Loading...
2004, 04-15 Boundary Review Board File 579-04: proposed annexation r Washington State BOUNDARY REVIEW BOARD For Spokane County RECEIVED 1026 W. Broadway Avenue Spokane,WA 99260-0040 APR 1"6 2004 (509) 477-4237 FAX (509) 477-3631 http://www spokanecounty.org/boundary City of Spokane Valley April 15, 2004 MEMO TO: Affected Government Agencies and Interested Parties FROM: Susan M. Winchell, AICP, Boundary Review Board Director RE: BRB 579-04: Proposed Annexation of the City of Spokane Valley to Fire District 8 (Valley View Hills, Ponderosa, and Morningside) Please find enclosed the Notice of Intention submitted by the City of Spokane Valley and Fire District 8, proponents for the action. it was accepted for filing on April 14, 2004. On that same date, the Board's jurisdiction was invoked as requested by the City of Spokane Valley pursuant to RCW 36.93.100 (1). A public hearing was set by the Boundary Review Board for Monday, May 17, 2004 at 3:00 pm in the City of Spokane Valley Council Chambers, 11707 East Sprague, Spokane Valley. If you have any questions, please do not hesitate to call me at 477-4237. BOARD MEMBERS: Douglas Beu John B. Hagney Robert E. Nebergall Lawrence B. Stone Daniel E. Turbeville,III ' sc .' +.-4- - *44. " . MC. - ...a408t `.. • _ ate' „s-"'tli '«.' ; .'• • »" ..,. '^4tt if N a. ant A�• + ' 'dh Jt. `k v t,. }i.'bF a- ►- • mac- p - •:.41i .►.. • ,w • 44:1:41. ti-1-. trili,'. !;,-". .):—.K.sr;*." - . ...,, .-,,,. '..r 'i . . i 144Sr .4,1.„''.:"' p�.er.�, s t Y' •- ..'! •.� 4. - .. _ .Y :b �7}It ' W77$i� - [.c .. ,t gqyyyyyy�� t"�r, .4,...''. te a... +.,. �r 1r+ •_ - air s r .• • . > H.m.' •f,....y .,gF • • 4-1.....4,.441.:." *,: -1 :. ♦' w+At Itl a 1.. y:i. • 4 .4 w.7•a, .. '.w-'•. t .. .4,K Jr•. oc r•" ra• ., 4 w4,Fp+Kn ff yq 411..416. 4 .1` y«• t .+^.v•fir . ...Mti .ti .c1 a.P. `. '�' ,y �r•.:� w.• ,*M+ .IM lb 4r ' i. ;+F' `„sue . sr r 'sS'- 'Rt xi 'miry .. .y,. Flo , v *r 11�F q 3 yew.♦ + M Y'ly^ ,u.jE*'F _ -4.q' r. `.•qIT _ rYs3'`•1[yy~ y� pR'" 1"'},"..•> ""P 2 r. dCiA T a'ar ` r ar. •- • '•., } , i.4."''t • - - ,t a., .. • L • rl nr-R• r s `� ,+x '*'' IR,'Ftf•F _-`.. ..• ue.. ♦ .e c ':�.r« :y > _.*. ..t-.x, i y f t •OIV ' • 3- a,I *lor y.�s�, p , « •en •.w..-•a -i, . `.,-/.�.#t., ' AT t•. tw.tyl, •'.re , WASHINGTON STATE BOUNDARY REVIEW BOARD FOR SPOKANE COUNTY NOTICE OF INTENTION BRB 579-04 Proposed Annexation of City of Spokane Valley to Fire District 8 (Valley View Hills, Morningside, and Ponderosa) Proponent: City of Spokane Valley Date of Filing: April 14, 2004 Date of Public Hearing: May 17, 2004 Z t Y WASHINGTON STATE BOUNDARY REVIEW BOARD FOR SPOKANE COUNTY NOTICE OF INTENTION 1. Name of City, Town, or Special Purpose District: City of Spokane Valley and Spokane Fire Protection District No. 8 2. Action Sought: Annex property located within the City of Spokane Valley into Fire District No. 8. (If water or sewer extension outside corporate limits, state the size of water line n/a size of sewer lines 1 3. Reason for seeking action: The City of Spokane Valley incorporated on March 31, 2003. State legislation allows fire protection districts to continue providing service through the remainder of the incorporation year. The Council may extend the fire district service for one additional year to allow the City time to consider options for long term fire protection service. By the end of the extended year, the City must decide to either create its own fire department, contract for fire services, or annex to existing fire protection districts. State law allows new cities to annex into more than one fire district. The City of Spokane Valley adopted Resolution No. 03-0049 to continue fire services within Fire District No. 1 and 8 through the end of 2004. Spokane Valley City Council adopted Ordinance No. 04-003, stating the intent to annex to Fire Protection District No.'s 1 and 8 (see attached maps) and to put the annexations to a public vote. The annexation into Fire District 8 requires approval of City of Spokane Valley registered voters living within that District, as well as the registered voters within the fire district living outside Spokane Valley 4. Briefly describe proposal: Fire District No. 8 currently provides fire protection to three small areas within the City of Spokane Valley (see attached map). Fire District 8 proposes to annex the Valley View Hills, Ponderosa, and Morningside areas of the City of Spokane Valley with no change to current fire district boundaries. 5. Method used to initiate the proposed action: Spokane Valley City Council adopted Ordinance No. 04-003, stating the intent to annex the City into Fire District No.'s 1 and 8. 6. State statute under which action is sought: RCW 52.04 FACTORS THE BOARD MUST CONSIDER Please respond to the factors the Board must consider as outlined in RCW 36.93.170. POPULATION AND LAND USE 1. Please provide the following information: Proposed Area Existing Entity Existing 20-year Projection Existing 20-year Projection 1.807 People 2,168 People 20,000 People 22,000 People 723 Residences 867 Residences 8,000 Residences 8,800 Residences 0 Businesses 0 Businesses 06/2002 1 2. What source is the basis for these projections? Spokane County and City of Spokane Valley Interim Comprehensive Plan 3. Acres of the proposed area 651 Acres of the existing entity: 4. Assessed valuation of proposed area: $ 122.7 million of existing entity: $ $1.25 Billion 5. Existing land use of the proposed area: Suburban residential development and vacant land. 6. Existing land use of the area surrounding the proposal: Suburban and rural residential development. 7. Is there residential, commercial, or industrial development that will be associated with this proposal? No. If yes, describe any projects being considered or proposed. 8. If the proposal is approved, will any changes in either the land use, zoning or the Comprehensive Plan designations within the next 18 months be required? No. 9. Has the proposed area been the subject of a land use action by Spokane County? N/A If so, please list the file number(s) and explain. 10a. Spokane Valley Comprehensive Plan designation for the proposed area: Low Density Residential b. For surrounding areas: Low Density Residential, Urban Reserve, Rural Conservation 11. Does your jurisdiction have an adopted comprehensive plan? Yes (interim) Date adopted? March 31, 2003. 12. Describe this proposal's significance to the adopted comprehensive plan: The annexation will allow fire protection levels of service to be maintained consistent with the policies of the Comprehensive Plan. 13a. Spokane Valley zoning for the proposed area: UR-3.5, UR-7 b. For surrounding areas: UR-3.5, UR-7 14.Has any portion of this area been previously reviewed by the Boundary Review Board? Yes List BRB File Nos. BRB-555-01 (City of Spokane Valley Incorporation) 15. Describe the topography, drainage basins and natural boundaries which are included in the area of the proposal and how each affects land use, accessibility and potential development. N/A 16. Is the proposed area within the Spokane County Urban Growth Area? Yes MUNICIPAL SERVICES 1. Name the existing service purveyors in the proposed area. Water N/A Police N/A Wastewater Treatment N/A School N/A Fire Fire District No. 8 Library N/A Water Service 2. Is the proposed area within the future water service area of your jurisdiction according to the Spokane County Coordinated Water System Plan? N/A If not, please explain. 06/2002 2 T � 3. Is the area included in your adopted Water System Plan? N/A If not, please explain. 4. Water treatment plant or well that will serve this area: N/A 5. Current capacity and percentage used of this facility: N/A 6. Projected water treatment plant or well capacity required by proposal: N/A 7. Describe the seasonal variations in water supply and/or pressure within your jurisdiction. N/A 8a. Will increased capacity or other improvements become necessary if proposal is approved? N/A b. Describe these improvements and how they will be financed. N/A 9. Does your jurisdiction have an updated State Board of Health-approved Water System Plan? N/A Wastewater Management 10. According to the Spokane County Wastewater Management Plan, which future service area includes the proposal? N/A If not in your jurisdiction, please explain. 11. Does your jurisdiction have a current DOE wastewater discharge permit? N/A 12a. Does your jurisdiction have a current NPDES permit? N/A b. Please explain any violations of the current NPDES permit in the past 18 months. N/A _ 13. Wastewater treatment plant serving this area N/A 14. Current capacity and percentage used of this facility N/A 15. Projected wastewater treatment plant capacity required by proposal 16a. Will increased capacity or other improvements become necessary if proposal is approved? N/A b. Describe these improvements and how they will be financed. N/A Other Municipal Services 17. Describe the service changes that will occur if the proposal is approved? The proposal will have no effect on fire protection services to this area. Rather the proposal will preserve current fire protection services. 18. Does your jurisdiction have a current capital improvement/development plan? Spokane Valley adopted the County's Comprehensive Plan and Capital Facilities Plan as Interim plans. Spokane Valley will adopt its own Capital Facilities Plan as a part of its Comprehensive Plan. Is this proposal included in this plan? N/A 19. Describe the effect your jurisdiction's ordinances, governmental codes, regulations and resolutions will have on existing uses in the proposed area? Spokane Valley's regulations guide growth and development within the proposed area. 20. Are annexation covenants being required for this proposal? N/A 21. Describe the prospects of governmental services from other sources? Spokane Valley determined that annexing to existing fire protection districts would provide the best service to Spokane Valley citizens. Other options considered by Spokane Valley included forming a City Fire Department, contracting for fire protection services and annexing to a single Fire District. 06/2002 3 i t 22. Describe the probable future needs for services and additional regulatory controls in the area? Spokane Valley's Comprehensive Plan process will examine future needs. 23. Describe the probable effect of the proposal on the cost, adequacy of services and controls a. In the proposed area? The proposal will have no effect on cost or adequacy of service for the proposed annexation area. b. In the adjacent area? The proposal will have no effect on cost or adequacy of service for the adjacent areas. 24. Describe the effect of the proposal on the finances, debt structure, contractual obligations and rights of all affected governmental units? All finances, tax levies, contractual obligations and debt structure will remain unchanged. LOCAL GOVERNMENT 1. Describe the effect of the proposal on adjacent areas? If the annexations are not approved, the adjacent areas will be adversely affected. The areas proposed for annexation contain urban and suburban developments that generate significant funding for the rest of the District. 2. Describe the effect of the proposal on mutual economic and social interests? The mutual economic and social interests will remain the same if the annexations are approved. 3. Describe the effect of the proposal on the local governmental structure of the county. The annexations will have no effect on local governmental structure of the County. ENVIRONMENTAL REVIEW Describe the environmental review process completed for the proposed action. Spokane Valley completed an Environmental Checklist and issued a Determination of Nonsignificance (DNS) on March 23, 2004. The appeal period ended on April 12, 2004. GROWTH MANAGEMENT Describe how the proposal is consistent with the Growth Management Act (RCW 36.70A). The annexations will allow for continued fire protection at an urban level of service as required by the Growth Management Act. OBJECTIVES OF THE BOUNDARY REVIEW BOARD Describe fully which objectives of RCW 36.93.1$0 this proposal meets and which objectives this proposal does not meet. Give your reasons for each of the objectives chosen. 1. Preservation of natural neighborhoods and communities. The annexations will preserve existing fire district boundaries. 2. Use of physical boundaries, including but not limited to bodies of water, highways and land contours. The fire district boundary follows physical and political boundaries. 06/2002 4 3. Creation and preservation of logical service areas. The annexations will preserve existing fire district boundaries. 4. Prevention of abnormally irregular boundaries. The annexations will preserve existing fire district boundaries. 5. Discouragement of multiple incorporations of small cities and encouragement of incorporation of cities in excess of ten thousand population in heavily populated urban areas. N/A 6. Dissolution of inactive special purpose districts. N/A 7. Adjustment of impractical boundaries. N/A 8. Incorporation as cities or towns or annexation to cities and towns of unincorporated areas which are urban in character. N/A 9. Protection of agricultural and rural lands which are designated for long-term productive agricultural and resource use by a comprehensive plan adopted by the county legislative authority. N/A I certify that the above is true and accurate and that I am an official or employee of the governmental jurisdiction seeking boundary change action or the proponent for the incorporation or formation. - 11113/6`t'' Signature of completing this form Date Printed Name of Person Completing this Notice 'J , . Zel(A(Title bot�l, (mac, k A.xj e.✓ Telephone �JGa-4/ '3 Mailing Address ( f 707 E. /-v--e-- #/o to, 06/2002 5 i t l T EXHIBIT A Legal Description -Fire District No. 8 Annexation Valley View Hills Area: That portion of Fire District#8 within Sections 25 and 26, Township 25 North, Range 43 East, W.M., within the Spokane Valley City limits, except that portion within Fire District#1 as depicted on the following maps: 1. Spokane County/City Fire Districts, Dated April 8, 2004, Washington State Boundary Review Board for Spokane County, Sections 25 and 26, T25N, R43E, W.M. 2. Spokane County Assessors GIS Map,NE Quarter, Sec. 26, T25N, R43E, W.M., dated March 8, 2004. 3. Spokane County Assessors GIS Map,NW Quarter, Sec. 25, T25N,R43E, W.M., dated March 9, 2004. And Ponderosa Area: That portion of Fire District#8 within Sections 4 and 5, Township 24 North, Range 44 East, W.M., within the Spokane Valley City limits as depicted on the following maps: 1. Spokane County/City Fire Districts, Dated April 8, 2004, Washington State Boundary Review Board for Spokane County, Sections 4 and 5, T24N, R44E, W.M. 2. Spokane County Assessors GIS Map, Sec. 5, T24N, R44E, W.M., dated December 17, 2003. 3. Spokane County Assessors GIS Map, Sec. 4, T24N, R44E, W.M., dated September 19, 2003 And Morningside Area: That portion of Fire District #8 within Section 30, Township 25 North, Range 45 East, W.M.,within the Spokane Valley City limits as depicted on the following maps: 1. Spokane County/City Fire Districts,Dated April 8, 2004, Washington State Boundary Review Board for Spokane County, Section 25, T25N, R44E, and Section 30, T25N, R45E, W.M. 2. Spokane County Assessors GIS Map, Sec. 30, T25N, R45E, W.M., dated April 21, 2003. M.wAs yl,� . I/ �j .: F14"l EXPIRES: 3/13/062 • . • . . • . . • . . . . • • . • - -• - . .: • EXHIBIT B . . . . . . . . . . . . Valley View Hills . . . . . , . . . • .. . • " • . k • , o 9 . . • . .. — , ", • 1 , wog-.9,-191'PN . ...0%,-P1'or k Cl'ke0.4j k.rierld • . , . , S Pi •A•:,. „.7..,..,.. 1.4 ..1. .5;11:0417:‘07, . • ' 7 / // 3/ . .k .$ . . I . I' '., lie'.N 4'0'rti•...,,e t is/ • - • r't^1,,v "Ya°N C I; t I/ lir-- . iiii . 4'. -C I i te 1 1 I . • • 1 -0. ' . i • I . • i % -.0..0. 0 __ ."2 • Av vv.,a lo..7 -. • . . _ . r • .. . ____ s• • 6 • .e— I-- - LL.1 r0 _ • N cl" A./..tc.r7,7a . e • S ‘•\ C1- .'- -8 • tt• . . I . . • . . . . . porce...qo . . .. - • . - v • IF 11 11,4 • • 'Z 7 NVW .t. N• 4 .. '''*‘451. .. •..;. . . . • ,,,tr: Ik; - - Om-, • . • o • in 7,1 —I 1. a • %,lirm. . ii ' P 'e. - . C\j in) :I •r:S - 00 CM ....., . • tii gri , .:J • 6' ,,mg mai :. c\I .-,. .s.,„. .•.. N'k it* gi 1 : /- -r---- , • \ \ , , .,' )- r) m '..2 • ' : • t ......, iWrcEFiSI L p. , i• ,,,4, ...• . ....--,- d , . •.;‘, \.,•:, u) i . ; u . , C. aDc? . \ . . . \.....,..., go \ NS3 1 5 V 3 5:11311 ,.....__ _ \\ • (.4, - -ivi (44/A4'.'il— -ssss. t-t->-• , , . 1 ". • '''''' 4-„Ry 5.,„w„.,,,.....44* s• s. „ • , . ± -,,..,- _.v *,•4 • _....\ .,.. ...:........ ? , .• . .• ='- ' -.eatrAtti, 146111d.,$ -; . -,:"Nt.. ... ,. ._•:..... EFAR-vallir 0- -___-- , N b• ,°.tt- 41 Min . • • Jit5''''''S.; Pgrig§E i''.) UP .. 'gl ' . •....,.. 4, , i ____ , ,,, 44 .2.3 5e .0•. kg,y.w y ydcn 1/49 A,.01'0 .I9. c • t. N N P'''''',': ...‘:.b.71-...'!,...„..../ . 1-.. . . • . . t . .. . ' . I. . .. .. -• . . • ! . . • . • • =--__. : • EXHIBIT B . • • �, Valley View Hills � h �.. f • • I F f` �Mam. ^+vbrm. G ,, i• LA ; . �-.• 1 N - • hOr � rI - g naoWa �sy' . • H3H0Nvd �''11 ..- — _ . I E li el . N Niiiillti G i • -as—,mraa vM ®�• ur • ' m 1ff, W • �"r— J.a-Mi-Nan•. c `r - .. • W ram• " r h Q a A.a''.x •'/' e a - - re • Y z �� _ Q sJ \• .. •i4�aII . C1= x I �� it - FP ' ,•- I I H&fir N e..s_ • o o= a GC I �j K O hQ d•m�1m b Q .IL `, '.S INN''-"N . ypFplm 9 YIb� A� .i • „Co •r I..'401--113O'a6lv,Ba[K= O'99'<11head. • n/. btk ¢ao11_ V°O , .�g F I.I "k'.' 4 • _4- r°ti�5 6� I„> 6umz-da +oovso..ival • • z - A • • Z?$p:;__. ii., )1 , ; , \.Q ��tiF-• Fc,. o�'f�`r,2n !.2 • C • nv/\j ,..,.vao • e , ;,�� rt. Gzzcry o4# e. c• Can` .j:- • ,, . 6'.�;•; j,,a �' h -g�® /'%?r •/' '6a'0 ..gym .. �/ •N y • C • 0 ' is lir.. 414 ..,..7....,1, 7• ...•,V.,,, , d ,. . • 0' `I GO • 0.--1.1Z . `-e. c ,oE- SIZI 'a U • ,.• . _� Off.• , ui We••-r.a riim" gQ PIV W cy 1' d G Q " • ?elstrO •.h .O�bl_a$. Q4:4 t.'1'ae f - - q n !•a N°�' r • �-' • ' oj^CA on" I J / 7 'R., 'sbry`14 0 ` • i:.: . • • • .• . . , •,,, . 0 0 ___ :-,:7„. ,..h,,„„..,,,,. • _.........,_...r,.., so, .... . ..., H v m t a... p Nloe ':/. .L tiiW. p0 c. —th - --w-4 $ y a., r � �� �, "boon. cn TIHu J rN', : y •�/. /M `r -Pc) tG: • IRV • • h. •^'v • vlvvnv _ N z VNVAV1-1 SA1^/r V SM N- 0 �Q S1/ 15 Y • Y 1 • C d'3 N 2 19 Q •t ` 1- L1 1 N Z N N �N N : EXHIBIT B • I,{)( Ponderosa °• �;: _ •;r.�F. 11`•• • .f ~ •�-.r-[: .. • •/1.r.•.', •,..„..,..!. .... tis .✓�•�i-7 ..... ism •a' ▪ r '�s. 4. r . `,J i, 4 r � ,-, 1. .tom rf i.- 1,-,r ,- 1>r ..C• • - t51€l��•�r • ,. `•.•. IJ ' i4 .5..` 1. 1".� I ice.. S 4 tr F.�*' t6. .j I • •I.: .:.. •1.� ••lid :�' "1S a3lUVW•`ribn ii" _ ,. .,,� . 4'� a N - �,':.�'t .. t ut '.. ;M 11.1 . i . 1 :c !. "� 6M 1 e� .-3- . 4 c\1 • fJ z 'ter _ z [ ' s.i • Chi Tn o ..f. 4 CO° I"2�• I _..-�' Mo - �, G Pa puou t o „..a w� [Mar .>r 'CJ^ t ' K 'Cy M so Is o e� 'a14'.: .° - 1.--.� 1 ett 1 -. rr ,,t1 - v l S I • end . :.l «. 04 ;I I h N • .." I 1 0 ',r{`...t�/i . •\_.t,l h1^ •A = t." , `P `k'': i:._ .teaN• I 4.1, t j i3.. 'it ate S@ ti_,,' .4 . \y.\S�a r. 1 . o.w. *I4 : ?... 3 b,oz/ ,or/.iar AV ..zr ` 1 t- •r • I %. ;'1: .1 h '_C• (C1 I 1 I,- •-_ . .fit • '�,Ir.- ^�7}-----Ts.0.0V •I..oz/__ .M .ucf• •' . _ •o•9'rr, c. -- — --'-- - _-•- •rib)oN06C& / •.. .��.,. � .� i J. i ...„•___ . f ddnbcroo td 0 t:• r,. •r :�1 .r,4.• . " : til iv?; j t/9 • o ♦/Z `'1 k1`1• . • ``S t t a•iT„� v A• y.Y = t • = L.... f I• l� 1 .. \ e»w.`1?�:a'ic><y • h 1pp6f•WV 2/A/6! .. •. :.a. - • 1 r� ( z • m Clip 0 CI +_ U's ' fig,A t.; _ - r a1d 4- b : 3'o' I .- S, zt a t. V1 ` 1 o 's CSC ^i co 1 :I i-- 01 • Q I U �•... / • • f va � I \- \ •`• N Qp• ..�1 ....... • .11 ' •„'�\ II' .1� I' i.� ..•: .v v ,•.1,t�tl Y':.'4: \O.� , I -+ ' -1 _s_.�. J,y • ! .T •Q` 4N• - :, S 1 • c+f;jTt J. .,: t".y`-N T.Z. , r1?.'.'iY... : tji �>`'.pyZ, Q ti l 0.::1''s •V f^•yn• y 4 .• ••�� r i .ztill I.^`r{,y 5 • t __.r s , EXHIBIT B Ponderosa , . . •. • . . _ ..... • - - .. , •,.• ... • ..,,, -" - /.... -,, .,•._..‘ ., ti... . ,,-,-L. -• , • • .. .;. .•,,. ' • •, , '•••• •••;.t. ..;.------•!•,-,,_„.-si... •ir..._....„.. . .„4.41,-.,LA , . : • • 1 - • ."„,i4,-.4.11 ..4.• ,. ,•••••r7;;.x...,,,,,.....:....-.‘.4-3411:, ., - , , • • .t. . -c-;•,- . - - ..! •.. -:.....-4-,,,i-tx:7.4:65-Tr.1----- - i '• -' '• • • i,,.i.-,.........,•,; , .:• • • . • •. .. I • • .,-- I , • ..; • -•'1 '"• - - C)PFI OIAL'PLAT .__I 1 - . ..1. ; .'. . • ''. • i ' •: • /...... •""'''. L.....-.:..•*i.-r.• . • •.' r r •.• A..1?.5 COTT.,ENS&'OZER-.e?..KArig.C,,OUNTI",• • . .. •. •• _, ' .. . ,......:', 21•_...-,.•4!,-. ,.,_ .• ;.• a.p-a..1:a...•1•1::,.;.-,,:t';-•.:.-,...••.-.=.5...,-.'...,'';..'...,.1..,.,.,-• -. • , _• _.q• •.• •i E-i.r,,..2..•1....•...:II1-.s6p.-Y--..-.,S. .••• ,,°.-..-.,._-_..;---a•s,. ,.,i_• ,,,,-..,.4.- .i, j. ),,.;,.,..,_,._._. .,,..... -,.-....- .. • .33 4-- .. •'*1 .•33> i - 44TH N- 64 - : - r-1> .--..-'•a- • . .....,..4 •,..ea..I 0 v -J\: .' ts. ., 'l . ' .• . • ' , .:1 .1e).se,. .. .-.11.1,.• Im..4`"".... 1114 Aim 4. A .0 1 ' • t ...,,t,i f :1111111.4-1 z.- a Ertrall I midi I. ,- , e2 ' .warignursio.IP,411n„ . • , • . .,..._ , 1 mg , . .r .• ft .• . • •I V.• te - '41'. • ' I ie.' .: .l.. gi • . k ._givilitrittliwwn ,,,,3„ . ,.. i illinaltlig ...' /; °T 6. --; _(.4.,_ a.• • • ?• ‘ '• ---•••" '' 110 11 (/ .' 10- 1 • ' YaR.C) 1 ,. . 1 7'i •f • -...••••,.; ,..Er•,7 ri-/--..,••••er11:11 vr..1.5tHr-)>7Noi.- 1, .1 l' r:::'• ' , - ---, '- .'. 0 '' ii. r /4e .4114 EV slil I/ 4. •Ot ... El '. , 7. s,:sf N.. •' /042 /C,j 0 1 Eir 44,. .1 `.1 sta. ..,'• , ..1 454 .. „.. . ...t. 100 mu ..,,..4kt, .1 ...f1-...___j_ ____ _ .-., . 4. 1. .,,-...--- 1 .' . ._ • S , , ,,'',, 1, Ilr. V., It64-4.;;A:.-7...-... / i •,j, AwAr•C 0. ,,,..,..1••."O. 4r;p ,4,• OV 0i, ..'1' t . 0.1.-0,-.Poo 1 I• 1...,„ ,..• .lir 1 V4.1, - 4 r_ripeNa., ..• .*VrIIP •1 Cl•:,:•:.'1,..ries , ,, . . ,,. i il! vfla..? ',...; •Cv,. 2i e (.pi• --C.. i °?•cyfr?/,. LOST 7, -%,,..‘-',•l. ..!10;1,........:L.."...7.: "''' • IF . 7..... ,... rt• i :. •,, .i'MliAmmi cp,_,-... ,...,,, , a ,,- c' I . • u i-i c, •• . . . . , •, . •. .. -:.PJ• 8.,m 441111111P/ •,...,.,,C.O.t A. i p-,,, K:gbr,. .- "- • 1 • , __.._-flit 1.1.rt.,. .1.,142'1.5,Y,il. ........... U ..1.. 7 iia..swir5r. /01.1.0( ....•.a• ... •....,' ....' ,-.6-. 3Th.t,;• . . 1 .. • / ,...,0 R00/15 ci ,1-ot,V4 .b. a . /..//.;i ' •r- i a / ,,7t,3•0 sum- 't rosy .,?",zo i... 04,;", • CI / '... ' ,_,•••1 er f " Ap , • .....\-- -•". . 0,2 . . • .., '• ft i i _j 1, I...1. Iii, „ 2 ,,4. .4./. , r•1.,j I s- • •• - / '-, V•..t. . ,'--, . r,e;,:ai . .0. • .. I. • - (7.7 5: , I \ - •. `... • .:0- ..- cr c S AV, ,t • I/ i • II" 4.'... . ",e 4.1-- AglW\I T'''''i..... •OT :t4. u 5 's -0.'4 c.•-i'Ai- • 1 - 14.11 fcri: : - . - Is •,..',45,.....F's,**1.:. ••' .'V. ;SAIL +frc . "%memo. • c.:711r 9. -It I*,.°-‘ ',6: '6` •- ...;;141111I :--, I • '325.80AP/ LO. ‘.. II.,. .0 6Y-1•:,, •'1,,, .•t,'.1 .; •,e..... .„/ .:. , .1••';'il_L/ )"VV:11' ' I i I • 1 'k /I'A'' •-•:tic. ' • 1 ia- . A 2 1 IN. CO 5-I•(4-I, . ''',..•2":-....11M • ' k ll li '' H• S g „ S!.'?t. 4 t I tl. ip-T IA":'1.7 5.01..;....:i i•FY''. ,:-.1.' !..,,...v.• . •-• mralve I k ••'''' •;`:' • ) II 1• 4 l'iri,xe ti '4 „P.,.. - 5...' . 3 .2 1-‘.'. • nfr..,. ' *.i.. • 4 • 0--: -..' ---. • -- ...i 18 t.,:,.:•: .,r• r .• r....,•I 1e4' VP-% , , ' ..IL? ..??,!!.. ..........e.......j'' .,,M17.74 . • _. ,• I ...-- -{--,-,;19. 104 -1..tb-4-,-k- 2:44. ' t; '2' ./ •-...• et':,1:::1 1% i e,":i•-r 1."? .'- 7 A lt• '-- ; - itiq / /1 • 1, li- ,f.-,L., .7,, -..„ •, .,gi' .,t);.:1k. k51...I.r.: .h V* 4. • rir •tt:1'474.• •*I a.:."ea f..... 4,1,1f, i ....-... . I)fii-J e / 1 i; c. . ••44.,-;•., - .At. • • v. -,,- , u \ . , . , •-.c. 2 'or, . • • .. ,it`,0,42.,7% .•,... • 12 a„.-9 7 ,* ).. . .;<./.. IP ..°° "'":^ 2!.,1•• •;•"„ 0:04' 2' {. . .. ,4.0.1. q •-•r . 0-iv, • ,,o- ., ...• ., . ' • I \ • '....1, ',,,x 4 i':/.'23-41. . ii..1'.?' `...F.,7.7•,:_.-? ,Ij f2 i's%. ; - . I I ..• Vrrfo, "r*/: :. .... 4 LA • • • -• • - • '•.r. ..?•1,Ps,-; . I , ., , . , / / ,,, I, h / . EXHIBIT B . D . , . . Morningside 1 g _ . -‘ I ,tA -- CA . ‘01 ICO ,:r 3 , him ;'', Bill Pr 411111111 llir# lc\I Ili Fri 1 1°4(SI 1 111\1 i 1,1 I.0 ..1&4 ,k Nils Ch,s,`, 1,3 11 itt•.:Iiiii SIVA irrekli A ..... 1141111trap7ft ., I ____ le) A t: 3: c _ N I •311 1,4 0 -f sr .4ti. ..r.z, ... . ... 112<I' I No on till/0 .....%‘:!:.. 0 IIV2:AIM ,i ..: 4L.- ...5 N •-;:-: .. . .ri,,>• .5 IIII* .. 4,4. itimi .. •. .„4.•.. . ,... .. ----l2)--- •::::.• ".... 4W •::...... :......, I— ,0 dr, II) •li. - • .. • . , • . . - — . . . .. , , , r Exhibit C e---) t >_i__.,_____I L t v ' i i i i i i, l 1 1 I i l l l l l l l II- I I I I I I I I I IIHIIJIIIIII4N / F Mai ■ 9,th yth 1111311111 41 C") ll Oth c' 10th - I — 1III11e1 C 11 th 11Wi1U t 23- 12th I 24 H ) — �� Fire District_#1/ il 4';thI �` 1.4th �1 14thE r I Sth TIRi 1504 FTkj N , ii i _ �� - \/ � `� —�0 `n \ .�,,� MO f��' iii ii l8th / 411 <- WM ~ eJ� lkir 4..... ji.C. -2543 ' •- �l9th G 1 1 kl1I1II : alir w 26 Fire District#8 \ 21st 4, 21st a) / rn 0 c.) Legend U ET; Mapt pion T`R°"`hn Bnmdxicx The Dix net#1 L-I Ssrinn&+�Rl=N r1 25th / MurvMa Brn¢danc " C:1 i J O The Swim, I fire District tR4 M1 BRB 579-04 and 580-04 Washington State Boundary Review Board Valley View Hills For Spokane County r Exhibit C ` i i * 4 aS 4 6 A 4..c,c7 1#, tp,k. 4 a i 2544 i 30 \Fire'District #1 ! Fire Districts#8 .sNoc, �5 i 2545 11, ��b i 4 i i i 41140100.4itiiiiipp ii4111111640406 Alliain:Iyapgsildellan i i It tlf, iiIt SIW � I Steen i iliaAir i i Legend utartmrs,n L �i�m.eoeama.dw Fiic Dintret4fl i �� Le_I Sctlm Hamdnks Ni �CI �Gj MmieglHomd�da al 1 GS Fhe Smtlom i11A i Frcc DUtfiCt BRB 579-04 and 580-04 Washington State Boundary Review Board Morningside For Spokane County Exhibit C s, diG 0•0�A( (3-V \U\\JIL,V,,Q,„ im ini 36_____—HIII ii- 0• t,'• , _I -d ■ • ♦ 1�1 0 I �f 1 _ r T I �- 1 �11 �� +� I � #t ��� ♦ N17,th _ N :01 osi�i 04iaua t s. I3. d■iia.:.■a.■llaw.. 3,$thb v s 1i1■n■ril.,.o■■■■■ Reib, .1"0� II# . 1."..40th '01,ir t fia■.., %�srnr*4.140th *II Iv dans ws • 3i_:: � i� 2544 r■ I 1 33 n -34 �� �►����Fire 1Distr-ict #1 c,_� �_ raw. Gi a . :dhiL .. iI. 1 .dattan ilk% c.,All Pondra am ihpieirair 1 //I1 11101,7 um /aas lanai ■■• ', —1 II 43rd r r L9P11 a' i 1 ` h',' II Ma[--26V _ .11.����!ph Now 43i d 1 11$nug,g-allkog � ----- -T ---44th ■■■■■■=is dm. __ �ai �` .47: ��� =I�45tti = Thorpe o �n 46th :: :1 -46th-o _- �\ s�_/... 0 1 a 1 11111*Wil:°11011 I4 11. - - 48th_ -- III c,1 47t1 1�aa O omp la 2,�� . - 11,11111111 k . mmw,0. ``•v— ��� iglp.ioiW l i Holman I > 48rh 009.�11 ■■■■ra/1 ��� Ftii , L,,, aII IANld I k 4 1 0A4 MI-i_ �4li - 5,ou .I ilmi 4allIii:tD Q �' 1011 ` . ■ awl ' wt ' Fire District#8r11; '-, "rLN0 2444 ITIPi ...,, 5� IfiA441 Hallett _ . , Legend w�t.,aci�, L Tmmsh,UAmd.neaD:CCI irc Dis r#1 08 09 ®I Mutigc,�.,aa�, N la ifiniciryl Bmndaria O Fee ShGOi6 Firc Distract SIR 1 i BRB 579-04 and 580-04 Washington State Boundary Review Board Ponderosa For Spokane County I 1 , 4 _ I a v v ; A r , ,,v J _ --- . .5 o .. -_ ,A N v v` \\\V v Vy cu \ b w 1- m w 3 AAA . v \v'I. �♦vrw \\�� v vv,f..v`\ A�i\\�v �tvg`Vv \\`�v vv.�..`\V\Av\sA�1�A\I A Av v �V �J.vA -."--- :j .___--- :�, vy , v , \vyVv . : v ,-.a C.)4A, � 1 L vv\4v w , A IA \ N' '' , , ` � V\ vlv - \ � y A ti,, ` \ "v w� , A Avv vv: .t ,ww , v. V . �1 Vr,..,�v , ' \ V , V vv Hv v i, , ,,>7vv . 1 i, tAv A\yA � VV v A vv. I� � \ �A \ A ` A ' A Uv y!\ .t\ A \ y\ ' A : \ \EV A� < �� V � "\ \ \\�\ AV A" \.Av .` v` `•:A \ ; v;� 0v\A � \ ' - . ,--,'''''N ---'4,'- ,-.0N.,--•\kv,ik.'w",WSN\nTN.:°Vri);Nk;..'N''', \\N',*.... ','''''s.‘$1 .‘'N,`-‘'''3‘\k„,'.'*k,.,.,,-;::,,,-;'Esz,V, , ..,,,f, - :s,,' -74 z__, I, ,k, „\,,:,..*,,, .,,...<,,,,,,,,„,,v\x,...v .k.‘,... v v.c.,,,,\,.. ,., „, c- ,.., 13,1(ft,k,.\,,..k.z„,„,,,„04:4,,,,„,. „...3„,,„.3\i,s.;1,,,,,,,At,44..ka< s....,,,.... ,..,,,,,,,,k '''7,,k,,,,N4,:t„:,,, " \-5,‘„,,,'ro:'i,',;,7= --. c .v `ueS�\ v A A vA VAVv -`\I . i QI \ ;v v A '\\\\ J +-, ' v ‘-‘'N."'",;' ,,,; ,= A i ; v ,y ''O ` A AA' A� \ A Av\A\' ` \� { A V� `". I\ '\ ` ,. Al\\` ;X-7 \\s : .O + �A \V\ A \ \ \,,vkF\V\ ,Av v > \ \\\ � v A�vA \ V v \.V \ \ .\V\.V ' �\\ , .V+,a'., Cia �VA AA \4 A{\ \rA�v\ � \\�.\ ,\\\ti\ $ \ ti\ I _\ \ \ A Q-1 C.J - �c41+. "5..*,,4�1 \,.-:'"°A "� a \. s� \V� ,�,5 �-xr p1' ° �,s;( er V\A:A (:):, ini — ' '. ' t'''''''''''' ';'.:'''` '' ' '‘r.1'1' ' ''''''.,\ 40 1 G n // 1 Egyi.J,!:.*:::-'.',' ' A .1:t . -'1.,,,:,',,,s‘.-;,',-;;.-:. ,.;'A',‘,,.:‘"<;:,_"--,,,;;. .,',.-:::"4" .,,,‘,-,,,,:-;,. ' : ? ! cf-) ,a \ w^ • y Y 'p I I # i o i Eali# ,t `mac...�i i E t�s i EXHIBIT D SPOKANE COUNTY FIRE DISTRICT 1 (Spokane Valley Fire Department) 10319 E. Sprague Avenue Spokane, WA 99206 Resolution No. 2003-213 ) EXTENDING INTERIM ANNEXATION RESOLUTION Background: The City of Spokane Valley, at the time of incorporation was deemed annexed into Spokane Valley Fire Department under RCW 52.04.161 for the year of 2003, the City's date of incorporation. Whereas, the statue permits the annexation to be extended for another year through 2004 by action of the legislative bodies of the City and District. Whereas, it is necessary for the extension to take place to enable the District to levy real property taxes in 2003 for collection in 2004 in the City and to permit the City and District to submit the annexation measure to the voters. Now Therefore, Be it Resolved, that the Board of Commissioners of Spokane Valley Fire Department hereby approves the extension of the statutory annexation of the City of Spokane Valley into the District through 2004. Adopted at a regular meeting of the Board of Commissioners of Spokane Valley Fire Department on November 5, 2003, the following Commissioners being present and voting: jej. Bill Anderson, ommissioner J awson, Commissioner _ I TlG ; Co "ficanr olby ns Commissioner Ron ". hmidt, Commissioner Q:\Dept Data Unshared\Administration\Resolutions\2003\03-213.doc Resolution 2003-213 Page 2 I, Mark Grover, the duly appointed Fire Chief, and the qualified acting Secretary for the Board of Fire Commissioners of Spokane County Fire District 1, do hereby certify that the above and foregoing resolution is a true copy of the resolution that was adopted by the Board of Commissioners on, November 5, 2003. " 2/1'4"r/L- Mark Grover (Attest) MG/md Q:\Dept Data UnsharecMdministration\Resolutions\2003\03-213.doc i EXHIBIT D CITY OF SPOKANE VALLEY SPOKANE COUNTY,WASHINGTON RESOLUTION NO. 03-049 A RESOLUTION OF THE CITY OF SPOKANE VALLEY,SPOKANE COUNTY, WASHINGTON, STATING THE INTENT OF THE CITY TO CONTINUE TO RECEIVE FIRE PROTECTION SERVICES FROM SPOKANE COUNTY FIRE DISTRICT NOS. 1,8,AND 9. WHEREAS, pursuant to RCW 52.04.161, the City has received fire services in its first year of incorporation from the existing fire districts within the City's corporate limits; WHEREAS, RCW 52.04.161 further provides that a newly incorporated city may annex to the existing fire districts within the City's corporate limits for the year following incorporation; WHEREAS, Resolution 03-016, adopted by the City Council February 11, 2003, directed the City Manager to contact Spokane County Fire Districts 1, 8, and 9 to investigate and report on future fire protection services, including annexation for an additional year; WHEREAS, the City Manager has conducted said investigation, and recommends annexing to Spokane County Fire Districts 1, 8, and 9 for 2004; and WHEREAS, the City Council is desirous of being annexed by Spokane County Fire Districts 1, 8, and 9 for 2004. NOW THEREFORE, be it resolved by the City Council of the City of Spokane Valley, Spokane County,Washington, as follows: Section 1. Intent to Annex. In order to continue to receive fire protection, fire prevention, fire suppression, emergency medical, and hazardous material incident response, it is hereby declared that the City of Spokane Valley shall be deemed annexed to Spokane County Fire Districts 1, 8, and 9 for 2004. Section 2. Notification to Boards of Commissioners. The City Clerk shall send a copy of this Resolution to the Boards of Commissioners for Spokane County Fire Districts 1, 8, and 9. Section 3. Effective Date. This Resolution shall be in full force and effect upon adoption of a resolution by each participating Fire District, but no later than December 31,2003. Adopted this 14th day of October, 2003. City of Spokane Valley ..eiI = Mayor Michael DeVlemiy `. ei C_ ' 'r- 74-1"-A- /7 — / City Clerk, Christine Bainbridge Approved as to Fcorm: (7a/vv, h. ) Deputy C(ty Attorney, ary P. Driskell \\CV.FcI\I Icrrc\rhainhridar\rhainhridge\Resolutions\resolution 03-049 extending fire for 2004 for 10-14-03.DOC EXHIBIT D FIRE PROTECTION DISTRICT NO. 8 SPOKANE COUNTY, WASHINGTON RESOLUTION NO. 03-02 A RESOLUTION of the Board of Fire Commissioners of Fire Protection District No. 8, Spokane County,Washington,providing for fire protection services to the City of the Spokane Valley. WHEREAS, in the judgment of the Board of Fire Commissioners (the "Board") of Fire Protection District No. 8, Spokane County, Washington (the "District"), it is essential and necessary for the protection of public health, life and property that the District provide the highest level of fire protection and emergency medical services that can be funded through the District's available tax resources;NOW, THEREFORE, . BE IT RESOLVED,by the Board of the District that RESOLUTION 03-049 of the City of Spokane Valley, in Spokane County, Washington be adopted for the purposes of providing fire protection services as identified in the City of Spokane Valley RESOLUTION 03-049 (Attachment]). THIS RESOLUTION ADOPTED at the regular meeting of the Board of Fire Commissioners of Spokane County Fire District 8,the 14th day of November 2003,by a majority of the members. FIRE PROTECTION DISTRICT NO. 8 SPOKANE COUNTY,WASHINGTON X/. /1"e ( By Grego esse, Chair, Fire District 8 Commissioner %---7 B Kenneth M. K ssle , Fire Commissioner y Ralph E. Schaefer, Fire Commissioner ATTES • • By Susan M. Cronk, District Secretary EXHIBIT D CITY OF SPOKANE VALLEY SPOKANE COUNTY WASHINGTON ' ORDINANCE NO.04-003 AN ORDINANCE OF THE CITY OF SPOKANE VALLEY,WASHINGTON,PROVIDING FOR 1'H!,SUBMISSION OF A PROPOSITION TO THE QUALIFIED VOTERS OF THE:CITY OF SPOKANE VALLEY FOR APPROVAL OR REJECTION OF ANNEXATION TO SPOKANE COUNTY FIRE DISTRICT 1 AND SPOKANE COUNTY FIRE DISTRICT 8 WHEREAS, pursuant to RCW 52.04.161, the City of Spokane Valley has received fire services in its first two years of incorporation from the existing fire districts within the City's corporate limits; WHEREAS, pursuant to RCW 52.04.161, the City of Spokane Valley shall be withdrawn from the existing fire districts unless a ballot proposition is adopted by the voters of Spokane Valley providing • annexation into one or more existing fire districts; WHEREAS, Resolution 03-016, adopted by the City Council February 11, 2003, directed the City Manager to contact the existing fire districts to investigate and report on future fire protection services,including long-term annexation to the districts; WHEREAS, the City Manager has conducted said investigation, and recommends annexing to Spokane County Fire Districts 1 and 8; • WHEREAS,the public interest will be served by annexing to Spokane County'Fire District 1'and Spokane County Fire District 8; WHEREAS,the City Council is desirous of being annexed by Spokane County Fire Districts 1 • ' and 8;and WHEREAS,RCW 52.04.061 states that the legislative authority of a city seeking to annex to one or more fire districts may initiate said annexation by adoption of an ordinance stating the city's intent. NOW THEREFORE,the City Council of the City of Spokane Valley,Washington,ordains as follows: Section 1. Intent. It is the intent of the City Council of the City of Spokane Valley to submit for ballot'proposition of the qualified electorate of the City of Spokane Valley the'approval or rejection of the annexation of the City of Spokane Valley to Spokane County Fire District 1 and Spokane County Fire District 8 as the boundaries of those Districts are configured at the date of the election on this issue. Section 2. Severability. If any section, subsection, sentence•or clause of this Ordinance is for any reason held to be invalid, such decision shall not affect the validity of the remaining provisions of • this Ordinance. Section 3. Effective date. This Ordinance shall be in full force and effect five days after publication of this Ordinance or a summary thereof occurs in the official newspaper of the City as provided by law. • • Ordinance 04-003 Annexation Fire Districts Page 1 of 2 , . • <. l . Passed this 20th day of January,2004. —4\1/1 -W11. .1 Michael DeVleming,N4ayor A 1-1`J.ST . 1,--, A-A-- ,;374-'-`41.-- 1 - . Christine Bainbridge,City Clerk Approved As To For • ``,ty0M06�BQ7d7/ ////(// `%0 SP 0i 4�r"-e Cary P.Drill,Deputy C Attorney 'cji GS •E r Date of Publication: /'02 5 d/ _,March U, D • . Effective Date: /— 3 d -ay/ ,2003 %,1747,,eejeeeeito• Ordinance 04-003 Annexation Fire Districts Page 2 of 2 EXHIBIT D SPOKANE COUNTY FIRE DISTRICT 1 Spokane Valley Fire Department 10319 E. Sprague Avenue Spokane, WA 99206 RESOLUTION NO. 2004-220 CONCURRING IN THE ANNEXATION OF A PORTION OF THE CITY OF SPOKANE VALLEY INTO THE SPOKANE VALLEY FIRE DEPARTMENT AND CALLING FOR AN ELECTION TO BE HELD ON THE ISSUE OF WHETHER THE PORTION OF THE CITY OF SPOKANE VALLEY SHOULD BE ANNEXED INTO AND REMAIN IN THE FIRE PROTECTION DISTRICT. BACKGROUND: WHEREAS, Spokane Valley Fire Department provides fire protection and emergency medical services to a portion of the City of Spokane Valley which, since its incorporation, has been deemed annexed into the District; and WHEREAS, the City has indicated its interest in annexing the portion currently located in the Fire District into and remaining a part of the Fire Protection District under the procedures established in RCW 52.04.061 through 52.04.091; and WHEREAS, the annexation of the portion of the City of Spokane Valley into the Fire Protection District would assure that the District will continue to provide fire protection and emergency medical services to the residents of that portion of the City in the same manner that it currently provides services to the residents of the District; and WHEREAS, the annexation of the portion of the City into the District will not affect the level of service provided to the residents of the District and will not affect the tax levy of the District. RESOLUTION: NOW THEREFORE, BE IT RESOLVED by the Board of Commissioners of Spokane Valley Fire Department that it concurs in and supports the annexation of a portion of the City of Spokane Valley into the Spokane Valley Fire Department. NOW, THEREFORE BE IT RESOLVED by the Board of Commissioners of Spokane Valley Fire Department that the Board of Commissioners hereby requests the Records and Elections Division of Spokane County, as ex-officio Supervisor of Elections, to call a special election on April 27, 2004, in the Fire Protection District to submit to the voters at such election a ballot proposition in the following form: "Shall the portion of the City of Spokane Valley currently located in the Fire Protection District be annexed into and remain a part of Spokane Valley Fire Department (Spokane County Fire Protection District No. 1)?n ADOPTION: ADOPTED at a regular meeting of the Board of Commissioners of Spokane Valley Fire Department on Wednesday, January 21, 2004 the following Commissioners bei pr sent and----voti 4 n Schmidt, Commissioner J e Dawson, Commissioner / y✓l //1 .a -7114", - -4--ii— ---- . / kolb j H ar1son, Commissioner Monte Nesbitt, Commissioner . ' &11 :(,'%,,,,k_____. Bill Anderson, Commissioner I, Mark Grover, the duly appointed Fire Chief and the qualified acting Secretary for the Board of Fire Commissioners of Spokane County Fire District 1, do hereby certify that the above and foregoing Resolution is a true copy of the Resolution that was adopted by the Board of Fire Commissioners on January 21, 2004. ark Grover (Attest) EXHIBIT D Spokane County Fire Protection District.8 12100 E. Palouse Highway Valleyford, WA 99036 Resolution 04-02 CONCURRING IN THE ANNEXATION OF A PORTION OF THE CITY OF SPOKANE VALLEY INTO SPOKANE VALLEY FIRE PROTECTION DISTRICT NO. 8 AND CALLING FOR AN ELECTION TO BE HELD ON THE ISSUE OF WHETHER THE PORTION OF THE CITY OF SPOKANE VALLEY SHOULD BE ANNEXED INTO AND REMAIN IN THE FEE PROTECTION DISTRICT. BACKGROUND: WHEREAS, Spokane Valley Fire Protection District No. 8 provides fire protection and emergency medical services to a portion of the City of Spokane Valley which, since its incorporation,has been deemed annexed into the District; and WHEREAS, the City has indicated its interest in annexing the portion currently located in the Fire District into and remaining a part of the Fire Protection District under the • procedures established in RCW 52.04.061 through 52.04.091; and WHEREAS, the annexation of the portion of the City of Spokane Valley into the Fire Protection District would assure that the District will continue to provide fire protection and emergency medical services to the residents of that portion of the City in the same manner that it currently provides services to the residents of the District; and WHEREAS, the annexation of the portion of the City into the District will not affect the level of service provided to the residents of the District and will not affect the tax levy of the District. RESOLUTION: NOW THEREFORE, BE IT RESOLVED by the Board of Commissioners of Spokane Valley Fire Protection District No. 8 that it concurs in and supports the annexation of a portion of the City of Spokane Valley into the Spokane Valley Fire Department. NOW, THEREFORE BE IT RESOLVED by the Board of Commissioners of Spokane Valley Fire Protection District No. 8 that the Board of Commissioners hereby requests the Records and Elections Division of Spokane County, as ex-officio Supervisor of Elections, to call a special election on April 27, 2004, in the Fire Protection District to submit to the voters at such election a ballot proposition in the following form: "Shall the portion of the City of Spokane Valley currently located in the Fire Protection District be annexed into and remain a part of Spokane Valley Fire Protection District No. 8?" ADOPTION: ADOPTED at a regular meeting of the Board of Commissioners of Spokane Valley Fire Protection District No. 8 on Wednesday, January 21, 2004 the following Commissioners being present and voting. p /DP By Gregory A. lies e, Chair Fire District 8 Commissioner _ , fit l_ ��,��'lti/ y 'enneth M. Kessler, Fire District 8 Commissioner ae a 60t4UCz ire District 8 Commissioner I, Sue M. Cronk, the duly appointed and qualified Secretary for the Board of Fire Commissioners of Spokane Valley Fire Protection District No. 8, do hereby certify that the above and foregoing Resolution is a true copy of the Resolution that was adopted by the Board of Fire Commissioners on January 21, 2004. Sue M. Cronk, Fire District 8 Secretary •J NO. 4 0264 EXHIBIT D • BEFORE THE BOARD OF COUNTY COMMISSIONERS OF SPOKANE COUNTY,WASHINGTON IN THE MA TIER OF RESCINDING ) SPOKANE COUNTY RESOLUTION NO. ) 2004-0173 WHICH CALLED FOR AN ) ET E.CTION WHEREIN THE ELECTORS ) WITHIN THE C.I1 Y OF SPOKANE ) VALLEY AND THE ELECTORS WITHIN ) SPOKANE COUNTY FIRE ) RESOLUTION PROTECTION DISTRICT 1 AND ) SPOKANE COUNTY FIRE ) PROTECTION DISTRICT NO. 8 WOULD ) VOTE ON WHETHER THE Cri Y OF ) SPOKANE VALLEY SHOULD BE ) • ANNEXED INTO AND REMAIN A PART ) OF SPOKANE COUNTY FIRE DISTRICT ) • 1 AND SPOKANE COUNTY FIRE ) PROTECTION DISTRICT NO. 8 ) WHEREAS, pursuant to the provisions of RCW 36.32.120(6), the Board of County Commissioners of Spokane County has the care of County property and the management of County funds and business; and • WHEREAS, pursuant to the provisions of Ordinance No. 04-003, passed by the City Council of the City of Spokane Valley on January 20, 2004; Resolution No. 2004-220, passed by • the Board of Commissioners of Spokane County Fire Protection District 1 Commissioners on January 21, 2004; and Resolution No. 04-02, passed by the Board of Commissioners of Spokane County Fire District No. 8. on January 21, 2004, all three public bodies determined to place before the electors within the City of Spokane Valley, Spokane County Fire Protection District 1 and Spokane County Fire Protection District No. 8 respectively whether or not portions of the City of Spokane Valley, currently located in respective portions of the Fire Protection Districts, should be • annexed into and remain a part of the respective Fire Protection Districts; and • WHEREAS, pursuant to the provisions of RCW 52.04.071 and provisions of Ordinance No. 04-003, passed by the City of Spokane Valley on January 20, 2004; and Resolution No. 2004- 220, passed by the Board of.Commissioners of Spokane County Fire Protection District 1 on January 21, 2004; and Resolution No. 04-02, passed by the Board of Commissioners of Spokane • County Fire Protection District No. 8 on January 21, 2004,the Board of County Commissioners of Spokane County passed Spokane County Resolution No. 2004-0173 wherein the Board called for a Special Election to be held on Tuesday, April 27, 2004, at which an election would be held on • • Page 1of2 4 0260 whether the City of Spokane Valley should be annexed to and remain a part of Spokane County Fire Protection District 1 and Spokane County Fire Protection District No. 8; and • WHEREAS, the City Council of the City of Spokane Valley, in correspondence attached hereto and incorporated herein by reference, advised the Board of County Commissioners that they desired to cancel the special election called by the Board of County Commissioners under Spokane County Resolution No. 2004-0173; and WHEREAS, the Spokane County Prosecuting Attorney's Office, statutory legal counsel for the Board of County Commissioners has advised the Board that it may legally cancel a scheduled election that it has called at any time before the absentee ballots have been mailed. • NOW, THEREFORE, BE IT HEREBY RESOLVED by the Board of County Commissioners of Spokane County, based upon correspondence received from the City Council of the City of Spokane Valley, that Spokane County Resolution No. 2004-0173 is hereby rescinded • • and the special election scheduled to be held on Tuesday, April 27, 2004, wherein certain ballot propositions within such resolution were to be submitted to the electors within the City of Spokane Valley, the electors within Spokane County Fire Protection District 1 and the electors within Spokane County Fire Protection District No. 8, is hereby cancelled. The Clerk of the Board of ` County Commissioners is hereby directed to immediately transmit a copy of this Resolution to the Spokane County Auditor. PASSED AND ADOPTED this-- ' day of 7? c Z !C 2004. • BOARD OF COUNTY COMMISSIONERS • co rd",- II OF SPOKANE, COUNTY,WASH NGTON G 2 1 • • • it, • sEnl-.••• P IP HARRIS, Chair • A 1T ST: h%'�2�E • VICKY M. DALTON ��bk, — f CT.FRK OF THE BOARD . �. r M. KATE CCASLIN, Vice-Chair • Daniela Erickson, Deputy J ROSKELLEY • H:\17aagtnan\Resolutions\Spokane Valley anexation election 022004.do; Page 2 of 2 4 0260 �crn�+� �e EXHIBIT D Hit Valley COUNTY COMMISSIONERS 11707 E Sprague Ave Suite 106 ♦ Spokane Valley WA 99206 509.688-0053 ♦ Fax: 509.921.1008 ♦ cityhall@spokanevalley.org March 25,2004 Francine Boxer,Chief Executive Officer Board of County Commissioners for Spokane County • 1116 West Broadway,Room 100 • Spokane,WA 99260 Re: Removal of fire district annexation from April 27, 2004 election date Dear Francine: Please convey the contents of this letter to the Board of County Commissioners as quickly as possible so that the Board may consider action on our request when they meet • next Tuesday. As you may know, our staff has been working on resolving some issues relating to the pending election for annexation of Spokane Valley to Fire Districts 1 and 8. The primary issue was whether this is a matter that is required by law to be submitted to the Boundary Review Board for review. Specifically, the attorney for the BRB rendered an opinion that in an election for annexation of a new city to two fire districts, . . the issue would need to be submitted on a Notice of Intention to the BRB. Our attorney, and the attorney for the two fire districts, came to the opposite conclusion, that annexing to the fire districts does not represent a"change of boundaries" as contemplated by RCW 36.93.090(a)(1). The attorney for the BRB asserts that if the election does not pass; the boundaries would be changed, thus requiring the review. We find no support for that • assertion. However, in resolving that issue in the manner that appears to chart the safest course, and to provide the highest level of certainty that the results of an election regarding this matter will remain enforceable, our City Council approved two motions last night The first motion was for Spokane Valley to request that Spokane County remove this issue from the April 27, 2004 election ballot. We understand from attorney Jim Emacio and • : Paul Brandt at the Elections Department that Spokane County has not incurred any outside costs on this to date. I wanted to make sure, for your benefit and ours, that we notify you in as timely manner as possible of this request to avoid any such costs. 4 0260 0 Francine Boxer, Chief Executive Officer March 25, 2004 Page 2 Spokane Valley recognizes that once the Board of County Commissioners takes formal action on March 30, 2004 to take this matter is off the ballot for April 27, there would be insvfficient time, as a matter of law, to re-set it for that date. As a result, we would then have to look at a later election date. The second motion is more for the Boundary Review Board,but I wanted to let you know what will occur. The Council moved for Spokane Valley to submit the election proposition to the BR/3 as soon as all of the requisite paperwork is completed. Our goal, and that of the two fire districts, is to hold the election on this issue on September 14, 2004. Let me know if you need any additional information. We appreciate your assistance in resolving these issues. Very truly yours, David Mercier, City Manager • cc: Spokane Valley City Council Jim Emacio, Chief Civil Deputy Prosecuting Attorney • • Paul Brandt,Elections Department Chief Mark Grover, Fire District 1 Chief Dan Blystone, Fire District 8 Clark Snure, Attorney for Fire Districts 1 and 8 • EXHIBIT D MINUTES City of Spokane Valley City Council Regular Meeting Tuesday,December 23,2003 Mayor DeVleming welcomed everyone to the 34th official council meeting, and called the City of Spokane Valley Regular Meeting to order at 6:10 p.m. Attendance: Councilmembers: Michael DeVleming,Mayor Diana Wilhite,Deputy Mayor Dick Denenny,Councilmember Mike Flanigan, Councilmember Richard Munson, Councilmember(via telephone speakerphone) Gary Schimmels,Councilmember Steve Taylor, Councilmember Staff Present: Dave Mercier, City Manager Nina Regor,Deputy City Manager Stanley Schwartz, City Attorney Cary Driskell,Deputy City Attorney Ken Thompson,Finance Director Marina Sukup, Community Development Director Neil Kersten, Public Works Director Morgan Koudelka, Administrative Analyst Sue Pearson,Deputy City Clerk Chris Bainbridge, City Clerk PLEDGE OF ALLEGIANCE: Mayor DeVleming led the Pledge of Allegiance. INVOCATION: Pastor Pat Mecham of Opportunity Presbyterian Church gave the invocation. ROLL CALL: City Clerk Bainbridge called roll. APPROVAL OF AGENDA: It was moved by Councilmember Taylor and seconded by Councilmember Denenny to have discussion regarding potential changes that might need to be made to the interlocal agreement to the tourism promotion area, and to have such discussion toward the end of New Business. After brief discussion,Mayor DeVleming referred to section 1.9 of the Governance Coordination Manual and said that items may only be added to the agenda by the presiding officer, three councilmembers, a majority of the Councilmembers present, or the City Manager. Mayor DeVleming asked if any other councilmembers wished to support the motion. No other councilmembers voiced their support. It was moved by Mayor DeVleming and seconded by Councilmember Schimmels to approve the agenda as presented. Roll Call Vote: In Favor: Mayor DeVleming, Deputy Mayor Wilhite, Councilmembers Schimmels, Flanigan and Munson. Opposed: Councilmembers Taylor and Denenny. Abstentions: None. Motion approved. COMMITTEE,BOARD,LIAISON SUMMARY REPORTS: Councilmember Denenny: reported that he attended the Spokane Transit Authority Board meeting which involved discussion and ultimate approval of their budget; that the budget reflected substantial reduction in operations beginning July; and that there will be two major public-input meetings on this issue in January; and that after the public process, the Board will vote on the proposed changes. Council Minutes 12-23-03 Page 1 of 5 Date Anoroved by Council:01-13-04 Councilmember Taylor: explained that he attended the Board meeting of the Inland Northwest Technology Education Center, where the proposal was discussed to move forward with the connect model based on the University of California San Diego connect economic development model used to promote the high-tech sectors in that City; and they are attempting to put together a similar model for the Spokane region. Councilmember Munson: said that he and Councilmembers Flanigan and Wilhite attended the National League of Cities Convention in Nashville where they attended many classes designed to help officials in their roles, such as a course on How to Involve the Public. Councilmember Taylor asked for a point of order in reference to adding an item to the agenda, and that a motion and a second were stated and asked if a vote should have been taken. Mayor DeVleming cited the Governance Manual dealing with the three ways to add items to an agenda. Mayor DeVleming also mentioned the issue has been scheduled as an agenda item for the January 13 agenda. MAYOR'S REPORT: Mayor DeVleming reminded everyone that the Christmas tree is scheduled to be taken down January 2, and asked that any volunteers meet at the U-City parking lot that morning at 9:00 a.m It was moved by Mayor DeVleming and seconded by Rich Munson to confirm the appointment of Rich Munson to fill the vacancy on the Spokane Transit Authority's Board in place of Deputy Mayor Wilhite's resignation. Vote by Acclamation: In Favor: Unanimous. Opposed: None. Abstentions: None. Motion carried. PUBLIC COMMENT: None was offered. 1. CONSENT AGENDA: After City Clerk Bainbridge read the Consent Agenda, it was moved by Mayor DeVleming and seconded by Councilmember Flanigan to approve the consent agenda as presented. Vote by Acclamation: In Favor: Unanimous. Opposed: None. Abstentions: None. Motion carried. 2. Proposed Ordinance 03-098 to Create Fund—Second Reading. City Manager Mercier explained that state law requires cities to formally create funds which are planned for use in the budget; that the adopted budget anticipates the use of certain funds to receive revenues and to make expenditures for various programs; and this Ordinance creates that fund. It was moved by Mayor DeVleming and seconded by Deputy Mayor Wilhite to approve Ordinance 03-098. Mayor DeVleming invited public comment; none was offered. Vote by Acclamation: In Favor: Unanimous. Opposed:None. Abstentions:None. Motion carried. 3. Proposed Resolution 03-055 to Amend Six-Year Transportation Improvement Program. It was moved by Deputy Mayor Wilhite and seconded by Councilmember Flanigan to approve Resolution 03-055. Public Works Director Kersten explained that this is a housekeeping item and simply adds the sidewalk project as a result of receiving a grant from the Transportation Improvement Board to construct sidewalks along Bowdish Road and 24th Avenue. Mayor DeVleming invited public comment; none was offered. Vote by Acclamation: In Favor: Unanimous. Opposed: None. Abstentions: None. Motion carried. 4. Motion Consideration: Approval of Fleet Management Policy. It was moved by Mayor DeVleming and seconded by Deputy Mayor Wilhite to approve the Fleet Management Policy. City Manager Mercier explained that it is appropriate to have an operating policy and procedures to address the use of the City's vehicles; and that all items raised at the previous study session have been incorporated into the fmal draft of the policy. Mayor DeVleming invited public Council Minutes 12-23-03 Page 2 of 5 Date Approved by Council:01-13-04 comment; none was offered. Vote by Acclamation: In Favor: Unanimous. Opposed: None. Abstentions: None. Motion carried. 5. Motion Consideration: To Amend Hotel/MoteI Contract Concerning Cost Reimbursement. Finance Director Thompson explained that the agreement states that funds are to be distributed on a reimbursement basis from the date the agreement is signed to the now modified date of March 31, 2004. However, because the agreement was signed so late in the year, staff proposes that expenditures should quality for reimbursement as of the date of Council approval, or September 9, 2003. It was moved by Mayor Devleming and seconded by Councilmember Flanigan to approve the amendment to the contract concerning cost reimbursements, to make expenditures from September 9, 2003 to March 31, 2004. Mayor DeVleming invited public comment; none was offered. Vote by Acclamation: In Favor: Unanimous. Opposed:None. Abstentions:None. Motion carried. 6. Motion Consideration: Approval of Probation Services Interlocal Agreement. It was moved by Mayor DeVleming and seconded by Councilmember Flanigan to approve the interlocal agreement. Deputy City Attorney Driskell explained that after discussing this issue with several other local jurisdictions, it appears contracting with Spokane County at this point is the best option, and that staff will continue to research other options for probation after 2004. Mayor DeVlenung invited public comment; none was offered. Vote by Acclamation: In Favor: Unanimous. Opposed: None. Abstentions: None. Motion carried. 7.Motion Consideration: Mayor Appointment to Spokane County Air Pollution Control Authority. Mayor DeVleming explained that after discussing this issue with council, Councilmember Schimmels has indicated his willingness to be appointed; and that all small cities will advance a name and then e-mail vote among the Mayors to determine who to advance to the county for appointment. Deputy Mayor Wilhite said she would be willing to be an alternate if needed. It was moved by Mayor DeVleming and seconded by Councilmember Denenny to advance Councilmember Schimmels to the list of candidates for this appointment. PUBLIC COMMENT: Mayor DeVleming invited public comment; none was offered. 8. Fire District Annexation Issues. Deputy City Manager Regor went over her December 23 memo and the accompanying PowerPoint presentation on the major options for fire services, and added that First District 1 and 8 preferred we annex into both districts. Ms. Regor also mentioned that the Spokane Fire District 1 Board of Commissioners of Spokane Valley Fire Department approved the transfer of the four Spokane County parcels from Fire District #9 to be merged into District 1. Ms. Regor discussed the significant ongoing and financial service impacts to the options as shown on the accompanying chart,including discussion of the maximum levy rates which would be set. Ms. Regor finished by discussing election information and options, and Council concurred that they have no objections to an April 27th election date. 9. Council Retreat Planning. City Manager Mercier explained that many cities and private corporations rely upon a retreat as a time to plan for and address coming issues. After brief discussion, it was determined that February 7, 2004 would be the retreat date with possible times of 9:00 a.m. to 4:00 p.m. Possible topics for retreat discussion included five-year financial forecast, 2005 goals, review of department workplans, governance coordination manual process and rules,comprehensive plan, sewers, and review of contracting. It was mentioned if more complex items are desired, council could always plan for additional retreat days. Council Minutes I2-23-03 Page 3 of 5 Date Approved by Council:01-13-04 10. Draft MOU re STEP Agreement. Public Works Director Kersten explained that Council approved $1,010,000 for the STEP program, and this Memorandum of Understanding outlines the responsibilities and requirements between the City of Spokane Valley and Spokane County for the 2004 Sewer Construction Program. Councilmember Munson requested that staff continue the effort not to cut off traffic from major east/west or north/south corridors for significant lengths of time. The MOU will be placed on the next council agenda for council consideration. 11. Proposed Street Vacation Ordinance Discussion. Deputy City Attorney Driskell explained his December 18, 2003 memo addressing the questions of whether to require payment for the value of the property, and what amount to set for an administrative fee. Attorney Driskell said Spokane County's vacation fee is $300.00. Attorney Driskell said one of the previous questions addressed was whether to charge anything for the value of the property; that there is nothing mandating we charge for the value of the property, but staff suggests if that is an option Council chooses, we might want to charge a fee which would reflect a reasonable amount of cost recovery. Councilmember Munson asked in reference to paragraph 2B, if staff is aware and has examined that case law, and also that the Assessor's Office states that the actual valuation of the land is not relevant, only the total value of land and improvements are relevant. Discussion continued regarding land value versus property value; option 1 administrative fee, special exceptions where the right-of-way has been acquired at public expense, large vacations, and simple vacations. Council agreed to have staff move forward on establishing an appropriate administrative fee with Council or the planning commission retaining the option of approval. City Manager Mercier said staff will come back to council with a recommended administrative fee that staff feels would reflect recovery of costs. 12. Library Report. Deputy City Manager Regor explained her December 23, 2003 memo and accompanying draft agreement. Ms. Regor said that the Library Board met December 16, 2003, and offered some alternatives to their original version approved December 3, 2003. Two variations were approved December 16. One option is based on a taxable valuation formula whereby the property tax valuation would be multiplied by the library district rate of .500, minus 5% uncollectible amount and that resulting amount would be the amount the City of Spokane Valley would pay in 2004 for library services. Ms. Regor stated that the property tax valuation continues to fluctuation, and the 5% uncollectible amount is an estimate and the actual amount will not be known until the end of the year. Under this option, Capital Facilities Planning would be included to be paid for by the District. The second option the Board approved was a payment based upon Valley usage. Costs were allocated to the Valley based upon the Valley use of each library branch. Councilmember Munson said he would like to see if our share of use is proportional to our share of the budget. Councilmember Taylor said he would like the contract based on cost and not on amount of revenue collected. Ms. Regor said she will confirm if the library card can be used district-wide or only in one district. City Manager Mercier added that staff will be looking at what other professional service contracts are part of the 2004 budget so that we can balance whether we are paying the full cost of the professional service contract for capital facilities charge but participating on a percentage basis on all of the other professional services contracts. It was determined staff will focus on option #2 and no longer attempt negotiations with option#1. 13. Legislative Issues Discussion. City Manager Mercier mentioned that he and Jim Justin, Association of Washington Cities lead lobbyist, discussed the council question regarding community empowerment zones, and Mr. Justin verified that as a matter of statute, only six zones are currently allowed creation in the State of Washington, and all of those zones need be established by January 1, 2004; if we want another zone related it would require legislative activity; that Mr. Justin was not certain of the process required if we were simply looking to enlarge a zone in our area; that CTED, the governing arm of that particular program, will be discussing Council Minutes 12-23-03 Page 4 of 5 Date Approved by Council:01-13-04 with Mr. Justin the process to follow for enlargement; and whether it can be an administrative agency decision or needs legislative attention. Mr. Justin informed Mr.Mercier that there are several exemptions within the fabric of the statutes that created the zone, which expire June 2004, and therefore in the short session, the legislature will need to visit this topic area to determine whether or not there will be an extension of the exemption that would otherwise expire; that would provide a legislative vehicle to consider enlargement of the zone or the creation of an additional zone, depending upon which avenue is required under the statute. Mr. Mercier added that legislative issues discussion is scheduled for Council agenda January 13, and the January 20, 2004 agenda includes a motion consideration to adopt the City Council Legislative agenda. Councilmember Munson suggested writing a letter to the legislators with a list and notes and to have this in their possession before they leave for the session. Councilmember Munson suggested he and Councilmembers Taylor and Wilhite get together to draft the letter. Regarding tax equalization, City Manager Mercier said that AWC e-mailed the updated figures prepared by the Department of Revenue, to demonstrate which communities would gain or lose revenue, and there was no change for Spokane Valley with an estimated $106,000 increase per year under this proposal; however, estimates and the affects continue to change leaving great uncertainty in the numbers proposed. Because not all figures are known, Council agreed to oppose this legislation. Regarding water rights, Councilmember Taylor mentioned he feels this should not be included on the agenda this year as it is a long term problem. Councilmember Schimmels agreed this is not a problem this year for our area. Council agreed however, to support the Public Facilities District issue. Regarding tax increment financing, Deputy Mayor Wilhite said she is gathering data and will have some information soon to share with Council. Mayor DeVleming said in reference to tort reform, he would like to monitor the issue until further information becomes available. Deputy Mayor Wilhite said that Senator McCaslin introduced a bill last session which will be re-introduced and more information will be gathered for the next council discussion. [Note: Councilmember Denenny momentarily left the room.] It was also mentioned that in the letter to be drafted by Councilmembers Munson, Taylor and Deputy Mayor Wilhite, the letter will also address the support for the PFD expansion. [Councilmember Denenny returned.] Brief discussion ensued regarding holding a council meeting January 6, 2004. Councilmember Flanigan indicated he would not like to have a meeting as he intends to attend the County's public hearing that date on tourism promotion area. It was moved by Councilmember Taylor and seconded by Councilmember Denenny to have a council meeting January 6, 2004. Discussion turned to issues which might be addressed at a January 6 meeting in addition to the tourism promotion area issue. Vote by Acclamation: In Favor: Councilmembers Taylor and Denenny; Opposed: Mayor DeVleming, Deputy Mayor Wilhite, Councilmembers Flanigan, Munson, and Schimmels. Motion defeated. As there was no further business, it was moved, seconded, and unanimously agreed upon to adjourn. The meting adjourned at 8:25 p.m. Michael DeVleming, Mayor Attest: Christine Bainbridge, City Clerk Council Minutes I2-23-03 Page 5 of 5 Date Approved by Council:01-13-04 • EXHIBIT D MINUTES City of Spokane Valley City Council Regular Meeting Tuesday,January 13,2004 Mayor DeVleming welcomed everyone and called the City of Spokane Valley Regular Meeting to order at 6:00 p.m. Attendance: Councilmembers: Michael DeVleming,Mayor Diana Wilhite, Deputy Mayor Dick Denenny, Councilmember Mike Flanigan, Councilmember Richard Munson, Councilmember Gary Schimmels, Councilmember Steve Taylor, Councilmember Staff Present: Dave Mercier,City Manager Nina Regor,Deputy City Manager Stanley Schwartz, City Attorney Cary Driskell,Deputy City Attorney Ken Thompson,Finance Director Marina Sukup, Community Development Director Neil Kersten,Public Works Director Morgan Koudelka,Administrative Analyst Tom Scholtens,Building Official Bing Bingman, IT Specialist Sue Pearson,Deputy City Clerk Chris Bainbridge, City Clerk PLEDGE OF ALLEGIANCE: Mayor DeVleming led the Pledge of Allegiance. INVOCATION: Pastor Shelley Bryan-Wee of Zion Lutheran Church gave the invocation. ROLL CALL: City Clerk Bainbridge called roll.All councilmembers were present. APPROVAL OF AGENDA: It was moved by Deputy Mayor Wilhite and seconded by Councilmember Flanigan to approve the agenda as presented. Roll Call Vote: In Favor: Unanimous. Opposed: None. Abstentions:None. Motion carried. COMMITTEE,BOARD, LIAISON SUMMARY REPORTS: Deputy Mayor Wilhite: reported that she represented the City at the dedication of the Michael Anderson Elementary School on Fairchild Air Force Base. She also attended an Eagle Scout presentation and presented two proclamations honoring the two young men who had attained the rank of Eagle Scout. Councilmember Taylor: said that he attended the Spokane Public Facilities District Board meeting and will report more on that meeting later concerning the size of the Board. Councilmember Denenny: reminded everyone that the public hearings for the Spokane Transit Authority will be held tomorrow at the Arena from 11:30 a.m. to 4:00 p.m., and again Thursday at the Convention Center from 5:30 p.m.to 8:30 p.m. Council Minutes 01-13-04 Page 1 of 5 Date Approved by Council:01-20-04 MAYOR'S REPORT: Mayor DeVleming said the Christmas tree has now been removed and thanked all those who helped. PUBLIC COMMENT: Rick Behm, 9405 East Sprague: expressed extreme gratitude to SCOPE in general and specifically for their performing a security check at his business at 2:00 a.m. Matt Jankowski, 9512 E. Sprague: discussed the couplet and the negative impact the one-way has had on his business at 9512 East Sprague; said prior to the couplet his revenues were $850,000, and this year revenues were approximately$640,000; that he had to lay off people; feels the Valley Mall had no impact on the business decline as the Mall opened long before the decline of his business; wants Sprague returned to two-way and wants that considered at this Thursday's meeting. Art Britton, E. 18812 Euclid: stated his opposition to spending money to change Sprague back to two- way; said he realizes $4.2 million is ready to help extend the couplet out to Evergreen; that if it does get extended traffic congestion should lessen;he also suggested adding cross-streets. 1. CONSENT AGENDA: After City Clerk Bainbridge read the Consent Agenda,i t was moved by Councilmember Denenny and seconded by Deputy Mayor Wilhite to approve the consent agenda as presented. Vote by Acclamation: In Favor: Unanimous. Opposed: None. Abstentions: None. Motion carried. 2.First Reading Proposed Towing Ordinance 04-001. After City Clerk Bainbridge read the ordinance by title, it was.moved by Councilmember Munson and seconded by Councilmember Denenny to advance this ordinance to a second reading for January 20, 2004. Attorney Driskell gave an overview of the ordinance and his accompanying memo; he suggested changing Section 6, Al to omit the reference to the commercial driver's license and to state whatever is required under existing state law. In response to a call for public comment, Bill Sproutz, 13503 E. 288th stated that he feels [towing] businesses should be located within the city limits as well as the storage facility. Councilmember Denenny added that he feels it reasonable to have operators located within the City limits so that citizens can have reasonable expectations of retrieval within community boundaries. Vote by Acclamation:In Favor: Unanimous. Opposed:None. Abstentions:None. Motion carried. 3.First Reading Proposed Street Vacation Ordinance 04-002. After City Clerk Bainbridge read the ordinance by title, it was moved by Mayor DeVleming and seconded by Deputy Mayor Wilhite to advance Ordinance 04-002 to a second reading. Current Planning Manager Kevin Snyder explained that the main purposes of this ordinance are to implement policies for the processing and c orisideration o f street vacation requests; t o a ddress conformity t o applicable statutory requirements; and to provide a level of certainty to customers, the Council, Planning Commission and staff on procedures for street vacations. Mr. Snyder went over the highlights of the ordinance, and added in keeping with the desire to have cost recovery, staff suggests revising the current $300 fee to $1300. Mr. Snyder explained that this fee is comparable to other public hearing related application fees(such as a $1500 fee for a rezone request) which involve various departments such as planning and legal. Mayor DeVleming invited public comment; none was offered. Vote by Acclamation: In Favor: Unanimous. Opposed:None. Abstentions:None. Motion carried. Council Minutes 01-13-04 Page 2 of 5 Date Approved by Council:01-20-04 4.First Reading Proposed Fire District Annexation Ordinance 04-003. After City Clerk Bainbridge read the ordinance by title, it was moved by Mayor DeVleming and seconded by Councilmember Munson to advance ordinance 04-003 to a second reading. Deputy City Manager Regor gave some background leading to this ordinance, and stated that the Fire Districts involved will also be required to pass similar motions to set this into action. Mayor DeVleming invited public comment; none was offered. Vote by Acclamation:In Favor: Unanimous. Opposed:None. Abstentions: None. Motion carried. PUBLIC COMMENTS: Tony Lazanis said he questioned why council and the city manager won't give direction regarding the Design Build Operation in that the DBO will cost millions more to the valley people; that he would like to see other options; and he feels there is a need to have the valley own and operate the facility. ADMINISTRATIVE REPORTS: 5. Animal Control Discussion. Deputy City Manager Regor gave background information concerning animal control service including contract summary, method used in determining estimated cost of animal control, projected animal control costs, a regional plan for licensing, and next steps which include determining the best service options. Spokane Animal Control Director Nancy Hill was asked to speak regarding the county's response to the RFP and the estimated$651,000 annually. Ms. Hill said that more details will be known after the January 20th meeting, that a true regional approach will allow cost savings; that she plans tentatively to go with a two-year contract to give the community the opportunity to further discuss the regional approach, adding that a regional committee will be forming and she would like to have at least one Spokane Valley representative on t hat c ommittee. D uring discussion o f licenses, City Attorney S chwartz s aid h e w ill research to see if other cities require a license at the point of sale of the pet. 6. Design Build Operation(DBO)Discussion Public Works Director Kersten went over his PowerPoint presentation which included DBO advantages and disadvantages, the DBO process,risk allocation, financial guarantees, and similarities and differences compared with Stockton, California's DBO. Mr. Kersten said that it would take approximately 18 months from RFQ to signed agreement and that the DBO should result in lower rates. City Manager Mercier added that the County will be the lead on this project and staff will provide details of the public hearing process at the next council meeting. Mr. Kersten indicated he anticipates the interlocal agreement to be finalized within the next few months. Mayor DeVleming called for a recess at 7:40 p.m., and reconvened the meeting at 7:50 p.m. 7. Tourism Promotion Area Discussion City Attorney Schwartz said that in the formation of the TPA, the first procedural process is to establish a TPA through notice and an opportunity for all affected rate payers to testify about the TPA; however,the notice was deficient because it had not been delivered to all of the lodging associations, specifically to the owners of recreational vehicle parks and similar establishments. Mr. Schwartz explained that in the "Decision" there are three reasons which caused the Board of County Commissioners to terminate the formation proceedings for the TPA. Also, to include a City within a county-wide TPA,the city must have given consent via an interlocal agreement. Mr. Schwartz explained that the City of Spokane signed an interlocal agreement but it was not the agreement agreed to by the County so the agreement will need to be modified. Also, the Board of County Commissioners would like some indication from this body on possible additional issues to be presented in the interlocal agreement. Discussion then ensued regarding the draft interlocal agreement. Specific issues included: Section 7C and if it differs from State Iaw; Section 7B and the apparent ambiguous phrase "honor this request;" cost for a TPA manager and who will act as said manager; clarification of Section 7B regarding the 40% filing a petition; and having a Council Minutes 01-13-04 Page 3 of 5 section dealing with litigation, indemnification and protection of the city. Councilmember Flanigan added that he wants to make sure the hoteliers have the ability to remove themselves. Mr. Schwartz will continue to gather information and report again at the next council meeting. 8. Library Agreement Report. Deputy City Manager Regor explained that the current offer made by the Library Board mid-December contained two possible options: one based on property tax valuation, and the other on assumed usage. Council previously supported the usage concept. Ms. Regor said that the Board came up with a base usage of $1,902.171, with 2004 adjusted Spokane Valley costs of $2,032,660, which took into consideration a 6.86% increase factor, and added $67,200 for the value of participating in the reciprocal agreement between the Spokane County Library District and the City of Spokane Public Library, which agreement was recently enacted and allows members of any jurisdiction or area to use the other facility without costs. This brought the board adopted option to approximately $2.1 million. Additionally, the Board changed the inflation factor from 6.86 to 6.21% as the original percentage was not the final budget figure. This correction led to the total cost of $2,087,456, or a difference of about $12,000.00. Discussion turned to the $67,200 figure and how that value was calculated. Ms. Regor also confirmed that if there is no exchange of funds between the two library districts, the Spokane County Library District will not experience $67,200 worth of expenses associated with the reciprocal agreement. Ms. Regor said in reference to the Capital Facilities Plan, the agreement states that the Library District and the City of Spokane Valley will work to complete the Plan by June 2004; that both entities will contribute staff time, the District will pay external costs; and should the City not contract with o r annex t o the District beyond 2004, the City will reimburse the District for up to $10,000 of those external costs; and that both entities will agree in advance as to what those costs include. Additionally, the City will appoint a staff member and a citizen as well as staff support, to the Capital Facilities Plan Advisory Committee. Ms. Regor said the next Board meeting is set for January 20, 2004. It was Council consensus to remove the$67,200 figure. Mr. Mercier stated staff will provide this counteroffer to the District. 9. International Building Code Discussion. Building Official Scholtens gave a report on the background of the building code changes and announced the upcoming January 22 public hearing before the Planning Commission. After their review, the ordinance will be brought back before Council. Mr. Scholtens also noted that the enforcement of a statewide building code is mandated by statute. It was moved, seconded and agreed upon to extend the Council meeting to 9:15 p.m. 10. Legislative Issues Discussion. Tax Equalization Issues: Councilmember Taylor reported that AWC continues working to clarify the issues surrounding the sales tax issue in preparation for upcoming hearings; and as the figures are not specific,AWC is examining the possibility for funding those cities which would be severally affected due to the anticipated drop in revenue. Council agreed to continue to oppose this legislation pending further specific information. Public Facilities District Board: discussed expansion of the Board to six members, which would include one member of Council. Councilmember Taylor said that the Board is reluctant to expand beyond the five members they have; and they prefer that one of the two County seats be given to the Valley; and the County opposes that idea. Councilmember Taylor said the PFD Board would like to know if Council would support, or not oppose, legislation that provides us a seat by the County transferring one of their appointments, and if so, we would have the final word on who that appointee would be. Mayor DeVleming announced he would support a position of no position. Councilmember Munson said he would not support their position. After further discussion, it was determined that an official decision will Council Minutes 01-13-04 Page 4 of 5 Date Approved by Council:01-20-04 be made when the legislation comes forward. An opportunity to vote on the legislative agenda will be included on next week's agenda. SCAPCA Board: Discussion ensued on increasing the number of representatives for this board, along with the possibility of this Board dissolving. Councilmember Munson said that he and Councilmembers Taylor and Wilhite will write a letter to address this topic also. City Manager Mercier suggests Council pursue appropriate representation on all boards for matters that affect our community and feels that placing this on the legislative agenda would be consistent with that direction. It was moved, seconded and agreed upon to extend the Council meeting another fifteen minutes. It was Council consensus to focus on the first four items addressed in the 1-13-04 Request for Council Action form,to add SCAPCA Board, and to monitor the issues of Water Rights and Tort Reform. 11. Council Retreat City Manager Mercier mentioned the February 7 Council retreat (or planning conference), and that the focus will be on the Review of Departmental Work Plans and Submittal Timetables; Finance and Budget related Issues; Facilities and Contracts; and Community Involvement and Outreach. Additionally, if more specifics are needed, another planning conference can be scheduled later. There being no further business, it was moved, seconded and unanimously agreed upon to adjourn. The meeting adjourned at 9:20 p.m. Michael DeVleming,Mayor ATTEST: Christine Bainbridge, City Clerk Council Minutes 01-13-04 Page 5 of 5 T)ntr AnnrnVMA by f:nnncil•O1-7(1-04 EXHIBIT D MINUTES City of Spokane Valley City Council Regular Meeting Tuesday,January 20,2004 Mayor DeVleming welcomed everyone and called the City of Spokane Valley Regular Meeting to order at 6:00 p.m. Attendance: Councilmembers: Michael DeVleming,Mayor Diana Wilhite,Deputy Mayor Dick Denenny,Councilmember Mike Flanigan,Councilmember Richard Munson, Councilmember Gary Schimmels, Councilmember Steve Taylor,Councilmember Staff Present: Nina Regor, Deputy City Manager Cary Driskell,Deputy City Attorney Marina Sukup,Community Development Director Neil Kersten,Public Works Director Cal Walker, Police Chief Kevin Snyder, Current Planning Manager John Hohman, Senior Development Engineer Sue Pearson,Deputy City Clerk Chris Bainbridge, City Clerk PLEDGE OF ALLEGIANCE: Mayor DeVleming led the Pledge of Allegiance. INVOCATION: Pastor Brian Prior of the Episcopal Church of the Resurrection gave the invocation. ROLL CALL: City Clerk Bainbridge called roll.All councilmembers were present. APPROVAL OF AGENDA: Deputy City Manager Regor asked that agenda item #2 be removed and rescheduled for February 10, 2004 meeting. It was moved by Councilmember Denenny and seconded by Deputy Mayor Wilhite to approve the agenda as amended. Roll Call Vote: In Favor: Unanimous. Opposed:None. Abstentions:None. Motion carried. COMMITTEE,BOARD,LIAISON SUMMARY REPORTS: Councilmember Schimmels: reported that he had a very informative meeting Saturday with the Association of Washington Cities for the new councilmembers. Councilmember Munson: announced that councilmembers have been involved with numerous training sessions presented by AWC, and that those sessions have been extremely beneficial in helping councilmembers better serve this community. Councilmember Flanigan: mentioned he attended the first meeting for America's Promise, formerly Spokane's Promise and that the Chase Youth Commission is acting as the umbrella for this program. Councilmember Denenny: said that the STA held public meetings last week which were very well attended and heard numerous public comments of those who rely on the public transportation system. MAYOR'S REPORT: Mayor DeVleming brought council attention to the memo regarding two opportunities for Council representation on boards and task forces. He mentioned the Regional Animal Control Task Force is forming to evaluate the possibility of a regional animal control model; that he would like either two Councilmembers or one Councilmember and one staff. Councilmembers Flanigan Council Minutes 01-20-04 Page 1 of 4 Date Approved by Council:02-10-04 and Schimmels indicated their interest. Mayor DeVleming said City Manager Mercier will appoint the staff member. Additionally, the Library Capital Facilities Advisory Committee would comprise a councihnember, a staff member, and a citizen. Mayor DeVleming reiterated that Mr. Mercier will appoint the staff member. Mayor DeVleming also announced that we still need citizens to serve on the Cable Advisory Board. PUBLIC COMMENT: None 1. CONSENT AGENDA: After City Clerk Bainbridge read the Consent Agenda, it was moved by Mayor DeVieming and seconded to approve the Consent Agenda as presented. Vote by Acclamation:In Favor: Unanimous. Opposed: None. Abstentions:None. Motion carried. NEW BUSINESS: 2. Second Reading Proposed Towing Ordinance 04-001. Removed from the agenda; to be discussed at the February 10 Council meeting. 3. Second Reading Proposed Street Vacation Ordinance 04-002. After City Clerk Bainbridge read the ordinance by title, it was moved by Councilmember Munson and seconded by Councilmember Flanigan to approve Ordinance 04-002. Deputy City Attorney Driskell explained that there have been no changes since the first reading, and that the purpose of this ordinance is to provide a procedural mechanism for citizens to request vacation of streets rights-of-way. Mayor DeVleming invited public comment; none was offered. Vote by Acclamation: In Favor: Unanimous. Opposed: None. Abstentions:None. Motion carried. 4. Second Reading Proposed Fire District Annexation Ordinance 04-003. After City Clerk Bainbridge read the ordinance by title, it was moved by Mayor DeVleming and seconded by Councilmember Flanigan to approve Ordinance 04-003. Deputy City Manager Regor said that no changes have been made since the first reading, and that this ordinance would provide for the annexation to b e brought before the public at an election. M ayor D eVleming invited public c omment; n one was offered. Vote by Acclamation: In Favor: Unanimous. Opposed: None. Abstentions: None. Motion carried. 5. Proposed Resolution 04-001 Amending Fee Resolution. After City Clerk Bainbridge read the resolution's title, it was moved by Councilmember Munson and seconded by Councilmember Denenny to approve resolution 04-001. Deputy City Attorney Driskell explained that the amended fee resolution incorporates two changes: changing the current street vacation fee from $300 to $1300, and imposing a tow operator registration fee of$100 related to tow operators who want to be included on the police tow list. It was also mentioned that the tow operator registration fee will not be charged until the towing ordinance is approved and effective. Mayor DeVleming invited public comment; none was offered. Vote by Acclamation: In Favor: Unanimous. Opposed: None. Abstentions:None. Motion carried. 6. Motion Consideration: City Council Legislative Agenda. Councilmember Taylor reviewed the draft letter to be sent to the appropriate senators and representatives. Councilmember Taylor stated that he received information from City Manager Mercier that the Department of Community Trade and Economic Development does have the authority to expand a current zone, and that Spokane Valley will be applying for that expansion after further information is received to determine the appropriate geographic areas. Councilmember Munson added that t his particular law is under sunset at this session so we would like them to reestablish the law, and then CTED can expand the zone. That clarification will be made on the letter. The question arose concerning the SCAPCA and if that board represents us adequately as the City of Spokane Valley is not a small city. After further discussion, it was decided to ask for one position on the board and not two. It was moved by Mayor DeVleming and seconded by Deputy Mayor Wilhite to approve the legislative agenda with the discussed amendments. Mayor DeVleming invited public comment; none was offered. Vote by Acclamation: In Council Minutes 01-20-04 Page 2 of 4 Date Approved by Council:02-10-04 Favor: Unanimous. Opposed: None. Abstentions: None. Motion carried. Councilmember Denenny said he will pick up the letter tomorrow and hand carry it to the senators and representatives Thursday. 7. Motion Consideration: Library Services Agreement. Deputy City Manager Regor explained that the Library Board met this afternoon to consider the City's counteroffer to the Board's December offer; that the Board approved the counteroffer and then held discussion on how to handle the budget differences as their expenditures exceed their revenues by approximately $200,000. Ms. Regor said the Board is examining three options: (1) to make a.proposal for how the Board would shrink the expenditures by $200,000 and spread that system-wide; (2) to take $200,000 to bring their expenses and revenues into alignment and reflect that from the Valley Branch; and(3)to take the difference between their December proposal and our counteroffer($67,200) and reflect that as a reduction in the Valley Branch. Discussion then ensued regarding the reduced level of service and that it is currently not reflected in the agreement. It was council consensus to wait to see what this reduced level of service means and to hold this agreement pending that information which should be decided at the next Library Board meeting scheduled for February 17, 2004. 8. Motion Consideration: TIB Grant Funds. Public Works Director Kersten explained that this is a housekeeping item,that the funding for the projects has been approved,but that TIB requests that we certify all local matching funds for the Barker Road and the Bowdish Road and 24th Avenue sidewalk projects. Director Kersten said this would also require amending the budget. It was moved by Mayor DeVleming and seconded, to authorize staff to cert61 the City has committed local match funds for the Barker Road Project and the Bowdish Road and 246 Avenue Sidewalk Project for 2004 and 2005 and to amend our 2004 budget to reflect total project funding. Mayor DeVleming invited public comment; none was offered. Vote by Acclamation: In Favor: Unanimous. Opposed:None. Abstentions:None. Motion carried. PUBLIC COMMENT: None. ADMINISTRATIVE REPORTS: 9. Hotel/Motel Grant Proposals. Councilmember Flanigan reported that the Hotel/Motel Committee met to review and discuss the grant requests; that no consensus was reached for the funding amount for Valleyfest and Valleyfest subsequently not requested not to b e i nvolved in t his year's g rant process. T herefore,the C ommittee recommends the following allocations: (1) Centennial Trail $2,000; (2) Convention Visitors Bureau $150,000; (3)Plantes Ferry Park$20,000; (4) County Fair and Expo center$25,000; (5)Regional Sports Commission $100,000; and (6) Winery Association Brochure Production $2,000; for a total fund award of $299,000. After brief discussion on possible reserves, Attorney Driskell said he will research to determine if there are additional funds remaining, it the committee should reconvene to-handle those funds. It was moved by Councilmember Munson and seconded by Councilmember Schinimels to approve committee recommendations. Mayor DeVleming invited public comment; none was offered. Thereafter followed brief descriptions of the projects, and brief comment from a representative from the Convention Visitors Bureau and Regional Sports Commission. Ms. Regor also mentioned that she feels the intent of this allocation is to reimburse expenses from the time of Council approval until the end of the calendar year. Vote by Acclamation: In Favor: Unanimous. Opposed: None. Abstentions: None. Motion carried. 10. Stormwater 208 Program Discussion. Senior Development Engineer John Hohman went over his stormwater 208 program PowerPoint presentation. Mr. Hohman added that the ordinance which would regulate this would address implementing regulations and not the comprehensive plan itself. Mr. Hohman also stated that he anticipates putting together a steering committee along with a technical advisory committee comprised of engineers and members of the public. Council Minutes 01-20-04 Page 3 of 4 Date Approved by Council:02-10-04 • 11. Rotchford and 14th Stop Sign Report. Public Works Director Kersten explained the background of this issue and said that the City's traffic engineer has looked at the area and determined that a stop sign is not required at this point as that road is designated as a local access road, and the entire length of that road has not yet been accepted as a City street due to construction deficiencies. Mr. Kersten said that during the comprehensive plan process that road would get upgraded to an arterial and if that were to occur, a stop sign would be required. After discussion on the future of the road and the need for a stop sign, it was moved by Councilmember Taylor and seconded by Councilmember Munson to install a stop sign for eastbound traffic on 14th at the intersection of Rotchford. Mayor DeVleming invited public comment; none was offered. Councilmember Denenny mentioned he feels this is not an appropriate action as we are not deciding on stop signs for other similar streets. Vote by Acclamation:In Favor: Mayor DeVleming, Councilmembers Schimmels, Taylor, Munson, and Flanigan; Opposed.' Deputy Mayor Wilhite and Councilmember Denenny;Abstentions:None. Motion carried. 12. Advance Agenda. Councilmember Munson asked that a travel policy discussion be included on the February 3 agenda. Mayor DeVleming also mentioned that he would like to reconvene the governance committee and that former committee members included himself,Councilmembers Denenny and Flanigan and the interim Deputy City Manager. 13. Tourism Promotion Area. Mayor DeVleming explained that after discussions with the President of the Hotel/Motel Association, Mr. Anderson and his attorney, Commissioner Phil Harris, and the Mayor from downtown, there were three suggested revisions to the interlocal agreement: (1) eliminate paragraph 7C, (2) determine who would pay for any 1 itigation, and(3)clarification o f w ording. Mayor D eVleming said the group stated that the intention is if 40% initiate the process to disestablish, then the commissioners decided whether to take action or not, and if they didn't disestablish, that allowed the local jurisdictions to give 90-days notice to terminate. Mayor DeVleming said they agreed that their group would pay for any litigation but that they did not want to eliminate paragraph 7C. Councilmember Munson said that he would not vote for this as written, and quoted paragraph RCW 35.101.140 "Disestablishment of the Area Hearing and Resolution. The legislative authority may disestablish an area by ordinance after a hearing before the legislative authority. The legislative authority shall adopt a resolution of intention to disestablish the area at least 15 days prior to the hearing required by this section. The resolution shall give the time and place of the hearing." Councilmember Munson added that the text does not state that the hoteliers can disagree and not disestablish. Further discussion ensued regarding the 40%, disestablishment, the resolution process, and the meaning of paragraphs 7B and 7C. This matter will be taken back to those involved parties and brought back for further council consideration at the February 10 Council meeting. It was moved, seconded, and unanimously agreed upon to adjourn. The meeting adjourned at 8:00 p.m. Michael DeVleming, Mayor ATTEST: Christine Bainbridge, City Clerk Council Minutes 01-20-04 Page 4 of 4 Date Approved by Council:02-10-04 DRAFT EXHIBIT D MINUTES City of Spokane Valley City Council Regular Meeting Tuesday,March 23,2004 Mayor DeVleming called the 40th City of Spokane Valley Regular Meeting to order at 6:00 p.m., and welcomed everyone to the meeting. Attendance: Councilmembers: Staff: Michael DeVleming,Mayor Dave Mercier,City Manager Diana Wilhite,Deputy Mayor Nina Regor,Deputy City Manager Dick Denenny, Councilmember Mike Jackson,Parks&Recreation Director Mike Flanigan, Councilmember Cary Driskell, Deputy City Attorney Richard Munson,Councilmember Ken Thompson,Finance Director Steve Taylor,Councilmember Marina Sukup,Community Development Director Neil Kersten,Public Works Director Tom Scholtens,Building Official Scott Kuhta,Long Range Planner Greg McCormick,Long Range Planning Manager Excused: Sue Pearson,Deputy City Clerk Gary Schimmels Chris Bainbridge, City Clerk PLEDGE OF ALLEGIANCE: Mayor DeVleming led the Pledge of Allegiance. INVOCATION: Councilmember Munson gave the invocation. ROLL CALL: It was moved by Mayor DeVleming and seconded by Councilmember Wilhite to excuse Councilmember Schimmels from tonight's meeting. Vote by acclamation: In Favor: Unanimous. Opposed: None. Abstentions: None. Motion carried. City Clerk Bainbridge called roll; all councilmembers were present with the exception of excused Councilmember Gary Schimmels. APPROVAL OF AGENDA: Mayor DeVleming announced that item #11 will be removed from tonight's agenda to be brought back at another date. It was moved by Mayor DeVleming and seconded by Councilmember Munson to approve the agenda as amended. Vote by acclamation: In Favor: Unanimous. Opposed:None.Abstentions:None. Motion carried COMMITTEE,BOARD,LIAISON SUMMARY REPORTS: Councilmember Denenny reported that during the National League of Cities Conference in Washington, D.C., he attended numerous seminars, established interactions with others, contacted legislators, and attended conferences and interviews with Senators and Congressman Nethercutt. Councilmember Taylor added that he too attended those conferences, and attended a seminar which dealt with local planning and the Charrette process, which was also introduced at a recent Spokane Valley Joint Council/Planning Commission meeting; he also attended a seminar on liability MTBE (gasoline additives)contamination which was very interesting and informative. Deputy Mayor Wilhite reported that she attended the recent conference on Federal Highway and Transportation Funding and the Highway Funding System in general. Council Minutes 03-23-04 Page 1 of 8 Date Approved by Council: DRAFT Councilmember Munson said that on March 16 he attended a meth action team meeting, which is a regional group attempting to come up with action programs to address and mitigate the affects of drugs on our society. MAYOR'S REPORT:Mayor DeVleming reminded everyone that the Mayor's Ball is this Saturday. PUBLIC COMMENTS: Mayor DeVleming explained the process for taking public comments, and invited any public comments not on topics listed on the agenda. Jeanne Gates, Veradale: on behalf of the members of the Spokane Valley Senior Center, she expressed thanks to Council for attention to the visits at the center, and support during the transition; and that she is excited about working with the Council on an ad hoc committee. WASTEWATER ISSUES: PUBLIC COMMENTS. Mayor DeVleming opened the floor and invited public comments concerning the wastewater issues. Howard Herman, 117 N McDonald: said as a friend to the Council,believes Council is about to commit a grievous error in contracting away ownership and future operation of the treatment plant; wants to argue not to do so, and wants to know what Council knows about the proposed interlocal agreement with the county; he wants discussions about the program; said approximately 90% of the meetings thus far have been study sessions with no interplay with the public and feels there should be significant citizen input regarding the interlocal agreement; that the topic deserves a number of public meetings and not just one or two. Tony Lazanis, 10626 E.Empire: said that study sessions are private sessions and don't involve the public; does not favor an agreement with the County to give the City of Spokane Valley's assets away to the County; asked Council not to "give our future away to the County;"that Valley people will be paying for about 80%of the county's plant. Eleanor Henderson: expressed concern about this issue, feels the citizens are not informed enough; that she worked on the election board the last time this was an issue and 90% of the Valley voted against this type of thing;that she wants more meetings so citizens can.let council know how they feel. Ray Perry, 2020 N Eli: wants to admonish Council and hopes Council will invite public to many meetings; that this is a very serious matter and the outcome will have long lasting affects, wants council to invite the public to look at the whole scheme. Richard Behm, 3626 S. Ridgeview Drive: said he was designated as an expert in the field; in the late 70's he was one of the original people at the meeting to designate the aquifer as a sole source issue and has been involved in sewer and water issues since that time, wants more public hearings and more time to have people voice their opinions. Dr. Phillip Rudy, 10720 East: feels we need to own the plant and it needs to be in the City limits of Spokane Valley; that if the plant were in the City of Spokane, the City of Spokane could condemn and purchase the plant according to law if the City of Spokane Valley went into a partnership with the City of Spokane; said that utilities generate large amount of money, that Spokane County has in excess of 30 million dollars in wastewater reserves and that was collected from ratepayers,most of whom reside in the valley;that the City of Spokane Valley needs the ability to generate its own reserve funds. Wayne Frost, 3320 N Argonne: said that he does not live in the valley, but the company he represents owns a large amount of land in the valley; that he is a representative of the Local Governance Committee Council Minutes 03-23-04 Page 2 of 8 Date Approved by Council: DRAFT of the Chamber of Commerce; that the public feels left out of the loop and the desire is for more information; in the past he's offered the Chamber to act as facilitator, and that invitation is still open;that he encourages Council to look at opportunities that perhaps have not yet been considered, and that the Chamber of Commerce is willing to look at this from an independent viewpoint. Ed Mertens, 1310 N Pierce: said that the EPA reported that they might not allow the river to take any more sewage; feels we have to step back and look at what they'll give us; if we can't go into the river maybe we need a different plan; feels we have a right to put that in our control. Eldonna Gossett, CEO Chamber of Commerce: wanted to reinforce the comments of Wayne Frost;wants to help get citizens involved and would like to form a task force to work with Council to come to good conclusions. Mayor DeVleming invited further public comment; none was offered. Mayor DeVleming invited Public Works Director Kersten to offer comment. Director Kersten mentioned the council packet list showing the history of the meetings; that the County is moving ahead with the Playfair site; that a meeting was held February 25 at the Eastside Community Center for the Environmental Impact Study, which is scheduled to be completed mid-summer; that he and members of the County met March 2 regarding the interlocal and that there will be some formal public hearings on that matter; that the Board of County Commissioners met March 16 on that interlocal and they had comments which will be brought back to Council in April. Director Kersten said that he met with members of the Department of Ecology(DOE)who gave an update of the information they received from the Environmental Protection Agency (EPA), and that the EPA told the DOE that the EPA does not want the DOE to issue any discharge permits into the river until the total maximum daily load (TMDL) study is completed; and added that there is no specific timeframe for completion of that study, although there is a tentative time of summer of 2005. Director Kersten added that depending on the outcome of that study, this issue could stretch out for a year or more. He also mentioned that on March 16,the City of Spokane entered into an agreement with Playfair with the intent of having part of that site used as a regional wastewater treatment plant. In response to Councilmember Denenny's question about the implications if we were to change direction, and in response to Councilmember Munson's question about Mr. Emacio's recent paper, City Attorney Schwartz explained that we have a sewer collection system which is owned and operated by the County. In Mr. Emacio's basic assumption paper, which was premised upon the draft interlocal agreement still under consideration, Attorney Schwartz said that Mr. Emacio stated that the "City of Spokane Valley cannot legally take over the county's collection system." Attorney Schwartz then read and explained RCW 36.94.180, which addresses the ability of a newly incorporated city to operate a sewage system owned by the County. Attorney Schwartz said that this statute has not been interpreted by our Washington State courts; that Mr. Emacio made the above statement because he interpreted the word "may" in the above statute to require that it be a negotiated agreement between the City and the County with respect to an assumption of the collection system by the City from Spokane County. Attorney Schwartz continued by discussing the assumption of an area lying within or the assumption of the facility, equipment and property lying within the City, all of which brings up more questions: What happens if a treatment plant is constructed outside the City? Can you or is there a desire to condemn it? Do you negotiate for capacity? What interest do you have in that outside facility? Attorney Schwartz said that although one interpretation of the word "may" means there must be a negotiated contract, perhaps other interpretations differ. In addition, Attorney Schwartz stated, if you were to do an assumption, you cannot materially interfere with the operation of the remaining county system. Attorney Schwartz said that in his opinion that means if you were to attempt to proceed with an assumption under Council Minutes 03-23-04 Page 3 of 8 Date Approved by Council: DRAFT this statute,judicial intervention would be necessary to determine if there is the ability to assume without the consent of the County,but the materially affect hurdle would still be an issue. Finance Director Thompson then stated his concerns about moving ahead as the loan investor in a wastewater treatment plant in Spokane Valley; he stated that the County is in line to get an approximate 70 million dollar loan at 1.5%; if Spokane Valley solely were to move ahead on the project, we would want to make sure we could also a similar loan as if we were to pay 4.5 to 5% in the market, the debt service would become significant; he also mentioned that the capital facilities charge that the County now charges and the user fees would likely have to increase; which doesn't mean the fees would not increase with any new plant. Director Thompson said another issue is, we have 26,000 of the users within our city limits and another 9800 that will eventually be connected to that system; to bill 36,000 accounts we would need additional staff(10-15 more)just to handle the telephone traffic; in addition, we would not want to sell the bonds until the discharge permit has been issued (or we definitively know it will be issued). Director Thompson said we would also be required to consider a debt service coverage factor, which means after deducting the plant operating cost from the revenues there must be enough left over to have between 1.3 and 1.5 times the debt service,which allows the bond buyers to have a comfort level to know that there are extra revenues available; that we would also need a debt service reserve, which is usually equal to one year's debt service or the highest year's debt service, which could amount to six million dollars each year. Director Thompson explained that we must ensure that the capital facilities charge and user fees are competitive to the outlying area in order not to discourage people from locating their homes and businesses in the city limits; and that if we were to try to handle this project alone, it would dominate our work plan for the next five years and would likely accomplish little else. If the assumption issue goes to court, Director Thompson said, it would take years in time and substantial legal fees. In summary,Director Thompson said he has concerns this project might be too large for the City of Spokane Valley at this point. Public Works Director Kersten said that one of our concerns is actually acquiring the permit; and that we encouraged the County to send a letter to DOE clarifying if a permit could be obtained. Director Kersten said that we received a letter November 7 from Richard Wallace, Manager of Water Quality at the DOE, which stated that based on the current design, they would issue a permit. However, last week, the DOE requested a meeting with us, the County and the City of Spokane, and told us that EPA said that they do not want DOE to issue a permit at this time until the TMDL study is complete. Director Kersten said that if another site would be considered, another EIS would need to be conducted; that the County spent several years looking at possible sites, and that Director Kersten would estimate another one to two years to find a different site, and another six to nine months for an EIS. City Manager Mercier said that we have been advised by the County that the wastewater system currently has capacity at their projected growth rates, to last to about 2009, and it may take five years to go through the design, construction, and development of that facility in order to be available and useful. Mayor DeVleming said this is just the beginning of presentations and public comments on the issue. 2. CONSENT AGENDA: After City Clerk Bainbridge read the consent agenda, it was moved by Mayor DeVleming and seconded by Councilmember Denenny, to approve the Consent Agenda. Vote by Acclamation:In Favor: Unanimous. Opposed:None.Abstentions:None. Motion carried NEW BUSINESS 3. Second Reading Proposed Towing Ordinance 04-001 —Cary Driskell After City Clerk Bainbridge read the ordinance title, it was moved by Mayor DeVleming and seconded by Councilmember Munson to approve Ordinance 04-001. Deputy City Attorney Driskell then discussed the background of this ordinance, and said in addition to the changes discussed at the previous council meeting, he is also recommending an amendment to this draft by eliminating section 10.E.13 which is in Council Minutes 03-23-04 Page 4 of 8 Date Approved by Council: DRAFT contradiction with other state law, and to then re-number the remaining numbers of that section. Mayor DeVleming moved to amend his motion to reflect the modifications suggested by Attorney Driskell; seconder agreed. Mayor DeVleming invited public comment. Bettie Simmons, 35045 Inland Empire: said as there is a valley tower here, she will defer to him. Rodney Sankey, 3907 E. Wellesley: said his business address is 14921 E. Trent; that he owns a towing company; he is concerned about the junk vehicle towing for free; said requiring performance without payment is similar to seizure of the business; he is also the AAA contactor for the Spokane Valley and does over 1,000 calls a month out here; he pays a driver to perform the tows and objects to the free towing; said only 60% of the impound vehicles are retrieved and he takes a loss on the remaining 40%; he suggested making it on a rotation basis and they would have no objection; and that his fee to haul a junk vehicle is$30.00. Kay Seek, 13617 E. Wellesley: said her towing company is located in the Spokane Valley at 7125 E. Broadway; said the information given by Mr. Sankey is incorrect as his yard is not located in the Valley; that is a tentative site and has not yet been approved by the State Patrol; that she represents six of the seven Valley companies that are located within the city limits; that they are not supportive of the ordinance as written;that increasing insurance costs is not setting a level playing field;that we are willing to regulate them but have no provisions to regulate other towing companies that come into the city; there are many towers who do not pay insurance and don't pay taxes;that private towing is set at the State level and not the County level. Betsy Merrell, owns Rouse's Towing, 2621 University: they are the largest towing company in this county; said there are numerous incorrect facts; she feels the insurance liability amount should be one million dollars; that they are required to carry five million because they run large trucks;junk vehicles is an issue, however; as Spaulding Auto Parts receives $100 per ton and the average car weighs two tons, Spaulding gets approximately $200 per vehicle and they get nothing; that Mr. Driskell's premise is the towing company will get more law enforcement tows from the City of Spokane Valley — but she feels there will be a few more but not many; and it usually cost her between $100 and $150 to process each junk abandoned vehicle; she suggests Spaulding pick up the cars for free and keep the proceeds and eliminate the middle person; that law enforcement officers must be present when they pick up vehicles in order to protect drivers and that issue should be addressed. She said also if a towing company twice refuses to pick up vehicles they may be removed from the law enforcement list; that several companies are one-truck companies and there will be times when they will be busy and more than two times in a six- month period when a company might turn down this type of call. Richard Brandenburg, 12121 E. Portland Ave: owns and operates Outback Towing; said he can't approve of this ordinance. Jim Seek, 13617 E. Wellesley; co-owner of Victoria Towing; said that AAA only requires $500,000 in insurance and our requirement is ten times the state requirement; that language is missing regarding State Patrol having the final say in towing; and that he would like to see council direct staff to answer some of these questions and come back again after the matter is more settled. Mayor DeVleming invited further public comment; none was offered. Councilmember Taylor said he feels there are more questions that could be answered and would like to ask staff to review the comments. It was moved by Councilmember Taylor and seconded by Councilmember Flanigan to table the motion and move the issue to the next council agenda. Vote by Acclamation: In Favor: Unanimous. Opposed: None. Abstentions:None. Motion carried. Council Minutes 03-23-04 Page 5 of 8 Date Approved by Council: DRAFT . Mayor DeVleming called for a short recess at 7:35 p.m. and reconvened the meeting at 7:45 p.m. 4. Second Reading Proposed Sign Amendment Code Ordinance 04-008—Scott Kuhta After City Clerk Bainbridge read the ordinance title, it was moved by Mayor DeVleming and seconded by Councilmember Taylor to approve Ordinance 04-008. Long Range Planner Kuhta explained that this ordinance would permit greater wall signage for schools, hospitals, and other public uses, and went over the background of the ordinance. Mayor DeVleming invited public comment; none was offered. Vote by Acclamation:In Favor: Unanimous. Opposed:None. Abstentions:None. Motion carried 5. Second Reading Uniform Development Code Ordinance 04-013 —Marina Sukup After City Clerk Bainbridge read the ordinance title, it was moved by Councilmember Munson and seconded by Councilmember Flanigan to approve Ordinance 04-013. Community Development Director Sukup gave an overview of the ordinance and said that there have been no changes since the last meeting. Mayor DeVleming invited public comment; none was offered. Vote by Acclamation: In Favor: Unanimous. Opposed:None. Abstentions:None. Motion carried. 6. First Reading Proposed Ordinance 04-014 Amending Ordinance 40 and 41 —Tom Scholtens After City Clerk Bainbridge read the ordinance title, it was moved by Councilmember Munson and seconded by Councilmember Flanigan to advance Ordinance 04-014 to a second reading to be scheduled after CTED gives their reading on approval. City Manager Mercier mentioned that this ordinance will be set for final approval after receipt of comments from CTED. Building Official Scholtens explained the background of the ordinance, after which Mayor DeVleming invited public comment. Clay Conrad,Architect,2121 East Temple Road: said he lives outside the City limits but that he practices on a number of projects in the City and has a number of projects held up because of this previous ordinance; he feels the intent would be served well by the ordinance adopting the 2003 Building Code, and he urges timely adoption. City Manager Mercier said staff is urging CTED to answer as promptly as possible. Mayor DeVleming invited further public comment; none was offered. Vote by acclamation: In Favor: Unanimous. Opposed:None. Abstentions:None. Motion carried 7.Proposed Resolution 04-005 Designating Bidder for Construction of CenterPlace—Neil Kersten After City Clerk Bainbridge read the resolution title, it was moved by Mayor DeVleming and seconded by Councilmember Denenny to approve Resolution 04-005. Director Kersten gave an overview of the issue and said as evidenced by the bid tabulation sheet, bids were tight and competitive, and that staff recommends passing the resolution and authorizing the City Manager to enter into a contract; he added that there are contingencies set aside to handle possible changes. Mayor DeVleming invited public comment;none was offered. Vote by acclamation:In Favor: Unanimous. Opposed:None. Abstentions: None. Motion carried. 8.Proposed Resolution 04-006 Designating Official Newspaper—Chris Bainbridge After City Clerk Bainbridge read the resolution title, it was moved by Councilmember Munson and seconded by Councilmember Flanigan to approve Resolution 04-006. City Clerk Bainbridge explained that there have been no changes since this was last discussed with council, and the Spokane Valley circulation figures are enclosed for the Valley Herald and the Spokesman Review. Councilmember Taylor said he feels the substantial savings warrant changing to the Valley Herald, and that the Spokesman Review did a fine job and the change is matter of cost. Councilmember Munson said he will vote against the resolution in favor of going with the Valley Voice as an alternate. Mayor DeVleming invited public comment; none was offered. Vote by Acclamation: In Favor: Deputy Mayor Wilhite, and Councilmembers Taylor, Denenny, and Flanigan. Opposed Mayor DeVleming and Councilmember Council Minutes 03-23-04 Page 6 of 8 Date Approved by Council: DRAFT Munson. Abstentions: None. Motion carried. Mayor DeVleming said this discussion will come back next year as we will use the Valley Herald for a one-year period. 9. Motion Consideration: Senior Center Bus—Mike Jackson It was moved by Mayor DeVleming and seconded Councilmember Munson to offer financial assistance to the association in an amount not to exceed the $4,300 for the remainder of 2004, to assist them as they take responsibility for transportation at the Senior Center. Parks & Recreation Director Jackson said he feels good about the communication that occurred between City Staff and Council and with the Senior Center Association in an attempt to identify the cost of operating the bus; that last week the Senior Association asked that we consider an arrangement similar to what they had with the County, and a copy of that agreement is enclosed. Mayor DeVleming invited public comment. John Haley,E. 13905 DeSmit: presented figures for driver's wages,bus insurance, fuel,maintenance, etc, and said that he estimates $13,170 to maintain the bus; he added that he would like to know what is the end result of our animal control, how much money are we spending on our pets in the City of Spokane Valley,and that he will send e-mail to the appropriate staff to get those answers. Maryann Warren, 1102 N.McArthur Road: extended thanks because the bus is needed. Mayor DeVleming invited further public comment; none was offered. Vote by acclamation: In Favor: Unanimous. Opposed:None. Abstentions:None. Motion carried. 10. Spokane Housing Authority Report—Executive Director Dianne Quast Director Quast went over the annual report and explained some of the programs they offer, including home ownership program, the Sharon Lord Apartments, housing vouchers which amount to approximately 1.6 million dollars a month to assist families in maintaining homes; and stated that that program is in great jeopardy and she encourages Council to add this issue to their national legislative agendas. 11. Spokane Regional Convention&Visitor's Bureau John Brewer This item was moved from the agenda and will be re-scheduled. 12. Report on Planning Studies and Budget—Greg McCormick Manager McCormick gave his PowerPoint presentation and background on the previously presented Charrettes and RUDAT, adding that Council requested more information prior to making a decision to move forward. After discussion on a city center, economic analysis on Sprague/Appleway, the draft scope of work, the upcoming community meetings and community feedback, it was decided to wait further until more community input has been received. 13. Employee Classification System—Dave Mercier City Manager Mercier reported that Council enacted several ordinances and resolutions to establish a personnel system, and embedded in some of those is the notion that the City Manager and staff would review that material from time to time; that staff is aware of that call to periodically assess the content of the job descriptions and of the ongoing intent to assure that the classification system bears some relation to market rates and costs; adding that staff will undertake a review of what was done by interim staff and will attempt to make market rate comparisons. It was determined that staff will establish the direction in this regard,and report back to council with their findings. 14. Towing Contract Form—Cary Driskell. In the interest of time,this item will be postponed until the following council meeting. Council Minutes 03-23-04 Page 7 of 8 Date Approved by Council: DRAFT It was moved by Mayor DeVleming, seconded by Councilmember Munson, and unanimously agreed upon to extend the meeting to 9:30 p.m. 15. Formation of Student Advisory Council—Mayor DeVleming Mayor DeVleming gave his PowerPoint presentation on the formation of a Student Advisory Council,and added that he will recommend budgeting $500.00 from the discretionary fund to cover items such as mailings, advertising, letterhead, agendas, etc. Councilmember Taylor expressed concern about staff support as he did not want to overburden staff. Mayor DeVleming said he expects staff to help minimally, but does not anticipate staff being burdened. It was Council consensus to place this item on the March 30 agenda for further consideration. 15a. Fire District Update—Nina Regor Deputy City Manager Regor gave a synopsis of what has occurred to date concerning the election and annexation, and stated that the April 27 election date was chosen to provide time for a second election if that proved necessary; and that staff is now considering the possibility of an election September 14; she added that no costs have been expended thus far and the ballot has not yet been printed. It was moved by Mayor Devleming and seconded by Councilmember Munson to request Spokane County to remove the Fire District Annexation ballot issue from the April 27, 2004 ballot. Vote by acclamation: In Favor: Unanimous. Opposed: None. Abstentions: None. Motion carried. It was then moved by Mayor DeVleming and seconded by Councilmember Munson to submit the fire district annexation issue to the Boundary Review Board on a notice of intention and immediately invoke jurisdiction. Vote by acclamation:In Favor: Unanimous. Opposed:None. Abstentions:None. Motion carried. It was moved by Councilmember Flanigan, seconded by Councilmember Munson, and unanimously agreed upon to adjourn. The meeting adjourned at 9:25 p.m. Michael DeVleming,Mayor ATTEST: Christine Bainbridge,City Clerk • Council Minutes 03-23-04 Page 8 of 8 Date Approved by Council: • EXHIBIT E City of Spokane Valley DETERMINATION OF NONSIGNIFICANCE Description of proposal: A ballot measure making permanent the annexation of the City of Spokane Valley, Spokane County, Washington,into Spokane County Fire Districts Nos. 1 and 8: Proponent City of Spokane Valley Location of proposal, including street address, if any: This action is considered a non-project action under ROW 43.21C. Lead agency: City of Spokane Valley. The lead agency for this proposal has determined that it does not have a probable significant adverse impact on the environment An Environmental Impact Statement (EIS) is not required under ROW 43.21C.030(2)(c). This decision was made after review of a completed environmental checklist and other information on file with the lead agency. This information is available to the public on request [ ] There is no comment period for this DNS. [ ] This DNS is issued after using the optional DNS process in section 197-11-355 WAC. There is no further comment period on the DNS. [X] This DNS is issued under 197-11-340(2);the Iead agency will not act on this proposal for 14 days from the date below. Responsible official: Marina Sukup,AICP Position/title: Director of Community Development Phone: (509) 921-1000 Address: 11707 East Sprague Avenue,Suite 106;Spokane Valley,WA 99206 Date "Sf Z SA Signature ca•u�,a You may appeal this determination to(name) Marina Sukup,AICP at(location) City Hall located at 11707 East Sprague Avenue,Spokane Valley,WA no later than(Apri112,2004) 5:00 p.m. by(method) Written Statement of Appeal You should be prepared to make specific factual objections. Contact Scott Kuhta,AICP to read or ask about the procedures for SEPA appeals. 1 Distribution List: 1. WA State Department of Ecology(Olympia) 2. Spokane County Division of Building and Planning, John Pederson 3. City Of Spokane,Interim Planning Director Dave Mandyke 4. City of Liberty Lake,Doug Smith 5. City of Millwood,Heather Cannon 6. Spokane County Fire District No.1, Kevin Miller 7. Spokane County Fire District No.8 8. Eastern Washington Boundary Review Board,Susan Winchell 9. Spokane County Utilities Division,Bruce Rawls 10. Spokane County Engineering Department,Ross Kelley 11. Spokane County Health District,David Swink 12. State Department of Health,Scott Torpie 2 WAC 197-11-960 Environmental checklist ENVIRONMENTAL CHECKLIST Purpose of checklist: The State Environmental Policy Act(SEPA), chapter 43.21 C RCW,requires all governmental agencies to consider the environmental impacts of a proposal before making decisions. An environmental impact statement(EIS)must be prepared for all proposals with probable significant adverse impacts on the quality of the environment The purpose of this checklist is to provide information to help you and the agency identify impacts from your proposal(and to reduce or avoid impacts from the proposal,if it can be done)and to help the agency decide whether an EIS is required. Instructions for applicants: This environmental checklist asks you to describe some basic information about your proposal. Governmental agencies use this checklist to determine whether the environmental impacts of your proposal are significant, requiring preparation of an EIS. Answer the questions briefly,with the most precise information known,or give the best description you can. You must answer each question accurately and carefully,to the best of your knowledge. In most cases,you should be able to answer the questions from your own observations or project plans without the need to hire experts. If you really do not know the answer, or if a question does not apply to your proposal,write"do not know"or"does not apply." Complete answers to the questions now may avoid unnecessary delays later. Some questions ask about governmental regulations, such as zoning, shoreline, and landmark designations. Answer these questions if you can. If you have problems,the governmental agencies can assist you. The checklist questions apply to all parts of your proposal, even if you plan to do them over a period of time or on different parcels of land. Attach any additional information that will help describe your proposal or its environmental effects. The agency to which you submit this checklist may ask you to explain your answers or provide additional information reasonably related to determining if there may be significant adverse impact Use of checklist for nonproject proposals: Complete this checklist for nonproject proposals, even though questions may be answered "does not apply." IN ADDITION,complete the SUPPLEMENTAL SHEET FOR NONPROJECT ACTIONS(part D). For nonproject actions,the references in the checklist to the words "project," "applicant," and "property or site" should be read as"proposal," "proposer,"and"affected geographic area,"respectively. A. BACKGROUND 1. Name of proposed project,if applicable: A ballot measure making permanent the annexation of the City of Spokane Valley,Spokane County,Washington,into Spokane County Fire Districts Nos. 1 and 8 2. Name of applicant: City of Spokane Valley 3. Address and phone number of applicant and contact person: Nina Regor,Deputy City Manager,City of Spokane Valley, 11707 E.Sprague Ave.,Suite 106,Spokane Valley,WA 99206. 4. Date checklist prepared: March 23,2004. 5. Agency requesting checklist: City of Spokane Valley 6. Proposed timing or schedule (including phasing, if applicable): An election is tentatively scheduled on September 14, 2004. 7. Do you have any plans for future additions, expansion, or further activity related to or connected with this proposal? If yes, explain. N/A 8. List any environmental information you know about that has been prepared, or will be prepared, directly related to this proposal. N/A 9. Do you know whether applications are pending for governmental approvals of other proposals directly affecting the property covered by your proposal? If yes, explain. N/A 10. List any government approvals or permits that will be needed for your proposal, if known. The proposed annexation will be reviewed by the Boundary Review Board of Spokane County. 11. Give brief complete description of your proposal,including the proposed uses and the size of the project and site. There are several questions later in this checklist that ask you to describe certain aspects of your proposal. You do not need to repeat those answers on this page. (Lead agencies may modify this form to include additional specific information on project description.) State law allows a newly formed city to annex into an existing fire district or districts for the year of incorporation. That temporary annexation may be extended for one additional year to give cities additional time to analyze the various fire service alternatives. The temporary annexation extension was approved for 2004. The City Council of Spokane Valley and the Boards of Spokane County Fire Districts Nos. 1 and 8 have agreed to propose a ballot measure making permanent the annexation into the two districts along existing district boundaries. 12. Location of the proposal. Give sufficient information for a person to understand the precise location of your proposed project, including a street address, if any, and section, township, and range,if known. If a proposal would occur over a range of area,provide the range or boundaries of the site(s). Provide a legal description, site plan, vicinity map, and topographic map, if reasonably available. While you should submit any plans required by the agency, you are not required to duplicate maps or detailed plans submitted with any permit applications related to this checklist. N/A 2 eL TO BE COMPLETED BY APPLICANT EVALUATION FOR AGENCY USE ONLY B. ENVIRONMENTAL ELEMENTS 1. Earth a. General description of the site(circle one): Flat,rolling,hilly,steep slopes,mountainous, other N/A b. What is the steepest slope on the site(approximate percent slope)? N/A c. What general types of soils are found on the site(for example,clay,sand,gravel,peat, muck)? If you know the classification of agricultural soils,specify them and note any prime farmland. N/A d. Are there surface indications or history of unstable soils in the immediate vicinity? If so, describe. N/A e. Describe the purpose,type,and approximate quantities of any filling or grading proposed. Indicate source of fill. N/A f. Could erosion occur as a result of clearing,construction,or use? If so,generally describe. N/A g.About what percent of the site will be covered with impervious surfaces after project construction(for example,asphalt or buildings)? N/A h. Proposed measures to reduce or control erosion,or other impacts to the earth,if any: N/A 2. Air a. What types of emissions to the air would result from the proposal(i.e.,dust,automobile, odors,industrial wood smoke)during construction and when the project is completed? If any,generally describe and give approximate quantities if known. N/A b. Are there any off-site sources of emissions or odor that may affect your proposal? If so, generally describe. N/A c. Proposed measures to reduce or control emissions or other impacts to air,if any: N/A 3. Water a. Surface: 1) Is there any surface water body on or in the immediate vicinity of the site(including year-round and seasonal streams,saltwater,lakes,ponds,wetlands)? If yes,describe type and provide names. If appropriate,state what stream or river it flows into. N/A 2)Will the project require any work over,in,or adjacent to(within 200 feet)the described waters? If yes,please describe and attach available plans. N/A 3)Estimate the amount of fill and dredge material that would be placed in or removed from surface water or wetlands and indicate the area of the site that would be affected. Indicate the source of fill material. N/A 3 • TO BE COMPLETED BY APPLICANT EVALUATION FOR `• A. AGENCY USE ONLY 4)Will the proposal require surface water withdrawals or diversions? Give general description,purpose,and approximate quantities if known.. N/A 5)Does the proposal lie within a 100-year floodplain? If so,note location on the site plan. N/A 6)Does the proposal involve any discharges of waste materials to surface waters? If so, describe the type of waste and anticipated volume of discharge. N/A b. Ground: 1) Will ground water be withdrawn,or will water be discharged to ground water? Give general description,purpose,and approximate quantities if known. N/A 2)Describe waste material that will be discharged into the ground from septic tanks or other sources,if any(for example: Domestic sewage; industrial,containing the following chemicals;agricultural;etc.). Describe the general size of the system,the number of such systems,the number of houses to be served(if applicable),or the number of animals or humans the system(s)are expected to serve. N/A c. Water runoff(including stormwater): 1) Describe the source of runoff(including storm water)and method of collection and disposal,if any(include quantities,if known). Where will this water flow? Will this water flow into other waters? If so,describe. N/A 2)Could waste materials enter ground or surface waters? If so,generally describe. N/A d. Proposed measures to reduce or control surface,ground, and runoff water impacts,if any: N/A 4. Plants a. Check or circle types of vegetation found on the site: N/A deciduous tree: alder,maple,aspen,other evergreen tree: fir,cedar,pine,other shrubs grass pasture crop or grain wet soil plants: cattail,buttercup,bullrush,skunk cabbage,other water plants: water lily,eelgrass,miifoil,other other types of vegetation b. What kind and amount of vegetation will be removed or altered?N/A 4 TO BE COMPLETED BY APPLICANT EVALUATION FOR AGENCY USE ONLY c. List threatened or endangered species known to be on or near the site.N/A d Proposed landscaping,use of native plants,or other measures to preserve or enhance vegetation on the site,if any:N/A 5. Animals a. Circle any birds and animals which have been observed on or near the site or are known to be on or near the site:N/A birds: hawk,heron,eagle,songbirds,other: mammals: deer,bear,elk,beaver,other: fish: bass,salmon,trout,herring,shellfish,other: b. List any threatened or endangered species known to be on or near the site.N/A c. Is the site part of a migration route? If so,explain.N/A cL Proposed measures to preserve or enhance wildlife,if any:N/A 6. Energy and natural resources a. What kinds of energy(electric,natural gas,oil,wood stove,solar)will be used to meet the completed project's energy needs? Describe whether it will be used for heating, manufacturing,etc.N/A b. Would your project affect the potential use of solar energy by adjacent properties? If so,generally describe.N/A c. What kinds of energy conservation features are included in the plans of this proposal? List other proposed measures to reduce or control energy impacts,if any:N/A 7. Environmental health a. Are there any environmental health hazards,including exposure to toxic chemicals,risk of fire and explosion,spill,or hazardous waste,that could occur as a result of this proposal? If so,describe.N/A 1)Describe special emergency services that might be required.N/A 2)Proposed measures to reduce or control environmental health hazards,if any:N/A b. Noise 1)What types of noise exist in the area which may affect your project(for example: traffic,equipment,operation,other)?N/A 5 r • • TO BE COMPLETED BY APPLICANT EVALUATION FOR AGENCY USE ONLY 2)What types and levels of noise would be created by or associated with the project on a short-term or a long-term basis(for example: traffic,construction,operation,other)?Indicate what hours noise would come from the site.N/A 3)Proposed measures to reduce or control noise impacts,if any:N/A 8. Land and shoreline use a. What is the current use of the site and adjacent properties?N/A b. Has the site been used for agriculture? If so,describe.N/A c. Describe any structures on the site.N/A d. Will any structures be demolished? If so,what?N/A e. What is the current zoning classification of the site?N/A f. What is the current comprehensive plan designation of the site?N/A g. If applicable,what is the current shoreline master program designation of the site?N/A h. Has any part of the site been classified as an"environmentally sensitive"area? If so,specify.N/A i. Approximately how many people would reside or work in the completed project?N/A j. Approximately how many people would the completed project displace?N/A k. Proposed measures to avoid or reduce displacement impacts,if any:N/A I. Proposed measures to ensure the proposal is compatible with existing and projected land uses and plans,if any:N/A 9. Housing a_ Approximately how many units would be provided,if any? Indicate whether high,mid- dle,or low-income housing.N/A b. Approximately how many units,if any,would be eliminated?Indicate whether high, middle,or low-income housing.N/A c. Proposed measures to reduce or control housing impacts,if any:N/A 6 TO BE COMPLETED BY APPLICANT EVALUATION FOR AGENCY USE ONLY 10. Aesthetics a. What is the tallest height of any proposed structure(s),not including antennas;what is the principal exterior building material(s)proposed?N/A • b. What views in the immediate vicinity would be altered or obstructed?N/A • c. Proposed measures to reduce or control aesthetic impacts,if any.N/A 11. Light and glare a. What type of light or glare will the proposal produce? What time of day would it mainly occur?N/A b. Could light or glare from the finished project be a safety harard or interfere with views?N/A c. What existing off-site sources of light or glare may affect your proposal?N/A d. Proposed measures to reduce or control light and glare impacts,if any:N/A 12. Recreation a. What designated and informal recreational opportunities are in the immediate vicinity?N/A b. Would the proposed project displace any existing recreational uses? If so,describe.N/A c. Proposed measures to reduce or control impacts on recreation,including recreation opportunities to be provided by the project or applicant,if any N/A 13. Historic and cultural preservation a. Are there any places or objects listed on,or proposed for,national,state,or local preser- vation registers known to be on or next to the site? If so,generally describe.N/A b. Generally describe any landmarks or evidence of historic,archaeological,scientific,or cultural importance known to be on or next to the site.N/A c. Proposed measures to reduce or control impacts,if any:N/A 14. Transportation a. Identify public streets and highways serving the site,and describe proposed access to the existing street system. Show on site plans,if any.N/A 7 TO BE COMPLETED BY APPLICANT EVALUATION FOR AGENCY USE ONLY b. Is site currently served by public transit? If not,what is the approximate distance to the nearest transit stop?N/A c. How many parking spaces would the completed project have? How many would the project eliminate?N/A cL Will the proposal require any new roads or streets,or improvements to existing roads or streets,not including driveways? If so,generally describe(indicate whether public or private).N/A e. Will the project use(or occur in the immediate vicinity of)water,rail,or air transportation? If so,generally describe.N/A f. How many vehicular trips per day would be generated by the completed project?If known,indicate when peak volumes would occur.N/A g. Proposed measures to reduce or control transportation impacts,if any:N/A 15. Public services a. Would the project result in an increased need for public services(for example:fire pro- tection,police protection,health care,schools,other)? If so,generally describe.N/A b. Proposed measures to reduce or control direct impacts on public services,if any.N/A 16. Utilities a. Circle utilities currently available at the site: electricity,natural gas,water,refuse serv- ice,telephone,sanitary sewer,septic system,other.N/A b. Describe the utilities that are proposed for the project,the utility providing the service, and the general construction activities on the site or in the immediate vicinity which might be needed.N/A C. SIGNATURE The above answers are true and complete to the best of my knowledge. I understand that the lead agency is relying on them to make its decision. r Signature: Date Submitted: , f Z•t/Q•LI• 8 TO BE COMPLETED BY APPLICANT EVALUATION FOR AGENCY USE ONLY D. SUPPLEMENTAL SHEET FOR NONPROJECT ACTIONS (do not use this sheet for project actions) Because these questions are very general,it may be helpful to read them in conjunction with the list of the elements of the environment When answering these questions,be aware of the extent the proposal,or the types of activities likely to result from the proposal,would affect the item at a greater intensity or at a faster rate than if the proposal were not implemented. Respond briefly and in general terms. 1. How would the proposal be likely to increase discharge to water;emissions to air,production,storage,or release of toxic or hazardous substances;or production of noise? Passage of the proposed ballot measure will continue the fire and emergency medical services of Spokane County Fire Districts Nos.1 and 8 within the corporate limits of the City of Spokane Valley. Proposed measures to avoid or reduce such increases are: N/A 2. How would the proposal be likely to affect plants,animals,fish,or marine life? The proposal will have no affect on plants,animals,fish,or marine life. Proposed measures to protect or conserve plants,animals,fish,or marine life are: N/A 3. How would the proposal be likely to deplete energy or natural resources? The proposal will not deplete energy or natural resources. Proposed measures to protect or conserve energy and natural resources are: N/A 4. How would the proposal be likely to use or affect environmentally sensitive areas or areas designated(or eligible or under study)for governmental protection;such as parks, wilderness,wild and scenic rivers,threatened or endangered species habitat,historic or cultural sites,wetlands,floodplains,or prime farmlands? The proposal will not affect environmentally sensitive areas or areas designated for governmental protection. Proposed measures to protect such resources or to avoid or reduce impacts are: N/A 5. How would the proposal be likely to affect land and shoreline use,including whether it would allow or encourage land or shoreline uses incompatible with existing plans? The proposal will have no affect on shoreline use. Proposed measures to avoid or reduce shoreline and land use impacts are: N/A 6. How would the proposal be likely to increase demands on transportation or public services and utilities? The proposal will have no affect on transportation or other public services and utilities. Proposed measures to reduce or respond to such demand(s)are: N/A 7. Identify,if possible,whether the proposal may conflict with local,state,or federal laws or requirements for the protection of the environment The proposal does not conflict with any local,state,or federal laws. 9