD af. Source: WSDOT A summary of the key findings of this traffic analysis are presented below: • A single lane roundabout will operate acceptably at Barker/1-90 Interchange in 2020 with: o A 2nd southbound approach lane at the westbound ramp — This can be implemented through restriping and curb modification within the existing ROW. o A 2nd eastbound approach lane at the eastbound ramp • The eastbound ramp intersection will drop below LOS D sometime between 2023 and 2028 o Main constraint: sometime between 2023 and 2028 the northbound traffic demand across the bridge will exceed the physical capacity of the bridge (1,000-1,100 vph) • Regardless of the configuration (either what is shown in Figure 7 or Figure 8) westbound ramp will operate at an acceptable LOS by 2028 because the eastbound roundabout will effectively "meter" northbound traffic so that there will be gaps for the heavy southbound traffic to enter Figure 9 summarizes the LOS results based on SimTraffic. It should also be noted that Sidra analysis was also performed for both intersections in years 2020, 2023 and 2028 with results showing that the v/c ratio would exceed the 0.85-0.9 threshold for both intersections sometime between 2023 and 2028, with the eastbound ramp failing sooner. However, unlike the Sidra results, SimTraffic showed that the eastbound ramp intersection would effectively "meter" traffic entering the westbound ramp intersection resulting in acceptable LOS at that intersection through 2028. City of Spokane Valley 14 I P a g e SOUTH BARKER CORRIDOR STUDY v8 2/7/20 Updated Report Figure 9.Year 2028 SimTraffic LOS results under the"hook ramp"concept at the Barker Road/I-90 westbound ramp AM Peak PM Peak Intersection Control Delay I LOS Delay I LOS Barker/Boone Side-Street Stop 66 E 30 D Barker/Cataldo/I-90 westbound ramp Roundabout 40 D 17 B Barker/I-90 eastbound ramp Roundabout 84 F 88 F Barker/Broadway Side-Street Stop 107 F 218 F Source:Fehr& Peers, 2018 The results of this analysis demonstrate that the interim solution (modified with a second approach lane at one leg of each intersection and revised to maintain the existing location "hook ramp" configuration at Barker Road/Cataldo Avenue/I-90 westbound ramp intersection) for the Barker Road/I-90 interchange would last about 5-10 years before falling below WSDOT LOS standards. Given this, it is recommended that the City of Spokane Valley work with WSDOT to secure funding within 5-10 years to replace the Barker Road Bridge over 1-90 with a four-lane bridge. 2040 ANALYSIS & FINDINGS Traffic analysis of the Barker Corridor intersections was performed with the assumption that several already planned transportation projects would be implemented.This includes: • Barker Road from Mission Avenue to Appleway would be widened to five lanes (through a combination of several projects). • The Barker Road/1-90 interchange would be reconfigured into two-lane roundabouts at each ramp intersection similar to the Barker Road IJR preferred alternative, with some modifications(as described below), including adding Boone Avenue into the westbound ramp roundabout and preserving the existing hook ramp configuration for the westbound ramp. • The east leg of Broadway would be realigned with the west leg of Broadway at Barker Road. These changes would effectively consolidate the Barker Road/Boone Avenue intersection with the Barker Road/1-90 westbound ramp/Cataldo Avenue intersection and consolidate the two Broadway intersections into one. Consolidation of these intersection means under 2040 conditions there would be eight study intersections instead of ten.Traffic volumes and lane configurations assumed in 2040 at each of the study intersections are shown in Figure 10. City of Spokane Valley 15 I P a g e 2 vs c c -0 m _ 0 0 +' s, (s£)s£ -0 0 ce m (0 is l)O6 (09Z)OLb "o—(S£L)0£6 c (000)OZl D 0 O Q ® N4, U o ~ i rn ,.>u� ,.>vea 0 C L O COW (SOZ)S9l �� COLo, (Ll)Sbl ® O D U (S9b)Ogg (SZS)00Z—+ N s_ Y (0b)SZ m . .— (6 s— ® v J ca M a.) co V CC �',/a o- (Sl)Sl I. 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W,E Q W ut,^RR5 ci......on Q .4i a PR SOUTH BARKER CORRIDOR STUDY v8 2/7/20 Updated Report Barker Road/I-90 Interchange Configuration A conceptual layout in 2040 of the Barker Road/I-90 eastbound ramp intersection is shown in Figure 11 and a conceptual layout of the Barker Road/I-90 westbound ramp intersection is shown in Figure 12.The configuration of the Barker Road/I-90 eastbound ramp intersection would be largely the same as the Barker Road IJR preferred alternative, including a roundabout with two circulating lanes and two eastbound approach lanes on the 1-90 off-ramp. However, the Barker Road/I-90 westbound ramp intersection was modified from the Barker Road IJR preferred alternative in order to preserve the "hook ramp" configuration at the same location as today, with Cataldo Avenue on the east leg. Reasons for this change were to satisfy City of Spokane Valley and WSDOT's desire to shift the interim solution to a location that better accommodates long-term reconstruction of the interchange, as well as City of Spokane Valley's desire to find a solution with the least impact to private property. Converting the 1-90 westbound ramp to a diamond interchange would have either required Cataldo Avenue to be rerouted through private property to Boone Avenue or the Barker Road/I-90 westbound ramp intersection to be moved closer to 1-90.The original IJR preferred alternative would also have necessitated lowering 1-90 in order to achieve adequate clearance under the Barker Road Bridge. Preserving the hook ramp negates both of these potential issues. While the bridge will still need to be replaced to achieve adequate clearance, the proposed configuration would allow sufficient approach length to achieve adequate clearance without the need of lowering 1-90. In addition, the east and west leg of Boone Avenue was added to the westbound ramp roundabout in order to preserve full movement on Boone Avenue and reduce the potential impacts of loss of access or additional ROW needed to provide access near the existing Boone Avenue intersection.These modifications result in a roundabout with six legs. Without this configuration Boone Avenue would be too close to the Barker Road/I-90 westbound ramp roundabout to safely operate with full movements. It should be noted that the concepts shown in Figure 11 and Figure 12 are schematic in nature and the exact diameter of a future roundabout would need to be determined through a more detailed engineering study.The assumed length of the roundabout diameter does not affect the Sidra outputs. City of Spokane Valley 17 I P a g e SOUTH BARKER CORRIDOR STUDY v8 2/7/20 Updated Report Figure 11.2040 Barker Rd/I-90 eastbound ramp intersection concept(same as Barker Road IJR preferred alternative) 1N BaYr I! L. g 1ao _ -t- ( 00 t 1®to 1aa _ , ..i. Ih 1 I tl Source:Fehr& Peers, 2018 Figure 12.2040 Barker Rd/I-90 westbound ramp intersection concept(modified from Barker Road IJR preferred alternative) UN Barka North I I I I \\\ I I �� If 7 1ov \ WO 100 :10A 00 1U0 \ ', ' 4 f.,,t, 1 1 Rahwr FexiM Source:Fehr& Peers, 2018 City of Spokane Valley 18 1 Page SOUTH BARKER CORRIDOR STUDY v8 2/7/20 Updated Report Intersection Level of Service Findings The AM and PM peak hour level of service (LOS) findings at the eight study area intersections are summarized in Figure 13.The 1-90 intersections were analyzed using Sidra.The more relevant measure of effectiveness for these intersections per WSDOT policy is v/c ratio, which is shown in Figure 14. All other intersections were analyzed using Synchro. Figure 13.2040 conditions level of service and delay. AM Peak PM Peak Intersection Control Software (all Delay LOS Delay LOS HCM 2010) Barker/Mission Signal 20 B 25 C Synchro Barker/I-90 WB Ramp/Cataldo/Boone Roundabout 17 B 13 B Sidra Barker/I-90 EB Ramp Roundabout 9 A 12 B Sidra Barker/Broadway Side-Street Stop 71 (EB) F >300(EB) F Synchro Barker/Appleway Signal 30 C 46 D Synchro Barker/Sprague All-Way Stop 132(NB) F >300(SB) F Synchro Barker/4th Side-Street Stop 22 C 33 D Synchro Barker/8th Side-Street Stop 17 C 33 D Synchro Source:Fehr& Peers, 2018 Figure 14.Volume-to-capacity ratio in 2040 for Barker Road/I-90 interchange roundabouts. AM Peak PM Peak Intersection Control 95% o Software (all 95/v/c v/c HCM 2010) Queue Queue Barker/I-90 WB 240 ft. 110 ft. Ramp/Cataldo/Boone Roundabout 0.69 (SB) 0.54 Sidra(NB) Barker/I-90 EB Ramp Roundabout 0.47 (NB 0.70 1(NB) Sidra Source:Fehr& Peers, 2018 Results presented in Figure 14 show that under existing 2040 conditions,the Barker Road/1-90 eastbound ramp intersection and the Barker Road/1-90 westbound ramp/Cataldo Avenue/Boone Avenue intersection as laid out in Figure 11and Figure 12, respectively,would operate acceptably.The v/c ratio would be meet the WSDOT threshold of 0.85-0.90 for both intersection in both the AM and PM peak hour. Results presented in Figure 13 show that the Barker Road/Sprague intersection(which had poor LOS under existing conditions) would operate at LOS F in both the AM and PM peak hour without improvements. City of Spokane Valley 19 I P a g e SOUTH BARKER CORRIDOR STUDY v8 2/7/20 Updated Report Additionally,the Barker Road/Broadway intersection would operate at LOS F during the AM and PM peak hour and would meet the peak hour signal warrant in the PM peak hour, thus failing the City of Spokane LOS threshold in 2040. Analysis shows that the Barker Road/4th Avenue and Barker Road/8th Avenue intersection will with acceptable LOS through 2040 under the existing configurations with side street stop control. These intersections would also operate acceptably with a signal or roundabout although the forecasts do not indicate that either intersection would meet the peak hour signal warrant in 2040. Mitigation Measures • Barker Road/Sprague Avenue - Traffic operations at the Barker Road/Sprague Avenue intersection were analyzed in Sidra assuming a single-lane roundabout concept and in Synchro assuming a traffic signal with left turn lanes and protected left-turn signal timing for all approaches. Results, shown in Figure 15, demonstrate that a single-lane roundabout or a traffic signal with protected left-turn lanes would result in acceptable traffic operations at this intersection in 2040. Figure 16 summarizes the pros and cons of implementing a traffic signal as compared to a roundabout at this intersection.The primary differences in a traffic signal versus a roundabout relate to traffic safety, cost, right-of-way impact, impervious surface and landscaping opportunities. While this study recommends a roundabout at this intersection primarily due to the safety benefits, the City will undertake a separate and more detailed design study as part of implementation to determine the ultimate future intersection configuration. Figure 15.Volume-to-capacity ratio,LOS and/or delay in 2040 with mitigations. AM Peak PM Peak Intersection Control Software v/c LOS I Delay v/c LOS I Delay Barker/Sprague Roundabout 0.52 A - 0.59 A - Sidra Barker/Sprague Signal - C 34 - D 36 Synchro Source:Fehr& Peers, 2018 City of Spokane Valley 20 1 Page SOUTH BARKER CORRIDOR STUDY v8 2/7/20 Updated Report Figure 16.Pros and cons of a roundabout versus a traffic signal at Barker Road/Sprague Avenue intersection. Factors Roundabout versus Traffic Signal Traffic Safety The primary benefit of a roundabout over a traffic signal is related to traffic safety. Research provided by WSDOT shows that on average single-lane roundabouts result in 75%fewer injury crashes and 90%fewer fatalities than signalized intersections. Roundabouts mitigate the risk of moderate-to- high-speed broadside crashes commonly caused by a driver running the red light at a traffic signal. Capital Cost On average the capital cost of constructing a roundabout is higher than the capital cost of constructing a signalized intersection, but this can vary from location to location. Operations& Long-term operations and maintenance costs associated with a Maintenance Cost roundabout are typically lower than those associated with a traffic signal (about$5,000 to$10,000 per year based on COSV research), often enough to offset the higher capital cost of a roundabout over the life of the project. Right-Of-Way Impact On average,the right-of-way(ROW) impact of a roundabout can be greater than a traffic signal, but varies depending on the location and number of turn lanes. At the Barker/Sprague location the area of ROW impact would be similar with a roundabout or a signal and neither would impact existing structures. Impervious Surface A roundabout could result in more impervious surface than a traffic signal depending on whether the center island is landscaped or hardscaped. Art& Landscape Roundabouts typically have more opportunity for landscaping Opportunities or art(primarily because of the center island)than traffic signals. Noise&Air Pollution Roundabouts typically result in less air pollution and noise than a traffic signal due to less idling and fewer hard accelerations. • Barker Road/Broadway — Additionally, a two-lane roundabout at the Barker Road/Broadway intersection would result in acceptable operations in year 2040. A traffic signal is not advised at this location due to the proximity of this intersection to the planned roundabout at the Barker Road/I-90 eastbound ramp and the potential for queue spillback onto the 1-90 roundabout. An acceptable alternative to a roundabout would be to convert this intersection to right-in/right- out/left-in only configuration. However, this type of intersection configuration would result in some degree of inconvenience for drivers trying to make a left-turn from either leg of Broadway to Barker Road as they would have go out of direction to make that movement. If there is substantial commercial development along the Broadway corridor in the future, the lack of left- out movement could be a major impact to the viability of retail businesses. However, if the Broadway corridor has similar land uses as today (or other lower trip generating uses like offices or apartments),the lack of outbound left-turns would be less of an impact. City of Spokane Valley 21 1 P a g e SOUTH BARKER CORRIDOR STUDY v8 2/7/20 Updated Report Diverging Roundabout Concept Given the high volume of northbound left turns from Barker Road onto 1-90 westbound (700 in the AM peak), WSDOT suggested that a "diverging roundabout" concept be tested to see if the interchange could operate effectively with single-lane roundabouts. A diverging roundabout is a diverging diamond interchange with roundabouts instead of signalized "crossover" intersections—see an example in Figure 17.The advantage of this concept is it eliminates all turning vehicle conflicts.The only point of conflict is where through traffic must cross over to the other side of the road. A diverging diamond interchange works best in situations where there are high volumes of vehicles turning off or onto the highway and not a lot of through movement on the road crossing the highway. Figure 17.Diverging roundabout concept. --.441111111111111111111111111111111.11111:7P 11116- Image source:https://www.youtube.com/watch?v=ms5Tv2_JPME Sidra software was used to test the diverging roundabout concept in 2040 with one circulating lane at both the eastbound and westbound 1-90 ramp intersections with Barker Road. Results are shown in Figure 15 and illustrate this configuration would meet WSDOT standards during three of the four conditions tested. This configuration would result in unacceptable operations at the Barker Road/1-90 westbound ramp in the PM peak hour due to the high volume of northbound and southbound through movements. The primary other disadvantage of this configuration is it would require a diamond interchange, which means the hook ramp would have to be removed and Cataldo Avenue would have to be rerouted to Boone Avenue. It should be noted, however,that a diverging roundabout interchange would likely meet WSDOT LOS standards if the roundabouts were dual-lane and there was a four-lane bridge over 1-90(although this configuration was not specifically analyzed). Figure 18.2040 volume-to-capacity ratio and 95%queue with a single-lane diverging roundabout. AM Peak PM Peak Intersection Control Software v/c 95%Q v/c 95%Q Barker/I-90 WB Roundabout 0.49 80 feet 0.93 590 feet Sidra Barker/I-90 EB Roundabout 0.65 120 feet 0.52 110 feet Sidra Source:Fehr& Peers, 2018 City of Spokane Valley 22 I P a g e SOUTH BARKER CORRIDOR STUDY v8 2/7/20 Updated Report 2040 RECOMMENDATIONS Recommended transportation improvements for the Barker Road corridor are organized by two distinct segments of the corridor, the section between Mission Avenue and Appleway Avenue and the section between Appleway Avenue and the south City limits. Mission Avenue to Appleway Avenue The Spokane Valley Comprehensive Plan identifies a five-lane urban section for Barker Road between Mission Avenue and Appleway Avenue.The segment between 1-90 and Appleway Avenue is also identified in the Spokane Valley six-year Transportation Improvement Plan (TIP) as a five-lane arterial. Furthermore the segment between Mission Avenue and 1-90 is identified in the in the Northeast Industrial Area Planned Action Ordinance (PAO), which is in the process of being adopted as a supplement to the Spokane Comprehensive Plan EIS. WSDOT has allocated funding in 2019 and 2020 for implementing an interim improvement to the Barker Road/I-90 interchange until a longer-term solution can be implemented as identified in the SRTC Horizon 2040 Plan and 1-90/Barker Road IJR. Based on these previously planned projects and findings of the traffic operations analysis presented in the previous section of this report,the following projects are recommended for Barker Road north of Appleway Avenue. • Barker Road/I-90 Interchange Interim Improvements— It is recommended that WSDOT convert the 1-90 eastbound and westbound ramp intersections with Barker Road to single-lane roundabouts as an interim measure to improve traffic operations and safety until funding for a longer-term solution can be secured. Roundabouts would be implemented at the same locations as the ramp terminal intersections are located today.As part of this project,a second southbound approach lane should be added on Barker Road at the westbound ramp.This can be implemented through restriping and curb modification within the existing ROW. Additionally, a second eastbound approach lane should be added to the eastbound 1-90 off-ramp. WSDOT will also realign the east leg of Broadway to match the location of the existing west leg. Traffic analysis shows that this solution will operate effectively for about 5-10 years. Thus, it is recommended that WSDOT and City of Spokane Valley work to secure funding for a longer-term solution within the next 5 to 10 years. • Barker Road/I-90 Interchange Long-Term Improvements — It is recommended that WSDOT convert the 1-90 eastbound and westbound ramp intersections with Barker Road to two-lane roundabouts as a longer-term solution to improve traffic operations through 2040. Consistent with recommendations from the 2014 IJR, this would include two eastbound approach lanes at the Barker Road/I-90 eastbound ramp intersection and an expansion of the roundabout to include two circulating lanes. However,unlike the 2014 IJR, it is recommended that westbound hook ramp be preserved and the roundabout at the westbound ramp be implemented as a six-leg intersection with Cataldo and Boone Avenue(this would also require that the interim roundabout be widened to include two circulating lanes).This project would include replacement of the Barker Road Bridge over 1-90 with a four-lane bridge including a multiuse trail or sidewalk on both sides to wide enough to allow for safe circulation of bicyclists and pedestrians. • Barker Road — Mission Avenue to Boone Avenue Widening— It is recommended that Spokane Valley widen this segment of Barker Road to a five-lane urban section. This project has been identified in the Spokane Valley Comprehensive Plan and the Northeast Industrial Area PAO. It is recommended that this project be implemented at the same time as (or shortly after) the long term improvements are made to the Barker Road/I-90 Interchange. City of Spokane Valley 23 I P a g e SOUTH BARKER CORRIDOR STUDY v8 2/7/20 Updated Report • Barker Road—1-90 to Appleway Avenue Widening-It is recommended that Spokane Valley widen this segment of Barker Road to a five-lane urban section. This project is identified in the 2019- 2024 TIP. It is recommended that this project be implemented at the same time as the long term improvements are made to the Barker Road/I-90 Interchange. Given that traffic analysis also shows the Barker Road/Broadway intersection will need improvement by 2040, it is also recommended that either a two-lane roundabout at Barker Road/Broadway be implemented as part of this project or the intersection be converted to prevent left-out movements.A roundabout at Broadway was included in the TIP. Appleway Avenue to South City Limits As identified in the traffic operations analysis, the South Barker corridor will operate acceptably in 2040 with either single-lane roundabouts or traffic signals at the major intersections (Sprague Ave, 4th Ave, 8th Ave).4 The Spokane Valley Comprehensive Plan and TIP identify a three-lane urban roadway section between Appleway and the southern city limit. This roadway would consist of one travel lane in each direction, a two-way left-turn lane, a sidewalk, and the existing multi-use trail. Traffic signal control at the major intersections is entirely consistent with the three-lane cross section, since left-turn lanes approaching the intersections would be required.This configuration is very common in Spokane Valley. However,single-lane roundabouts do not require a turn-lane at the major intersections and this configuration could be pursued with a narrower cross-section with just two travel lanes in each direction. While it is true that traffic signals (with widening at the major intersections) could also be accommodated with a two-lane segment, this configuration is less common in the Valley (existing two- lane roads with traffic signals often do not have turn lanes at major intersections, which reduces the capacity of the street). Based on this finding, Spokane Valley may wish to consider a two-lane cross section for all or a portion of the South Barker Road corridor. Figure 19 illustrates a few pros and cons of the three-lane versus two- lane configuration. For purposes of this study, the cost estimates assume the full three-lane buildout to capture the higher potential cost, which would lead to a cost savings if the two-lane design is ultimately selected. 4 Note that in the near-term (next 5-6 years), only the intersection at Barker Rd/Sprague Ave will likely warrant a traffic signal or roundabout to address poor traffic LOS. However, as development increases in the future it is not unlikely that the intersections at 4'Ave and 8'Ave will eventually need to be upgraded from their current side- street stop control. As of now, it does not appear that these intersections will require upgrades prior to 2040, but that could change if a larger use(e.g.,apartment,church) is permitted along one of these streets. City of Spokane Valley 24 I P a g e SOUTH BARKER CORRIDOR STUDY v8 2/7/20 Updated Report Figure 19.Pros and cons of a two-lane versus three-lane configuration south of Appleway. Option Pros Cons Two-lane • 33 percent less paved area; results in • No mid-block left-turn lane; may configuration lower up-front costs and lower long- require a median to prohibit left- term maintenance costs turns at larger developments or a • Less impervious surface reduces short widened section to stormwater conveyance and accommodate a turn lane treatment costs • Retrofitting a turn lane could be • More space within the right-of-way costly if a parcel is rezoned at a for wider sidewalks or landscaped later date for a more intensive area use Three-lane • Once this configuration is in place, • Higher cost to build and maintain configuration there is no need to retrofit the road • More impervious surface and to accommodate left-turns at larger water runoff developments • Less opportunity for landscaping • Better accommodates more trip- intensive land uses like multifamily residential Source:Fehr& Peers, 2018 Given these pros and cons, along with the potential for rezoning of the land north of Sprague Avenue to more dense residential,the following projects are recommended: • Barker Road/Sprague Avenue Intersection Improvements—Implement a single-lane roundabout at Barker Road/Sprague Avenue intersection to improve traffic operations and safety.This project should be prioritized for this segment and can be implemented prior to making corridor-wide improvements. A roundabout is recommended over a traffic signal at this intersection because roundabouts tend to have lower numbers of serious traffic collisions and they cost less to maintain in the long-run compared to traffic signals. In addition, with all the other roundabouts being built by WSDOT farther north on the corridor, roundabouts will be a common and consistent traffic control device on Barker Road. • Barker Road —Appleway Avenue to Sprague Avenue Widening— Implement a three-lane cross section between Appleway and Sprague Avenue; consider extending the existing northbound right-turn lane at Appleway approximately 200 feet south to La berry Drive and converting this to a northbound through-right lane when Barker Road is widened north of Appleway. • Barker Road—Sprague Avenue to South City Limits Improvements—Implement a two-lane cross section south of Sprague Avenue. In the design, set the multi-use trail and sidewalk in a position that could ultimately accommodate a three-lane cross section. Build two lanes of a potential three-lane configuration where one side of the street will have a final curb and gutter and the other side of the street will have a shoulder and swale for drainage. In this way, the street can more-easily be widened if it is ever necessary to accommodate a mid-block turn lane, but most of the corridor will benefit from the narrower cross-section. Given the current single-family zoning and the generally smaller parcels south of Sprague, it seems that this area is less likely to see pressure for rezoning and the two-lane cross section will operate well in the future. • 4th Avenue and 8th Avenue Intersection Improvements- Phase the construction of Barker Road to include single-lane roundabouts at 4th Avenue and 8th Avenue along with the two-lane configuration. City of Spokane Valley 25 I P a g e SOUTH BARKER CORRIDOR STUDY v8 2/7/20 Updated Report IMPLEMENTATION The recommended transportation improvements can be summarized into a total of eight projects along the South Barker Road Corridor. A list of these projects, along with a brief description, timeframe for implementation, and estimated cost in 2018 dollars for the portion Spokane Valley would be responsible for are shown in Figure 20. Reference to the program and project number from previous plans,documents or the City's TIP is also identified. Figure 20.South Barker Road projects and cost estimates to be implemented through year 2040. COSY Program Agency Project Description (project#) Responsible Cost Estimate' (2018$$) IMMEDIATE(2019-2020) 1-90 Eastbound Ramp/ Reconstruct intersection with Barker Road single-lane roundabout and two Horizon 2040 WSDOT N/A Interchange Interim eastbound approach lanes; Plan(#12) Improvements realign east leg of Broadway 1-90 Westbound Ramp/ Reconstruct intersection with single-lane roundabout and two Barker Road Horizon 2040 southbound approach lanes; WSDOT N/A Interchange Interim convert Barker/Boone to right- Plan(#12) Improvements in/right-out NEAR TERM(2021-2024) Sprague/Barker Reconstruct intersection with 2019-2024 Intersection single-lane roundabout TIP(#15) COSV $1,517,000 Improvements MID TERM(2025-2030) Replace Barker Road Bridge and widen to 4-lanes from Boone Avenue to Broadway; 1-90/Barker Road reconstruct both intersections Horizon 2040 Not anticipated at Interchange Long-Term to 2-lane roundabout; WSDOT Plan(#12) this time Improvements reconstruct Barker/I-90 westbound ramp intersection to six-leg roundabout with Boone Avenue Barker Road Widen and improve to 5-lane 2019 2024 Improvement Project— urban section;roundabout @ TIP(#22) COSV $6,477,000 Appleway to 1-90 Broadway Barker Road NE Industrial Widen and improve to 5-lane Improvement Project— urban section Area PAO COSV $2,950,000 Mission to 1-90 (Phase 2) LONG TERM(2031-2040) Barker Road Reconstruct and widen north of Improvement Project— Sprague to 3-lane urban 2019-2024 COSV $2,854,000 Appleway to South City section,and south of Sprague TIP(#20) Limits to 2-lane urban section. 4th Avenue/Barker&8th Reconstruct 4th Avenue and 8th Avenue/Barker Avenue intersections with 2019 2024 COSV $3,000,000 Intersection single-lane roundabouts TIP(#21) Improvements 1. Costs do not include WSDOT's portion City of Spokane Valley 26 I Page SOUTH BARKER CORRIDOR STUDY v8 2/7/20 Updated Report Source:Fehr&Peers;City of Spokane Valley. Cost estimates are primarily derived from the City of Spokane Valley 2019-2024 Six-Year Transportation Improvement Program (TIP). Exceptions include the cost of the Barker Road Improvement Project—Mission to 1-90, which is derived from the estimate provided in the Northeast Industrial Area PAO and adjusted for 2018 dollars and the 4th Avenue/Barker & 8th Avenue/Barker Intersection Improvements, which assume a cost of $1.5 million per intersection comparable to the cost estimate for the Sprague/Barker Intersection Improvements. Projects are divided into four distinct timeframes: immediate (by 2020), near-term (3-6 years), mid-term (by 2030)and long-term(2040).The timing of implementation is based on a combination of traffic analysis findings of when the project is needed to meet LOS criteria,time for project development and anticipated availability of funding. Fair Share Analysis and Potential Funding In order to offset the costs of the future infrastructure projects that will be needed to achieve acceptable multimodal operations in the Barker Road Corridor, one option would be for Spokane Valley to collect traffic impact mitigation fees based on a fair-share analysis. Fees could be collected from developments in Spokane Valley around the Barker Road corridor, as well as from neighboring jurisdictions, including Liberty Lake and Spokane County where development is expected to generate traffic that will utilize the corridor, generate/exacerbate traffic impacts, and benefit from the future roadway widening projects. The fair-share financial contribution is determined by how much traffic each jurisdiction is expected to contribute in 2040 to locations in the Barker Road corridor where future transportation improvement projects were identified. The same regional travel demand model used to forecast 2040 traffic was used to estimate the percent of traffic through various segments of Barker Road generated by a portion of each jurisdiction. This was done by using a tool in the model called a "select zone analysis." The select zone analysis was set to identify the traffic generated by the area in each jurisdiction where development is expected to have the greatest traffic impact on the South Barker Road corridor and thus where a development fee could be reasonably assessed. This includes the portion of Spokane Valley south of the Spokane River and east of Flora Road,the area of unincorporated Spokane County immediately south and east of the Spokane Valley City limits and the City of Liberty Lake west of Harvard Road as shown in Figure 21. Please note that the Northeast Industrial Area (north of the Spokane River) was excluded from this analysis as the City is already utilizing a Planned Action Ordinance to assess fair-share fees for projects on Barker Road north of 1-90. City of Spokane Valley 27 I P a g e I ( .•r FcQa. ^�� ic'ry0a�kcDr rya = �� /, i (—t - c s H �C ! -:� Z� r,' u_ , iCe E' Wellesley Aye`'�--1crs, a�\bark�R,ai Z. A i z m� �1 m g Z E —'at Montana, I -.. 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SOUTH BARKER CORRIDOR STUDY v8 2/7/20 Updated Report To complete this analysis, the corridor was divided into three segments: north of 1-90, between 1-90 and Appleway Avenue, and south of Appleway Avenue.The results of the fair share analysis are shown Figure 22.As an example, Figure 22 shows that by 2040 about 18%of traffic on Barker Road north of 1-90 will be generated by Liberty Lake and 4% will be generated by unincorporated Spokane County immediately south and east of Spokane Valley. South of Appleway Avenue,only about 2%of traffic on Barker Road will be generated by Liberty Lake and 35% will be generated by development in unincorporated Spokane County immediately south and east of the Spokane Valley city limits. It should be noted that the percentages represent the percent of trip ends, since all trips have two ends. The select link analysis provides the origins and destinations by TAZ of all the PM peak hour trips traveling in each direction of Barker Road. Since each trip has both an origin and destination, half of the trip was assigned to the origin and half of the trip was assigned to the destination. For example, in the case of a trip that begins in Spokane Valley and ends in Liberty Lake half of that trip would be assigned to Spokane Valley and half to Liberty Lake, since both locations generated one end of the trip. Trips in the "other" category include traffic that has at least one trip end outside the TAZs included in the travel shed (see Figure 21).These include trips passing through the area or trips that have one end in the travel shed and one end outside of the travel shed (e.g., a trip between southeast Spokane Valley and downtown Spokane). Spokane Valley will need to use non-mitigation fee funding(grants,general funds)to cover the cost of the "other" trips since they cannot be levied on developers in the study area. Figure 22.Percent of 2040 Barker Road traffic generated by jurisdiction. Southeast Spokane Liberty Spokane Segment of Barker Road Valley Lake County Other Total North of 1-90 26% 18% 4% 52% 100% 1-90 to Appleway Avenue 19% 16% 17% 48% 100% South of Appleway Avenue 18% 2% 35% 45% 100% Source:Fehr& Peers, 2018 To estimate the fair share transportation impact mitigation fee for new development in each of the jurisdictions, the cost of each project is multiplied by the percent of traffic from that jurisdiction that is forecast to use the infrastructure. Given the relatively low volume of traffic generated by unincorporated Spokane County north of 1-90 and the relatively low volume of traffic generated by Liberty Lake south of Appleway Avenue it is recommended to exclude those jurisdictions from contributing to the cost of projects in those respective segments. It is recommended that new development in Liberty Lake be assessed a fair-share fee of 18% of the capital cost of infrastructure projects needed between Mission Avenue and Boone Avenue and 16% of the capital cost of infrastructure projects needed between 1-90 and Appleway Avenue. Similarly, it is recommended that new development in Spokane County within the south Barker Corridor travel shed (see Figure 21) be assessed a fair-share fee of 17%of the capital cost of infrastructure projects needed between 1-90 and Appleway Avenue and a fair share fee of 35% of the capital cost of infrastructure projects needed between Appleway Avenue and the south city limits. In addition to determining which jurisdictions use the new infrastructure, a fair share transportation impact mitigation fee must consider "existing deficiencies." Impact fee case law clearly states that new developments cannot be charged to fix existing deficiencies to the transportation system. Based on the LOS analysis above, there are existing deficiencies at the 1-90 ramp intersections. Since WSDOT is funding City of Spokane Valley 29 I P a g e SOUTH BARKER CORRIDOR STUDY v8 2/7/20 Updated Report the bulk of the interim improvements at the Barker Road interchange, there is no need to take a credit at that location. When the percentages in Figure 22 are applied to the cost of the projects listed in Figure 20,the fair share cost that can be applied to new development in each jurisdiction is listed in Figure 23.The total fair share cost is estimated at about$1.57 million to Liberty Lake and $3.57 million to Spokane County. It should be noted that Spokane Valley already has an agreement with Spokane County for a number of vested developments to pay a mitigation fee for improvements on Barker Road. The agreement totals$116,411, which was subtracted from the fair-share cost (specifically the Barker Road Improvement Project — Appleway to South City Limits). Figure 23.Fair-share cost by jurisdiction and project. Total Project Spokane Spokane Segment of Barker Road Cost Valley Liberty Lake County 1-90 Eastbound Ramp/Barker Road N/A N/A N/A N/A Interchange Interim Improvements 1-90 Westbound Ramp/ N/A N/A N/A N/A Barker Road Interchange Interim Improvements Sprague/Barker Intersection Improvements $1,517,000 $273,000 $0 $531,000 I-90/Barker Road Interchange Long-Term Not anticipated at N/A N/A N/A Improvements this time Barker Road Improvement Project—Appleway $6,477,000 $1,230,000 $1,036,000 $1,101,000 to 1-90 Barker Road Improvement Project—Mission to $2,950,000 $767,000 $531,000 $0 1-90 Barker Road Improvement Project—Appleway $2,854,000 $514,000 $0 $999,000 minus to South City Limits $116,411 4th Avenue/Barker&8th Avenue/Barker $3,000,000 $540,000 $0 $1,050,000 Intersection Improvements Total $16,798,000 $3,324,000 $1,567,000 $3,565,000* Source:Fehr& Peers, 2018 *Total was reduced by$116,411 to account for the existing mitigation fee agreement between Spokane Valley and Spokane County for several vested developments in Spokane County. Typically, costs to mitigate transportation infrastructure impacts are allocated based on PM peak hour traffic generation. Using PM peak hour trips is typical, since it is the PM peak hour that typically has the most-congested traffic and trips are a way to distribute costs in a way that is proportionate to the total impact generated. In other words, larger developments that generate more trips pay proportionately more than smaller developments that generate fewer trips. To develop a per-trip fee, it necessary to estimate PM peak hour traffic that will be generated by new development in the area that will use the South Barker Road Corridor. This includes portions of Spokane Valley and unincorporated Spokane County with the Barker Road Corridor travel shed and Liberty Lake east of Harvard Road (see Figure 21). Based on the 2015 and 2040 regional travel demand model, it was found that about 5,033 new PM peak hour trips will be generated by new development in this area between 2015 and 2040.This includes 2,212 new PM peak hour trips generated by Spokane Valley, 1,888 new PM peak hour trips generated by Liberty Lake and 933 new PM peak hour trips generated by unincorporated Spokane County. To estimate a cost per PM peak hour trip, one would divide the total City of Spokane Valley 30 I Page SOUTH BARKER CORRIDOR STUDY v8 2/7/20 Updated Report eligible costs of Barker Road projects (project costs minus existing deficiencies) by the new PM peak hour trips forecast to be generated in the study area. As an example, Figure 24 illustrates the cost of each capital improvement project recommended on the South Barker Road Corridor through 2040, along with the portion of the cost attributed to Spokane Valley traffic and the corresponding cost per new PM peak hour trip generated by development east of Flora Road and south of the Spokane River. The total cost of all projects (excluding WSDOT's portion) is about $16.8 million. Using the fair-share estimate, about $3.3 million would be attributed to traffic generated by Southeast Spokane Valley. When the fair share cost is divided by the number of new PM peak hour trips expected from development in Southeast Spokane Valley between 2015 and 2040,the total cost per PM peak hour trip would be $1,503. Figure 24.Cost per PM peak hour trip from new development(2015-2040)in Spokane Valley. New PM Peak COSV Percent Portion Hour Trips Cost per Project Cost Estimates Attributed Attributed from Nearby PM Peak (2018$$) to COSV to COSV COSV Hour Trip Development 1-90 Eastbound Ramp/Barker Road N/A N/A N/A 2,212 N/A Interchange Interim Improvements 1-90 Westbound Ramp/ Barker Road Interchange Interim N/A N/A N/A 2,212 N/A Improvements Sprague/Barker Intersection $1,517,000 18% $273,000 2,212 $123 Improvements 1-90/Barker Road Interchange Long- Not anticipated at N/A N/A 2,212 N/A Term Improvements this time Barker Road Improvement Project— $6,477,000 19% $1,230,000 2,212 $556 Appleway to 1-90 Barker Road Improvement Project— $2,950,000 26% $767,000 2,212 $347 Mission to 1-90 Barker Road Improvement Project— $2,854,000 18% $514,000 2,212 $232 Appleway to South City Limits 4th Avenue/Barker&8th Avenue/Barker Intersection $3,000,000 18% $540,000 2,212 $244 Improvements Total $16,798,000 - $3,324,000 2,212 $1,503 Source:Fehr& Peers, 2018 Applying this same methodology to the other jurisdictions results in a total cost per new PM peak hour trip of$830 for Liberty Lake and $3,821 for the area of unincorporated Spokane County within the South Barker Road travel shed as shown in Figure 25.These fees represent potential fair-share costs that could be levied on new development to help finance projects on the South Barker Corridor. City of Spokane Valley 31 I P a g e SOUTH BARKER CORRIDOR STUDY v8 2/7/20 Updated Report Figure 25.Cost per PM peak hour trip from new development(2015-2040)by jurisdiction. Southeast Spokane Liberty Spokane Segment of Barker Road Valley Lake County North of 1-90 $347 $281 $0 1-90 to Appleway Avenue $556 $549 $1,180 South of Appleway Avenue $600 $0 $2,640 Total $1,503 $830 $3,821 Vested Trips According to data provided by Liberty Lake and Spokane County, a significant number of dwelling units forecast to be added between 2015 and 2040 have already been vested. In the three TAZs in Liberty Lake west of Harvard Road, about 1,490 of the 1,929 total new dwelling units forecast to be added between 2015 and 2040 have already been vested. In addition, a number of properties in Liberty Lake have already been vested for commercial development (about 397,853 sq. ft. across the City). While there is no mechanism to charge a mitigation fee to existing or vested trips, the number of vested trips does not detract from the fact that Barker Road is not expected to meet the City of Spokane Valley LOS standard by 2040, nor does it detract that development and growth in Liberty Lake and Spokane County contributes substantially to the traffic and congestion on Barker Road. One could recalculate a new impact fee that specifically accounts for the vested trips. However, the resulting impact fee for the unvested trips would be higher than what was calculated in this Study. This is because the total costs for the capacity expansion would be the same, but there would be fewer growth trips to spread the cost of necessary transportation improvements across. Based on a rough calculation, it's estimated the cost per PM peak hour trip for unvested growth in Liberty Lake to be approximately $1,200 to $1,300 or about 50% higher than the PM peak hour fee of $830 when vested trips are included. Therefore, Spokane Valley is suggesting that any unvested trips be assessed the fee calculated in this study as its proportionate fair-share fee. This keeps these trips from being additionally cost-burdened because of the inability to capture the costs of the vested trips. It should be noted that Spokane Valley already has an agreement with Spokane County for a number of vested developments to pay a mitigation fee for improvements on Barker Road. The agreement totals $116,411,which was subtracted from the fair-share cost for Spokane County. CONCLUSIONS This report provides a summary of recommended capital improvement projects and estimated costs on the South Barker Corridor between Mission Avenue and the south City limits to be implemented by 2040. Projects are recommended to meet City and WSDOT LOS standards as well as to improve multimodal mobility in preparation for future development. This report also provides analysis of a fair-share cost estimation associated with traffic generated by adjacent jurisdictions and potential development traffic impact mitigation fees as one tool to finance projects. Lastly, guidance is provided to WSDOT on the City of Spokane Valley's preferred interim and long-term alternative for the 1-90 interchange. Analysis of existing conditions shows that both intersections of the Barker Road/I-90 Interchange are not currently operating at acceptable standards and the Barker Road/Sprague Avenue intersection is close to City of Spokane Valley 32 ' Page SOUTH BARKER CORRIDOR STUDY v8 2/7/20 Updated Report failing COSV standards in the PM peak hour.Additionally, by 2040 the Barker Road/Broadway intersection will fail City of Spokane Valley LOS standards.Traffic on Barker Road is expected to grow at a rate of about 1.4% per year through 2040, which will necessitate widening the corridor to five lanes between Mission Avenue and Appleway Avenue. In order to address traffic operations,traffic safety and multimodal mobility on the corridor a total of eight capital improvement projects are recommended to be implemented between now and 2040. These are listed below, organized into four different time frames for implementation based on when the project is needed as well as other factors (including funding availability): • Immediate (2019-2020) o 1-90 Eastbound Ramp/Barker Road Interim Improvements (single-lane roundabout) o 1-90 Westbound Ramp/Barker Road Interim Improvements (single-lane roundabout) • Near-Term (2021-2024) o Barker Road/Sprague Avenue Intersection Improvements • Mid-Term (2025-2030) o 1-90/Barker Road Interchange Long-Term Improvements o Barker Road Improvement Project—1-90 to Appleway Avenue (5-lane urban section) o Barker Road Improvement Project—Mission Avenue to 1-90 (5-lane urban section) • Long-Term (2031-2040) o Barker Road Improvement Project—Appleway Avenue to south City Limits o 4th Avenue/Barker &8th Avenue/Barker Intersection Improvements In summary, the recommended improvements by 2040 would result in the following future condition. Barker Road would have bike lanes and sidewalks on both sides of the street and curb and gutter along the length of the corridor. The road would be widened to five lanes from Mission Avenue to Appleway Avenue, three lanes from Appleway Avenue to Sprague Avenue and two-lanes from Sprague Avenue to the south City limits. South of Sprague,the area between the sidewalks on either side of the street would be wide enough to accommodate a third center turn lane in the future if warranted by development.Two- lane roundabouts would be implemented at both intersection of the 1-90 interchange.The Boone Avenue intersection would be consolidated into a new six-leg roundabout with the 1-90 westbound ramp and Cataldo Avenue. The bridge over 1-90 would be widened to four lanes with wide sidewalks on both sides to accommodate both bicyclists and pedestrians. The east-leg of Broadway would be realigned to meet the west-leg and the Broadway intersection would be converted to a roundabout or reconfigured to prevent left-out movements. New single-lane roundabouts or traffic signals would be implemented at the Sprague Avenue, 4th Avenue and 8th Avenue intersections. The combined costs of the projects, excluding the portion that would be funded by WSDOT, is estimated to be about $16.8 million in 2018 dollars. A fair-share analysis of the corridor was also conducted to highlight how development in Spokane Valley, Liberty Lake, and Spokane County could help to finance these projects. By multiplying the eligible project cost with the fair-share percentage and charging that fee, it would ensure that new development in each jurisdiction is contributing funding to the project reflective of their use of/benefit from the improvement.The fair-share analysis demonstrated that traffic from Southeast Spokane Valley developments will generate fairly equal demand on the length of the corridor. Traffic from Liberty Lake is generally expected to use the section of Barker Road north of Appleway Avenue and traffic from unincorporated Spokane County will generally use the section of the City of Spokane Valley 33 1 Page SOUTH BARKER CORRIDOR STUDY v8 2/7/20 Updated Report corridor south of 1-90. Therefore, it is recommended that a fee program be implemented to collect fees for projects on three distinct segments of the corridor based on the fair-share percentage: • Mission Avenue to 1-90 • 1-90 to Appleway Avenue • Appleway Avenue to south City limits It should be noted that while developer impact fees can provide an important source of funding, after negotiating with developers, elected officials, and neighboring jurisdictions, the impact fees are typically set so that they only cover a portion of project costs (typically less than 50%). Thus, Spokane Valley will need to use other financing strategies to pay for the remaining costs of the projects identified above. Other financing strategies Spokane Valley might consider include implementing a local improvement district or transportation benefit district, and applying for grants. Historically, Spokane Valley has had strong success in seeking and winning external funding, which has kept the costs of expanding transportation infrastructure relatively low for both developers and existing taxpayers compared to other cities in the region and state. City of Spokane Valley 34 I P a g e CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: June 7, 2022 Department Director Approval: ❑ Check all that apply: ❑ consent ❑ old business ❑ new business ❑ public hearing ❑ information ® admin. report ❑ pending legislation ❑ executive session AGENDA ITEM TITLE: Administrative report— Updates to the Master Speed Limit Schedule GOVERNING LEGISLATION: Spokane Valley Municipal Code Chapter 9.05.030 PREVIOUS COUNCIL ACTION TAKEN: • July 24, 2018, Council approved Resolution #18-006 updating the Master Speed Limit Schedule. • March 29, 2022, Council consensus to move forward with the 2022 School Zone Flashing Beacon project, including school zone revisions. BACKGROUND: In the spring of 2021, City Council requested staff to install a school zone flashing beacon at all schools identified as candidates by a prior preliminary evaluation. Staff coordinated with the affected schools, including Greenacres Middle School. This location does not currently have an established reduced speed limit school zone and requires the establishment of new school zones on three streets. Additionally, there is one school zone currently signed which is not identified in the Master Speed Limit Schedule, which is on Ella Road north of Broadway Avenue. Finally, the existing school zone on 4th Avenue east of Long Road needs to be expanded to accommodate the school zone flashing beacon installation. Modified or added school zones are identified below: ■ Tschirley Road from Sprague Avenue to Main Avenue ■ Main Avenue from 300 feet west of Tschirley Road to Tschirley Road ■ Corbin Road from Appleway Avenue to 200 feet north of Cowley Avenue ■ Ella Road from Broadway Avenue to Desmet Avenue ■ 4th Avenue from 300 feet west of Long Road to 100 feet east of Moen Street In addition, there are five school zones identified for removal from the Schedule to remain in compliance with the RCW governing school zone establishment. These zones are listed below: ■ 4th Avenue from 300 feet west of Bradley Road to 300 feet east of Coleman Road ■ Barker Road from 750 feet south of Mission Avenue to 300 feet north of Mission Avenue ■ Mission Avenue from Barker Road to 500 feet east of Barker Road ■ Broadway Avenue from 400 feet west of Farr Road to 400 feet east of Farr Road ■ McDonald Road from 7th Avenue to 5th Avenue A further review of the Schedule resulted in the following additional proposed revisions: ■ Progress Road from Wellesley Avenue to Crown Avenue; reduce from 35 mph to 25 mph ■ Barker Road from Euclid Avenue to SR-290; reduce from 40 mph to 35 mph ■ Indiana Avenue from 1-90 ramp to Indiana Parkway; reduce from 35 mph to 30 mph OPTIONS: At a future Council meeting, bring a Resolution amending the master Speed Limit Schedule, with some, all or none of the options mentioned above. RECOMMENDED ACTION OR MOTION: Seeking Council consensus to return with a resolution to amend the Master Speed Limit Schedule with all proposed changes. BUDGET/FINANCIAL IMPACTS: There is no anticipated financial impact. School zone signs and speed limit signs will be revised as part of routine annual maintenance and the School Zone Flashing Beacon project is already included in the budget. STAFF CONTACT: Jerremy Clark, Traffic Engineering Manager ATTACHMENTS: PowerPoint Presentation; Draft Amended Resolution _ _ _ _ Ma sterSpeedSchedule Update � Admin .._1...„,.._ __ _ ___-- _ _ _.„.-7-Jx--.1:._;:. - _ __ TT T .00. air -- ell ( - - -_ -- , Ming zik, a r , _ , 14, ,... ., ,-- -72;- '‘,.-':' 1 N ¢� r v tom. .' ".�_ �. if �_ - - ark a..= -�t P. 1 ir ( x � ,... f + t '�"P _ E s• it :� . �,�"_ -0 4 F, r • .c 'd4 '''' 1 .. 1 0:11F\ I ^f{I .. - 1 June 7, 2022 Spokane • valley Jerremy Clark, Traffic Engineering Manager SCITSOkan�e� � Back round P Valley. g School Zone Flashing Beacon discussions in March 2022 identified two new school zones to add to the Schedule. One of the existing school zones will be modified due to beacon installation limitations. Four school zones to be removed to comply with the RCW. Two locations proposed for revision due to construction projects or continued development. One location proposed for revision for corridor consistency and crossing safety. 2 SCITSOkane Governing Legislation p valley SVMC 9.05.010 — Adoption of the Model Traffic Ordinance SVMC 9.05.030 — Speed Limits WAC 308-330-270 — Local Authority (Model Traffic Ordinance) Modify speed limits pursuant to RCW 46.61.415 RCW 46.61.440 — Maximum speed limit when passing school or playground crosswalks RCW 46.61.415 — When local authorities may establish or alter maximum limits 3 SCITSOkan�e� Proposed Revisions — School Zones P valley � �, . Greenacres Middle School 41, . 1, a-- Create 20 mph school zones I - ,kir:47. , 7. t Tschirley Road north of Sprague Avenue w _ �; _ Greenacres E . � { , \jy - d Main Avenue west of Tschirley Road Middle r , ;r ' . i , c Corbin Road north of Appleway Avenue R-F - School ,, m ' ,si— t R s It �ii No I P A :,,,,_,. ,. ..„.2,4 , - , . . , - .,, , .. , , . , . . , . ,„ , r . . SCITSOkan�e� Proposed Revisions — School Zones p valley � a "`° ' - ' . Ella Road from BroadwayAvenue to r1 �t rq ra Desmet Avenue `0i I0 n wit, Create 20 mph school zone for Centennial Middle �� ,I y -�s School E A_ r wr -' f ,If1R i �£ - - � This segment is currently signed as a school zone Ai- arq, ...,i kr ' II, Ir-' .! r'.- - r 4 I( r rr Centennial r , r , Z> Middle School ' 1 - ear 5 r '. 3 . r �_ r I �tiY �4--. .,.r- ), „.. • - h_ {l err•"I [.} Wf4 5 SCITSOkan�e� Proposed Revisions — School Zones P valley� di • .: .1-4-L - oW • .- ..., . # �■., Greenacres Elementaryll, a f ' ., _tl ; SchoolI s`' - •:1 i. Existing +r -- ma lir.•. 4iptoL, School Zone „�y Proposed Revision _ . ... ARIS" 4th Avenue east of Long Road Modify to accommodate the installation of a school zone flashing 6 beacon for solar power. SCITSOkan�e� Proposed Revisions — School Zone Removals valleyp� , _ t 1 , ,,LL....,...z.. -ir: ,i ,a,,_.... ,.,., 1 - -,, — R �� . ,F--r.--r I-- ri „r-4,.., it _ 1 e �{ � } .t 8 '~.o ,tom l li r r a -. .. F.. .f� - �' r ,`. ,, (`' — — " t V : = r r iFif--2,„;,ii47-ft' If ''Fil ,,,-,,,,4 i-.4.1 r * — ' -,''N, n ; ifok , ` y r - ra' .. - ,,, , ,,, ,_ 'I.4 e I- Ir._tiq I v c , 1:.; L"' - i--..- - I V 1 �G -. rig') '9 it:1-4'' I it *I , 1 0 v , 7 ''-r."'"'" v:r4' ''''71Hii'' ell9r9111. ': lir''A ‘11*: ,L I 111 t °r._t .. �� ' ` k"fir., i. r Barker Road north and south of Mission Avenue 4th Avenue from Bradley Road to Coleman Road Mission Avenue east and west of Barker Road Remove school zone related to Pratt Elementary Remove school zone related to Spokane Valley (now Pratt Academy) Learning Academy This is a remote learning facility and does not meet the criteria in the RCW. sookale Proposed Revisions — School Zone Removals valley. _-- . ficiar.„7.„. „...„1„Fev ,415- ..istmle, . --141*--ir 41*, 7"s7 41'1415 — : Cillr4, citL - ill - li VI'..- 1 A .' ,..,- t Inle-I, .--:i __L._,e- ,..". II ri , te1/41 ir- 1 in 1 ,11- I' i,:-.- -_lie f.--1---1 tlet: e 14.4 ir --- -:-.0,---4-- ,------e.—r. -ke ' 14 • ,' , ,., 1. . 4_4..t r f -.- AY 17; 'It1.--ir- 41--, Ill v .14 4-- J,L. :Arit7.," 11-1/911E1:-_____. It ' - . 1 , r_____. 7-- *Air .,,,,, -1'444 :e'r* AL r t ( . 4 ..... ,, I' '- 1 r , air-k gAr j-4- pl. - 1 # N - '11 , eat - 0 'w Jo A i „1 r_ , I , Lauk LEL. ., r .! 4,1E1' Ili I 1 4, r ,,t,...jr t -1 r4Ti- 11 418400,„ i 1 ' i'' , . It mo ?II ‘ 1 s 1 41 I i • vi * ** i l'i- L 17 —'n': ... , "- ;;Ipia4117 ' Broadway Avenue east and west of Farr Road i _ - -......-'-`..- r—., McDonald Road from 7th ANtenue to 5th Remove school zone related to Ness Elementary School The school is separated from Broadway Avenue with no Avenue This is no longer an active school and expected pedestrian activity and does not meet the does not meet the criteria in the RCW. 8 criteria in the RCW. Spokane Proposed Revisions — Other Segments valley Y }\ . ;-. i.. , , • Progress Road north of Wellesley �. - Avenue - ,t. . a - - :•= fl�' �". r #__-. ; Reduce from 35 mph to 25 mph due to - -.?,;,:..ti,,"4P._fT..1 Bigelow-related road closure. t -4-0 ' t • Retain school zone between Wellesle and 11-1.,, ', ,. Crown E_ '1111*-'1'.'-- '' 'rk: I 11 lifiC E&-oad Ava y N. 9 E Wellesley Ave — — SCITSOkan�e Proposed Revisions — Other Segments � r M.l P c Barker Road north of Euclid Avenue Reduce from 40 mph to 35 mph due to build out of the t corridor in the industrial area. f "" This is currently signed 45 mph and the only segment of =- Barker over 35 mph. MILTINW q N,: 9J, , he S i ,n ... Barker from Euclid to SR-290 r 4 (South City Limits to SR-290) 10 , .�„ ti,-s' r SCITSOkan�e Proposed Revisions — Other Segments � .,--. , , - _; ; - • Indiana Avenue from I-90 ramp to ` ' ��x Desmet Court kt d �.:Rx ►. �. . Reduce from 35 mph to 30 mph . ,,„ t — , ' ., Speed limit is 30 mph through the .,. 4 ... ,ram. "eye" s . ., and on Mission east of Flora i t, f, r+". There has been a recent rear-end - c....:y r � "� ~- `' '�` crash at the mid-block marked a .A+ Indiana from 1-90 Ramp to Desmet �.:-:. crosswalk There is a sight distance limitation for westbound vehicles approaching the unmarked crosswalk at Desmet Court due to elevated speeds 85th percentile speeds are over 40 mph; evaluating other traffic calming ii elements [�ICITSOkane Discussion ~ p valley Seeking consensus to bring forward a resolution to modify the Master Speed Limit Schedule. Including or Excluding the Revision on Indiana Avenue Take other action deemed appropriate. Questions? 12 DRAFT CITY OF SPOKANE VALLEY SPOKANE COUNTY,WASHINGTON RESOLUTION NO.22-0** A RESOLUTION OF THE CITY OF SPOKANE VALLEY,SPOKANE COUNTY, WASHINGTON,ADOPTING AN AMENDED MASTER SPEED LIMIT SCHEDULE; AND OTHER MATTERS RELATED THERETO. WHEREAS, the City Council from time-to-time may modify speed limits and speed zones to better reflect changing traffic conditions and roadway characteristics; and WHEREAS, the City Council adopted Spokane Valley Municipal Code Section 9.05.030, which, in part,provides that the maximum speed limits for streets can be established by ordinance or resolution; and WHEREAS,the City Council has authority under SVMC 9.05.030 to change speed limits,provided that such alteration shall be made on the basis of an engineering and traffic investigation, be reasonable and safe,and in the interest of the health, safety and welfare of the citizens of this City; and WHEREAS,the City's Traffic Engineer has done an engineering and traffic investigation of Corbin Road from Appleway Boulevard to 300 feet north of Cowley Avenue,and Tshirley Road from Sprague Avenue to Main Avenue, and recommends that they be added to the Master Speed Limit Schedule. WHEREAS,these changes will be listed in the Master Speed Limit Schedule adopted by the City. NOW THEREFORE, be it resolved by the City Council of the City of Spokane Valley, Spokane County,Washington,as follows: Section 1. Adoption of the Master Speed Limit Schedule. The Master Speed Limit Schedule,as set forth below,is adopted. Section 2. Repeal. To the extent that any previous actions to establish speed limit signs are inconsistent with those set forth herein, specifically including Resolution 18-006,they are repealed. Section 3. Effective Date.This Resolution shall be effective upon adoption. Adopted this day of June,2022. City of Spokane Valley Pam Haley,Mayor ATTEST: Christine Bainbridge, City Clerk Approved as to Form: Office of the City Attorney Resolution 22-0**Adopting Master Speed Limit Schedule Page 1 of 4 DRAFT MASTER SPEED LIMIT SCHEDULE School Speed Zones SCHOOL SPEED ZONES The following road sections have been designated as school zones. The maximum speed allowable on the said road sections shall be 20 miles per hour as designated with any of the signage options pursuant to Washington Administrative Code section 392-151-035 as adopted or amended. The Council shall establish any changes to speed limits or school speed zones by resolution. TWENTY MILES PER HOUR: 4th AVENUE from 600 feet west of Adams Road to 300 feet east of Adams Road from 300 feet west of Bradley Street to 300 feet east of Coleman Street; and from 300 feet west of Long Road to 100 feet east of Moen Street. 8th AVENUE from 300 feet west of Adams Road to 800 feet east of Adams Road. 9th AVENUE from Herald Road to Felts Road. 10th AVENUE from Wilbur Road to Union Road. 12th AVENUE from Wilbur Road to Union Road. 16th AVENUE from 300 feet west of University Road to 300 feet east of Glenn Road; from Woodlawn Road to Clinton Road; and from 300 feet east of Bolivar Road to 200 feet west of Warren Road. 24th AVENUE from Union Road to Pines Road and from 300 feet west of Calvin Road to 200 feet east of Adams Road. 32nd AVENUE from 300 feet west of Pines Road to Woodlawn Road. ADAMS ROAD from 9th Avenue to 350 feet north of 4th Avenue and from 850 feet north of 24th Avenue to 24th Avenue. ALKI AVENUE from Glenn Road to Pierce Road and from 100 feet west of Pines Road to Pines Road from 800 feet east of Wilbur Road to 600 feet west of SR-27. BARKER ROAD from 750 feet south of Mission Avenue to 300 feet north of Mission Avenue. BOONE from 300 feet west of Farr Road to 300 feet east of Farr Road. BOWDISH ROAD from 20th Avenue to 24th Avenue and from 300 feet south of 1 1th Avenue to 300 feet north of 1 1th Avenue. BRADLEY ROAD from 5th Avenue to 3rd Avenue. BROADWAY AVENUE from 100 feet west of Farr Road to 100 feet east of Farr Road; from 100 feet west of VanMarter Road to Johnson Road; from 300 feet west of Progress Road to St. Charles Road; from 400 feet east of McDonald Road to Blake Road; from 300 feet west of Felts Road to 300 feet east of Felts Road; from 300 feet west of Ella Road to 300 feet east of Ella Road; and from 400 feet east of Wilbur Road to 650 feet west of SR-27. BUCKEYE AVENUE from 200 feet east of Park Road to 350 feet east of Center Road. CATALDO from Rudolf to MacArthur. CENTER ROAD from Marietta Avenue to Utah Avenue. CIMMARON DRIVE from Sunderland Drive to 300 feet east of Woodruff Road. COLEMAN ROAD from 5th Avenue to 3rd Avenue. CORBIN ROAD from Appleway Boulevard to 200 feet north of Cowley Avenue. ELLA ROAD from Broadway Avenue to Desmet Avenue. FARR ROAD from 300 feet south of Valleyway Avenue to 350 feet north of Valleyway Avenue. FLORA ROAD from 600 feet south of Wellesley to Wellesley Avenue. HERALD ROAD from 1 1th Avenue to 9th Avenue. LONG ROAD from 300 feet south of 4th Avenue to 2nd Avenue and from 650 feet south of Mission Avenue to 150 feet north of Mission Avenue. MacARTHUR from Boone to Cataldo. MAIN AVENUE from 300 feet west of Tschirley Road to Tschirley Road. MCDONALD ROAD from Broadway Avenue to Cataldo Avenue;and from 350 feet south of 16th Avenue to 14th Avenue; and from 7'Avenue to 5th Avenue. Resolution 22-0**Adopting Master Speed Limit Schedule Page 2 of 4 DRAFT MISSION AVENUE from 500 feet west of Bowman Road to Park Road; from SR-27 to 750 feet east of SR- 27; and from 750 feet east of Long Road to 350 feet east of Long Road; and from Barker Road to 500 feet east of Barker Road. PARK ROAD from 300 feet south of Mission Avenue to Nora Avenue and from 100 feet south of Carlisle Avenue to 400 feet north of Buckeye Avenue. PINES ROAD from 25th Avenue to 23rd Avenue,from 40th Avenue to 500 feet north of 32nd Avenue,and from 18th Avenue to 20th Avenue. PROGRESS ROAD from 650 feet south of Broadway Avenue to Broadway Avenue and from Wellesley Avenue to Crown Avenue. RUDOLF from Boone to Cataldo. SCHAFER ROAD from 300 feet south of Cimmaron Drive to 300 feet north of Cimmaron Drive. SR-27 from 200 feet south of Mirabeau Parkway to 100 feet north of Pinecroft Way and from 300 feet north of Broadway Avenue to 300 feet south of Broadway Avenue. TSCHIRLEY ROAD from Sprague Avenue to Main Avenue. UNION ROAD from 12th Avenue to 10th Avenue. UNIVERSITY ROAD from 19th Avenue to 16th Avenue. VALLEYWAY AVENUE from 300 feet west of Marguerite Road to 150 feet east of Hutchinson Street. VISTA ROAD from Frederick Avenue to 200 feet south of Buckeye Avenue. WELLESLEY AVENUE from 700 feet west of Adams Road to 200 feet east of Burns Road and from Conklin Road to Flora Road. WILBUR ROAD from 12th Avenue to 10th Avenue. WOODRUFF ROAD from 300 feet south of Cimmaron Drive to 300 feet north of Cimmaron Drive. Playground Speed Zones PLAYGROUND SPEED ZONES The following road sections have been designated as playground zones. The maximum speed allowable on said road sections shall be as shown below when signs are in place. TWENTY MILES PER HOUR: MISSION AVENUE from 250 feet west of Bowdish Road to 1,500 feet west of Bowdish Road. TWENTY-FIVE MILES PER HOUR: MIRABEAU PARKWAY from 1,000 feet east of Pinecroft Way to 1,300 feet north of Mansfield Avenue. Speed Limits The following road sections have maximum speed limits higher than 25 miles per hour. THIRTY MILES PER HOUR: 3'd AVENUE from west city limits to Fancher Road. 8th AVENUE from Pines Road to Sullivan Road. INDIANA AVENUE from the I-90 EB Ramp to Indiana Parkway. INDIANA PARKWAY from Indiana Avenue to Flora Road. MISSION AVENUE from Pines Road to Sullivan Road and from Flora Road to Barker Road. MISSION PARKWAY from Indiana Parkway to Flora Road. MONTGOMERY DRIVE from Argonne Road to Daitniouth Lane. THIRTY-FIVE MILES PER HOUR: 1st AVENUE from Eastern Road to Thierman Road. 4th AVENUE from west city limits to Eastern Road. 8th AVENUE from west city limits to Park Road; from Dishman-Mica Road to University Road; and from Barker Road to Hodges Road. 16th AVENUE from Dishman-Mica Road to Sullivan Road. Resolution 22-0**Adopting Master Speed Limit Schedule Page 3 of 4 DRAFT 32"AVENUE from Dishman-Mica Road to Best Road. 44th AVENUE from Locust Road to Sands Road. APPLEWAY AVENUE from Sprague Avenue to east city limits. APPLEWAY BOULEVARD from Thierman Road to University Road. ARGONNE ROAD from Dishman-Mica Road to SR-290. BARKER ROAD from south city limits to SR-290120 feet north of Bridgeport Avenue. BLAKE ROAD from SR-27 to Saltese Road. BOWDISH ROAD from Sands Road to Mission Avenue. BROADWAY AVENUE from Havana Street to Flora Road. CARNAHAN ROAD from south city limits to 8th Avenue. DISHMAN ROAD from 8th Avenue to Appleway Avenue. DISHMAN-MICA ROAD from 300 feet south of 8th Avenue to Sprague Avenue. EUCLID AVENUE from Sullivan Road to Flora Road;from Flora Road to Barker Road; and from Barker Road to east city limits. EVERGREEN ROAD from 32nd Avenue to Indiana Avenue and from SR-290 to Forker Road. FANCHER ROAD from the Freeway(PSH No. 2)access on 3'Avenue to SR-290. FLORA ROAD from Sprague Avenue to Montgomery Avenue and from the north side of the Spokane River to Wellesley Avenue. INDIANA AVENUE from SR-27 to Indiana Parkway. INDIANA AVENUE from Sullivan Road to the I-90 EB Rampindiana Parkway. MADISON ROAD from Thorpe Road to Pines Road. MANSFIELD AVENUE from Montgomery Avenue to Mirabeau Parkway. MARIETTA AVENUE from Sullivan Road to Euclid Avenue. McDONALD ROAD from 16th Avenue to Mission Avenue. MIRABEAU PARKWAY from SR-27 to Indiana Avenue. MISSION AVENUE from Argonne Road to SR-27 and from Barker Road to east city limits. MONTGOMERY DRIVE from Daitinouth Lane to SR-27. MULLAN ROAD from Appleway Avenue to Indiana Avenue. PARK ROAD from Beverly Drive to Bridgeport Avenue. PINES ROAD from Madison Road to 16th Avenue. PROCRESS ROAD from Wellesley Avenue to Crown Avenue. RUTTER AVENUE from west city limits to Park Road. SALTESE ROAD from 16th Avenue to Blake Road. SANDS ROAD from 44th Avenue to Bowdish Road. SCHAFER ROAD from 44th Avenue to Dishman-Mica Road. SPRAGUE AVENUE from west city limits to east city limits. SR-27 from SR-290 to 500 feet south of 16th Avenue. SULLIVAN ROAD from Saltese Road to Wellesley Avenue. THORPE ROAD from Dishman-Mica Road to Madison Road. UNIVERSITY ROAD from Dishman-Mica Road to Mission Avenue. WELLESLEY AVENUE from McDonald Road to Flora Road. FORTY MILES PER HOUR: BARKER ROAD from Euclid Avenue to SR 290. SR-290 from west city limits to 1,200 feet west of University Road. FORTY-FIVE MILES PER HOUR: DISHMAN-MICA ROAD from south city limits to 300 feet south of 8th Avenue. SR-27 from 500 feet south of 16th Avenue to south city limits. FIFTY MILES PER HOUR: SR-290 from 1,200 feet west of University Road to east city limits. Resolution 22-0**Adopting Master Speed Limit Schedule Page 4 of 4 CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: June 7,2022 Department Director Approval: ❑ Check all that apply: ❑consent ❑ old business ❑new business ❑public hearing ❑information ®admin.report ❑pending legislation ❑executive session AGENDA ITEM TITLE: Administrative report— Compression Brakes. GOVERNING LEGISLATION: Chapter 46.37.395 RCW. PREVIOUS COUNCIL ACTION TAKEN: N/A. BACKGROUND: The City Council has requested an overview of the background and existing laws regarding vehicle compression brakes. An engine compression brake device is any device that uses the engine and transmission to impede the forward motion of the motor vehicle by compression of the engine (RCW 46.37.395(1)). According to the RCW, compression brakes are only allowed for use with an operational muffler and exhaust system to prevent excess noise. City staff and law enforcement have received numerous complaints about the usage of compression brakes on City streets. A review of adjacent jurisdiction laws regarding compression brakes is provided along with a summary of enforcement availability. The only identified adjacent agency with a more restrictive ordinance than state law is Spokane County,which specifies specific roadway segments with complete compression brake prohibition — both muffled and unmuffled — except in emergency situations. The City of Spokane, City of Millwood, and City of Liberty Lake were each found to not have an ordinance restricting compression brakes beyond the requirements of state law. The City of Hayden, Idaho, restricts the use of all compression brakes city-wide, except in emergency situations. There are currently two Commercial Enforcement personnel associated with the Spokane County Sheriff's Department that are available to respond to complaints regarding compression brakes or provide general enforcement of compression brakes throughout the County. As part of tonight's discussion, a representative of the Spokane Valley Police Department will provide insight and discussion on the impacts of increased regulation and enforcement requirements. The current State law, adjacent jurisdiction laws, and associated information is provided in a presentation, as attached. A discussion relating to compression brakes within the City can be brought forward in the future at Council discretion. OPTIONS: Discussion Only RECOMMENDED ACTION OR MOTION: Council discretion BUDGET/FINANCIAL IMPACTS: N/A. STAFF CONTACT: Jerremy Clark, Traffic Engineering Manager; David Ellis, Chief of Police; Sergeant Brett Hubbell, Spokane Valley Police Traffic Unit. ATTACHMENTS: PowerPoint Presentation I ifli Compression Brakes _ ,... --in--.' -'I 4 Il.-, '' -, _-.., ' ,i - y fibs'• SEMN f . r r :r - _ iffir _ i „� as r- . -- . y,E r i, - *: ( 'i ' a, a <v r. tom. R " • �i'�. !._ �t 4$ I s v F, f ,� _ . � - June 7, 2022 S`�"okane JerremyClark, Traffic Engineering Manager p9 9 9 valleyDavid Ellis, Chief of Police SCITSOkane Prior Discussions P valley Spokane Valley residents have raised concerns about vehicles, primarily heavy trucks, using compression brakes in or near residential areas. A recent review of one such event on Barker Road south of 8th Avenue by the Spokane County Sheriff's Department Commercial Enforcement personnel identified that one such truck was operating legally with a muffled compression brake. "Muffled" compression brakes are legal under state code. A recommendation was made for the City to adopt a prohibition of compression brakes in order to eliminate any usage of compression brakes within the City Limits, whether muffled or unmuffled. Common Complaint Areas: Barker Road, Argonne Road near Valleyway 2 SCITSOkane Governing Legislation p valley RCW 46.37.395 - Compression brakes (Jake brakes) (1) This section applies to all motor vehicles with a gross vehicle weight rating of 4,536 kilograms or more (10,001 pounds or more), registered and domiciled in Washington state, operated on public roads and equipped with engine compression brake devices. An engine compression brake device is any device that uses the engine and transmission to impede the forward motion of the motor vehicle by compression of the engine. (2) The driver of a motor vehicle equipped with a device that uses the compression of the motor vehicle engine shall not use the device unless: The motor vehicle is equipped with an operational muffler and exhaust system to prevent excess noise. A muffler is part of an engine exhaust system which acts as a noise dissipative device. A turbocharger is not permitted to be used as a muffler or a noise dissipative device. (3) The monetary penalty for violating subsection (2) of this section is: (a) Two hundred fifty dollars for the first violation; (b) five hundred dollars for the second violation; and (c) seven hundred fifty dollars for each violation thereafter. (4) All medium and heavy trucks must comply with federal code 205 - transportation equipment noise emission controls, subpart B. (5) Nothing in this section prohibits a local jurisdiction from implementing an ordinance that is more 3 restrictive than the state law and Washington state patrol rules regarding the use of compression brakes. SCITSOkane Adjacent Jurisdictions p valley The City of Spokane, the City of Millwood, and the City of Liberty Lake do not currently have code prohibiting the use of compression brakes. State law allows local jurisdictions to develop more restrictive ordinances. Ordinances restricting compression brakes may be crafted for specific roadway segments or on a City-Wide basis 4 [�ICITSOkane AdjacentySegment ~ p Jurisdictions — b valley � Spokane County Code 46.37.395 - Compression brakes (a) No person shall use compression brakes while operating a motor vehicle upon any road as listed below where signs prohibit the use of compression brakes, except as such use is necessary in an emergency. (b) Definitions... (c) This section shall not apply to vehicles of a fire department, whether or not responding to an emergency, participating in an exercise in emergency management, or rendering assistance under a mutual aid agreement. (d) The monetary penalty for violating this section is: (1) two hundred fifty dollars for the first violation; (2) five hundred dollars for the second violation; and (3) seven hundred fifty dollars for each violation thereafter. The roads subject to this section include: Harvard Road from Euclid Avenue to SR-290 (Trent) The acting county engineer is directed and authorized to cause to be posted and maintained signs in accordance with this resolution and the Washington State Department of Transportation's "Manual for 5 Signing." (Res. 07-0059, 2007) CITY Adjacent Jurisdictions — CityWide ~ p valley � Hayden, Idaho Code 6-1-5 — Compression Brakes Prohibited A. Prohibited: It shall be unlawful for the driver of any vehicle to use or operate or cause to be used or operated a compression brake within any designated roadway except under emergency circumstances where the use of a compression brake is necessary to prevent an accident or injury to persons or property. B. Definitions: For purposes of this section, the following definitions shall apply: COMPRESSION BRAKE: Any engine brake, air compression brake or mechanical exhaust braking device designed to aid in the braking or deceleration of any vehicle that results in excessive, loud, unusual, or explosive noise from such vehicle. DESIGNATED ROADWAY: Any public highway, as defined in section 40-117, Idaho Code, within Hayden City limits. C. Violation: Any person who violates any provision of this section shall be deemed guilty of an infraction punishable pursuant to section 1-3-1 of this Code. (Ord. 583, 8-14-2018) 6 SCITSOkane Enforcement P valley There are two Commercial Motor Vehicle (CMV) officers available to respond to the unincorporated areas of the Spokane County. These officers are available to respond at the request of jurisdictions, such as the City of Spokane Valley. An ordinance prohibiting "unmuffled" compression brakes requires a CMV officer due to the inspection required to determine the compliance of the vehicle. An ordinance prohibiting all compression brakes may be enforced by any officer in a properly signed situation. 7 Questions SCIOaDiscussion or SO lane Recommended Path Forward . 8 CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: June 7, 2022 Department Director Approval: Check all that apply: ❑ consent ❑ old business ❑ new business ❑ public hearing ❑ information ® admin. report ❑ pending legislation ❑ executive session AGENDA ITEM TITLE: Law Enforcement Collective Bargaining Update GOVERNING LEGISLATION: City of Spokane Valley Interlocal Agreement 17-104 PREVIOUS COUNCIL ACTION TAKEN: Interlocal Agreement for Law Enforcement Services as Provided by the Spokane County Sheriffs Office to the City of Spokane Valley, contract number 17-104, adopted by Council on July 25, 2017. Amended by Council on May 4, 2021. Administrative report to Council March 29, 2022. Council adopted Amended Agreement on April 12, 2022. Update to Council regarding renewal on May 3, 2022. BACKGROUND: The current interlocal agreement (ILA) with Spokane County for the provision of law enforcement services was adopted by Council in July 2017 for the 5-year period January 1, 2018, through December 31, 2022. The agreement is subject to renew at the end of 2022 for another five-year period with Council approval. Spokane County and the Sheriffs Office have collective bargaining agreements (CBAs) with deputies and with captains and lieutenants. New CBAs were entered into earlier this year. This presentation provides an overview of the new CBAs and the current estimated impact to the City's budget for 2022-2024. OPTIONS: Discussion. RECOMMENDED ACTION OR MOTION: N/A BUDGET/FINANCIAL IMPACTS: 2022 Budget for Law Enforcement Agreement is $24,958,601. Estimated impact of collective bargaining agreement provided by Sheriffs Office is: Year 1 (2022) =$524,280; Year 2 (2023) = $1,046,136; Year 3 (2024) = $1,419,525 STAFF/COUNCIL CONTACT: Morgan Koudelka, Senior Administrative Analyst; Erik Lamb, Deputy City Manager; Dave Ellis, Police Chief. ATTACHMENTS: 1.) PowerPoint; 2.) Deputy Sheriffs' Association, Collective Bargaining Agreement 3.) Lieutenants and Captains Association Collective Bargaining Agreement Sp"&kane ROLICk. sokane Valley/ 2022 LAW ENFORCEMENT zoo3 INTERLOCAL AGREEMENT COLLECTIVE BARGAINING UPDATES City of Spokane Valley June 7, 2022 HISTORY OF AGREEMENT • 2003 - Original Contract • 2003 — SCOPE Contract • 2009 — ICMA Study: evaluation of contract services and in-house estimate. • 2010 — New Interlocal Agreement including revised cost methodology and adding Precinct Commander. • 2014 — Added 2 deputies, eliminated patrol corporals; created Power Shift and dedicated Spokane Valley Investigative Unit focused on property and drug crimes. • 2017 — Current Interlocal adopted incorporating Council Public Safety Goals. • 2021 — Homeless Services Deputy and Behavioral Health Deputy added to dedicated Spokane Valley officers. • 2022 — Final year of first five-year term for current Interlocal. Council approval required to renew agreement and start a new five-year term. 2 COLLECTIVE BARGAINING NEGOTIATIONS • Two main unions, the Lieutenants' and Captains' Association and the Deputy Sheriff's Association represent the majority of commissioned officers. • Both collective bargaining agreements operate on the same three-year cycles. • City staff have the ability to observe but not actively participate in negotiations. 3 LIEUTENANTS AND CAPTAINS' ASSOCIATION 1. 3-year length 2. Covers lieutenants and captains 3. Longevity and on-call pay were eliminated and converted to additional regular pay (3.7% and 4.8%) 4. On-call rotation was eliminated and now all non-executive lieutenants are on-call full-time and received an extra .75% of salary 5. A 1.5% increase in differential between the top-step sergeant and bottom step lieutenant was added 6. Deferred compensation match of 1% was added 7. Annual lump-sum bonus for education — Associates ($3,000), Bachelors (4,000), Masters ($5,000) 8 8th personal holiday added (Juneteenth) 9. Clothing allowance increased from $1,088 to $2,200 10.Accepted the body-worn camera program 11. Changes to vacation and sick accruals 12. Maximum accrual of 320 hours for vacation and 1,440 hours for sick 4 DEPUTY SHERIFF'S ASSOCIATION 1. 3-year time-frame (2022-2024) 2. Covers deputies, detectives, corporals, and sergeants. 3. Cost of living adjustments — 2022 (1.25%), 2023 (2%), 2024 (2%) 4. 1% matching deferred compensation added 5. Clothing allowance increased from $1,088 to $2,200 6. Juneteenth added as a personal holiday. Memorial Day added as a paid holiday. 7. Elimination of Kelly Days (comp days for extra hours due to schedule, 84 hours worked every two weeks). Patrol deputies and patrol sergeants will now work the additional hours every month. The average additional hours are 8.66 based on the 2,080 hours work year. Those additional 8.66 hours (103.92 yearly) will be paid at the time and a half rate. 8. In service training hours will now be paid at time and a half (about 40 hours per year). These are overtime hours in addition to normally scheduled shifts. 5 DEPUTY SHERIFF'S ASSOCIATION 9. Additional specialty unit pay was added. • Field Training Officers - 5% previously 3% • Air Support Unit - 6% previously 0 • Dive team - 3% previously 0 • Traffic Investigations - 3% (for deputies only) previously 0 • Hostage Negotiators — 3% previously 0 • Specialty Pay is based on a deputy step 5 salary 10. Body-worn camera program accepted 11. Changes to vacation and sick time accrual 12. Maximum accrual of 320 hours for vacation and 1,440 hours for sick 13. Ability to sell back 80 hours of vacation and holiday accrual 6 DEPUTY SHERIFF'S ASSOCIATION Deputies' Hourly Wage Step Table Start 1 Year 2 Years 3 Years 4 Years 10 Years 15 Years 20 Years 25 Years (Step 1) (Step 2) (Step 3) (Step 4) (Step 5) (Step 6) (Step 7) (Step 8) (Step 9) Prior $ 28.46 $ 31.45 $ 34.75 $ 38.40 1. 2022 $ 28.82 $ 31.84 $ 35.19 $ 38.88 $ 40.83 $ 41.44 $ 42.06 $ 42.69 $ 43.33 2023 $ 29.39 $ 32.48 $ 35.89 $ 39.66 $ 41.64 $ 42.27 $ 42.90 $ 43.55 $ 44.20 2024 $ 29.98 $ 33.13 $ 36.61 $ 40.45 $ 42.48 $ 43.11 $ 43.76 $ 44.42 $ 45.08 Change 10.5% 10.5% 10.5% 5.0% 1.5% 1.5% 1.5% 1.5% 7 DEPUTY SHERIFF'S ASSOCIATION Detectives' and Corporals' Hourly Wage Step Table Sergeants' Hourly Wage Step Table Start 1 Year 2 Years Start 1 Year 2 Years (Step1) (Step 2) (Step 3) (Step 1) (Step 2) (Step 3) Current $ 39.55 $ 41.58 $ 43.71 Current $ 42.37 $ 44.54 $ 46.82 2022 $ 42.87 $ 45.07 $ 47.38 2022 $ 49.75 $ 52.30 $ 54.97 2023 $ 43.73 $ 45.97 $ 48.33 2023 $ 50.74 $ 53.34 $ 56.07 2024 $ 44.60 $ 46.89 $ 49.29 2024 $ 51.76 $ 54.41 $ 57.19 Step i now 5% above Deputies step 5 Step i now 5% above Det/Corp step 3 8 DEPUTY SHERIFF'S ASSOCIATION Vacation Accrual Rates Years of Monthly Annual Max Service Accrual Accrual Accrual 1-4 Years 12 Hours 144 Hours 320 Hours 5-9 Years 14 Hours 168 Hours 320 Hours 10-14 Years 17 Hours 204 Hours 320 Hours 15+ Years 20 Hours 240 Hours 320 Hours 9 COLLECTIVE BARGAINING AGREEMENTS FINANCIAL IMPACTTO SPOKANE VALLEY (AS ESTIMATED BY THE SHERIFF'S OFFICE) • 2022 = $524,28o; City Budget = $24,958,6o1; Impact absorbed into budget through salary savings due to vacancies. • 2o23 = $s,o46,136; Proposed City Budget = $26,918,661 includes impact • 2024 = $1,4191525; Will be incorporated into 2o24 budget COLLECTIVE BARGAINING AGREEMENT Between SPOKANE COUNTY, THE SPOKANE COUNTY SHERIFF'S OFFICE, 1.1 And SPOKANE COUNTY DEPUTY SHERIFF'S ASSOCIATION 1/1/2022 THROUGH 12/31/2024 1. TABLE OF CONTENTS PREAMBLE 3 ARTICLE 1 - PURPOSE AND INTENT 3 ARTICLE 2 - RECOGNITION 3 ARTICLE 3 -ASSOCIATION SECURITY 3 ARTICLE4 - ASSOCIATION/MANAGEMENT RELATIONS 4 ARTICLE 5 - HOURS OFWORK 5 ARTICLE 6 - HOLIDAYS 9 ARTICLE 7 - ANNUAL LEAVE 10 ARTICLE 8 - SICK LEAVE 13 ARTICLE 9 - LEAVES OF ABSENCE 14 ARTICLE 10 - WAGES/OVERTIME 16 ARTICLE 11 - SENIORITY 23 ARTICLE 12 - DISCIPLINE AND DISCHARGE 24 ARTICLE 13 - STRIKES AND LOCKOUTS 27 ARTICLE 14 - GENERAL PROVISIONS 27 ARTICLE 15 - MEDICAL, DENTAL, LIFE INSURANCE, LTD 30 ARTICLE 16 - SAVINGS CLAUSE 31 ARTICLE 17 - SUPPLEMENTAL AGREEMENT 32 ARTICLE 18 - TERMINATION 32 APPENDIX A 34 APPENDIX B 35 APPENDIX C 39 PREAMBLE THIS AGREEMENT, is made and entered into this 1st day of January, 2022, by and between the Spokane County Sheriffs Office, the Board of County Commissioners, hereinafter referred to as the "County", and Spokane County Deputy Sheriffs Association, hereinafter referred to as the "Association". ARTICLE 1 - PURPOSE AND INTENT 1,1 The general purpose of this Agreement is to set forth terms and conditions of employment and provide for a system to promote orderly labor relations for the mutual interest of the County, the employees and the Association. 1.2 The parties recognize that the interest of the community and the job security of the employee depend upon the County's success in establishing a proper service to this community. 1.3 To these ends the County and the Association encourage to the fullest degree friendly and cooperative relations between the respective representatives at all levels and among all employees. ARTICLE 2 - RECOGNITION The County recognizes the Association as the exclusive bargaining agent for all fully commissioned law enforcement officers of the Spokane County Sheriffs Office up through the rank of Sergeant excluding supervisors, confidential employees, and all other employees of the employer, for the purpose of collective bargaining in respect to wages, hours and other conditions of employment. ARTICLE 3 - ASSOCIATION SECURITY 3.1 Association Dues and Fees When an employee provides written authorization to the Employer and to the Association, the County will deduct from the employee's salary an amount equal to dues required to be represented by the Association. 32 Notification When the County hires a new employee recognized as a position covered in the bargaining unit, the employer shall, within seven (7) calendar days of the date of employment notify the union in writing giving the name, social security number, hire date, address and classification of the employee hired. As per statute, Association representatives shall be given thirty minutes paid time with each new employee to discuss Association membership. The County shall remain neutral when communicating with employees about Association membership and direct the employee to discuss membership with an Association representative and/or contact the Washington State Public Employment Commission. 3 3.3 Deduction The Employer agrees to deduct any Association membership initiation fee, and once each month, dues from the pay of those employees who individually authorize in writing that such deductions be made. The amounts to be deducted shall be certified to the County Auditor by the Treasurer of the Association, and the aggregate deductions of all employees shall be remitted, together with an itemized statement to the Treasurer of the Association after such deductions have been made 3.4 Dues Cancellation An employee may withdraw his/her authorization for payroll deduction of dues by written notice to the County on the appropriate cancellation forms. The County will provide the Association with a copy of the employee's written form and the cancellation will become effective immediately. The Association will refund dues already taken prorated to the day. ARTICLE 4 - ASSOCIATION/MANAGEMENT RELATIONS 41 Except as modified by this Agreement, the Employer retains all rights of management, which, in addition to all powers, duties and rights established by constitutional provision or statute, will include but not be limited to, the right to: A. Determine the Employer's functions, programs, organizational structure and use of technology. B. Determine the Employer's budget and size of the agency's workforce and the financial basis for layoffs; C. Direct and supervise employees; D. Take all necessary actions to carry out the mission of the County and its agencies during emergencies; E. Determine the Employer's mission and strategic plans; F. Develop, enforce, modify or terminate any policy, procedure, manual or work method associated with the operations of the Employer; G. Determine or consolidate the location of operations, offices, work sites, including permanently or temporarily moving operations in whole or part to other locations; H. Establish or modify the workweek, daily work shift, hours of work and days off; Establish work performance standards, which include, but are not limited to, the priority, quality and quantity of work; J. Establish, allocate, reallocate or abolish positions, and determine the skills and abilities necessary to perform the duties of such positions; 4 K. Select, hire, assign, reassign, evaluate, retain, promote, demote, transfer, and temporarily or permanently lay off employees; L. Determine, prioritize and assign work to be performed; M. Determine the need for and the method of scheduling, assigning, authorizing and approving overtime; N. Determine training needs, methods of training and employees to be trained; O. Determine the reasons for and methods by which employees will be laid-off; P. Suspend, demote, reduce pay, discharge, and/or take other disciplinary actions; and Q. Nothing in this section waves the DSA's right to negotiate over the decision and/or the effects of the decisions to change any mandatory subject of bargaining. 42 All collective bargaining with respect to wages, hours and general working conditions shall be conducted by authorized representatives of the Association and authorized representatives of the Employers. 43 Agreements reached between the parties to this Agreement shall become effective only when signed by designated representatives of the Association and the Employers. 44 It is mutually agreed that a committee from the Association and a committee from management conduct regular labor/management meetings for the purpose of resolving problems and addressing matters of safety that may arise and to promote the general climate of labor/management relations. Meetings shall be conducted quarterly, but they may be scheduled more often by mutual agreement. 45 The two committees shall be comprised of three members from the Association and three members representing management. Additional persons may be invited to participate by mutual agreement. Meeting agendas will be prepared in each case, and submitted in advance of each meeting. Nothing in this Article shall be construed as conferring on either party the right to reopen this agreement, or any part thereof, for renegotiation. ARTICLE 5 HOURS OF WORK 51 The regular hours of work each day shall be consecutive except for interruptions for lunch period. 52 The normal work week shall consist of five (5) days of eight (8) hours of work and two (2) days of rest;four (4)days of ten (10) hours of work and three (3) days of rest or 3 days of twelve (12) hours of work and at least two (2) days of rest but no more than three (3) days of rest as determined by the Sheriff. Either the days of work or the days of rest shall be consecutive. The parties will negotiate the impacts of the change in work schedule prior to 5 L-: the change being implemented. j 5.3 Eight (8) consecutive hours of work, except for interruptions for a thirty (30) minute minimum paid lunch period; ten (10) consecutive hours of work, except for interruptions for a forty-five (45) minute minimum paid lunch period, or twelve (12) consecutive hours of work, except for interruptions for a sixty (60) minute minimum paid lunch period shall constitute a work day. All employees shall be scheduled to work on a regular work shift which shall be determined from time to time by agreement of the parties. Each shift shall have regular starting and quitting times, except in emergencies. 54 Normal work schedules showing the employee's shifts, workdays and hours shall be posted where needed two (2) weeks prior to shift change. Shift changes following a regular sequence of rotation need not be posted. 9 q 55 Employees on an 8-hour work schedule shall be allowed a ten (10) minute minimum rest period during each one-half (1/2) shift. Employees on a 10-hour work schedule shall be allowed a fifteen (15) minute minimum rest period during each one-half (1/2) shift. Employees on a 12-hour work schedule shall be allowed a twenty (20) minute minimum rest period during each one-half(112) shift. 5.6 During lunch and coffee breaks, the employee shall be available in cases of emergency. This shall apply to all shifts. 5.7 Nothing herein shall prevent the parties from agreeing to any alternative work schedules. 5.8 Markup changes within the Patrol Division shall occur at the beginning of graveyard shift on the morning of March 1 and September 1. The selection of the work shifts will be made by the seniority bid process. Those with the highest seniority will bid first among their job classification within the Patrol Division. Seniority will be based on hire date to, or promotion date of, your job classification. Positions include Deputy Sheriff, Detective/Corporal or Sergeant. For purposes of seniority, Officer Candidates are considered part of the Deputy Sheriff Classification. This bidding procedure does not affect appointed or selected positions. Probationers may be assigned shifts. 5.9 Employees coming to patrol between March 1st and June 30th or September 1st and December 31st will be able to bid their shift by the seniority bidding process outlined in Section 5.8 above; even if this results in an employee with less seniority being bumped to a different shift. Employees coming to patrol between July 1st and August 31st or January 1st and the last day of February will not be allowed to bid their shift and will be assigned to whichever shift has the vacancy. 5.10 If, at shift change, an employee is scheduled to work five (5) or more days in a row; four days for those on 10-hour shifts, or three days for those on 12 hour shifts the following formula will be used: 5.10.1 The 5/2 employee can be scheduled to work four (4) or less days, followed by one day off, and then to their new shift/rotation, or 6 5.102 The 5/2 employee can be scheduled to work five days, followed by two days off,and then to their new shift/rotation. 5.103 The 4/3 employee can be scheduled to work three (3) or less days, followed by one day off, and then to their new shift/rotation, or 5.10.4 The 4/3 employee can be scheduled to work four (4) days, followed by three days off, and then to their new shift/rotation. 510.5 The 12-hour shift employee may be scheduled to work for two (2) or less days, followed by one day off, and then to their new shift/rotation or 510.6 The 12-hour shift employee may be scheduled to work for three (3) days, followed by at least two (2) days of rest but no more than three (3) days of rest, and then to their new shift/rotation. 511 In order to facilitate days off at the mark-up change, employees' days off may be changed by up to 3 days prior and/or 3 days subsequent to the effective date of the mark up. 512 Detective Work Schedule 5121 Detective Division Workweek Detectives may work either five 8-hour shifts or four 10-hour shifts. The starting time shall not occur prior to 0600 hours or later than 1000 hours. The ending time of the shifts will not occur after 1800. Due to staffing requirements, detectives who are not able to select Friday or Monday as their third day off on a 10-hour schedule will be allowed to select either Tuesday, Wednesday or Thursday as their third day off. Management retains the ability to limit the number of people working any specific work hours. 5.122 Detective Division Work Schedule The primary days off will remain Saturday and Sunday. Those detectives working the four 10-hour shifts may select their third day off from the remaining days of the week depending on the unit requirements and restrictions.The bidding process for days off will occur twice a year on the first day of March and the first day of September. A detailed schedule listing each detective's days off will be posted and a copy maintained with the division commander. 5.123 Specific Detective Division Requirements Minimum staffing by specific units will be used. Deviation from recommended minimum staffing requires Lieutenant or above approval. 1. Unit Requirements Major Crimes Unit-Minimum staffing is recommended to be three detectives. Sex Crimes Unit - Minimum staffing is recommended to be three detectives. 7 is Property Crimes- Valley City - Minimum staffing is recommended to be two detectives Unincorporated- Minimum staffing is recommended to be two detectives. The Spokane County Sheriffs Office and the Spokane County Deputy Sheriffs Association recognize the expectation of the citizens of Spokane County that serious crimes be investigated promptly and thoroughly. The parties recognize the investigation of these crimes may require the specialized skill of members in the Investigative Division, and these crimes frequently occur outside of the normal assigned work hours of the Investigative Division, Because of the expectations of the public and the need for their specialized skills, members assigned to the Investigative Division agree to be reasonably available to receive calls outside of their regularly assigned work hours and be reasonably available to respond to crime scenes after-hours. Members of the Sheriffs Office who hold the rank of Detective/Corporal also agree to participate in the On-Call rotation of the unit or work group to which they are assigned. The On-Call rotation will be developed by the Shift Commander of the respective units and published by January 1st of every year. Members are expected to fulfill a minimum of two assigned On-Call rotations every calendar year. Members "on-call status" means those members receiving on call pay. This dutystarts Fridayat 1800 hours and ends the followingMond ay at 0600 hours and includes those with Fridays and/or Mondaysoff. the call-out location within one hour of being notified. While on-call, members will not drink alcoholic beverages and will havetheir a er and cellphone whenever theyare gp9 away from their residence. The "on-call" members are responsible to be available for the weekend. There is no reason the "on-call" members cannot have someone else work for them. The only guidelines are that the fill-in member will be from the members "on-call" list, and the original"on-call"member will make all fill-in arrangements and advise their supervisor at least one working day prior (Thursday @ 1800 hours) to the "on-call" weekend. 5.124 General Provisions for Detective Work Schedule To better serve the needs of the community, the Spokane County Sheriffs Office, and the Spokane County Deputy Sheriffs Association acknowledge this agreement is subject to renegotiation on the last day of May and the last day of November each year. Seniority will be used to meet division and unit requirements. Seniority is based on the length of time within rank (i.e. Detective/Corporal). 5.13 Training Days All employees will be required to attend four (4) in-service, training days per year. 8 Employees will be paid for all hours spent in in-service training. ARTICLE 6 - HOLIDAYS 6.1 Allowance The following days shall be recognized and observed as paid holidays: New Year's Day Labor Day Memorial Day Thanksgiving Day Fourth of July Christmas Day 62 In addition to the above paid holidays full-time employees on the payroll December 31st of the previous year shall be entitled to seven (7) paid personal holidays per calendar year. Each employee shall select the days on which the employee desires to take the personal holidays subject to the approval of the employee's supervisor. 63 In the event an employee who is entitled to seven (7) paid personal holidays under this paragraph terminates his/her employment, personal holidays shall be calculated asfollows: 631 Employees terminating between January I and March 31st shall be entitled to two (2) personal holidays, 622 Employees terminating between April 1 and June 30 shall be entitled to four (4) personal holidays, 633 Employees terminating between July 1 and September 30 shall be entitled to six (6) personal holidays 634 Employees terminating on or after October I shall be entitled to seven (7) personal holidays. 64 Employees who have used more than the personal holidays specified in this paragraph at the time of termination shall have the excess days deducted from their final pay. 6.5 New employees hired during a calendar year shall earn: 65.1 two(2) personal holidays if on the payroll between the 1st and 15th of January 652 two(2) personal holidays if on the payroll between the 1st and 15th of April; 653 two(2)personal holidays if on the payroll between the 1st and 15th of July; 654 and one (1) personal holiday if on the payroll between the 1st and 15th of October. 6.6 Personal Holiday--allowance shall be based on a day for day basis. A personal holiday shall consist of the number of hours the employee is regularly scheduled to work at the time the personal holiday is taken. 6.7 Eligible employees shall receive one (1) day's pay for each of the holidays listed in Section 6.1 above for which they perform no work, provided the employee is not on an authorized leave of absence without pay or on sick leave. 68 For non-shift employees, holidays falling on a Saturday shall be observed on the preceding Friday and holidays falling on a Sunday shall be observed on the following Monday. For shift employees, holidays shall be observed on the day on which they occur. 9 6.9 If an employee works on any of the holidays listed above, he shall be paid the following premium rate in addition to his holiday pay: 69.1 For regular shift hours- 1 1/2 times for all hours worked. 692 For all hours worked in excess of regular shift hours- double time for all hours worked. 6.10 If the designated holiday falls on an employee's regular day off,he/she will receive eight(8)hours pay in addition to his regular pay. 6.11 Personal holidays must be used in the calendar year in which they were earned and cannot be carried over into the next year. Personal holidays which have not been taken shall not be paid off. is 6.12 Employees may elect to be compensated for up to eighty (80) hours of unused Personal holidays, accumulated annual leave, or a combination thereof each year. Such election shall be in full day increments and shall be made anytime through October 31 st of each year. Sell back requests received between the 18th of the month and the 2nd of the following month will be paid on the paycheck received on/about the 15th of the month; requests received between the 3rd and the 17th of the month will be received on the month-end paycheck. Compensation shall be computed at the rate of pay effective at the time of payment. 613 Any other day so designated as a one (1) time holiday by the Governor of the State of Washington or the President of the United States shall be recognized and observed as a one (1)time event. Should an additional perpetual holiday be declared, the parties agree to meet and negotiate the impact of the holiday on the bargaining unit. 6.14 Eligibility Requirements Employees shall be eligible for holiday pay under the following conditions: The employee would have been scheduled to work on such day if it had not been observed as a holiday unless the employee is on layoff or sick leave. 6.15 Holiday Pay 6.15.1 Eligible employees who perform no work on a holiday shall be paid for eight (8) hours at their current hourly rate of pay unless their regular workday is more or less than eight (8) hours. 6152 Eligible employees whose regular work day differs from the standard eight (8) hour day shall be paid their current hourly rate of pay times the number of hours in their regular work day. ARTICLE 7 - ANNUAL LEAVE 7.1 Eligibility Employees shall start to earn annual leave allowance as of the first of the month nearest their date of hire. Employees hired on or before the 15th of the month shall receive credit for the full month. Employees hired after the 15th of the month shall not receive credit for that month. Employees shall not be eligible to take paid vacation until they have accrued six (6) days of vacation. Employees separating from service on or before the 15th of the month will not receive any credit for that month. Employees separating after 10 the 15th of the month will receive credit for the full month. 72 Allowance Effective January 1, 2022, annual leave allowance shall be earned annually based on the following schedule: Monthly Accrual Annual Accruals Max 1-4 years 12 hours 144 320 5-9 years 14 hours 168 320 10-14 years 17 hours 204 320 15+ years 20 hours 240 320 7.3 Annual Leave Pay The rate of annual leave pay shall be the employee's regular straight time of pay in effect for the employee's regular job. 7,4 Choice of Annual Leave Pay 7:41 Annual leave shall be granted at the time requested by the employee. If the nature of the work makes it necessary to limit the number of employees on vacation at the same time, the employee with the greater seniority shall be given his choice of annual leave period in the event of any conflict over annual leave period. 7A2 Annual leave may be accumulated to a total of three hundred twenty (320) hours. Any annual leave accumulated beyond this limit will be forfeited unless the employee is asked in writing to defer his vacation because of work schedules, in which case the annual leave shall not be forfeited. Nor may an employee be paid additional compensation for earned vacation time not taken, except at the time of severance from County employment as hereinafter provided. (See Appendix C for additional application direction.) **Any DSA member who has more than 320hrs, at the time of the new accrual scale being implemented,will have up to one(1)year to either cash out that time or use it.Any member who has more than 320hrs as of December 31, 2022 will be cashed out that accrued time within two pay periods following December 31, 2022. 7.5 Holiday During Vacation Period If a holiday occurs during the calendar week in which a vacation is taken by an employee, that day shall be charged to holiday pay rather than annual leave. 7.6 Work During Vacation Period 7.61 Any employee who is requested to and does work during his vacation period shall be paid for regular hours at a rate of time and one-half(11/2)his/her regular rate. In addition, the employee will not lose his/her vacation time for those hours worked. 11 This also applies to call back for court. 7£2 Employees who are required to return from vacation travel or must cancel prepaid non-refundable travel reservations due to departmental demand will be refunded reasonable expenses for travel or such prepaid reservations. Such expenses for employees' immediate family dependents may be given consideration for reimbursement. Where control or cause of the cancellation or return is outside the Sheriff Department, reasonable expenses may be refunded. 7.7 Vacation Rights in Case of Layoff orSeparation 7.7.1 Any employee who is laid off,discharged, retired or separated from the service of the employer for any reason prior to taking his vacation, shall be compensated, less any required deductions and taxes, for the unused vacation he has accumulated at the time of separation. 7.72 Employees who have accrued annual leave while on paid administrative leave for disciplinary purposes will lose those privileges accrued duringsuch p ry p p p g administrative leave if the employee is discharged. i'. 7.73 Refer to Appendix "C"for additional payoff procedure and amounts. 7.8 Bidding Procedure 7.81 Commencing December 1 of each calendar year, vacation bids will be open for the following calendar year. Vacation bids will open with the senior employee in each division. He/she and succeeding employees, by seniority, will be allotted a maximum of two (2) working days each after notification, to complete his/her bidding. Patrol Platoons will commence their vacation bidding February 15th of each calendar year and will bid for the period of March 1 through the end of February of the following year. Vacation bids will open with the senior employee in each platoon. He/she and succeeding employees, by seniority,will be allotted a maximum of two (2)working days each after notification, to complete his/her bidding. 782 In the Patrol Division, bidding will be by shift seniority as opposed to Division seniority. 7.8.3 Each employee shall be allowed to take at least two (2) weeks of accrued vacation time in two (2) consecutive weeks. 784 Only two weeks maximum can be bid for the time period of June 1st through September 15th on the first bid procedure. After divisional bidding has been completed then any additional time during June 1 through September 15 can be allowed. 7.85 Any military leave which would require exception to this limit may be granted upon receipt of a letter written by the individuals military reserve company commander. Exceptions approved may be mandatory group reserve movements, military required training that is not offered during any other period, or other reason that may be approved by Sheriff Department Division Commanders. 7.9 Vacation time can be taken at any time depending on the service requirements of the Department. The first two (2) weeks shall be granted according to seniority within 12 divisions. Any two-week period bid and approved during the divisional bidding procedure, cannot be canceled solely due to military leave granted to another employee. 7.10 One (1) deputy may be allowed to take time off (Annual, Floating Holiday, Compensatory Time) during in-service or other Spokane County Sheriff's Office mandated training below the minimum staffing levels, but not if there are already deputies off on bid vacation. The deputy is responsible to give notice to the shift commander of desired time off. 7.11 It is agreed that even though an employee's rotation date may not fall on the first of September of the first of March, it is advantageous to the employees involved and to the Spokane County Sheriff's Office that rotation dates be either extended or shortened to accommodate the patrol markup changes which are the first of March and the first of September. ARTICLE 8 - SICK LEAVE 81 Eligibility and Accumulation Employees shall start to earn sick leave at the rate of twelve(12) hours per month. 8.1.1 Sick leave may roll over at the end of the year to a total of one thousand forty (1040) hours. An additional four hundred (400) hours of sick leave may be accumulated and held in reserve for use. No part of the additional four hundred (400) reserve sick leave shall be paid off upon termination under the provisions of Section 8.3 of this Article. **Any DSA member who has more than 1440hrs will have up to one (1) year to use it. Any member who has more than 1440hrs as of December 31, 2022 will be cashed out at 50% of that accrued time within two pay periods following December 31, 2022. 82 Allowance 821 Any employee contracting or incurring any sickness or disability which renders such employee unable to perform the duties of his employment shall receive sick leave pay up to the amount they have accumulated. Ft27 In the event of injury, illness or death of a member of the immediate family requiring the presence of the employee, (immediate family shall consist of spouse, parent, children, brother, sister, grandparent,father-in-law, mother-in-law, grandchildren, or more distant relative if living as a member of the employee's immediate household), the employee shall also be granted up to five (5) days sick leave with pay. Requests for immediate leave (for family sickness or death) should be answered before the end of the shift on which the request is submitted. Sick leave for care of dependent children pursuant to the Family Leave Act shall not be limited to five (5) days. 13 8.3 Unused la Employees shall be compensated in cash for 50%of all accumulated unused sick leave, minus the four hundred (400) hours in reserve, upon retirement, death, or separation after 20 years of continuous service with the Sheriff's Department. In the event of death, payment is to be made to the estate of the employee. In the event of payment for separation after 20 years of continuous service, no payment will be made if the separation is as a result of a disciplinary procedure. Compensation under this section shall not exceed the equivalent of five hundred twenty (520) hours. 8A Sick Leave Use When Deputy Suffers an Industrial Injury When a member of SCDSA files a claim with the Department of Labor and Industries (RCW Title 51),which is accepted as a legitimate industrial injury and member is requiredto utilize their personal sick leave bank to cover the first three days of absence from work as a result of said industrial injury, if necessary County will reimburse the member for up to three days of sick leave for these first three days of absence resulting from the industrial injury. Refer to Appendix "C"for additional payoff procedure and amounts. ARTICLE 9 - LEAVES OF ABSENCE 9.1 Eligibility Requirements Employees may be eligible for leaves of absence after six(6)months'service with the employer. 92 Application for Leave Any request for a leave of absence shall be submitted in writing by the employee to his immediate supervisor.The request shall state the reason the leave of absence is being requested and the approximate length of time off the employee desires. Any request for a leave of absence shall be answered promptly and in writing. 9.3 Types of Leaves 9.3.1 Civic Duty 9.311 Any necessary leave shall be allowed by the Sheriff to permit an employee to serve as a member of a jury, or to take examinations for County positions, or to exercise his/her other obligatory civil duties. Employees called for jury duty who are not selected for a jury shall return to work when released by the court. Each employee who is granted such leave, and who, for the performance of the civic duties involved, receives any compensation, shall be paid by the County for the time he/she is absent from duty upon turning in to the County the compensation received for such civic duties. Should an employee be called for jury duty, the County may request the court to excuse him/her. 9312 Any necessary leave may be allowed by the head of a department to permit an employee to exercise his/her voluntary civic duties. Such leave shall be without pay. 14 i3 9.3.2 Parental Parental leave will be granted in compliance with the Federal and State laws. 9.3.3 Other Leaves Any other leaves may be granted by mutual consent of the employer and the employee. 9.3.4 Military Service Every employee of the Sheriffs Department who is a member of the I, Washington National Guard or of the armed services reserve of the United States shall be entitled to and shall be granted military leave of absence from such employment for a period not exceeding fifteen (15) working days during each calendar year. Such leave shall be granted in order that the persons may take part in active training duty in such a manner and at such a time as he may be ordered to active training duty. Such military leave of absence shall be in addition to any vacation or sick leave to which the employee might otherwise be entitled and shall not involve any loss of rating privileges or pay. During the period of military leave not to exceed fifteen (15) working days per year, the employee shall receive from the County his regular rate of pay for his permanent classification. 9.4 Unpaid leave of Absence- Impact on Benefits 9.4.1 Employees on an unpaid leave of absence must be in a pay status for more than one half(1/2) of their scheduled workdays during the month to eam credit for paid leave time; benefits based on length of service or group insurance coverage. Employees on an unpaid leave of absence will be allowed to continue their insurance benefits up to six(6) months by personally paying all premiums in accordance with procedures established by the County Auditor. 9.4.2 The provisions of the paragraph above shall not apply to employees on an unpaid leave of absence due to a compensable industrial accident. 9.5 Federal Family Medical Leave Employees who take leave time under the provisions of the Federal Family Medical Leave Act of 1993 shall be required to use all available annual leave and sick leave prior to taking any unpaid leave. Provided further, that the employee may elect to preserve up to 22 days of accumulated sick leave from the requirements of this section. 9.6 Association Leave Time 9.6.1 Upon the approval of the Sheriff, one Association official and such Association legislative officials as agreed upon by the Association and Sheriff, said officials shall be allowed the required time without loss of pay to attend official Association conferences, Associations legislative conventions and state or national conferences, not to exceed five (5) days, for each conference or convention. 15 i 9.6.2 This policy shall not create overtime costs to the Spokane County Sheriffs Office. 9.7 Bereavement Leave 9.7.1 In the event a member suffers a death of his/her immediate family as defined below, the member is entitled to up to three (3) working days off with pay, not chargeable to their sick leave balance. Bereavement leave in the case of a spouse or a child is allowed up to ten (10) working days. 9.7.2 Immediate family shall be defined as follows: spouse, state-registered domestic partner, parent, step-parent, child (biological, adopted, step or foster) regardless of age or dependency status, sibling, grandparent, grandchild, father-in-law, mother-in-law, brother-in-law, sister-in-law, daughter-in-law, son-in-law or a more distant relative if living as a member of the employee's immediate family. 9.7.3 Two additional working days may be authorized if travel time is needed for out-of-town family members. To be considered out-of-town, the employee must travel more than one hundred and twenty-five miles outside of Spokane County. 9.7.4 Bereavement leave can be utilized over a six (6) month period after the death. If the employee requires additional bereavement time, they may request additional time off chargeable to compensatory time, annual leave or PTO. ARTICLE 10 - WAGES/OVERTIME For purposes of this agreement, the following definitions shall apply: • Base Wage or Rate — The initial hourly rate of compensation an employee receives during a workweek. • Regular Wage or Rate—The hourly rate an employee is paid for hours worked during an FLSA workweek including all compensation in accordance with 29 CFR 778.109 (base rate plus premiums). Unless specifically noted in the contract, all compensation of employees shall be at the regular hourly rate. 10.1 Wage Schedule Employees shall be compensated in accordance with the wage schedule attached to this Agreement and marked Appendix A. The attached wage schedule shall be considered a part of this Agreement. 10.2 New Positions When any position not listed on the wage schedule is established, the County shall bargain the pay rate and classification. In such event, the County may assign a provisional pay rate to the employee which shall have no weight in subsequent 16 negotiations or impasse procedures. 10.3 Work Out of Classification When an employee performs substantially the full duties of a classification above that in which the employee is normally classified for a minimum of two (2) hours, the employee shall be paid for such work at the rate assigned to the higher classified work in the appropriate step except for undercover situations. 10.4 Pay Period The salaries and wages of employees shall be paid in accordance with the County's payroll schedule. If a lag pay system is implemented during the term of this agreement, the County agrees to meet and discuss the impacts of the decision. (See Appendix C) 10.5 Reporting Time Any employee who is scheduled to report for work on his regularly scheduled shift and who presents himself for work but where work is not available or made available for him may be excused from duty and paid at his regular rate times the number of hours he is regularly scheduled to work. 10.6 Court Time 10.6.1 For purposes of this agreement, neither party recognizes Court Time as a shift and therefore it is exempt from the eight-hour rest requirement contained in 10.8.7. If minimum staffing can be met, employees will be allowed to use accrued leaves to rest prior to appearing in court. 10.62 Any employee who is required to appear and/or testify in court on his own time or time other than his regular duty hours shall be paid at a rate of time and one- half his regular hourly wage while in or awaiting court with a minimum of three (3) hours show-up pay. Nothing in this Section is construed to mean time spent in personal suits, either civil or criminal, not a result of circumstances which occurred in the line of duty with the Spokane County Sheriffs Office nor for court action for which he is otherwise compensated. Court time will be considered separate from overtime pay. 10.6.3 Employees required to appear in court, or otherwise provided testimony, which interferes with the ability to receive adequate rest prior to their next shift will contact a supervisor as soon as possible. The employee will be allowed to adjust their shift start time to rest and the time will be deducted from any available leave balance to include the earned time for their appearance in court. Regardless of staffing levels, employees will not be returned to duty without adequate rest, to be determined by the employee, with a maximum of 8 hours rest allowed. 10.7 Standby Any employee who is required to standby at home on off-duty time for any reason shall 17 be paid at time and one-half his/her regular rate of pay. 10.8 Overtime Time and one-half (1 1/2) the employee's regular rate of pay shall be paid for work under any of the following conditions, but, compensation shall not be paid twice for the same hours. 10.8.1 All work performed in excess of eight (8) hours (10 hours if on a 4 day, 10 hour shift or 12 hours if on a 3 day, 12 hour shift) in any work day. 10.8.2 All work performed in excess of forty (40) hours in any work week. 10.8.3 Scheduled overtime - Scheduled overtime shall be: 10.8.31 Any work in excess of the regular schedule where the employee is notified of the work with a minimum of 48 hours advanced notice; or 10.83.2 Any work in excess of the original schedule which the employee has volunteered to work. 10.833 Effected employees will be paid a minimum of one (1) hour at time and one half the employees regular straight time rate. 10.8.4 Unscheduled overtime - Unscheduled overtime shall be any work in excess of the regular schedule where the employee is notified of the work with less than 48 hours advanced notice and the time is adjoining with the employee's regular shift, including any scheduled overtime. 10.8.5 All work performed on any of the paid holidays set forth in Article V. 10.8.6 Except in an emergency or when necessary to investigate or resolve an ongoing operation, no employee will be required or otherwise allowed to work in excess of fourteen (14) consecutive hours. 10.8.7 Except in an emergency, when declared at the Sheriffs discretion or when necessary to investigate or resolve an ongoing operation, or upon mutual consent of the employer and employee, no employee will be required to report for work without at least eight(8)hours rest between shifts. 10.8.8 Patrol Corporals will be allowed to work patrol overtime only in the event that no members of the rank of deputy volunteer or sign up for the overtime within a reasonable amount of time before the work is to be performed. Overtime pay will be based on the corporal's rate of pay. This agreement does not authorize detectives or sergeants to work any scheduled or unscheduled patrol overtime. 10.9 Compensatory Time When the employee and employer agree, overtime may be compensated with compensatory time off at the rate of time and one- half the regular rate of pay. Accrual of compensatory time off shall not exceed eighty (80) hours. Compensatory time off 18 must be used within one hundred and eighty (180) days from the time it was earned. 10.9.1 Once compensatory time is selected it shall not be converted to pay except as follows: r 1) Employees may request compensation for up to 40 hours of accrued compensatory time twice each calendar year.Only one compensatory sell back request may be made anytime during the five-month period between January 1st and May 31st; only one compensatory sell back request may be made anytime during the five- month period between June 1st and October 31 st. Compensatory time requests submitted between the 1st and 15th of any month (and received no later than the 17th of that month by the employee who reports the hours to the Sheriffs Administration)will be paid on the month-end paycheck;request submitted between the 16th and the end of any month (and received no later than the 2nd and the following month by the employee who reports the hours to the Sheriffs Administration)will be paid on the middle of the month paycheck. Requests will be accepted only for the following pay period. Compensation shall be computed at the rate of pay in effect at the time the sellback is requested. 2) Payment of any accrued compensatory time, up to eighty(80)hours,will occur when the employee separates employment. 3) In the event that compensatory time off is not taken within one hundred eighty(180)days of the time in which it was earned it shall be paid at the overtime rate. 10.10 Overtime Distribution Overtime work opportunities shall be distributed as equally as reasonably possible bqualified employees working within the same job classifications. The distribution of overtime shall be equalized as nearly as possible over sixmonthperiods beginning with the first calendar month (6) 9 9 following the signing of this Agreement. Overtime records shall be available for inspection upon reasonable notice. Overtime requests will be filled out in duplicate by the employee,one copy of which will be returned to the employee upon approval or disapproval by the shiftsupervisor. 10.11 Call Back Call back shall be: 10.11.1 Work that is not adjoining the employee's regular shift, including any scheduled or unscheduled overtime;and 10.112 Work that is not volunteered for;and 10.113 Work that the employee is not given a minimum of 48 hours advanced notice. 10.114 Call back work shall be paid at a minimum of four (4) hours at straight time or the rate of time and one-half his regular rate for all hours worked, whichever is greater. Not withstanding the above, Bomb Squad employees shall be paid a minimum of four (4) hours at time and one-half their regular rate of pay for a call back. 10.12 On Call Detectives, Detective Sergeants and On Call Traffic Unit Members"on-call status" means those members receiving on call pay. This duty starts Friday at 1800 hours and ends the following Monday at 0600 hours and includes those 19 with Fridays and/or Mondays off. Members are expected to arrive at the call-out location within one hour of being notified. While on-call, members will not drink alcoholic beverages and will have their pager and cell phone whenever they are away from their residence. The "on-call" members are responsible to be available for the weekend. There is no reason the "on-call" members cannot have someone else work for them. The only guidelines are that the fill-in member will be from the members "on-call" list, and the original "on-call" member will make all fill-in arrangements and advise their supervisor at least one working day prior (Thursday @ 1600 hours) to the "on-call" weekend. On call Detectives, Detective Sergeants and On Call Traffic Unit shall be paid as follows: 10.121 1.5 hours of pay at the regular rate of pay for each eight(8) hours that the employee is required to remain on call. 10.122 2.5 hours of pay at the regular rate of pay for each eight (8) hours that employee is required to remain on call during any holiday. 10123 If unscheduled call-out occurs during any eight (8) hour period that the employee is required to remain on-call,the unscheduled overtime provisions of Article 10.8.4 shall apply in addition to the on-call pay for that period of time. 10.13 Specialty Pay Members who leave or are reassigned from any specialty pay will cease to receive the added pay. Members may receive more than one specialty pay with the approval of the Sheriff. I' 10.131 Bomb Squad members who are deemed qualified shall receive six percent (6%) above Step #5 on the Deputies wage scale each month they qualify for Bomb Squad assignment, in addition to their regular pay. This added pay will cease if the member is reassigned from this unit. 1Q132 SWAT members,including hostage negotiators,shall receive three percent(3%)above Step#5 on the Deputies wage scale each month they qualify for SWAT assignment, in addition to their regular pay. This added pay will cease if the member is reassigned from this unit 10133 K-9 Dog Handlers shall receive 4.5% above Step #5 on the Deputies wage i. scale each month they are caring, grooming, feeding, exercising, and �. performing other related maintenance requirements of the dog assigned to them.This 4.5% represents eight hours of the dog handlers' regular rate of pay. The K-9 handlers regular rate of pay is inclusive of the current 3% per month received by each K-9 handler for working/training their dog. In the event that extraordinary care (i.e. veterinarian attention or other non-routine or non- recurring attention) requires additional time to be spent on the dog outside the normal range and time or duties, the officer must submit a time slip recording the extraordinary care. This time slip will be in the format as directed by the Sheriffs Office. Pay for this extraordinary care will be determined by reviewing the employee; workday, work week, and the appropriate hourly rate for the individual officer. This added pay will cease if the member is reassigned from 20 this unit. 1Q134 Investigative Division Sergeants and Deputies assigned to the Investigative Division shall receive three percent (3%) above Step #5 on the Deputies wage scale, in addition to their regular pay, for each month they are assigned to the Investigative Division. This added pay will cease if the member is reassigned from this Division. 10.135 Investigative Task Force To provide consistent pay amongst employees in Job Code 4029DS, Detective Corporal, effective January 1, 2019, Detective Corporals will no longer receive SP4 pay for the Investigative Task Force assignment (ITF). Instead, the salary range for Job Code 4029DS will be adjusted upwards from Grade 6TP to 6MK which reflects three percent (3%) above Step #5 on the Deputies wage scale. This added pay will cease if the member is reassigned from this task force. 10136 Qualified Marine Enforcement Deputies shall receive three percent (3%) above Step #5 on the Deputies wage scale, in addition to their regular pay, for each month they are assigned to the Marine Enforcement unit. This added pay will cease if the member is reassigned from this unit. 10137 Qualified Field Training Officers, Field Training Corporals and the Sergeant supervising the Field Training unit shall receive five (5) percent above Step #5 on the Deputies wage scale, in addition to their regular pay, for each month they are assigned to the Field Training unit. This added pay will cease if the member is reassigned from this unit. 10.138 Qualified Firearms/Armorer Instructor's shall receive three percent (3%) of above Step #5 on the Deputies wage scale each month, in addition to their regular pay, for each month they are assigned as a Qualified Firearms/Armorer Instructor. This added pay will cease if the member is reassigned from this unit. 10.139 Tactical Flight Officer shall receive six (6) percent above Step #5 on the Deputies wage scale each month, in addition to their regular pay, for each month they are assigned as a Tactical Flight Officer. This added pay will cease if the member is reassigned from this unit. 101310 Investigative SlIR Members — Qualified members who are assigned to the Spokane Independent Investigative Response Team (STIR), shall receive three percent (3%) above Step #5 on the Deputies wage scale each month they are assigned to the unit, in addition to their regular pay. 101311 Traffic - Qualified members shall receive three percent (3%) above Step #5 on the Deputies wage scale each month they qualify for traffic assignment, in addition to their regular pay. 1Q1312 Dive Team — Sergeants, Detective/Corporal/Deputies assigned to the County Dive team shall receive three percent (3%) above Step #5 on the Deputies wage scale each month, in addition to their regular pay, for each month they are assigned as to the Dive Team. 21 101313 Qualifications for specialty pay shall be determined in Labor/Management meetings. 10.14 Longevity/Educational Incentives 10141 In addition to the wages specified in Appendix A, employees are eligible to receive either longevity pay or educational incentive pay as described below. Employees eligible for both longevity and educational incentive pay shall receive the higher of the two incentive pays but not both. 10.142 Longevity Pay In addition to their regular pay based on their salary range and step placement employees shall receive: 10.1421 2% per month upon completion of 4 years of continuous full-time County service. 10.1422 3.5% per month upon completion of 8 years of continuous full-time County service. 111423 5.5% per month upon completion of 12 years of continuous full- time County service. 10.1424 7.0% per month upon completion of 16 years of continuous full- time County service. 1011425 9.0% per month upon completion of 20 years of continuous full- time County service. 111426 11.0% per month upon completion of 24 years of continuous full- time County service. 10143 Educational Incentive In addition to their regular rate of pay based on their salary range and step placement employees shall receive one, and only one, of the following incentives: 10.1431 3.5%per month for possession of an A.A. or A.S. Degree. 101432 7.0%per month for possession of a B.A.or B.S. Degree. 10.1433 9.0%per month for possession of a M.S.,M.A.,or MBA Degree. 10.1434 Such degrees must have been received from an accredited college or university. Any employee who wishes to receive educational incentive pay shall provide proof to the employer that he/she has received the degree claimed. 10.15 Shift Incentive Pay Day Shift consists of any shift that is scheduled to end between the hours of 1000 and 1800 Swing Shift consists of any shift that is scheduled to end between the hours of 1801 and 0200 Graveyard Shift consists of any shift that is scheduled to end between the hours of 0201 and 0959 Shift Incentive pay will consist of 1%of Step#5 deputy pay for all members assigned to a shift defined above as Swing Shift and 2%of Step#5 deputy pay for all members assigned to a shift defined above as Graveyard Shift. Shift Incentive pay will be calculated based on Step #5 deputy pay for all ranks. All deputies who are on probation shall receive 1% of Step#5 deputy pay for the year that they 22 are on probation.This pay shall be in lieu of the shift incentive pay above. 10.15.1 Injured members and Shift Incentive Pay (SIP): Anytime an injured employee is returned to work under the light or modified duty program and moves from a shift that provides shift incentive pay to a shift that does not,the incentive pay stops. Likewise, if the employee returns to light/modified duty and continues this work on a shift that does pay the incentive,then the employee would continue to receive the incentive. If an employee is on an extended absence due to an illness or injury and not working at all,the SlPwould continue until she/he returns to working on a shift,fight duty or otherwise, that does not qualify for SIP. 10.16 Lateral Deputy Pay Lateral entry deputies shall start at the step of deputy sheriffs wage scale in the Spokane County Salary Range Table that is commensurate with the lateral employee's length of total commission time as a law enforcement officer.All other benefits for lateral officers shall be determined by their total time working for Spokane County. 11117 During the fall of the year when a member works an extra hour because of daylight savings time, that member will be compensated by overtime or compensatory time for the extra hour. During the spring of the year when a member works one less hour because of the time change, the member will be required to either work one hour past their normal shift hours or be allowed to use one hour of leave time at the employer's discretion. 1018 Matching Deferred Compensation Effective the first full pay period following July 1, 2022, the County will provide a matching contribution to the employee's Deferred Compensation account of up to 1%. ARTICLE 11 -SENIORITY 11.1 Seniority shall be defined as follows: 11.1.1 Total length of service within job classification. For purposes of seniority, Officer Candidate's seniority will be calculated from date of hire. 11.12 Total length of unbroken service with the Sheriffs Department. 112 For the purposes of computing seniority, all authorized leave shall be considered as time worked. Voluntary unpaid leaves of absence shall not be considered time worked. Employees who are laid off as a result of a reduction in positions and who are subsequently reinstated shall retain their full seniority except for such period of layoff. 11.3 In the event of a layoffforany reason,employees shall be laid off in the inverse order of their seniority in the classification in which the work force is being reduced. No layoffs or reduction to a lower classification shall be executed so long as there are temporary employees serving with the affected classification. 11A No new employee shall be hired in any classification in that department until all employees on layoff status in that classification in that department have an opportunity to return to work. 23 11.5 Disciplinary suspensions shall not adversely affect seniority. ARTICLE 12 - DISCIPLINE AND DISCHARGE ,71 121 Discipline is Disciplinary action or measures shall be appropriate for the offense and shall include only the following: 121.1 Oral reprimand 1212 Written reprimand 1213 Suspension (Notice to be given in writing within twenty-four (24) hours of action. 1214 Demotion (a demotion shall not result in the layoff of another employee within the bargaining unit) 1215 Discharge (Notice to be given in writing within twenty-four(24) hours of action) 122 Any disciplinary action or measure above a written reprimand imposed upon an employee may be processed either through the regular Civil Service procedures or the contractual grievance procedure but not both. 123 Discharge The employer shall not discharge or otherwise discipline any employee without just cause. The employee and his steward will be notified in writing that the employee has been suspended and/or discharged. 124 Probationary employees may not grieve discipline or discharge. 125 Grievance and Arbitration Procedure Any grievance (a complaint of an alleged violation of a specific term of this agreement) or dispute which may arise between the parties involving the application, meaning or interpretation of this Agreement shall be settled in the following manner: To be considered a bona-fide grievance the alleged violation must contain the following: 1251 The specific contract provision violated. 1252 The specific action(s)that occurred that violated the contract provision listed above. 1253 How that action violated the specific terms of the agreement. 24 1254 When the violation is to have taken place. 1255 Where the violation is to have taken place, if appropriate. 1256 A brief description of the events surrounding the violation. 1257 The remedy sought. 126 Agreement of Parties to Meet 1261 Grievances will be submitted to the Employees immediate supervisor in person, by regular mail or by email. For tracking purposes, a copy of the grievance will be provided to the HR Manager. 1262 Both parties agree that they will meet at each step of the Grievance Procedure to reach a settlement and any grievance settled by the signatory parties thereto in any of the following steps is final and binding. 1263 Any member of the Spokane County Sheriff's Office who has been identified in an administrative complaint has the ability to request a meeting with the Sheriff to resolve the complaint. This does not preclude the complaint from being resolved prior to any meeting occurring. 12.7 STEP 1.The employee or the Association Official may take up the grievance or dispute that does not involve discipline and/or discharge with the employee's immediate supervisor within-ten (10) calendar days of its occurrence. Grievance involving discipline and/or discharge shall be initiated at Step 3. If at that time the Employee or Association Official is unaware of the grievance, they shall take it up within ten (10) calendar days of the date they should have known of its occurrence. The supervisor shall then attempt to adjust the matter and shall respond to the Association Official within ten (10) days. 12.8 STEP 2.If the grievance has not been settled in Step 1, it shall be presented in writing, specifying the provision(s) of the Agreement that have been violated and the remedy(s) sought, by the Association Official to the division head within ten (10) calendar days after the supervisor's response is due. The division head shall respond to the Association Official in writing within ten (10) calendar days. 12.9 STEP 3. If the grievance still remains unadjusted, it shall be presented by the Association Official and/or grievance committee to the Sheriff or his designated representative in writing within ten (10) calendar days after the response of the division head is due. The Sheriff or his designated representative shall respond in writing to the Association Official and grievance committee within ten (10) calendar days. 12.10 STEP 4. If the grievance is still unsettled and concerns a subject that is not within the exclusive authority of the Sheriff, it shall be presented by the Association to the County Labor Relations Manager or Human Resources Director within ten (10) working days after the response of the Sheriff is due. The County Labor Relations Manager or Human 25 Resources Director shall schedule a meeting with the Association and respond to the Association within ten (10) working days. 12.11 STEP 5. If the grievance is still unsettled, either party may within ten (10) calendar days after the reply of the Sheriff or County Labor Relations Manager or Human Resources Director is due, by written notice to the other, demand arbitration. 12.12 Grievances related to a dispute or disagreement regarding a disciplinary action, discharge, or termination decision of a member shall follow the processes outlined in RCW 41.58.070. For all other grievances,the arbitration proceeding shall beconducted byan arbitratorto be selected bythe employer and the Association within ten (10) days after notice has been given. If the parties fail to select an arbitrator,The American Arbitration Association shall be requested by either or both parties to provide a panel of nine(9)arbitrators. The first strike shall be determined by a coin flip. Each side shall alternatively strike names until a single arbitrator remains.The remaining person shall be the arbitrator. The decision of the arbitrator shall be final and binding on the parties, and the arbitrator shall be requested to issue his decision within thirty (30)days after the conclusion of testimony and argument. 12.13 Expenses for the arbitrator's services and the proceedings shall be borne completely bythe party p 9 p Y p dY who receives the unfavorable decision. The arbitrator shall denominate who that party is in his/her award. However, each party shall be responsible for compensating its own representatives and witnesses. If either party desires a verbatim record of the proceedings, it may cause such a record to be made providing it pays for the record and makes copies available without charge to the other party and to the arbitrator. 12.14 Grievances initiated by the employer shall be processed in this same manner, but they may be initiated at either Step 1 or Step 2. 12.15 Time frames may be extended or waived by written, mutual agreement of the signatory parties. i'. 12.16 Grievance Committee 12.16.1 Employees selected by the Association to act as Association representatives shall be known as "stewards The names of employees selected as stewards and the names of other Association representatives who may represent employees shall be certified in writing to the employer by the local Association and the individuals so certified shall constitute the Association grievance committee. 12.16.2 The purpose of the grievance committee meeting will be to adjust pending grievances and to discuss procedures for avoiding future grievances. In addition, the committee may discuss with the employer other issues which would improve the relationship between the parties. 12.17 Processing Grievances During Working Hours 12.17.1 Grievance committee members may, with the approval of the supervisor, investigate and process grievances during working hours without loss of pay. 12.17.2 In the processing of a grievance, the committee should be limited to a total of three (3) members. 26 ARTICLE 13 - STRIKES AND LOCKOUTS 13.1 Lockouts No lockout of employees shall be instituted by the employer during the term of this Agreement. 13.2 Strikes No Strikes, slow-downs, refusal to cross picket lines or disruptions of work of any kind, during an employee's work hours, shall be caused or sanctioned by the association or by individuals covered by the bargaining unit. Participation in such activities shall be cause for disciplinary action up to and including discharge. ARTICLE 14 - GENERAL PROVISIONS 14.1 Pledge Against Discrimination and Coercion 1411 Both parties agree that the provisions of this Agreement shall be applied equally to all employees in the bargaining unit without discrimination as to age, sex, marital status, race, creed, national origin, political affiliation, sexual orientation or their status as a qualified individual with a disability. 1412 All reference to employees in this Agreement designate both sexes and wherever the male gender is used it shall be construed to include male and female employees. 1413 The employer agrees not to interfere with the rights of employees to become members of the Association and there shall be no discrimination, interference, restraint, or coercion by the employee representative against any employee because of Association membership or because of any employee activity in an official capacity on behalf of the Association. The Association recognizes its responsibility as bargaining agent and agrees to fairly represent all employees in the bargaining unit without discrimination, interference, restraint or coercion. 14.2 Union Activities on Employer's Time and Premises The employer agrees that during working hours, on the employer's premises, and without loss of pay, Association representatives shall be allowed to: 1421 Post Association notices. 1422 Attend negotiation meetings with the approval of the supervisor. 1423 Transmit communications, authorized by the local Association or its officers to the employer or his representative. 1424 Consult with the employer, his/her representative, local Association officers, or other Association representatives concerning any provisions of this Agreement, by first receiving the approval of his immediate supervisor. 27 j 14.3 Time Off For Association Business 1431 Upon the approval of the Sheriff, one Association official and such Association legislative officials as agreed upon by the Association and Sheriff, will be allowed without loss of pay to attend official Association conferences, Association legislative conventions and state or national conferences, not to exceed five (5) days, each official, for each conference or convention. This 1 policy shall not create overtimes costs to the Spokane County Sheriffs Office. 1432 It is agreed the employer has the right to refuse paid time off if the above time is to be used for lobbying or legislation contrary to the Sheriffs stated position. 144 Work Rules work rules The employera reel to notifythe Association of anychanges in existingo k u es 9 g fifteen (15) workingdaysprior to implementation in order that a Labor/Management Y p g meeting may be set to review the changes and alternatives if appropriate. The fifteen (15) working day notice shall not be required in case of emergency. 14.5 Seniority List During the term of this Agreement, the County will furnish the Association with an up-to- date Department seniority list for the bargaining unit,together with the classification and rates of each employee on such list. 14.6 Equipment The County will continue to furnish such equipment as it has customarily furnished in the past, and whenever possible furnish additional equipment that will promote the safety and welfare of the Department members and aid in the efficient performance of their duties. However, the furnishing of County vehicles is at the discretion of the Sheriff. 1461 Marked Patrol Vehicle Take Home Agreement- The Spokane County Sheriff's Office does place marked Sheriffs Patrol Vehicles in the neighborhoods of Spokane County to enhance visibility and deter crimes. The vehicles are issued, when available, to deputies and will be used for official duty only. The vehicles are issued at the discretion of the Sheriff and therefore, revocation of the take home vehicle is not a grievable issue. Generally, deputies must reside in Spokane County to be eligible for a take home vehicle. However, eligibility of deputies residing a short distance from the Spokane County line will be decided on a case by case basis. The Sheriff has the right to terminate the Marked Patrol Vehicle Take Home Agreement after giving two (2)weeks' notice the Spokane County Deputy Sheriffs Association. If there is a need for additional marked patrol vehicles due to a shortage or emergency situation the vehicles may be immediately recalled for general assignment. 28 iI 14.7 Clothing Allowance 147.1 The County will provide a clothing allowance of two thousand, two hundred ($2,200.00) dollars per year for each and every member of the Sheriffs Department whose primary function is law enforcement. 1472 When the employer mandates a change in uniform, the employer shall provide the initial issue unless the employee is allowed to continue using the obsolete article(s) until no longer serviceable. 14.8 Personal Property 1481 The Spokane County Sheriffs Office will reimburse deputies for equipment and clothing (necessary for performance of their duties and required by the office), which are !. damaged in the course of duty. Equipment will Lereplaced at current replacement value. 1482 The Spokane County Sheriffs Office will not replace any item damaged due to the deputies'negligence. 1483 Nothing inthis section is meant for the County to repair or replace damaged or destroyed property if the payment can be secured by the court i. 14.9 Liability Coverage The County agrees, whenever any action, claim or proceeding is brought or instituted against any Sheriff Deputy arising from acts or omissions while such Deputy is performing or in good faith purporting to perform within the scope of Deputy's authority to authorize the defense of the action or proceeding at the expense of the County, and if any money judgment against such officer or employee is entered, to pay such money judgment. 14.10 Association President to be Assigned to Dayshift The Sheriff agrees to assign the Association President to a dayshift position within the department and at the job classification that the president holds. Such assignment will be made regardless of departmental seniority. 14.11 Authorized Agents The County's principle authorized representative shall be the Employee & Labor Relations Manager or his/her duly authorized representative located at 824 N Adams Street, Spokane, WA 99260, telephone (509)477-2880, except where a particular County representative for purposes of accepting notice of proposed negotiable issues shall be specifically designated by the HR Director or the Employee & Labor Relations Manager in connection with the performance of a specified function or obligation set forth herein. The Association's authorized representative(s)shall be the elected President or his/her duly authorized representative of the Deputy Sheriffs Association. The Association will notify the County Employee & Labor Relations Manager in January of each year the name of the 29 authorized representative of the DSA. ARTICLE 15 - MEDICAL, DENTAL, LIFE INSURANCE, LTD • 15.1. Health Insurance 151.1 The Employer agrees to provide at least two (2) medical plans of which at minimum one (1) plan will be a Preferred Provider Plan (PPO) and one (1) will be a Health Maintenance Organization (HMO). ['I The employee monthly premium cost sharing formula shall be employees contributing 5% towards the employee's medical premium and 10%towards the employee's dependents' premiums. I. 15.12 Employee's monthly premium sharing costs will be set up to be paid with pre-tax dollars and the employee's monthly premium will be split over the two pay periods in the month. Changes may only be made during medical/dental open enrollment. 15.13 The employer agrees that for the term of this agreement, the out-of-pocket maximums for the PPO & HMO plans will be as follows: • HMO - $1,000 - Individuall$3,000 - Family • PPO - $2,000 - lndividual/$6,000 - Family 15.2 Dental 15.2.1.The employee monthly premium cost sharing formula shall be employees contributing 5% towards the employee's dental premium and 10% towards the employee's dependents' premiums. 15.2.2 The Employer agrees to provide at least two(2)dental plans of which at minimum one (1) plan will be a Preferred Provider Plan (PPO) and one (1) plan will be a Dental Maintenance Organization (DMO). 15.2.3 In the event that the premium selected by the employee for the employee and dependents, if any, is less than the Employer's maximum contribution, the difference shall remain in the designated self-insured dental fund. 15.3 Vision 15.3.1 The employee monthly premium cost sharing formula shall be employees contributing 5% towards the employee's vision premium and 10% towards the employee's dependents' premiums. 30 15.4 Eligibility 154.1 No double coverage (applies to Medical and Dental)which means: • Regarding Medical: Each employee and spouse will remain on their own medical plan and dependents, if any,will be enrolled on the parent's plan whose birthday falls first in the year unless otherwise notified. • Regarding Dental: If both employee and spouse select the same dental plan, the employee, spouse and all dependents, if any, will be enrolled on the employee's plan whose birthday falls first in the year unless otherwise notified. If married employees each select a different plan, then the employee and spouse will remain on their own dental plan and dependents, if any, will be enrolled on the employee's plan whose birthday falls first in the year unless otherwise notified. 111 li 1542 Medical, dental, and vision eligibility will begin the first day of the month following hire. If employment begins the 1st through the 15th of the month their coverage will begin the first day of the next month after hire. If employment begins the 16th through the end of the month their coverage will begin the first day of the month following the first full month after their hire date. 1543 Employees separating from service between the 1st and 15th of the month shall retain their coverage through the end of the month. Those employees separating between the 16th and the end of the month shall retain their coverage through the end of the following month. 15.5 Life Insurance: The County will provide and pay the full premiums fora $25,000 Employee Life Insurance Policy. Supplemental insurance will remain available at the employee's option, eligibility and expense. Implemented the first of the month following ratification of the agreement. 15.6 Long Term Disability Premium County agrees to pay full LTD premium for each member.This will be set up as premium pay. 15.7 In the event the County makes changes to these insurance benefits/benefit plans during the life of this Agreement, the Union will be provided with at least a ninety (90) day notice and an opportunity to impact bargain the effects prior to implementation. ARTICLE 16 - SAVINGS CLAUSE Should any Article, Section, or portion thereof, of this Agreement be held unlawful and unenforceable by any court of competent jurisdiction, such portions thereof directly specified in the decision; upon issuance of such a decision, the parties agree immediately to negotiate a substitute for the invalidated Article, Section or portion thereof. 3 ARTICLE 17 - SUPPLEMENTAL AGREEMENT This Agreement may be amended, provided both parties concur, Supplemental Agreements may be completed through negotiations between the parties at any time during the life of the Agreement. Should either party desire to negotiate a matter of this kind, it shall notify the other party in writing of its desire to negotiate. Supplemental agreements thus completed will be signed by the responsible Association and County officials. Supplemental agreements thus completed shall become a part of the Agreement and subject to its provisions. 1 • ARTICLE 18 -TERMINATION This Agreement shall be effective as of the January 1, 2022 and shall remain in full force and effect through the December 31, 2024. Negotiations for a successor Agreement shall begin in accordance with the provisions of RCW41.56.440. 111 WITNESS WHEREOF, the parties hereto have set their hand this Vt. day of r\ .2022. FOR TH . a IATION: FOR THE EMPLOYER: Greg L Mary MOT:y OSA P4âidónt County Ca missioner i , Josh Kearns County Commissioner Al French County Commissioner Airlitialliilli .... .4.-. —a. 0 ...ie 7 i Tollit" • '•• 0,,I,Pow.il ' -ounty Sheriff / 32 Ashley Ca eron Hu an Resources Senior Director situ G oat pioyee Labor Relations Manager WORKING AGREEMENT between, SPOKANE COUNTY, the SPOKANE COUNTY SHERIFFS OFFICE, and the SPOKANE COUNTY DEPUTY SHERIFFS ASSOCIATION, 1/112 22 through 1213112024 i APPENDIX A , Start 1 year 2 ears 3 ears 4 years 10Year 15Year 20Year 25Year Y Y Y Deputies 1 2 3 4 5 6 7 8 9 Current: $ 28.46 $ 31.45 ._$.. 34.75 $ 38.40 2022 $ 28.82 $ 31.84 ; $ 35.19 $ 38.88 $ 40.83 $ 41.44 $ 42.06 $ 42.69 $ 43.33 2023 $ 2939 $ 32.48 i...$...35.89 $ 39.66 $ 4164 $ 42 27 $ 42.90 $ 43.55 ; $ 44.20 2024 $ 29.98 $ 33.13 € $ 36.61 $ 40.45 . $ 42.48 $ 43.11 $ 43.76 $ 44.42 $ 45.08 i Det/Corp m,......._..._.__..1... ._.. 2 3 1st step in Det/Corp is 5%above Step#5 of Deputies Current': $ 39.55 $ 41.58 ; $ 43.71 2022 $ 42.87 $ 45 07 $ 47.38 , 2023 $ 43.73 $ 45.97 $ 48.33 2024 $ 44.60 $ 46 89 $ 49.29 _ � : . . ._ _.__.; .__.___- - I Sergeants 1 2 3 Current $ 42.37 $ 44.54 $ 46.82 1st step of Sergeants is 5%above Step#3 of Det/Corp 2022 $ 49.75 $ 52.30 $ 54.97 2023 $ 50.74 $ 53 34 : $ 56.07 2024 $ 5176 $ 54.41 $ 57.19 Upon completion of 12 months on Step One they shall move to Step 2. Upon completion of 12 months on Step 2 they shall move to Step 3. Upon completion of 12months on Step 3 they shall move to Step 4. . 34 is APPENDIX B Spokane County Law Enforcement Officer's Bill of Rights Individual rights of employees with the Spokane County Sheriff's Office shall not be violated. To insure this,the following shall represent the Spokane County Law Enforcement Officer's Bill of Rights. Hereinafter, a law enforcement officer covered by this agreement shall be referred to as"Employee". I. ADMINISTRATIVE INTERNAL INVESTIGATIONS (1) An employee shall be entitled to representation from the Spokane County Deputy Sheriffs Association or its designee at each step of the disciplinary procedure, grievance procedure and/or the internal investigative process as set forth in POLICY 26.6. INTERNAL INVESTIGATIONS. In addition, an employee may also have legal representation at his/her own expense or the expense of the SCDSA. The employee will be given time to consult with any of these persons prior to the interview/interrogation, on a reasonable basis. (see POL 26.6.2.d). (2) Prior to the interview/ interrogation, the Employee will be advised of the nature of the interview/interrogation, i.e.Administrative or Criminal in nature. (3) Before an employee may be dismissed, demoted, suspended, transferred for disciplinary reasons, or have any written disciplinary action, including written documentation of an oral reprimand, placed in any type of administrative file, a full and complete investigation into the allegation(s) of misconduct will be conducted. If disciplinary action results the employee shall have the right to an in person hearing before the Sheriff. (� The administrative interview/interrogation shall be conducted at a reasonable hour, preferably when the employee is on duty unless the exigencies of the investigation dictate otherwise. Where practical, interviews shall be scheduled for the daytime. Employees will be given at least 72 hours notice prior to any interview/interrogation taking place. This notice shall include a provision stating that the investigation is an administrative, as opposed to criminal, investigation. However,employees may waive this notice and agree to be interviewed at any time. (5) Employees shall be compensated if the interview/interrogation occurs off- duty, at the appropriate overtime rate of pay. (6') The interview/interrogation shall take place at the Spokane County Sheriffs Office facility, except when deemed inappropriate by the investigator, and the interview/interrogation session shall not be overly long,and the employee shall be entitled to reasonable intermissions for personal necessities, phone calls, meals, and rest periods. (see Policy 26.6.2. (c,f). (7) Employees are required to cooperate with the internal disciplinary process and answer fully and in a truthful manner all questions posed by a superior officer,supervisor or administrative investigator. Employees being interviewed/interrogated shall be informed that failure to 35 answer questions directly related to the investigation may result in disciplinary action, which includes termination(see POL 26.5.3 b,Appendix C). (8) The employee under administrative investigation shall be informed of the name and rank of the assigned investigator and all persons present during the interview. (9) The Association representative has the right to active, non-disruptive participation,to include: Making objection to improper or unlawful questions, asking clarification of questions that are unclear, offering additional evidence at an appropriate time in the proceeding, requesting breaks for the employee when necessary. (10) Prior to being interviewed, the accused employee will be: a) allowed to read the citizen's written complaint (if received); b) informed of the nature/scope of the complaint/investigation; c) and informed of the identity of complainant/witness(s). (11) Employees shall not be promised any reward as an inducement to answer questions. in addition, the tone or mechanics of the interview will not be designed to foster harassment or"badgering". Any employee being interviewed/interrogated shall not be threatened with transfer, dismissal, suspension, or disciplinary action, nor shall any employee becoerced or intimidated or suffer any reprisals either directly or indirectly that may adversely affect his hours,wages, or other terms and conditions of employment as a result or the exercise of his rights under this Agreement(see POL. 26.6.2 g). (12) A complete record shall be kept of any interviewfinterrogation. A copy of the record shall be available to the employee and/or his/her counsel and/or Association representative upon request and without charge. The administrative interview may be sound recorded or video-taped at the employee's request or employer's discretion (see 26.6.2.b). Each party shall be responsible for supplying their own audio-visual equipment. (13) The Employer may not insert any adverse material into any file of the employee unless the employee has had an opportunity to review and receive a copy of the material, and to respond in writing to the alleged violation(s).The employee may waive these rights. (14) In all investigations, the employee shall be considered innocent until the allegations are substantiated. (15) These Rights extend to all subjects involved in the investigation, i.e. subjects of the investigation and witnesses. 36 CRIMINAL INVESTIGATIONS (1) If the investigation is criminal in nature, the employee will be advised of the criminal nature of the investigation. The employee will be afforded the same Constitutional rights and responsibilities as any other citizen. (see POL 26.6.1) (2) In all investigations, the employee shall be considered innocent until proven guilty. (3) Investigations will be conducted in accordance with State and Federal law. Ill. GENERAL RIGHTS (1) If the employer has reasonable cause to question an employee's fitness for duty, the Employer may require the employee to undergo a physical or psychological examination to determine continued fitness for duty, naccordance with POL 26.5.3.f. If the employee disagrees with the results of such examination, or the results of the first examination indicate that a further examination is required, then either the employee or employer may require a second examination. Should the findings and recommendations of the examining physicians significantly differ, a third opinion from a qualified physician selected jointly by the two physicians may be obtained. In lieu of this third opinion, the employer, Association and affected employee may choose to conduct a Physical Capacity Exam. The Employer, Association and affected employee, shall follow the third opinion or the Physical Capacity Exam,whichever is applicable. The first and,where applicable,third examination or Physical Capacity Exam shall be paid for by the employer and the second examination shall be paid by the employee, unless the injury or claimed deficiency is a result of an on-duty situation or is covered under Labor and Industries Laws. If the employer requires a second examination the cost of that examination will be that of the employer. (2) Except where obligated by law or with prior written consent of the affected employee,the County will not release information which is not otherwise a public record from an employee's administrative/personnel files to any third party not associated with or acting on behalf of the County. Where law requires release, the employer will make a reasonable effort to notify the employee prior to release of the information. (3) Oral reprimands will not be used as the basis for further disciplinary action after twelve(12) months if there have been no repeated offenses concerning the same matter as the reprimand. Written reprimands will not be used as the basis for further disciplinary action after twenty- four(24) months if there have been no repeated offenses concerning the same matter as the reprimand. Suspension, demotion or any other discipline will not be used as the basis for further disciplinary action after sixty(60)months if there have been no repeated offenses concerning the same matter as the discipline. 3.1 Members will have the right to review their files on an annual basis. Members may request a document in their administrative files beremoved from their files. (4) No employee shall be required to disclose any item of his or her, or a member of his or her family or household's, property, income, assets, source of income, debts, or personal or 37 11 domestic expenditures unless that information is necessary in investigating a possible conflict of interest with respect to the performance of his or her official duties, or unless the disclosure is required bylaw. (5) Any employee who has been involved in the use of deadly force shall have the right to consult with an attorney prior to giving a statement about the incident involving the use of force. (6) All investigations will be completed in a timely manner, not to exceed 60 days. At the completion of the investigation the Employee will be notified in writing of the result of the investigation. In the case of a complex investigation that may exceed the 60-day time limit, the employee will be notified of the extension and approximate time needed to conclude the investigation. (7) No statute may abridge nor may the Spokane County Sheriffs Office adopt any rule or regulation, which prohibits the right of a law enforcement officer to bring suit arising out of his orher duties as a law enforcement officer. (8) Unless otherwise described herein, all investigations will be conducted naccordance with State and Federal law. (9) This Section shall not be construed as denying any employee any right guaranteed through the provisions of a collective bargaining agreement negotiated under chapter 41.56 RCW. (10) This Section will be known and cited as the Spokane County Law Enforcement Officers' Bill of Rights. 38 APPENDIX C Normal (Lag) Pay The employees shall be paid in accordance with the County's payroll schedule. The County will implement a County wide lag pay system no earlier than January 1, 2023 or December 31, 2023. A six (6) month notice will be provided to the bargaining unit prior to implementation. If implemented on January 1, 2023, the first pay period will be as follows: Start January 1 through pay end date January 14, 2023. Employees will be paid on January 20, 2023. (a one-time, 7 day delay in pay checks being issued) If implemented on December 31, 2023, the first pay period will be as follows: Start December 31, 2023 through pay end date January 13, 2024. Employees will be paid on January 19, 2024 (a one-time, 5 day delay in pay checks being issued). Once the lag pay system is implemented, employees will be paid bi-weekly on every other Friday. Pay periods will always be a 14 day period. The number of yearly pay periods will be changed from 24 pays to 26 pays. In recognition that this change could have an impact on employees, the County will offer the ability for employees to do a one-time cash out of accrued Vacation or Comp time up to forty (40) hours. Other options that may be offered to the employees to bridge this delay will be: o Ability to take out a 0% interest loan out that will be repaid during the course of their employment or upon separation. o If any other options are developed at the time of implementation, the options will be offered to the members of this bargaining unit. If there is a delay in the implementation for this bargaining unit, at least 60 days notice will be given with the new anticipated implementation date. 39 COLLECTIVE BARGAINING AGREEMENT Between Spokane County, The Spokane County Sheriffs Office, And Spokane County Lieutenants and Captains Association January 1, 2022 through December 31, 2024 tt • TABLE OF CONTENTS PREAMBLE 1 ARTICLE 1 —PURPOSE AND INTENT 1 ARTICLE 2---RECOGNITION 1 ARTICLE 3 —ASSOCIATION SECURITY 1 ARTICLE 4 ASSOCIATION/MANAGEMENT RELATIONS 2 ARTICLE 5—HOURS OF WORK 3 G' ARTICLE 6 HOLIDAY 5 ARTICLE 7—ANNUAL LEAVE 6 ARTICLE 8—SICK LEAVE 8 ARTICLE 9—LEAVES OF ABSENCE 10 ARTICLE 10—WAGES AND OVERTIME 12 F ARTICLE 11 —SENIORITY 15 is ARTICLE 12—DISCIPLINE AND DISCHARGE 15 ARTICLE 13 —STRIKES AND LOCKOUTS 17 ARTICLE 14-AUTHORIZED AGENTS 18 ARTICLE 15—GENERAL PROVISIONS 18 ARTICLE 16—MEDICAL, DENTAL, LIFE INSURANCE,LTD 20 ARTICLE 17 —SAVINGS CLAUSE 22 ARTICLE 18 —SUPPLEMENTA L AGREEMENT 22 ARTICLE 19--TERMINATION 23 APPENDIX A 24 APPENDIX B 28 is PREAMBLE THIS AGREEMENT, is made and entered into this 1st day of January 2022, by and between the Spokane County Sheriffs Office, the Board of County Commissioners, hereinafter referred to as the "County", and Spokane County Lieutenant and Captains Association,hereinafter referred to as the "Association". ARTICLE 1 - PURPOSE AND INTENT 1.1 The general purpose of this Agreement is to set forth terms and conditions of employment p� g and provide for a system to promote orderly labor relations for the mutual interest of the County, and the Association. 1.2 The parties recognize that the interest of the community and the job security of the member depend upon the County's success in establishing a proper service to this community. 1.3 To these ends the County and the Association encourage to the fullest degree friendly and cooperative relations between the respective representatives at all levels and among all hI members of the Association. ARTICLE 2 - RECOGNITION The County recognizes the Association as the exclusive bargaining agent for all fully commissioned law enforcement officers of the Spokane County Sheriffs Office holding the rank of Lieutenant or Captain and serving in positions recognized as Civil Service, for the purpose of collective bargaining in respect to wages,hours and other conditions of employment. ARTICLE 3 - ASSOCIATION SECURITY 3.1 All members serving in the active Civil Service positions of Lieutenant or Captain, may become and remain members of the Association. Such membership is voluntary. Members choosing to become members of the Association will become members within thirty(30) days after being promoted. 3.2 The County agrees to deduct any Association member's initiation fee, and once each month, dues from the pay of those Association members who voluntarily authorize in writing that such deductions be made. The amounts to be deducted shall be certified to the County Auditor by the Treasurer of the Association and the aggregate deductions of all members shall be remitted, together with an itemized statement to the Treasurer of the Association after such deductions have been made. 1 Page 3.3 The Employer shall remain neutral when communicating with employees about Association membership and direct the employee to discuss Association membership with an Association representative and/or contact the Washington State Public Employment Commission. 3.4 The Association agrees to indemnify and save the Employer harmless against any liability which may arise by reason of any action taken by the Employer to comply with the provisions of this Article, including reimbursement for any legal fees or expenses incurred in connection with such action. The Employer will promptly notify the Association in writing of any claim, demand, suit or other form of liability asserted against it relating to its implementation of this article. !' ARTICLE 4 - ASSOCIATION/MANAGEMENT RELATIONS 4.1 All collective bargaining with respect to wages, hours and general working conditions shall be conducted by authorized representatives of the Association and authorized representatives of the County. 4.2 Agreements reached between the parties to this Agreement shall become effective only when signed by designated representatives of the Association and the County. Subject to the terms of this Agreement, the management of the department and the direction of the working forces are vested exclusively in the Employer and nothing shall be construed as limiting the Employer's authority as conferred by law, or in any way abridging or reducing such authority. 4.3 The following rights are examples of such rights. This list is not exclusive: a. Operate and manage all staff, facilities and equipment; b. Establish the mission, strategic direction, service levels and resource requirements for all operations and services; c. Develop, interpret, amend and enforce written policies, procedures, rules or regulations, or standard operating procedures governing the workplace provided that such policies, procedures, rules and regulations, or standard operating procedures governing the workplace do not conflict with the provisions of this Agreement; d. Determine the methods, means, number and qualifications of personnel needed to carry out a department's operations or services; e. Determine the utilization of technology; f. Retain the authority to assign incidental duties connected with positions acknowledging that not every incidental task and/or duty may be described in job description/classifications; g. Contract out for goods and services; h. Hire, promote, transfer, assign, retain, recall, retire and layoff employees within and without the various depai tinents of the Employer. i. Perform work through the utilization of non-bargaining unit personnel, including salaried employees and volunteers; 2 Page is j. Promulgate rules and regulations; k. Suspend, demote or discharge employees for cause, maintain the efficiency of the operation entrusted to the Employer; 1. Determine and manage the manner in which such operations are to be conducted; m. To advance to the fullest extent possible the economy of operations of the Sheriff's Office and to protect the primary interest of citizens of Spokane County; and n. Determine the need for additional educational courses, training programs, on-the- job training, or class training; assign. Employees to such duties for periods to be detennined by the Employer; and o. Determine the number of personnel assigned on duty at any time. The employer's failure to exercise any right, prerogative, or function in a particular way, shall not be considered a waiver of the Employer's right to exercise such right, prerogative or function, or preclude it from exercising the same in some other way not in conflict with the express provisions of the Agreement. 4.4 It is mutually agreed that a committee from the Association and a committee from management conduct regular labor/management meetings for the purpose of resolving problems and addressing matters of safety that may arise and to promote the general climate of labor/management relations. Meetings shall be conducted quarterly, but they may be scheduled more often by mutual agreement. 4.5 The two committees shall be comprised of three members from the Association and three members representing management. Additional persons may be invited to participate by mutual agreement. Meeting agendas will be prepared in each case and submitted in advance of each meeting.Nothing in this Article shall be construed as conferring on either party the right to reopen this agreement, or any part thereof, for renegotiation. ARTICLE 5 - HOURS OF WORK 5.1 The regular hours of work each day shall be consecutive except for interruptions for lunch period. 5.2 The normal work week shall consist of five(5 da ys d ys of eight(8)hours of work and two (2) days of rest; or four(4) days of ten(10)hours of work and three (3) days of rest, or 3 days of twelve (12) hours of work and at least two (2) days of rest but no more than three (3) days of rest. Either the days of work or the days of rest shall be consecutive. The parties will negotiate over any changes in work schedule prior to the change being implemented. 5.2.1 The standard work week shall be defined as beginning at 12:00 a.m. Sunday and ends at 11:59 p.m. the following Saturday. 5.2.2 The standard workday shall be defined as beginning at 12:010 a.m. and ending at 11:59 p.m. (24 twenty-four total hours from the start of the day to the end of the day). 5.2.3 A noiuial working schedule shall be defined as to 40 hours per week. f page I'. 5.3 Members must be notified of normal work schedules showing the member's shifts, work days and hours two (2) weeks prior to shift change where needed. Shift changes following a regular sequence of rotation need no notification. 5.4 During lunch and coffee breaks, members shall be available in cases of emergency. This shall apply to all shifts. 5.5 Nothing herein shall prevent the parties from agreeing to any alternative work schedules, or prevent an Association member from flexing their hours of work to accommodate regular work responsibilities. 5.5.1 Except in an emergency, when declared at the Sheriff's discretion or when necessary to investigate or resolve an ongoing operation, or upon mutual consent of the employer and employee, no employee will be required to report for work without at least eight(8)hours of rest between shifts. This provision will not apply to any member considered to be on call. 5.5.2 An LCA members shift begins when the members arrives at their assigned work location for the day and concludes when the member ceases meaningful work- related activities. 5.5.3 Drive time to and from the members residence does not encompass part of their assigned shift for the day. 5.5.4 If a member performs significant work-related activities during their drive time to their designated work location for the day, the employees workday will start at this time. 5.5.5 The members time will be adjusted so the workday ends 8, 10, or 12 hours later, depending on the members scheduled day. 5.5.6 If a member performs significant work-related activities at the conclusion of their • designated work shift, payment for this work will be compensated in accordance with the provision of the LCA's CBA covering overtime. 5.6 Markups shall last for the period between March P` and the last day of February. Markup changes within the Patrol Division shall,occur at the beginning of Dayshift on the morning of March lst each year. 5.6.1 LCA members assigned to Patrol will bid using the following criteria, with seniority determining the shift bid position. Seniority may also be affected by unpaid leaves of absence to include disciplinary leave. The patrol bid will be set by the patrol lieutenant with the most seniority,working its way down in descending order until all patrol positions are filled. 1. Shift/Hours—this will determine the shift. a. Days Off— this will create the formula for assigning Lieutenants to the four openings. Once the senior Lieutenant selects their Shift and Day off, the remaining will be positioned according to bid. Below is an example of the available assignments: b. Dayshift Lieutenant Spot#1 —Dayshift/Fridays Off/Precinct A c. Dayshift Lieutenant Spot#2—Dayshift/Mondays Off/Precinct B d. Nightshift Lieutenant Spot#3—Nightshift/Fridays Off/Precinct B 4 Page e. Nightshift Lieutenant Spot#111 —Nightshift/Mondays Off/Precinct A f. Location/Precinct—this will determine the location of work assignment and is subject to Management consideration and discussion. 2_ Bid their top 4 selections(shift/hours then days off)in order of preference. 5.6.2 If a patrol lieutenant's position opens during the bid year, the bid will be reopened for 30 days for LCA members to re-bid. After the 30 days have passed the position will be filled based upon seniority. During the 30-day open bid a lieutenant may be assigned to the open position, however based upon the bid seniority may be bumped to another position (shift/hours and location/days off). 5.6.3 Members assigned to patrol between March 1e and November 30th will be able to bid their shift by the seniority bidding process even if this results in a member with less seniority being bumped to a different shift,days off or location. 5.6.4 If the patrol lieutenant position opens on or after December 1st and before the last day of February, the position will be filled by assignment, until the new mark up in March, at which time the regular bid process for patrol lieutenants will take place. 5.7 An LCA member will serve as the Unit Commander of the Office of Professional Standards. 5.8 Weekly Rotational On Call Schedule All commissioned personnel who are the rank of Lieutenant will participate in a weekly rotational on-call schedule. This is to provide coverage for patrol in the absence of the regularly scheduled Lieutenant. The on-call person will be responsible for addressing all questions and requests initiated by a patrol supervisor and be available for response, if the situation requires an on-duty shift commander be present. 5.8.1 The weekly schedule will commence at 0700 hrs Monday, and end at 0700 hrs Monday. gregularweekdayduty 5.8.2_._Darin the_ hours,. another_on lieutenant can be utilized in lieu of the on-call person. 5.8.3 A person scheduled to be on call may elect to trade, but not transfer or give away, their regular on call week with another person in the on-call rotation but will remain responsible for notifying all affected supervisors. 5.8.4 A Division Commander may elect to have a lieutenant cover their regular work duties in their absence and may grant necessary authority for the duties in question. 5.8.5 Lieutenants may use department vehicles when running personal errands while staffing actual on-call during weeknights and weekends. 5.8.6 If illness or a family emergency causes an inability for the on-call person to remain on call, that person will immediately notify the Division Commander. r ! i Page 5.8.7 If, during the on-call duty, the sleep cycle of the on-call person is significantly disrupted as to affect their ability to work their next regular shift that on call person has discretion to place themselves on call for their next regularly scheduled shift or i- flex their hours. They will remain responsible for any hours not covered as a result of flexing their shift and for notifying their immediate supervisor and all affected shift supervisor of their work and/or on call status. 5.8.8 If, there is reason for a member of the on-call rotation to be unable to perfotui his / her duties for an extended period of time, their on-call duties will be split between those who are part of the on-call rotation. Should this cause any LCA member to work in excess of seven (7) on-call shifts per year, that member will be paid in accordance with section 10.7 of the CBA. 5.8.9 If, due to promotion,termination, or retirement, and the LCA member or position is not immediately filled by the County the vacated on-call shifts will be filled by the remaining LCA members. If this equates to any LCA member having to work in excess of seven (7) on-call shifts per year, the LCA member will be paid in accordance with section 10.7 of the CBA. ARTICLE 6 - HOLIDAYS 6.1 Allowance The following days shall be recognized and observed as paid holidays: New Year's Day Fourth of July Labor Day Thanksgiving Day Christmas Day 6.2 In addition to the above paid holidays full-time members on the payroll December 31st of the previous year shall be entitled to eight (8) paid personal holidays per calendar year. Each member shall select the days on which the member desires to take the personal holidays subject to the approval of the members supervisor. 6.3 In the event a member who is entitled to eight (8) paid personal holidays under this paragraph terminates his/her employment,personal holidays shall be calculated as follows: 6.3.1 Members terminating between January 1 and March 31 shall be entitled to two (2) personal holidays, 6.3.2 Members terminating between April 1 and June 30 shall be entitled to four (4) personal holidays. 6.3.3 Members terminating between July 1 and September 30 shall be entitled to (6) personal holidays. 6 Page II ci 6.3.4 Members terminating on or after October 1 shall be entitled to all remaining personal holidays. 6.4 Members who have used more than the personal holidays specified in this paragraph at the time of termination shall have the excess days deducted from their final pay. 6.5 Personal Holiday allowance shall be based on a day for day basis. A personal holiday shall consist of the number of hours the member is regularly scheduled to work at the time the personal holiday is taken. 6.6 Holidays will be observed on the days they occur unless the holiday falls on member's regular day off, in which case the holiday will be observed on an adjacent workday for that lieutenant. 6.6.1 If a Iieutenant is required to work a holiday, then that lieutenant will observe the holiday on an adjacent workday or other day in which it is practical to schedule the alternate day. 6.6.2 If a holiday falls on an actual day of work and the preference for that person is to take the day Off-Extra, the weekly on call person will be responsible for covering that holiday. (REF: Article 5.8) 6.7 Personal holidays must be used in the calendar year in which they were earned and can not be carried over into the next year. Personal holidays which have not been taken shall not be paid off. 6.8 Members may elect to be compensated for up to eighty (80) hours of unused Personal !! holidays, accumulated annual leave, or a combination thereof each year. Members may choose to make either one election of eighty(80) hours or two elections of forty (40) hours per election. Such election(s) shall be in full day increments and shall be made anytime through October 31st of each year. Sell back requests received between the 18th of the month and the 2nd of the following month will be paid on the paycheck received on or about the 15th of the month; requests received between the 3rd and the 17th of the month will be received on the month-end paycheck. Compensation shall be computed at the rate of pay effective at the time of payment. 6.9 Any other day so designated as a one (1) time holiday by the Governor of the State of Washington or the President of the United States shall be recognized and observed as a one (1) time event. Should an additional perpetual holiday be declared, the parties agree to meet and negotiate the impact of the holiday on the bargaining unit. If the Deputy Sheriff Association's leave accruals (sick, annual,holiday) are altered by Arbitrator the Lt/Capt Association leave accruals will be altered likewise. 7 Pa. c ARTICLE 7 - ANNUAL LEAVE 7.1 Eligibility Members separating from service on or before the 15th of the month will not receive any credit for that month. Members separating after the 15th of the month will receive credit for the full month. h. 7.2 Allowance I' Annual leave allowance shall be earned annually based on the following schedule: 7.2.1 Twelve (12) hours per month for all members having at least 10 years of service but less than 15 years of service. 7.2.2 Fourteen (14) hours per month for all members having 15 years of service but less than 20 years of service. 7.2.3 Sixteen (16) hours per month for all members having 20 years of service but less than 25 years of service. 7.2.4 Eighteen(18)hours per month for all members having 25 years or more of service. 7.3 Annual Leave Pay The rate of annual leave pay shall be the member's regular straight time of pay in effect for the member's regular job. 7.4 Choice of Annual Leave Pay 7.4.1 Annual leave shall be granted at the time requested by the member unless the nature of the work makes it necessary to limit the number of members on vacation at the same time. The member with the greater seniority shall be given his choice of annual leave period in the event of any conflict over annual leave period. 7.4.2 Annual leave maybe accumulated to a total of twice the amount earned annually to a maximum amount of three hundred twenty (320) hours credit, whichever is the lesser. Any annual leave accumulated beyond this limit will be forfeited unless the member is asked in writing to defer his vacation because of work schedules in which case the annual leave shall not be forfeited. Nor may a member be paid additional compensation for earned vacation time not taken, except at the time of severance from County employment as hereinafter provided. 7.5 Holiday During Vacation Period If a holiday occurs during the calendar week in which a vacation is taken by a member, that day shall be charged to holiday pay rather than annual leave. 7.6 Work During Vacation Period 8 Page I 7.6.1 Any member who is requested to and does work during his vacation period will not lose his/her vacation time for those hours worked. This also applies to call back for court. ' I'! 7.6.2 Members who are required to return from vacation travel or must cancel prepaid non-refundable travel reservations due to departmental demand will be refunded reasonable expenses for travel or such prepaid reservations. Such expenses for member's immediate family dependents may be given consideration for reimbursement. Where control or cause of the cancellation or return is outside the j` Sheriff Department,reasonable expenses may be refunded. 7.7 Any member who is laid off, discharged, retired or separated from the service of the employer for any reason prior to taking his vacation, shall be compensated in cash for the unused vacation he has accumulated at the time of separation. ARTICLE 8 - SICK LEAVE 8.1 Eligibility and Accumulation 8.1.1 Members in paid status for any portion of the month shall earn sick leave at the rate of one eight(8)hours per month. 8.1.2 Sick leave may rollover to a total of one thousand four hundred forty(1440)hours. 8.2 Allowance 8.2.1 Any member contracting or incurring any sickness or disability which renders such member unable to perform the duties of his employment shall receive sick leave pay up to the amount they have accumulated. 8.2.2 Immediate family shall consist of spouse, State Registered Domestic Partner, parent, step-parent, child (biological, adopted, step or foster) regardless of age or dependency status, brother, sister, grandparent, father-in-law, mother- in-law, brother-in-law, sister-in-law, daughter-in-law, son-in-law, grandchildren, or more distant relative if living as a member of the member's immediate household. Domestic Partner Members who have registered with the Secretary of State a Domestic Partner. Members who divorce spouse or terminate Domestic Partner must notify employer with 30 calendar days of the effective date of divorce/termination or may be subject to discipline. f Page is 8.3 Unused Sick Leave Members shall be compensated in cash for 50% of all accumulated unused sick leave upon retirement, death, or separation after 20 years of continuous service with the Sheriffs Department. In the event of death, payment is to be made to the estate of the member. In " the event of payment for separation after 20 years of continuous service, no payment will be made if the separation is as a result of a disciplinary procedure. 8.4 Sick Leave Use When Association Member Suffers an Industrial Injury When a member of the Association files a claim with the Department of Labor and Industries (RCW Title 51), which is accepted as a legitimate industrial injury and member is required to utilize their personal sick leave bank to cover the first three days of absence from work as a result of said industrial injury, if necessary County will reimburse the I' member for up to three days of sick leave for these first three days of absence resulting from the industrial injury. ARTICLE 9 - LEAVES OF ABSENCE 9.1 Eligibility Requirements Association members are eligible for leaves of absence. 9.2 Application for Leave Any request for a leave of absence shall be submitted in writing by the member to his immediate supervisor. The request shall state the reason the leave of absence is being requested and the approximate length of time off the member desires. Any request for a leave of absence shall be answered promptly and in writing. 9.3 Types of Leaves 9.3.1 Civic Duty 9.3.1.1 Any necessary leave shall be allowed by the Sheriff to permit a member to serve as a member of a jury, or to take examinations for County positions, or to exercise his/her other obligatory civil duties. Members called for jury duty who are not selected for a jury shall return to work when released by the court. Each member who is granted such jury duty leave, and who, for the performance of the civic duties involved, receives any compensation, shall be paid by the County for the time he/she is absent from work upon turning in to the County the compensation received for such jury duty_ Should a member be called for jury duty, the County may request the court to excuse him/her. 10 Page .. . ............ .. .. .. ...... ............ . ......... _ _ _ _ _ r-; 9.3.1.2 Any necessary leave may be allowed by the head of a department to permit a member to exercise his/her voluntary civic duties. Such leave shall be without pay. 9.3.2 Parental Leave Parental leave will be granted in compliance with the Federal and State laws. 9.3.3 Other Leaves Any other leaves may be granted by mutual consent of the employer and the11 member. 9.3.4 Military Service Every member of the Sheriffs Department who is a member of the Washington National Guard or of the armed services reserve of the United States shall be entitled to and shall be granted military leave of absence from such employment for a period not exceeding Twenty-one (21) working days during each calendar year. Such leave shall be granted in order that the persons may take part in active training duty in such a manner and at such a time as he may be ordered to active training duty. Such military leave of absence shall be in addition to any vacation or sick leave to which the member might otherwise be entitled and shall not involve I. any loss of rating privileges or pay. During the period of military leave not to exceed Twenty-one (21) working days per year, the member shall receive from the County his regular rate of pay for his permanent classification. 9.4 Unpaid Leave of Absence-Impact on Benefits 9.4.1 Members on an unpaid leave of absence must be in a pay status for more than one half (1/2) of their scheduled workdays during the month to earn credit for paid leave time; benefits based on length of service or group insurance coverage. Members on an unpaid leave of absence will be allowed to continue their insurance benefits up to six (6) months by personally paying all premiums in accordance with procedures established by the County Auditor. 9.4.2 The provisions of the paragraph above shall not apply to members on an unpaid leave of absence due to a compensable industrial accident. 9.5 Federal Family Medical Leave Members who take leave time under the provisions of the Federal Family Medical Leave Act of 1993 shall be required to use all available annual leave and sick leave prior to taking any unpaid leave. Association member may elect to preserve up to 22 days of accumulated sick leave from the requirements of this section. 11 .Page 9.6 Bereavement Leave entitles a member up to three (3) working days off with pay, not chargeable to sick leave balance if a member suffers a death of a member of his/her immediate family as defined below. Bereavement leave in the case of a spouse or a child is allowed up to ten (10) working days. In addition to the above an additional two (2) working days may be authorized if travel time is needed for out-of-town funerals. To be considered out-of-town, the employee must travel more than one hundred and twenty-five (125) miles outside of Spokane County. Bereavement leave can be utilized over a six (6) month period after the death. If the employee requires additional bereavement time, they may request additional time off chargeable to compensatory time, annual.leave, or PTO. is IMMEDIATE FAMILY: Shall be defined as the follows: Spouse, state Registered Domestic Partner,parent, step-parent, child(biological, adopted, step or foster), regardless of age of dependency status, sibling, grandparent, grandchild, father-in-law, mother-in- law, brother-in-law, sister-in-law, daughter-in-law, son-in-law, or a more distant relative if living as part of the employee's immediate family. 9.7 Kelly Days 9.7.1 Members of the Association may be assigned to the Patrol Division as a Shift Commander and will work 12 hour shifts that correspond to the particular platoon assignment they are responsible for. 9.7.2 Members of the Association on 12 hour shifts will have discretion to flex their work hours to meet the demands of their duty assignments. 9.7.3 The County agrees to give members of the Association working 12 hour shifts one Kelly Day per month in exchange for 10 hours of training time per quarter of the calendar year. 9.7.4 Each member of the Association who receives aforementioned Kelly Days will be responsible for the scheduling of the training days, preferably with one of their assigned platoons. 9.7.5 Should a member miss training in a designated training quarter they will not receive a Kelly Day in the first month of the next quarter. 9.7.6 The 10 hour training day can only be used for department training or other needs of the department. ARTICLE 10 - WAGES AND OVERTIME 10.1 Wage Schedule The base salary of an entry level Lieutenant shall be 27.87% above the base salary of a top step Sergeant in the Spokane County Deputy Sheriff's Association (SCDSA). Subsequent pay increases will be adjusted according to the below formula effective on the same dates of salary increases granted to the top step Sergeant. Progressions for Lieutenants will be as follows: First six months—27.87% above top step Sergeant Next 6months—Step 6 of the range 12 , Page Next 6 months Step 7 of the range After 12 months in Step 7, an additional pay of 5.12%will be paid11 The adjustment of 27.87% between entry level Lieutenant and top step Sergeant will be made in accordance with the current Spokane County Deputy Sheriffs Association Contract. The differential will be effective on the same day for this bargaining unit as it is effective for the DSA. 10.2 Pay Period The salaries and wages of members shall be paid semi-monthly 10.3 Longevity LCA members shall receive 3.7% as a longevity incentive. The longevity percentage is included as part of the 27.87%pay differential between top step Sergeant and bottom step Lieutenant. 10.4 Premium Pay County agrees to pay full Long-Term Disability premium. This will be set up as premium pay. County's Contribution will be capped at 2015 rates with employee contributing the balance. 10.5 Shift Incentive Pay 10.5.1 Day Shift consists of any shift that is scheduled to end between the hours of 1000 and 1800. 10.5.2 Swing Shift consists of any shift that is scheduled to end between the hours of 1801 and 0200. 10.5.3 Graveyard Shift consists of any shift that is scheduled to end between the hours of 0201 and 0959. 10.5.4 Shift Incentive pay will consist of 1% of Lieutenants current rate of pay for all members assigned to a shift defined above as Swing Shift and 2% of Lieutenants current rate of pay for all members assigned to a shift defined above as Graveyard Shift. 10.5.5 Shift Incentive pay will be calculated based on Lieutenant current rate of pay, not to include the enhancement pay, for the ranks of Civil Service Lieutenant and Captain. 10.5.6 Injured members and Shift Incentive Pay (SIP): Anytime an injured member is returned to work in a modified duty status and moves from a shift that provides shift incentive pay to a shift that does not, the incentive pay stops. Likewise, if the member returns to modified duty and continues this work on a shift that does pay the incentive, then the member would continue to receive the incentive. 10.5.7 If a member is on an extended absence due to an illness or injury and not working at all, the SIP would continue until she/he returns to working on a shift, modified duty or otherwise, that does not qualify for SIP. 13 Page li- 10.6 Members that are assigned to any specialty unit that receives specialty pay shall receive. the same specialty pay as those members of that specialty unit that are in good stand i n g. If a member is assigned to two or more specialty units that receive specialty pay, that member shall receive the specialty pay that is highest among the units that member is assigned to. The effective date of this section is upon ratification of this Agreement. 10.7 On call Lieutenants shall be paid as follows: All members shall receive 5.55%* for on-call pay. This percentage is included in the 27.87%pay differential between top step Sergeant and bottom step Lieutenant. * The 5.55%includes 0.75%in recognition of the removal of the Executive Command staff being removed from the on-call rotation. If the Executive Command staff is re- introduced to the on-call rotation, the on-call percentage that the Lieutenants receive will be reduced by 0.75%. 10.7.1 If a member of the LCA works in excess of seven (7) on-call shifts the LCA member shall be paid in the following manner: 10.7.1.1 One and one half (1.5) hours of pay at the regular rate of pay for each eight (8) hours that the employee is required to remain on call. 10.7.1.2 Two and one half(2.5) hours of pay at the regular rate of pay for each eight (8) hours that employee is required to remain on call during any holiday. 10.7.2 Emergency On-Call 10.7.2.1 The On-Call start times, end times, and the needed members of the LCA will be determined by the Sheriff in direct response to the noted emergency, based on the needs of the agency. The compensation for the On-Call requirements will follow the current CBA (CBA section 10.7) On-Call Lieutenants shall be paid as follows. 10.7.2.2 One and one half(1.5) hours of pay at the regular rate of pay for each eight(8)hours that the employee is required to remain on call. 10.7.2.3 Two and one half(2.5) hours of pay at the regular rate of pay for each eight (8) hours that employee is required to remain on call during any holiday. If the employee is required to work during the On-Call period, they shall be paid an overtime wage that will follow the current CBA (section 10.9) of an hour for hour for anytime outside of their scheduled work hours. Nothing in the agreement shall be interpreted as indicating any member of the LCA is not an exempt salaried employee within the Fair Labor Standards Act. Moreover, the parties agree that all bargaining unit employees are salaried exempt employees within the meaning of such act. 14 Page fl 10.8 Methods of Salary and Wale Payment Direct Deposit The standard, default method of payment for salary and wages is by electronic transfer to. the employee's designated financial institution. The employee is responsible for informing the county of any changes in their designated financial institution. Pay advices will be available to all employees in accordance with federal and State employment law and regulations. A check (warrant) will be printed and delivered(or mailed)to the employee only in the following situations: a) The last paycheck coinciding with or following separation from employment; b) A paycheck produced solely to correct an error; or c) A paycheck mailed to the employee only if the employee does not maintain an account at a fmancial institution. The employee must designate a mailing address and sign an acknowledgement that the check will be mailed using USPS on payday. The employee is responsible for informing the county of any changes in their mailing address. 10.9 Overtime For approved overtime work, Lieutenants shall be paid on an hour for hour basis after working their scheduled work shift of either eight or ten hours. Nothing in this section shall be interpreted as indicating any bargaining unit employee is not an exempt salaried employee within the meaning of the Fair Labor Standards Act. Moreover, the parties agree that all bargaining unit employees are salaried exempt employees within the meaning of such act. Overtime must be approved by a member of the Command Staff prior to the time worked when possible. Lieutenants may be allowed to use the overtime hours as compensatory time during the payroll cycle. Such use of this time in a compensatory capacity shall be with the approval of the Lieutenant's superior. Overtime shall be paid during the no'inal payroll cycle. Labor Management meetings may be scheduled to ensure the intended application of this provision is met. Such Labor Management meetings will be with Command Staff, Lieutenants & Captains Association representatives and Human Resources. Accrual of compensatory time off shall not exceed eighty (80) hours. Compensatory time off must be used within one hundred and eighty (180) days from the time it was earned. Payment of any accrued compensatory time, up to eighty (80) hours, will occur when the employee separates employment. 15 Page s?i Overtime worked and approved by the Sheriffs Department shall be reported monthly to the Sheriff and a copy will be provided to the Human Resources Manager for tracking purposes. 10.10 Education Incentive All members who have an Associate, Bachelor, or Master degree, shall receive an annual incentive that is to be paid out on the first pay period following January 1. Members shall be eligible to receive one(1)of the incentives. The incentive shall be as follows: Associate Degree= $3,000.00 - Bachelor Degree= $4,000.00 - Master Degree= $5,000.00 The degree must be from an accredited institution and the final deteirnination shall be made by the Sheriff. 10.11 Matcbini Deferred Compensation Effective the first full pay period following July 1, 2022, the County will provide a matching contribution to the employee's Deferred Compensation account of up to 1%. ARTICLE 11 - SENIORITY 11.1 Seniority shall be defined as follows: 11.1.1 Total length of service within job classification. 11.1.2 Total length of unbroken service with the Sheriffs Depai dent. 11.2 For the purposes of computing seniority, all authorized leave shall be considered as time worked. Voluntary unpaid leaves of absence shall not be considered time worked. Members who are laid off as a result of a reduction in positions and who are subsequently reinstated shall retain their full seniority except for such period of layoff. 11.3 Disciplinary suspensions shall not adversely affect seniority. ARTICLE 12 - DISCIPLINE AND DISCHARGE 12.1 Discipline Disciplinary action or measures shall be appropriate for the offense and shall include only the following: 12.1.1 Oral reprimand 12.1.2 Written reprimand 12.1.3 Suspension(Notice to be given in writing within twenty-four(24) hours of action). 16 € Page 12.1.4 Demotion 12.1.5 Discharge (Notice to be given in writing within twenty-four(24)hours of action). 12.2 Any disciplinary action or measure above a written reprimand imposed upon a member may be processed either through the regular Civil Service procedures or the contractual grievance procedure but not both. 12.3 Just Cause The employer shall not discharge or otherwise discipline any member without just cause. 12.4 Grievance and Arbitration Procedure Any grievance (a complaint of an alleged violation of a specific term of this agreement) or dispute which may arise between the parties involving the application, meaning or interpretation of this Agreement shall be settled pursuant to Article 12.6— 12.13: To be considered a bona-fide grievance the alleged violation must contain the following: 12.4.1 The specific contract provision violated. 12.4.2 The specific action(s) that occurred that violated the contract provision listed above. 12.4.3 How that action violated the specific terms of the agreement. 12.4.4 When the violation is to have taken place. 12.4.5 Where the violation is to have taken place, if appropriate. 12.4.6 A brief description of the events surrounding the violation. 12.4.7 The remedy sought. 12.5 Agreement of Parties to Meet 12.5.1 Both parties agree that they will meet at each step of the Grievance Procedure to reach a settlement and any grievance settled by the signatory parties thereto in any of the following steps is final and binding. 12.5.2 Any member of the Spokane County Sheriffs Office, who has been identified in an administrative complaint, has the ability to request a meeting with the Sheriff. This does not preclude the complaint from being resolved prior to any meeting occurring. 12.6 STEP 1. The member or the Association Official may take up the grievance or dispute with the member's division head within-ten (10) calendar days of its occurrence. If at that time the member or Association Official is unaware of the grievance, they shall take it up within ten (10) calendar days of the date they should have known of its occurrence. The division head shall then attempt to adjust the matter and shall respond to the Association Official within ten(10) days. 12.7 STEP 2. if the grievance still remains unadjusted, it shall be presented by the Association Official and/or grievance committee to the Sheriff or his designated representative in 17 `. Page writing within ten (10) calendar days after the response of the division head is due. The Sheriff or his designated representative shall respond in writing to the Association Official and grievance committee within ten(10) calendar days. 12.8 STEP 3. If the grievance is still unsettled and concerns a subject that is not within the exclusive authority of the Sheriff, it shall be presented by the Association to the County Labor Relations Manager or Human Resources Director within ten (10)working days after the response of the Sheriff is due. The County Labor Relations Manager or Human Resources Director shall schedule a meeting with the Association and respond to the Association within ten(10) working days. 12.9 STEP 4. If the grievance is still unsettled, either party may within ten (10) calendar days after the reply of the Sheriff or County Human Resources Manager or Human Resources Director is due,by written notice to the other, demand arbitration. 12.10 For all non-disciplinary grievances, the arbitration proceeding shall be conducted by an arbitrator to be selected by the employer and the Association within ten (10) days after ; notice has been given. If the parties fail to select an arbitrator, the Public Employees Relations Commission (PERC) shall be requested by either or both parties to provide a panel of nine (9) arbitrators. The first strike shall be determined by a coin flip. Each side shall alternatively strike names until a single arbitrator remains. The remaining person shall be the arbitrator. The decision of the arbitrator shall be final and binding on the parties, and the arbitrator shall be requested to issue his decision within thirty (30) days after the conclusion of testimony and argument. 12.11 For all disciplinary grievances that remain unresolved at Step 4, the arbitration proceeding shall be conducted by an assigned arbitrator as outlined in RCW 41.58. The decision of the arbitrator shall be final and binding on the parties, and the arbitrator shall be requested to issue his decision within thirty (30) days after the conclusion of testimony and argument. The final decision, with the grievant and witness name(s) redacted, shall be posted on the Commission's website within thirty(30)days of the final decision being made. 12.12 Expenses for the arbitrator's services and the proceedings shall be borne completely by the party who receives the unfavorable decision. The arbitrator shall denominate who that party is in his/her award. However, each party shall be responsible for compensating its own representatives and witnesses. If either party desires a verbatim record of the proceedings, it may cause such a record to be made providing it pays for the record and makes copies available without charge to the other party and to the arbitrator. 12.13 Grievances initiated by the employer shall be processed in this same manner, but they may be initiated at either Step 1 or Step 2. 12.14 Time frames may be extended or waived by written,mutual agreement of the signatory parties. 18 E Page Grievance Committee 12.14.1 The purpose of the grievance committee meeting will be to adjust pending grievances and to discuss procedures for avoiding future grievances. In addition, the committee may discuss with the employer other issues which would improve the relationship between the parties. 12.14.2 In the processing of a grievance, the committee should be limited to a total of three(3) members. 12.15 Processing Grievances During Working Hours Grievance committee members may, with the approval of the supervisor, investigate and process grievances during working hours without loss of pay. ARTICLE 13 - STRIKESLOCKOUTS AND 13.1 Lockouts No lockout of members shall be instituted by the employer during the teiiii of this Agreement. 13.2 Strikes No strikes, slow downs, refusal to cross picket lines or disruptions of work of any kind, during any members work hours, shall be caused or sanctioned by the association or by individuals covered by the bargaining unit. Participation in such activities shall be cause for disciplinary action up to and including discharge. ARTICLE 14 - AUTHORIZED AGENTS For the purposes of administering the terms and provisions of this Working Agreement: 14.1 The County's principle authorized representative shall be the County Employee & Labor Relations Manager or his/her duly authorized representative (Address: 824 N. Adams Street, Spokane, WA 99260, Telephone: (509) 477-2880) except where a particular County representative is specifically designated in connection with the performances of a specific function or obligation set forth herein. 14.2 The Union's authorized representative(s) shall be the President of the Lieutenants and Captain's Association or duly authorized representative (Address: 1100 W Mallon, 1st Floor, Spokane, WA 99260,Telephone: County assigned phone number. 19 ! Page ARTICLE 15 - GENERAL PROVISIONS 15.1 Pledge Against Discrimination and Coercion 15.1.1 Both parties agree that the provisions of this Agreement shall be applied equally to all members in the bargaining unit without discrimination as to age, sex, sexual orientation, marital status, race, creed, national origin, political affiliation or their status as a qualified individual with a disability. 15.1.2 All reference to members in this Agreement designates both sexes and wherever the male gender is used it shall be construed to include male and female members. 15.1.3 The employer agrees not to interfere with the rights of members to become members of the Association and there shall be no discrimination, interference, restraint, or coercion by the member representative against any member because of Association membership or because of any Member activity in an official capacity on behalf of the Association. The Association recognizes its responsibility as bargaining agent and agrees to fairly represent all members in the bargaining unit without discrimination, interference,restraint or coercion. 15.2 Union Activities on Employer's Time and Premises The employer agrees that during working hours, on the County premises, and without loss of pay, Association representatives shall be allowed to: 15.2.1 Post Association notices. 15.2.2 Attend negotiation meetings. 15.3.3 Transmit communications, authorized by the local Association or its officers to the employer or his representative. 15.4.4 Consult with the employer, his representative, local Association officers, or other Association representatives concerning any provisions of this Agreement. 15.3 Time Off for Association Business 15.3.1 Upon the approval of the Sheriff, one Association official and such Association legislative officials as agreed upon by the Association and Sheriff, will be allowed time without loss of pay to attend official Association conferences, Association legislative conventions and state or national conferences pertaining to training in labor issues concerning administration of the labor agreement, not to exceed five (5) days, each official, for each conference or convention. 15.3.2 It is agreed the employer has the right to refuse paid time off if the above time is to be used for lobbying or legislation contrary to the Sheriffs stated position. 20Page 1,1 15.4 Work Rules The employer agrees to notify the Association of any changes in existing work rules fifteen (15) working days prior to implementation in order that a Labor/Management meeting may be set to review the changes and alternatives if appropriate. The fifteen (15) working day notice shall not be required in case of emergency. 15.5 Equipment The County will continue to furnish such equipment as it has customarily furnished in the past, and whenever possible furnish additional equipment that will promote the safety and welfare of the Department members and aid in the efficient performance of their duties. 15.6 Clothing Allowance ;. 15.6.1 The County will provide a clothing allowance at the same rate as the Deputy Sheriff's Association for each and every member of Lieutenant and Captain Association. 15.6.2 When the employer mandates a change in uniform, the employer shall provide the initial issue unless the Member is allowed to continue using the obsolete article(s) until no longer serviceable. 15.7 Personal Property 15.7.1 The Spokane County Sheriff's Office will reimburse members for equipment and clothing (necessary for performance of their duties and required by the office), which are damaged in the course of duty. Equipment will be replaced at current replacement value. 15.7.2 The Spokane County Sheriff's Office will not replace any item damaged due to the member's negligence. 15.7.3 Nothing in this section is meant for the County to repair or replace damaged or destroyed property if the payment can be secured by the court. 15.8 Liability Coverage The County agrees, whenever any action, claim or proceeding is brought or instituted against any Sheriff's Deputy arising from acts or omissions while such Deputy is performing within the "scope of members authority" to authorize the defense of the action or proceeding at the expense of the County, and if any money judgment against such officer or member is entered, to pay such money judgment. 71 E .Page ARTICLE 16 - MEDICAL, DENTAL, LIFE INSURANCE, LTD Any changes in medical, dental,vision, and/or life insurance(including,without limitation, changes in employee premiums or co-pays,plan changes, and/or plan design) agreed to by the DSA or awarded in arbitration,will be incorporated into this agreement and effective for the LCA at the same time that they become effective for the DSA.If the DSA receives any additional benefits, compensations, and/or incentives in exchange for the changes,the LCA will receive the same benefits,compensation, and/or incentives the DSA received. The Association agrees to comply with the same provisions of SB-5975 as the Deputy Sheriffs Association. Medical Benefits—The County agrees to maintain current level of benefits with the ability to open medical benefits during term to meet with the Union regarding benefits changes, introduction of alternate medical plans and any item that will assist both the County and the Union to consider cost containment issues. Any modifications to the medical benefits during the term of this agreement shall be by mutual agreement only. 16.1 The Employer agrees to provide two (2)medical plans and two (2) dental plans; Preferred Provider Plans (PPO) and a Health/Dental Maintenance Organization(HMO/DMO). 16.2 The Employee's monthly premium share for the PPO or HMO/DMO medical, dental and vision plan will be based on the following percentages of the total cost of the coverage: Employee 5% Employee& Child(ren) 10% Employee& Spouse 10% Full Family 10% 16.3 Employee's monthly premium sharing costs will be set up to be paid with pre-tax dollars unless IRS laws prohibit this in the future. The employee's monthly premium share will be split over the two pay periods in the month. 2 r Page 16.4 The major elements of the medical plans shall be as follows: (HMO) Kaiser Permanente (PPO) Preferred Provider Plan $200 Deductible $500 Deductible 90%Coinsurance 80/60% Coinsurance $30 Office Visit Co-pay $30 Office Visit Co-pay $1,000 Coinsurance max+Deductible $2,000 Coinsurance max+Deductible 15/ 30/50.RX Retail 15/ 30/$50 RX Retail Order Mail RX x 2 x RX Mail Order 2.5 Mandatory Generics Mandatory Generics $150 ER Co-pay $150 ER Co-pay $150 Vision Hardware Covered in Full Up to$300 Calendar Every 24 months Year Maximum 16.5 In the event that the premium for the plan selected by the member for the member and dependents, if any, is less than the Employer's maximum contribution, the difference shall remain in the designated self-insured medical fund. 16.6 The Employer further agrees that the level of coverage provided by the PPO and/or HMO shall not be reduced during the term of this agreement even in the event that the carrier of said coverage is changed. 16.7 Eligibility 16.7.1 No double coverage (applies to Medical and Dental)which means: • Regarding Medical: Each member and spouse will remain on their own medical plan and dependents, if any, will be enrolled on the parent's plan whose birthday falls first in the year unless otherwise notified. • Regarding Dental: If both member and spouse select the same dental plan, the member, spouse and all dependents, if any, will be enrolled on the member's plan whose birthday falls first in the year unless otherwise notified. If married members each select a different plan, then the member and spouse will remain on their own dental plan and dependents, if any, will be enrolled other member's plan whose birthday falls first in the year unless otherwise notified. 16.7.2 Members separating from service between the I and the 15th of the month shall retain their coverage through the end of the month. Those members separating between the 16th and the end of the month shall retain their coverage through the end of the following month. ")3 Page 16.8 Life Insurance The employer agrees to provide and pay the full premiums for a $25,000 Member Life Insurance Policy. Supplemental life insurance is available at the member's option and eligibility. The expense of the supplemental insurance is that of the member. 16.9 Lone-Term Disability See Section 10.4. ARTICLE 17 - SAVINGS CLAUSE Should any Article, Section, or portion thereof, of this Agreement be held unlawful and unenforceable by any court of competent jurisdiction, such portions thereof directly specified in the decision; upon issuance of such a decision, the parties agree immediately to negotiate a substitute for the invalidated Article, Section or portion thereof. ARTICLE 18 - SUPPLEMENTAL AGREEMENT This Agreement may be amended, provided both parties concur. Supplemental Agreements may be completed through negotiations between the parties at any time during the life of the Agreement. Should either party desire to negotiate a matter of this kind, it shall notify the other party in writing of its desire to negotiate. Supplemental agreements thus completed will be signed by the responsible Association and County officials. Supplemental agreements thus completed shall become a part of the Agreement and subject to its provisions. 24 i Page i 1 I ARTICLE 19 - TERMINATION s 1' This Agreement shall be effective as of the 1st day of January,2022 and shall remain in full force and effect through the 31 st day of December,2024. Negotiations for a successor Agreement shall s begin in accordance with the provisions of RCW 41.56.440. IN WITNESS WHEREOF,the parties hereto have set their hand this /Slit,day of __ICeLenziztajny-A-2z. , FOR THE ASSOCIATION: FOR HE EMPLOYER: 1 Khr) Th mpson, President Al Frenc Lieutenants and Captains Association County Commissioner lAdtteitj )4UL./ 7corfr Richard Gere,Vice President Josh Kerns I' Lieutenants and Captains Association County Commissioner li/( Mary y / U County Co issioner (� e • e ' HUMAN RESOURCES: �4 f •h• y ango HR, it ctor L. Jos ua Groat Employee& L or Relations Director WORKING AGREEMENT between, SPOKANE COUNTY, the SPOKANE COUNTY SHERIFF'S OFFICE,and the SPOKANE COUNTY LIEUTENANTS AND CAPTAINS ASSOCIATION,January 1, 2022 through December 31, 2024. APPENDIX A—SHERIFF LIEUTENANT'S RIGHTS IN DISCIPLINE INVESTIGATIONS AND PROGRESSIVE DISCIPLINE TIMELINES Individual rights of employees with the Spokane County Sheriff's Office shall not be violated. To insure this, the followingshall represent the Spokane CountyLaw Enforcement p p Officer's Bill of Rights. Hereinafter,a law enforcement officer covered by this agreement shall be referred to as"Employee." I. ADMINISTRATIVE INTERNAL INVESTIGATIONS 1. An employee shall be entitled to representation from the Spokane County Lieutenant's and Captain's Association or its designee at each step of the disciplinary process as set forth in Lexipol Policy 1020 Personnel Complaints. In addition, an employee may also have legal representation at his/her own expense or the expense of the LCA. The employee will be given time to consult with any of the persons prior to the interview/interrogations, on a reasonable basis. 2. Prior to the interview/interrogations, the Employee will be advised of the nature of the interview/interrogation, i.e.,Administrative or Criminal in nature. 3. Before an employee may be dismissed, demoted, suspended,transferred for disciplinary reasons, or have any written disciplinary action, including written documentation of an oral reprimand, placed in any type of administrative file, a full and complete investigation in the allegation(s) of misconduct will be conducted. If disciplinary action results the employee shall have the right to an in person hearing before the Sheriff. 4. The administrative interview/interrogation shall be conducted at a reasonable hour, preferably when the employee is on duty unless the exigencies of the investigation dictate otherwise. Where practical, interviews shall be scheduled for the daytime. Employees will be given at least 72 hours' notice prior to any interview/interrogations taking place. This notice shall include a provision stating that investigation is an administrative, as opposed to criminal, investigation. However, employees may waive this notice and agree to be interviewed at any time. 5. Employees shall be compensated if the interview/interrogation occurs off-duty, at the appropriate overtime rate of pay. 6. The interview shall take place at the Spokane County Sheriff's Office facility, except when deemed inappropriate by the investigator, and the interview/interrogation session shall not be overly long, and the employee shall be entitled to reasonable intermissions for personal necessities, phone calls, meals, and rest periods. 7. Employees are required to cooperate with the internal disciplinary process and answer fully and in a truthful manner all questions posed by a superior officer, supervisor or administrative investigator. Employees being interviewed/interrogated shall be informed that failure to answer questions directly related to the investigation may result in disciplinary action, which includes termination. 8. The employee under administrative investigation shall be informed of the name and rank of the assigned investigator and all persons present during the interview. 24 Page 9. The Association representative has the right to active, non-disruptive participation, to include: a. Making objection to improper or unlawful questions; b. Asking clarification of questions that are unclear; c. Offering additional evidence at the/an appropriate time in the proceeding; and, d. Requesting breaks for the employeewh when necessary 10. Prior to being interviewed,the accused employee will be: a. Allowed to read the citizen written complaint(if received); b. Informed of the nature/scope of the complaint/investigation;and, c. Informed of the identify of complainant/witness(s) 11. Employees shall not be promised any reward as an inducement to answer questions. In addition, the tone or mechanics of the interview will not be designed to foster harassment or"badgering." Any employee being interviewed/interrogated shall not be threatened with transfer, dismissal, suspension, or disciplinary action, nor shall any employee be coerced or intimidated or suffer any reprisals either directly or indirectly that may adversely affect his hours, wages, or other terms and condition of employment as a result or the exercise of his rights under this Agreement. 12. A complete record shall be kept of any interview/interrogation. A copy of the record shall be available to the employee and/or his/her counsel and/or Association representative upon request and without charge. The administrative interview may be sound recorded or video recorded at the employee's request or employer's discretion. Each party shall be responsible for supplying their own audio-visual equipment. 13. The Employer may not insert any adverse material into any file of the employee unless the employee has had an opportunity to review and receive a copy of the material, and to respond in writing to the alleged violation(s). The employee may waive these rights 14. In all investigations, the employee shall be considered innocent unless the allegations are substantiated. 15. These rights extend to all subjects involved in the investigation, i.e., subjects of the investigation and witnesses. II. CRIMINAL INVESTIGATIONS 1. If the investigation is criminal in nature, the employee will be advised of the criminal nature of the investigation. The employee will be afforded the same Constitutional rights and responsibilities as any other citizen. 2. In all investigations,the employee shall be considered innocent until proven guilty. 3. Investigations will be conducted in accordance with State and Federal law. 25 . Page III. GENERAL RIGHTS • 1. If the employer has reasonable cause to question an employee's fitness for duty, the Employer may require the employee to undergo a physical or psychological examination to determine continued fitness for duty., in accordance with Policy 1032. If the employee disagrees with the results of such examination, or the results of the first examination indicate that a further examination is required, then either the employee or employer may require a second -' examination. Should the findings and recommendations of the examining physicians significantly differ, a third opinion from a qualified physician selected jointly by the two physicians may be obtained. In lieu of this third opinion, the employer, Association and affected employee may choose to conduct a Physical Capacity Exam. The Employer, Association and affected employee, shall follow the third opinion or the Physical Capacity Exam, whichever is applicable. The first and, where applicable, third examination or Physical Capacity Exam shall be paid for by the employer and the second examination shall be paid by the employee, unless the injury or claimed deficiency is a result of an on-duty situation or is covered under Labor and Industries Laws. if the employer requires a second examination the cost of the examination will be that of the employer. 2. Except where obligated by law or with prior written consent of the affected employee, the County will not release information which is not otherwise a public record from an employee's administrative/personnel files to any third party not associated with or acting on behalf of the County. Where law requires release, the employer will make a reasonable effort to notify the employee prior to release of information. 3. Oral reprimands will not be used as the basis for further disciplinary action after twelve (12) months if there have been no repeated offenses concerning the same matter as the reprimand. 4. Written reprimands will not be used as the basis for further disciplinary action after twenty-four (24) months if there have been no repeated offenses concerning the same matter as the reprimand. 5. Suspension, demotion or any other discipline will not be used as the basis for further disciplinary action after sixty (60) months if there have been no repeated offenses concerning the same matter as the discipline. 6. Members have the right to review their files on an annual basis. Members may request a document in their administrative files be removed from their files. 7. No employee shall be required to disclose any item of his or her, or a member of his or her family or household's, property, income, assets, source of income, debts, or personal or domestic expenditures unless that information is necessary in investigating a possible conflict of interest with respect the performance of his or her official duties, or unless the disclosure is required by law. S. Any employee who has been involved in the use of deadly force shall have the right to consult with an attorney prior to giving a statement about the incident involving the use of force. 26 I Page 9. All investigations will be completed in a timely manner, not to exceed 60 days. At the completion of the investigation the Employee will be notified in writing of the result of the investigation. In the case of a complex investigation that may exceed the time limit,the employee will be notified of the extension and approximate time needed to conclude the investigation. 10. No statute may abridge nor may the Spokane County Sheriff's Office adopt any rule or regulation, which prohibits the right of a law enforcement officer to bring suit arising out of his or her duties as a law enforcement officer. 11. Unless otherwise described herein, all investigations will be conducted in accordance with State and Federal law. J 27 I Page APPENDIX B—LAG(NORMAL) PAY The employees shall be paid in accordance with the County's payroll schedule. The County will implement a County wide lag pay system no earlier than January I., 2023 or December 31,2023. A six(6) month notice will be provided to the bargaining unit prior to implementation. - If implemented on January 1, 2023, the first pay period will be as follows: Start January 1 through pay end date January 14,2023.Employees will be paid on January 20,2023. (a one-time, 7 day delay in pay checks being issued) - If implemented on December 31, 2023,the first pay period will be as follows: Start December 31, 2023 through pay end date January 13,2024. Employees will be paid on January 19,2024 (a one-time, 5 day delay in pay checks being issued). - Once the lag pay system is implemented, employees will be paid bi-weekly on every other Friday. - Pay periods will always be a 14 day period. - The number of yearly pay periods will be changed from 24 pays to 26 pays. - In recognition that this change could have an impact on employees, options that may be offered to the employees to bridge this delay will be: o The ability to do a one-time cash out of accrued Vacation or Comp time up to forty (40) hours. o Ability to take out a 0% interest loan out that will be repaid during the course of their employment or upon separation. o If any other options are developed at the time of implementation,the options will be offered to the members of this bargaining unit. - If there is a delay implementationbargaining in the for this bar ainin unit, at least 60 days notice will be given with the new anticipated implementation date. 28 Pao CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: June 7,2022 Department Director Approval: Check all that apply: ❑consent ❑old business ❑new business ❑public hearing ❑information ®admin.report ❑pending legislation ❑executive session AGENDA ITEM TITLE: Administrative report—Splashdown 2022 lease amendment. GOVERNING LEGISLATION: RCW 35.A.11.020; SVMC 3.49.020(D). PREVIOUS COUNCIL ACTION TAKEN: May 19, 2009: Council approved agreement with Splashdown;May 15,2012:update on Splashdown financial situation and current economy;May 22,2012: Council approved lease amendment consistent with signed agreement letter; May 29, 2018: admin report on the contract and new owners;June 5,2018 Council approved a lease agreement with"New Splash-Down Concessions, Inc." (Splashdown);July 21,2020 motion approved to amend the 2020 lease; July 28,2020: contract amendment approved (amendment due to Covid-19 impact); May 4, 2021 admin report on amending the lease;May 11,2021 motion approval to amend the lease for 2021. BACKGROUND: The City has had a series of lease agreements with Splashdown since the City approved the first agreement with Splashdown May 19, 2009. The current lease agreement was executed in June 2018 when the Bleasner family came back into ownership of the facility, which operates on City park property at Valley Mission Park. The current lease requires Splashdown to pay the City $15,000 annually in three payments of$5,000 each through the summer, along with a leasehold payment due to the County for leasing public property. Additionally, Splashdown is required to maintain certain premises liability coverage for any claims that may be made,in order to protect the City's interests. Due to the COVID-19 pandemic,the owners of Splashdown requested and Council approved amendments to the lease requirements for 2020 and 2021. Splashdown was not able to open in 2020 or 2021 due to the pandemic. As such, Council agreed to not require Splashdown to open and further waived the lease payment for 2020 and 2021. Splashdown will not be able to open in 2022 due to several major factors. As a consequence of being closed since 2019,the facility is in a state of disrepair.There have been numerous instances of vandalism resulting in substantial damage to the facilities. Lastly, due to the death of the managing owner in 2020, there is uncertainty amongst the remaining owners on how to proceed. They are actively attempting to sell the business,which includes the slides and other personal property attachments on the property,but have been unsuccessful to date. The remaining owners of Splashdown are again requesting amendments to the lease agreement similar to the previous two years to give them an opportunity to try to sell the business with the hope it can re-open in the future. If it does sell,the City would seek a lease agreement with the new owner. The proposed lease amendments for 2022 would allow Splashdown to remain closed for 2022,would waive lease payments for 2022, and would waive the requirement for them to have premises liability insurance for this year. In 2020, Washington Cities Insurance Authority (WCIA), the City's liability provider, informed the City that the Splashdown facility could be covered by the City's pool coverage so long as it remained closed, and appropriately signed with "No Trespassing" signs, which has been done. City staff will request that WCIA again provide this coverage if Council agrees to the amendments. If Council wants to consider these amendments, staff would bring this back next week for a motion consideration. Staff is recommending that Council approve these proposed amendments to the lease agreement for 2022,given the circumstances. OPTIONS: (1)Place on a future agenda for motion consideration; or(2)take other action as appropriate. RECOMMENDED ACTION OR MOTION: Consensus to place on a future consent agenda for motion consideration. BUDGET/FINANCIAL IMPACTS: Loss of$15,000 in lease revenue. STAFF CONTACT: Erik Lamb,Deputy City Manager. ATTACHMENTS: Draft Amended Lease Agreement for 2022. DRAFT 2022 AMENDMENT TO THE LEASE BETWEEN THE CITY OF SPOKANE VALLEY AND NEW SPLASH-DOWN CONCESSIONS,INC. Spokane Valley Contract#18-104.3 For good and valuable consideration,the legal sufficiency of which is hereby acknowledged, City and New Splash-Down Concessions,Inc.mutually agree as follows: 1. Purpose: This Amendment is for the lease for New Splash-Down Concessions,Inc.by and between the Parties, executed by the Parties on June 1, 2018, and which terminates on December 31, 2023. Said lease shall be referred to as the"Original Lease"and its terms are hereby incorporated by reference. New Splash- down concessions,Inc.is obligated to pay the City an annual lease payment of$15,000 plus 12.84%of this payment as leasehold excise tax. 2. Original Lease Provisions: The Parties agree to continue to abide by those terms and conditions of the Original Lease and any amendments thereto which are not specifically modified by this Amendment. 3. Amendment Provisions: This Amendment is subject to the following provisions: All such amended provisions are hereby incorporated by reference herein and shall control over any conflicting provisions of the Original Lease,including any previous amendments thereto. COVID-19 significantly impacted the ability of New Splash-Down Concessions,Inc.to operate in 2020 and 2021,resulting in the business being unable to open either year. The City and New Splash-Down Concessions, Inc. entered into amendments to the Original Lease in 2020 and 2021 that allowed New Splash-Down Concessions, Inc. to not open for business, waiving lease payments, and waiving the requirement to obtain premises liability insurance. As a further consequence of being closed in 2020 and 2021,the physical facilities at New Splash-Down Concessions, Inc. have suffered extensive vandalism and the landscaping has become substantially overgrown. Additionally, due to the death of the managing owner in August 2020, there is a lack of certainty regarding future operations by New Splash-Down Concessions, Inc. The remaining family have been actively attempting to sell the business,which leases a portion of Valley Mission Park from the City for its operations. Given these issues,New Splash-Down Concessions,Inc.will not open in 2022. Because New Splash- Down Concessions,Inc.will not open for 2022,the City waives the lease payment for 2022. The City will not require New Splashdown Concessions,Inc.to obtain premises liability insurance for the 2022 season since they will not be open,and the operator shall post at least five no trespassing signs on each of the four fenced sides of the property. 1 DRAFT The parties have executed this Amendment to the Original Lease this day of June,2022. CITY OF SPOKANE VALLEY: NEW SPLASH-DOWN CONCESSIONS, INC. John Hohman By: City Manager Its: APPROVED AS TO FORM: Office of the City Attorney 2 CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: June 7,2022 Department Director Approval: Check all that apply: ❑consent ❑old business ❑new business ❑public hearing ❑information ®admin.report ❑pending legislation ❑executive session AGENDA ITEM TITLE: Administrative report — proposed amendments to SVMC and Appendix B related to Hearing Examiner hearings. GOVERNING LEGISLATION: RCW 35A.63.170; SVMC Title 24; chapters 17.80, 17.90, 18.20 SVMC. PREVIOUS COUNCIL ACTION TAKEN: September 22, 2009 adoption of current Appendix B pursuant to Ordinance 09-023; amended in 2015 by Ordinance 15-026; and in 2021 by Ordinance 21-019. BACKGROUND: The City adopted its current Hearing Examiner (hereafter HEX) system in 2003, adopting by reference the Spokane County HEX Rules of Procedure until 2009, at which point the City adopted chapter 18.20 SVMC,with minor amendments in 2015,2017,and 2021. The current rules were drafted mostly to provide a hearing structure for permit applications that come before the HEX,and do not work well for appeal hearings that are also within the jurisdiction of the HEX. These two types of hearings are quite different, and there were many instances where procedural questions could not be adequately answered by our Code. Sometimes the parties would agree on an approach to resolve the issue,and in other circumstances it was left to the HEX. Staff undertook a comprehensive effort to analyze our existing practices and processes, study how other well-functioning jurisdictions approach such issues, and then staff drafted code amendments and revised rules to address the issues that were being encountered. The draft code amendments and revised rules being discussed were reviewed by the City's Hearing Examiners. Generally,the primary change in the Hearing Examiner Rules of Procedure is to split the rules to address the two different types of hearings— 1)project permit review, such as subdivision approval,and 2) appeal hearings for permit appeals and Code Enforcement appeals. Other changes include: -identifying how and when staff reports are provided,when briefing is due,and who may speak during appeal hearings(appeals are not opportunities for general public comment); - clarifying in various places where it refers to how many days elapse for deadlines,that it is calendar days and not normal work days. This has created confusion in the past; -clarifying HEX authority to take certain actions. Previously,some of these topics have been addressed in the Code,or in the HEX rules,but not in both. This has created confusion in the past; - cleaning up how things are drafted. As generally occurs when staff engages in an in-depth Code review, we identified various provisions where use of more precise language would be helpful in administering the Code for staff, and in understanding the Code for residents; and - additional language was needed regarding how to address inappropriate contact by a party directly to the HEX(ex parte contact). Most importantly,these changes will make our HEX processes and related Code much easier to understand for our residents, particularly when they are not represented by legal counsel when appearing before the HEX. OPTIONS: (1) Place on a future agenda for an ordinance first reading; or (2) take other action as appropriate. RECOMMENDED ACTION OR MOTION: Consensus to place on a future agenda for a first reading. BUDGET/FINANCIAL IMPACTS: None anticipated. STAFF CONTACT:Erik Lamb,Deputy City Manager;Cary Driskell,City Attorney;Tony Beattie,Senior Deputy City Attorney. ATTACHMENTS: Proposed amendments to Titles 17, 18,and 24;proposed new Appendix B. Page 1/51 Chapter 17.80 PERMIT PROCESSING PROCEDURES 17.80.010 Purpose and applicability. A. Purpose. The purpose of Chapter 17.80 SVMC is to establish standardized decision-making procedures for reviewing development and land use applications within the City. Chapter 17.80 SVMC is intended to: 1. Assure Ensure prompt review of development applications; 2. Provide for necessary public review and comment on development applications; 3. Minimize adverse impacts on surrounding land uses; 4. Encourage flexibility and innovation in the design and layout of development proposals; and 5. Ensure consistency with the Comprehensive Plan and development regulations. B. Applicability. Chapter 17.80 SVMC applies to all development applications identified in the SVMC. 17.80.020 Types of development applications. Land use and development applications are classified as follows: A. Type I procedures apply to permits and decisions issued administratively; B. Type II procedures apply to administrative actions that contain some discretionary criteria; C. Type III procedures apply to quasi-judicial permits and actions that contain discretionary approval criteria; D. Type IV procedures apply to legislative matters. Legislative matters involve the creation, revision, or large-scale implementation of public policy; E. Exempt applications defined in SVMC 17.80.040. 17.80.030 Assignment of development application classification. A. Assignment by Table. Land use and development applications shall be classified pursuant to Table 17.80-1 below: Table 17.80-1 —Permit Type and Land Use Application Type Land Use and Development Application SVMC Cross-Reference Type I Accessory dwelling units 19.40 Page 2/51 Type Land Use and Development Application SVMC Cross-Reference Administrative determinations by city manager or Multiple designee or building official Administrative exception 19.140 Administrative interpretation 17.50.010 Boundary line adjustments and eliminations 20.80 Building permits not subject to SEPA 21.20.040 Floodplain development 21.30 Grading permits 24.50 Home business permit 19.65.180 Shoreline letter of exemption 21.50 Record of survey to establish lots within a binding 20.60.030 site plan Right-of-way permits 22.130.100 Site plan review 19.130 Small cell permit 22.121; 22.122 Temporary use permit 19.160 Time extensions for preliminary subdivision, short 20.30.060 subdivision, or binding site plan Alterations—preliminary and final short 20.60 subdivisions and preliminary and final binding site plans (where there is no alteration of a public dedication) Binding site plan—preliminary and final 20.50 Minor alterations—preliminary subdivisions 20.50 SEPA threshold determination 21.20.060 Type II Shoreline conditional use permit 21.50 Shoreline nonconforming use or structure review 21.50 Shoreline substantial development permit 21.50 Shoreline variance 21.50 Short subdivision—preliminary and final 20.30, 20.40 Vacation—short subdivisions and binding site 20.70 plans where there is no vacation of an area designated or dedicated for public use Wireless communication facilities 22.120 Page 3/51 Type Land Use and Development Application SVMC Cross-Reference Alterations—final subdivisions (where a public 20.50 hearing is requested) Alterations—preliminary and final short 20.60 subdivisions and preliminary and final binding site plans (where there is alteration of a public dedication) Conditional use permits 19.150 Type III Planned residential developments 19.50 Subdivisions—preliminary 20.30 Substantial alterations—preliminary subdivisions 20.50 Vacation—subdivision; short subdivisions and 20.70 binding site plans where there is vacation of an area designated or dedicated for public use Variance 19.170 Zoning map amendments (site-specific rezones) 19.30.030 Annual Comprehensive Plan amendments (text 17.80.140 and/or map) Type IV Area-wide zoning map amendments 17.80.140 Development Code text amendments 17.80.150 B. Assignment by City Manager or Designee. Land use and development applications not defined in Table 17.80-1 shall be assigned a type based on the most closely related application type by the city manager or designee, unless exempt under SVMC 17.80.040. When more than one procedure may be appropriate, the process providing the greatest opportunity for public notice shall be followed. C. Shoreline letters of exemption, shoreline substantial development permits, shoreline conditional use permits, shoreline variances, and shoreline nonconforming use or structure review shall be processed pursuant to the procedures set forth in Chapter 17.80 SVMC, subject to any additional or modified procedures provided in Chapter 21.50 SVMC, Shoreline Regulations,including submittals, completeness review, notices,hearings, and decisions. D. Small cell permits and wireless communication facilities shall be processed pursuant to the procedures set forth in Chapter 17.80 SVMC, except as may otherwise be required pursuant to federal and state law, including but not limited to 47 USC 1455(a) (Section 6409(a) of the Middle Class Tax Relief and Job Creation Act of 2012) and Chapter 35.99 RCW. Chapter 22.122 SVMC specifies applicable time periods for review and processing of eligible facilities requests, collocations, small cell permits, and new wireless communication facilities. E. Except as provided in Table 17.80-1, change of conditions for permits shall be processed the same as the original permit type. Page 4/51 17.80.040 Exempt activities. A. Exemptions. Unless specified elsewhere in SVMC Title 17, the following development activities are exempt from the procedural requirements of Chapter 17.80 SVMC: 1.Normal or emergency repair or maintenance of public or private buildings, structures, landscaping, or utilities. 2. A change of any legally established use is exempt; unless the change of use requires: a. An increase in the number of parking spaces provided; b. A conditional use permit under Chapter 19.150 SVMC, Conditional Use Permits; c. A site plan approval under Chapter 19.130 SVMC, Site Plan Review; or d. Review by SEPA. 3. Final subdivisions, short subdivisions, and binding site plans. 4. Building permits that are not subject to SEPA. 5. On-site utility permits not obtained in conjunction with a specific development application including, but not limited to, sewer hook-ups, water hook-ups, right-of-way permits, and fire department permits. 6. Sign permits. 7. Interior remodeling and tenant improvements unless site plan review is required under Chapter 19.130 SVMC, Site Plan Review. B. Other Regulations. Applications exempt pursuant to SVMC 17.80.040 remain subject to all other applicable standards and requirements of the SVMC. 17.80.050 Development application requirements. A. Application Forms. All applications shall be made on forms provided by the department. The city manager or designee shall have authority to modify application forms. B. Submittal Information. All applications shall include the information required in applicable provisions of the SVMC as identified in Table 17.80-2 and other additional information required by the department. C. Land use and development applications shall be signed by the owner(s) of the property. D. Fees. Fees as required by Chapter 17.110 SVMC, Fees and Penalties. 17.80.060 Final decision authority. The final decision for application type shall be made by: A. Type I—the depailinent. B. Type II—the department. Page 5/51 C. Type III—the hearing examiner. D. Type IV—the city council preceded by a recommendation by the planning commission. 17.80.070 Required application procedures. The required procedures for Type I, II, and III applications are set forth in Table 17.80-2 below. The specific procedures required for Type IV applications are set forth in SVMC 17.80.140 and 17.80.150. Table 17.80-2 —Permit Type and Land Use Application Pre- Counter- Fully Notice of Final application complete complete Notice of public decision Application conference determination determination application hearing and notice Type 17.80.080 17.80.090 17.80.100 17.80.110 17.80.120 17.80.130 I 0 X X N/A N/A X *II **O X X X N/A X III X X X X X X X Required 0 Optional N/A Not Applicable *Does not apply to SEPA threshold determinations. Refer to SVMC 21.20.070(B)(2) for noticing requirements. **Except for short subdivisions and binding site plans which require a pre-application meeting. 17.80.080 Pre-application conference. A. Purpose. To provide the City and other agency staff with a sufficient level of detail about the proposed development, to enable staff to advise the applicant of applicable approvals and requirements, to acquaint the applicant with the applicable requirements of the SVMC and other laws, and to identify issues and concerns in advance of a formal application. B. Pre-Application. Type II and III applicants shall schedule a pre-application conference and provide information requested in advance of the meeting. C. Pre-Application Waivers. The city manager or designee may waive the pre-application conference if determined that the proposal has few development-related issues, involves subsequent phases of an approved development, or is substantially similar to a prior proposal affecting substantially the same property. 17.80.090 Counter-complete determination. A. Determination and Application Content. Prior to accepting an application, the department shall determine whether the application is counter-complete. A counter-complete application shall contain all information requested in the applicable form. Review for counter-complete status does not include an evaluation of the substantive adequacy of the information in the application. Page 6/51 B. Incomplete Application. If the department determines that the application is not counter- complete, the application shall be rejected and the applicant advised of the information needed to complete the application. C. Counter-Complete Application. Counter-complete applications shall be accepted for review for fully complete determination. 17.80.100 Fully complete determination. A. Determination. Once a counter-complete application has been accepted, the department shall, within 28 calendar days, provide a written determination delivered by mail or in person to the applicant that the application is fully complete, or if incomplete, a list of what is required to make the application complete. Upon receipt of the requested material,the depaitiiient shall conduct another review and respond as set forth above. The names of agencies of local, state, or federal governments that may have jurisdiction over some aspect of the application to the extent known by the City shall be provided to the applicant. B. The City shall notify the applicant whether an application is fully complete or what additional information is necessary within 14 calendar days after the applicant has submitted any additional information identified by the City as necessary for a complete application. C. Incomplete Application. If the necessary information is not provided by the applicant within 60 calendar days, the department shall: 1. Reject and return the application; 2. Issue a decision denying the application, based on a lack of information. The applicant may reinitiate the fully complete review process without additional fees;provided, that the required information is provided by a date specified by the department; or 3. The applicant may withdraw the application by submitting a request in writing and may be entitled to the return of up to 80 percent of the fees submitted. D. Fully Complete Application. Once the department determines that an application is fully complete, the department shall, within 14 calendar days, issue a notice of application pursuant to SVMC 17.80.110. E. Request for Additional Information. A fully complete determination shall not preclude the City from requesting additional information, studies, or changes to submitted information or plans if new information is required, or substantial changes to the proposal occur. F. Revocation. An application's fully complete status may be revoked if the depailinent determines that the applicant intentionally submitted false information. In the event an applicant's fully complete status is revoked,the applicant shall lose any rights granted pursuant to SVMC 17.80.170. 17.80.110 Notice of application. A. Contents. The department shall issue a notice of application within 14 calendar days after an application is determined fully complete. 1. All notices of applications shall include the following: Page 7/51 a. The case file number(s), the date of application, and the date a fully complete application was filed; b. A description of the proposed project and a list of project permits included with the application, as well as the identification of other permits not included in the application, to the extent known to the City; c. The proposed SEPA threshold determination, if applicable; d. The identification of any existing environmental documents that may be used to evaluate the proposed project; e. Statement of the public comment period. A statement that the public has the right to comment on the application, receive notice of the decision, and request a copy of the decision once made, and a statement of any appeal rights; f. The name of the applicant or applicant's authorized representative and the name, address, and telephone number of a contact person for the applicant, if any; g. A description of the site, including current zoning and nearest road intersections, sufficient to inform the reader of its location and zoning; h. A map showing the subject property in relation to other properties or a reduced copy of the site plan; i. The date,place, and times where information about the application may be examined and the name and telephone number of the City representative to contact about the application; and j. Any additional information determined appropriate by the department. 2. In addition to the requirements listed in SVMC 17.80.110(A)(1), a Type II notice of application shall state: a. That failure of any party to address the relevant approval criteria with sufficient specificity may result in the denial of the application; b. That all evidence relied upon by the department to make the decision shall be contained within the record and is available for public review, and that copies can be obtained at a reasonable cost from the department; c. That, after the comment period closes, the department shall issue a Type II notice of decision. 3. In addition to the requirements listed in SVMC 17.80.110(A)(1), a Type III application shall state: a. That a staff report shall be available for inspection at least seven calendar days before the public hearing, and written comments may be submitted at any time prior to the closing of the record for the public hearing. Page 8/51 B. Distribution of Notice of Application. The notice of application shall be published in an appropriate regional or neighborhood newspaper or trade journal and sent to the following persons by regular mail: 1. The applicant; 2. All adjacent property owners of record as shown on the most recent property tax assessment roll; 3. Any governmental agency entitled to notice; and 4. Any person filing a written request for a copy of the notice of application. C. Type I Exception. A notice of application is not required for Type I applications. D. Comment Period. The department shall allow 14 calendar days for Type II applications and 30 calendar days for Type III applications after the date the notice of application is mailed and posted on the subject property, for individuals to submit comments. Within seven calendar days after the close of the public comment period, the department shall mail to the applicant a copy of written public comments, including email communications timely received in response to the notice of application, together with a statement that the applicant may either submit a written response to these comments within 14 calendar days from the date the comments are mailed or waive the response period. If the applicant desires to waive his right to respond to the comments, such waiver shall be provided to the department in writing. The department, in making its decision on the application, shall consider written comments timely received in response to the notice of application and timely written responses to those comments, including email communications, submitted by the applicant. 17.80.120 Notice of public hearing_; A public hearing is required for Type III applications. Unless otherwise indicated,public hearings under Title 17 SVMC shall be conducted by the hearing examiner pursuant to Appendix B. A. Content of Notice of Public Hearing. Notices of public hearing shall contain the following information: 1. The application and/or project number; 2. Project summary/description of each project permit application; 3. The designation of the hearing body; 4. The date, time, and place of the hearing and a statement that the hearing will be conducted in accordance with the rules of procedure adopted by the hearing body; 5. General project location, vicinity, address, and parcel number(s), if applicable; 6. The name of the applicant or applicant's authorized representative and the name, address, and telephone number of a contact person for the applicant, if any; Page 9/51 7. The SEPA threshold determination, or description thereof, shall be contained in the notice, along with any appropriate statement regarding any shared or divided lead agency status and phased review and stating the end of any final comment period; 8. A statement regarding the appeal process; and 9. The date when the staff report will be available and the place and times where it can be reviewed. B. Distribution of Notices of Public Hearing. Notices of public hearing shall be mailed,posted, and published at least 15 calendar days prior to the hearing date and shall be distributed as follows: 1. Notice by Mail. All property owners within 400 feet of the subject property by first class mail. Where any portion of the property abutting the subject property is owned, controlled, or under the option of the project property owner, then all property owners within a 400-foot radius of the total ownership interest shall be notified by first class mail. Property owners are those shown on the most recent Spokane County assessor's/treasurer's database as obtained by the title company no more than 30 calendar days prior to the scheduled public hearing. In addition, notice shall be sent to the following: a. Agencies with jurisdiction (SEPA); b. Municipal corporations or organizations with which the City has executed an interlocal agreement; and c. Other persons outside of the 400-foot radius who the City determines may be affected by the proposed action or who requested such notice in writing. Examples of considerations for determining when to provide notice to other persons who may be affected include,but are not limited to, circumstances such as large neighboring properties which limit the number of properties receiving notice within the 400-foot radius, known or likely public interest in the project due to the size of the project or likely substantial adverse impacts of the project on the neighboring properties, and other similar considerations. Failure to send public notice to other persons beyond the 400- foot radius shall not be considered inadequate public notice. 2.Notice by Sign. A sign a minimum of 16 square feet(four feet in width by four feet in height)in area shall be posted by the applicant on the site along the most heavily traveled street adjacent to the subject property. The sign shall be provided by the applicant. The sign shall be constructed of material of sufficient weight and reasonable strength to withstand normal weather conditions. The sign shall be lettered and spaced as follows: a. A minimum of two-inch border on the top, sides, and bottom of the sign; b. The first line in four-inch letters shall read"Notice of Public Hearing"; c. Spacing between all lines shall be a minimum of one inch; and d. The text of the sign shall include the following information in a minimum of one-inch letters: Page 10/51 i. Proposal; ii. Applicant; iii. File number; iv. Hearing (date and time); v. Location; and vi. Review authority. 3. Notice by Publication. Publish one notice in an appropriate regional or neighborhood newspaper or trade journal. C. Hearing Procedures. All required hearings shall be conducted by the hearing examiner pursuant to Appendix B. D. Scheduling of Hearings. 1. The department, in coordination with the hearing examiner, shall prepare an official agenda indicating the dates and times that matters will be heard. The official agenda shall comply with all time limits pursuant to RCW 36.70B.110. 2. When practical, minor applications, such as a variance or matters that take less time, shall be heard at the beginning of the day's agenda. 3. The hearing examiner may consolidate applications involving the same or related properties for hearing. E. Staff Reports. 1. The department shall coordinate and assemble the comments and recommendations of other City departments and commenting agencies, and shall make a written staff report to the hearing examiner on all applications subject to a public hearing. 2. At least seven calendar days prior to the date of the scheduled public hearing, the staff report shall be filed with the office of the hearing examiner and mailed by first class mail or provided to the applicant. At such time, the department shall also make the report available for public inspection. Upon request, the department shall provide or mail a copy of the report to any requesting person for the cost of reproduction and mailing. 3. If the staff report is not timely filed or furnished, the hearing examiner may at his/her discretion continue the hearing, considering the prejudice to any party and the circumstances of the case. 4. The hearing examiner may make recommendations to the department on the format and content of staff reports submitted to the hearing examiner. F. Site Inspections. Page 11/51 1. The Hearing Examiner may make site inspections, which may occur at any time before the Hearing Examiner renders a final decision. The Hearing Examiner need not give notice of the intention to make an inspection, unless the site inspection will require the Hearing Examiner to enter the property, in which case the Hearing Examiner shall notify all parties that a site inspection will occur on the premises as part of the decision process and the Hearing Examiner will not engage in substantive discussions with the owner/applicant. 2. The inspection and the information obtained from it shall not be construed as new evidence or evidence outside the record. If an inspection reveals new and unanticipated information, the Hearing Examiner may, upon notice to all parties of record, request a written response to such information or reopen the hearing and/or record to consider the information. 17.80.130 Final decision. A. Timeline to Make Final Decision—Type I. The department shall approve, approve with conditions, or deny a Type I application within 60 calendar days after the date the application was accepted as fully complete,unless accompanied by a SEPA checklist. Time spent by the applicant to revise plans or provide additional studies or materials requested by the City shall not be included in the 60-day period. An applicant may agree in writing to extend the time in which the department shall issue a decision. The department's decision shall address all of the relevant approval criteria applicable to the development application. B. Timeline to Make Final Decision—Type II and III. The final decision on a Type II and III application shall be made not more than 120 calendar days (90 calendar days for subdivisions) after the date a fully complete determination is made. This period shall not include: 1. Time spent by the applicant to revise plans or provide additional studies or materials requested by the City; 2. Time spent preparing an environmental impact statement; 3. Time between submittal and resolution of an appeal; or 4. Any extension of time mutually agreed upon by the applicant and the City in writing. C. The timeline for all final decisions shall be subject to any changes pursuant to SVMC 17.80.170(G). D. Contents of Final Decision. The final decision on Type II and III applications shall contain the following information: 1. The nature of the application in sufficient detail to apprise persons entitled to notice of the applicant's proposal and of the decision; 2. The address or other geographic description of the subject property, including a map of the site in relation to the surrounding area, where applicable; 3. The date the decision shall become final, unless appealed; Page 12/51 4. A statement that all persons who have standing under Chapter 17.90 SVMC, Appeals, may appeal the decision; 5. A statement in boldface type briefly explaining how an appeal can be filed, the deadline for filing such an appeal, and where further information can be obtained concerning the appeal; 6. A statement that the complete case file, including findings, conclusions, decisions, and conditions of approval, if any, is available for review. The notice of final decision shall list the place, days, and times where the case file is available and the name and telephone number of the City representative to contact about reviewing the case file; 7. A statement of the facts demonstrating how the application does or does not comply with applicable approval criteria; 8. A statement of the basis of decision pursuant to the SVMC and other applicable law; 9. The reasons for a conclusion to approve, approve with conditions, or deny the application; 10. The decision to approve or deny the application and, if approved, conditions of approval necessary to ensure the proposed development will comply with applicable law; and 11. The date the final decision is mailed. E. Notice of the Final Decision. All final decisions shall be sent by regular mail to the following: 1. The applicant; 2. Any governmental agency entitled to notice; 3. Any person filing a written request for a copy of the notice of application or the final decision; and 4. Any person who testified at the hearing or who provided substantive written comments on the application during the public comment period and provided a mailing address. 17.80.140 Type IV applications—Comprehensive Plan amendments, development agreements associated with a Comprehensive Plan amendment, and area-wide rezones. A. Initiation. Comprehensive Plan amendments and area-wide rezones 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 depailiuent,planning commission, or city council. B. Applications. Applications shall be made on forms provided by the City. C. Application Submittal. Page 13/51 1. Applicant Initiated. Comprehensive Plan amendments and area-wide rezones shall be subject to a pre-application conference, counter-complete, and fully complete determinations pursuant to SVMC 17.80.080, 17.80.090, and 17.80.100. The date upon fully complete determination shall be the date of registration with the department. 2.Nonapplicant Initiated. After submittal of a nonapplicant-initiated application, the application shall be placed on the register. D. Register of Comprehensive Plan Amendments and Area-Wide Rezones. The department shall establish and maintain a register of all applications. E. Concurrent and Annual Review of Register. 1. Sixty calendar days prior to November 1st in each calendar year, the City shall notify the public that the amendment process has begun.Notice shall be distributed as follows: a.Notice published in an appropriate regional or neighborhood newspaper or trade journal; b. Notice posted on all of the City's official public notice boards; and c. Copy of the notice sent to all agencies, organizations, and adjacent jurisdictions with an interest. 2. All registered applications shall be reviewed concurrently, on an annual basis and in a manner consistent with RCW 36.70A.130(2). Applications registered after November 1st of the previous calendar year and before November 1st of the current calendar year shall be included in the annual review. Those registered after November 1st of the calendar year shall be placed on the register for review at the following annual review. 3. Emergency Amendments. The City may review and amend the Comprehensive Plan when the city council determines that an emergency exists or in other circumstances as provided for by RCW 36.70A.130(2)(a). F. Notice of Public Hearing. Comprehensive Plan amendments and area-wide rezones require a public hearing before the planning commission. 1. Contents of Notice. A notice of public hearing shall include 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. A statement of what areas, Comprehensive Plan designations, zones, or locations will be directly affected or changed by the proposal; d. The date, time, and place of the public hearing; e. A statement of the availability of the official file; and Page 14/51 f. 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 depailiuent shall distribute the notice pursuant to SVMC 17.80.120(B). G. Planning Commission Recommendation—Procedure. Following the public hearing, the planning commission shall consider the applications concurrently, and shall prepare and forward a recommendation of proposed action for all applications to the city council. The 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 to 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 majority vote,recommend that the city council not adopt the proposal; or 3. If the planning commission is unable to take either of the actions specified in SVMC 17.80.140(G)(1) or(2), the proposal will be sent to city council with the notation that the planning commission makes no recommendation. H. Approval Criteria. 1. The City may only approve Comprehensive Plan amendments and area-wide zoning map amendments if it finds that: a. The proposed amendment bears a substantial relationship to the public health, safety, welfare, and protection of the environment; b. The proposed amendment is consistent with the requirements of Chapter 36.70A RCW and with the portion of the City's adopted plan not affected by the amendment; c. The proposed amendment responds to a substantial change in conditions beyond the property owner's control applicable to the area within which the subject property lies; d. The proposed amendment corrects an obvious mapping error; or e. The proposed amendment addresses an identified deficiency in the Comprehensive Plan. 2. The City shall also consider the following factors prior to approving Comprehensive Plan amendments: a. The effect upon the physical environment; b. The effect on open space, streams,rivers, and lakes; Page 15/51 c. The compatibility with and impact on adjacent land uses and surrounding neighborhoods; d. The adequacy of and impact on community facilities including utilities,roads,public transportation,parks, recreation, and schools; e. The benefit to the neighborhood, City, and region; f. The quantity and location of land planned for the proposed land use type and density and the demand for such land; g. The current and projected population density in the area; and h. The effect upon other aspects of the Comprehensive Plan. I. City Council Action. Within 60 calendar days of receipt of the planning commission's findings and recommendations, the city council shall consider the findings and recommendations of the planning commission concerning the application and may hold a public hearing pursuant to city council rules. The department shall distribute notice of the city council's public hearing pursuant to SVMC 17.80.120(B). All annual amendments to the Comprehensive Plan shall be considered concurrently. By a majority vote of its membership, the city council shall: 1. Approve the application; 2. Disapprove the application; 3. Modify the application. If the modification is substantial, the city council shall either conduct a public hearing on the modified proposal; or 4. Refer the proposal back to the planning commission for further consideration. In the event there is a tie or less than a majority vote of the membership of the city council in favor of one of SVMC 17.80.140(I)(1)through (4), such a vote shall be considered a vote against the motion, the motion shall fail, and no further action shall be required by the city council, although the city council may take such other action as it deems appropriate. J. Transmittal to the State of Washington. At least 60 calendar days prior to final action being taken by the city council, the Washington State Department of Commerce (Commerce) shall be provided with a copy of the amendments in order to initiate the 60-day comment period. No later than 10 calendar days after adoption of the proposal, a copy of the final decision shall be forwarded to Commerce. 17.80.150 Type IV applications—Text amendments to SVMC Titles 17 through 24. A. Initiation. Text amendments to SVMC Titles 17 through 24 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 department,planning commission, or city council. Page 16/51 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 determination, and fully complete determination pursuant to SVMC 17.80.080, 17.80.090, 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 require a public hearing before the planning commission. 1. Contents of Notice. A notice of public hearing shall include 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 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 the proposal. 2. Distribution of Notice. The department shall distribute the notice to the applicant, newspaper, City Hall, and the main branch of the library. E. Planning Commission Recommendation—Procedure. Following the public hearing, the planning commission shall consider the proposal and shall prepare and forward a recommendation to the city council. The 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 to recommending the proposal to the 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 majority vote, recommend that the city council not adopt the proposal; or 3. If the planning commission is unable to take either of the actions specified in SVMC 17.80.150(E)(1) or(2), the proposal shall be sent to the city council with the notation that the planning commission makes no recommendation. F. Approval Criteria. The City may approve amendments to the SVMC if it finds that: Page 17/51 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 calendar days of receipt of the planning commission's findings and recommendations, the city council shall consider the findings and recommendations of the planning commission concerning the application and may hold a public hearing pursuant to city council rules. The department shall distribute notice of the city 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 city council must either conduct a public hearing on the modified proposal; or 4. Refer the proposal back to the planning commission for further consideration. In the event there is a tie or less than a majority vote of the membership of the city council in favor of one of SVMC 17.80.150(G)(1)through (4), such a vote shall be considered a vote against the motion, the motion shall fail, and no further action shall be required by the city council, although the city council may take such other action as it deems appropriate. H. Transmittal to the State of Washington. At least 60 calendar days prior to final action being taken by the city council, Commerce shall be provided with a copy of the amendments in order to initiate the 60-day comment period.No later than 10 calendar days after adoption of the proposal, a copy of the final decision shall be forwarded to Commerce. 17.80.160 Optional consolidated review process. A. Optional Consolidated Review Process. This optional process provides for the consideration of all discretionary land use, engineering, and environmental permits issued by the City if requested in writing from the applicant. Permit decisions of other agencies are not included in this process, but public meetings and hearings for other agencies may be coordinated with those of the City. Where multiple approvals are required for a single project,the optional consolidated review process is composed of the following: 1. Pre-Application Meeting. A single pre-application meeting will be conducted for all applications submitted under the optional consolidated review process. 2. Determination of Completeness. When a consolidated application is deemed complete, a consolidated determination of completeness will be made pursuant to SVMC 17.80.100. 3.Notice of Application. When a consolidated application is deemed complete, a consolidated notice of application will be issued pursuant to the provisions of SVMC 17.80.110. Page 18/51 4. Comment Period. The consolidated application shall provide for one comment period for all permits included in the consolidated application. 5. The City shall issue a decision(s) for Type I or Type II permits prior to scheduling a public hearing for any companion Type III permit. Appeals of administrative permits that are part of a consolidated application will be heard in a single, consolidated open record appeal hearing before the hearing examiner on the same agenda as the companion Type III application. 6.Notice of Public Hearing. A single notice of public hearing will be provided for consolidated permit applications. The notice shall include the Type III permit to be heard and any open record appeals of administrative portions of the consolidated application. 7. Notice of Decision. The hearing examiner shall issue a single notice of decision regarding all Type I and Type II appeals and all Type III project permit applications subject to a public hearing. *** Chapter 17.90 APPEALS 17.90.010 General. A. Appeals and Jurisdiction. All final decisions shall be appealed to the authority set forth in Table 17.90-1. Any appeals of a decision, order, or determination of the building official shall be pursuant to Table 17.90-1 and not pursuant to the model codes adopted in SVMC 24.40.020. Specific procedures followed by the planning commission, hearing examiner, and city council are set forth in Appendix B. Table 17.90-1 —Decision/Appealed amity i o Land Use and Development Appealed A the_ityTo Decisions Type I and II decisions Hearing examiner(SVMC 17.90.040); further appeal to superior court(Chapter 36.70C RCW) Building permits Hearing examiner(SVMC 17.90.040); further appeal to superior court (Chapter 36.70C RCW) Type III decisions except zoning Superior court(Chapter 36.70C RCW) map amendments Type III zoning map amendments City council (SVMC 17.90.070); further appeal to superior court(Chapter 36.70C RCW) Page 19/51 Land Use and Development Appealed Ant-hefityTo Decisions Type IV decisions Superior court Matters subject to review pursuant Growth Management Hearings Board to RCW 36.70A.020 Shoreline substantial development Shorelines Hearings Board(RCW 90.58.180) permits, shoreline conditional use permits, and shoreline variances Compliance and enforcement Hearing examiner(SVMC 17.90.040); further appeal to decisions (generally Chapter superior court(Chapter 36.70C RCW) 17.100 SVMC) Order of dwelling, building, Hearing examiner(SVMC 17.105.050)pursuant to the structure, or premises unfit for appeal procedures set forth in Chapter 17.105 SVMC; human habitation or other use further appeal to superior court(SVMC 17.105.120) (Chapter 17.105 SVMC) Impact fee appeals pursuant to Chapter 22.100 SVMC shall be heard by the hearing examiner. Such appeals shall be subject to the procedures herein for Type I permit appeals,except as otherwise provided for by Chapter 22.100 SVMC.Pursuant to Chapter 22.100 SVMC,impact fee appeals shall be heard concurrently with appeals of the underlying permit as applicable.Impact fee appeals shall be subject to all requirements of Chapter 22.100 SVMC, including any necessary pre-appeal requirements. 17.90.020 Effective date of final decisions. A. Type I final decisions and building permits become effective on the day after the appeal period expires unless an appeal is filed, in which case the procedures of Chapter 17.90 SVMC shall apply. The applicant and owner have the right to waive their appeal rights, and in such cases where a waiver is submitted in writing to the department, the Type I decision is considered final on the day it is signed by the city manager or designee or on the day the waiver is approved, whichever is later, unless a party other than the applicant owner has standing to appeal. B. Type II, III, and IV final decisions become effective on the day after the appeal period expires, unless an appeal is filed, in which case the procedures of Chapter 17.90 SVMC shall apply. 17.90.030 Standing. A. Type I Decision. The following parties have standing to appeal a Type I decision: 1. The applicant and the owner of the property to whom the decision is directed; and 2. The aAdjacent property owners whose interests are a required part of the application approval. B. Type II Decision. The following parties have standing to appeal a Type II decision: 1. The applicant and owner of the property to whom the decision is directed; 2. Any party for whom written notice is required; and Page 20/51 3. Any other party who participates in the decision process through the submittal of substantive written comments. C. Type III Decision. The following parties have standing to appeal a Type III decision: 1. The applicant and the owner of the property to whom the decision is directed; 2. Any other person aggrieved or adversely affected by the decision, or who would be aggrieved or adversely affected by a reversal or modification of the decision. A person is aggrieved or adversely affected within the meaning of these rules only when all of the following conditions are present: a. The decision has prejudiced or is likely to prejudice that person; b. That person's asserted interests are among those that the hearing examiner was required to consider when the decision was made; c. A reversal or modification of the decision in favor of that person would substantially eliminate or redress the prejudice to that person caused or likely to be caused by the decision; and d. The appellant has exhausted his or her administrative remedies by being a party of record to the decision below. A "party of record"means a person who appeared at the public hearing held by the hearing examiner, or who submitted substantive written comments in the matter prior to the closing of the record for the hearing. 3. The city manager or designee. D. Type IV Decisions. Type IV decisions are legislative decisions and may be appealed to the Growth Management Hearings Board or a court of competent jurisdiction as allowed by law. E. Compliance and Enforcement Decisions. The following parties have standing to appeal a compliance and enforcement decision: 1. The party or owner of property subject to an appeal; and 2. The complainant if a written request is made to be notified of the City's response to the complaint filed by the complainant. 17.90.040 Time for and contents of an appeal to the hearing examiner. A. Appeal to Hearing Examiner. Any appeal to the hearing examiner shall be received no later than 14 calendar days after written notice of the decision is mailed. To be considered timely, the appeal must be filed no later than 4:00 P.M. on the day the appeal period expires. _Receipt of a complete appeal submittal shall stay the original decision until a final decision on the appeal has been reached. The appeal shall include: 1. The case number designated by the City and the name of the applicant; 2. The name and signature of each petitioner or their authorized representative and a statement showing that each petitioner has standing to file the appeal under Chapter 17.90 Page 21/51 SVMC. If multiple parties file a single petition for review, the petition shall designate one party as the contact representative; 3. The specific decision and specific portions of the decision or determination being appealed, and the specific reasons why each aspect is in error as a matter of fact or law; 4. Evidence that the specific issues raised on appeal were raised during the period in which the record was open; 5. The appeal fee as identified in Chapter 17.110 SVMC, Fees and Penalties. The fee may be refunded, either wholly or partially, only if the appellant requests withdrawal of the appeal in writing at least 14 calendar days before the scheduled appeal hearing date; 6. A person responsible for a code compliance/enforcement violation who successfully appeals the City's administrative determination of a violation shall be refunded the appeal fee within 45 calendar days after the appeal decision. B. Any issue not identified or raised in the appeal application shall be considered untimely and shall be deemed waived. 17.90.050 Appeal review process for hearing examiner. A. Appeal Review Process. 1. All complete appeals submitted and allowed pursuant to these rules shall be scheduled for review at a public hearing before the hearing examiner within 90 calendar days from the date of submission. Further extensions are permitted upon mutual agreement of the appellant, the applicant, and the department. 2. Notice of the appeal hearing shall be mailed to the applicant and the appellant, if different than the applicant. 17.90.055 Burden of Proof. A. For appeals of permit applications, unless otherwise provided by state law, (i) the original administrative decision is presumptively correct, and (ii) appellant shall have the burden of proof to show that the original administrative decision was issued in error of law or that the findings, conclusions, or decision are not supported by substantial evidence. B. For appeals of threshold determinations under SEPA and chapter 21.20 SVMC, unless otherwise provided by law, (i) the original administrative decision is presumptively correct, (ii) appellant shall have the burden of proof, and (iii) must show that the original administrative decision was clearly erroneous. C. For appeals of any enforcement decision, unless otherwise provided by law, (i) the determination by City staff issuing the determination shall be accorded substantial weight, and(ii) appellant shall have the burden of proof to show that the original administrative decision was issued in error of law or that the findings, conclusions, or decision are not supported by substantial evidence. Page 22/51 17.90.060 Hearing examiner appeal hearing procedures. A. Hearing Procedures. All appeals to the hearing examiner shall be conducted in the manner set forth inpursuant to Appendix B. Appeals are limited to consideration of the issues on appeal, and are not public forums for general public comment. Accordingly, they are not open to general public testimony or comment. Appeals shall be open to attendance and viewing by the general public. B. Scheduling of Hearings. 1. The department, in coordination with the hearing examiner, shall prepare an official agenda indicating the dates and times that matters will be heard. The official agenda shall comply with all time limits set forth in RCW 36.70B.110. 2. When practical, minor applications, such as a variance or matters that take less time, shall be heard at the beginning of the day's agenda. 3. The hearing examiner may consolidate applications involving the same or related properties for hearing. C.Notice of Hearing—Effect of Notice. 1. Each public notice required for the hearing of an application shall conform to applicable statutory and ordinance requirements. The notice should contain a statement that the hearing will be conducted in the manner set forth in Appendix B. 2. Failure of a person entitled to receive notice of a hearing to actually receive said notice does not affect the jurisdiction of the hearing examiner to hear the application when scheduled and render a decision, if the notice was properly published,mailed and/or posted_ as required by law. 3. A person is deemed to have received notice if the person appears at the hearing, or submits written comments on the merits of the application, and the person fails to object to the lack of notice promptly after the person obtains actual knowledge of the hearing date. 4. If required notice is not given and actual notice is not received, the hearing examiner may reschedule the hearing or keep the record open on the matter to receive additional evidence. D. Staff Reports on ApplicationsAppeals. 1. The department sha1lmay coordinate and assemble the comments and recommendations of other City departments and commenting agencies, andallmay make a written staff report to the hearing examiner on all applicationsappeals. 2. If a staff report is prepared, it shall be At least seven calendar days prior to the date of the scheduled public hearing, the staff report shall be filed with the office of the hearing examiner and mailed by first class mail or provided to the appellant and other parties at least seven calendar days prior to the date of the scheduled public hearinglicant._ At such time, the department shall also make the report available for public inspection. Upon request, the Page 23/51 department shall provide or mail a copy of the report to any requesting person for the cost of reproduction and mailing. 3. If the staff report is not timely filed or furnished, the hearing examiner may at his/her discretion continue the hearing, considering the prejudice to any party and the circumstances of the case. 4. The hearing examiner may make recommendations to the department on the format and content of staff reports submitted to the hearing examiner. 5. Nothing herein shall prevent the hearing examiner from requiring briefing from the parties on the merits of their respective cases. Nothing herein shall prevent any party from submitting written briefing on the merits of its case; provided that such briefing shall be provided within the time periods identified by the hearing examiner. E. Site Inspections. 1. The Hearing Examiner may make site inspections, which may occur at any time before the Hearing Examiner renders a final decision. The Hearing Examiner need not give notice of the intention to make an inspection, unless the site inspection will require the Hearing Examiner to enter the property, in which case the Hearing Examiner shall notify all parties that a site inspection will occur on the premises as part of the decision process and the Hearing Examiner will not engage in substantive discussions with the owner/applicant. 2. The inspection and the information obtained from it shall not be construed as new evidence or evidence outside the record. If an inspection reveals new and unanticipated information, the Hearing Examiner may, upon notice to all parties of record, request a written response to such information or reopen the hearing and/or record to consider the information. 1. The hearing examiner may make site inspections, which may occur at any time after the staff report on an application has been filed with the hearing examiner and before the hearing examiner renders a final decision. The hearing cxamincr need not give notice of the intention to make an inspection. 2. The inspection and the information obtained from it shall not be construed as new evidence or evidence outside the record. If an inspection reveals new and unanticipated information, the hearing examiner may, upon notice to all parties of record, request written response to such information or reopen the hearing to consider the information. F. The hearing examiner's appeal decision shall be in writing,be based on the whole record, and include, but not be limited to, the following: 1. Background. The nature and background of the proceeding, including identification of party representatives participating in the hearing, prehearing determinations, and other similar information. 2. Findings. The facts that the hearing examiner finds relevant, credible, and requisite to the decision, based on the record of the proceedings. Page 24/51 3. Conclusions. Legal and factual conclusions based upon specific provisions of law and the findings of fact. 4. Decision. The outcome of the appeal (affirm/uphold, modify, or deny/reverse). 17.90.070 Time for and contents of an appeal to the city council. All appeals to the city council shall be closed-record appeals and shall follow the procedures and conduct as set forth below: A. Appeals of the hearing examiner's decision to the city council must be: 1. Filed with the city clerk within 14 calendar days from the date the final decision of the hearing examiner was mailed; 2. Accompanied by the appeal fee identified by Chapter 17.110 SVMC,Fees and Penalties; 3. Accompanied by the separate transcript/record deposit fee identified by Chapter 17.110 SVMC, Fees and Penalties; and 4. Submitted on a form obtained from the city clerk. B. The appeal form submitted by the appellant shall contain the following information: 1. The file number and a copy of the decision; 2. The name and mailing address of the appellant; the name and mailing address of the appellant's attorney, if any; and the name of the applicant, if different than the appellant; 3. Facts demonstrating that the appellant has standing to appeal; 4. A separate and concise statement of each error alleged to have been committed; 5. A separate and concise statement of facts upon which the appellant relies to sustain the statement of error; and 6. A request for relief, specifying the type and extent of relief requested. C. Upon receipt of the written appeal form and payment of the appeal fee, the city clerk shall forward a copy of the appeal and the transcript/record deposit fee to the hearing examiner. D. The appeal shall be dismissed by the city council if: 1. It is filed by a person without standing to appeal; 2. The city council does not have jurisdiction to hear the appeal; 3. It is not timely filed; 4. The appeal fee or the transcript/record deposit fee was not timely paid; Page 25/51 5. The appellant failed to timely pay the costs incurred by the hearing examiner in preparing the verbatim transcript and certified record, after being billed for such costs; or 6. It is not filed in accordance with the procedures set forth in these rules. All motions to dismiss a defective appeal shall be filed within 15 calendar days from the filing date of the appeal, except for a dismissal under SVMC 17.90.070(D)(5). The city council may dismiss an appeal under SVMC 17.90.070(D)(5)upon receiving written notification from the hearing examiner that the appellant failed to timely pay the costs incurred by the hearing examiner for the appeal after being billed for such costs. E. The hearing examiner shall have 30 calendar days from the filing date of the appeal to prepare a verbatim transcript of the hearing before the hearing examiner and a certified copy of the documents in the record, and to bill the appellant for the costs incurred. The city council may authorize a longer time, at the hearing examiner's request, for unusually large records or transcripts. 1. If the hearing examiner, the appellant, and the applicant(if different than the appellant), agree, or upon order of the city council, the verbatim transcript and/or record may be shortened or summarized to avoid reproduction or transcription of portions of the record that are duplicative or irrelevant to the issues raised by the appeal. 2. Upon completion of the transcript and record, the hearing examiner shall bill the appellant for all costs incurred by the hearing examiner in preparing the verbatim transcript and certified record. The appellant shall pay the balance above and beyond the deposit fee within seven calendar days from the date the bill was mailed or provided to the appellant. 3. Upon the appellant's payment of the bill for the cost of the transcript and record, the hearing examiner shall, by the next business day, deliver a copy of the appeal, verbatim transcript, and certified record to the city clerk. The hearing examiner shall also provide to the city clerk a list of the names and mailing addresses of the applicant and the parties of record to the hearing before the hearing examiner. 4. The city clerk shall furnish copies of the transcript and record to the applicant, if different than the appellant, all members of the city council, and the city attorney. The hearing examiner, upon request, will furnish copies of the transcript and record to the appellant, the applicant(if different than the appellant), and other entities that may request one at the cost of reproduction. 5. If the city council dismisses the appeal on procedural grounds, the appellant shall reimburse the hearing examiner for the balance of the costs incurred by the hearing examiner in preparing the transcript and record as of the date of the dismissal,if any. 17.90.080 Appeal review process for city council. The city council, at its next regular meeting following receipt of the transcript and record from the hearing examiner, shall schedule a closed-record hearing on the appeal. A. The city council shall schedule the appeal hearing no sooner than 30 calendar days from the date the transcript and record were received from the hearing examiner. Page 26/51 B. The city council may approve a later hearing date upon agreement of the applicant. C. The appellant, or a party of record in opposition to the appeal, may provide input as to the hearing date only in person at the meeting, or by submitting a letter to the city clerk prior to the meeting. D. The city clerk shall mail notice of the time,place, and date of the hearing to the appellant, the applicant(if different than the appellant), and all parties of record to the hearing before the hearing examiner within five calendar days from the date the appeal hearing was scheduled. E. Closed-record appeals before the city council shall be concluded within 60 calendar days from the date the transcript and record are received by the city clerk, unless the applicant agrees in writing to a longer period. 17.90.090 City council appeal hearing procedures. All appeals to the city council shall be conducted in the manner set forth in Appendix C. Page 27/51 Chapter 17.105 UNFIT DWELLINGS, BUILDINGS AND STRUCTURES 17.105.010 Findings—Purpose. It is found that there exists in the City of Spokane Valley dwellings, buildings, structures, and premises which are unfit for human habitation and which are unfit for other uses due to dilapidation, disrepair, structural defects, defects increasing the hazards of fire, accidents, or other calamities, inadequate drainage, overcrowding, or due to other conditions which are harmful to the health and welfare of the residents of the City. Chapter 17.105 SVMC is adopted pursuant to Chapter 35.80 RCW and is intended to clarify and strengthen the City's procedures for abating guch unfit dwellings, buildings, structures, and premises. Chapter 17.105 SVMC shatmay only be used for those purposes specified in Chapter 35.80 RCW and shall be in addition and supplemental to the powers conferred by any other law, including but not limited to Chapters 7.05 and 17.100 SVMC. Chapter 17.105 SVMC may be used for any dwelling, building, structure, or premises determined to be unfit for habitation or other uses pursuant to any law, including any provision of the State Building Code and any provision adopted pursuant to Title 24 SVMC. Chapter 17.105 SVMC shall not be construed as intended to protect a specific class of persons other than the general public or as creating a duty to any individual citizen. 17.105.020 Enforcement authority and powers. A. The responsibility for administration and enforcement of Chapter 17.105 SVMC, unless otherwise provided, is vested in the city manager or his or her designee(s). All references to city manager herein shall include his or her designee(s). The city manager is designated as the City's "improvement officer"pursuant to RCW 35.80.030 for purposes of Chapter 17.105 SVMC. B. The hearing examiner is hereby designated as the"appeals commission"pursuant to RCW 35.80.030 for the purposes of Chapter 17.105 SVMC and shall have all rights and responsibilities for hearing appeals of administrative orders issued by the city manager. C. The city manager may exercise such lawful powers as may be necessary or convenient to effectuate the purposes and provisions of Chapter 17.105 SVMC. These powers shall include, but are not limited to, the following: 1. To determine, pursuant to standards prescribed herein and by the residential, property, and building codes adopted pursuant to Chapter 24.40 SVMC, as the same now exist or are hereafter amended,which dwellings within the City are unfit for human habitation; 2. To determine, pursuant to standards prescribed herein and by the residential, property, and building codes adopted pursuant to Chapter 24.40 SVMC, as the same now exist or may hereafter be amended, which buildings, structures, or premises are unfit for other use; 3. To administer oaths and affirmations, examine witnesses and receive evidence; 4. To investigate the dwelling or other property conditions in the City and to enter upon premises to make examinations when the city manager has reasonable grounds to believe such dwellings,buildings, structures, or premises are unfit for human habitation or for other use; provided such investigations shall comply with all applicable constitutional, federal, Page 28/51 state, and local laws and shall be made in such a manner as to cause the least possible inconvenience to the persons in possession; 5. To obtain an order from a court of competent jurisdiction for the purpose of entering premises to make such examinations, after submitting evidence in support of an application which is adequate to justify such an order in the event entry is denied or resisted; 6. To conduct all necessary hearings related to a determination of unfitness and to impose and require such remedies and penalties as may be appropriate to vacate, improve, repair, remove, or demolish unfit dwellings, buildings, structures, or premises; 7. To take all such actions as necessary to collect or assess any allowable costs, fees, or penalties as a result of actions taken pursuant to Chapter 17.105 SVMC as allowed by law; and 8. To take such other action as may be reasonably necessary and related to administer, enforce, and carry out the requirements of Chapter 17.105 SVMC. 17.105.030 Procedure to abate unfit dwellings,buildings, structures, or premises. A. Complaint. 1. If the city manager, after a preliminary investigation, finds that any dwelling, building, structure or premises is unfit for human habitation or other use pursuant to SVMC 17.105.040, the city manager shall cause a written complaint to be served either personally or by certified mail, with return receipt requested, upon all persons having any interest therein, as shown upon the records of the Spokane County auditor, and shall post the complaint in a conspicuous place on the property that is the subject of the complaint. 2. If the whereabouts of any such persons is unknown and cannot be ascertained by the city manager in the exercise of reasonable diligence, and the city manager makes an affidavit to that effect with the complaint, then service may be made by: a. Personal service; or b. Mailing the complaint and affidavit by certified mail,postage prepaid, return receipt requested, to each such person at the address of the building involved in the proceeding, and mailing a copy of the complaint and affidavit by first-class mail to any address listed for each such person in the records of the Spokane County assessor or Spokane County auditor. 3. The complaint shall state in what respects such dwelling, building, structure, or premises is unfit for human habitation or other use pursuant to SVMC 17.105.040, the applicable remedies that will be sought, notice of any penalties, and notice that if the City is required to abate the conditions, it may seek all costs,fees and expenses and such costs, fees, and expenses may be assessed upon the property and collected as allowed by law. 4. The complaint shall contain notice that a hearing shall be held before the city manager at a place specified in the complaint, not less than 10 calendar days nor more than 30 calendar days after the serving of the complaint, and that all parties in interest have the right to file an Page 29/51 answer to the complaint, appear in person, or otherwise, and to give testimony at the time and place in the complaint. 5. A copy of the complaint and any supporting affidavit shall be filed with the Spokane County auditor, and the filing of the complaint shall have the same force and effect as other lis pendens notices provided by law. B. Hearing. As specified in the complaint, the city manager shall conduct a hearing to determine if a dwelling, building, structure, or premises is unfit for human habitation or other use. All persons identified in the complaint shall have the right and opportunity to file an answer with the city manager and appear at the hearing in person, or otherwise, and give testimony concerning the preliminary determination set forth in the complaint. The rules of evidence prevailing in courts of law or equity shall not be controlling in hearings before the city manager. At the conclusion of the hearing, after taking all testimony and reviewing all submitted evidence, the city manager shall make a determination as to whether the dwelling,building, structure, or premises is unfit for human habitation or other use pursuant to SVMC 17.105.040. C. Findings and Order. 1. Upon a determination that a dwelling,building, structure, or premises is unfit for human habitation or other use pursuant to SVMC 17.105.030(B), the city manager shall make written findings of fact in support of such determination, and shall issue and cause to be served upon each owner and party in interest as identified in the complaint, either personally or by certified mail with return receipt requested, and shall post in a conspicuous place on the property, an order that: a. Requires the owner and other parties in interest,within the time specified in the order, to repair, alter, or improve such dwelling, building, structure, or premises to render it fit for human habitation or for other appropriate use, or to vacate, close, and secure the dwelling, building, structure, or premises, if that course of action is deemed lawful and reasonable pursuant to SVMC 17.105.040; or b. Requires the owner and parties in interest,within the time specified in the order, to remove or demolish the dwelling, building, structure, or premises, if that course of action is deemed lawful and reasonable pursuant to SVMC 17.105.040. If a complainant has made a written request to be notified of the City's response to the complaint filed by the complainant,the City shall mail,first class with postage prepaid, a copy of the order made by the city manager. 2. An order may require the owner to take effective steps to board up or otherwise bar access to the structure or premises, if deemed necessary for public safety, pending further abatement action. The order shall include any appropriate penalties or remedies available to the City pursuant to Chapter 17.105 SVMC or other applicable provisions of the code. 3. If no appeal is filed within 30 calendar days from the date of service of the order, a copy of the order shall be filed with the Spokane County auditor, and shall be a final order. Page 30/51 17.105.040 Criteria for determination of unfit dwellings,buildings, structures, or premises. A. Determination. The city manager is hereby granted authority to determine if a dwelling, building, structure, or premises is unfit for human habitation or other use if he or she finds that one or more defects or conditions exist in such dwelling, building, structure, or premises which are dangerous or injurious to the health and safety of the occupants of such dwelling, building, structure, or premises, the occupants of neighboring dwellings or buildings, or other residents of the City as follows: 1. The defects or conditions meet one or more of the following: a. Whenever any door, aisle,passageway, stairway or other means of exit is not of sufficient width or size or is not so arranged as to provide safe and adequate means of exit in case of fire or panic; b. Whenever the walking surface of any aisle,passageway, stairway or other means of exit is so warped, worn, loose, torn or otherwise unsafe as to not provide safe and adequate means of exit in case of fire or panic; c. Whenever the stress in any materials, member or portion thereof, due to all dead and live loads,is more than one and one half times the working stress or stresses allowed in the Washington State building code, as now adopted in Chapter 19.27 RCW and WAC Title 51 or hereafter amended for new buildings of similar structure, purpose or location; d. Whenever any portion thereof has been damaged by fire, earthquake, wind, flood or by any other cause, to such an extent that the structural strength or stability thereof is materially less than it was before such catastrophe and is less than the minimum requirements of the Washington State building code, as now adopted in Chapter 19.27 RCW and WAC Title 51 or hereafter amended for new building of similar structure, purpose or location; e. Whenever any portion or member of appurtenance thereof is likely to fail, or to become detached or dislodged, or to collapse and thereby injure persons or damage property; f. Wherever any portion of a building, or any member appurtenance or ornamentation on the exterior thereof is not of sufficient strength or stability, or is not so anchored, attached or fastened in place so as to be capable of resisting a wind pressure of one half of that specified in the Washington State building code, as now adopted in Chapter 19.27 RCW and WAC Title 51 or hereafter amended for new building of similar structure, purpose or location, without exceeding the working stresses permitted in the Washington State building code, as now adopted in Chapter 19.27 RCW and WAC Title 51 or hereafter amended for such buildings; g. Whenever any portion thereof has wracked, warped, buckled or settled to such an extent that walls or other structural portions have materially less resistance to winds or earthquakes than is required in the case of similar new construction; h. Wherever the building or structure, or any portion thereof, because of: Page 31/51 i. Dilapidation, deterioration or decay; ii. Faulty construction; iii. The removal, movement or instability of any portion of the ground necessary for the purpose of supporting such a building; iv. The deterioration, decay or inadequacy of its foundation; or v. Any other cause; is likely to partially or completely collapse; i. Whenever, for any reason, the building or structure, or any portion thereof, is manifestly unsafe for the purpose for which it is being used; j. Whenever the exterior walls are not anchored to supporting and supported elements; are not plumb and free of holes, cracks or breaks and loose or rotting materials; or are not capable of supporting all nominal loads and resisting all load effects; k. Whenever the foundation systems are not firmly supported by footings, are not plumb and free from open cracks and breaks, are not properly anchored, or are capable of supporting all nominal loads and resisting all load effects; 1. Whenever roofing or roofing components that have defects that admit rain, roof surfaces with inadequate drainage or any portion of the roof framing that is not in good repair with signs of deterioration, fatigue or without proper anchorage and incapable of supporting all nominal loads and resisting all load effects; m. Wherever a building or structure, used or intended to be used for dwelling purposes, because of inadequate maintenance, dilapidation, decay, damage, faulty construction or arrangement, inadequate light, air or sanitation facilities, or otherwise,is determined by the building official, in consultation with the appropriate agency, to be unsanitary, unfit for human habitation or in such a condition that is likely to cause sickness or disease; n. Whenever any building or structure, because of obsolescence, dilapidated condition, deterioration, damage, inadequate exits, lack of sufficient fire-resistive construction, faulty electric wiring, gas connections or heating apparatus, or other cause, is determined by the fire marshal to be a fire hazard; or o. Whenever any portion of a building or structure remains on a site after the demolition or destruction of the building or structure or whenever any building or structure is abandoned for a period in excess of six months so as to constitute such building or portion thereof an attractive nuisance or hazard to the public; or 2. The defect or condition otherwise substantially violates the standards and requirements set forth in the residential, property, and building codes adopted pursuant to Chapter 24.40 SVMC, as the same now exist or may hereafter be amended. Page 32/51 B. Nothing herein shall require the city manager to determine a dwelling, building, structure, or premises is unfit for human habitation or other use or to require any particular remedy or abatement unless otherwise required by law. C. Standards for Determining Appropriate Remedial Action. 1. Once the city manager has made a determination that conditions are such that a dwelling, building, structure, or premises is unfit for human habitation or other use, the city manager shall determine the appropriate remedy for the dwelling, building, structure, or premises. The city manager is hereby authorized to require any appropriate remedy determined necessary to eliminate the hazardous, injurious, or dangerous conditions or defects and to bring the dwelling, building, structure, or premises into compliance with the residential,property, and building codes adopted pursuant to Chapter 24.40 SVMC, as the same now exist or may hereafter be amended. Remedies may include but are not limited to requiring repair, renovation,restoration, removal, demolition of, or requiring the person to vacate and close or secure the dwelling,building, structure, or premises. For purposes of SVMC 17.105.040, "secure"means boarding all door, window, and other entry points or, if boarding is not possible due to damage, causing the property to be secured by completely fencing off the property or defects or dangerous conditions with at least a six-foot-tall fence. When determining the extent of the remedy required, including demolition, the city manager shall give consideration to: a. Whether the conditions create an immediate or imminent threat to public health, safety, and welfare for the subject property and/or adjacent or nearby properties; b. The cost of available remedies versus the value of the property. This factor shall weigh more in favor of demolition as the cost of the remedy increases in relation to the value of the property; c. The length of time the condition has existed; and d. Previous efforts by the owner or parties in interest to remedy the conditions. 2. Except as otherwise provided herein, a dwelling, building, structure, or premises that has been determined unfit for human habitation shall be demolished whenever the estimated cost of repair, renovation, restoration or other remedy exceeds 50 percent of the value of the dwelling, building, structure, or premises. 3. When a dwelling, building, structure, or premises has been determined to be unfit for human habitation or other use pursuant to SVMC 17.105.040(A) and has been ordered to be repaired, renovated, or restored, it shall be vacated and demolished if it has not been repaired, renovated, restored, or otherwise abated to such a degree to receive a written determination of habitability from the city manager within six months after the date specified for completion of the required repair, renovation, or restoration, provided such date shall not exceed 18 months from the date of the final determination of unfitness, including any appeals of such determination. Page 33/51 4. The city manager shall specify the timeline for (a) demolition of the unfit structure, if the structure is required to be demolished, or(b) other abatement required for structures in the determination of unfitness. 17.105.050 Right to appeal. A. The following parties have standing to appeal an order of the city manager to the hearing examiner: 1. The party in interest or owner of property subject to the order; and 2. The complainant if a written request is made to be notified of the City's response to the complaint filed by the complainant. B. An appeal of the city manager's order may be filed within 30 calendar days from the date of service. An appeal shall not be considered filed unless accompanied with the appropriate appeal fee and a complete appeal submittal. 17.105.060 Contents of an appeal to the hearing examiner. A. Each appeal to the hearing examiner shall include: 1. The case number designated by the City and the name of the parties in interest and owner of the property subject to the order; 2. The name and signature of each appellant or their authorized representative and a statement showing that each appellant has standing to file an appeal pursuant to SVMC 17.105.050. If multiple parties file a single appeal, the appeal shall designate one party as the contact representative; 3. The specific decision and specific portions of the decision or determination being appealed, and the reasons why each aspect is in error as a matter of fact or law; 4. Evidence that specific issues raised on appeal were raised during the hearing on the complaint or were timely submitted while the record was open if such issues could have been raised; provided issues that were not ripe (such as issues raised in decision)need not have been raised; and 5. The appeal fee pursuant to Chapter 17.110 SVMC, unless otherwise exempted. The fee may be refunded, either wholly or partially,if: a. The appellant requests withdrawal of the appeal in writing at least 10 calendar days before the scheduled appeal hearing date; or b. The appellant(s) successfully appeals the City's order, which refund shall occur within 45 calendar days of the hearing examiner's decision. B. All complete appeals submitted and allowed pursuant to Chapter 17.105 SVMC shall be scheduled for hearing before the hearing examiner. -The hearing shall be scheduled to allow the hearing examiner to issue a final decision on the appeal within 60 calendar days from the date of filing of the appeal. Hearings on an appeal shall be open to public view. Page 34/51 C.Notice of the appeal hearing shall be provided at least 10 calendar days in advance of the hearing, by first-class mail,postage prepaid, to the appellant(s), the other party in interest, or other owner of the property subject to the order, and complainant, if the complainant made a written request to be notified of the City's response to the complaint, and the City. 1. Failure of a person entitled to receive notice to actually receive notice does not affect the jurisdiction of the hearing examiner to hear the appeal when scheduled and render a decision, if the notice was properly published,mailed, and/or posted as required by law. 2. A person is deemed to have received notice if the person appears at the hearing, or submits written comments on the merits of the application, or if the person fails to object to the lack of notice promptly after the person obtains actual knowledge of the hearing date. 3. If required notice is not given and actual notice is not received, the hearing examiner may reschedule the hearing or keep the record open on the matter to receive additional evidence from the party or parties who did not receive notice. D. The filing of the appeal shall stay the order of the city manager, except for temporary measures of an emergent nature that are required, such as securing the building to minimize any imminent danger to the public health or safety. 17.105.070 Hearing examiner appeal procedures. A. Except as otherwise provided in this chapter, all appeals of decisions under this chapter shall be before the hearing examiner and shall be conducted in the manner set forth inpursuant to Appendix B. Appeals are limited to consideration of the issues on appeal, and are not public forums for general public comment. The format of the appeal hearing shall be organized so that the testimony and written evidence may be presented quickly and efficiently. B. Burden of Proof. Unless otherwise provided by law, the determination of City staff in the order shall be accorded substantial weight, and appellant shall have the burden of proof to show that the original administrative decision was issued in error of law or that the findings, conclusions, or decision are not supported by substantial evidence. C. Staff reports. The City may prepare a report including introduction of the official file on the order and its procedural history, an explanation of the city manager's determination, including the use of visual aids, and the recommendation of the City on the appeal of the order. D. Nothing herein shall prevent the hearing examiner from requiring briefing from the parties on the merits of their respective cases. Nothing herein shall prevent any party from submitting written briefing on the merits of its case;provided that such briefing shall be provided within the time periods identified by the hearing examiner. The format will generally be as follows: 1. A brief introduction of the matter by the hearing examiner; 2. A report by City staff including introduction of the official file on the order and its procedural history, an explanation of the city manager's determination, including the use of visual aids, and the recommendation of the City on the appeal of the order; Page 35/51 3. The submittal of testimony and documents by or on behalf of the appellant(s), who have the burden of proof at the hearing; '1. The submittal of testimony and documents by the City and opposing parties; 5. Rebuttal; b. Questions or requests for clarifications by the hearing examiner, and closing arguments; 7. Closure of the hearing; 8. Closure of the record and continuation of the matter for final decision. B. All reasonably probative evidence is admissible by the hearing cxamincr. The hearing examiner may exclude all evidence that is irrelevant, immaterial or unduly repetitious. The judicial rules of evidence are not generally applied, but may be used by the hearing examiner for guidance. The hearing examiner shall accord such weight to the evidence as he/she deems appropriate. C. Documentary evidence may be received in the form of copies or excerpts, or by incorporation by reference, at the hearing examiner's discretion. The hearing examiner may require that the original of a document be produced. A party submitting documentary material at the hearing shall make copies available at the hearing for review by the opposing party. D. The hearing examiner may take official notice of judicially cognizable facts; federal, state and local laws, ordinances or regulations; the City's comprehensive plan and other adopted plans or policies of the City; and general, technical and scientific facts within the hearing examiner's specialized knowledge; so long as any noticed facts are included in the record and referenced or are apparent in the hearing examiner's final decision. E. All testimony taken by the hearing examiner in an appeal pursuant to Chapter 17.105 SVMC shall be under oath or affirmation. F. The hearing examiner may allow the cross examination of witnesses. The hearing examiner is authorized to call necessary to make a decision. The hearing examiner may also request written information from or the appearance of a representative from any City department having an interest in or impacting the order on appeal. G. The hearing examiner may impose reasonable limitations on the number of witnesses to be heard and the nature and length of their testimony to avoid repetitious testimony, expedite the hearing or avoid continuation of the hearing. H. The hearing examiner may cause the removal of any person who is being disruptive to the proceedings, or continue the proceedings if order cannot be maintained. The hearing examiner shall first issue a warning if practicable. I. No testimony ral stateme egarding the substance ^ is of ar application is allowable after the close efthe appeal hearin No documentary material submitted after the close of hearing will be considered by the hearing examiner unless the hearing examiner has left the Page 36/51 record open for the submittal of such material and al ratios are gi. er ar additional time to review and rebut such material. 17.105.080 Reserved. A. The hearing examiner may rcopcn or continue a hearing to take additional testimony or evidence, or other compelling cause,provided a final decision has not been entered. B. If the hearing examiner announces the time and place of the continued hearing on the record before the hearing is closed, no further notice is required. If the hearing is reopened after the c-lose-ef-the a,-ing all r shal give ast fi e day. etice of the date, time, place and nature of the reopened hearing. be made as soon as reasonably possible. The motion shall be submitted in writing unless made at the hearing. The hearing examiner may continue or reopen a hearing on his/her own motion, citing the reasons therefor. D. If the decision of the hearing examiner rests upon issues of fact or law not raised by any party at time of hearing, the hearing examiner shall continue and/or reopen the hearing to a later date to allow the parties an opportunity to comment and/or present evidence on those issues of fact or law. 17.105.090 Hearing examiner appeal—Record of hearing. A The hearing examiner shall establish and maintain a record of all proceedings and hearings conducted by the hearing examiner, including an electronic recording capable of being accurately transcribed and reproduced. Copies of the recording and any written portions of the record shall be made available to the public on request for the cost of reproduction or transcription, as determined by the hearing examiner. Any request for a record of hearing pursuant to SVMC 17.105.090 shall not be considered a public record request pursuant to chapter 42.56 RCW unless specifically identified as such by the requester. B. The record shall include, but is not limited to: 1. The city manager's order and appeal submittal; 2. City staff reports; 3. All evidence received or considered by the hearing examiner; 'I. The final written decision of the hearing examiner; 5. Affidavits of notice for the hearing; b. The electronic recordings of the hearings and proceedings by the hearing examiner; and 7. The departmental file for the order and appeal, if incorporated into the record by the hearing examiner. Page 37/51 C. The hearing examiner may authorize a party to have the proceedings reported by a court reporter and have a stenographic transcription made at the party's expense. The hearing examiner may also cause the proceedings to be reported by a court reporter and transcribed. D. The hearing examiner shall have custody of the hearing record and shall maintain such record until the period for appeal of the hearing examiner's final decision has expired or the record is transmitted to court pursuant to an appeal of the hearing examiner's final decision. 17.105.100 Hearing examiner appeal—Decision. A. The decision of the hearing examiner shall be in writing, be based on the whole record, and include, but not be limited to, the following: 1. Background. The nature and background of the proceeding, including identification of party representatives participating in the hearing, prehearing determinations, and other similar information. 2. Findings. The facts that the hearing examiner finds relevant, credible, and necessary to the decision, based on the record of the proceedings. 3. Conclusions. Legal and factual conclusions based upon specific provisions of law and the findings of fact. 4. Decision. The outcome of the appeal (affirm/uphold, modify, or deny/reverse). The hearing examiner's decision include findings of fact and conclusions based on the record to support the decision, and shall bear the same legal consequences as if issued by the city manager pursuant to SVMC 17.105.030. B. The hearing examiner shall render a final decision within 10 calendar business days following the closure of the record, unless a longer time period is mutually agreed to in writing by the appellant and the hearing examiner;provided, the decision of the hearing examiner shall be issued within 60 calendar days from the date of filing of the appeal. C. The hearing examiner shall report and provide notice of the decision by certified mail, return receipt requested, to the appellant(s) and to all parties and the City by first class mail,postage prepaid. Any final order in the hearing examiner's decision shall be posted in a conspicuous location on the property that is the subject of the decision and appeal. A copy of the hearing examiner's decision shall be filed with the Spokane County auditor. A transcript of the hearing examiner's decision, findings, and orders shall be made available to the appellant upon demand. D. The hearing examiner may affirm, modify, reverse, or return with directions, the city manager's appealed order in the event he or she finds an error of law or the record is not supported by substantiated evidence. ED. The hearing examiner's decision shall be subject to further review only in the manner and to the extent provided in SVMC 17.105.110 and 17.105.120. If it is not timely and correctly appealed pursuant to SVMC 17.105.110 or 17.105.120, the hearing examiner's decision shall be a final order. Page 38/51 17.105.110 Hearing examiner appeal—Reconsideration, clerical errors. A. Any aggrieved party of record may file a written petition for reconsideration with the hearing examiner within 10 calendar days following the date of the hearing examiner's written decision. The petitioner for reconsideration shall mail or otherwise provide a copy of the petition for reconsideration to all parties of record on the date of filing. The timely filing of a petition for reconsideration shall stay the hearing examiner's decision until such time as the petition has been disposed of in writing by the hearing examiner. B. The grounds for seeking reconsideration shall be limited to the following: 1. The hearing examiner exceeded the hearing examiner's jurisdiction; 2. The hearing examiner failed to follow the applicable procedure in reaching the hearing examiner's decision; 3. The hearing examiner committed an error of law; 4. The hearing examiner's findings, conclusions and/or conditions are not supported by the record; or 5.New evidence which could not reasonably have been produced and which is material to the decision is discovered. C. The petition for reconsideration shall: 1. Contain the name, mailing address, and daytime telephone number of the petitioner, or the petitioner's representative, together with the signature of the petitioner or of the petitioner's representative; 2. Identify the specific findings, conclusions, actions, and/or conditions for which reconsideration is requested; 3. State the specific grounds upon which relief is requested; 4. Describe the specific relief requested; and 5. Where applicable, identify the specific nature of any newly discovered evidence or changes proposed. D. The petition for reconsideration shall be decided by the same hearing examiner who rendered the decision,if reasonably available. The hearing examiner shall provide notice of the decision on reconsideration in the same manner as provided for a decision in SVMC 17.105.100. Within 14 calendar days the hearing examiner shall: 1. Deny the petition in writing; 2. Grant the petition and issue an amended decision in accordance with the provisions of SVMC 17.105.100; 3. Accept the petition and give notice to all parties of record of the opportunity to submit written comment. Parties of record shall have fivo10 calendar days from the date of such Page 39/51 notice in which to submit written comments. The hearing examiner shall either issue a decision in accordance with the provisions of SVMC 17.105.100, or issue an order within 105 calendar days after the close of the comment period setting the matter for further hearing. If further hearing is ordered, the hearing examiner's office shall mail notice at least I 105 calendar days in advance of the hearing as provided in SVMC 17.105.060 to all parties of record; or 4. Accept the petition and set the matter for further open record hearing to consider new evidence,proposed changes in the application and/or the arguments of the parties.Notice of such further hearing shall be mailed by the hearing examiner's office at least 10 calendar days in advance of the hearing as provided in SVMC 17.105.060 not less than 15 calendar days prior to the hearing date to all parties of record. The hearing examiner shall issue a decision following the further hearing in accordance with the provisions of SVMC 17.105.100. E. A decision which has been subjected to the reconsideration process shall not again be subject to reconsideration; provided, that a decision which has been revised on reconsideration from any form of denial to any form of approval with preconditions and/or conditions shall be subject to reconsideration. F. The hearing examiner may consolidate for action, in whole or in part, multiple petitions for reconsideration of the same decision where such consolidation would facilitate procedural efficiency. G. Clerical mistakes and errors arising from oversight or omission in hearing examiner decisions may be corrected by the hearing examiner at any time either on the hearing examiner's initiative or on the motion of a party of record. A copy of each page affected by the correction, with the correction clearly identified, shall be mailed to all parties of record. This shall not extend the appeal period from the decision. 17.105.120 Appeal to superior court. I Any person affected by an order issued by the hearing examiner may, within 30 calendar days after the date of service of the hearing examiner's order, appeal the hearing examiner's order to Spokane County superior court or may petition the superior court for an injunction or other appropriate order restraining the city manager from carrying out the provisions of the hearing examiner's order. Pursuant to RCW 35.80.030, in all such proceedings the court may affirm, reverse, or modify the order and the review shall be de novo. 17.105.130 Abatement. A. The order of the city manager or the hearing examiner may prescribe times within which demolition or other abatement shall be commenced or completed. If the action is not commenced or completed within the prescribed time, or if no time is prescribed within the time limit for appealing, the city manager may commence the required abatement action after having taken the legally required steps, if any, to gain entry. If satisfactory progress has been made and sufficient evidence is presented that the work will be completed within a reasonable time, the city manager or the hearing examiner may extend the time for completion of the work, subject to immediate summary revocation at any time without further hearing if satisfactory progress is not being made. Page 40/51 B. If the owner is unable to comply with the city manager's or the hearing examiner's order within the time required, and the time for appeals to the hearing examiner or petition to the court has passed, the owner may, for good and sufficient cause beyond his or her control, request an extension of time in writing supported by affidavit. The city manager or hearing examiner may grant a reasonable extension of time after finding that the delay was beyond the control of the owner. There shall be no appeal or petition from the denial of an extension of time. C. Any work, including demolition, construction, repairs, or alterations required pursuant to Chapter 17.105 SVMC, shall be subject to all permitting requirements of the City. 17.105.140 Abatement by the City. A. If the parties of interest or owner, following exhaustion of his or her rights of appeal, fails to comply with a final order issued pursuant to Chapter 17.105 SVMC to repair, alter, improve, vacate, close, remove, or demolish the dwelling, building, structure, or premises, or fails to take other required action, the city manager may direct or cause such dwelling, building, structure, or premises to be repaired, altered, improved, vacated, closed, removed, demolished, or to abate such other conditions which render the dwelling, building, structure, or premises unfit for human habitation or other use as identified in the order and to take such further steps as may be reasonable and necessary to prevent access to the structure or premises, for public health or safety reasons, pending abatement. B. The City may seek a judicial abatement order from Spokane County superior court to abate a condition which continues to be a violation of Chapter 17.105 SVMC, or which,pursuant to a final order or hearing examiner decision issued pursuant to Chapter 17.105 SVMC,has been determined to be a dwelling, building, structure, or premises that is unfit for human habitation or other use. 17.105.150 Abatement costs. A. The amount of the cost of any abatement conducted pursuant to SVMC 17.105.140, including actual abatement expenses, reasonable legal fees and costs, administrative personnel costs, penalties, all other related expenses and costs, such as costs of notices, contracting, or inspections, costs of appeal of any decision pursuant to SVMC 17.105.050, and court costs, shall be paid by the parties in interest or owner of the property. If the parties in interest or owner of the property fail to timely pay such costs, the costs shall be assessed against the real property upon which such cost was incurred. The costs of abatement shall be certified by the city manager to the Spokane County treasurer as an amount due and owing to the City, pursuant to RCW 35.80.030, to be entered by the Spokane County treasurer as an assessment upon the tax rolls against the property for the current year and shall become a part of the general taxes for that year to be collected at the same time and with interest at such rates and in such manner as is provided in RCW 84.56.020 as the same now exists or may hereafter be amended, for delinquent taxes, and when collected to be deposited to the credit of the City's general fund. B. If the City removes or demolishes a dwelling, building, structure, or premises pursuant to SVMC 17.105.140,the City shall,if possible, sell the materials from the dwelling,building, structure or premises. The proceeds of the sale of any materials shall be credited against the cost of removal or demolition, and if there is any balance remaining, such balance shall be paid to the parties entitled thereto, after deducting the costs incident thereto. Page 41/51 C. The assessment shall constitute a lien against the property which shall be of equal rank with state, county, and municipal taxes pursuant to RCW 35.80.030(h). D. For purposes of SVMC 17.105.150,the cost of abatement shall include the amount of any relocation assistance payments that were advanced by the City pursuant to RCW 59.18.085 and which have not been repaid and any and all penalties and interest that accrue as a result of the failure of the property owner to timely repay the amount of these relocation assistance payments pursuant to RCW 59.18.085. E. The city manager may modify the time or methods of payment of such expenses as the condition of the property and the circumstances of the owner may warrant. In cases of extreme hardship, such expenses may be waived pursuant to an appropriate written finding by the city manager. 17.105.160 Supplemental chapter. Nothing in Chapter 17.105 SVMC shall be construed to abrogate or impair the powers of the courts or of any department of the City to enforce any provisions of its ordinances or regulations or to prevent or punish violations of such ordinances or regulations; and the powers conferred by Chapter 17.105 SVMC shall be in addition and supplemental to the powers conferred by any other statute or ordinance. 17.105.170 Nuisances—Powers reserved. Nothing in Chapter 17.105 SVMC shall be construed to impair or limit in any way the City's power to define and declare nuisances and to cause their removal or abatement by summary proceedings or otherwise. 17.105.180 Appeal to superior court. A. A decision pursuant to SVMC 17.105.100 shall be considered an"order" for purposes of Chapter 17.105 SVMC. B. An order issued pursuant to Chapter 17.105 SVMC may be appealed to Washington State Superior Court solely as allowed by law. 17.105.190 Emergencies. The provisions of Chapter 17.105 SVMC shall not prevent the city manager or any other officer or agency of the City of Spokane Valley from taking any other action, summary or otherwise, necessary to eliminate or minimize an imminent danger to the health or safety of any person or property. 17.105.200 Discrimination. All proceedings under Chapter 17.105 SVMC shall be subject to the anti-discrimination provisions of RCW 35.80.040 as the same now exists or may hereafter be amended. Page 42/51 Chapter 18.20 HEARING EXAMINER 18.20.010 Authority. The hearing examiner system is established in accordance with the provisions of RCW 35A.63.170, 36.70B.120(3) and Chapter 58.17 RCW et seq. 18.20.020 Appointment. A. The hearing examiner is appointed by the city manager with regard only for qualifications for the duties of the office. The city manager alternatively may contract for hearing examiner services or may appoint one or more hearing examiners pro tem. B. The qualifications for the office of hearing examiner include a license to practice law in the state of Washington, expertise in land use law and planning and the training and experience necessary to conduct administrative or quasi-judicial hearings and to issue decisions and recommendations on land use planning and regulatory matters. 18.20.030 Powers and duties. A. The hearing examiner shall be under the administrative supervision of the city manager. B. The hearing examiner shall have the following powers and duties: 1. Annually provide a written report to the city manager or designee and city council that states the number and type of hearings conducted and decisions issued during the past year, the outcome of such decisions, recommendations for improving the hearing examiner system, and pertinent observations and recommendations regarding land use policies and development regulations. 2. Upon request, meet with the city manager or designee or city council to discuss the written report. 3. Receive and examine available information, make site visits, take official notice of matters, conduct public hearings,prepare a record thereof, and enter findings, decisions or recommendations. 4. As a part of the conduct of public hearings, the hearing examiner shall have the authority to: a. Conduct pre-hearing conferences; b. Require the submittal of information; c. Schedule and continue hearings; d. Rule on all evidentiary and procedural matters, including motions and objections appropriate to the proceedings; e. Receive evidence and cause preparation of the record; Page 43/51 f. Regulate the course of hearings and the conduct of the parties and their agents; g. Maintain order during the hearing process; h. Render decisions and issue written findings and conclusions; i. Include in a decision the conditions of approval necessary to ensure that the application complies with the applicable criteria for its approval; and j. Revoke any approval for failure to comply with the conditions imposed by the hearing examiner where specifically authorized by the UDC SVMC or state law. 5. The hearing examiner shall hear the following matters: a. Variances; b. Conditional use permits; c. Special use permits; d. Shoreline letter of exemption appeals; e. Preliminary plats; f. Appeals from any administrative decision of the depailiuent of community and public works development or the building official in the administration or enforcement of chapter 7.05 SVMC and theTitles 17 through 24 SVMC, Spokane Valley Uniform Development Code efand any other land use code or regulation; g. Appeals on State Environmental Policy Act(SEPA) determinations; h. Site-specific zone changes of property, including any environmental determination (under SEPA); and i. Any other applications or appeals that the city council may refer by motion or ordinance, specifically declaring whether that the decision of the hearing examiner can is a final decision or may be appealed to the city council. 6. All hearings before the hearing examiner shall be scheduled and conducted in the manner set forth in Appendix B. 7. Hearing examiner decisions shall be given the effect of a final decision of the legislative body, except for rezones and where otherwise specified by City Council or the applicable SVMC. �8. Appeals of any decision of the hearing examiner shall be as is set forth in Chapter 17.90 SVMC. 18.20.040 Removal. The hearing examiner or hearing examiner pro tern may be removed by the city manager without cause; or, if serving under a contract, according to the terms or upon its expiration. Page 44/51 18.20.050 Ex parte communications. A. No person may communicate ex parte, directly or indirectly, with the hearing examiner. The hearing examiner may not communicate ex parte with opponents or proponents of any application unless the hearing examiner makes the substance of such communication part of the public record and provides the opportunity for any party to rebut the substance of such communication as provided by law. The hearing examiner may reopen the hearing record prior to a final decision to address such matters. B. This section does not prohibit ex parte communication regarding procedural matters, communication by the hearing examiner with his/her staff or the city attorney's office, communication by the hearing examiner for the sole purpose of conveying information regarding the specifics of an application, or communication by the hearing examiner with city departments for the purpose of obtaining information or clarification, so long as the information or clarification received by the hearing examiner is made part of the record. C. If a prohibited ex parte communication is made to or by the Hearing Examiner, the communication shall be publicly and timely disclosed, and proper discretion shall be exercised by the Hearing Examiner on whether to seek recusal as Hearing Examiner for that particular hearing and have a Hearing Examiner pro tern preside over that matter. 18.20.060 Conflict of interest. The hearing examiner may not participate in a public hearing or decision-making process where such participation would constitute a conflict of interest pursuant to Chapter 42.23 RCW. Similarly, the hearing examiner may not participate in a public hearing or decision-making process where such participation would violate the appearance of fairness doctrine, set forth in Chapter 42.36 RCW, unless the parties to such hearing or decision consent to or waive their right to object to such participation. Page 45/51 Chapter 24.20 PURPOSE 24.20.010 Purpose of provisions. These regulations have been established in compliance with the State Building Code Act to promote the health, safety and welfare of the occupants or users of buildings and structures and the general public as enumerated in RCW 19.27.020. Title 24 SVMC shall not be construed as intending to protect a specific class of persons other than the general public or as creating a duty to any individual citizen. Chapter 24.40 CODES ADOPTED 24.40.010 General. A. The adopted codes shall apply to any structure, equipment, or activity as provided herein. B. All projects submitted for review and approval must conform to the requirements of SVMC Title 24. 24.40.020 Specific. A. Pursuant to Chapters 19.27 and 19.27A RCW, and Chapter 51-50 WAC, thqfe is adapted and in effect within the City adopts the Washington State Building Code, as presently constituted or subsequently amended, together with all amendments and additions provided in SVMC Title 24. The adopted code includes: 1. The International Building Code,current adopted edition, as published by the International Code Council, Inc., including Washington State Amendments (Chapter 51-50 WAC); 2. International Residential Code, current adopted edition, as published by the International Code Council, Inc., including Washington State Amendments (Chapter 51-51 WAC); 3. International Energy Conservation Code, current adopted edition, as published by the International Code Council,Inc., including Washington State Amendments (Chapters 51-11C and 51-11R WAC); 4. International Mechanical Code and the International Fuel Gas Code, NFPA 58 and NFPA 54, current adopted editions, as published by the International Code Council, Inc., including Washington State Amendments (Chapter 51-52 WAC); 5. International Fire Code, current adopted edition, as published by the International Code Council, Inc., including Washington State Amendments (Chapter 51-54A WAC); and Page 46/51 6. Uniform Plumbing Code and Uniform Plumbing Code Standards, current adopted edition, as published by the International Association of Plumbing and Mechanical Officials, including Washington State Amendments (Chapter 51-56 WAC). B. The City hereby adopts the 2018 Edition of the International Property Maintenance Code, current adopted edition, as published by the International Code Council,Inc., except Sections 106, 111, 302.3, 302.4, 302.8, 304.2, 304.8, 304.13 through 304.19, 305.3, 305.6, 308, 309.2 through 309.5,404.1,506.3,507,and 606 are not adopted. The adopted International Property Maintenance Code is further hereby amended as provided in SVMC Title 24. The adopted International Property Maintenance Code is in addition and supplemental to any and all other adopted codes and regulations, and applies to any and all existing structures and premises; equipment, facilities and fixtures; light,ventilation, space heating, sanitation,life and fire safety hazards; responsibilities of owners, operators, and occupants; and occupancy of existing premises and structures; and such other matters as contained therein. C. No provisions contained in any of the codes adopted in SVMC 24.40.020 related to fees, time limitation of application,and permit expiration are adopted. All fees, application time limitations, and permit expirations shall be enforced pursuant to Title 7, 17, and 24 SVMC and not pursuant to the model codes adopted in SVMC 24.40.020. D. No provisions contained in any of the codes adopted in SVMC 24.40.020 related to the appeal of a decision, order, or determination of the Building Official are adopted. All appeals of a decision, order, or determination of the Building Official shall be pursuant to SVMC 17.90.010 and not pursuant to the model codes adopted in SVMC 24.40.020. 24.40.030 Local provisions. A. The provisions contained in the codes adopted in SVMC 24.40.020 shall apply unless specifically amended by SVMC Title 24. B. The following provisions amend all codes adopted by SVMC 2'I.'10.020.Any provisions related to fees, time limitation of application and permit expiration in any of the codes adopted in SVMC 24.40.020 arc not adopted_, including but not limited to International Building Code subsections 105.3.2 and 105.5 as adopted by Chapter 51 50 WAC, and International Residential Codc subsections R105.3.2 and R105.5 as adopted by Chapter 51 51 WAC._ —rr GB. Projects subject to regulation under Chapter 24.40 SVMC vest to the state code edition under which a complete application was accepted. 1. Time Limitation of Application. Applications are valid for one year. One or more extensions of time may be granted for a term of not more than 180 days but shall not exceed the time remaining in the code cycle to which the application is vested. Any request for extension shall be made in writing. All permit applications regulated by SVMC Title 24 shall be deemed to be abandoned and become null and void if a permit is not issued within the time limits described herein. a. Applications that have expired subject to SVMC 24.40.030 have no vested right to review under the state code or Spokane Valley Municipal Code in effect at the time of original complete application. Page 47/51 b.For review to continue on a project for which the application has expired, a new permit application must be submitted and a new fee paid. The application is subject to the processes and requirements of the Spokane Valley Municipal Code as constituted at the time of the new application. The scope of application submittal requirements and review process shall be determined by the city manager or designee. 2. Expiration of Permits. Every permit issued subject to SVMC 24.40.030 shall expire and become invalid unless the work authorized by such permit is commenced within two years of issuance. One or more extensions of time may be granted for a term not more than 180 days but shall not exceed the time remaining in the first full code cycle after the code cycle to which the permit is vested. Any such extension shall be requested in writing. A permit issued subject to SVMC 24.40.030 shall expire and become invalid if the work authorized by the permit is not completed within two years after the first required inspection has been made. a. Permits that have expired subject to SVMC 24.40.030 have no vested right to review under the Spokane Valley Municipal Code in effect at the time of original complete application acceptance. b. When a permit expires and the work authorized by the expired permit is not completed, the remaining work may continue only after a new permit application for the remaining work has been submitted, approved, and new fees paid. The scope of permit review and fee amount shall be determined by the city manager or designee. The fees shall be set to cover actual City costs for services. c. Compliance Actions. If a permit issued to resolve a code violation expires subject to SVMC 24.40.030, the property owner may be subject to the immediate imposition of penalties and remedies authorized by the Spokane Valley Municipal Code. 3. Permit Ownership. Ownership of a permit issued pursuant to SVMC Title 24 inures to the property owner. If the permit applicant is not the property owner, the applicant shall be held to be an agent of, and acting on behalf of, the property owner. 4. Fees and Fee Refunds. Application and permit fees shall be collected or refunded subject to the provisions of the currently adopted Spokane Valley master fee schedule. A permit shall not be valid until the fees prescribed by the Spokane Valley master fee schedule have been paid in full. The building official may authorize the refunding of fees in the manner and for the amounts set forth in the currently adopted Spokane Valley master fee schedule. 5. Work Commencing Before Permit Issuance. Any person who commences any work on a building structure, electrical, gas, mechanical or plumbing system,before obtaining necessary permits, shall be subject to an investigation fee in accordance with the current City of Spokane Valley master fee schedule. Page 48/51 The investigation fee shall be equal to and additional to the permit fee that would have been required had a permit been issued and is owed whether or not a permit is subsequently issued. Payment of the investigation fee does not vest illegal work or establish any right to a permit. 24.40.040 Local amendments to the adopted codes. The City hereby amends the adopted State Building Code as follows: A. The International Building Code. 1. Amend Section 105, Permits, as follows: a. Section 105.2, Work exempt from permit, Building: 1. to read as follows: One-story detached accessory structures used as tool and storage sheds,playhouses and similar uses provided the floor area does not exceed 200 square feet(11.15 m2). b. Section 105.2, Work exempt from permit, Building: Item 6. to read as follows: Item 6. Decks, sidewalks and driveways not more than 30 inches (762 mm) above the lowest adjacent ground level within six feet horizontally of the edge of the deck, sidewalk or driveway and where a guardrail is not required by other sections of this code,and not over any basement or story below and are not part of an accessible route. 2. Amend Section 1613, Earthquake loads, as follows: a. Add a sentence to subsection 1613.1, Scope, as follows: The minimum seismic design category shall be C. B. The International Residential Code. 1. Replace Table R301.2(1), Climatic and Geographic Design Criteria,with the following: GROUND WIND DESIGN SEISMIC SUBJECT TO DAMAGE WINTER ICE FLOOD AIR MEAN SNOW DESIGN FROM DESIGN BARRIER HAZARDS FREEZING ANNUAL LOAD* CATEGORY TEMP. UNDERLAYMENT INDEX TEMP Ultimate Topographic Special Windborne Weathering Frost Termite REQUIRED Design effects wind debris line Speed region region depth (mph)* 39 lbs/ft2 110 No No No C Severe 24" Slight to 10°F Yes 2010 FIRM 1232 47.2°F *Roof *Nominal Moderate Snow Design Load: min. Speed:85 30 lbs/ft2 MANUAL J DESIGN CRITERIA' Elevation Latitude Winter heating Summer cooling Altitude Indoor design temperature Design temperature Heating correction factor cooling temperature difference 2001 47°N 7°F 89°F 0.94 72°F 75°F 65°F Cooling Wind velocity heating Wind velocity Coincident wet bulb Daily range Winter humidity Summer humidity temperature cooling difference 14°F 15 MPH 7.5 MPH 61 High 30% 50% 'Manual J Design Criteria may be based on site-specific data in accordance with the Washington State Energy Code. Page 49/51 2. Amend Section R310.2.5, Emergency escape and rescue openings, as follows: R310.2.5 Replacement of emergency escape and rescue openings except for replacement of glazing only in such windows shall be of the size required by this section. 3. Amend Section R322, Flood-resistant construction, as follows: a. Modify R322.1, General, to add municipal code reference and read as follows: All development in whole or in part within a designated floodplain shall comply with chapter 21.30 SVMC and be designed and constructed in accordance with the provisions contained in this section. b. Add a sentence to subsection R322.1.4, Establishing the design flood elevation, such that the section reads as follows: The design flood elevation is equal to base flood elevation plus one(1)foot.The design flood elevation shall be used to define areas prone to flooding,and shall describe,at a minimum,the base flood elevation at the depth of peak elevation of flooding(including wave height)which has a 1 percent(100-year flood)or greater chance of being equaled or exceeded in any given year. c. Delete item 1 in subsection R322.2.1, Elevation requirements, as amended by Washington State, and replace with a new item 1 to read as follows: 1.Buildings and structures in flood hazard areas not designated as Coastal A Zones shall have the lowest floors elevated to or above base flood elevation plus one foot. d. Delete item 3 in subsection R322.2.1, Elevation requirements, as amended by Washington State, and replace with a new item 3 to read as follows: Basement floors that are below grade on all sides shall be elevated to or above base flood elevation plus one foot. e. Add a second paragraph to Section R322.3.9, Construction documents, to read as follows: The documents shall include a verification of foundation elevation prior to footing inspection approval and a verification of lowest floor elevation to be base flood elevation plus one foot prior to framing inspection approval. C. The International Mechanical Code and the International Fuel Gas Code. Reserved. D. The International Fire Code. 1. Adopt Appendix B, Fire Flow Requirements for Buildings. 2. Adopt Appendix C, Fire Hydrant Locations and Distribution. 3. Adopt Appendix D, Fire Apparatus Access Roads; amend Section D101.1, to read as follows: D101.1 Scope. Fire apparatus access roads shall be in accordance with this appendix and all other applicable requirements of the International Fire Code including the provisions of Section 503 Fire Apparatus Access Roads. E. The Uniform Plumbing Code. Reserved. F. The 2018 International Property Maintenance Code. Page 50/51 1. Amend Section 202, General definitions, by adding the following definitions: a. Blighted property. A property, dwelling, building, or structure which constitutes blight on the surrounding neighborhood. "Blight on the surrounding neighborhood" is any property, dwelling, building, or structure that meets any two of the following factors: i.A dwelling,building,or structure exists on the property that has not been lawfully occupied for a period of one year or more; ii. The property, dwelling, building, or structure constitutes a threat to the public health, safety, or welfare as determined by the City manager or designee; iii. The property, dwelling, building, or structure is or has been associated with illegal drug activity during the previous twelve months. b. Drug properties and structures. Any building, structure and/or associated property, identified by the Chief of Police, wherein or upon which the manufacture, distribution, production or storage of illegal drugs or the precursors to create illegal drugs has taken place in a manner which could endanger the public. 2. Amend Section 202, General definitions,by deleting the following definitions: a. Garbage; b. Housekeeping unit; c. Inoperable motor vehicle. 3. Amend Section 108, Unsafe structures and equipment, as follows: a. Add a new subsection 108.8, Blighted properties, to read as follows: In conformance with RCW 35.80A.010, the City may acquire by condemnation, in accordance with the notice requirements and other procedures for condemnation provided in Title 8 RCW,any property,dwelling,building, or structure which constitutes a blight on the surrounding neighborhood. Prior to such condemnation, the City Council shall adopt a resolution declaring that the acquisition of the real property described therein is necessary to eliminate neighborhood blight. Condemnation of property,dwellings, buildings,and structures for the purposes described in this chapter is declared to be for a public use. b. Add a new subsection 108.9, Drug properties and structures, to read as follows: Drug properties and/or structures are declared to be unsafe properties or structures and are a classification of property subject to the special procedures set forth in Section 108.8.The Building Official is authorized to abate such unsafe buildings,structures,and/or associated properties in accordance with the procedures set forth in this code and Washington statute,chapter 64.44 RCW,with the following additional actions: i.Due to public safety hazard in drug production facilities,all public and private utilities shall be disconnected. ii.Building(s)and structures shall be inspected to determine compliance with all City ordinances and codes. iii. Building(s) and any entry gates to the property shall be secured against entry in the manner set forth in this code. iv.Reconnection of utilities or occupancy of the building(s),structures or property shall not be allowed until all violations have been addressed,all dangerous conditions abated and a notice of release for re-occupancy has been received from the health department and sheriff's office. Page 51/51 v.If dangerous conditions cannot be abated,occupancy shall be prohibited and the structure and/or property may be subject to condemnation pursuant to RCW 35.80A.010,Condemnation of blighted property. 4. Replace the code reference, International Plumbing Code,in Sections 502.5 and 505.1 with the following: The State adoption of the Uniform Plumbing Code. 5. Delete the text of Section 602.2, Residential occupancies, and replace with the following: Dwellings shall be provided with heating facilities capable of maintaining a room temperature of 68°F (20°C) in all habitable rooms,bathrooms,and toilet rooms.Cooking appliances shall not be used to provide space heating to meet the requirements of this section. 6. Delete the text of Section 602.3, Heat supply, and replace with the following: Every owner and operator of any building who rents,leases or lets one or more dwelling units or sleeping units on terms, either expressed or implied, to supply heat to occupants thereof shall provide heat to maintain a temperature of 68°F(20°C)in all habitable rooms,bathrooms,and toilet rooms. 7. Replace paragraph one of Section 602.4, Occupiable work spaces,with the following: Indoor occupiable work spaces shall be supplied with heat to maintain a temperature of 65°F(18°C)during the period the spaces are occupied. 8. Replace the code reference, ICC Electrical Code, in Section 604.2, Service, with the following: The State adoption of the National Electrical Code. APPENDIX B RULES OF PROCEDURE FOR PROCEEDINGS BEFORE THE HEARING EXAMINER OF THE CITY OF SPOKANE VALLEY, WASHINGTON Purpose These Rules of Procedure are intended to facilitate orderly hearings and appeals of administrative decisions pursuant to the Spokane Valley Municipal Code (SVMC). These rules shall be read in conjunction with the SVMC. Any conflict between these Rules of Procedure and the SVMC will be resolved in favor of the SVMC. These rules seek to ensure due process for hearings. Rules may be waived, at the Hearing Examiner's discretion, in order to promote hearing fairness and efficiency. Chapter I contains rules of general applicability. Chapter II sets forth rules for non- appeal hearings, and Chapter III sets forth rules for appeal hearings. Chapter I: Rules of General Applicability Sections: A. Definitions. B. Jurisdiction. C. Ex Parte Communication. D. Nature of Proceedings. E. Authority and Duties of the Hearing Examiner. F. Representation at Hearings or Meetings. G. Conflicts. A. Definitions. Words shall be defined as set forth in Appendix A. Additional definitions specific to Hearing Examiner rules of procedure are provided below: "Appellant" means a person, corporation, organization, association, or other similar group who files a complete and timely appeal of a decision or other appealable action pursuant to the SVMC. "Applicant"means those applying for approval of land uses or other non-land use permits,license, or approvals pursuant to SVMC. "Clerk to the Hearing Examiner" means a person designated to assist in the duties of the Hearing Examiner. "Motion" means an oral or written request made to the Hearing Examiner, for an order or other ruling. "Open Record Hearing" and "Open Record Appeal Hearing" shall have the same meaning as defined in RCW 36.70B.020. Page 1 of 21 "Party of record" means: a. The Applicant and/or any Appellant; b. The property owner, if different than the Applicant; c. The City; d. Any person or public agency who individually submitted written comments to the City prior to the closing of the comment period provided in a legal notice (land use only or if specifically allowed by SVMC); e. Any person or public agency submitting written comments or testifying at the open record hearing (Land use only or if specifically allowed by SVMC); or f. Any person or public agency who submitted to the City a written request to specifically receive the notice of decision or to be included as a party of record prior to the closing of an open record hearing (land use only or if specifically allowed by SVMC). B. Jurisdiction. The scope of the Hearing Examiner's jurisdiction is set forth in RCW 35A.63.170 and chapter 18.20 SVMC. The Hearing Examiner shall have the authority set forth in RCW 35A.63.170 and chapter 18.20 SVMC. The scope of this jurisdiction includes the power to issue orders and make a decision or recommendation on an application or appeal as provided in the SVMC. C. Ex Parte Communication. Ex parte communication with the Hearing Examiner is governed pursuant to SVMC 18.20.050. D. Nature of Proceedings. 1. Expeditious Proceedings. Hearings shall be conducted expeditiously to the extent practicable and consistent with legal requirements. In conducting such proceedings, the Hearing Examiner,City staff,and all parties and their agents shall make every effort at each stage of a proceeding to avoid delay. Subject to these rules, the Hearing Examiner may conduct hearings in such manner as he or she determines is appropriate to promote hearing fairness and efficiency. 2. Oath or Affirmation. All testimony before the Hearing Examiner shall be given under oath or affirmation to tell the truth. Either the Hearing Examiner or the Clerk to the Hearing Examiner shall administer the oath or affirmation. 3. Format. Hearings are less formal than court proceedings, yet designed to present relevant exhibits and testimony to the Hearing Examiner and allow the orderly development of a record. At the Hearing Examiner's discretion, hearings may be conducted in-person, remotely, telephonically, or in such other manner as allowed or required by law;provided that any format shall allow fair participation, testimony, and presentation of evidence by all parties and, as may be required by law, the public. Page 2 of 21 The Hearing Examiner may impose reasonable limitations on the number of witnesses heard, and on the nature and length of their testimony subject to any requirements for allowance of testimony pursuant to federal, state, or local law. In appeals, cross- examination is permitted as necessary for a full disclosure of the facts, but consistent with fairness and due process. The Hearing Examiner shall control the amount and style of cross-examination in the interest of conducting an orderly and timely hearing. The Hearing Examiner may remove or cause the removal of any person who is being disruptive to the proceedings, or continue the proceedings if order cannot be maintained. The Hearing Examiner shall first issue a warning if practicable. 4. Site Inspections. The Hearing Examiner may make site inspections pursuant to SVMC 17.80.120(F). 5. Record of Hearing. a. Hearing Examiner hearings are independent hearings before a neutral third-party that is not party to the application or appeal at issue. The Hearing Examiner shall establish and maintain a record of all proceedings and hearings, including creating and maintaining an electronic recording capable of being accurately transcribed and reproduced. Copies of the record,including the electronic recording,of a particular proceeding shall be made available to the public within three business days of a request. The cost of copying shall be paid by the requester. Any request for the record of hearing pursuant to this subsection shall not be considered as being made pursuant to chapter 42.56 RCW, the Public Records Act, unless otherwise specifically stated by the requester. b. Copies of any materials in the record may be obtained by any interested person, who shall be responsible for paying the cost of reproducing such material. c. The Hearing Examiner may authorize a party to have a hearing reported by a court reporter and have stenographic transcription made at the parry's expense. The Hearing Examiner may also cause a hearing to be reported by a court reporter and transcribed. d. The Hearing Examiner shall be custodian of the hearing record and shall maintain such record until the period for appeal of the Hearing Examiner's final decision has expired or the record is transmitted to a court or the City Council pursuant to an appeal of the Hearing Examiner's final decision. After the appeal period has expired, the hearing record shall be transferred to the City. 6. Service of Documents. Except for an original filing of an appeal or as otherwise directed by the Hearing Examiner, service or filing of any required document may be by e-mail, or e-mail in conjunction with other electronic transmission subject to any time limits established herein, by Hearing Examiner order, by SVMC, or state law. Absent any otherwise established deadline, documents served shall be received on or before 4:00 P.M. on the final day of the applicable time period in order to be considered timely filed. Page 3 of 21 7. Reopening or Continuing Hearings. a. Hearing Examiner. The Hearing Examiner may reopen or continue a hearing to take additional testimony or evidence, or for other cause in the interest of efficiency and fairness, provided a final decision has not been entered. If the Hearing Examiner announces the time and place of a continued hearing on the record before the hearing is closed, no further notice is required. If the hearing is reopened after the close of the hearing, all parties must be given at least five business days' notice of the date,time,place, and nature of the reopened hearing. The Hearing Examiner may reopen the record in such form and manner as deemed appropriate in the interest of efficiency and fairness in order to provide all applicable parties an opportunity to provide such additional testimony or evidence as identified by the Hearing Examiner. b. At the Request of a Party. Any party may make a motion or request for continuance or reopening of a hearing. Motions or requests shall state the basis for the continuance and be made as soon as reasonably possible. Motions and requests shall be made in writing unless made at the hearing. The Hearing Examiner shall have discretion to grant or deny the request for continuance. Any party requesting a continuance should confer with the other parties to select a mutually agreeable date to reopen or continue the hearing, if possible. c. If the decision of the Hearing Examiner rests upon issues of fact or law not raised by any party at time of hearing, the Hearing Examiner shall have discretion to continue and/or reopen the hearing or record to a later date to allow the parties an opportunity to comment and/or present evidence on those issues of fact or law identified by the Hearing Examiner. d. Continuances. Continuances granted by the Hearing Examiner shall be for a period determined by the Hearing Examiner in his or her discretion. E. Authority and Duties of the Hearing Examiner. 1. Authority. The Hearing Examiner shall have all of the authority and duties set forth in RCW 35A.63.170, RCW 36.70B.120, chapter 35.80 RCW, chapter 58.17 RCW, chapter 17.80 SVMC, chapter 17.90 SVMC, chapter 17.105 SVMC, and chapter 18.20 SVMC. 2. Interference. The Hearing Examiner shall not be subject to the supervision or direction of any elected official, officer, employee, or agent of any municipal department in the performance of his/her adjudicative or appellate functions. F. Representation at Hearings or Meetings. 1. Although representation by legal counsel is not required at the hearings, any party participating in the hearings may be represented at the hearings by legal counsel of their choice and solely at their cost. Page 4 of 21 2. At the request of any department or the Hearing Examiner, a representative of the City Attorney's office may be present at the hearings or meetings to advise on matters of law and procedure. 3. Attorneys engaged in the representation of clients before the Hearing Examiner shall conduct themselves pursuant to applicable Rules of Professional Conduct, including the display of courtesy to other members of the bar, witnesses, and all other persons present in the hearing room. 4. Parties may be represented by any representative of their choosing. Any cost for the representative shall solely be at their cost. G. Conflicts. These rules of procedure are adopted to supplement the requirements in the SVMC, RCW 35A.63.170,RCW 36.70B.120, and chapters 35.80 and 58.17 RCW. Any conflicts between these rules and the provisions of the SVMC or RCW will be decided consistent with the applicable SVMC or RCW provision. Chapter II: Hearings on Permit Applications This chapter applies to all hearings other than appeals, including but not limited to open record hearings on land use permit applications. Sections: A. Participation by Parties and Public. B. Scheduling and Notice of Hearings. C. Conduct of Hearings. D. Withdrawal of Application. E. Dismissal of Application. F. Recommendations/Decisions. G. Reconsideration. A. Participation by Parties and Public. 1. City Participation. The City shall be provided notice and the opportunity to present evidence and testimony, object, cross-examine and make motions, arguments, recommendations, and all other actions essential to a fair hearing. 2. Applicant Participation. The Applicant shall be provided notice and the opportunity to present evidence and testimony, object, cross-examine, and make motions, arguments, recommendations, and all other actions essential to a fair hearing. 3. Testifying public. Each member of the public who wishes to testify shall be provided the opportunity to present evidence and testimony at hearings and such other matters at the discretion of the Hearing Examiner. The Hearing Examiner may impose Page 5 of 21 reasonable limitations on the number of witnesses heard and the nature and length of their testimony. 4. Responsibilities of City. The City shall prepare a staff report on the application in the form and manner as identified in subsection II(C)below. Staff reports shall be available to the public at least seven days before the hearing. 5. Responsibilities of Applicant. The Applicant shall provide the Hearing Examiner any material that Applicant wishes to present or intends to rely upon at the hearing at least two days prior to the hearing. The intent of this rule and subsection II(A)(4)above is to ensure that all documents and arguments to be relied upon by any of the principal parties in an open record hearing before the Hearing Examiner are available for review by all other parties prior to the open record hearing,thus avoiding"surprise" at the hearing and facilitating efficiency. These rules will be interpreted by the Hearing Examiner to facilitate that purpose in conformance with applicable legal requirements for open record hearings. 6. Responsibilities of All Parties, Witnesses, and Observers. Parties, witnesses, or observers shall conduct themselves with civility and deal courteously with all involved in the proceedings. Failure to do so may result in removal from the hearing at the discretion of the Hearing Examiner. Testimony shall be directed to the Hearing Examiner on the application at issue and not at other parties. Hearings are limited to consideration of the issue before the Hearing Examiner, and are not public forums for general public comment. Documentary evidence may be received in the form of copies or excerpts, or by incorporation by reference, at the Hearing Examiner's discretion. The Hearing Examiner may require that the original of a document be produced. True and correct copies shall also be given to the City, the Hearing Examiner, and any other party in attendance at the hearing. B. Scheduling and Notice of Hearings. 1. The City, in coordination with the Hearing Examiner, shall prepare an official agenda indicating the dates and times that matters will be heard. The official agenda shall comply with all time limits pursuant to RCW 36.70B.110 and other relevant RCW or SVMC requirement. 2. There may be more than one case scheduled to commence at the same time, and in such an event the Hearing Examiner shall have discretion in setting the agenda. When practical, minor applications, such as a variance or matters that take less time, shall be heard at the beginning of the day's agenda. 3. The Hearing Examiner may consolidate applications involving the same or related properties for hearing. Page 6 of 21 4. Notice of Hearing—Effect of Notice. a. Each public notice required for a hearing of an application shall conform to the applicable statutory and SVMC requirements. The notice shall contain a statement that the hearing will be conducted in the manner set forth in SVMC Appendix B. b. Failure of a person entitled to receive notice to actually receive notice does not affect the jurisdiction of the Hearing Examiner to hear the application when scheduled and render a decision, if the notice was properly published, mailed, and/or posted as required by law. c. A person is deemed to have received notice if the person appears at the hearing, submits written comments on the merits of the application, or the person fails to object to the lack of notice promptly after the person obtains actual knowledge of the hearing date. d. If legally required notice is not given and actual notice is not received,the Hearing Examiner may reschedule the hearing or keep the record open on the matter to receive additional evidence. C. Conduct of Hearings. 1. Content of the Record. The record of a hearing conducted by the Hearing Examiner shall include, but not be limited to, the following materials: a. The application; b. The departmental staff report(s); c. The departmental file for the application, if incorporated into the record by the Hearing Examiner; d. All evidence received or considered by the Hearing Examiner,which shall include oral testimony given at the hearing, all exhibits, and other materials submitted; e. A statement of all matters officially noticed by the Hearing Examiner; f. A decision or a recommended decision containing the findings and conclusions of the Hearing Examiner; g. Electronic recordings of the hearing and proceedings by the Hearing Examiner; h. An environmental determination made pursuant to the State Environmental Policy Act(SEPA),if applicable; and i. An affidavit attesting to the notice given of the hearing (including dates and places of publication and list of addresses). 2. Hearing format. A hearing generally includes, but is not limited to, the following elements: a. A brief introductory statement of the matter and overview of the hearing process by the Hearing Examiner; b. A report by the City including introduction of the official file on the application and its procedural history, an explanation of the application, including the use of visual aids, and the recommendation of the City on the application; c. The submittal of testimony and documents by the Applicant; d. Testimony by the public on the matter; e. Rebuttal of testimony, if applicable; f. Closing arguments; g. An opportunity for questions by the Hearing Examiner; and h. Closure of hearing and record. Page 7 of 21 3. Content and Form of Staff Reports. The City shall coordinate and assemble the comments and recommendations of necessary City departments and commenting agencies, and shall make a written staff report to the Hearing Examiner on all applications. The staff report shall be distributed to the Hearing Examiner, the Applicant, and be made available to the public at least seven calendar days prior to the date of the scheduled public hearing. If the staff report is not timely furnished, the Hearing Examiner may at his or her discretion continue the hearing, considering the prejudice to any party and the circumstances of the case. The staff report shall include the following, if relevant to the application: a. A list of the names and addresses of the owner(s) and Applicant(s) of the subject property and his/her property interest in the property that is the subject of the hearing. b. A brief summary of the requested action and the citation of the SVMC controlling the request. c. A common description of the subject property and a legal description of the subject property. d. A statement identifying applicable SVMC provisions. e. A technical data summary of the Comprehensive Plan designation and zoning designation of the subject property;the current development of the subject property and the adjoining properties; topographical information; geological and soils information; information on the vegetation on the property; and any other relevant scientific, environmental, or engineering information that is reasonably likely to assist the Hearing Examiner in deciding the matter. f. The current access to the subject property from a public right-of-way, and the proposed access to the subject property if different. g. An in-depth analysis of the proposed project under the relevant and applicable criteria. h. A history of the requested action and a history of the development of the surrounding properties. In making the analysis, City staff shall refer to applicable SVMC provisions as often as possible. i. A summary of any other requested land use permits on the property and in the area. j. A description of the compatibility and impact of the proposal on the existing development in the immediate vicinity to the proposed project, and the probable character of the proposed project. k. A summary of the reports or recommendations of any other agencies consulted. 1. Appropriate maps of the subject property. If photographs of the site are available, the Applicant is encouraged to provide color reproductions that shall become part of the staff report. m. The determination of any SEPA analysis or other environmental review. n. Staff conclusions and recommendations, based upon applicable RCW and SVMC approval criteria. The Hearing Examiner may make recommendations to the City on the format and content of staff reports submitted to the Hearing Examiner. Page 8 of 21 4. Evidence. a. Burden of Proof. The Applicant shall have the burden of proof to show an application meets applicable federal, state, and local laws for approval requirements. b. Admissibility. The hearing generally will not be conducted in strict adherence to Rules of Evidence, but evidentiary rules may be used for guidance. Any relevant information and material shall be admitted if it possesses probative value commonly accepted by reasonably prudent persons in the conduct of their affairs. The Hearing Examiner may exclude all evidence that is irrelevant, immaterial, or unduly repetitious. The rules of privilege shall be effective to the extent recognized by law. The Hearing Examiner shall have discretion on the admissibility of all evidence. The Hearing Examiner shall give such weight to the evidence submitted as he or she deems appropriate and as may be required by law. c. Copies. Documentary evidence may be received in the form of copies, excerpts, or incorporation by reference at the Hearing Examiner's discretion. The Hearing Examiner may require an original and it shall be provided to the Hearing Examiner. Parties shall provide copies of all evidence submitted to the Hearing Examiner to all other parties. Upon request, parties shall be given an opportunity to compare the copy with the original. d. Judicial Notice. The Hearing Examiner may take judicial notice of judicially cognizable facts; federal,state,and local laws,ordinances,or regulations,the City's Comprehensive Plan and other adopted plans or policies of the City; and may take notice of general, technical, or scientific facts within his or her specialized knowledge, so long as any noticed facts are included in the record and referenced or are apparent in the Hearing Examiner's final decision. The Hearing Examiner shall not take notice of disputed adjudicative facts that are at the center of a particular proceeding. e. The Hearing Examiner may occasionally request material to be filed after the close of testimony. Only those items referred to at the hearing and specifically requested by the Hearing Examiner may be submitted in this manner. Nothing in this subsection allows any ex parte submission of any document or communication to the Hearing Examiner. All parties shall have the opportunity to address, respond, and/or provide responsive documents as may be allowed by the Hearing Examiner. f. The Hearing Examiner may call witnesses and request written evidence in order to obtain the information necessary to make a decision. The Hearing Examiner may also request written information from or the appearance of a representative from any City department necessary to make a decision. g. Additional evidence may only be submitted upon a request for reconsideration based on the discovery of new evidence which could not reasonably be available at the time of the hearing. If additional evidence is submitted with a request for reconsideration, it will only be considered upon a showing of significant relevance and good cause for delay in its submission. All parties shall be given notice of the Page 9 of 21 consideration of such evidence and granted an opportunity to review such evidence and file rebuttal arguments. h. All parties shall be allowed an opportunity to make a record of evidence admitted or denied during the course of the hearing. This record shall include offers of proof. D. Withdrawal of Application. If a withdrawal request by the applicant is made to the Hearing Examiner before the Hearing Examiner issues a final decision, the Hearing Examiner shall dismiss the application. If so dismissed, then a new application may be submitted by the Applicant and appropriate fees paid therefor as if the withdrawn application had never been submitted. E. Dismissal based on Changed Application or Failure to Participate. 1. The Hearing Examiner shall conduct the public hearing based on the completed application and applicable federal state, and local laws. If the Hearing Examiner determines that the application or proposal has been substantially changed since it was deemed complete, the Hearing Examiner shall dismiss the application without prejudice and direct that a new application be submitted by the Applicant and appropriate fees paid therefor. If the Hearing Examiner determines that the application or proposal has been changed but not substantially,the Hearing Examiner may continue the hearing to give reviewing agencies an opportunity to review the changes made and make recommendations deemed to be necessary under applicable rules and regulations. 2. The Hearing Examiner may dismiss an application for failure by the applicant to attend required hearings or provide requested information. F. Recommendations/Decisions. 1. Written Decisions. The Hearing Examiner shall prepare and issue a written report of findings, conclusions, and decision and forwarded to all parties within the time period necessary to comply with applicable permit review time periods set forth in RCW 36.70B.080 and SVMC 17.80.130,unless a longer time period is mutually agreed to in writing by the Applicant, City, and the Hearing Examiner. Generally, final decisions shall be made within 20 calendar days following the conclusion of all testimony and hearings. Notice of the decision shall be provided pursuant to SVMC 17.80.130(E) and RCW 36.70B.130. 3. Content of Recommendation/Decision. a. The Hearing Examiner's recommendation or decision; b. Any conditions included as part of the decision or recommendation; c. Findings of fact upon which the decision or recommendation, including any conditions, was based. The findings shall be based exclusively on the evidence presented in the hearing and those matters officially noticed. A statement of any threshold determination made upon chapter 43.21 RCW shall be included; d. Conclusions, which shall include a resolution of all the issue(s) based upon the findings. The conclusions may reference legal criteria, if applicable, and shall set Page 10 of 21 forth the manner in which the decision is consistent and/or would carry out the Comprehensive Plan and the SVMC, and include the contents set forth in SVMC 17.80.130(D). If the SVMC so provides,the conclusions may refer to the effect of both approval and denial on property in the vicinity, on businesses, if relevant, and on the general public; and e. The date of the decision and time period for appeal, if any is allowed. G. Reconsideration. 1. Any aggrieved party may file a written petition for reconsideration with the Hearing Examiner within 10 calendar days following the date of the Hearing Examiner's written decision. The date shall be the date from which appeal deadlines are calculated. The petitioner seeking reconsideration shall mail or otherwise provide a copy of the petition for reconsideration to all parties on the date of filing. The timely filing of a petition for reconsideration shall stay the Hearing Examiner's decision until such time as the petition has been disposed of in writing by the Hearing Examiner. For purposes of appeals, all appeal periods shall be reset to the date of the Hearing Examiner's decision on the petition for reconsideration. 2. The grounds for seeking reconsideration shall be limited to the following: a. The Hearing Examiner exceeded the Hearing Examiner's jurisdiction; b. The Hearing Examiner failed to follow the applicable procedure in reaching the Hearing Examiner's decision; c. The Hearing Examiner committed an error of law; d. The Hearing Examiner's findings, conclusions, and/or conditions are not supported by the record; or e. New evidence which could not reasonably have been produced and which is material to the decision is discovered. 3. The petition for reconsideration shall: a. Contain the name,mailing address,and daytime telephone number of the petitioner, or the petitioner's representative,together with the signature of the petitioner or of the petitioner's representative; b. Identify the specific findings, conclusions, actions, and/or conditions for which reconsideration is requested; c. State the specific grounds upon which relief is requested; d. Describe the specific relief requested; and e. Where applicable, identify the specific nature of any newly discovered evidence or changes proposed and its relevance to the issues before the Hearing Examiner. 4. The petition for reconsideration shall be decided by the same Hearing Examiner who rendered the decision, if reasonably available. The Hearing Examiner shall provide notice of the decision on reconsideration to all parties. Within 14 calendar days of receipt of the petition for reconsideration, the Hearing Examiner shall: a. Deny the petition in writing; b. Grant the petition and issue an amended decision pursuant to SVMC 17.80.130 following reconsideration; Page 11 of 21 c. Accept the petition and give notice to all parties of record of the opportunity to submit additional written comment. Parties shall have 10 calendar days from the date of such notice in which to submit written comments. The hearing examiner shall either issue a decision pursuant to SVMC 17.80.130, or issue an order within 15 calendar days after the close of the comment period setting the matter for further hearing. If further hearing is ordered, the Hearing Examiner's office shall mail notice not less than 15 calendar days prior to the hearing date to all parties; or d. Accept the petition and set the matter for further open record hearing to consider new evidence, proposed changes in the application and/or the arguments of the parties. Notice of such further hearing shall be mailed by the Hearing Examiner's office not less than 15 calendar days prior to the hearing date to all parties of record. The Hearing Examiner shall issue a decision following the further hearing pursuant to SVMC 17.80.130. 5. A decision which has been subjected to the reconsideration process shall not again be subject to reconsideration; provided, that a decision which has been revised on reconsideration from any form of denial to any form of approval with preconditions and/or conditions may be subject to further reconsideration. 6. The Hearing Examiner may consolidate for action, in whole or in part, multiple petitions for reconsideration of the same decision where such consolidation would facilitate procedural efficiency. 7. Clerical mistakes and errors arising from oversight or omission in Hearing Examiner decisions may be corrected by the Hearing Examiner at any time either on the Hearing Examiner's initiative or on the motion of a party. A copy of each page affected by the correction,with the correction clearly identified, shall be mailed to all parties of record. This shall not extend the appeal period from the decision. Page 12 of 21 Chapter III: Rules of Appeal of Administrative Decisions This chapter applies to appeals of administrative decisions that approve, deny, or condition a land use permit application or that are otherwise designated by SVMC as appealable to the Hearing Examiner, including SVMC 17.90.010. Sections: A. Filing. B. Notice of Hearing. C. Dismissal. D. Prehearing Orders. E. Party's Representative Required. F. Withdrawal. G. Participation by Parties. H. Default. I. Conduct of Appeal Hearings. J. Hearing Examiner's Decision. A. Filing. 1. Compliance with Rules. All appeals shall comply with these rules and with the requirements established in the applicable federal, state, or local law under which the appeal is filed. 2. Timeliness. A complete appeal shall be filed within 14 calendar days of the issuance of the decision being challenged unless another appeal period is stated in RCW or SVMC, in which case that appeal period shall control. To be considered timely, the appeal shall be filed no later than 4:00 P.M. on the day the appeal period expires. The complete appeal shall be filed in writing with the Building Official or designee unless SVMC specifically states otherwise. 3. Fee. Any filing fee required by the then-current Master Fee Schedule shall accompany an appeal at the time of filing. 4. Contents. A complete appeal shall be in writing and contain at least the following: a. A brief statement as to how the Appellant is significantly affected by or interested in the matter appealed; b. A brief statement of the Appellant's issues on appeal, noting appellant's specific exceptions and objections to the decision or action being appealed; c. The specific relief requested, such as reversal or modification; d. Signature, address, and phone number of the Appellant, and name and address of Appellant's designated representative, if any; e. Full filing fee; and f. Any other information required pursuant to SVMC 17.90.040 or other applicable RCW or SVMC requirements. Page 13 of 21 Any appeal issue not identified or raised in the appeal shall be considered untimely and shall be deemed waived. 5. Appeal Hearing Date. All complete appeals submitted and allowed pursuant to the SVMC shall be scheduled for hearing within 90 calendar days from the date of submission. Further extensions are permitted upon mutual agreement of the appellant, the applicant, and the City or by motion of a party. 6. Frequency. Hearings will be scheduled through City staff in coordination with the Hearing Examiner. There may be more than one case scheduled to commence at the same time, and in such an event the Hearing Examiner shall have discretion in setting the agenda. 7. Appeal arguments. In order to promote efficiency, the parties shall submit written arguments prior to any hearing. Unless otherwise provided by the Hearing Examiner, written arguments shall be submitted as follows: a. Appellant shall submit a brief or material in support of the appeal at least 21 calendar days before the date set for hearing. Appellant's brief or material shall expand upon the issues raised in the appeal application and explicitly set forth alleged errors of law, fact, or procedure, or the discovery of new facts that were not reasonably available at the time the City's decision or action. It shall also include all evidence to be relied upon by the Appellant in support of its appeal. Evidence to be presented at the hearing shall be identified in the submitted material. b. The City shall submit a response brief or material, including, as may be necessary, a staff report, at least seven calendar days prior to the hearing. The City's response shall identify the basis for the decision or issue being appealed. It shall include all evidence to be relied upon by the City in support of its response. Evidence to be presented at the hearing shall be identified in the response. The City may prepare a staff report in accordance with SVMC 17.90.060 or as applicable 17.105.070. Any staff report shall be in the form and contain the information identified in Ch. II(C)(3) above. c. The Hearing Examiner may allow reply briefs or material or otherwise modify the schedule for submission of arguments as necessary for hearing efficiency or in the interest of fairness. d. Briefs or written material shall not exceed 15 pages in length, double-spaced with 12 or 14 point type size, excluding declarations and evidence. The Hearing Examiner may, in the Hearing Examiner's discretion, waive or modify these page limits at the request of either of the parties (or a party of record in the event of a SEPA appeal)to accommodate complex legal and factual issues. e. Briefs shall be limited to the specific issues set forth in the Appellant's statement of appeal except that jurisdictional and other procedural type challenges may be raised in the City's response brief. Page 14 of 21 7. Motions. A party to the proceeding may present a motion to the Hearing Examiner. All motions shall be presented in writing and clearly noted as a motion. Motions may be decided without a hearing at the Hearing Examiner's discretion,or may be presented at a scheduled hearing, as set forth in a prehearing order, or by filing with the Clerk to the Hearing Examiner and serving the motion on the other parties at least five business days prior to the scheduled hearing date unless leave to shorten time is granted by the Hearing Examiner. Notice of the motion and a copy of it shall be given to all other parties of record on the day it is filed. Motions and responses to motions shall not exceed 10 double-spaced pages with 12 or 14 point type size in length without prior approval of the Hearing Examiner. 8. Proposed Findings and Conclusions. The Hearing Examiner may request proposed findings and conclusions from either party. 9. Service of Documents. Except for an original filing of an appeal, e-mail and any other method agreed to in writing by the parties is allowed for service and filing of all documents subject to any time limits established herein or by SVMC, WAC, or RCW. Absent any otherwise established deadline, documents served by e-mail shall be received on or before 4:00 P.M. on the final day of the applicable time period in order to be considered timely filed. B. Notice of Hearing. 1. Contents. Notice of the appeal hearing shall be mailed and emailed(if available)to the Appellant and the applicant, if different than the Appellant, and shall conform to the applicable provisions of the SVMC. 2. Time. Notice of the hearing shall be given within the time required by SVMC. If the time for notice of hearing is not specified by the SVMC, minimum notice shall be at least 35 calendar days before the date required for Appellant's appeal brief. 3. Responsibility. The City shall be responsible for serving notice of hearing for appeals to all parties of record. If the notice of hearing is not timely provided, the Hearing Examiner may reschedule the hearing. 4. Record of Notice. A copy of the notice of hearing shall be made part of each case record. C. Dismissal. 1. An appeal may be dismissed without a hearing if the Hearing Examiner determines that it fails to state a claim for which the Hearing Examiner has jurisdiction to grant relief, or it is without merit on its face, frivolous, or brought merely for the purpose of delay. 2. Any party may request dismissal of all or part of an appeal at any time with notice to all parties. The Hearing Examiner may make a ruling on a motion to dismiss based Page 15 of 21 upon written arguments or may call for oral arguments to supplement the written arguments. 3. When the decision or action being appealed is withdrawn by the issuing department, the appeal becomes moot and shall be dismissed. D. Prehearing Orders. 1. At the Hearing Examiner's discretion, or at the request of a party having standing, a prehearing order may be issued to: a. Identify, clarify, and simplify the issues; b. Decide prehearing motions; c. Establish a schedule for the hearing process, including orders for the exchange of briefs relating to the appeal; and d. Address other matters determined by the Hearing Examiner to be appropriate for the orderly and expeditious disposition of the proceedings. 2. The prehearing order may be circulated via e-mail or other means agreed by the parties. 3. Prehearing orders may not be appealed. 4. At the Hearing Examiner's discretion, or at the request of a party with standing, a prehearing conference may be held to facilitate the issuance of the prehearing order. Holding a prehearing conference is not required for the issuance of a prehearing order. a. All parties shall receive notice of the prehearing conference. b. The prehearing conference may take place via telephone or videoconference equipment. c. All parties of record have the right to be represented at any prehearing conference, but such representation is not required. E. Party's Representative Required. When a party consists of more than one individual, or is a group, organization, corporation, or other entity, the party shall designate an individual to be its representative and inform the Hearing Examiner of the name,address,and telephone number of that designated representative. The rights of the Appellant shall be exercised by the person designated as the party representative. Notice or other communication to the party representative is considered to be notice or communication to the party. F. Withdrawal. 1. Only an Appellant may withdraw an appeal. 2. Where an appeal is made by several persons, a group, organization, corporation, or other entity, withdrawal may only be made by the person designated as the party representative. Page 16 of 21 3. An Appellant's request to withdraw shall be granted as a matter of right and the appeal dismissed. G. Participation by Parties. 1. A party may designate a representative,which may be an attorney. That representative shall be the sole person to act on behalf of a party for all purposes of the appeal. 2. All parties and other participating in and observing hearings shall conduct themselves with civility and deal courteously with all persons involved in the proceedings. Testimony shall be directed to the Hearing Examiner on the application at issue and not at other parties. Appeal hearings are limited to consideration of the issues on appeal, and are not public forums for general public comment. 3. Rights of Appellant. Every Appellant shall have the right to notice, present evidence and testimony, cross-examination, objection, and make motions, arguments, recommendations, and all other rights essential to a fair hearing. 4. Rights of City. The City shall have the right to notice,present evidence and testimony, cross-examination,objection, and make motions,arguments,recommendations, and all other rights essential to a fair hearing. 5. Rights of Applicant and/or Parties of Record (land use appeals or as otherwise specifically allowed by SVMC). The Applicant and every party of record shall have the right to present evidence and testimony at hearings. The opportunity for such persons to cross-examine, object, submit motions, and arguments shall be at the discretion of the Hearing Examiner. 6. Responsibilities of Applicant(if different from Appellant). The Applicant shall provide the Clerk to the Hearing Examiner any material that the Applicant wishes to present or intends to rely upon at the hearing at least seven calendar days prior to the hearing unless otherwise provided herein or by separate order of the Hearing Examiner. The intent of this rule and Ch. III(A)(6) above is to ensure that all documents and arguments to be relied upon by any of the principal parties in an open record appeal hearing before the Hearing Examiner are available for review by all other principal parties prior to the open record hearing, thus preventing "surprise" at the hearing and facilitating efficiency and fairness. These rules will be interpreted by the Hearing Examiner to facilitate that purpose. Requirements of this section may be modified through the prehearing order process. 7. The Hearing Examiner may impose reasonable limitations on the number of witnesses, and on the nature and length of their testimony. Cross-examination is permitted as necessary for a full disclosure of the facts,but consistent with fairness and due process. The Hearing Examiner shall control the amount and style of cross-examination. The Hearing Examiner may remove or cause the removal of any person who is being disruptive to the proceedings, or continue the proceedings if order cannot be maintained. The Hearing Examiner shall first issue a warning if practicable. Page 17 of 21 8. Judicial Notice. The Hearing Examiner may take judicial notice of judicially cognizable facts; federal, state, and local laws, ordinances, or regulations, the City's Comprehensive Plan and other adopted plans or policies of the City; and may take notice of general, technical, or scientific facts within his or her specialized knowledge, so long as any noticed facts are included in the record and referenced or are apparent in the Hearing Examiner's final decision. The Hearing Examiner shall not take notice of disputed adjudicative facts that are at the center of a particular proceeding. 9. Documentary evidence may be received in the form of copies or excerpts, or by incorporation by reference, at the Hearing Examiner's discretion. The Hearing Examiner may require that the original of a document be produced. True and correct copies shall also be given to the City, the Hearing Examiner, and any other party in attendance at the hearing. 10. Admissibility. The hearing generally will not be conducted in strict adherence to Rules of Evidence, but evidentiary rules but may be used for guidance. Any relevant information and material shall be admitted if it possesses probative value commonly accepted by reasonably prudent persons in the conduct of their affairs. The Hearing Examiner may exclude all evidence that is irrelevant,immaterial, or unduly repetitious. The rules of privilege shall be effective to the extent recognized by law. The Hearing Examiner shall have discretion on the admissibility of all evidence. The Hearing Examiner shall accord such weight to the evidence submitted as he or she deems appropriate and as may be required by law. H. Default. The Hearing Examiner may dismiss an appeal by an order of default where the Appellant,without good cause,fails to appear or is unprepared to proceed at a scheduled and properly noticed hearing. I. Conduct of Appeal Hearings. 1. Appeal hearings, although generally informal in nature, shall have a structured format and be conducted in a manner determined appropriate by the Hearing Examiner to make the relevant evidence most readily and efficiently available to the Hearing Examiner and to provide the parties a fair opportunity for hearing. 2. The order of an appeal hearing will generally be as follows: a. Hearing Examiner's introductory statement; b. Background presentation by City (if appeal of land use application); c. Appellant's witnesses, evidence, and argument; d. Parties of Record (as allowed by SVMC); e. City witnesses, evidence, and argument; f. Applicant's presentation (if not Appellant); g. Rebuttal witnesses; and h. Closing argument of parties. Page 18 of 21 3. Notwithstanding any contrary provisions of the SVMC, the order of hearing may be modified or a different order established as the Hearing Examiner deems necessary for a clear, efficient, and fair presentation. The order of the hearing may also be modified as agreed upon by the parties,with the Hearing Examiner's approval. 4. The order of presentation at hearing shall not alter or shift any burden(s) or presumption(s) established by applicable law(s). 5. Testimony shall be given under oath or affirmation. 6. Burden of Proof. a. For appeals of permit applications,unless otherwise provided by law,(i)the original administrative decision is presumptively correct, and (ii) Appellant shall have the burden of proof to show that the original administrative decision was issued in error of law or that the findings, conclusions, or decision are not supported by substantial evidence. b. For appeals of threshold determinations under SEPA and chapter 21.20 SVMC, unless otherwise provided by law, (i) the original administrative decision is presumptively correct, (ii)Appellant shall have the burden of proof, and(iii)must show that the original administrative decision was clearly erroneous. c. For appeals of any enforcement decision, unless otherwise provided by law, (i) the determination by City staff issuing the determination shall be accorded substantial weight, and (ii) Appellant shall have the burden of proof to show that the original administrative decision was issued in error of law or that the findings, conclusions, or decision are not supported by substantial evidence. 7. Content of the Record: The record of an appeal shall include, but is not limited to: a. The application for appeal; b. Departmental staff reports (if applicable); c. The briefs and materials submitted by the Parties; d. The applicable department file, if incorporated into the record by the Hearing Examiner; e. An environmental determination made pursuant to SEPA (if applicable); f. Affidavits of notice for the hearing; g. All evidence received or considered by the Hearing Examiner. Such evidence includes oral testimony given at the hearing, all exhibits, and other materials admitted as evidence including any briefs allowed by the Hearing Examiner; h. A statement of all matters officially noticed; i. A decision or a recommended decision containing the findings and conclusions of the Hearing Examiner; and j. Recordings made on electronic equipment. The Hearing Examiner may authorize a party to have the proceedings reported by a court reporter and have a stenographic transcription made at the parry's expense. The Page 19 of 21 Hearing Examiner may also cause the proceedings to be reported by a court reporter and transcribed. The Hearing Examiner shall have custody of the record of appeal and shall maintain such record until the period for appeal of the Hearing Examiner's final decision has expired or the record is transmitted to court or the City Council pursuant to an appeal of the Hearing Examiner's final decision. Once no longer needed for any subsequent appeals, the record of appeal shall be transferred to the City and kept by the City in compliance with applicable record retention requirements. J. Hearing Examiner's Decision. 1. The Hearing Examiner's appeal decision shall be in writing, be based on the whole record, and include, but not be limited to, the following: a. Background. The nature and background of the proceeding, including identification of party representatives participating in the hearing, prehearing determinations, and other similar information. b. Findings. The facts that the Hearing Examiner finds relevant, credible, and requisite to the decision, based on the record of the proceedings. c. Conclusions. Legal and factual conclusions based upon specific provisions of law and the findings of fact. d. Decision. The outcome of the appeal (affirm/uphold, modify, or deny/reverse). 2. Procedure for Reconsideration. a. Any party of record may file a written petition for reconsideration with the Hearing Examiner within 10 calendar days following the date of the Hearing Examiner's written decision. The petitioner seeking reconsideration shall mail or otherwise provide a copy of the petition for reconsideration to all parties of record on the date of filing. The timely filing of a petition for reconsideration shall stay the Hearing Examiner's decision until such time as the petition has been disposed of in writing by the Hearing Examiner. b. The grounds for seeking reconsideration shall be limited to the following: i. The Hearing Examiner exceeded the Hearing Examiner's jurisdiction; ii. The Hearing Examiner failed to follow the applicable procedure in reaching the Hearing Examiner's decision; iii. The Hearing Examiner committed an error of law; iv. The Hearing Examiner's findings, conclusions, and/or conditions are not supported by the record; or v. New evidence which could not reasonably have been produced and which is material to the decision is discovered. Page 20 of 21 c. The petition for reconsideration shall: i. Contain the name, mailing address, and telephone number of the petitioner, or the petitioner's representative,together with the signature of the petitioner or of the petitioner's representative; ii. Identify the specific findings,conclusions, actions, and/or conditions for which reconsideration is requested; iii. State the specific grounds upon which relief is requested; iv. Describe the specific relief requested; and v. Where applicable,identify the specific nature of any newly discovered evidence and its relevance to the issues before the Hearing Examiner. d. The petition for reconsideration shall be decided by the same Hearing Examiner who rendered the decision, if reasonably available. The Hearing Examiner shall provide notice of the decision on reconsideration pursuant to SVMC 17.90.050 and 17.90.060. Within 14 calendar days, the Hearing Examiner shall: i. Deny the petition in writing; ii. Grant the petition and issue an amended decision pursuant to SVMC 17.90.060 following reconsideration; iii. Accept the petition and give notice to all parties of record of the opportunity to submit additional written comment. Parties of record shall have 10 calendar days from the date of such notice in which to submit written comments. The hearing examiner shall either issue a decision pursuant to SVMC 17.90.060, or issue an order within 15 calendar days after the close of the comment period setting the matter for further hearing. If further hearing is ordered, the Hearing Examiner's office shall mail notice not less than 15 calendar days prior to the hearing date to all parties of record; or iv. Accept the petition and set the matter for further open record hearing to consider new evidence,proposed changes in the application and/or the arguments of the parties. Notice of such further hearing shall be mailed by the Hearing Examiner's office not less than 15 calendar days prior to the hearing date to all parties of record. The Hearing Examiner shall issue a decision following the further hearing pursuant to SVMC 17.90.060. e. A decision which has been subjected to the reconsideration process shall not again be subject to reconsideration; provided, that a decision which has been revised on reconsideration from any form of denial to any form of approval with preconditions and/or conditions may be subject to further reconsideration. f. The Hearing Examiner may consolidate, in whole or in part, multiple petitions for reconsideration of the same decision where such consolidation would facilitate procedural efficiency. g. Clerical mistakes and errors arising from oversight or omission in Hearing Examiner decisions may be corrected by the Hearing Examiner at any time either on the Hearing Examiner's initiative or on the motion of a party of record. A copy of each page affected by the correction, with the correction clearly identified, shall be mailed to all parties of record. This shall not extend the appeal period from the decision. Page 21 of 21 DRAFT ADVANCE AGENDA as of June 2,2022; 10:00 a.m. Please note this is a work in progress;items are tentative To: Council&Staff From: City Clerk,by direction of City Manager Re: Draft Schedule for Upcoming Council Meetings June 14,2022,Special Meeting: Budget Workshop 8:30 a.m.. [due Tue June 7] June 14,2022,Special Meeting,4:00 p.m. [due Tue June 7] 1.PUBLIC HEARING: 6-year TIP—Adam Jackson (15 minutes) 2.Resolution 22-010 Adopting TIP—Adam Jackson (5 minutes) 3.Consent Agenda(claims,payroll,minutes) (5 minutes) 4. Second Reading Ordinance 22-009 Public Parking—Cary Driskell (15 minutes) 5.First Reading Ordinance 22-010 Code Enforcement—Erik Lamb,Bill Helbig (15 minutes) 6.Resolution 22-011 Amending Master Speed Limit Schedule—Jerremy Clark (10 minutes) 7.Resolution 22-012 S.Barker Corridor Rate Studies-Jerremy Clark (10 minutes) 8.Motion Consideration: Splashdown Contract Amendment—Cary Driskell (5 minutes) 9. Sprague Ave. Stormwater Dept of Ecology Grant-Bill Helbig,Gloria Mantz (15 minutes) 10.Admin Report:Code Text Amendment,001,Community Service Regulations—Lori Barlow (30 minutes) 11.Advance Agenda—Mayor Haley (5 minutes) 12.Info Only:Noticing Requirements [*estimated meeting: 130 mins] June 14,2002 Regular, 6 pm Council-Meeting Cancelled June 21,2022,Study Session, 6:00 p.m.—Meeting Cancelled, Council attends AWC Conference,June 21-24, Vancouver June 28,2022,Formal Meeting,6:00 p.m. [due Tue June 21] 1.Consent Agenda(claims,payroll,minutes) (5 minutes) 2. Second Reading Ordinance 22-010 Code Enforcement—Erik Lamb (10 minutes) 3.First Reading Ordinance 22-011,Code Text Amendment 001,Community Service Regulations—L.Barlow(15 min) 4.First Reading Ordinance 22-012,Hearing Examiner Amendments—Cary Driskell (10 minutes) 5.Admin Report:Update Aging&Long Term Care of Eastern Wa—Executive Director Lynn Kimball (15 minutes) 6.Admin Report:Advance Agenda—Mayor Haley (5 minutes) 7.Info Only:Department Monthly Reports [*estimated meeting:60 mins] July 5,2022,Study Session,6:00 p.m. [due Tue June 28] Proclamation:Parks and Recreation Month ACTION ITEMS: 1. Second Read Ordinance 22-011 Code Text Amendment 001,Comm.Service Regulations—Lori Barlow(5 minutes) 2. Second Reading Ordinance 22-012 Hearing Examiner Amendments—Cary Driskell (10 minutes) NON-ACTION ITEMS: 3.RCO Greenacres Update—John Bottelli (10 minutes) 4.Advance Agenda—Mayor Haley (5 minutes) [*estimated meeting:30 mins] July 12,2022,Formal Meeting,6:00 p.m. [due Tue July 5] 1.Consent Agenda(claims,payroll,minutes) (5 minutes) 2.Admin Report:Advance Agenda—Mayor Haley (5 minutes) [*estimated meeting: mins] July 19,2022,Study Session,6:00 p.m. [due Tue July 12] 1.Council Goals&Priorities for Use of Lodging Tax—Chelsie Taylor (10 minutes) 2.Advance Agenda—Mayor Haley (5 minutes) [*estimated meeting: mins] July 26,2022,Formal Meeting,6:00 p.m. [due Tue July 19] Proclamation:National Night Out 1.Consent Agenda(claims,payroll,minutes) (5 minutes) 2.Admin Report:Advance Agenda—Mayor Haley (5 minutes) 3.Info Only:Department Monthly Reports [*estimated meeting: mins] Draft Advance Agenda 6/2/2022 2:11:57 PM Page 1 of 2 August 2,2022,Study Session, 6:00 p.m. —meeting cancelled(National Night Out) August 9,2022,Formal Meeting,6:00 p.m. [due Tue Aug 2] 1.Consent Agenda(claims,payroll,minutes) (5 minutes) 2.Admin Report:Advance Agenda—Mayor Haley (5 minutes) August 16,2022,Study Session,6:00 p.m. [due Tue Aug 2] ACTION ITEMS: 1.Motion Consideration:Council Goals&Priorities for Use of Lodging Tax—Chelsie Taylor (15 minutes) NON-ACTION ITEMS: 2.Council 2023 Budget Goals—Chelsie Taylor (15 minutes) 3.Advance Agenda—Mayor Haley (5 minutes) August 23,2022,Formal Meeting,6:00 p.m. [due Tue Aug 16] 1.Consent Agenda(claims,payroll,minutes) (5 minutes) 2.Admin Report:2023 Budget,Estimated Revenues&Expenditures—Chelsie Taylor (15 minutes) 3.Admin Report:Advance Agenda—Mayor Haley (5 minutes) 4.Info Only:Department Monthly Reports August 30,2022,Study Session,6:00 p.m. [due Tue Aug 23] 1.Advance Agenda—Mayor Haley (5 minutes) Sept 6,2022,Study Session,6:00 p.m. [due Tue Aug 30] 1.Advance Agenda—Mayor Haley (5 minutes) Sept 13,2022,Formal Meeting,6:00 p.m. [due Tue Sept 6] Proclamation: Constitution Week 1.PUBLIC HEARING#1 2023 Budget: 2023 Revenues,Includes Property Taxes (10 minutes) 2.Consent Agenda(claims,payroll,minutes) (5 minutes) 3.Motion Consideration: Set 2023 Budget Hearing for October 12—Chelsie Taylor (5 minutes) 4.Admin Report:Advance Agenda—Mayor Haley (5 minutes) Sept 20,2022,Study Session,6:00 p.m. [due Tue Sept 13] 1.Outside Agency presentations(5 minutes each) (-110 minutes) 2.Proposed Ordinance Adopting 2023 Property Taxes—Chelsie Taylor (10 minutes) 3.Advance Agenda—Mayor Haley (5 minutes) Sept 27,2022, Study Session,6:00 p.m. [due Tue Sept 20] 1.Advance Agenda—Mayor Haley (5 minutes) October 4,2022,Study Session,6:00 p.m. [due Tue Sept 27] 1.City Manager Presentation of 2023 Preliminary Budget—John Hohman (25 minutes) 2.Advance Agenda—Mayor Haley (5 minutes) *time for public or council comments not included OTHER PENDING AND/OR UPCOMING ISSUES/MEETINGS: Appleway Trail Amenities Gov.Auth.Emergencies(info) SCRAPS Update Basement space Mirabeau Park Forestry Mgmt. St.Illumination(owners,cost,location) Castle Park Neighborhood Restoration St.O&M Pavement Preservation CDBG Interlocal Park Lighting Vehicle Wgt Infrastructure Impact Consolidated Homeless Grant PFD Presentation Water Districts&Green Space Continuum of Care(info item) Prosecutor Services Way Finding Signs Core Beliefs Resolution Residency Draft Advance Agenda 6/2/2022 2:11:57 PM Page 2 of 2