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2010, 04-13 Regular Meeting AGENDA SPOKANE VALLEY CITY COUNCIL REGULAR MEETING FORMAL MEETING FORMAT Tuesday,April 13,2010 6:00 p.m. Spokane Valley City Hall Council Chambers 11707 E Sprague Avenue Council Requests Please Silence Your Cell Phones During Council Meeting CALL TO ORDER: INVOCATION: Pastor Al Hulten,Valley Assembly Church PLEDGE OF ALLEGIANCE: ROLL CALL: APPROVAL OF AGENDA: INTRODUCTION OF SPECIAL GUESTS AND PRESENTATIONS: COMMITTEE,BOARD,LIAISON SUMMARY REPORTS: MAYOR'S REPORT: Proclamation: Take Our Kids to Work Day PUBLIC COMMENTS: This is an opportunity for the public to speak on any subject not on the agenda for action. When you come to the podium, please state your name and address for the record and limit remarks to three minutes. 1. CONSENT AGENDA: Consists of items considered routine which are approved as a group. Any member of Council may ask that an item be removed from the Consent Agenda to be considered separately. a. Approval of the following claim vouchers: VOUCHER LIST DATE W/VOUCHER NUMBERS: TOTAL AMOUNT 03/16/2010 #19789-19832; 305100006, 308100005 $632,606.80 03/22/2010 #19833 $536.49 03/23/2010 #19834-19850 $124,739.90 03/26/2010 #19851-19859 $39,995.47 03/26/2010 #19860-19899 $131,117.47 04/01/2010 #3113-3115; #3125 $105,070.83 04/02/2010 #5006-5010 $452.00 04/02/2010 #19901-19927; #3291000019 $145,956.28 GRAND TOTAL $1,180,475.24 b. Approval of Payroll for Period Ending March 31, 2010: $363,857.08 c. Approval of Formal Format Council Meeting Minutes of March 9, 2010 d. Approval of Formal Format Council Meeting Minutes of March 23, 2010 e. Approval of Joint Council/Spokane City Study Meeting Minutes of March 30, 2010 f.Approval of Regular Study Session Council Meeting Minutes of March 30, 2010 Council Agenda 04-13-10 Regular Meeting Page 1 of 2 NEW BUSINESS: 2. Second Reading Proposed Ordinance 10-006 Adult Entertainment — Cary Driskell [public comment] 3. First Reading Proposed Ordinance 10-007 Amending Comprehensive Plan-Mike Basinger/ Christina Janssen [public comment] 4. First Reading Proposed Ordinance 10-008 Amending Zoning Map—Mike Basinger [public comment] 5. Proposed Resolution 10-007 Adopting Amended 2010 Transportation Improvement Plan— Steve Worley [public comment] 6. Proposed Resolution 10-008 Setting Street Vacation Public Hearing (STV 01-10)—Karen Kendall [public comment] 7. Proposed Amended Fee Resolution 10-009 Adult Entertainment Appeal Process— Cary Driskell [public comment] 8. Motion Consideration: Interlocal Agreement,Airway Heights—Mike Jackson [public comment] 9. Motion Consideration: Lawsuit Release and Settlement—Mike Connelly [public comment] PUBLIC COMMENTS: This is an opportunity for the public to speak on any subject not on the agenda for action. When you come to the podium, please state your name and address for the record and limit remarks to three minutes. ADMINISTRATIVE REPORTS: 10. Advance Agenda INFORMATION ONLY: (will not be reported or discussed) n/a 11. EXECUTIVE SESSION: Pending Litigation [RCW 42.30.110(i)] ADJOURNMENT General Meeting Schedule(meeting schedule is always subject to change) Regular Council meetings are generally held every Tuesday beginning at 6:00 p.m. The Formal meeting formats are generally held the 2nd and 4th Tuesdays. Formal meeting have time allocated for general public comments as well as comments after each action item. The Study Session formats (the less formal meeting) are generally held the 1St 3rd and sometimes 5th Tuesdays. Study Session formats DO NOT have time allocated for general public comments; but if action items are included, comments are permitted after those specific action items. NOTICE: Individuals planning to attend the meeting who require special assistance to accommodate physical,hearing,or other impairments,please contact the City Clerk at(509)921-1000 as soon as possible so that arrangements may be made. Council Agenda 04-13-10 Regular Meeting Page 2 of 2 CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: 04-13-2010 City Manager Sign-off: Item: Check all that apply: ® consent ❑ old business ❑ new business ❑ public hearing ❑ information [' admin. report ❑ pending legislation AGENDA ITEM TITLE: Approval of the Following Vouchers: VOUCHER LIST DATE W/VOUCHER NUMBERS: TOTAL AMOUNT 03/16/2010 #19789-19832; 305100006, 308100005 $632,606.80 03/22/2010 #19833 $536.49 03/23/2010 #19834-19850 $124,739.90 03/26/2010 #19851-19859 $39,995.47 03/26/2010 #19860-19899 $131,117.47 04/01/2010 #3113-3115; #3125 $105,070.83 04/02/2010 #5006-5010 $452.00 04/02/2010 #19901-19927;#3291000019 $145,956.28 GRAND TOTAL $1,180,475.24 RECOMMENDED ACTION OR MOTION: Approve claims for vouchers as listed above. BUDGET/FINANCIAL IMPACTS: STAFF CONTACT: Ken Thompson, Finance Director ATTACHMENTS Voucher Lists vchlist Voucher List Page: 1 03/16/2010 4:33:11 PM Spokane Valley Bank code: apbank Voucher . Date Vendor Invoice PO# Description/Account Amount 19789 3/16/2010 000958 MA SWEEPING, LLC 43959-A 42547 2010 STREET SWEEPING CONTRA 28,464.67 43960-A 42563 2010 AAA VACTORING CONTRACT 140.37 Total: 28,605.04 19790 3/16/2010 001081 ALSCO LSP0747385 FLOOR MATS: PARKS 19/6 LSP0754235 FLOOR MATS:PARKS 19/6 LSP0760736 FLOOR MATS: CITY HALL 26.21 Total: 65.73 19791 3/16/2010 000335 ALTON'S TIRE INC, 8080001762 OIL CHANGE:355190 103.21 8080002740 OIL CHANGE:2003 CHEW 510 42.38 8080004132 OIL CHANGE:06769D 25.74 8080004361 OIL CHANGE:355185D 32.52 8080004426 OIL CHANGE—06770D 99.12 Total : 302.97 19792 3/16/2010 001938 BERGER/ABAM ENGINEERS INC 16684 PROFESSIONAL SVCS: PLANNING 1,950.79 Total : 1,950.79 19793 3/16/2010 000918 BLUE RIBBON LINEN SUPPLY INC 9099465 LINEN SUPPLY AND SERVICE: CP 111.10 9101380 LINEN SUPPLY AND SERVICE: CP 345.46 Total: 456.56 19794 3/16/2010 000673 BUDGET ARBOR&LOGGING LLC 10-891 TREE TRIMMING 652.20 Total: 652.20 19795 3/16/2010 000101 CDW-G RX04127 42564 BACKUP TAPES 326.60 Total: 326.60 19796 3/16/2010 000508 CONOCOPHILLIPS FLEET 870166725002 FEB 2010:FLEET FUEL BILL 1,662.48 Total: 1,662.48 19797 3/16/2010 000235 DATA BASE RECORDS DESTRUCTION 52998 SHREDDING CHARGES 123.60 Total: 123.60 19798 3/16/2010 000999 EASTERN WA ATTORNEY SVC, INC 34220 LEGAL SERVICES 80,00 Page: 1 vchlist Voucher List Page: 2 03/16/2010 4:33:11 PM Spokane Valley Bank code: apbank Voucher Date Vendor Invoice PO# Description/Account Amount 19798 3/16/2010 000999 000999 EASTERN WA ATTORNEY SVC, INC (Continued) Total: 80.00 19799 3/16/2010 001410 FOSTER TRAINING&CONSULTING 1003 FLAGGER TRAINING: PW 600.00 Total: 600.00 19800 3/16/2010 001447 FREE PRESS PUBLISHING INC 33770 LEGAL PUBLICATION 44.80 33771 LEGAL PUBLICATION 28.90 33772 LEGAL PUBLICATION 37.40 33773 LEGAL PUBLICATION 97.75 Total : 208.85 19801 3/16/2010 000007 GRAINGER 9195426771 42528 2010 SMALL TOOLS&EQUIP 206.61 Total : 206.61 19802 3/16/2010 000259 HUMANIX INC. 173412 STAFFING SERVICE: LASERFICHE 568.00 Total : 568.00 19803 3/16/2010 000288 INTL CODE COUNCIL 1186532-IN PUBLICATIONS: BLG 91.80 Total : 91.80 19804 3/16/2010 001635 ISS FACILITY/EVENT SERVICES 22438 EVENT SVCS:CP 146.61 22477 EVENT SVCS:CP 98.50 Total : 245.11 19805 3/16/2010 000265 JACKSON, MIKE MARCH 2010 MONTHLY AUTO ALLOWANCE 400.00 Total : 400.00 19806 3/16/2010 001684 MARKETING SOLUTIONS NW CP 3/11/10 Postage MARKETING:CP 3,707.39 Total: 3,707.39 19807 3/16/2010 000258 MICROFLEX INC. 00019177 TAXTOOLS SOFTWARE RENTAL FE 343.83 Total: 343.83 19808 3/16/2010 002203 NAPA AUTO PARTS Feb 2010 42531 2010 SMALL TOOLS&EQUIP 112.67 Total: 112.67 19809 3/16/2010 000662 NAIL BARRICADE&SIGN CO 67883 42532 2010 SMALL TOOLS&EQUIP 1,832.46 Total: 1,832.46 Page: 2 vchlist Voucher List Page: 3 0311612010 4:33:11 PM Spokane Valley Bank code: apbank Voucher Date Vendor Invoice PO# Description/Account Amount 19810 3/16/2010 001035 NETWORK DESIGN&MANAGEMENT 17763 FEBRUARY 2010:SYSTEM MAINTE 7,433.75 17826 42567 POST WARRENTY SUPPORT RENE 4,642.06 17827 42567 POST WARRENTY SUPPORT RENE 1,659.83 42567 Total : 13,735.64 19811 3/16/2010 000307 OFFICE OF THE STATE TREASURER FEB 2010 STATE REMITTANCE 98,691.96 Total: 98,691.96 19812 3/16/2010 002243 ORBITCOM 00322585 EITHERNET:MARCH 2010 634.38 Total: 634.38 19813 3/16/2010 001604 PACIFIC NW PAPER 112326 COPY PAPER 1,433.75 Total: 1,433.75 19814 3/16/2010 000119 PLESE PRINTING 1300445867 BUSINESS CARDS 260.06 Total: 260.06 19815 3/16/2010 001089 POE ASPHALT PAVING, INC. 43183 42535 2010 SNOW REMOVAL CONTRACT 23,120.86 43184 42535 2010 SNOW REMOVAL CONTRACT 10,022.73 Total : 33,143.59 19816 3/16/2010 000322 QWEST 509-924-4707 740B FEB 2010 PHONE SERVICE:TERRA 109.57 Total: 109.57 19817 3/16/2010 000064 SCHIMMELS, GARY EXPENSES MILEAGE EXPENSE 244.00 Total: 244.00 19818 3/16/2010 000230 SPOKANE CO AUDITORS OFFICE FEBRUARY 2010 RECORDING FEES 133.00 Total: 133.00 19819 3/16/2010 000172 SPOKANE CO ENGINEER VLY1001 FEBRUARY 2010: COUNTY SERVIC 44,784.80 Total: 44,784.80 19820 3/16/2010 000090 SPOKANE CO INFO SYSTEMS 50305289 COUNTY IT SUPPORT 15,976.36 Total: '15,976.36 19821 3/16/2010 000308 SPOKANE CO PROSECUTING ATN FEB 2010 CRIME VICTIMS COMP FUND 1,354.36 Page: 3 vchlist Voucher List Page: 4 03/16/2010 4:33:11PM Spokane Valley Bank code: apbank Voucher Date Vendor invoice PO# Description/Account Amount 19821 3/16/2010 000308 000308 SPOKANE CO PROSECUTING ATTY (Continued) Total: 1,354.36 19822 3/16/2010 000658 SPOKANE CO SUPERIOR COURT FILING FEES FILING FEES: LEGAL 230.00 Total: 230.00 19823 3/16/2010 000459 SPOKANE CO TITLE CO 24737 42079 , TITLE INS. BROADWAY,MOORE TO 217,40 Total : 217.40 19824 3/16/2010 000001 SPOKANE CO TREASURER 51500052 FEB 2010 WORK CREW 4,062.42 51500059 FEBRUARY 2010: HOUSING 34,315.00 51500069 FEBRUARY 2010 JAIL HOUSING 35,678.74 Total : 74,056.16 19825 3/16/2010 000001 SPOKANE CO TREASURER FEBRUARY 2010 SPOKANE COUNTY SERVICES 445,68 Total : 445.68 19826 3/16/2010 000093 SPOKESMAN-REVIEW 178258 ADVERTISING-PW 539.46 Total : 539.46 19827 3/16/2010 002185 URS CORPORATION 4225671 PROFESSIONAL SERVICES 11,900.00 Total : 11,900.00 19828 3/16/2010 000964 VOLT MANAGEMENT CORP 22366951 STAFFING SVCS:IT 448.00 Total : 448.00 19829 3/16/2010 001872 WA DEPT OF INFO SERVICES 2010020197 42541 AUTOCAD CIVIL 3D SUB AND SUPF 4,872.11 Total : 4,872.11 19830 3/16/2010 000676 WEST 820147730 LEGAL SUBSCRIPTION 602.65 Total : 602.65 19831 3/16/2010 000089 XO COMMUNICATIONS 0235053572 INTERNET/DATA LINES:JANUARY: 244.67 Total: 244.67 19832 3/16/2010 001885 ZAYO BANDWIDTH LLC March 2010 DARK FIBER LEASE 228.27 Total: 228.27 305100006 3/5/2010 000001 SPOKANE CO TREASURER FEB 2010 SPOKANE COUNTY SERVICES 215,784.50 Page: 4 vchlist Voucher List Page: 5 03!16/2010 4:33:11PM Spokane Valley Bank code: apbank Voucher Date Vendor Invoice PO# Description/Account Amount 305100006 3/5/2010 000001 000001 SPOKANE CO TREASURER (Continued) Total: 215,784.50 308/00005 3/8/2010 000001 SPOKANE CO TREASURER January 2010 JAN 2010 HOUSING AND JAIL HOU; 69,993.74 Total: 69,993.74 46 Vouchers for bank code: apbank Bank total : 632,606.80 46 Vouchers in this report Total vouchers: 632,606.80 I,the undersigned,do certify under penalty of perjury, that the materials have been furnished,the services rendered,or the labor performed as described herein and that the claim is just,due and an unpaid obligation against the City of Spokane Valley,and that I am authorized to authenticate and certify to said claim. Finance Director Date Page: 5 vchlist Voucher List - Page: 1 03/22/2010 12:02:51 PM Spokane Valley Bank code: apbank Voucher Date Vendor Invoice PO# Description/Account Amount 19833 3/22/2010 000081 STATE OF WASHINGTON 003 USE TAX:Q4 2009 536.49 Total: 536.49 1 Vouchers for bank code: apbank Bank total : 536A9 1 Vouchers in this report Total vouchers: 536A9 I,the undersigned,do certify under penalty of perjury, that the materials have been furnished,the services rendered,or the labor performed as described herein and that the claim is just,due and an unpaid obligation against the City of Spokane Valley,and that I am authorized to authenticate and certify to said claim. Finance Director Date Page: 1 vchlist Voucher List Page: 1 03/23/2010 8:36:15AM Spokane Valley Bank code: apbank Voucher Date Vendor Invoice PO# Description/Account Amount 19834 3/23/2010 001540 ARNOLD, DARLA Expenses EXPENSE REIMBURSEMENT 9.40 Total : 9.40 19835 3/23/2010 000030 AVISTA 410069444 UTILITIES: PW MASTER AVISTA 22,260.83 Total : 22,260.83 19836 3/23/2010 000572 CARTER, CAROL Expenses EXPENSE REIMBURSEMENT 37.00 Total : 37.00 19837 3/23/2010 001169 CITY OF SPOKANE VALLEY March 2010 PETTY CASH:8796, 98, 99,7827, 7E 14.45 March 2010 PEI 1Y CASH:6940,41,42 42.89 Total: 57.34 19838 3/23/2010 002161 DELLWO, ROBERTS&SCANLON 3947 PROFESSIONAL SERVICES 483.00 Total : 483.00 19839 3/23/2010 001846 ECOPLAN-DESIGN 183 42177 LANDSCAPE ARCHITECHURAL SEI 6,788.80 Total : 6,788.80 19840 3/23/2010 001253 GORDON THOMAS HONEYWELL FEB 10 1042 LOBBYIST SERVICES 3,150.16 Total : 3,150.16 19841 3/23/2010 000321 GREATER SPOKANE INC 72369 BREAKFAST:MIKE JACKSON 25.00 Total: 25.00 19842 3/23/2010 000012 JOURNAL OF BUSINESS INC. 2010 JOURNAL OF BUSINESS SUBSCRIF 39.95 Total: 39.95 19843 3/23/2010 000132 MODERN ELECTRIC WATER CO 04500-01 UTILITIES 10,302.35 Total : 10,302.35 19844 3/23/2010 000193 NORTHWEST CHRISTIAN SCHOOL INC April 2010 CITY HALL RENT 37,300.83 Total : 37,300.83 19845 3/23/2010 001084 PAPICH,JENNIFER Expenses EXPENSE REIMBURSEMENT 16.49 Total : 16.49 Page: 1 vc'.ilist Voucher List Page: 2 03/23/2010 8:36:15AM Spokane Valley Bank code: apbank Voucher Date Vendor Invoice PO# Description/Account Amount 19846 3/23/2010 000322 QWEST 509-926-1840 194B MARCH 2010 PHONE SERVICE: PAI 109.57 Total : 109.57 19847 3/23/2010 000935 SERVICE PAPER CO 11267574 SUPPLIES:CP 101.05 30463618 SUUPLIES: CP 427.06 30463620 SUPPLIES: CP 131.01 Total : 659.12 19848 3/23/2010 002274 SLIHC April 2010 REGISTRATION FOR GRASSEL 30.00 Total : 30.00 19849 3/23/2010 000406 SPOKANE REGIONAL CVB 2274 LODGING TAX REIMBURSEMENT: F 16,666.00 Dec 2009 LODGING TAX REIMBURSEMENT: 1 25,748.00 Total : 42,414.00 19850 3/23/2010 001074 ZEE MEDICAL 0161332884 MEDICAL SUPPLIES 1,056.06 Total : 1,056.06 17 Vouchers for bank code: apbank Bank total : 124,739.90 17 Vouchers in this report Total vouchers: 124,739.90 I,the undersigned,do certify under penalty of perjury, that the materials have been fumished,the services rendered,or the labor performed as described herein and that the claim is just,due and an unpaid obligation against the City of Spokane Valley,and that I am authorized to authenticate and certify to said claim. Finance Director Date Page: 2 vchlist Voucher List Page: 1 33/26/2010 12:05:48PM Spokane Valley Bank code: apbank Voucher Date Vendor Invoice PO# Description/Account Amount 19851 3/26/2010 000571 CODE PUBLISHING CO 35107 MUNICIPAL CODE UPDATE 547.85 35169 MUNICIPAL CODE UPDATE 499.32 Total : 1,047.17 19852 3/26/2010 000007 GRAINGER 9201677573 42528 2010 SMALL TOOLS&EQUIP 14.23 9203184230 42528 2010 SMALL TOOLS&EQUIP 34.84 9203184248 42528 2010 SMALL TOOLS&EQUIP 14.54 9208826074 42528 2010 SMALL TOOLS&EQUIP 121.10 Total : 184.71 19853 3/26/2010 002273 HARMON GLASS DOCTOR 1-13705 WINDSHEILD WORK:2004 DODGE 201.10 Total : 201.10 19854 3/26/2010 000662 NATL BARRICADE&SIGN CO 67927 42532 2010 SMALL TOOLS&EQUIP 652.20 Total : 652.20 19855 3/26/2010 000193 NORTHWEST CHRISTIAN SCHOOL INC April 2010 CITY HALL RENT 37,350.83 Total: 37,350.83 19856 3/26/2010 000064 SCHIMMELS, GARY Expenses EXPENSE/TRAVEL REIMBURSEMEI 102.20 Total: 102.20 19857 3/26/2010 000335 TIRE-RAMA, FORMERLY ALTON'S 8080004710 FLEET MAINTENANCE:07 FORD F' 36.25 Total: 36.25 19858 3/26/2010 001792 WHITEHEAD,JOHN Expenses EXPENSE REIMBURSEMENT 45.80 Total: 45.80. 19859 3/26/2010 000347 WORLEY, STEVE Expenses EXPENSE REIMBURSEMENT 375.21 Total: 375.21 9 Vouchers for bank code: apbank Bank total : 39,995.47 9 Vouchers in this report Total vouchers: 39,995.47 Page: 1 vchlist Voucher List Page: 1 03/26/2010 4:02:01PM Spokane Valley Bank code: apbank Voucher Date Vendor Invoice PO# Description/Account Amount 19860 3/26/2010 001081 ALSCO LSP0767621 FLOOR MATS: CITY HALL 26.21 Total: 26.21 19861 3/26/2010 001012 ASSOC BUSINESS SYSTEMS 392637 COPIER COSTS:LEGAL 28.04 392715 COPIER COSTS: CD 135.06 Total: 163.10 19862 3/26/2010 001017 AVTECH SOFTWARE INC M010031413 AVTECH TEMPAGER ANNUAL MAIN 100.00 Total : 100.00 19863 3/2612010 001648 BERK&ASSOCIATES 5682-04-09 CTED GRANT CONTRACT#C08-63 146.25 Total : 146.25 19864 3/26/2010 000173 MGM/IAN,GREG CELL ALLOWANCE 1ST QUARTER CELL ALLOWANCE: 135.00 Total: 135.00 19865 3/26/2010 001611 BOUNDARY REVIEW BOARD CTED GRANT 09 CTED GRANT-CONTRACT#C08-6: 4,183.05 Total: 4,183.05 19866 3/26/2010 000904 BRANCH, CAROLBELLE CELL ALLOWANCE 1ST QUARTER CELL ALLOWANCE: 135.00 Total: 135.00 19867 3/26/2010 000796 BUDINGER&ASSOC INC M08218-14 42110 GEOTECH&MATERIALS TESTING 156.50 Total: 156.50 19868 3/26/2010 001139 CATS EYE EXCAVATING INC CIP No.0132 RETAINAGE RELEASE 3,694.38 Total: 3,694.38 19869 3/26/2010 000863 CENTURY WEST ENG CORP 231590 42555 10-011 DESIGN ROW CIP 0063 1,737.58 Total : 1,737.58 19870 3/26/2010 001926 DAVENPORT, SARAH EXPENSES MILEAGE EXPENSES 61.75 EXPENSES REIMBURSEMENT 16.49 Total : 78.24 19871 3/26/2010 000683 DAVID EVANS&ASSOCIATES 286196 42571 AGREEMENT FOR PROFESSIONAL 4,620.00 287146 42571 AGREEMENT FOR PROFESSIONAL 7,130.50 Page: 1 vchlist Voucher List Page: 2 03/26/2010 4:02:01PM Spokane Valley Bank code: apbank Voucher Date Vendor Invoice PO# DescriptionlAccount Amount 19871 3/26/2010 000683 000683 DAVID EVANS&ASSOCIATES (Continued) Total 11,750.50 19872 3/26/2010 001603 DEMPSEY. OSE 831'13A59 SIGNAL Sri unmip;TPo-n` rviXfl 2,/2 RE-313-ATB00309070 INTELLIGENT TRAFFIC SYSTEMS E 726.03 Total : 10,851.54 19874 3/26/2010 001009 GOTHMANN,WILLIAM CELL ALLOWANCE 1ST QUARTER CELL ALLOWANCE: 135.00 Total: 135.00 19875 3/26/2010 002235 GRAFOS, DEAN CELL ALLOWANCE 1ST QUARTER CELL ALLOWANCE: 135.00 Total: 135.00 19876 3/26/2010 002271 GRASSEL, BRENDA CELL ALLOWANCE 1ST QUARTER CELL ALLOWANCE: 135.00 Total: 135.00 19877 3/26/2010 000002 H&H BUSINESS SYSTEMS INC. FEBRUARY 2010 COPIER COST 2,956.75 Total: 2,956.75 19878 3/26/2010 000393 INLAND AUDIO VISUAL 11771 EQUIPMENT RENTAL: IT 256.53 Total : 256.53 19879 3/26/2010- 002276 INLAND NW PARLIAMNENTARY MARCH 2010 NAPIWSAP MEMBERSHIP:GRIFFIT 10.00 Total : 10.00 19880 3/26/2010 000265 JACKSON, MIKE CELL ALLOWANCE 1ST QUARTER CELL ALLOWANCE: 135.00 Total: 135.00 19881 3/26/2010 001439 K&L GATES LOCKHART 2150366 PROFESSIONAL SERVICES 1,620.00 Total : 1,620.00 19882 3/26/2010 000437 LIBERTY LAKE SPLASH 2010 NEWSPAPER SUBSCRIPTION 50.00 Total : 50.00 19883 3/26/2010 001035 NETWORK DESIGN &MANAGEMENT 17903 42568 UPS MANAGEMENT MODULE 350.27 Page: 2 vchlist Voucher List Page: 3 03/2612010 4:02:01PM Spokane Valley Bank code: apbank Voucher Date Vendor Invoice PO# Description/Account Amount 19883 3/26/2010 001035 001035 NETWORK DESIGN&MANAGEMEN (Continued) Total: 350.27 19884 • 3/26/2010 002277 NW DIST OF WESLEYAN CHURCH CEP No.0088 ROW ACQUISITIONS/BROADWAY F 19,450.00 Total : 19,450.00 19885 3/26/2010 000652 OFFICE DEPOT INC. 511538283001 OFFICE SUPPLIES:ADMIN 208.41 511538611001 OFFICE SUPPLIES:ADMIN 39.70 51 1 53861 2001 OFFICE SUPPLIES:ADMIN 29.34 Total: 277.45 19886 3/26/2010 001604 PACIFIC NW PAPER 112698 COPY PAPER 150.01 Total: 150.01 19887 3/26/2010 002278 PICHE, GRANT J JR&NINA M CIP No 0088 ROW ACQUISITIONS/BROADWAY F 200.00 CIP No 0088 ROW ACQUISITIONS/BROADWAY F 8,300.00 Total : 8,500.00 19888 3/26/2010 000119 PLESE PRINTING 1330045972 CITY LOGO ENVELOPES 328.01 Total : 328.01 19889 3/26/2010 000019 PURRFECT LOGOS, INC. 25382 PODIUM HANGING SIGN: M.JACKS 48.92 Total : 48.92 19890 3/26/2010 000064 SCHIMMELS,GARY CELL ALLOWANCE 1ST QUARTER CELL ALLOWANCE: 135.00 Total: 135.00 19891 3/26/2010 001892 SKILLINGS CONNOLLY INC 6506 42230 REAL ESTATE SERVICES CIP 0088 3,119.67 Total: 3,119.67 19892 , 3/26/2010 000172 SPOKANE CO ENGINEER VLY1002 COUNTY SERVICES 44,229.11 Total: 44,229.11 19893 3/26/2010 000311 SPRINT 326088106-028 WAPS FOR LAPTOPS 549.89 959698810-028 SPRINT CELL PHONES 1,610.61 Total : 2,160.50 19894 3/26/2010 001250 SYTE NET SERVICES 6808 CABLING MAINT 540.42 Total: 540.42 Page: 3 • whilst Voucher List Page: 4 03/26/2010 4:02:01 PM Spokane Valley Bank code: apbank Voucher Date Vendor Invoice PO# Description/Account Amount 19895 3/26/2010 001895 TAYLOR ENGINEERING INC #3 42523 ON CALL ENGINEER DESIGN SERI, 6,960.00 1 42523 ON CALL ENGINEER DESIGN SER, 710.00 19896 3/26/2010 002254 TOWEY,TOM CELL ALLOWANCE 1ST QUARTER CELL ALLOWANCE: 135.00 EXPENSES NLC CONFERENCE:TOWEY 106.52 Total: 241.52 19897 3/26/2010 001464 TW TELECOM 03462351 NTERNEf/DATA LILNES:CP '{,705.67 Total: 1,705.67 19898 3/26/2010 000140 WALTS MAILING SERVICE 23729 INFO SELF-MAILER:SULLIVAN COF 804.23 Total : 804.23 19899 3/26/2010 002275 WSAP ANNUAL MEETING 2010 WSAP WSAP ANNUAL MEETING: DEANNA 83.00 Total: 83.00 40 Vouchers for bank code: apbank Bank total: 131,117.47 40 Vouchers in this report Total vouchers: 131,117.47 I,the undersigned,do certify under penalty of perjury, that the materials have been furnished,the services rendered,or the labor performed as described herein and that the claim is just,due and an unpaid obligation against the City of Spokane Valley,and that I am authorized to authenticate and certify to said claim. Finance Director Date Page: 4 vchlist Voucher List Page: 1 0410112010 2:44:35PM Spokane Valley Bank code: apbank Voucher Date Vendor Invoice PO# DescriptionlAccount Amount 3113 3/19/2010 000048 VANTAGE TRANSFER AGENTS,401A PLAN Ben32818 401k Payment 31,959.08 Total: 31,959.08 3114 3/19/2010 000682 EFTPS Ben32820 FEDERAL TAXES:Payment 27,106.33 Total: 27,106.33 3115 3/19/2010 000145 VANTAGEPOINTTRANSFERAGENTS,457 PL Ben32822 457 DEFERRED COMPENSATION: Payr 20,986.09 Total: 20,986.09 3125 4/5/2010 000162 VANTAGE TRANSFER AGENTS,401A EXEC P Ben32946 Dave Mercier-City Manager- 25,019.33 Total: 25,019.33 4 Vouchers for bank code: apbank Bank total: 105,070.83 4 Vouchers in this report Total vouchers: 105,070.83 I,the undersigned,do certify under penalty of perjury, that the materials have been furnished,the services rendered,or the labor performed as described herein and that the claim is just,due and an unpaid obligation _ against the City of Spokane Valley,and that I am authorized to authenticate and certify to said claim. Finance Director Date Page: 1 vchlist Voucher List Page: '[ 04102/2010 8:29:49AM Spokane Valley Bank code: pk-ref Voucher Date Vendor Invoice PO# Description/Account Amount 5006 4/2/2010 002284 DISCOVERY SCHOOL REFUND REFUND FEES—GREAT ROOM, DIP 210.00 Total: 210.00 5007 4/2/2010 002286 INLAND NW CCIM CHAPTER REFUND REFUND FEES—MEETING ROOM 1 27.00 Total : 27.00 5008 4/2/2010 002265 NIHOUL&ASSOCIATES REFUND REFUND FEES: MEETING ROOM 11 27.00 Total : 27.00 5009 4/2/2010 002282 SAFELITE AUTOGLASS REFUND REFUND DEPOSIT-SMALL DINING 52.00 Total : 52.00 5010 4/2/2010 002283 SIMMONS, ELIZABETH REFUND REFUND FEES—CANCELLATION 136.00 Total : 136.00 5 Vouchers for bank code: pk-ref Bank total : 452.00 5 Vouchers in this report Total vouchers: 452.00 I,the undersigned,do certify under penalty of perjury, that the materials have been furnished,the services rendered,or the labor performed as described herein and that the claim is just,due and an unpaid obligation against the City of Spokane Valley,and that I am authorized to authenticate and certify to said claim. Finance Director Date Page: 1 vchlist Voucher List Page: 1 04/02/2010 12:44:15PM Spokane Valley Bank code: apbank Voucher Date Vendor Invoice PO# Description/Account Amount 19901 4/2/2010 001081 ALSCO LSPO761104 FLOOR MATS: PRECINCT 20.42 Total : 20.42 19902 4/2/2010 000030 AVISTA March 2010 UTILITIES: PARKS MASTER AVISTP 7,105.97 Total: 7,105.97 19903 4/2/2010 000497 BANK OF NEW YORK 111-1438203 BOND SERVICE ANNUAL FEE 300.00 Total: 300.00 19904 4/2/2010 001606 BANNER BANK 0618 MARCH 10: 0618 20.00 0620 MARCH 10: 0620 25.00 0638 MARCH 10: 0638 45.00 4375 MARCH 10:4375 120.00 4458 MARCH 10:4458 1,340.63 4474 MARCH 10:4474 1,781.05 4720 MARCH 10:4720 1,529.84 6527 MARCH 10:6527 1,592.18 8861 MARCH 10:8861 869.46 8879 MARCH 10:8879 35.00 Total : 7,358.16 19905 4/2/2010 001409 BEST LINE 100301238 ANSWERING SVC: CENTERPLACE 25.00 Total : 25.00 19906 4/2/2010 000918 BLUE RIBBON LINEN SUPPLY INC 9103265 LINEN SERVICE: CENTERPLACE 314.50 9105188 LINEN SERVICE: CENTERPLACE 428.89 S0071717 LINEN SERVICE: CENTERPLACE 403.54 Total : 1,146.93 19907 4/2/201 D 001169 CITY OF SPOKANE VALLEY March 2010 PETTY CASH:7837,7838 16.00 March 2010 PETTY CASH:7832,7833 6.00 Total : 22.00 19908 4/2/2010 000326 CONSOLIDATED IRRIGATION#19 March 2010 UTILITIES: PARKS 82.08 Total : 82.08 19909 4/2/201 D 000912 DEX MEDIA WEST February 201 D ADVERTISING:SENIOR CENTER 37.71 Page: 1 vchlist Voucher List Page: 2 04/0212010 12:44:15PM Spokane Valley Bank code: apbank Voucher Date Vendor Invoice PO# Description/Account Amount 19909 4/2/2010 000912 DEX MEDIA WEST (Continued) February 2010 ADVERTISING: CP 242.10 Total: 279.81 19910 4/2/2010 000022 INLAND BUSINESS PRODUCTS, INC. 57322 EMPLOYEE PHOTO ID'S HR 13.04 Total: 13.04 19911 4/2/2010 001439 K&L GATES LOCKHART 2156703 PROFESSIONAL SERVICES 1,825.00 Total: 1,825.00 19912 4/2/2010 000122 KUSTOM SIGNALS INC 412721 FALCON HR RADAR UNITS 5,565.45 Total: 5,565.45 19913 4/2/2010 000252 LOWE'S BUSINESS ACCOUNT March 2010 OPERATING SUPPLIES: CP 482.68 Total: 482.68 19914 4/212010 001860 PLATT 7466868 SUPPILES FOR CENTERPLACE 28.24 Total : 28.24 19915 4/2/2010 000019 PURRFECT LOGOS, INC. 25405 JACKETS FOR CENTERPLACE 80.98 Total : 80.98 19916 4/2/2010 001438 RIVIERA FINANCE 4632F Bike Helmets for SCOPE program 20 4,260.37 Total : 4,260.37 19917 4/2/2010 000709 SENSKE LAWN&TREE CARE INC. 3355831 CONTRACT MAINTENANCE: PARK: 44,562.40 3372945 CONTRACT MAINTENANCE: PARK; 44,56240 Total : 89,124.80 19918 4/2/2010 002285 SKINFILL, LINDSEY Expenses EXPENSE REIMBURSEMENT 27.00 Expenses EXPENSE REIMBURSEMENT 205.95 Total : 232.95 19919 4/2/2010 000324 SPOKANE CO WATER DIST#3 MARCH 2010 WATER CHARGES: PARKS 32.95 Total : 32.95 19920 4/2/2010 000406 SPOKANE REGIONAL CVB 2223 CTA RENEWAL FOR ROXANNE WY 10.00 Total: 10.00 Page: 2 vchlist Voucher List Page: 3 04/02/2010 12:44:15PM Spokane Valley Bank code: apbank Voucher Date Vendor Invoice PO# Description/Account Amount 19921 4/2/2010 001083 STANDARD PLBG HEATING CONTROLS 27627 FILTERS: CENTERPLACE 1,834.73 27643 FILTERS: CENTERPLACE 22.83 27699 FEB 2010 MONTHLY MAINT PRECIT 521.83 Total : 2,379.39 19922 4/2/2010 001444 UNITED LABORATORIES 07267 SUPPLIES FOR CENTERPLACE 239.04 07533 SUPPLIES FOR CENTERPLACE 47.80 Total: 286.84 19923 4/2/2010 000140 WALT'S MAILING SERVICE April 2010 POSTAGE FOR MAILER(1301) 1,499.85 April 2010 POSTAGE FOR MAILER(1131) 1,279.50 Total: 2,779.35 19924 4/2/2010 000038 WASTE MANAGEMENT OF SPOKANE 2678766-2681-8 WASTE MGMT: CENTERPLACE 733.35 2678767-2671-6 WASTE MGMT: PRECINCT 285.27 Total : 1,018.62 19925 4/2/2010 002111 WASTE MANAGEMENT OF SPOKANE April 2010 42546 2010 LEASE ON MAINTENANCE FA 4,195.00 Jan, Feb,March 2010 42546 2010 LEASE ON MAINTENANCE FA 12,585.00 Total : 16,780.00 19926 4/2/2010 002279 WSASC 2010 MEMBERSHIP: KAREN CLARK PAR 45.00 Total: 45.00 19927 4/2/2010 001230 WSASC:2010 CONFEREENCE March 2010 CONFERENCE REG: KAREN CLARF 275.00 Total: 275.00 329100019 3/29/2010 002244 AOT PUBLIC SAFETY CORPORATION SPKVLY-03 CRY WOLF CHARGES 4,395.25 Total: 4,395,25 28 Vouchers for bank code: apbank Bank total : 145,956.28 28 Vouchers in this report Total vouchers: 145,956.28 Page: 3 CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: 04 13-10 City Manager Sign-off: Item: Check all that apply: ® consent ❑ old business ❑ new business ❑ public hearing ❑ information ❑ admin. report ❑ pending legislation AGENDA ITEM TITLE : Payroll for Period Ending March 31, 2010: GOVERNING LEGISLATION: PREVIOUS COUNCIL ACTION TAKEN: BACKGROUND: OPTIONS: RECOMMENDED ACTION OR MOTION: BUDGET/FINANCIAL IMPACTS: Budget/Financial impacts: Gross: $ 239,467.62 Benefits: $ 124,389.46 Total payroll $ 363,857.08 STAFF CONTACT: Raba Nimri ATTACHMENTS DRAFT MINUTES City of Spokane Valley City Council Regular Meeting Formal Meeting Format Tuesday, March 9, 2010 Mayor Towey called the meeting to order at 6:00 p.m. and welcomed everyone to the meeting. Attendance: City Staff: Tom Towey, Mayor Mike Jackson,Acting City Manager Gary Schimmels,Deputy Mayor Mike Connelly, City Attorney Rose Dempsey, Councilmember Ken Thompson, Finance Director Bill Gothmann, Councilmember Mike Stone, Parks &Recreation Director Dean Grafos, Councilmember Kathy McClung, Community Development Dir. Brenda Grassel, Councilmember Cary Driskell, Deputy City Attorney Bob McCaslin, Councilmember [left at 7:15 p.m.] Karen Kendall,Associate Planner Marty Palaniuk, Planning Technician Inga Note, Traffic Engineer John Whitehead,Human Resources Manager Chris Bainbridge, City Clerk INVOCATION: Pastor David Johnson,Valley United Methodist Church gave the invocation. PLEDGE OF ALLEGIANCE: Members from Boy Scout Troop 412 led the pledge. ROLL CALL: City Clerk Bainbridge called the roll; all councilmembers were present. APPROVAL OF AGENDA: It was moved by Councilmember Dempsey, seconded and unanimously agreed to approve the amended agenda. INTRODUCTION OF SPECIAL GUESTS AND PRESENTATIONS: n/a COMMITTEE,BOARD,LIAISON SUMMARY REPORTS: Councilmember Gothmann: reported that he attended a Health Department meeting and an upcoming item is proposal of an accreditation method for that Department; attended the Council on Governance meeting; said that the HCDAC(Housing and Community Development Advisory Committee) discussed the HUD grant and will meet later this week concerning grants; attended the HUB open house; and said that he is part of the Governance Committee and they met and have no recommended changes. Councilmember Dempsey: said she also attended the Council of Governance meeting and the HUB open house; attended the Board Meeting for the Clean Air Agency where they continue work on regulations concerning odor s; and attended the joint m eeting y esterday w ith the C ouncil a nd B oard of C ounty Commissioners. Councilmember Grafos: said he also attended yesterday's joint Council/Commissioners meeting. Deputy Mayor Schimmels: stated that he attended yesterday's joint Council/Commissioner meeting; met with M ayor V erner a nd Commissioner R ichard c oncerning s tufting a k ick of f s tudy on r egional government, said several mayors were in attendance and they will put out a study on what is affordable; attended the HUB meeting regarding their financial situation; and attended a three-hour executive session at SRTC(Spokane Regional Transportation Council) regarding some employee issues, and said there was no resolution to the issues. Council Regular Meeting 3-09-2010 Page 1 of 7 Approved by Council: DRAFT Councilmember Grassel: s aid she met with representatives oft he S ports Commission concerning the lodging tax funding in order to get a better perspective of what they do and how they use the funds; and she suggested recipients of those funds report quarterly to the Council on what they are doing to advance tourism in the area. Councilmember McCaslin: said he attended the joint meeting through Councilmember Grafos, and said that Mr. Grafos could speak up for him 99.99%of the time. MAYOR'S REPORT: Mayor Towey said he met with members from GSI (Greater Spokane, Inc.);met with the City's finance committee; attended the NE Mayor's Association meeting; attended the District 8 Fire D istrict a wards; a nd a ttended the joint m eeting y esterday w ith the C ouncil a nd C ounty Commissioners. Mayor Towey then read the March for Meals Proclamation,which was received by Valley Meals on Wheels Executive Director Pam Almeida. PUBLIC COMMENTS: Mayor Towey invited public comments; no comments were offered. 1. CONSENT AGENDA: Consists of items considered routine which are approved as a group. Any member of C ouncil m ay a sk t hat an item be r emoved from t he Consent A genda to be c onsidered separately. a. Approval of the following claim vouchers: VOUCHER LIST DATE W/VOUCHER NUMBERS: TOTAL AMOUNT 02/23/2010 19627-19663 $221,889.69 03/01/2010 19664-19696, &226100020 $1,358,077.06 03/02/2010 19697-19719 $94,403.14 03/02/2010 5001-5005 $300.00 GRAND TOTAL $1,674,669.89 b. Approval of Payroll for Period Ending February 28, 2010: $336,186.06 c. Approval of Minutes of Council Retreat Meeting of February 9, 2010 d. Approval of Minutes of Council Formal Meeting of February 9, 2010 e. Approval of Minutes of Council Study Session Meeting of February 16, 2010 f. Approval of Minutes of Council Formal Meeting of February 23, 2010 g. Approval of Minutes of Council Special Executive Session Meeting of March 2, 2010 h. Approval of Minutes of Joint Council/Planning Commission Meeting of March 2, 2010 It was moved by Councilmember Dempsey, seconded and unanimously agreed to approve the consent agenda. NEW BUSINESS: 2. 1st Reading Proposed Ordinance 10-005 UDC Code Amendment, CTA 08-09— Marty Palaniuk After C ity C lerk B ainbridge read the ordinance title, it w as moved by Councilmember Dempsey and seconded to advance the ordinance to a second reading at the March 23, 2010 council meeting. Planning Technician Palaniuk went through his PowerPoint presentation explaining the proposed amendments, and said that regarding the October 10, 2004 date stated in the ordinance, that date is when the permitting process was put into place; he discussed the proposals to restrict fence heights in the front yard for all zoning districts, and other amendments including the proposed changes for allowable use of barbed wire. Council a sked que stions concerning fence he ights and t he front y ards w ith the s uggestion t hat t he proposal would make the first twenty feet of front yards unusable. C ouncilmember Grassel suggested since di scussions a re f orthcoming c oncerning s uspending z oning i n t he S ARP ( Sprague/Appleway Revitalization Plan), that perhaps this type of zoning should b e tabled until after the S ARP process i s determined, and Councilmember Dempsey not ed t hat m ost of the p roposals for t his amendment are clarifying the language, and she suggested moving the good changes forward instead of stopping everything. Councilmember M cCaslin stated that five members of t his Council ran on the "positive Council Regular Meeting 3-09-2010 Page 2 of 7 Approved by Council: DRAFT change" format and part of that was to get rid of the SARP and that stance was a basis for being elected, and he c autioned w hat this C ouncil do es w ith z one c hanges. M r. P alaniuk mentioned t hat t hese regulations would affect the entire city and not just SARP. Mayor Towey asked if a property owner put up an eight-foot fence six years ago and it was destroyed, could it be replaced exactly as it was, and Mr. Palaniuk responded that yes,provided it be done within twelve months. Councilmember Gothmann said he would like to address the minor corrective changes, and have more information for the second reading on questions concerning fence height in front yards in commercial and industrial zones, and said he would like to hear the perspective of some of the industrial users. Mayor Towey invited public comments; no comments w ere offered. Councilmember McC aslin cal led for the que stion (which i s non-debatable). Councilmembers voted on whether to call the question(stop discussion and vote on the pending motion to advance t he ord inance forward): In Favor: Mayor Towey, Deputy Mayor Schimmels, and Councilmembers Gothmann, Dempsey, Grassel and Grafos. Opposed: Councilmember McCaslin. Abstentions: None. Motion to call the question passed. Vote on t he original motion to advance the ordinance to a second reading: In Favor:Deputy Mayor Schimmels and Councilmembers Gothmann and Dempsey. Opposed:Mayor Towey, and Councilmembers Grassel, McCaslin, and Grafos. Motion fails and the ordinance does not move forward. 3. F irst Reading P roposed Ordinance 10-006 U niform Development C ode A mendment C TA 01 -10 — Karen Kendall After City Clerk Bainbridge read the ordinance title, it was moved by Councilmember Grassel to advance the ordinance to a second reading. Assistant Planner Kendall explained the proposed changes via her PowerPoint presentation, a dding that this is ac itizen-initiated change for a s econdhand s tore t o be allowed in light industrial,with the criteria that the property must have frontage on an arterial, have a minimum building size of 15,000 g ross s quare feet, and be 1 imited t o a single tenant. I n response t o council questions, Ms. Kendall said this minimum would be special for this particular use. It was also noted that if council preferred to significantly change the planning commission recommendations,that the ordinance would need to go back to the Planning Commission again; or that Council could consider this ordinance now and consider reducing the square footage later as a separate action. Mayor Towey invited public comment. Dwight Hume, 9101 N Mountain View Lane, Spokane: said he is the proponent of the amendment and is here on behalf of a cl ient; that the proposed secondhand store is large and it was the suggestion of the property owner to have a minimum of 15,000 s quare feet;that to have such an establishment elsewhere would be cost prohibitive; and he said staff has been very helpful,;that it is not the intent of the tenant to have many users, and said he would like to have the rules suspended for a second reading, and conclude this action tonight; that he is ready to go and is actually moving into the building on the presumption this will be approved. After brief council discussion, Councilmember Grassel withdrew her motion; and it was then moved by Deputy Mayor Schimmels and seconded to suspend the rules and adopt the ordinance. Mayor Towey invited public comment. Mike King, Commercial Realtor, 9300 E. Sprague: said he i s a commercial realtor in Spokane V alley; that t his proposal ha s s ome major flaws; s aid i f t his r everts back t o the P lanning C ommission,the prospective tenant would move on and move elsewhere and do something different because it would be bureaucratic entanglement;the large square footage would be tailor made toward large charities and not toward "Mom and Pop"businesses; and said that would be too big of a building so the "Mom and Pop" would not be able to fall into that c ategory and w ould m ove e lsewhere;h e s aid he proposes this be advanced to a second reading but with a modification of 5,000 or even 3,000 s quare feet; and said that 15,000 s quare feet would b e tailor made t o large charities. C ouncilmember Gothmann a sked i f t he recommendation from Mr. King then is to set the minimum size at either 5,000 or 3,000 square feet so the 'Mom and Pop" stores can take advantage of industrial zoning; and Mr. King Confirmed that,but added that doe sn't mean all industrial zoning encompasses large buildings. Councilmember G rassel s aid the Council Regular Meeting 3-09-2010 Page 3 of 7 Approved by Council: DRAFT square footage is her concern as well, and said she feels Council would like to move this forward now, and come back later for a review of lowering the square footage. Councilmember Gothmann indicated his preference to have two readings,but said he would vote in favor of this motion as that is the motion before hi m. Councilmember Grafos said that he un derstands t hat the V olunteers o f A merica is the proposed t enant;t hat he s poke with their manager B ill Mitchell who t old M r. Grafos t hat t here a re twenty-eight to thirty-two jobs at stake, and he said he feels that is more important than a second reading. Councilmember Dempsey mentioned her concern with the haste of passing this proposal; and said two weeks would not make a difference but would give due process and pe rmit others the opportunity t o comment. M ayor T owey s aid the P lanning C ommission he ld a p ublic he aring on t his m atter,w ith a unanimous vote (five t o zero)i n favor of m oving t his forward. C ouncilmember M cCaslin a sked the Mayor for a roll-call vote. Mayor Towey stated that the motion on the floor is to suspend the rules and vote on the ordinance as presented, with the 15,000 square feet verbiage. City Clerk Bainbridge conducted the roll call vote: Councilmember Gothmann: yes. Councilmember Dempsey: Yes. Councilmember Grafos: yes. Councilmember McCaslin: Yes. Councilmember Grassel: Yes. Deputy Mayor Schimmels: Yes. Mayor Towey: Yes. The motion was passed unanimously. 4. Proposed Resolution 10-006 Declaring Area near Broadway Surplus— Steve Worley It was moved by Deputy Mayor Schimmels and seconded to approve Resolution No. 10-006 for the surplus of the triangular parcel 43B2 adjacent to 16608 E. Broadway. Public Works Director Kersten, standing in for Mr.Worley, explained the situation with the proposal property as per the March 9, 2010 Request for C ouncil A ction form. C ouncilmember M cCaslin r ecused hi mself and e xplained that Mr. McKinley donated $10,000 to his campaign several years ago; Mayor Towey said that he has known Mr. McKinley since they were children, but added he feels there is no conflict of interest; Councilmember Grafos also noted he knows Mr. McKinley. City Attorney Connelly stated that donations lawfully made do not constitute a conflict. Mayor Towey invited public comment; no comments were offered. Vote by Acclamation: In Favor: Unanimous. Opposed:None. Abstentions:None. Motion carried. 5. Motion Consideration: Authorization to Notify Comcast to Suspend PEG Fees and Reimbursement— Cary Driskell It w as moved by Deputy Mayor Schimmels and seconded that we authorize staff to send a letter substantially in the form as Attachment 1, requesting that the PEG fee payment and reimbursement by Comcast be suspended until further notice from the City. Deputy City Attorney D riskell s aid Council recently requested information on suspending the collection and payment to the City of the PEG (public, education and governmental channel) funds that would be collected by Comcast;he said the City awarded a franchise to Comcast last December, and one of the terms was in exchange for the use of the City right- of-way for them to ope rate their business,they would be required to pay to the City certain amount of funds for PEG channels,which would a mount to an e stimated$400,000 to $450,000 for a five y ear period, to be collected monthly from s ubscribers, which c ollection a mounted t o .35¢ a m onth pe r subscriber; and s aid that Council a sked staff to buy m ore time s o that C ouncil could discuss w hat, if anything, Council wanted to do with the PEG funds; and he mentioned some possible uses would be buying equipment and other hard assets to video-tape Council, Planning Commission and other meetings, and s aid t hat this motion would have st aff sen d the letter t o Comcast t o request s uspending implementation of Spokane Valley/Comcast Franchise Section 13.8 concerning Comcast remitting to the City$150,000 a nd charging the subscriber .35¢ a month. Mayor T owey invited public comment; no comments were offered. Discussion included mention by Councilmember Gothmann that Council is not dropping the subject o f whether to televise council meetings,but suspending the i ssue; Deputy Mayor Schimmels sa id he di dn't w ant s ubscribers to pa y t he .35¢ unt it a f irm pl an w as e stablished; Councilmember Dempsey s aid the .35¢ w ould be paid by C omcast subscribers for the privilege of watching televised broadcasts; and those who do not subscribe to Comcast would not pay the fee. Vote by Acclamation:In Favor: Unanimous. Opposed:None. Abstentions:None. Motion carried. Council Regular Meeting 3-09-2010 Page 4 of 7 Approved by Council: DRAFT 5a. Motion Consideration: Bid Award: Broadway/Sullivan PCCP Intersection Project — Neil K ersten (added a genda i tem) It was moved by Councilmember Gothmann and seconded to award the Broadway/Sullivan PCCP Intersection Project to the lowest responsible bidder, Acme Concrete Paving, Inc. in the amount of$627,198.75. Public Works Director Kersten explained that this project is included in the 20 10-2015 s ix-year Transportation I mprovement P lan,which w as p reviously approved; and he explained the project per his March 9, 2010 Request for Council Action form; adding that the bids were very competitive and came in under budget by several hundred thousand dollars; and by awarding this bid tonight, it keeps the project moving forward. Mayor Towey invited public comment; no comments were offered. Vote by Acclamation: In Favor: Unanimous. Opposed: None. Abstentions: None. Motion carried. [Note: Councilmember McCaslin left the meeting due to illness at 7:15 p.m.] PUBLIC COMMENTS: Mayor Towey invited public comments; no comments were offered. ADMINISTRATIVE REPORTS: 6. District Court —Judge Vance Peterson and Court Administrator Virginia Rockwood Judge Peterson expressed his appreciation to come before Council and briefly explain the functions of the District Court; and he introduced Court Administrator Virginia Rockwood,who he explained,manages the court and eight different judges. Judge Peterson discussed the different judges and what they do; said without seeking additional funding,they are working to establish a veterans' court; he mentioned that last year's budget was cut by 20%but thanks to a unique schedule, they have a full staff in Spokane Valley; he mentioned traffic court and traffic and non-traffic infractions; misdemeanors and gross misdemeanors; civil cases including small claims court; and he invited the Mayor and Council to attend the half-day judges' meeting March 26, 1:30 to 5 p.m. here in this Council Chamber. 7. Detention Services Project —Lt Sparber Lt. Mike Sparber and Sheriff Knezovich gave a PowerPoint presentation describing the detention service project; explained about the site process and whether to build horizontally or vertically;that Geiger is slated to close in 2013; discussed phased bonding options; staffing;the essential public siting process;the ten sites being evaluated; and said the top three sites will be presented to the County Commissioners the end of March,with the top site selected early April,with a target of putting phase one on the ballot April 2011. Mayor Towey called for a recess at 8:05 p.m., and reconvened the meeting at 8:15 p.m. 8. Review of Land Use Regulations (SARP, Subarea Plan) —Mike Connelly/Kathy McClung City Attorney Connelly explained that the purpose of this agenda item tonight is in response to Council's request that staff explore the alternatives available to rescind part or all of the Spokane Valley Sprague and A ppleway Subarea Plan(SARP),which be came effective October 15, 20 09,which amended the Comprehensive Plan Map and added Book One of the Subarea Plan to the Comprehensive Plan; along with 0 rdinance 09-021 which amended the Uniform Development Code by adopting B ooks Two and Three ofthe Plan, effective October 15, 2009, a mending the official zoning map, and which changed zone classifications and conditions of development within the defined subarea. Per his March 3, 2010 Memorandum t o M ayor a nd C ouncilmembers,A ttorney C onnelly e xplained t he t raditional comprehensive plan amendment process, identified the process of use of an interim zoning regulation and a m oratorium; s aid that amendments t o t he Development Code m ust not be i nconsistent w ith t he Comprehensive P lan, and e xplained that t here ar e exc eptions to the C omprehensive Plan A nnual Amendment Requirement, although he said it does not appear that any of those alternatives are applicable in this case.Attorney Connelly went over some of the options council has, and said that council could entertain a motion to place t he r epeal or modification of the SARP on the docket for comp pl an amendment consideration for early 2011, said that could be done by council action and does not require any pre-notice or other public participation; said that Council could also immediately place on an agenda Council Regular Meeting 3-09-2010 Page 5 of 7 Approved by Council: DRAFT each of the sections of the SARP and break them into logical sections of study, go through each section so council understands what that section means, and then council can tell staff what they want changed; he said staff would note it for discussion, get a sense of w hat to change, and give council the feedback concerning whether it would be consistent with the comp plan, or if such would not require any change to comp plan; and said that staff could also bring forth all the economic data specific to any single topic, and open d iscussion concerning t he co rridor and eco nomic cha llenges it f aces; a nd could bring a 11 transportation data co llected and any ad ditional studies as t o one or two-way i ssue,or na mowing or changing the street configuration. After reviewing relevant case law and other information provided in the council packet, Mr. Connelly explained that if Council determines to repeal or replace or make significant change to the subarea ordinance,that the safest method would be to immediately put a motion on an agenda to consider this matter for the docket for consideration of a comprehensive plan change for 2011; and then to also put on an agenda in a series over the next few months, each section of Book Two and Three for Council's review and determination if there are things which can be changed immediately and which don't interfere with the comp plan. There was council discussion about the process; whether it might be advisable to form a com mittee of perhaps two council, one staff and four citizens to analyze and break the SARP into sections in order to determine w hat s ections are not c ompatible w ith investments;m ention o f g oing through e ach z one category to determine w hat is or is not allowed; mention oft he public participation process and of hearings by the P lanning C ommission,w ith f urther publ is c omment dur ing Council meetings as appropriate and of the importance of involving the public to participate; mention of the Milwaukee right- of-way as related to this as the comp plan contemplates the extension of Appleway, and that the purchase would likely not have an impact on S ARP discussions,but the use o f the right-of-way could, such as keeping it on a future road plan; mention by Mr. Connelly that an interim ordinance could arguably be supported i f it w ere economic i n n ature,but a m oratorium w ould not fit and er any s cheme and M r. Connelly said he would prefer not moving in a direction which could be challenged, such as a property owner not agreeing with any action, or be ing challenged by the Center for Justice,which could prove expensive. Councilmember Gothmann stated that he feels Council is assuming that SARP is evil; yet he had a conversation with the owner of Quality Inn,who informed Mr. Gothmann that upon looking for a city in which to locate his hotel,the first thing he looks at is the downtown area, and if there are nice buildings, and a stretch of road with some kind of median with vegetation; and if t here i s a set of regulations that show that the community cares about its future; summarizing that there are people who believe that what we have is ideal, said he realizes there is a diversity of opinion, and suggested Council define w hich d irection t o t ake, a nd t o pl an s trategically; and he suggested Council pr oceed a s M r. Connelly suggested. Council concurred. 9. Adult Entertainment— Cary Driskell Deputy C ity A ttorney D riskell e xplained the ba ckground o f t he C ity a dopting t he C ounty's A dult Entertainment Code, and said they have worked to clean up some of the ambiguities and provide code regulations that define what constitutes adult entertainment,keeping in mind that adult retail is a different issue; and he mentioned the case law is in the Clerk's office for Council's review; adding that if th is moves forward,he would like to include as a future item, changing the fee resolution to include a $1,050 appeal fee, which is the same fee as other appeals, and said this is revenue neutral as w e seek only to recover the cost of the appeal. Council agreed to have staff move forward as suggested. It was moved by Deputy Mayor Schimmels, seconded and unanimously agreed to extend the meeting to 9:30 p.m. Council Regular Meeting 3-09-2010 Page 6 of 7 Approved by Council: DRAFT 10. Proposed Amended 2010 Transportation Improvement Plan(TIP)— Steve Worley Public Works Director Kersten said this is a housekeeping item,that the new TIP will be coming up soon; that last year the 2010 plan was adopted and each year staff always comes back to amend the current year as projects shift and change and we get additional grant funding; and he went over the proposed changes as noted on his Request for Council Action form; and said there are sufficient capital project funds to cover these 2010 costs; and the 2010 budget would be amended later to reflect the changes associated with this change. 11. Advance Agenda Councilmember Grafos said he would like to put on next week's agenda or as soon as possible, a motion to repeal the SARP (Sprague/Appleway Revitalization Pan) and to look at the zoning component first. City Attorney Connelly said he will draft a motion to cover that to consider amending the comprehensive plan for 2011; and to consider what can be amended without going back to the Planning Commission. There was no council objection. INFORMATION ONLY: Crosswalks, Response t o P ublic C omments, Response t o P ublic Correspondence, Community Development Monthly Report, and Retreat Brainstorming Follow-up were for information only and were not reported or discussed. It was moved by Deputy Mayor Schimmels, seconded and unanimously agreed to adjourn. The meeting adjourned at 9:05 p.m. ATTEST: Thomas E. Towey, Mayor Christine Bainbridge, City Clerk Council Regular Meeting 3-09-2010 Page 7 of 7 Approved by Council: DRAFT MINUTES City of Spokane Valley City Council Regular Meeting Formal Meeting Format Tuesday, March 23, 2010 Mayor Towey called the meeting to order at 6:00 p.m. and welcomed everyone to the meeting. Attendance: City Staff: Tom Towey, Mayor Mike Jackson,Acting City Manager Gary Schimmels,Deputy Mayor Mike Connelly, City Attorney Rose Dempsey, Councilmember Ken Thompson, Finance Director Bill Gothmann, Councilmember Mike Stone, Parks &Recreation Director Dean Grafos, Councilmember Kathy McClung, Community Development Dir. Brenda Grassel, Councilmember Cary Driskell, Deputy City Attorney Neil Kersten, Public Works Director Absent: Carolbelle Branch, Public Information Officer Bob McCaslin, Councilmember Chris Bainbridge, City Clerk INVOCATION: In the absence of the pastor,Jack Dempsey gave the invocation. PLEDGE OF ALLEGIANCE: Mayor Towey led the Pledge of Allegiance. ROLL CALL: City C lerk Bainbridge c alled the r oll; all c ouncilmembers w ere p resent except Councilmember McCaslin. It was moved by Councilmember Grafos, seconded and unanimously agreed, to excuse Councilmember McCaslin from tonight's meeting. APPROVAL OF AGENDA: It was moved by Councilmember Gothmann, seconded and unanimously agreed to approve the agenda. INTRODUCTION OF SPECIAL GUESTS AND PRESENTATIONS: COMMITTEE,BOARD,LIAISON SUMMARY REPORTS: Councilmember Gothmann: reported that he attended the Housing Community Development Advisory Committee (HCDAC) meeting where they considered an appeal, and he said there have been no further recommendations so the first recommendations will go forward to the Board of County Commissioners; he attended the State of the County address given by Commissioner Richard; explained that the Spokane Regional Health Department held an executive meeting; said that Dr. Larry Jecha of the Franklin Health Department pr ovided interim services for t his a rea for t he 1 ast two years an d said his se rvice w as appreciated and Councilmember Gothmann said he would be traveling to Kennewick in about a month to make a presentation to express such appreciation to Dr. Jecha. Councilmember Gothmann also reported he attended a Chamber of Commerce spe cial breakfast which recognized the outstanding contributions made by t he S pokane V alley Foundation, i ncluding awarding numerous scholarships, and said that Foundation is also working toward starting a community senior volunteer pro gram; and lastly sai d he attended today's jail tour. Councilmember Dempsey: said she attended today's jail tour; attended the County's State of the County address; participated with Parks and Recreation Director Stone's presentation of D iscovery P ark to the Sunrise Rotary club; attended a regional development workshop in Post Falls hosted by members from the University of Idaho and Washington State University satellite offices regarding the protection of the aquifer and development along the I-90 corridor; attended the Clean Air Agency annual retreat yesterday Council Regular Meeting 3-23-2010 Page 1 of 7 Approved by Council: DRAFT where they discussed that it is not a good time to raise any fees and said they hope to continue funding the car emissions test program for low income citizens. Councilmember Grafos: said he attended the STA (Spokane Transit Authority)board meeting and said STA will be forced to reduce their service by about 2%in 2010 and perhaps about 7%for 2011 and 2012 and said they also had a presentation by Planning Director Karl Otterstom on the issue of the Milwaukee right-of-way, a nd said Executive D irector S usan Meyer w as g iven a uthority t o m ove forward a nd negotiate the issue with Spokane County; said he attended the GMA(Growth Management Act) Steering Committee where t hey discussed the time pe riod for up dating c omp pl ans, and that the projected population increase for Spokane Valley over the next twenty years is about 18,700. Councilmember G rassel: s aid she attended the Japanese Citizens luncheon; attended today's jail t our; attended the Regional Sustainability Conference hosted by the University of Idaho and Washington State University c oncerning t he aquifer; and attended a Spokane R iver F orum at C enterPlace w here they discussed such issues as the Shoreline MasterPlan and the TMDL (total maximum daily load). Councilmember Schimmels: said he spent the week in Washington, D.C. visiting with our representatives and senators; attended the SRTC(Spokane Regional Transportation Council) meeting and said they have committed enough funds for the Sprague/Sullivan intersection project. MAYOR'S REPORT: Mayor Towey said he went to Washington, D.C. and met with our delegates and other mayors and discussed common challenges; prior to that trip he attended a Liberty Lake Kiwanis presentation with Mike Stone concerning our Discovery Playground, and he mentioned the May 13 grand opening ceremony; said that yesterday was the kick-off for the 2010 census and Mayor Verner has challenged us to see which municipality can get the highest percentage of returned census, and he urged everyone to return their census, adding that this is the first time Spokane Valley will be counted in a census and that it is important to get the right count as billions of dollars of funding are allocated to cities based on population; and said that he also attended today's jail tour. PUBLIC COMMENTS: Mayor Towey invited public comments; no comments were offered. 1. PUBLIC HEARING: Proposed A mended 20 10 Transportation I mprovement P lan (TIP) — Steve Worley Mayor Towey opened the public hearing at 6:23 p.m. Public Works Director Kersten, standing in for Mr. Worley, explained the proposed changes for the 2010 TIP as per his handout, and said that the Sprague resurfacing project is proposed but not funded, that the Jobs Bill was passed about a week ago but the details of that plan are not yet available, and said he is hopeful we can acquire some of those funds. Mr. Kersten also mentioned the ITS (Intelligent Transportation System) of tying signals together with fiber so that during peak hours,the traffic will flow smoothly without traffic having to stop at every light; and said that the resolution to approve the amended 2010 TIP will come before council April 13. Mayor Towey invited public comment; no comments were offered and Mayor Towey closed the public hearing at 6:30 p.m. 2. CONSENT AGENDA: Consists of items considered routine which are approved as a group. A ny member of C ouncil m ay a sk t hat an item be r emoved from t he Consent A genda to be c onsidered separately. a. Approval of the following claim vouchers: VOUCHER LIST DATE W/VOUCHER NUMBERS: TOTAL AMOUNT 3/04/2010 19721 - 19742 $103,471.78 3/04/2010 19743 — 19766, 301100022 $145,090.84 3/11/2010 19772 - 19788 $15,114.33 3/11/2010 3100-3101, 3111, 19767 - 19771 $278,241.12 GRAND TOTAL $541,918.07 Council Regular Meeting 3-23-2010 Page 2 of 7 Approved by Council: DRAFT b. Approval of Payroll for Period Ending March 15, 2010: $255,642.50 c. Approval of Minutes of Special Joint Meeting with County Commissioners of March 8, 2010 It was moved by Councilmember Gothmann, seconded and unanimously agreed to approve the consent agenda. NEW BUSINESS: 3. First Reading Proposed Ordinance 10-006 Amending Adult Entertainment Regulations— Cary Driskell After C ity C lerk B ainbridge read the ordinance title, it w as moved by Deputy Mayor Schimmels and seconded, to advance the ordinance to a second reading on a future agenda. Deputy C ity Attorney Driskell went over the background of this proposal as per his attached Request for Council Action form, said that adult retail activity is not defined in the new proposed Code because that is primarily a zoning issue and said if these rules are adopted, it would apply to all existing and future adult entertainment facilities. May or Towey i nvited p ublic comment; no comments w ere of fered. M r. Driskell a lso mentioned that should Council wish to review it, the complete legislative record is held in the Clerk's office. Vote by Acclamation: In Favor: Unanimous. Opposed: None. Abstentions: None. Motion carried. 4. Motion Consideration: Place Consideration of the Subarea Plan (SARP) on the Annual Comprehensive Plan Amendment Document—Mike Connelly It was moved by Deputy Mayor Schimmels and seconded to place the revision, amendment or repeal of the SARP on the docket for annual Comprehensive Plan amendments to be considered in 2011. City Attorney Connelly explained that this is one of the actions contemplated in a memorandum he presented a few weeks ago regarding the process to amend or repeal the SARP and said that it complies with state law regarding comprehensive plan amendments. Mayor Towey invited public comment. Mike King, business address 9300 E Sprague: said SARP is a plan for the future for Spokane Valley; that it is a ten,twenty and thirty-year plan, a vision of the future to be made and amended along the way; he said it is not a perfect plan but it is a plan, and since the SARP is a vision, questioned where we would be thirty years from now without a plan. He asked council, what is their plan and vision, and asked if it is to destroy what i s al ready created; he said t he p lan needs to b e a mended no t t hrown out; and again mentioned that he hasn't seen this council's plan. He asked Council not t o destroy w hat hundreds of citizens worked toward, but to continue to amend it now and in the future; and suggested as the Mayor had previously suggested, creating a review committee,and again encouraged council to have a plan. Phillip Rudy, 5647 N Fruithill, Dr. Rudy said he owns a business on Argonne and Broadway;he said the last major developer prior to adoption of the SARP was a lock and storage on East Sprague; and said if SARP was removed and we go back t o the original allowances of w hat t o put i n,that w e w ould b e allowing more lock and storage companies, and said he would hate to see that as the future of Spokane Valley. Dick Behm, 9405 E Sprague: said he is disheartened with what council has done in the last three months; that business owners' plans for remodeling have disappeared; that you can't build and locate on Sprague now;that rents in the area are $8 to $10 a square foot and said that is not vi able; that they've stopped development and stopped progress just for the impression that SARP will go away; he said Council has made embarrassing statements about what they plan to do and it has discouraged people up and down the street; and said that the previously mentioned letters came from developers and real estate people and not from people on Sprague, and were not from those businesses on the street that need council's support and are not getting it. Susan Scott, business 205 S Evergreen: said she favors placing the revision, amendment or repeal of the SARP plan on the 2011 docket for the comprehensive plan amendments; that the S ARP meetings may Council Regular Meeting 3-23-2010 Page 3 of 7 Approved by Council: DRAFT satisfy legal requirements but they failed in revealing the true purpose and details of the plan; said it is a rezone of over 1,000 properties and affected property owners never received substantive notice that their zoning was being changed; said under this plan, tremendous power is shifted to the subjective discretion of the Community Development Director and recourse is available but expensive; said there were errors and omissions in the deliberative process and never any consideration of how many existing businesses and pr operty ow ners w ould be n egatively i mpacted w hen t hose buildings a nd s igns w ere m ade nonconforming; said the plan is a huge attack on private property rights; and said what started out as a simple site for a city hall and city center,has mushroomed into an out of control extreme makeover of six miles of pri vately owned valley corridor;that negotiations for a 1 and purchase for city hall have be en terminated; the success of the city center was pegged on having two civic buildings at its center, and she asked what is the practical point of even keeping this alive, and said there are better,more honest ways to revitalize that respect private property rights and the existing investment on the corridor. There were no other public comments. Attorney Connelly reminded everyone that this motion is to place the m atter on t he a genda and not c hange the c omprehensive pl an or the un iform development code. Councilmember Gothmann distributed copies of his "SARP Comp Plan Issues" paper and explained that it refers to eight letters previously noted by Councilmember Grafos, which Mr. Gothmann said there are only eight letters dealing with the S ARP plan, and of those eight letters all are development regulation issues and said none of those would satisfy the need for a comprehensive plan change;but said regarding a c omp pl an a mendment, he w ould like to a ddress the i ssue of whether A ppleway should be i n the Comprehensive plan. Councilmember Grafos said the only way to deal with the problems of the plan is to go through each parcel and make sure w e are honest with all property owners,and said he would like a map showing all the parcels included in SARP,to list the properties and what entitlements that could be done prior t o 200 7, and t hen a gain with the a doption of S ARP, and t o i nclude not ations of w hen a property is or be came nonconforming, and t o s how the properties prior t o 2 007, and with the S ARP adoption. C ouncilmember D empsey s aid s he do es not s ee t his as a positive s tep for our city;t hat businesses cannot plan and now it will be a year before anyone can start to do anything, whether it is developing or starting a business. Deputy Mayor Schimmels suggested this would give us time to air out these problems;there's a prescribed way on addressing these issues, that time is in our and the public's favor; that the economic situation is probably causing more havoc then anything council could do at this point, and said he would welcome anyone who comes in with a request for a permit; said that we can solve most of those problems; and said he feels this is needed. Councilmember G rassel s aid, and A ttorney C onnelly c onfirmed,t hat ev erything st ays i n pl ace until changed; a nd pe rmits can be a pplied for un der the e xisting pl an and businesses ca n operate ei ther conforming or nonconforming; and Councilmember Dempsey questioned who would come in under these rules when the rules could change. C ouncilmember Grafos said the rules have changed twice: in 2007 and 20 09, and said the problem i s people don't understand what they can do with their properties; and said regarding the list previously mentioned,he said regarding issue of boat sales with the White Elephant Boat S ales Business, that boat s ales w ere pe rmitted prior t o the 2007 z one change. C ouncilmember Gothmann countered that they were permitted within the development regulations which is not a comp plan issue; and Councilmember Grafos said the business was built in 1974, adding that he just wrote the earnest money for that building, and said that the zone in 1974 was B3 which allowed boat sales, RV sales and other sales when that property was inherited from Spokane County in 2004; and he said it did not be come prohibited a ntil2007 w hen the prior council c hanged all the zoning in the city; and then changed i t a gain i n 2009 a nd a gain dow nzoned those pr operties; a nd s uggested again t hat C ouncil examine each parcel affected by the SARP. Councilmember Grassel said her plan for the community is to review the comprehensive plan,the SARP plan, and get real community input, that from the beginning there was not legitimate community input regarding w hat this City's future should look 1 ike; that she talked to business owners along Sprague who told her they had numerous concerns about the direction the city was going, and said she feels that i s evident in that there are four new councilmembers; and said Council Regular Meeting 3-23-2010 Page 4 of 7 Approved by Council: DRAFT unless you are a business owner,you can't feel the frustration and disenchantment with government and the way the process was treated over the last three years; and said she wants the business owners back to the table with a true plan involving the citizens and getting citizen support Vote by acclamation on the motion to place the revision, amendment or repeal of the SARP on the docket for annual Comprehensive Plan amendments to be considered in 2011: In favor: Mayor Towey, Deputy Mayor Schimmels, and Councilmembers Gothmann, Grafos, and Grassel. Opposed: Councilmember Dempsey. Abstentions: None. Motion carried. City Attorney Connelly s aid the next step is the S ARP review,which will continue over the next six months until Council sends it to the Planning Commission for consideration; that the more immediate concern is review of the SARP zoning by reviewing each category one at a time to see if uses allowed or disallowed were or are appropriate a nd to exa mine t he conditions of what would be development appropriate;h e urged council t o read B ook I to see w hat limitations are there now, and r eminded everyone that changes cannot be inconsistent with Book I; he said staff and Council will go through each zone by category and after legal analysis, determine if we can continue the way it is now or if a comp plan change i s n eeded;he sa id staff w ill answer qu estions a bout nonconforming a nd a llowable v ersus nonallowable us es, and i nclude a m ap t o s how w hat i s and what w as a ppropriate; and c an have a summary for council's review of the economic data compiled to date and any new data council wants; and he explained that after a few meetings dealing with those issues,council can then take each zone one at a time and di scuss the specific u ses. Community D evelopment D irector M cClung s aid she w ants to generate i deas on how C ouncil w ants to proceed with the pub lic process and of what kind of pub lic information does Council want staff to put out for each of the zoning districts; and stated that the normal notification process would be newspaper notices,notice on our website, and use of staff's database o f hundreds of e-mail contacts that we have acquired over the last four years. Councilmember Grafos said he wants to see how many and which parcels were/are affected by the SARP, that he understands there are 1300 pa reels, and he s uggests staff notify them by i ndividual letter e xplaining t hat the z oning and property entitlements and rights have be en affected by city action, to include specific 1 anguage i n the letter that we are talking about zoning and property rights, and this first phase would be to give them the information and let them come in and comment; and he suggested having a meeting with property owners and to include a banker, some appraisers to talk about how zoning affects values and how nonconforming use affects value, and have insurance brokers included as well; and to inform the property owner whether their property is currently nonconforming, and what is and is not allowed in that zone. After discussion on the process, Mr. J ackson summarized that the first step would be t o review w ith Council the zoning changes that will not conflict with the comp plan, and said staff will come back with a process on how to review that to make a decision on any comp plan changes needed for next spring; and he asked Council to think about what council wants regarding public input, and which rapid changes or long term changes are desired. Councilmember Grafos suggested that first, staff should identify those changes on a 11 p arcels,t o s tart with one z one pr for t o 2007,t hen compare t hat with after 2007 a nd compare t hat w ith S ARP c hanges; and t o no tify t hose pr operty owners and discuss w ith them, then determine what to do immediately. Mr. Connelly said we can have preliminary meetings for the general issues,then go to specific zones and notify property owners zone by zone to discuss the mentioned issues. Mr. Jackson said staff w ill w ork t o prov ide a sch edule and keep Council up dated on the p rogress. Councilmember Gothmann added that this needs to be market-driven, that Council needs to know what the market is and what's happening and said it is important to get an update on that, as the focus of the original plan was to satisfy what was happening on the market at the time. City Attorney Connelly said the existing economic studies can be provided, and staff will work to put these issues together. PUBLIC COMMENTS: Mayor Towey invited general public comments. Michael Poulin, 14819 E 4th Avenue: said he was concerned with the Sheriff's presentation last meeting concerning a new jail; that he was never asked if he wanted a new jail and speculated if anyone had been Council Regular Meeting 3-23-2010 Page 5 of 7 Approved by Council: DRAFT asked; said that most jurisdictions are emptying jails and prisons as fast as they can,but that somehow we need a new jail just because the Sheriff's office stated it; said the cost to house an inmate is approximately $110 a day;that diversionary programs have proven successful in reducing jail populations but that those programs were cut in favor of programs which inflate jail populations; said he has had a difficult time getting data from the Sheriff's Office on the percentage of prisoners which are nonviolent or victimless crimes, and said it appears the Sheriff's Office just wants to talk about gangs,which talk generates fear which generates impetus for a new jail; and he mentioned an upcoming ballot issue to legalize cannabis, and he reminded everyone that the United States imprisons more than any other nation; and he suggested people have the political courage needed to change the way we deal with those problems. Jean B oyd, 151 S A dams Street: also a dvocated for not ha ving a ne w j ail but for de-criminalizing cannabis and other nonviolent and victimless crimes; said she feels we will see a large number of younger voters at the November election;that a new jail is based on monetary factors and she mentioned that there are over two million people incarcerated in this country, and said this area has an opportunity to be an example of what is possible; that the American people are hurt by mandatory minimums,unfair drug laws and p rohibition i n g eneral a nd s he m entioned the LEAP organization: L aw E nforcement A gainst Prohibition; said we have alternatives and she urged everyone to re-think this issue, stating that she feels the rich and powerful are pushing this agenda forward; that it is an unhealthy environment as fear breads more fear. Mayor Towey called for a recess at 7:25 p.m. and reconvened the meeting at 7:36 p.m. ADMINISTRATIVE REPORTS: 5. Spokane County Comprehensive Solid Waste Plan Update— Suzanne Tresko, Russ Menke Spokane Regional Solid Waste System Director Russ Menke, along with Recycling Coordinator Suzanne Tresko gave an update on the final Spokane County Comprehensive Solid Waste Management Plan for Council's future consideration to adopt via a resolution. Per their PowerPoint presentation,they explained the history ofthe development ofthe system, explained that the waste management plan is required per statute, discussed the plan sections and major recommendations, and the schedule for adopting the plan, and Mr. Menke encouraged Councilmembers to take a tour of the facility. Mr. Menke said the complete plan is available on their website. Discussion included the i dea of e xtending Spokane V alley's and Liberty Lake's agreements which are now scheduled to expire the end of 2011;that interlocals with other cities expire between 2014 and 2016, with mention by Mr. Menke that he is not in favor of that position. Mr. Connelly said staff will continue to discuss this issue with council on the options, and that this will come back as a resolution for council's future consideration, and h explained that further issues must be resolved about waste disposal and whether to partner with the County, and to resolve the interlocal issue before the current i nterlocal expires the end of 2 011. Mr. Menke added that a resolution in terms of adopting the plan will not bind the city as the City of Spokane Valley could always develop its own plan any time. Mayor Towey said he will arrange for a tour and looks forward to seeing the facility. 6. Spokane Regional Transportation Council (SRTC) Draft Interlocal—Neil Kersten/Mike Connelly City Attorney Connelly explained t hat SRTC would 1 ike t o a mend the current interlocal,w hich w as agreed to in 200 3; and e xplained t hat the 1 egal basis for the or ganization and the s pecific proposed changes are discussed in detail in his memorandum attached to this council packet. Mr. Connelly briefly went over those proposed changes, and encouraged Council to let him know of any other desired changes. Mr. Connelly said there are also sections of the interlocal where he seeks clarification, and will send out a letter soon in that regard. Mr. Connelly said the prominent proposed changes where he seeks clarification include classifying Spokane Valley as an "other member" to the agreement (#4 of his memorandum), and the basis for the change in the voting power of the County that requires any amendment be passed by consent of the C ounty and sixty percent of the cities and towns. Council had no objection to Mr. Connelly sending the letter seeking clarification. Council Regular Meeting 3-23-2010 Page 6 of 7 Approved by Council: DRAFT 7. Advance Agenda Councilmember Grafos said he would like to start the process of advertising the city manager position, and acknowledged that a meeting concerning that issue is set for this Friday. Councilmember Grafos also said he would like to add to the agenda to authorize the City Manager to begin negotiation with Spokane County i nvolving the S TA on the pos sible purchase of the Milwaukee right-of-way. C ouncilmember Gothmann said a que stion for Council to consider is the rationale for purchasing that land, although he realizes there are suggestions to use it for traffic relief, or would Council want to purchase it for economic development and does Council want to get into that business,and said that Council needs to determine what the need is, and how much to pay for it; and that the issue needs discussion. City Manager Jackson said that is a good starting point for staff to arrange discussion with the County and STA and find out what they are considering;then come back and report to council; and said he can contact the County and the STA so they are aware of our interest. City Attorney Connelly added that use of this corridor as a transportation corridor is defined by our comp plan now; and any change would require a c omp pl an amendment. Councilmember Grassel also spoke of the Parks and Recreation Masterplan including the Spokane River, and Mr. Jackson said staff will review the Park Master plan and comp plan and see what mention there is of the river and river access. Information Only: Department Monthly Reports, Refreshment Policy, and Taylor Cottages PUD were for information only and were not reported or discussed. Executive Session: It was moved by Deputy Mayor Schimmels, seconded and unanimously agreed to adjourn into Executive Session for approximately thirty minutes to discuss pending litigation, and that no action is anticipated upon return. C ouncil a djourned into executive s ession a t 8:20 p .m. At approximately 8:55 p.m., Mayor Towey declared council out of Executive Session, and it was moved, seconded and unanimously agreed to adjourn. The meeting adjourned at 8:55 p.m. ATTEST: Thomas E. Towey, Mayor Christine Bainbridge, City Clerk Council Regular Meeting 3-23-2010 Page 7 of 7 Approved by Council: DRAFT MINUTES Special Joint Meeting Spokane Valley City Council and Spokane City Mayor and Council Monday, March 30, 2010 2:00 p.m.—4:30 p.m. Spokane Valley City Hall Council Chambers 11707 E. Sprague Avenue, Spokane Valley,WA Attendance: City of Spokane Valley Spokane City Tom Towey, Mayor Mary Verner,Mayor Gary Schimmels,Deputy Mayor Joe Shogan, Council President Rose Dempsey, Councilmember Nancy McLaughlin, Councilwoman Bill Gothmann, Councilmember Richard Rush, Councilman Brenda Grassel Councilmember Jon Snyder, Councilman Dean Grafos, Councilmember Absent: Absent: Bob McCaslin, Councilmember Amber Waldref, Councilwoman Bob Apple, Councilman Steve Corker, Councilman Staff: Spokane City Staff Mike Jackson,Acting City Manager Ted Danek, City Administrator Kathy McClung, Community Development Dir. Russ Menke, Regional Solid Waste Director Neil Kersten, Public Works Director Dorothy Webster, Dir Administrative Services Cary Driskell, Deputy City Attorney Howard Delaney, City Attorney Ken Thompson, Finance Director Gerry Gimmel, Deputy Director Utilities Mike Stone, Parks &Recreation Director Dave Mandyke, Utilities Division Director Steve Worley, Senior Engineer Sheila Collins, Government Relations Director Morgan Koudelka, Sr. Administrative Analyst Lori Kinnear,Assistant to Councilman Rush Rick VanLeuven, Police Chief Karen Corkins, Assistant to Councilman Corker Carolbelle Branch, Public Information officer Todd Bancock, Legislative Analyst Chris Bainbridge, City Clerk Mayor Towey called the meeting t o o rder and welcomed everyone t o t he m eeting. After s elf- introductions,M ayor Towey i nvited Spokane City C ouncil P resident Shogan t o s tart d iscussions concerning animal control. 1. Animal Control Mr. Shogan e xplained t hat last n ight their c ouncil approved t heir participation in the formation of a regional animal welfare advisory committee, and he stressed "regional"and "advisory" and said he is hopeful that as a r egion, items of interest to address could include the welfare of animals rather than issues which are a ssociated w ith e ither S pokAnimal or S CRAPS; and he e xplained that after Mayor Verner s igns the resolution,he will forward the request to Commissioner Mielke to ask them to take action, and if approved, Mr. Shogan said he will forward the draft resolution to us and to Liberty Lake for examination;he said t his document e xplains the foundation of the committee, but th ere w ere s light changes made last night to refer to "entity" rather than just"city" so that all cities and towns would be Joint w/Spokane City Minutes 03-30-2010 Page 1 of 6 Approved by Council: DRAFT included. There was some mention of a previous committee which was formed in 2000 and disbanded in 2002, and M r. S hogan s aid t hat committee w as m ore focused on complaints; and said this proposed committee is on a m uch larger sc ale. E nforcement w as a lso m entioned, and Mr . S hogan said t his committee would be strictly advisory, and each entity would be responsible for their own jurisdiction;but if everyone agreed, the committee could recommend specific ordinances on how to handles issues from beavers and snakes, to coyotes and dogfights. M r. Shogan s aid if the C ounty C ommissioners do not approve this,that perhaps Spokane City and Spokane Valley could collaborate. 2. Solid Waste System Mayor Verner i ntroduced Regional S olid Waste D irector R uss Menke, and s aid t hat the Advisory Committee and Liaison Board have been meeting together; she mentioned that the bonds to construct the facility will be paid off in 2011, and the contract for selling is up for renewal soon;that this structure has been in place for decision making since the facility was in existence;that other elected officials have discussed a new governance approach, and the timing is good to do that now; and she explained that they hope to get feedback regarding what Spokane Valley feels is important for a new governance structure. She said the Liaison Board advises regarding the waste-to-energy facility, and the Solid Waste Advisory Committee (SWAC) develops the solid waste management plan for the county and presents that plan to the County and the City of Spokane for adoption and ratification; she said they are two different boards with different responsibilities, even though they have started meeting together to share information; and said she is hopeful this will lead to fruitful conversation to use these as a transition into something new. Mayor Verner asked things for Spokane Valley to consider include what role i s important to Spokane Valley in representing our c itizens, what de cisions are important to e ngage i n,keeping i n m ind t hey (Spokane City) will be involved in the day-to-day management of the system,but to consider what are those important points; for example,would Spokane Valley want to be included in the setting of rates. Mr. Menke explained that they recently standardized their facilities' operation hours to make it consistent and less confusing, and to help eliminate some of the traffic congestion during the peak hours, and said those new hours begin April 1 with the facilities open seven days a week, from 7 a.m. to 5 p.m.; and he brought attention to the draft resolution which would adopt the plan; adding that a recommendation is to have a sub-committee of the liaison board to examine pros and cons of different organizational structures, and that the next committee meeting will include discussion concerning establishing such committee. Mr. Menke said that the key issue is the requirement for making some type of different government structure, keeping in mind the tax and legal implications, and said their City Attorney's office has been working on this. Councilman Rush said at the last meeting of the two committees, the liaison board chair and the SWAC chair were going to get together to determine how to proceed together, and expressed his surprise now about the idea of a sub-committee; said he feels this would be "re-inventing the wheel"and said he is concerned if this discussion is taken to just the liaison board,the SWAC will feel excluded and not feel appreciated for all their past work. Mayor Verner said it is time to decide what are the important features, and time to get to the process of elimination, and s aid it would be helpful i f the electeds could start to provide ideas on what must be included;then documents can be drafted for legal review; she further said that if we are going to access a utility tax,there must be a formula for distributing revenue; and said it would be important to have a legal mechanism to c ollect and disburse the tax money to the jurisdictions, or t o access franchise fees for collection and disposal within the other jurisdictions; she asked if this Council would want a role in the decision for setting rates, and she said that there is a need to start circulating documents for review and discussion, and to start to put items on agendas for decision points; adding that the elected officials need to determine what to include in the agreements. Deputy Mayor Schimmels said he feels there is a need to address that in-house for another step or two;that most on bo and agree with the preconceived idea on which way to go; and said that one size doesn't fit all;that Spokane City has the bigger issue; and said he feels we could get to a head reasonably quick as far as the two boards are concerned, and that the SWAC Joint w/Spokane City Minutes 03-30-2010 Page 2 of 6 Approved by Council: DRAFT and the liaison board have decided to move forward. Councilwoman McLaughlin suggested it would be good to have someone give background on what some of the struggles and issues have been in the past, and w by s ome w ant c hange, a nd i n g eneral,w hat has br ought us up t o t his poi nt. Councilmember Gothmann said he feels Spokane Valley is one stage removed from where Spokane City is as they are running the pl ant; s o Spokane V alley backs off from running the plant, and is now being asked to be involved;but s aid he needs t o be current on the issues, so it would b e helpful t o have all the issues identified. Councilwoman McLaughlin responded by a sking Spokane V alley council to consider how much control do they want over an asset that belongs to the City of Spokane;what would that look like, are there "sticking points"and to consider how can we move forward on this as the bonds will be paid for soon; and she asked how important it is for all jurisdictions to have input. Mr. Menke said that we are near the end of the time for recommendations;that the liaison board will establish a sub-committee;and the object is to discuss and research options for future regional solid waste management structures. Councilman Russ said that while some feel it appropriate to have a plan that recommends the sub-committee do this, others argue that the liaison board's function is strictly to advise on the waste-to-energy plant and not on regional governance, as that would be the function of the SWAC; and he said he feels it will be problematic for the liaison board to take on t hat task;that it was a large effort to bring these two boards together so there would be no contest of who does what or who is in charge. Mayor Verner explained that this is a recommendation and there is no mandate; that having the two boards meet together is productive;that it is not mandatory to engage in this discussion,but she said it is he r de sire t o i nclude S pokane V alley participation on how t o g overn i n the future; and has no problem if Spokane Valley feels it is fine the way it is;that she wants satisfied participants in the system; and s uggested ha ving a nother b riefing from Russ Menke i n the future or from members of the two committees. Mr. Menke said there is a timeline of when certain decisions have to be made in order to accomplish certain aspects of this project; and concerning the governance structure, he said he feels the chair of the SWAC would be most qualified to give such an update. Councilmember Gothmann said he prefers to continue with a regional system as he feels that would be most beneficial to citizens; and to build on what Spokane City has done; and perhaps extend our contract for another one and one-half years so i t falls i n 1 ine w ith the of her e xpirations,t hereby giving more time t o further study t his i ssue. Councilman Russ said he is not sure if it is possible to lay them all out together; and it was mentioned that the Board of County Commissioners is the regional governing body and the interlocal is in place; and the reason Spokane City is involved is because twenty years ago when the regional landfills were threatening the aquifer, the C ounty di dn't have bond ing c apacity but S pokane C ity di d, so the C ity of S pokane therefore inherited the role they are in now. There was discussion c oncerning the best m ethod t o us e to g ather and report on t he information and issues involved, and t here w as c onsensus t o arrange a b riefing for both c ity c ouncils and the C ounty Commissioners, so that a 11 he ar t he sam e i nformation at the s ame time,pe rhaps in a C ouncil o f Governance meeting, and to include a representative from the SWAC, the Liaison Board, legal council, Mr. Menke, and any of hers; and Mayor Verner suggested having such meeting within the next three weeks, and to have Mr. Menke as the point of contact. Mayor Towey added that Spokane Valley needs to determine priorities and a level of involvement. 3. Regional Jail Council President Shogan said that Director of Administrative Services Dorothy Webster is here today and that she has been working on the jail concepts; and said that Spokane City has not taken an official position on this issue and it is still in the site selection phase. Ms.Webster gave a briefing on the topic; that those involved still work to select a site and a building type, either horizontal or vertical;that they are researching t he n umber o f be ds n eeded while r esearching for a lternatives t o i ncarceration such as electronic home monitoring, counseling,work programs, work crew,work release, etc., and said they are examining the recidivism rates to assess how to address the problem of what causes people to engage in Joint w/Spokane City Minutes 03-30-2010 Page 3 of 6 Approved by Council: DRAFT criminal activity and what causes them to re-offend or not; she said they are working with the Sheriff's Office on the conceptual model and issues in general. Councilman Russ voiced the idea of buying more time and holding onto Geiger to avoid this tremendous expense, or to see if there are ways to fit the prison population within the facility we have. Council President Shogan said they have been informed by the Airport Board that when the Geiger lease expires, it expires, and that perhaps more time could be granted if another solution were found; but said the problem is that the Airport Board has voiced that the use of Geiger is not the type of productive use mandated for the benefit of County and City; and while there could be some flexibility in the deadline,ultimately the us e of the p roperty for the prison w ill be terminated. Ms. Webster exp lained that t hey are looking at different models;th at although the jail population is decreasing, they w ere told to look at all op tions; so they are examining a regional, all-encompassing facility, and the costs of housing a felon versus someone who failed to appear for a traffic ticket; and she said that it has been made clear in choosing a site,that the Downtown Spokane Partnership doesn't want another tower at that site. Councilwoman McLaughlin suggested a future regional-wide marketing program to encourage a type of parent-to-parent forum to a ssist parents with family situations, and to encourage parents to spend more time together as a family, and she asked what can elected officials do to encourage family responsibility. President Shogan said there are several programs available including the Children's Investment F und, and dropout prevention, early childhood education, e tc, and a greed t hat education i s the k ey t o r educing c rime and incarceration. C ouncilwoman McLaughlin suggested that perhaps this could be included in a brainstorming session in the future. Further discussion included mention that Spokane County has lost several personnel which means people cannot be processed into the system as fast as they perhaps once were;the need to combine revenue sources for diversion programs; that a tax could mean money saved in the long run in keeping prison populations down; and mention by Mayor Verner that their municipal court system has been great success in reducing the jail population and said they implemented a number of improvements in forming their municipal court such as the use of work crews and electronic home monitoring; she said failures-to-appear were a huge problem resulting in re-arrests; and that the goal is to timely file charges and in general have a system working to improve people's lives and get them back into the community. Mayor Towey called for a break at 3:30 p.m. and reconvened the meeting at 3:45 p.m. 4. Transportation Benefit District(TBD) President Shogan said he would defer beginning discussion of this topic to Mayor Verner as she met and has been working with other regional leaders in the "big tent"concept of transportation planning. Mayor Verner explained that she heard the presentation at the regional Council on G overnance meeting where they focused on trying to find regional transportation funding solutions; she said when the summit met in 2006 they started thinking about what might be acceptable transportation funding as the systems need repair and said there is no plan for maintaining roads once they are fixed; she said there is no popular mechanism to raise funds to pay for transportation;that they have examined street utility tax, gasoline tax, and sales tax, and said the TBD is the regional approach; she said the group which met called itself the —'Big Tent"and since there have been "pup tent"meetings. Mayor Verner said several committees were formed and she participated on a committee to examine the TBD option, while others took the lead on other options. She explained that her committee investigated the TBD options and determined a TBD can be formed by a Board of County Commissioners, or by cities if the County chooses not to form such; she said the TBD has geographic boundaries like here in Spokane County or our city boundaries; and has certain authority to collect revenue and to only spend that revenue on transportation projects. Mayor Verner said the "pup tent" committee recommended forming a TBD countywide and not jurisdiction by jurisdiction;that jurisdictions would end up spending more in overhead if they do it alone. Mayor Verner said the committee realizes this w ill not solve all the funding problems,butt his appears t o be a fair system and i s one of a number of 1 egal revenue options; others be ing c ollecting a gas tax, sales tax, Joint w/Spokane City Minutes 03-30-2010 Page 4 of 6 Approved by Council: DRAFT property tax; or a vehicle tab fee, with some vehicles such as government vehicles being exempt. Mayor Verner explained the recommended distribution method is to take 30% out of the total to go to projects of regional significance for capital costs, such as the Havana Bridge project or a dangerous intersection on the Pullman Highway; and that 70%would be distributed to the local jurisdictions to use for maintenance and operation of their transportation systems. Regarding trying to determine a system to allocate funding among the entities, Mayor Verner explained that property valuation would not be fair as Liberty Lake has higher property values;nor would it be equitable to fund according to population percentages, as Spokane City has the 1 argest;the number of road miles would also not be equitable so the recommendation was for a two-part formula: population and number of vehicle miles traveled,which can be calculated by Spokane Regional Transportation Council. Mayor Verner said that the use of vehicle miles traveled is preferable to number of road mile as vehicles pass through various cities. Mayor Verner explained that a proposed license tab of more than$20 would require voter approval; or the option is available to take any tab fee to the voters; and she explained that the responsibility for m anaging t he TBD c an be f illed by e ither t he S RTC (Spokane R egional Transportation Council) or the Board of County Commissioners; and she brought everyone's attention to the draft interlocal agreement for establishment of a countywide TBD. President S hogan said that he previously participated in the SRTC, and about two years ago Senator Man proposed if they got enough support, they could plan on about $200 million every two years,and that $200 million could be funded piece by piece; and while that sounds like a large sum,those on the west side of Washington are needing $2 billion for bridges and other projects;he said now state funding is likely a dead issue, and with the increase of fuel efficient vehicles, the return on gas tax will be down unless it is raised by the state; he said if the North/South Freeway doesn't get enough funding, he's not sure how it will be completed, and said perhaps this is a indication for us to control our own destinies;he said the street utility tax hasn't made it yet and meantime our streets are in disrepair; revenues have decreased by about $1.5 million for repair; and said the TBDis a good tool but if not done regionally, it would be difficult as citizens are skittish and levies keep coming up on the ballot for voter consideration. Mr. Shogan said his position is if we can do the $20 tab fee,then we should do it and take advantage of this tool. Mayor Towey said the B oard o f C ounty C ommissioners equated the n eeded $20 m illion w ith a $45 vehicle tab,which would of course,have to go to the ballot;while a$20 vehicle tab would likely generate $9 million, s o t hat lower tab fee would have to be combined with something else,perhaps a s ales or property tax; adding that it would be difficult for such ballot measure to pass. President Shogan suggested getting what we can and building from there and said that the $20 lays the groundwork for asking for more later; he said if we don't do what we can,will just continue to limp along,waiting for the ideal time to place this on the ballot for a vote with no assurance that would ever pass; and he said doing nothing is maybe always wrong; adding that the County likely won't do it without backing from the majority of the cities, and again suggested this needs to be done regionally. Mayor Verner added that the first decision is whether to form the di strict;that if the Board of County Commissioners forms the di strict, and if they want the SRTC as the governing board,per the interlocal,that entity would decide which funding stream to us e,w hether ba llot o r c ouncilmanic bond. Councilwoman McLaughlin said if w e ag ree t o this interlocal,we would give up the ability to say yes or no to the $20 tab fee and said she would not feel comfortable giving that up; and said if people may feel comfortable and agree with the purpose, so if it were marketed correctly so the voters knew exactly what they would gain,that perhaps that would be the best strategy. There was discussion concerning any fee without a ballot vote, the idea of toll roads, how far would$20 million stretch, what specific projects could be funded, that the local approach would be more 1 ikely t o a ccomplish w hat i s ne eded rather than the i ndividual approach, and that any funding assistance would help with the shortfalls in the road maintenance funds. President Shogan said this matter can be taken to the voters now, but he feels it will not pass;but if we explain the precise need and say for example,we need"x"amount of money for a certain project, or show Joint w/Spokane City Minutes 03-30-2010 Page 5 of 6 Approved by Council: DRAFT precisely what c an be a ccomplished with a $20 tab fee,i t might be better received. C ouncilmember Gothmann said he was concerned with having another taxing authority. President Shogan expressed appreciation for the opportunity to meet as did Mayor Towey,who thanked everyone for coming and stated that more information always makes for better decisions. Mr. Shogan suggested the two councils meet e very three o r four months, and the next meeting w ill be hos ted by Spokane City. 5. Other Topics of Mutual Interest: n/a There being no further business,the meeting adjourned at 4:31 p.m. ATTEST: Thomas E. Towey, Mayor Christine Bainbridge, City Clerk Joint w/Spokane City Minutes 03-30-2010 Page 6 of 6 Approved by Council: DRAFT MINUTES SPOKANE VALLEY CITY COUNCIL REGULAR MEETING STUDY SESSION FORMAT Spokane Valley City Hall Council Chambers Spokane Valley,Washington March 30, 2010 6:00 p.m. Attendance: Councilmembers Staff Tom Towey, Mayor Mike Jackson,Acting City Manager Gary Schimmels, Deputy Mayor Cary Driskell, Deputy City Attorney Bill Gothmann, Councilmember Kathy McClung, Community Development Dir. Dean Grafos, Councilmember Christina Janssen,Assistant Planner Brenda Grassel, Councilmember Mike Basinger, Senior Planner Rose Dempsey, Councilmember Steve Worley, Senior Engineer Greg McCormick, Planning Manager Mary May,Engineering Technician Absent: Patty Bischoff,Administrative Assistant Bob McCaslin, Councilmember Mike Stone, Parks &Recreation Director Rick VanLeuven, Police Chief Carolbelle Branch, Public Information Officer Chris Bainbridge, City Clerk Mayor Towey called the meeting to order at 6 p.m. and welcomed everyone to the meeting. 1. International Trade Alliance (ITA) End of 2009 Report—Mark Peters, Executive Director ITA Executive Director Mark Peters gave a general overview of ITA, followed by his PowerPoint presentation explaining their mission and purpose, he discussed some of the activities including consulting and trade leadership advocacy, and mentioned their partners at the federal, state and local level. Mr. Peters also briefly explained the performance measures of export sales, organization revenue, client satisfaction, and trade leadership, and said that according to the U.S. Department of Commerce statistics, Washington exports were down 20%through the third quarter of 2009, and that we can expect at least a 15%drop overall for 2009. 2. Energy Efficient Block Grant Update—Mary May Engineering Technician May explained that in 2009, the City was awarded a grant of$823,400 as part of the Energy Efficiency and Conservation Block Grant Program; she explained that the funds must be used for energy conservation planning and projects that result in energy savings, adding that the grant requires no matching funds, and that the programs must be completed within thirty-six months; and said one of the requirements of the grant is giving quarterly updates; and she went over the projects summary and status as noted in her accompanying materials. The question arose concerning LED (light-emitting diode) signals, since that dealt with one of the projects funded by the grant, in that LEDs emit light but not heat and whether snow accumulation would be a problem; and staff said we normally do not have the type of weather to cause a concern in that regard. 3. Annual Comprehensive Plan Proposed Amendments—Christina Janssen, Mike Basinger Senior Planner Basinger explained that he, Planning Manager Greg McCormick, and Assistant Planner Christina Janssen comprise this year's planning team, and that the purpose of the team is to facilitate the workload and provide cross-training for other planning staff, and said they have a planning team each year, sometime it rotates, and said it is valuable to cross train so staff understands the planning process, Council Meeting Minutes:3-30-2010 Page 1 of 8 Approved by Council: DRAFT and to get different perspectives. Mr. Basinger explained that the Comprehensive Plan lays out a vision for the future of Spokane Valley during a twenty-year period, and responds to the requirements of the Growth Management Act (GMA), adding that the plan must be consistent with the community's vision, Council's policy direction, and internal plans such as the Transportation Improvement Plan (TIP);that the Planning Commission held a public hearing on these proposals February 25, 2010, and the ordinance first reading and second reading is scheduled for April 13 and April 27 respectively. Mr. Basinger explained that of the three proposals, one (CPA 01-10) is privately initiated, and two (CPA 02-10 and 03-10) are City-initiated. Mr. Basinger said that should council wish to schedule a site visit of the proposed areas,to let him know and that would be arranged. Assistant Planner Janssen went over the 2010 site specific map amendments which correspond with the proposals, and showed photos of the surrounding businesses and areas for each of the three proposals, and explained the following Planning Commission Recommendations: CPA 01-10 from Low Density Residential to Neighborhood Commercial; CPA 02-10 from Park/Open Space to Heavy Industrial; and CPA 03-10 from Community Commercial to Heavy Industrial. Councilmember Gothmann asked about the park parcel of land (CPA 01-10) and Mr. Basinger said he will let Parks and Recreation Director Stone know when they are approached by a developer, and said that Mr. Stone has been examining funding options but has not found a way to purchase the property and it is his understanding that the owner is inclined to sell. Mr. Basinger noted that CPA 02-10 and 03- 10 are to correct a mapping error; that for 02-10 the comp plan designation was changed to parks and open space, but heavy industrial is more in line with what that property would be used for; and for CPA 03-10, that is property owned by Crown West Realty located in the Industrial Park; that the property was already built out and used in the industrial capacity, and said the business owner has been involved with this issue and desired the change. Mr. Basinger explained the proposed text amendments and said they are minor updates and supplement existing goals with policies for economic development, connectivity, and to promote efficient practices such as conservation. Councilmember Grassel questioned the purpose of the text amendments and suggested striking whatever doesn't deal with zoning; Councilmember Dempsey said she felt the changes are broad in nature, not mandatory, but more encouraging, and Mayor Towey said he recognizes that the language is generic, but said he feels government should not dictate concerning a "living wage" as noted in Chapter 7; and Mr. Basinger concurred that the policy says we would promote that opportunity and find value in that, and that it is guidance and not mandatory. The question of street operating levels was discussed and Mr.Worley explained how streets are classified. Mayor Towey called for a recess at 7:35 p.m. and reconvened the meeting at 7:44 p.m. 4. Airway Heights Interlocal, Plan Review Services—Mike Jackson City Manager Jackson explained that he, Spokane Valley Building Official McGee and Airway Heights City Manager Albert Tripp met at Mr. Tripp's request, to see if Spokane Valley would be interested in helping Airway Heights by handing some plan reviews in an effort to supplement their current services. Mr. Jackson explained that Airway Heights processes approximately 40 residential reviews annually and only four or five commercial applications, compared with our 380 commercial applications and 458 residential applications. Mr. Jackson said such review should not negatively impact our Building Division's ability to timely respond to our own citizens. Mr. Jackson said he just learned that Airway Heights and Spokane Valley use different evaluation schedules with Spokane Valley's rates about 13% higher, and said that Mr. Tripp hopes to keep the costs down;that Airway Heights would perform a lot of up-front work, then deliver the set of plans to us for review, and said there is some room for cost adjustment consideration. Councilmember Grafos asked staff to compare these costs with the City of Spokane fees; Councilmember Dempsey indicated her willingness to leave the fees as stated in the interest of being a good neighbor; Councilmember Grassel asked why Airway Heights contacted us rather than Spokane County, and Mr. Jackson said he would ask. There was Council consensus to bring this interlocal back for a motion consideration. Council Meeting Minutes:3-30-2010 Page 2 of 8 Approved by Council: DRAFT 5. Barker Bridge Update—Steve Worley Senior Engineer Worley went over the history of the Barker Bridge project, from prior to this City's incorporation in January 2000 when Spokane County proposed replacement of the bridge at an estimated cost of $8.1 million (which project was not funded), to the bridge rated as "structurally deficient" in August 2001, the project was resubmitted October 2003 and was 100% federally funded up to $8.1 million;to awarding the contract to CH2M Hill,to acquiring certain right-of-way, bidding out the project with eventual award to Morgen & Oswood, to closing the bridge in July 2008 with demolition starting August 2008 and bridge work beginning November 2008, to complete demolition of the old bridge and eventual shut-down for winter and the delay of pouring the deck until warmer temperatures arrive; to ending the shutdown March 15, 2010 to the estimated bridge opening late June 2010; adding that the project was funded by a federal grant up to $9.985 million, with costs in excess of that amount being funded by the City. 6. Law Enforcement Contract—Mike Jackson City Manager Jackson said that staff has had numerous meetings and negotiations with Spokane County to renew the law enforcement contract originally authorized by council March 6, 2003, and effective June 1, 2003; and said he will have a draft contract for this Council's consideration at an upcoming meeting. Mr. Jackson explained that most discussions centered on the County-wide cost allocation plan and the new proposed law enforcement allocation plan and that the actual contract discussions have just begun. Mr. Jackson said that he would like Council's suggestions on items Council feels are important to address as staff moves further into negotiations. Mr. Jackson said some key elements staff identified for discussion include performance measures, length of contract, cost control and service level, and community identity, and said he welcomes additions to those items. Further, Mr. Jackson explained that over the last few years, staff implemented performance measures for all departments and explained that this is a good way to measure effectiveness and performance for all departments, not just in connection with the law enforcement contract. Mr. Jackson said he will work with the Sheriff's Office and Police Chief for continued input on such issues as recommended response times,number of officers assigned per shift, and turn-around time for reports available to the public. He also mentioned citizen satisfaction is important and a survey is normally conducted during odd years; adding that in the last survey taken in 2009, the Police Department scored very high on such things as how safe citizens feel. Mr. Jackson said the survey was scientifically valid and at least 400 responses were received. Mr. Jackson asked for Council input regarding including performance measures in the contract. Mayor Towey said some measures are good when discussing a contract, but said he is not sure if the number of officers per shift is necessary and said he doesn't think that is a performance measure in itself; and said the Sheriff or the Chief would have the discretion concerning officers per shift; and said that performance measures are the end result of the citizens receiving services, rather than us dictating how many officers should be on any shift; and suggested staying with performance measures that have an effect and that can be measured by our citizens. Councilmember Gothmann said he spoke with the Deputy City Manager at Shoreline concerning performance measures, and said she had done an outstanding job in identifying performance measures, and that those are listed in their budget; he explained that according to the Shoreline Deputy City Manager, there are two types of performance measures: some are looking from the outside in, and others looking from the inside in; and the ones from the outside in are what we are talking about, such as response times to various types of crimes. Mr. Jackson said he will work with the Sheriff and Chief to have meaningful measures; and said it appears Council likes the idea of the survey, and the questions can be drafted and continue to have on-going external input. Councilmember Grassel asked regarding the survey taken in the past, if it is random people or people who have had police contact. Mr. Jackson replied that that was a telephone survey with city telephone numbers selected at random. Mr. Jackson said future individual customer response can be obtained, which could help guide the operations, but would not be considered statistically valid, as Council Meeting Minutes:3-30-2010 Page 3 of 8 Approved by Council: DRAFT opposed to having at least 400 people to get a confidence interval of approximately 98%; and said comment cards or other types of feedback could be useful. Councilmember Grassel said if you wanted more valid and better community feedback, asking people who have never had any contact would be different from asking people who have had contact. Councilmember Gothmann said the previous survey asked a question whether the respondent had police contact, and if yes, there was a follow up question concerning that feedback. Regarding the past survey, Mr. Jackson said one question was "during the past 12 months, were you or anyone in your household a victim of any crime" and the response was 88%no, and 12%yes; and added that staff can build this type of citizen response into the contract. As an aside, Mr. Jackson said effective April 1, the precinct commander position has been filled and Police Chief VanLeuven will introduce that officer at an upcoming council meeting. Length of contract was discussed, with suggestions to remain with the current method of annual renewals and twelve month's advance notice for cancellation, to a minimum of three years, or a minimum of five years, or some combination such as a minimum of five years then annually. Mayor Towey said circumstances change from year to year, but if the contract is lengthened,the entity contracted with has a solid ground for service; and those issues should be weighed: to guarantee a specific number of years, or if there is a concern with annual changes. Councilmember Grafos said he feels it should be at least three years, which will enable progress to be made on some capital projects. Councilmember Dempsey agreed a minimum of three years is a good foundation. Councilmember Grassel concurred with the three years, but said she would want to have some options or thresholds concerning for example cost, if the threshold for cost were exceeded Council would have the option to re-address the contract to prevent the contract from skyrocketing out of control. Councilmember Gothmann said he favors a five-year contract as it provide solid stability for our officers; and he asked about adding language that the contract will continue indefinitely until either party wishes to terminate. Mr. Jackson said he feels the contract could go beyond the five years,but that this discussion focuses on the minimum; and said a contract could be renewed after a certain minimum number of years. Councilmember Dempsey said three years was her minimum recommendation, and said five years would be fine as well. Mr. Jackson said all the comments gives him direction and that it is obvious we are looking beyond a one-year contract. Cost control and service level were also addressed and Mr. Jackson said those items go "hand-in-hand"as the major expense in the law enforcement contract is personnel; and he said when the precinct commander was just hired, one of the items talked about was that we might look for savings in the contract to balance that hire; he said he isn't looking for specific changes, but more generally to give us the ability to make changes over time; he said we are fortunate to have reserves; but that if the economy does not improve, we are starting to consider how we might budget in the future to ensure fiscal sustainability; and he mentioned that due to Spokane County's budget constraints, they had to cut about nineteen officers during the course of our contract; and mentioned that the City of Spokane cut about ten officers, but that Spokane Valley not only had no cut in officers but added a precinct commander. Mr. Jackson mentioned the importance of controlling costs over time and to build such mechanisms into the contract, and of the difficulty in balancing our resources with the County's unincorporated resources; adding that support costs and indirect costs are substantial with the law enforcement contract; and said if that ratio changes and Spokane County lays off officers, we pick up an ever increasing larger portion of the indirect and support costs; and by having more officers on the street, we might use more services as more criminals could be arrested; and said as we negotiate the contract, we might find a need to maintain a consistent cost with the current service level; and he explained that if the cost goes up to provide the same service we currently offer, that might be something to consider. Mr. Jackson said they are looking for the ability to control costs over time; and to able to adjust the level of service. Mr. Jackson said that subtracting the annual carryover out of the general fund, which is shown as a carryover and not intended to be spent,that about 41%of our general fund expenditures is law enforcement, and all public safety and criminal justice, including the courts and criminal justice amounts to over 60% of our general fund, and said that in examining ways to control our budget, it is difficult to control without looking at law Council Meeting Minutes:3-30-2010 Page 4 of 8 Approved by Council: DRAFT enforcement; and he asked for Council feedback about staff building cost control and the ability_ to control the service level into the contract. Mayor Towey suggested that as the contract is extended out, it is almost mandatory to have some verbiage addressing the ability to make adjustments and said the further out we go the more imperative to make those provisions to adjust cost. Councilmember Grafos said we want to control the service level, and if we agree on a service level, the Sheriff could come back annually or at other intervals to give us enough time to react and decide what to do and what we can afford to do to maintain that level of service; and any discussion in that regard could be held with all parties. Councilmember Gothmann questioned how to define "service level" and Councilmember Grafos responded that he did not know, but said he didn't think we want to "micromanage" the department for the sheriff, but that the results of the survey would basically tell us what the service level was, whether crime increased or citizen contact increased; that would be an indicator; and said we are looking for a reasonable result and the last thing we want to do is cut crime prevention. Councilmember Gothmann said we could specify by setting a percentage of the general fund for law enforcement; or base it on the need for a specific number of officers like the present contract; and said that he feels that costs were rising annually at an unsustainable level. Mr. Jackson agreed and said the same is true of many government services, that costs escalate faster than revenues; and said he feels it is critical that we control costs and suggested adding the ability to have contract language that provides communication and advance notice of what's happening with the County and the Sheriff's Office in the unincorporated area, and said we have outstanding communication now and perhaps that should be maintained and built into the contract. Mr. Jackson said crime prevention could be an area where we don't intend to make specific changes, but could be an area of emphasis to allocate additional resources, and said we need to make sure we have flexibility to make those types of changes. Mr. Jackson also mentioned that our contract costs in 2003 was approximately $11.5 million, and for 2009 was approximately $15.2 which represents a significant increase without changing the level of service and all without changing the number of officers, and he emphasized that it is critical to control costs over time. Police Chief VanLeuven explained that of the top twenty-one cities in Washington, we have the lowest or second lowest cost per capital for law enforcement, that Spokane Valley is the seventh largest city in the State of Washington, and he said we have the second lowest in crime rates. Councilmember Gothmann mentioned that might be a way of cost containment, to maintain a certain number of dollars per citizen, with factoring in inflation. Mr. Jackson said staff could look at that to see if we can draft language to measure that; and he cautioned when we discuss cost per capital, that we need to look at the whole financial picture and realize we generate some of the lowest revenues per capital in the state as well. Councilmember Grassel asked what is the driving force behind the increasing costs. Mr. Jackson responded that essentially it is the cost of living increases and inflation; and said we haven't added officers or major expenses, and he asked if Mr. Koudelka could recall any figures in that regard. Senior Administrative Analyst Koudelka explained that the average annual growth over the life of the contract has been 5.17%, which is not seen as a large increase, but with the economic conditions and inflation fluctuating,we don't have the luxury of controlling those costs. Councilmember Gothmann noted that the Sheriff Office contract increases 5.17% compared with the cost of living adjustment for employees at 2.5%; and Mr. Koudelka said that a school resource person and a property crimes task force person were added along with this year's precinct commander;but over the length of the contract that amounts to a 2% increase in our FTE or dedicated full-time equivalents; that our population has grown 9% but our case activity workload demand has not grown but has dropped a little over time; and said that the cost per capital has been fairly constant over the contract, and that costs increase faster when it comes to personnel such as step increases, cost of living allowance, and health coverage which increase much faster than normal inflation. Councilmember Grassel noted that we have no control over that as personnel and union wages are negotiated, but said the only way for them to stay within whatever parameters we would give them would be to lower the number of officers. Mr. Jackson stated that we can control cost by controlling Council Meeting Minutes:3-30-2010 Page 5 of 8 Approved by Council: DRAFT the service level and the number of officers on the street; he said that 90%of law enforcement costs are in personnel, but we also have support costs such as forensics and use of the property room and overhead and those support costs have gone up directly about $200,000; and that the overhead costs which are attributed to the County-wide allocation plan for county-wide costs that are passed on to the Sheriff and then in turn passed to us, have gone up about $125,000; and said that significant increases occur for us when there is a change in the ratio of Spokane Valley officers to those in the County. Mr. Jackson said there were some minor changes to our level of service which resulted in a direct cost increase, but as the county reduces the unincorporated officers, we pay a larger share of the support costs and indirect costs. Mr. Koudelka said that the cuts made by the County were two officers and were not in support areas; so they cut their overall budget,but the areas that support our police force were not reduced therefore we are paying a larger percentage of the same costs in those areas. Councilmember Grafos asked if there is a learning curve factor from the past three or four years that we could do more efficiently. Chief VanLeuven said there are efficiencies that will come with experience and one of those is the alarm ordinance; and said he is confident the number of false alarms they respond to will be reduced; and for such things as the property room and forensics, generally those are incident based; that the amount of forensic work relies upon the number of critical incidents or the crimes that require those services; and said he will be discussing with the City Manager any types of efficiencies that can be reduced, and he said he is always willing to find areas where they can be more efficient. It was moved by Deputy Mayor Schimmels, seconded and unanimously agreed to extend the meeting to 9:15 p.m. To recap, Mr. Jackson said that the judicial system which includes the contracts for Public Defender, District Court, Prosecutor, and Pre-Trial services, is $2,230,000; and said we also have the law enforcement system which includes the Sheriffs contract, emergency management, operating supplies, gas, oil and electricity and maintenance of the law enforcement building, and said he believes the million dollars is not included in the 41%, but was miscellaneous services mentioned previously in case the city needs to make a settle and adjust; and said the jail system runs about $900,000 annually; and said there are other categories of capital outlays for communication, fines and forfeitures that we remit to the state; the animal control contract is $351,000; and with the building replacement cost comes to a total of $1,651,000; for a grand total public safety budget of$22,062,000. Councilmember Grassel asked if the Sheriffs Office contract came in under budget; and Mr. Jackson acknowledged that was correct, that there was one million dollars built into that budget for miscellaneous services, but that is there for settle and adjust or other unanticipated expenses, so the actual cost of that contract is $16,262,000. Councilmember Grassel asked if the police contract actually came in under budget from what was anticipated, what other areas in services are coming in over budget; and she asked if that included such things as court costs. Mr. Jackson said the one million dollar funds are not anticipated to be spent; and he asked Mr. Koudelka if he knew the 2009 budget versus actual figures. Mr. Koudelka responded that he does not, not for all the contracts; but said the estimated cost for law enforcement is $15.5 million; and said we have not done settle and adjust for 2006 and 2007, and that the County has not calculated those figures for 2008 and 2009; and he said there is some indication because of settlements with the Deputies' Association, that there could be some significant settle and adjust amounts forthcoming, and said there is still a lot to work to do with the County, so we do not know for certain what may come due this year; while we do have a fairly good idea of what our current year costs are and they are pretty much right with the budget. Councilmember Gothmann said during the budget process, that we actually budgeted more for that account per year, as we know it will not go up 2.5% but closer to five or six percent; so if they come in under the 6% budget, one could argue they came in under budget. Mr. Jackson said we do everything we can to build stability into the contract so that we know what our costs are; and agreed with Mr. Koudelka that until we settle,the actual expenditures are difficult to determine. Council Meeting Minutes:3-30-2010 Page 6 of 8 Approved by Council: DRAFT The element of community identity was discussed, and Mr. Jackson said this was very important in the original contract, that our police department have the City of Spokane Valley logo on their car and the officers wear the patch, and he asked for council feedback in that regard. Councilmember Dempsey said she likes having our own police department and having the logo on the shirts and the cars and feels it is important to our community. Deputy Mayor Schimmels asked how many Spokane Valley cars do we have in service, and Chief VanLeuven responded that we have twenty-three patrol cars, nineteen of which are marked cars with the Spokane Valley logo; and it was confirmed that no school resource officers were eliminated; and said there are also some unmarked cars for corporals and sergeants' use; that some of those cars are involved in a shared program, so officers on day shift that mirror each other can use that car; and by sharing, the cars last longer; and the officers can keep their equipment available. Councilmember Gothmann said he feels it is good to present a different view, not that he favors the different view, but to explore all views; he said that Santa Clarita California contracts with the Los Angeles County Sheriff which includes about 177,000 residents; and they call their police department the "Sheriffs Substation" and he mentioned our SCOPE stations which are allied closely with the Sheriff, and questioned if we need a large amount of differentiation; and said it appears people are content to ally with the sheriff while at the same time realizing the need for a city police chief. Councilmember Grafos said he has examined other police departments and said he has no problem with all cars and all uniforms being identical; and said it is probably more efficient and perhaps miles could be saved if some of the officers take their cars home. Chief VanLeuven said if all cars are the same it appears there are more cars in our area; and take home cars put more cars in specific neighborhoods and therefore shows more of a police presence; and the identity boils down to a cost, and the more identity and the more logos,the more costly and he mentioned some other agencies use stickers stating such things as "in partnership with." Mayor Towey said he feels identity is important, but we must look at the bottom line, and said the victim isn't going to worry about or be benefitted by a patch or logo or car color, and said he has no problem in seeing the Sheriffs car versus the blue city car, and said he feels the Sheriffs Office uniform would be sufficient. Councilmember Dempsey said while she agrees with that opinion, tomorrow is this City's 7th birthday, and we have not developed a real community identity and she said if there is a visual City of Spokane Valley Police Department, it will help pull us together as a community and said she feels it would be worth the additional cost, or at least worth the lack of savings, and she asked about using magnets to identify city cars; and it was mentioned that magnetic signs would be too easily removed or vandalized. Councilmember Gothmann said he feels identity is a positive thing; and that stickers are not expensive; and that he feels the use of stickers with"in partnership with"is a good idea. It was moved by Councilmember Gothmann, seconded and unanimously agreed to extend the meeting to 9:30 p.m. 7. Advance Agenda—Mayor Towey Deputy Mayor Schimmels suggested that next week he give a presentation concerning governance issues associated with the Solid Waste Advisory Committee (SWAC). Council concurred. 8. Corbin Sewer Pump Station Request: This item was for information only and was not reported or discussed. 9. Council Check-in—Mayor Towey Councilmember Dempsey said that she wished to protest the arbitrary stopping of meals before meetings; she said offering the meal reduces stress as councilmembers rush from meetings to city hall; that it was originally initiated through Council's due deliberation and said she felt to end such practice, should also be done by vote of the council, and said she realizes the outcome would likely still be the same; she said the Mayor and Deputy Mayor are honorary titles and all decisions pertaining to funds are the responsibility of the entire council, especially when reversing the decision of a prior council. Councilmember Gothmann concurred and said that he was not asked how this might affect him and said Council Meeting Minutes:3-30-2010 Page 7 of 8 Approved by Council: DRAFT he was expecting discussion and said council decisions need to be made in the open. Mayor Towey explained that he asked if this should come before a vote and was told that it was not necessary as council can simply let staff know we no longer will provide meals prior to meetings. Councilmember Grassel also expressed her surprise and said she had assumed there would have been debate and discussion about this in connection with the Open Public Meeting Act, and about her suggestion of changing the meeting time to later, and she suggested that issue be put on an upcoming agenda. Mayor Towey said the refreshment resolution continues to be valid and the option remains to serve meals as warranted; and it does not obligate that meals are provided prior to every council meeting. Councilmember Dempsey said she feels all councilmembers need to know what's going on. Councilmember Grafos said the vote would have been the same; and said he has no objection to a future agenda item to discuss changing the meeting time. There was no objection to placing that issue on a future agenda. It was moved by Councilmember Dempsey, seconded and unanimously agreed to extend the meeting to 9:40 p.m. Councilmember Gothmann said he would like to add to a future agenda, discussion concerning the opportunity to purchase the land on Park Road,which could be used for a park. There was no objection. 10. City Manager Comments—Mike Jackson: Mr. Jackson had no further comments. It was moved by Deputy Mayor Schimmels, seconded and unanimously agreed to adjourn. The meeting adjourned at 9:35 p.m. ATTEST: Thomas E. Towey, Mayor Christine Bainbridge, City Clerk Council Meeting Minutes:3-30-2010 Page 8 of 8 Approved by Council: CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: April 13, 2010 City Manager Sign-off: Item: Check all that apply: ❑ consent ❑ old business ® new business ❑ public hearing ❑ information ❑ admin. report ❑ pending legislation AGENDA ITEM TITLE: Second Reading Proposed Ordinance 10-006 - Adult Entertainment GOVERNING LEGISLATION: SVMC 5.10; First Amendment to the United States Constitution PREVIOUS COUNCIL ACTION TAKEN: Adoption of Ordinance 03-036 prior to incorporation relating to licensing (later became SVMC 5.10); Adoption of Ordinances 03-053 and 03-054 relating to zoning prior to incorporation; Adoption of Ordinance 03-097 in late 2003. BACKGROUND: There are two basic types of governmental regulations pertaining to adult entertainment: those that identify where adult entertainment facilities may locate (land use issues), and those that relate to how the activities are allowed to be conducted within the business premises (licensing issues). The proposal that will come before you will relate only to licensing issues, although a brief review of both types of issues is being provided for context for this discussion. Prior to incorporation on March 31, 2003, the City Council adopted Ordinance 03-036, which incorporated by reference the Spokane County Code provisions on adult entertainment licensing. As such, all of the licensing requirements and prohibitions on certain kinds of conduct on adult entertainment facilities were controlled as they had been while under County control. The City adopted Ordinances 03-053 and 054 just prior to incorporation, which established the existing Spokane County zoning regulations and zoning maps as our interim regulations and maps, including places where adult entertainment businesses could locate. One issue the City Council decided to look at changing was whether to keep the amortization schedule previously adopted by Spokane County. The County passed what are commonly referred to as "buffering requirements." These types of restrictions require that any such business be located no closer than 1000 feet from a place of religious worship, school, daycare/nursery school, park/playground, library, or another adult use. Distances are measured from the nearest property line of the adult retail use to the nearest property line of the buffered use. The net effect of the amortization schedule was to require that any businesses that could not meet the buffering requirement would have to move to a parcel that does meet the requirements, of which there are very few, and are almost all within a confined area around the intersection of Fancher Road and Sprague Avenue. After consideration of the impacts of leaving the non-conforming businesses where they were relative to the anticipated impacts of consolidating the businesses into a "red light district", the Council voted to remove the amortization provisions. There were originally five adult oriented businesses at the time of incorporation, and one voluntarily elected to close around 2004. The Council kept the buffering requirements, which would apply to any new adult businesses. Current matter before the Council City staff attempts to keep up with current legal issues relating to the City Code and tries to identify changes that may be necessary to carry out the Code adopted by the Council, including with regard to adult entertainment. At this point, it would be helpful to explain that there are essentially two distinct types of adult oriented business, adult retail and adult entertainment. Adult entertainment is generally considered "an exhibition, performance or dance that is intended to sexually stimulate a member of the public', involving somebody who is nude or semi-nude, for the public in a commercial business. It also includes what are refers to as "arcade" devices, which are generally enclosures showing movies or pictures of specified sexual activity. Adult retail activity is not defined in the new proposed Code provisions (nor the old Code provisions for that matter) because it is primarily a zoning use issue, and is thus contained in the Uniform Development Code. The UDC defines "adult retail use establishment" as follows: "A retail use establishment which, for money or any other form of consideration, devotes a significant or substantial portion of stock in trade, to the sale, exchange, rental, loan, trade, transfer, or viewing of adult-oriented merchandise." We became aware that there may arguably be some ambiguity regarding what type of conduct is allowed in adult retail establishments. Thus, if certain conduct existed within an adult retail use and was properly classified as adult entertainment, that conduct should be subject to the licensing requirements of adult entertainment establishments. In order to fix potential ambiguities, the staff has proposed these new Code provisions. Many of the provisions were taken from Spokane County's Code, which we had adopted by reference upon incorporation, with considerable attention given to more clearly defining the types of conduct than were previously stated. This Code also establishes a clear set of rules for appeals of administrative determinations, which is a legal necessity. An example of this would be a determination that a license holder is in violation of the Code, and thus should have its live adult entertainment facility license revoked or suspended. They could then appeal that determination to the Hearing Examiner, whose decision could then be appealed to Superior Court. These rules, if adopted, would apply to all existing and future adult entertainment facilities from the effective date of the ordinance. Staff believes they would ensure that activities that are defined as being within the sphere of "adult entertainment" are confined to only those places so licensed, and with appropriate oversight. If a business exceeded the scope of its legal use, the City could use these regulations to stop the illegal use. These rules are justified as limited time, place or manner restrictions on expressive activity; based on the legislative record compiled for this ordinance and the prior County Code, the City intends to address the harmful effects of such activity by these restrictions. OPTIONS: Approve the proposed ordinance; do nothing and continue operating with existing regulations. RECOMMENDED ACTION OR MOTION: I move that we approve Ordinance 10-006, repealing and replacing Spokane Valley Municipal Code 5.10 as drafted. BUDGET/FINANCIAL IMPACTS: NA STAFF CONTACT: Cary P. Driskell, Deputy City Attorney ATTACHMENTS: A. Proposed Ordinance 10-006 amending adult entertainment Code C. Legislative record for proposed code [Copy available in Clerk's office] DRAFT CITY OF SPOKANE VALLEY SPOKANE COUNTY,WASHINGTON ORDINANCE NO. 10-006 AN ORDINANCE OF THE CITY OF SPOKANE VALLEY, SPOKANE COUNTY WASHINGTON, REPEALING EXISTING SPOKANE VALLEY MUNICIPAL CODE CHAPTER 5.10 IN ITS ENTIRETY AND ADOPTING NEW PROVISIONS RELATING TO THE LICENSING AND REGULATION OF ADULT ENTERTAINMENT ESTABLISHMENTS IN THE CITY,AND OTHER MATTERS RELATED THERETO. WHEREAS, the City o f Spokane Valley currently has limited City C ode provisions relating to the licensing and regulation of adult entertainment establishments in the City, relying in the past upon incorporation of portions of the Spokane County Code for such licensing and regulation; and WHEREAS, a com prehensive code w ould enable the C ity t o both rely upon the e xperience, studies and regulation by the County, as set forth in the Preamble, Findings and Purpose of the County's Resolution 97-1052, and also allow the City to enact additional standards based upon its own experience and the experience, studies and court cases involving other municipalities; and WHEREAS, the City has reviewed s tudies conducted by other jurisdictions, court decisions, police records and other documents, demonstrating that adult entertainment businesses have generated a variety of adverse impacts, including public sexual conduct, the possible spread of sexually transmitted disease and other endangerment to public health and safety, and prostitution and other criminal conduct, among other things; and WHEREAS,the C ity reasonably be lieves t hat the e xisting regulations of a dult e ntertainment businesses should be amended in view of this additional information, and that the amendments contained herein will effectively address those adverse impacts; and WHEREAS,the C ity doe s not i ntend to pr event any pe rson or e ntity from e xercising rights protected by the Washington and United States Constitutions; and this ordinance is necessary in order to better protect the health safety, and welfare of the City and its citizens. NOW, THEREFORE,t he C ity C ouncil o f t he C ity of S pokane Valley, S pokane C ounty, Washington, ordains as follows: Section 1. Purpose. The pur pose o f this 0 rdinance is to a dopt a c omprehensive Adult Entertainment Business Code for the City of Spokane Valley. Section 2. Repealing Spokane Valley Municipal Code Chapter 5.10. Spokane Valley Municipal Code Chapter 5.10, and all of its sections as currently adopted, are hereby repealed in their entirety. 1 1 1 Pursuant to RCW 35A.11.020 and 35A.12.110,the City adopts by reference Chapter 7.80, entitled "Adult Entertainment Establishments," of the Spokane County Code as presently constituted or hereinafter amended, as the adult entertainment regulations of the City. Chapter 7.80, entitled "Adult Entertainment Establishments," of the Spokane County Code, is attached to the ordinance codified in this chapter as "Exhibit A" and incorporated herein by this reference as if fully set forth. (Ord. 36 § 1, 2003). Ordinance 10-006 Adult Entertainment Page 1 of 17 DRAFT . . . . . . . To the extent that any provision of the Spokane County Code, or any othcr law, rule, regulation or document(s) referenced in Chapter 7.80, entitled "Adult Entertainment Establishments," of the Spokane County Code, is necessary or convenient to establish the validity, enforceability or interpretation of the adult entertainment establishment section, such provision of the Spokane County Code, or other law, rule, regulation or document(s)is hereby adopted by reference. (Ord. 36 § 2, 2003). Unless the context requires otherwise, any reference to the "county" or to "Spokane County" shall refer to the City of Spokane Valley, and any reference to county staff or licensing officer shall refer to the city manager or designee. To the cxtcnt that Exhibit A of the ordinance codified in this chapter refers to the city council or othcr licensing body,the city council hereby designates and confers jurisdiction upon the hearing examiner to hold hearings and render decisions on matters which relate to Chapter 7.80, entitled "Adult Entertainment Establishments," of the Spokane County Code. (Ord. 36 § 3,2003). Section 3. Adopting Spokane V alley Municipal C ode Section 5.10.0 10: SVMC 5.10.010 i s adopted as follows: 5.10.010 Definitions. The definitions in this section apply throughout this chapter unless the context clearly requires otherwise. "Adult arcade device,"sometimes also known as "panoram,"preview," "picture arcade," "adult arcade,' or"peep show,"means any device which, for payment of a fee,membership fee or other charge, is used to exhibit or display a graphic picture,view, film,videotape, or digital display of specified sexual activities o r sexual conduct. A 11 such devices are denominated under this chapter by the term"adult arcade de vice." T he term "adult arcade de vice' as used in this chapter doe s not include other g ames which employ pi ctures,views, or vi deo displays, or gambling de vices which do not exhibit or di splay adult entertainment. "Adult arcade establishment"means a commercial premises, or portion of any premises,to which a member of the public is invited or admitted and where adult arcade stations or adult arcade devices are used to exhibit or display a graphic picture, view, film, videotape, or digital display of a specified sexual activities or sexual conduct to a member of the public on a regular basis or as a substantial part of the premises activity. "Adult ar cade s tation"m eans any enc losure w here a pa tron, member, or customer w ould ordinarily be positioned while using an adult arcade device. Adult arcade station refers to the area in which an adult arcade device is located and from which the graphic picture,view, film,videotape, digital display of specified sexual activities or sexual conduct is to be viewed. These terms do not mean such an enclosure that is a private office used by an owner,manager, or person employed on the premises for attending the tasks of his or her employment, if the enclosure is not held out to any member of the public for use, for hire, or for a fee for the purpose of viewing the entertainment provided by the arcade device, and not open to any person other than employees. "Adult entertainment establishment"collectively refers to adult arcade e stablishments and live adult entertainment establishments, as defined herein. "Applicant"means the individual or entity seeking an adult entertainment establishment license. Ordinance 10-006 Adult Entertainment Page 2 of 17 DRAFT "Applicant con trol pe rson"m eans al 1 pa rtners, corporate of facers and directors and other individuals in the applicant's bus iness o rganization who hold a s ignificant in terest i n th e a dult entertainment business,based on responsibility for management of the adult entertainment establishment. "Employee" means a person, including a manager, entertainer or an independent contractor, who works in or at or renders services directly related to the operation of an adult entertainment establishment. "Entertainer"m eans a ny pe rson w ho pr ovides 1 ive a dult e ntertainment w ithin a n a dult entertainment establishment as defined in this section, whether o r not a fee is charged or accepted for entertainment. "Hearing Examiner"means the individual designated by the City Council who has the powers and duties as set forth in SVMC 18.20.030or his/her designee. "Licensing administrator" means the Community Development Director and his/her designee(s) and is the pe rson designated to a dminister this c hapter. In the event of any appeal to the Hearing Examiner under this Chapter, the licensing administrator shall prepare and/or ensure the submittal of the "department"reports required under SVMC 17.90.060(A) and Appendix B, Section C. "Liquor"means all beverages defined in RCW Section 66.04.200. "Live adult entertainment"means: (A)An exhibition, performance or dance conducted in a commercial premises for a member of the public where the exhibition,performance, or dance involves a person who is nude or seminude. Adult entertainment shall include,but is not limited to performances commonly known as "strip tease"; (B)A n e xhibition, performance or da nce c onducted i n a commercial pr emises w here the exhibition,p erformance or dance i s di stinguished or characterized by a predominant e mphasis on t he depiction, description, simulation or relation to the following "specified sexual activities": (1)Human genitals in a state of sexual stimulation or arousal, (2)A cts of h uman masturbation, s exual intercourse, s odomy, or al c opulation, o r bestiality, (3)Fondling or other erotic touching of human genitals,pubic region,buttocks, or female breasts; or (C)An exhibition,performance or dance that is intended to sexually stimulate a member of the public. This includes,but i s not limited to, such an exhibition,performance, or dance performed for, arranged with, or engaged in with fewer than all m embers oft he public on the premises at that time, whether conducted or viewed directly or otherwise,with separate consideration paid, either directly or indirectly, for the performance, exhibition or dance and that i s commonly referred to as table dancing, couch dancing,taxi dancing, lap dancing,private dancing, or straddle dancing. "Live adult entertainment establishment"means a commercial premises to which a member of the public is invited or admitted and where an entertainer provides live adult entertainment, in a setting which does not involve adult arcade stations or devices, to a member oft he public on a regular basis or as a substantial part of the premises activity. "Manager"means ape rson who manages, directs, administers or i sin charge oft he affairs or conduct, o r the a ffairs and c onduct,or of a por tion oft he a ffairs or conduct oc curring at an a dult entertainment establishment. Ordinance 10-006 Adult Entertainment Page 3 of 17 DRAFT "Member of t he pub lic" means a c ustomer,pa tron, c lub m ember, or p erson, of her t han an employee,who is invited or admitted to an adult entertainment establishment. "Nude"or "s eminude"means a state of com plete o r partial undress in such co stume, attire o r clothing so as to expose any portion of the female breast below the top of the areola or any portion of the pubic region,anus,buttocks,vulva, or genitals, or human male genitals in a discernibly turgid state, even if completely and opaquely covered. The words "open to the public room so that the area inside is fully and completely visible to the manager" mean t hat there may be no door , c urtain, partition, or other de vice e xtending from the top and/or any side of the door frame of an arcade station, so that all portions of every arcade station and all of the activity and all occupants inside every arcade station are fully and completely visible at all times by direct line of sight to persons in the adjacent public room, including the manager. "Operator"m eans a p erson ope rating, c onducting or m aintaining a n a dult e ntertainment establishment. "Person"m eans a n individual,pa rtnership, c orporation, trust, i ncorporated o r uni ncorporated association,m arital community, joint venture, g overnmental entity, or other entity or group of persons however organized. "Premises"means the land, structures, places,the equipment and appurtenances connected or used in a ny bus iness, a nd a ny pe rsonal pr operty or fixtures us ed in connection w ith a ny a dult entertainment establishment. "Sexual conduct"means acts of: (A) S exual intercourse w ithin its ordinary m eaning, occurring upon a ny pe netration,how ever slight; or (B)A penetration of the vagina or anus,however slight,by an object; or (C)A contact between persons involving the sex organs of one person and the mouth or anus of another; or (D) Masturbation,manual or instrumental, of oneself or of one person by another; or (E) Touching of the sex organs, anus, or female breast,whether clothed or unclothed, of oneself or of one person by another. "Specified sexual activities"refers to the following: (A) Human genitals in a state of sexual stimulation or arousal; (B)Acts of human masturbation, sexual intercourse, sodomy, oral copulation, or bestiality; or (C) Fondling or other erotic touching of human genitals,pubic region,buttocks or female breasts. "Transfer o f ow nership o r c ontrol"o f an adult entertainment e stablishment m eans any of the following: (A) The sale,lease or sublease of the business; (B) The transfer of securities that constitute a controlling interest in the business,whether by sale, exchange, or similar means; (C) The establishment of a trust, gift, or other similar legal device that transfers the ownership or control of the business; or (D) Transfer by be quest or other operation o f law up on the death of the person pos sessing the ownership or control. Ordinance 10-006 Adult Entertainment Page 4 of 17 DRAFT Section 4. Adopting Spokane Valley Municipal Code 5.10.020: SVMC 5.10.020 is adopted as follows: 5.10.020 License Required. (A)A person may not conduct,manage or operate an adult entertainment establishment unless the person is the holder of a valid license obtained from the City. (B) A n entertainer, employee, or manager may not knowingly work in or about, or knowingly perform a service or entertainment directly related to the operation of an unlicensed adult entertainment establishment. (C) An entertainer may not perform in an adult entertainment establishment unless the person is the holder of a valid license obtained from the City. (D) A manager may not work in an adult entertainment est ablishment un less the p erson is a holder of a valid license obtained from the City. Section 5. Adopting Spokane Valley Municipal Code 5.10.030: SVMC 5.10.030 is adopted as follows: 5.10.030 License prohibited to certain classes. No license shall be issued to: (A) A natural person who has not attained the age of 21 years, except that a 1 icense may be issued to a person who has attained the age of 18 years with respect to adult entertainment establishments where no intoxicating liquors are served or provided; (B) A person whose place of business is conducted by a manager or agent, unless the manager or agent has obtained a manager's license; (C) A partnership,unless all the members of the partnership are qualified to obtain a license. The license shall be issued to the manager or agent of the partnership; (D) A corporation,unless all the officers and directors of the corporation are qualified to obtain a license. The license shall be issued to the manager or agent of the corporation. Section 6. Adopting Spokane Valley Municipal Code 5.10.040: SVMC 5.10.040 is adopted as follows: 5.10.040 Applications. (A)Adult Entertainment Establishment License. (1) An application for an adult entertainment establishment license must be submitted to the 1 icensing ad ministrator i n the n ame oft he pe rson or entity pr oposing t o c onduct t he a dult entertainment establishment on the business premises and must be signed by the person and certified as true under the penalty of perjury. An application must be submitted on a form supplied by the licensing administrator,which must require the following information: (a) For the applicant and for each applicant control person,provide: names, any aliases or previous names, driver's license number, if any, social security number, if any, and business, mailing, and residential addresses, and business telephone number; Ordinance 10-006 Adult Entertainment Page 5 of 17 DRAFT (b) I f a pa rtnership, whether general or limited; and if a co rporation, date and place of incorporation; evidence that the partnership or corporation is in good standing under the laws of Washington; and the name and address of the registered agent for service of process; (c)Wh ether the app licant or a pa rtner,co rporate officer, or d irector o f the applicant holds another license under this chapter, or a license for similar adult entertainment or sexually oriented business from another city, county or state,and if so,the name and address of each other licensed business. (d)A s ummary of the bu siness h istory of the a pplicant and applicant c ontrol persons in ow ning or op erating the adult entertainment o r other s exually oriented business,providing names, addresses and dates of operation for such businesses, and whether any business license or adult entertainment license has been revoked or suspended and the reason for the revocation or suspension; (e) For the applicant and all applicant control persons, all criminal convictions or forfeitures w ithin five y ears immediately pr eceding t he da to of the app lication, other t han parking offenses or minor traffic infractions including the dates o f conviction, nature of the crime, name and location of court and disposition; (f) For the applicant and all applicant control persons, a de scription of business, occupation or employment history for the three years immediately preceding the date of the application; (g)Authorization for the City of Spokane Valley, and its agents and employees to seek information to confirm any statements set forth in the application; (h) The location and doing-business-as name of the proposed adult entertainment establishment, i ncluding a legal de scription of the property, s treet a ddress, a nd t elephone num ber, together with the name and address of each owner and lessee of the property; (i)Two two-inch by two-inch photographs of the applicant and applicant control persons,taken within six months of the date of application showing only the full face; (j)A complete set of fingerprints for the applicant and each applicant control person,taken by the law enforcement agency for the jurisdiction, or such other entity as authorized by the law enforcement agency; (k)A scale drawing or diagram showing the configuration of the premises for the proposed adult entertainment establishment, including a statement of the total floor space occupied by the business, and marked dimensions of the i nterior of the premises. P erformance a reas, seating a reas, manager's office and stations, restrooms, adult arcade stations and adult arcade devices, overhead lighting fixtures, walls and doorways, and service areas shall be clearly marked on the drawing. An application for a license for an a dult e ntertainment e stablishment m ust include bu ilding pl ans that d emonstrate conformance with all applicable building code requirements. Upon request, a pr elicensing conference w ill be scheduled with the 1 icensing administrator,o r his/her designee and pertinent government departments to assist the applicant in meeting the regulations and pr ovisions o f t his c hapter, a s w ell a s t he o ther C ity C ode pr ovisions. N o a Iteration o f t he configuration of the interior of the adult entertainment e stablishment or enlargement of the floor space occupied by the p remises m ay be m ade after obtaining a 1 icense, without the prior approval o f t he licensing administrator or his/her designee. A pproval for such enlargement may only be granted if the premises and proposed enlargement first meet the qualifications and requirements of this chapter, all other City Code provisions, and all other applicable statutes or laws. (2)A n a pplication w ill be de emed c omplete upo n t he applicant's s ubmission of a 11 information requested in subsection(a)(1) of this section, including the identification of "none"where that is the correct response. The licensing administrator may request other information or clarification in addition to that provided in a complete application if necessary to determine compliance with this chapter. (3) A nonrefundable license fee must be paid at the time of filing an application in order to defray the costs of processing the application. Ordinance 10-006 Adult Entertainment Page 6 of 17 DRAFT (4) Each applicant shall verify,under penalty of perjury,that the information contained in the application is true. (5) If, subsequent to the issuance of an adult entertainment establishment license for a business, a p erson or entity acqui res a s ignificant interest ba sed on responsibility for m anagement or operation of t he bus iness,not ice of s uch a cquisition s hall be pr ovided i n w riting t o t he licensing administrator, no later than 21 calendar days following the acquisition. The notice required must include the information required for the original adult entertainment establishment license application. (6) The adult entertainment establishment license, if granted, must state on its face the name of the person or persons to whom it is issued, the expiration date,the doing-business-as name and the add ress of the licensed adult en tertainment es tablishment. T he 1 icense m ust be pos ted in a conspicuous place at or near the entrance to the adult entertainment establishment so that it can be easily read when the business is open. (7)A person granted an adult entertainment establishment license under this chapter may not operate the adult entertainment establishment under a name not specified on the license,nor may a person operate an adult entertainment establishment, or any adult arcade device under a designation or at a location not specified on the license. (8) Upon receipt oft he complete application and fee,the 1 icensing administrator s hall provide copies to the police, fire and planning departments for their investigation and review to determine compliance of the proposed adult entertainment establishment with the laws and regulations which each department administers. Each department shall,within 15 days of the date of such application, inspect the application and premises and s hall m ake a w ritten report t o the 1 icensing a dministrator whether s uch application and premises comply with the laws administered by each department. A license may not be issued unless each department reports that the applicant and premises comply with the relevant laws. If the premises are not yet constructed, the departments shall base their recommendation as to premises compliance on their review of the drawings submitted in the application. An adult entertainment establishment license approved before the premises construction is undertaken must contain a condition that the premises may not open for business until the premises have been inspected and determined to be in c onformance w ith t he drawings submitted with t he a pplication. T he police, f ire, a nd planning departments s hall recommend denial of a 1 icense under t he subsection i f any of them find t hat t he proposed adult entertainment establishment is not in conformance with the requirements of this chapter or other applicable law. The department shall cite in a recommendation for denial the specific reason for the recommendation, including applicable laws. (9)N o adult en tertainment es tablishment 1 icense m ay be i ssued to operate a n adult entertainment establishment in a 1 ocation which does not meet the requirements set forth in the City's Zoning Code Chapter 19.80 SVMC unless otherwise exempt. (10) The exterior design and/or signs of the adult entertainment establishment must meet the requirements set forth in the City's Zoning Code 19.110.020 adopting the Spokane Valley Sprague and Appleway Corridors Subarea Plan and Chapter 22.110 SVMC. (11) The 1 icensing adm inistrator shall issue an d m ail t o the app licant an adult entertainment e stablishment license within 30 calendar d ays of the date of filing a com plete license application and fee,unless the licensing administrator determines that the applicant has failed to meet any of the requirements of this chapter,or failed to provide any information required under this subsection, or Ordinance 10-006 Adult Entertainment Page 7 of 17 DRAFT that the applicant has made a false, misleading or fraudulent statement of material fact on the application for a 1 icense. The licensing a dministrator s hall g rant a n e xtension o f t ime i n w hich t o p rovide a 11 information required for a complete license application upon the request of the applicant. (12) If the licensing administrator finds that the applicant has failed to meet any of the requirements for i ssuance of an adult entertainment est ablishment license, the 1 icensing administrator shall deny the application in writing and shall cite the specific reasons for the denial, including applicable laws. If the licensing administrator fails to issue or deny the license within 30 calendar days of the date of filing of a complete application and fee,the applicant shall be permitted, subject to all other applicable laws, to ope rate t he bus iness for w hich the license w as s ought un til no tification by t he licensing administrator that the license has been denied,but in no event may the licensing administrator extend the applicant review time for more than an additional 20 days. (B) Adult Arcade Device License. In addition to the provisions set forth in subsection(a) of this section,the following conditions apply to adult arcade establishments: (1) It is unlawful to exhibit or display to the public any adult arcade device, or to operate any adult arcade station within any adult arcade establishment without first obtaining a 1 icense for each such device for a specified location or premises from the City, to be designated an "adult arcade device license." (2) The adult arcade device license shall be securely attached to each such device, or the arcade station, in a conspicuous place. Section 7 Adopting Spokane Valley Municipal Code 5.10.050: SVMC 5.10.050 is adopted as follows: 5.10.050 Adult entertainment establishment manager and entertainer licenses. (A) A pe rson may not w ork as a m anager, assistant m anager or ent ertainer a t an adult entertainment e stablishment without a m anager's or an entertainer's license f rom t he 1 icensing administrator. A n applicant for a manager's or e ntertainer's 1 icense must c omplete an application on forms provided by the licensing administrator containing the information identified in this subsection. A nonrefundable license fee must accompany the application. The licensing administrator shall provide a copy of the application to the police department for its review, investigation and recommendation. A n application for a manager's or entertainer's license must be signed by the applicant and certified to be true under penalty of perjury. The manager's or entertainer's license application must require the following information: (1) The applicant's name, home address,home telephone number, date and place of birth, fingerprints taken by the police department(or such other entity as authorized by the police department or licensing administrator), social security number, and any stage names or nicknames used in entertaining, (2) The name and address of each adult entertainment establishment at which the applicant intends to work, (3) Documentation that the applicant has attained the age of 18 years. Any two of the following are acceptable as documentation of age: (a)A motor vehicle operator's license issued by any state bearing the applicant's photograph and date of birth; Ordinance 10-006 Adult Entertainment Page 8 of 17 DRAFT (b)A state-issued identification card bearing the applicant's photograph and date of birth; (c)An official passport issued by the United State of America; (d)An immigration card issued by the United States of America; or (e)A ny of her id entification that t he li censing a dministrator d etermines to be acceptable and reliable. (4)A c omplete statement of a 11 c onvictions of the a pplicant for any misdemeanor or felony violations in the jurisdiction or any other city, county or state within five years i mmediately preceding the date of the application, except parking violations or minor traffic infractions; (5) A de scription of the applicant's principal activities or services to be rendered at the adult entertainment establishment; (6) Two two-inch by two-inch color photographs of applicant,taken within six months of the date of application showing only the full face; (7)Authorization for the City, its agents and employees to investigate and confirm any statements in the application. (B) E very entertainer shall provide his o r he r license t o the adult entertainment est ablishment manager on duty on the premises prior to his or her performance. The manager shall retain the licenses of the entertainers readily available for inspection by the City, its agents, and employees, at any time during business hours of the adult entertainment establishment. (C) The licensing adm inistrator m ay r equest additional information or c larification when necessary to determine compliance with this chapter. (D) The contents o fan application for an entertainer's 1 icense and any additional information submitted by an applicant for an entertainer's license are confidential and will remain confidential to the extent authorized by RCW Chapter 42.56 and other applicable law. Nothing in this subsection prohibits the exchange of information among government agencies for law enforcement or licensing or regulatory purposes. (E) The 1 icensing a dministrator s hall i ssue a nd m ail t o t he a pplicant a n a dult e ntertainment establishment m anager's o r entertainer's 1 icense w ithin 14 calendar days from the date the com plete application and fee are received unless the licensing administrator determines that the applicant has failed to pr ovide a ny i nformation r equired to be supplied a ccording t o t his chapter,ha s m ade a ny false, misleading or fraudulent statement of material fact in the application, or has failed to meet any of the requirements for issuance of a 1 icense under this chapter. If the licensing administrator determines that the applicant doe s no t qualify fort he license a pplied for, the 1 icensing a dministrator s hall d eny t he application in writing and shall cite the specific reasons therefore, including applicable law. (F)An applicant for an adult entertainment establishment manager's or entertainer's license shall be issued a temporary license upon receipt of a complete license application and fee. Such temporary license shall automatically expire on the 14t'' -calendar day following the filing of the complete license application a nd fee unl ess t he licensing a dministrator ha s failed t o approve or d eny t he 1 icense application, in which case the temporary license shall be valid until the licensing administrator approves or denies the application, or until the final determination of any appeal from a denial of the application. In no e vent m ay t he 1 icensing a dministrator extend t he a pplication review time for m ore than a n additional 20 calendar days. Ordinance 10-006 Adult Entertainment Page 9 of 17 DRAFT Section 8. Adopting Spokane Valley Municipal Code 5.10.080: SVMC 5.10.080 is adopted as follows: 5.10.080 Standards of conduct,personnel, and operation of adult entertainment establishments. (A) All employees of an adult entertainment establishment must adhere to the following standards of conduct while in any area in which a member of the public is allowed to be present: (1)An employee may not be unclothed or in such less than opaque and complete attire, costume or clothing so as to expose to view any portion of the female breast below the top of the areola or any portion of the pubic region, anus,buttocks,vulva or genitals, except upon a stage at least 18 inches above the immediate floor level and removed at least eight feet from the nearest member of the public. (2)An employee mingling with a member of the public may not be unclothed or in less than opaque and complete attire, costume or clothing as described in subsection (a)(1) of this section,nor may a male em ployee ap pear with his genitals i n a discernibly turgid state, even if completely an d opaquely covered or wear or use any device or covering that simulates the same. (3)An employee mingling with a member of the public may not wear or use any device or covering exposed to view which simulates the breast below the top of the areola,vulva, genitals, anus, a portion of the pubic region, or buttocks. (4)An employee may not caress, fondle or erotically touch a member of the public or another employee. An employee may not encourage or permit a member of the public to caress, fondle or erotically touch that employee. (5)An employee may not perform actual or simulated acts of sexual conduct as defined in this chapter, or an act that c onstitutes a violation of R CW C hapter 7.48A,the Washington m oral nuisance statute, or any provision regulating offenses against public morals. (6)An e mployee mingling with a m ember of the public m ay not c onduct any dance, performance or exhibition in or about the nonstage area of the adult entertainment establishment unless that dance,performance or exhibition is performed at a distance of at least four feet from the member of the pub lic for whom the dance,p erformance or exhibition i s p erformed. The di stance o f four feet is measured from the torso of the dancer to the torso of the member of the public. (7)A tip or g ratuity offered t o or a ccepted by a n e ntertainer m ay not be offered or accepted be fore a ny pe rformance, da nce or e xhibition pr ovided by t he e ntertainer. A n e ntertainer performing upon any stage area may not accept any form of gratuity offered directly to the entertainer by a member of the public. A gratuity offered to an entertainer performing upon any stage area or in any booth or a rcade de vice must be pl aced into a r eceptacle prov ided for r eceipt of g ratuities by t he management oft he adult entertainment establishment or provided through a manger on duty on the premises. A gratuity or tip offered to an entertainer conducting a performance, dance or exhibition in or about the nonstage area of the live adult entertainment establishment must be placed into the hand of the entertainer or into a receptacle provided by the entertainer, and not upon the person or into the clothing of the entertainer. (B) This chapter does not prohibit: (1) Plays, operas, musicals, or other dramatic works that are not obscene; Ordinance 10-006 Adult Entertainment Page 10 of 17 DRAFT (2) C lasses, seminars and lectures which are he ld for se rious scientific or e ducational purposes and which are not obscene; or (3) Exhibitions,performances,expressions or dances that are not obscene. The exemptions in subsection(b) of this section do not apply to sexual conduct defined in this chapter or the sexual conduct described in RCW Section 7.48A.010(2) (b) (ii) and(iii). Whether or not activity i s obscene s hall be judged by c onsideration of t he s tandards set forth in R CW S ection 7.48A.010(2). (C)At an adult entertainment establishment the following are required: (1)Admission must be restricted to persons of the age of 18 years or older. An owner, operator, manager or other person in charge of the adult entertainment establishment may not knowingly permit or allow any person under the age of 18 years to be in or upon the premises whether as an owner, operator,manager,patron, member, customer, agent, employee, independent contractor, or in any other capacity. This s ection i s not i ntended to be u sed i n a prosecution of a m inor on or w ithin an adult entertainment establishment. (2)Neither the performance of any live adult entertainment,nor any display of specified sexual a ctivities o r s exual c onduct,no r any photograph, dr awing, s ketch or other pi ctorial or g raphic representation of any such performance, activities and/or conduct may take place or be located so as to be visible to minors who are or may be outside of the adult entertainment establishment. (3)A member of the public may not be permitted at any time to enter into any of the nonpublic portions o f the adult entertainment e stablishment,which includes but i s not 1 imited to: t he dressing rooms of the entertainers, other rooms provided for the benefit of employees, or the kitchen or storage areas. H owever, a person delivering goods and materials, food and beverages, or performing maintenance or repairs to the premises or equipment on the premises may be permitted into nonpublic areas to the extent required to perform the person's job duties. (4) Restrooms may not contain video reproduction equipment and/or adult arcade devices and each restroom may not be occupied by more than one person at any time. (5)All ventilation devices or openings between adult arcade booths must be covered by a permanently affixed louver or screen. Any portion of a ventilation op ening cover may not be located more than one foot below the top of the adult arcade station walls or one foot from the bottom of adult arcade station walls. There may not be any other holes or openings between the adult arcade stations. (6)No adult arcade station may be occupied by more than one person at any time. Any chair or other seating surface within an adult arcade station shall not provide a seating surface of greater than 18 inches in either length or width. Only one such chair or other seating surface shall be placed in any adult arcade station. No person may stand or kneel on any such chair or other seating surface. (7) There must be a permanently posted and maintained in at least two conspicuous locations on the interior of all adult arcade establishments a sign stating substantially the following: OCCUPANCY OF ANY STATION (VIEWING ROOM) IS AT ALL TIMES LIMITED TO ONE PERSON. Ordinance 10-006 Adult Entertainment Page 11 of 17 DRAFT THERE MAY BE NO CRIMINAL ACTIVITY IN THE STATIONS, OR ANYWHERE ELSE ON THE PREMISES,INCLUDING BUT NOT LIMITED TO: SEXUALLY EXPLICIT CONDUCT (RCW 9.68A.011), ACTS OF LEWDNESS, INDECENT EXPOSURE, PROSTITUTION, DRUG ACTIVITY, OR SEXUAL CONDUCT,AS DEFINED HEREIN. VIOLATORS ARE SUBJECT TO CRIMINAL PROSECUTION. Each sign must be conspicuously posted and not screened from the patron's view. The letters and numerals must be on a contrasting background and be no smaller than one inch in height. (8)When doors are permitted in areas of the adult entertainment establishment that are available for use by persons other than the owner, manager, operator, or their agents or employees, those doors may not be locked during business hours. (9)No person may engage in any conduct, or operate or maintain any warning system or device of any nature or kind, for the purpose of alerting,warning, or aiding and abetting the warning of any pa trons, members, customers, owners, operators, managers, employees, agents, independent contractors, or any other persons in the adult entertainment establishment,that police officers or county health, code enforcement, fire, licensing, or building inspectors are approaching or have entered the premises. (10)N o p erson i n an adult e ntertainment e stablishment may masturbate, o r e xpose t o view any portion of the female breast below the top of the areola or any portion of the pubic region, anus, buttocks,penis,vulva or genitals. (D) The responsibilities of the manager of an adult entertainment establishment shall include: (1)A licensed manager shall be on duty at an adult entertainment establishment at all times adult entertainment is being provided or members of the public are present on the premises. The full name and license of the manager shall be prominently posted during business hours. The manager shall be responsible for verifying that any person who provides adult entertainment within the premises possesses a current and valid entertainer's license. (2)The licensed manager on duty shall not be an entertainer. (3) The manager 1 icensed under t his chapter sh all maintain visual ob servation from a manager's station of each member of the public and each entertainer at all times any entertainer is present in the public or performance areas of the adult entertainment establishment. Where there is more than one performance area, or the performance area is of such size or configuration that one manager is unable to visually observe, at all times, each entertainer, each employee and each member of the public, a manger licensed under this chapter shall be provided for each public or performance area or portion of a public or performance area visually separated from other portions of the adult entertainment establishment. A 11 adult arcade stations must open to the public room so that the area inside is fully and completely visible to the m anager. N o c urtain, door ,w all,m erchandise, di splay r ack, or of her e nclosure, material, or application may obscure in any way the manager's view of any portion of the activity or occupants of the adult entertainment establishment. (4) The manager shall be responsible for and shall ensure that the actions of members of the public, the adult entertainers, and all of her employees shall com ply w ith all requirements o f t his chapter. Ordinance 10-006 Adult Entertainment Page 12 of 17 DRAFT Section 9. Adopting Spokane Valley Municipal Code 5.10.090: SVMC 5.10.090 is adopted as follows: 5.10.090 Premises—Specifications. (A) Live Adult Entertainment E stablishment P remises. The pe rformance area o f the 1 ive adult entertainment establishment where adult entertainment is provided shall be a stage or platform at least 18 inches in elevation above the level of the patron seating areas, and shall be separated by a distance of at least eight feet from all areas of the premises to which a member of the public has access. A continuous railing affixed to the floor and measuring at least three feet in height and located at least eight feet from all po ints o f the pe rformance ar ea m ust be installed on t he floor of the p remises to sep arate t he performance area and the public seating areas. The stage and the entire interior portion of all rooms or other enclosures wherein the live adult entertainment is provided must be visible from the common areas of the premises and from at least one manager's station. Visibility shall be by direct line of sight and shall not be blocked or obstructed by doors, curtains, drapes,walls,merchandise, display racks or other obstructions. (B)Adult Arcade Entertainment Establishment Premises. All adult arcade stations must open to the pub lic room s o t hat the area inside i s fully and c ompletely visible by di rect 1 ine of s ight t o the manager. All adult arcade stations shall be maintained in a clean and sanitary condition at all times. All floors, walls and ceilings shall consist only of hard, cleanable surfaces. All adult arcade stations shall be thoroughly cleaned with a diluted bleach solution whenever necessary for the removal of any potentially infectious materials (including,without limitation, semen,blood and vaginal secretions),but at least once daily. A record of such cleaning, listing the date and time, shall be posted in each adult arcade station. Any such potentially infectious materials, together with any cleaning rags, cloths or other implements, and any condoms,needles, or other items that may contain such potentially infectious materials, shall be placed in a p roperly 1 abeled "medical w aste"b ag and di sposed of pu rsuant t o a pplicable 1 aws o r regulations. (C) Lighting. Sufficient lighting must be provided and equally distributed throughout the public areas oft he entertainment establishment so that all objects are plainly visible at all times. A minimum lighting level of 30 lux horizontal,measured at 30 inches from the floor and on 10-foot centers is required for all areas of the adult entertainment establishment where members of the public are permitted. (D) Signs. A sign at least two feet by two feet with letters at least one inch high, which are on a contrasting background, shall be conspicuously displayed in the public area(s) of the adult entertainment establishment stating the following: THIS ADULT ENTERTAINMENT ESTABLISHMENT IS REGULATED BY THE LAWS OF THE CITY OF SPOKANE VALLEY. ENTERTAINERS ARE: A. NOT PERMITTED TO ENGAGE IN ANY TYPE OF SEXUAL CONDUCT. B. NOT PERMITTED TO APPEAR SEMI-NUDE OR NUDE, EXCEPT ON STAGE. C. NOT PERMITTED TO ACCEPT TIPS OR GRATUITIES IN ADVANCE OF THEIR PERFORMANCE. Ordinance 10-006 Adult Entertainment Page 13 of 17 DRAFT D. NOT PERMITTED TO ACCEPT TIPS DIRECTLY FROM PATRONS WHILE PERFORMING UPON ANY STAGE AREA OR IN ANY ARCADE STATION OR BOOTH. (E) Recordkeeping Requirements. All papers, records and documents required to be kept pursuant to this chapter must be open to inspection by the licensing administrator during the hours when the 1 icensed p remises are open for business,upon two days' written notice to the 1 icensee. A n adult entertainment establishment shall maintain and retain for a period of two years the name, address and age of each person employed or otherwise retained or allowed to perform on the premises as an entertainer, including i ndependent c ontractors and their employees. The p urpose o f the i nspection s hall be t o determine whether the papers, records and documents meet the requirements of this chapter. (F) Inspections. Prior to the issuance of a license,the applicant must be qualified according to the provisions of all applicable City ordinances,the laws of the United States and of the State of Washington. The premises must meet the requirements of all applicable laws, ordinances, and regulations including but not limited to the Uniform Building Code, and the City's Zoning Code. All premises and devices must be inspected prior to issuance of a license. Upon request, the 1 icensing adm inistrator w ill s chedule a prelicensing con ference w ith al 1 pertinent City departments to assist the applicant in meeting the regulations and provisions of this chapter. In orde r t o ensure com pliance w ith this ch apter a 11 ar eas o f a 1 icensed adult ent ertainment establishment that are open to members of the public must be open to inspection by agents and employees oft he jurisdiction during the ho urs w hen the p remises are o pen for business. T he pu rpose of such inspections must be t o determine i f t he 1 icensed premises are operated in accordance with the requirements of this chapter. It is expressly declared that unannounced inspections of adult entertainment establishments are necessary to ensure compliance with this chapter. (G)Hours of Operation. An adult entertainment establishment may not be operated or otherwise open to the public between the hours of two a.m. and ten a.m. Section 10. Adopting Spokane Valley Municipal Code 5.10.100: SVMC 5.10.100 is adopted as follows: 5.10.100 License fees,term,expiration, assignment, and renewals. (A) A license issued under this chapter expires on the 31st day of D ecember of each year. A license fee may not be prorated, except that if the original application is made subsequent to June 30tH then one-half of the annual fee may be accepted for the remainder of such year. (B) Application for renewal of a license issued under this chapter must be made to the licensing administrator no later than 30 calendar days before the expiration for an adult entertainment establishment license, and no later than 14 calendar days before the expiration for an adult entertainment establishment manager's and entertainer's 1 icense. The 1 icensing administrator shall i ssue the renewal license in the same manner and on payment oft he same fees as for an original application under this chapter. T he licensing administrator shall assess and collect, an additional fee, computed as a percentage of the license fee, on an application not made on or before such date,as follows: Calendar Days Past Due Percent of License Fee Ordinance 10-006 Adult Entertainment Page 14 of 17 DRAFT 7— 30 25% 31 — 60 50% 61 and over 75% (C) The licensing administrator shall renew a license upon application unless the licensing administrator is aware of facts that would disqualify the applicant from being issued the license for which he or she seeks renewal, and further provided that the application complies with all the provisions of this chapter as now enacted or as the same may hereafter be amended. (D) License fees shall be adopted by the City Council through a separate resolution (E)Adult entertainment establishments which offer both live adult entertainment and adult arcade devices or s tations sh all be r equired to pay t he fees a ssociated w ith both 1 ive adult e ntertainment establishments and adult arcade establishments. (F) L icenses issued un der t his c hapter m ay not be a ssigned or transferred to of her ow ners, operators,managers, entertainers,premises,devices,persons or businesses. (G)A reinspection fee equal to the amount in effect for original application for any license shall be charged if the applicant requests approval for a proposed enlargement or alteration of the interior of the adult e ntertainment e stablishment, or if the applicant r equests the licensing a dministrator m ake a n inspection of the premises in addition to the usual prelicensing inspection. Section 11. Adopting Spokane Valley Municipal Code 5.10.110: SVMC 5.10.110 is adopted as follows: 5.10.110 Suspension or Revocation of Licenses. The license a dministrator may upon 14 c alendar days' w ritten notice de livered to the license holder,temporarily suspend or permanently revoke any license issued pursuant to this chapter where one or more of the following conditions exist: (A) The license application, or any report or record required to be filed with the City,includes one or more false,misleading, or fraudulent statements of material fact; or (B) The building, structure, equipment or location of the business for which the license was issued does not com ply w ith the requirements o r standards of the c hapter, the a pplicable building or zoning codes, or other applicable law; or (C) The licensee,his or her employee, agent,partner, director, officer or manager has knowingly allowed or permitted, in or upon the premises of any adult entertainment establishment, any violations of this chapter or acts made unlawful under this chapter. Section 12. Adopting Spokane Valley Municipal Code 5.10.120: SVMC 5.10.120 is adopted as follows: 5.10.120 Appeal and Hearing. Ordinance 10-006 Adult Entertainment Page 15 of 17 DRAFT Any person aggrieved by the action of the license administrator in refusing to issue or renew any license under this chapter, or in temporarily suspending or permanently revoking any license under this chapter, shall have the right to appeal such action to the City's hearing examiner under SVMC 17.90.040 through .060, except t o the extent that such sections r elate only t o 1 and use m afters under the S VMC. Notwithstanding the provisions of SVMC 17.90.060(A) and Appendix B, Section E, all testimony at any hearing affecting a 1 icense under this chapter shall be taken under oath. The filing of such appeal shall stay the action of the license administrator. Any person aggrieved by the decision of the hearing examiner shall have the right to appeal the decision to the Spokane County Superior Court by writ of certiorari filed and served upon the City within 14 calendar days after the date of the hearing examiner's decision. The filing of such appeal shall stay the action of the hearing examiner. Section 13. Adopting Spokane Valley Municipal Code 5.10.150: SVMC 5.10.150 is adopted as follows: 5.10.150 Compliance by Existing Adult Entertainment Establishments. Any adult entertainment establishment lawfully operating on the effective date of this chapter that is in violation of the specifications for the premises of adult entertainment establishments set forth in SVMC 5.10.090 must correct any configuration, and bring the adult entertainment establishment into full compliance with those premises specifications not later than ninety calendar days after the effective date of this chapter. All other provisions of this chapter are operative and enforceable on the effective date. Section 14. Adopting Spokane Valley Municipal Code 5.10.160: SVMC 5.10.160 is adopted as follows: 5.10.160 Penalties. A pe rson violating this chapter is guilty of a m isdemeanor. Any pe rson violating any of the provisions of this chapter shall be deemed guilty of a separate offense for each and every day or portion thereof during which any violation is committed,continued, authorized, or permitted; provided,no person shall be deemed guilty of any violation of this chapter if acting in an investigative capacity pursuant to the request o r ord er o fl aw enforcement. A 11 v iolations oft his chapter are h ereby de termined to be detrimental to the public health, safety and general welfare and are hereby declared public nuisances. Section 15. Adopting Spokane Valley Municipal Code 5.10.170: SVMC 5.10.170 is adopted as follows: 5.10.170 Additional Remedies. Any license issued under this chapter shall be subject to the rules of the Washington State Liquor Control Board relating to the sale of intoxicating liquor. If there is a conflict between this chapter and the applicable rules of the Washington State Liquor Control Board, the rules of the Washington State Liquor Control Board shall govern. The remedies provided herein for violations of the provisions of this chapter,whether civil or criminal, are cumulative and i n addition to any other remedy provided by 1 aw. The remedies are not exclusive, and the City may seek any other legal or equitable relief. An adult entertainment establishment operated or maintained contrary to the provisions of RCW Chapter 7.48, Moral Nuisance, is unlawful and Ordinance 10-006 Adult Entertainment Page 16 of 17 DRAFT a public and moral nuisance, and the City may in addition to any other remedies commence an action to enjoin, abate or remove any such nuisance. Section 16. Severability. If any section, sentence, clause or phrase of this Ordinance should be he ld to b e i nvalid or unc onstitutional by a c ourt of competent jurisdiction, such invalidity o r unconstitutionality shall not affect the validity or constitutionality of any other section, sentence, clause or phrase of this Ordinance. Section 17. Effective Date. This Ordinance sha 11 become effective five days after publication of the Ordinance, or a summary thereof,in the official newspaper of the City. Adopted this day of , 2010. City of Spokane Valley Thomas E. Towey, Mayor ATTEST: City Clerk, Christine Bainbridge Approved as to Form: Office of the City Attorney Date of Publication: Effective Date: Ordinance 10-006 Adult Entertainment Page 17 of 17 CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: April 13, 2010 City Manager Sign-off: Item: Check all that apply: ❑consent ❑old business ®new business ❑public hearing ❑ information ❑ admin.report ® pending legislation AGENDA ITEM TITLE: First Reading Proposed Ordinance 10-007, Comprehensive Plan Amendments (includes text and map amendments) GOVERNING LEGISLATION: RCW 36.70A(Growth Management Act) PREVIOUS COUNCIL ACTION TAKEN: On March 30, 2010, Council was briefed at the study session on comprehensive plan map amendments CPA-01-10 through CPA-08-10. BACKGROUND: The Spokane Valley Comprehensive Plan includes an annual amendment cycle that runs from November 2 to November 1 of the following year. The Planning Commission considers applications received prior to the November 1 deadline in late winter/early spring of the following year, with a recommendation to City Council in late spring/early summer. All parts of the Comprehensive Plan (maps and text) can be amended during the annual cycle. The Community Development Department received one site-specific Comprehensive Plan map amendment; city staff initiated two site-specific Comprehensive Plan map amendments. Sites that are approved for a Comprehensive Plan Map amendment automatically receive a zoning designation that is consistent with the new Comprehensive Plan Map designation. Additionally,staff initiated Comprehensive Plan amendments to Chapter 2 - Land Use; Chapter 3 -Transportation; Chapter 4- Capital Facilities Plan&Public Service; Chapter 7 - Economic Development; and Chapter 8- Natural Environment. COMPREHENSIVE PLAN AMENDMENT PROPOSALS: Comprehensive plan amendment proposals are organized into individual reports consisting of application materials, staff reports, and letters submitted to date to assist the City Council's review. The Spokane Valley Planning Commission conducted a public hearing on February 25, 2010, to consider proposed amendments to the Comprehensive Plan. After hearing public testimony, the Commission made recommendations on CPA-01-10 through CPA-08-10. OPTIONS: Advance the ordinance to second reading; remand to Planning Commission for further consideration; or conduct a public hearing on proposed deviations from the Planning Commission's recommendation. RECOMMENDED MOTIONS: Advance ordinance 10-007 to a second reading STAFF CONTACT: Greg McCormick,AICP, Planning Division Manager; Mike Basinger,AICP, Senior Planner ATTACHMENTS: Exhibit 1: Draft Ordinance Exhibit 2 Planning Commission Findings and Recommendation 1 of 1 CITY OF SPOKANE VALLEY SPOKANE COUNTY, WASHINGTON ORDINANCE NO. 10-007 AN ORDINANCE OF THE CITY OF SPOKANE VALLEY, SPOKANE COUNTY WASHINGTON, AMENDING ORDINANCE 06-010 ADOPTING THE CITY OF SPOKANE VALLEY COMPREHENSIVE PLAN AND PROVIDING FOR OTHER MATTERS PROPERLY RELATING THERETO. WHEREAS, through Spokane Valley Ordinance 06-010, the City of Spokane Valley adopted Land Use plans as set forth in the Comprehensive Plan, Capital Facilities Plan, and Maps as the Comprehensive Plan of the City of Spokane Valley; and WHEREAS, the Washington State Growth Management Act (GMA) allows comprehensive plans to be amended annually (RCW 36.70A130); and WHEREAS, amendments to the City of Spokane Valley Comprehensive Plan may be initiated by the Planning Commission (Commission), the City Council (Council), Citizens or by the Community Development Director based on citizen requests or when changed conditions warrant adjustments; and WHEREAS, the GMA requires comprehensive plans to be implemented with development regulations, including the zoning of property consistent with land use map designations; and WHEREAS, consistent with the GMA, City of Spokane Valley adopted Public Participation Guidelines to direct the public involvement process for adopting and amending comprehensive plans; and WHEREAS, the Uniform Development Code (UDC) provides that amendment applications shall be received until November 1 of each year; and WHEREAS, applications were submitted by the applicant, owner or by City staff to amend the Comprehensive Plan and Zoning Map for the purpose of beneficially using the property described herein; and WHEREAS, following the application to the City, staff conducted an environmental review to determine the potential environmental impacts from the proposed amendments; and WHEREAS, after reviewing the Environmental Checklists, staff issued Determinations of Nonsignificance (DNS) on February 5, 2010 for the proposals, published the DNS in the Valley News Herald on February 5, 2010, and where appropriate posted the DNS on the sites and mailed the DNS to all affected public agencies; and Ordinance 10-007 Comp Plan Amendments Page 1 of 6 WHEREAS, the Washington State Department of Commerce was notified on January 29, 2010 pursuant to RCW 36.70A.106 providing a 60-day notice of intent to adopt amendments to the Spokane Valley Comprehensive Plan; and WHEREAS, the Commission conducted a briefing on February 11, 2010 to review the proposed amendments; and WHEREAS, notice of the Commission public hearing was published in the Valley News Herald on February 5, 2010; and WHEREAS, on February 5, 2010, notice of the Commission hearing was mailed to all property owners within 400 feet of the subject properties ; and WHEREAS, notice of the hearing was posted on the subject properties; and WHEREAS, the Commission conducted a public hearing on February 25, 2010 at which time the Commission received evidence, information, public testimony and a staff report and recommendation; and WHEREAS, at the conclusion of the public hearing and after deliberating on the proposed amendments and information presented during the course of the hearing developed, the Commission deliberated on CPA-01-10 through CPA-08-10 and recommended approval of all amendment proposals; and WHEREAS, on March 30, 2010, Council reviewed the Commission's recommendations on the proposed Comprehensive Plan amendments; and WHEREAS, on April 13, 2010, Council considered a first ordinance reading to adopt the proposed amendments; and WHEREAS, on April 27, 2010, Council considered a second ordinance reading at which time Council approved written findings of fact setting forth their basis for approval of the proposed amendments. NOW, THEREFORE, the City Council of the City of Spokane Valley do ordain as follows: Section 1. Purpose. The purpose of this Ordinance is to amend the Comprehensive Plan adopted through Ordinance No. 06-010. Section 2. Findings. The City Council acknowledges that the Commission conducted appropriate investigation and study, held a public hearing on the proposed amendments to Comprehensive Plan and approves the amendments to the Comprehensive Plan map and text. The City Council hereby adopts the Commission's findings, specifically that: Ordinance 10-007 Comp Plan Amendments Page 2 of 6 1. Notice for the proposed amendments was placed in the Spokane Valley News Herald on February 5, 2010 and each site was posted with a "Notice of Public Hearing" sign,with a description of the proposal. 2. Individual notice of the map amendment proposals was mailed to all property owners within 400 feet of each affected site. 3. Pursuant to the State Environmental Policy Act (SEPA- RCW 43.21C) environmental checklists were required for each proposed comprehensive plan map and text amendment. 4. Staff reviewed the environmental checklists and a threshold determination was made for each comprehensive plan amendment request. Determinations of Non-significance (DNS) were issued for the requested comprehensive plan amendments on February 5, 2010. 5. The DNS's were published in the city's official newspaper on February 5, 2010 consistent with the City of Spokane Valley Environmental Ordinance. 6. The Spokane Valley Planning Commission conducted a public hearing on February 25, 2010,to consider the proposed amendments. After hearing public testimony,the Commission made recommendations on CPA-01-10 through CPA-08-10. 7. The planning goals of the Growth Management Act (GMA) were considered and the proposed amendments are consistent with the GMA. 8. The goals and policies of the Spokane Valley Comprehensive Plan were considered and the proposed amendments are consistent with the Comprehensive Plan. 9. The proposed land use and zoning designations are consistent with the current use of the properties. 10. Findings were made and factors were considered to ensure compliance with approval criteria contained in Section 17.80.140 H. (Comprehensive Plan amendment and area- wide rezones) of the Spokane Valley Municipal Code (SVMC). 11.The Comprehensive Plan Land Use Map and text amendments will not adversely affect the public's general health, safety, and welfare. Section 3. Property. The properties subject to this Ordinance are described in Attachment"A." Section 4. Comprehensive Plan Amendments. Pursuant to RCW 35A.63.073 the City of Spokane Valley Comprehensive Plan as adopted through Ordinance No. 06-010, is hereby amended as set forth in Attachment "A" (maps) and "B" (text). The Comprehensive Plan Amendments are generally described as follows: Map Amendments File No. CPA-01-10: Application/Description of Proposal: Comprehensive Plan Map amendment to change the designation on parcel 45182.9010 from Low Density Residential to Neighborhood Commercial with a corresponding zoning change from Single-family Residential District(R-3) to Neighborhood Commercial (NC). This proposal is considered a non-project action under RCW 43.21C. Applicant: Bernardo-Wills Architects-Attn: Gary Bernardo Ordinance 10-007 Comp Plan Amendments Page 3 of 6 Amendment Location: Parcel 45182.9010; located on the northeast corner of Park Road and Broadway Avenue; further located in the south half of the northwest quarter of Section 18, Township 25 North, Range 44 East,Willamette Meridian,Spokane County,Washington. Council Decision: Change Parcel 45182.9010 to Neighborhood Commercial. File No. CPA-02-10: Application/Description of Proposal: City initiated site specific Comprehensive Plan map amendment on parcels 45114.9009 from Parks/Open Space (P/OS)to Heavy Industrial (HI) with a corresponding zoning change from Parks/Open Space (P/OS) to Heavy Industrial (I-2). This proposal is considered a non-project action under RCW 43.21C. Applicant: City of Spokane Valley Amendment Location: The proposed site is located on the west side of Sullivan Road, approximately 1600 feet north of Indiana Avenue; further located in the north half of the southeast quarter of Section 11, Township 25 North, Range 44 East,Willamette Meridian, Spokane County, Washington. Counsel Decision: Change Parcel 45114.9009 to Heavy Industrial (HI) File No. CPA-03-10: Application/Description of Proposal: City initiated site specific Comprehensive Plan map amendment on parcel 45013.9104 from Community Commercial (C)to Heavy Industrial (HI)with a corresponding zoning change from Community Commercial (C) to Heavy Industrial (I-2). This proposal is considered a non-project action under RCW 43.21C. Applicant: City of Spokane Valley Amendment Location: The proposal is located between Sullivan Road and Industrial Park 1st in the Spokane Valley Industrial Park. It is further located in the west half of the southwest quarter of Section 01,Township 25 North, Range 44 East,Willamette Meridian,Spokane County,Washington. Council Decision: Change Parcel 45013.9104 to Heavy Industrial (HI) Text Amendments File No. CPA-04-10: Application/Description of Proposal: A City initiated text amendment to Chapter 2 - Land Use: New policy language addresses development agreements in association with site-specific comprehensive plan map amendments. Text amendments also integrate policy language to supplement existing goals to support acquiring open space,publicizing the community's heritage,and connecting neighborhoods. Applicant: City of Spokane Valley, 11707 E Sprague Ave,Ste 106, Spokane Valley,WA 99206 Amendment Location: Text amendments to Chapter 2 - Land Use will have city-wide implications. Council Decision: Adopt Text amendments to Chapter 2 - Land Use. File No. CPA-05-10 Application/Description of Proposal: Text amendment to Chapter 3 -Transportation: Map 3.1, Arterial Street Plan,displays the federal reclassification of Conklin Street(Urban Local Access to Collector Arterial)and Indiana Avenue (Urban Local Access to Urban Minor Arterial). Map 3.2,Bike and Pedestrian System,displays newly developed bike and pedestrian infrastructure. Map 3.7, Local Access Street Plan,is a new map identifying future access streets within the City of Spokane Valley to improve connectivity and emergency access. Text amendments integrate policy language to Ordinance 10-007 Comp Plan Amendments Page 4 of 6 supplement existing goals to support linking facilities with non-motorized transportation routes, increasing the percent of total miles of bike lanes in the City,and encouraging fuel-efficient vehicles in the public transportation system. Applicant: City of Spokane Valley, 11707 E Sprague Ave, Ste 106, Spokane Valley,WA 99206 Amendment Location: Text amendments to Chapter 3 -Transportation will have city-wide implications. Council Decision: Adopt text amendments to Chapter 3 - Transportation. File No. CPA-06-10 Application/Description of Proposal: Text amendment to Chapter 4- Capital Facilities Plan (CFP) and Public Services: Text amendments incorporate changes in the 6-year Transportation Improvement Plan (TIP) into the Capital Facilities Plan to ensure consistency. The Level of Service (LOS) table identifies the current six-year and twenty-year level of service analysis for all arterial intersections in the City of Spokane Valley. Text amendments also update the growth assumptions to reflect population allocation numbers approved by the Spokane County Board of Commissioners. New text will integrate policy language to supplement existing goals to support water conservation, recycling,limiting harmful chemicals,and education programs that result in local employment. Applicant: City of Spokane Valley, 11707 E Sprague Ave, Ste 106, Spokane Valley,WA 99206 Amendment Location: Text amendments to Chapter 4 - CFP&Public Services will have city-wide implications. PC Recommendation: Adopt text amendments to Chapter 4 - CFP & Public Services. File No. CPA-07-10 Application/Description of Proposal: Text amendment to Chapter 7- Economic Development: Amendments integrate policy language to supplement existing goals to support local businesses, living wages, efficient practices,and clean technologies. Map, 7.1, Development Activity, displays 2009 development activity. Applicant: City of Spokane Valley, 11707 E Sprague Ave, Ste 106, Spokane Valley,WA 99206 Amendment Location: Text amendments to Chapter 7 - Economic Development will have city- wide implications. PC Recommendation: Adopt text amendments to Chapter 7 - Economic Development. File No. CPA-08-09 Application/Description of Proposal: Text amendment to Chapter 8- Natural Environment: New text integrates policy language to supplement existing goals to protect the aquifer,groundwater, and priority habit species. Applicant: City of Spokane Valley, 11707 E Sprague Ave, Ste 106, Spokane Valley,WA 99206 Amendment Location: Text amendments to Chapter 8 - Natural Environment will have city-wide implications. PC Recommendation: Adopt text amendments to Chapter 8 - Natural Environment. Section 5. Copies on File-Administrative Action. The Comprehensive Plan (with Maps) is maintained in the office of the City Clerk as well, as the City Department of Community Development. The City Manager or designee, following adoption of this Ordinance, is authorized to modify the Comprehensive Plan in a manner consistent with this Ordinance. Ordinance 10-007 Comp Plan Amendments Page 5 of 6 Section 6. Liability. The express intent of the City of Spokane Valley is that the responsibility for compliance with the provisions of this ordinance shall rest with the permit applicant and their agents. This ordinance and its provisions are adopted with the express intent to protect the health, safety, and welfare of the general public and are not intended to protect any particular class of individuals or organizations. Section 7. Severability. If any section, sentence, clause or phrase of this ordinance shall be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of any other section, sentence, clause, or phrase of this ordinance. Section 8. Effective Date. This Ordinance shall be in full force and effect five (5) days after publication of this Ordinance or a summary thereof in the official newspaper of the City of Spokane Valley as provided by law. PASSED by the City Council this day of May, 2010 Mayor, Thomas E. Towey ATTEST: City Clerk, Christine Bainbridge Approved As To Form: Office of the City Attorney Date of Publication: Effective Date: Ordinance 10-007 Comp Plan Amendments Page 6 of 6 Attachment A Exhibit 1: Comprehensive Plan Map r _v. , L'ight.Indust ial Ligl t4ndustrial �,,� q�-� ��'`� ( Low Density / Residential ,x 1 P-, I lig li Low Density Residential Cataldo Cataldo Centennial Middle Park/Open Space alia Road Pool E Low Density Residentia CPA-01-10 A - Low Density Residential Broadway Broadway Broadway Ne gliborhood ;C►omurercial iiiimi IMI Hea i i n% III PIMP' CPA-01-10 Request: Change the Comprehensive Plan map City of Spokane Valley designation from LDR to NC; subsequent zoning Community Development Department change from R-3 to NC. Exhibit 1 : Comprehensive Plan Map ■ •i i V, Industrial • o s 1 Fr Go' .mercial- Park ® a eEy ►; U 1 ;tU Heavy Ind s vial e :i nlc t.'i AVM nlcilt.1 e g 111111 AorAwr Turd, �Eucl.id II sot: .11 I ems . ill p ' 1 at.\etta * u Heavy Indus rial JVIrY.1Bidaaa �'il:odlaai.� ' 1^ mace • .4 41101110 II I��+FD1 I T.:ii .-FD1 IIIli 'ark/Open Space rte.. -rte.,.. W �• C/JPAO2lOfl- - Mixed Use IN Midi. . 1 \ Park/Open ace Sullivan otr.L....11167. Heavy Indus rial Regional 4 Gommer ial /.ice IN, Mediumi7 u "d%ara ' UVa er Body ✓ r � yf IIso II ��o D �� T o ( 7 x.37 cPark/Open Space I Redden lal ,°�z lbi '. ii ' M,�Q, . Office Ilc�j T I�� S • ki y� `�'� � Mixed Use 1*h•r^ Sar. harp �h� High tensity Residential 4 o use iso "d iiii am : ��VY, a II ;;AM ar.I- :' . � ]lij 0; 9z:: e <1. �: T .. .. _ 1 o . M= /-90 IN II De et Low Density Residential Em �� 1 y ��11111 low�aca°° id. �� . Med luml, wato :AM,.r , ■ =_a, D y 1111111o N . niM - Residentia l 11 . . . ',- MiMkl • • M.Llo m I ,4' UrlI•UUU ••=N �UUU ark,.,i .:L' CPA-02-10 Request: Change the Comprehensive Plan map City of Spokane Valley designation from P/OS to HI; subsequent zoning Community Development Department change from P/OS to 1-2. Exhibit 1 : Comprehensive Plan Map ow-iensi y=esi•enia 2010 Proposed Text Amendments Attachment B CPA 04-10 thru CP 08-10 Exhibit I Chapter 2 — Land Use Mike Basinger, Senior Planner AICP 2010 Proposed Text Amendments Attachment B CPA 04-10 thru CP 08-10 City of SpNana Valley Corr wehengive Plan 2.11 Goals and Pellicles Residential Goals & Policies Goal LUG.1 Preserve and protect the character of Spokane Valley's residential neighborhoods Policies LLIP-1 intain end protect the ch ter Of existing and future residential nneightxxhoods through the development and enforcement of the Cry's land tie regulations and joint planning LUP-1.2 Protect residential areas from impacts of adjacent non-residential use andror nigher intensity uses through the devek7pment and enlacement of the s Wand use regvlei.on5 liner}pmt planning. LIPP-1.3 Review and reviS, es necessary, existing kind use regulations to provide for innovation and flexibility in the design of new residential developments, accessory dwelling units and+rwflii development LUP-1 4 Encourage theIeleJopmvt of trortspottation routes and facilities to serve residential neighborhoods Special attenliorn should be giver to pedestrian ClrcuialIon LJP-1 5 Encourage the development of parks and the dedication at open space in and adjacent to residential areas. Open space dedlcation Sheol t e proportionate to the size Q?tills development. LLIP-1 6 Preserve Site ctierecteristics that enrnence residential development (trees, bodies of waler, viates,. and similar features) using site planning techniques such as clustering, planned unit developments. transfer or development rights and lot size averaging. LUP-1 7 Allow zone cl'anges wtthlr1 the Low Density Residential category only when specific criteria are ret. Criteria may include. • Substantial changes within zone change area. ▪ Clear mapping errors • Adequate facilities and services(e tl sewer, wren•capacity) t Consistency with densities In the vicinity of the zone change. ..1112'. .6 Osaielciernekst OrtonOnnlsAncmlumnip with corm plan am nmerits run be us&21 wherr-1tia ga tinaLin s 4pe otentiallr lamer W tL1 L r r where 1h he critiodi mav dolts to piece certain LUP-' 9 ev r me ia, nIL'ngt!Qtyrith s ts�►e plan amender nts Chas rl�. u lis+ rgcsi�I:iPl�14�4t ie yri t!air g d Goal LUG-2 Et cOurdge a wide range of housing types and tiensittes commensurate with the community's needs and preferences. Po:Ides LUP- .1 Allow and encourage 6 vanity el fsol sirng types in designated Mixed-tnse areas,. especially to the City Center area Ll.1P-2.2 Use design and performance stencter is for residential developments to achieve integration~ in commercial' and IMExed-use deveioprr'rents Performance standards should focus cn scale, appearance, and compatibility Encourage variations in facades and tooltlnee to add character end interest to multi-family developments. Adopted April 25, 2006 (Updated 12-31-2{3O11) Chapter 2—Land Use Pawl, 'I of 36 Mike Basinger, Senior Planner AICP 2010 Proposed Text Amendments Attachment B CPA 04-10 thru CP 08-10 co or S*olcone va ey Ccmprer►errs'v `ion „11P-2 3 Encourage the development of trori.soortaetion routes and facilities ID serve residenttial neighborhoods.oods. Specie+ at.eritlon should he given to walking, biking and transit uses 1v1er-2 4 Residential development should be designed to provide privacy and common open space Open space area* 151-10 is prtrpoxttortate to the size or the resldentilal development. LLJP-2 5 Consider special development techniques rie,g , zero lot Anes, lot size averaging. and planned uriit developments) in sil g!e-family areas, provided they result Irl residential development consistent with the quality and character of existoig neighborhoods. Lf p.22,i. Confider anti possibly rn itunant or ams fegpl mpr,a as or retention of (y'Id to_ ren sc a lira i if�rarc. _ [eru�as to i Baht$ [ R of purcbaseof deli loomenl 1pQR). Commercial Goals & Policies Goats LUG-3 Transform various commercial business areas into vital, attractive, easily accessible rnfxe # use areas that appeal to investors, consumers and residents and enhance the community image and economic vitality. Pollraaes LOPw3.1 Encourage transformation of Sprague Avenue Regional!Community Commercial corridor Into a quality mixed-rise retail Weal, Retell derelopmenlalong the corridor, exclusive of the City Center, should tie concentrated at arterial intersections and designed to integrate auto. pedestrian, and transit circurat.lon. integration of public amenities and open spec° into retail and office development should also be encouraged 1.011,3,2 e=ncourage large Polk retailers tr locate in the deignated Regional Commerc{al notit aroundc„ . =_l ii7terSe tOM _ T;anis ecionikear n>ritentt +�A_u e: to assure dent ituu►r [t ^ ; d lse rnent and p i � ��y (1 i'clent�#t.•L. b. +a,mfpf Y Y _.-. r Goal LUQ-4 Provide neighborhood and community scale retell Centers for the City's neighborhoods. Policies LU 1 Integrate retell developments Zito sturrounding robidentiel areas With attention to quality design and function. LUP .2 Encourage pedestrian and bicycle access to neighborhood snooping and servidi 75, LUP-+1.3 Encourage retail and personal services to graUP together within planned centers to allow for ease of pedestr`aar movernenl. LUF .4 Encourage Mixed-use resrdential end commercial and office development in Nergrtnorhood commercial designations whore r mpatrnl1ily with nearby uses can be demonstrated 1.1041 5 Erasure compatibility between mixed-l;:se developments any re~,tentaaa areas by relulating tiOght,scale. settaack5.and WW1 Aeopted April 25:2005 (Uprlaied 12-31-2OO13) Chaptef 2--Land the Page 29 cR Mike Basinger, Senior Planner AICP 2010 Proposed Text Amendments Attachment B CPA 04-10 thru CP 08-10 City of Spolt Vahay Cprr►rsroa,,ensiva talon LUP-15.3 Eutahlian end maintain retalions with Native American tribe-5 for thio oro5errvetlon of aarchaeotoglcal sites aria tradltro ei cultural propenes # _ IClae 1 P llrrrrrl9rrlt s heritage throuih interpretive ift ll3. hhltorlC pliktboga.ait �In�nthrnr a��lic c��s�►1� Land Use/Transportation Connection Goats & Policies col 16 Provide a areae system that connects neighborhoods. Policies 1UP-16 1 l ncot.rage new developments, including multifamily projects, to be arranged in a pattern of connecing streets and blocks to allow people to Igfoiy.get around ebeity by low, bicycle. t1u.s4 or s"ar LUP-16.7 Develop street, pedestrian path and bike pain standards that commute to a systema of fully cortnectect 'Cu1tes 1_142.1(13 Reot„oe adequate emergeridy evacuation mute prior to approving nevi 4eaetopment or redevelopment e` l tie.!otrborlwod a rvlCt3s. 6utsli ori aoacB I ILr Y�Clli� rniali+ Chile Joint Ptanning Coate arid Policies ONO a¢ LUQ-17 The City of Spokane Valley should continue to coordinate with Spokane County and neighboring cities for adjacent urban growth areas. I.UUP.r7 1 The City should cootatnate with Spokane County to endure appropriate service provision and lend develaprnanl prior to City enreXat on Meth i5 to eilow for coordination may include, but are not limited to, execution +,f an interlocal agreement between the City of Spokane Valley and Spokane County to ■ , stebll5li guidelines for deveiopmert plan review, impact tees and SEPA mitigation;and • Define service delivery iaspcnsi iiities, level of service standards and capital tacallly Implementation consistent with the goals and policies of this Pi LUP• 7 2 Thresh regional planning efforts, Ma City arra Courtly sheltie erisive that panning is compatible with the Cities of Spokane and Lawry Lake LJP t7 $ The City should continue coordinated Warming a furls between Spokane County, appropriate fire districts, scnopi districts, and Water sergr,ce previews to assure rnanagea growth in ,rrbaan growth areas Potential Annexation Area Goats and Policies Goal LUG•18 Identify Potential Annexation Areas for the City of Spokane Whey that are consistent with the Spokane County regional urban growth area boundary. Policies 1.1.0-'-'18.1 Within the existing urban growth area. identify potential annexation areas that are contiguous to tha city limits and riot assigned to another city. Adopted April 25. 2005 (Updated 12-311-2OiD9) Chap`et 2 ..Lano Use Pepe 34of36 Mike Basinger, Senior Planner AICP 2010 Proposed Text Amendments Attachment B CPA 04-10 thru CP 08-10 City of Spokane Valley Comprehensive Plan LUP-18.2 Coordinate with adjacent cities and Spokane County to review and update the regional urban growth area boundary consistent with the Countywide Planning Policies and RCW 36.70. LUP-18.3 Propose changes to the regional urban growth area boundary necessary to accommodate Spokane Valley's 20_year population allocation. LUP-18.4 The City will not accept requests to annex unincorporated territory located outside the designated urban growth area. LUP-18.5 Complete necessary capital facilities planning for any newly proposed urban growth areas in accordance with the Countywide Planning Policies. Goal LUG-19 Collaborate with adjacent cities, Spokane County, and affected residents. Policies LUP-19.1 Pursue interlocal agreements with Spokane County to support collaborative joint planning within potential annexation areas to ensure consistent development. LUP-19.2 Inform affected residents, property owners, and businesses in the annexation process. LUP-19.3 include language in an interlocal agreement utilizing the tool of annexation, prior to urban development, to control the type, quality, and location of development in potential annexation areas. LUP-19.4 Coordinate with Spokane County to work with affected neighborhoods upon annexation to provide a smooth transition from Spokane County to the City of Spokane Valley administration. Goal LUG-20 Promote orderly growth within potential annexation areas. Policies LUP-20.1 Perform a fiscal analysis and provide a service plan for all areas proposed for annexation. Lup-20.2 Incorporate potential annexation areas in the Capital Facilities Plan including proposed locations for new capital facilities. LUP-20.3 Strive to retain neighborhood integrity in adjusting potential annexation areas boundaries. Goal LUG-21 Develop an annexation process for potential annexation areas Policies LUP-21.1 Evaluate annexations within the potential annexation areas based on the following criteria: • The City's ability, either in house, by contract, or by special purpose district, to provide public services at the City's adopted level of service • The annexation boundary should provide a contiguous and regular boundary with current City limits • The annexation boundary, where appropriate should use physical boundaries, including but not limited to, bodies of water, existing or future right-of-way, roads, and topography • Assessment of staff time and expense involved in processing the annexation request Adopted April 25, 2006 (Updated 12-31-2009) Chapter 2—Land Use Page 35 of 36 Mike Basinger, Senior Planner AICP 2010 Proposed Text Amendments Attachment B CPA 04-10 thru CP 08-10 Exhibit 2 Chapter 3 - Transportation Mike Basinger, Senior Planner AICP 2010 Proposed Text Amendments Attachment B CPA 04-10 thru CP 08-10 City all Spokane Valley Comprehensive Plan FiccCu e_tkte ernQ1l{1# of vel ole Idling within the Gilt/ Ihrvtinh a ist1, 1 f1 l ly r�warx nese. Transportation System Management (TSM) Goals & Policies Goal TG•5 Extend the functional life of the existing transportatiOn system and increase Its safe and efficient operation through the application of TWA strategies, POi c TP-5-t Implement learn: signal synchronization projects as the primary comPone 61 *1 a TSM program, At funding permits, monitoring or traffic operation should be carried out to assure efIiclen' liming of traffic signals TP-5.2 Use ACCela Management measures, auc+ as placing realm-Mt on MI turns across major alerinl streets to redone iteclider11 rates and extend capacity of major arterials, TP-5.3 Co loot araue-seeiTted railroad rmssino where aaprop miss. -54 Ems/waled Ems/orDedeStrians,OicvolistN_ar:r! tie onvsrc.iIiv niI_cl! a tin lis__n_riIr, pocpujat when develooinc slonallred rdersectron5r Transportation Demand Management (TOM) Goals & Policies Goat TG-5 Encourage all Commute Trip Reduction affected and voluntary employers In Spokane Valley to achieve the CTR Act travel reduction gam is. Policies TP-.1 Encourage :arar van-poorirg, tale-committing, rie ibre work schedules and other strateges rdenirlied in the Cl' R to renuce overall travel demand. TPS a _video-conterencinn alio confeta nce rw hits! for; Off-JO,n this wheal l Fralgl-it & Goods Goals&Poi'cies Goal TG-7 Provide for safe and efficient freight mobility. PoNcres -f 1 Discourage development of low•derrsliyr resrderilras development in close proximity to designated freight corridors and intermodal freight facrritles. TP-7,2 Designate appropriate truck routes in the Crly of Spokane Vsttey. 1P-7.3 Design designated freight corridors to Improve traffic how and ire t niotrlllly - Duty Crdl C4 simile anter t. Goal TG-0 Adapt etroot and roadway design and facilities to manage traffic doinand, address the need for freight movement, resolve traffic conflicts, and complement land use and urban features. Palicl a IF-8.t Li in the City's transportatioe, system and Infrastructure to support desired land uses and development patterns_ TP-8.2 Allow for vaaietyf of services within neIgnborhoods tnat are convenient to end mv*elthe needs aril neighborhood residents, decreasing the need for driving. Adoptee Apo 25, 2006 (Updated 741-2005) Chapter 3—Transportsllon Page 27of3 Mike Basinger, Senior Planner AICP 2010 Proposed Text Amendments Attachment B CPA 04-10 thru CP 08-10 City of Spokane Valley Compreherisrn Plan Noii•rnotortzed Transportation Goals & Pallties 22iLT9j Enhance community livability and transportation by encouraging a connected system of pedestrian and tricycle ways that is integrated into a coordinated re Zonal network,, ofrcles Errr~ourage nen-motorized improvemeflta'riT1lICt1 mifl1maa the raged fof residents to rasa motorized erodes by prod 1) access to activity centers, 2 rinkage to trarrsit, para & fide fats and school bus routes; end 3) designating a network of streets tnat can safely ant efficiently accommodate bricyc , int trcoordinate oeveioorneni of the cora-rolonied system with surrounding itaisdIdens aero regional system exilan tars TP-9.32 Provide sidewalks on bola sides of ail arwerial streets as funding allows TP-9. Incorporate pecestran. and bicycle features as design elements In the City Center. TP.914 Work rnriltf other agencies, particularly relatsng to regionally sigrlrflcant fecillties io pursue funding fir pedestrian and bicycle faculties_ TP-9.0 Ensure that sidewalks, shared use pain's and bike lanes aro safa clearly marked and well maln1ained. TP-9,75 Irrclr,as bicycle facilities where practical along arterial roadways, 4$ Prfirarltlze Vis, talks, C yr Centtr Iii alai Lon_s matt faun non motorized ft u44rirt l!TIrIsk tli#rnf l . TP-9.1i Include convenient and secore bicycle parking at 'major desirnailori and transportation cenlees. TP-il f Include pedestrian friendly facilities such as sidewalks (separated wotierea feast In city streel reconstruction and Improvement prolects, and require pedeetrieln friendly facilities arch as skiewalksar 'on m I i- e t ail In all new development. TP-9,114 Reduce obstructions and conflicts between oicyctelpedestrien !aciiliies and vehicular transportation routes TP- . 14 Develop weal, pedestrian pain and bike path standards ccralribute to a system of fully connected routes for enttransportation cies. TP•14,1a$ ,Ful .4- acir+r► 4ilicillaraci rte- w,aloci an Sites-rated Bicycle Master Ptan !hat Wings file scats and design elements for bio ling in the Cilyt. TP-9.11 ri `1 ft1Q ' meal at tatatrilles alike Italie in the Caty. TP•9,1 t. : !gm of inti eee n ori.-oitFr GCortimod3te LrtG},rC.ii Lk.&Fla pedes"Ins_ancf tlta_.ahY1kcitD hear leaf r Ili is2aln i i laiinnes and imerserporra rn a manner(hal is sale, ecCeseibls and convenient �p•9,1 7effr CAy-v ail wMork with lire C iP Programr, to provide Incentive prx>grrns and develop facilities to arttouTrs a employees in lar 1e to work. Transit Goals &Policies Goal TOAD Support the provision of a safe, efficient, and cost-effective public transportation syirri. TP-'i i}_1irk wri11 i TA n er erre drat trine I ahrrii e. tree (xa pigend othw wn nlUes plat suo,porl irarisiuse are orvWei in actorararlate iris for miss oto r system. AaDotedAprii 25,200E(Updated 7-31-2000) Chapter 3—Transportation Page?8 of 30 Mike Basinger, Senior Planner AICP 2010 Proposed Text Amendments Attachment B CPA 04-10 thru CP 08-10 City of Sirrokene Varlet'Comprehensive Plea XOi Work vvirti STA in planning aria devolcrnirrq . alk anti efficient tarot lotging gni) inJoilougait TP-19.3 Suoport nlinuect planning anti developrrrerLpf othar 4 nii<J rolit�r , including b ,t not limited to a blab capacity transit system TP-10.4 Fr .of dI`ue n v h le irr tfi4_0.0&_tlz:n ao l 1d Il: Goal IG-11 Encourage land uses that wilt support a nigh-capacity transportation system. Policies TP-11.1 Ensure that street standards, Jana rases dtztitim and buill+rrg placement. support the facilities and services needed slang transit routes io make Iranslt viable. +ico %hat lrir two +4 Ittitr --bus a4gli5C rrweri44 4� ori12..KAP44c1. Asa attf iAke-cwt .-wA,isw -t Tia-1 i. Sk.isaoft-- -r s-rai a +ill+dr r#ir q-and-dwrr Lopr iFl- -0-h I +ty Ir + l4 ti t - .•1— Fk + rt4-1 Sir Gln-aiaRcFli -ai develapc1:--k #Eil1-eui bayti-on pre w•_ I Ql i ti0r*- TP-11.6, 'Work with TA.le fardllitte_Ngelghtorliooct business areas shoWal-ne-gre served by transit +stem wit- ; e--F erni, OFA TP-71.62 Ensure that App ewiay Boulevard right-of-way FS ih6 width nrrnctssery to accommodate fulure street and high-capacity transit Improveme{its. Aviation Goals & Poi cies Goal TG-12 Support the expansion of general aviation and freight uses at Felts Fietd in accordance with the approved Airport Master Plan. Policies TP-12,1 Entourage the dull development aid utilization of airport properties al Fara, Fiero TP-12,2 Encourage commercial, eduawatronsl and logistical support Industry In close proxl"nrir to ``te airport. Goal TG-13 Encourage land use and development compatible with airport uses and regulated airspace.. Policies TP-13.1 Enforce regulations protec!ing airspace atom encroachment. TP-13.2 D,s curage incampailble lane uses and residential dens 1pe3 aojatent to the airport Rail orals & Policies Goal TO--I4 Support and encourage the continued viability Of the passenger and freight rail system in the region. Policies TF-14 ` Participate with other jurisdictions. to faclliisis sate and elllcir nt rail sy5i ors Adopted Apra 25. 2006(Updated 7-31-2308) Chapor 3- Transportation Page 29 of 30 Mike Basinger, Senior Planner AICP 2010 Proposed Text Amendments Attachment B CPA 04-10 thru CP 08-10 Exhibit 3 Chapter 4 - Capital Facilities and Public Services Mike Basinger, Senior Planner AICP 2010 Proposed Text Amendments Attachment B CPA 04-10 thru CP 08-10 City rai Spokane vet r y Comprehensive Plan Public Safety - Fire and Police Goal CFG-3 Provide police protection efficiently and cost sffe ttv+eiy to Spokane Valley residents. Coordinate with tire districts to ensure adequate fire protection and emergency services for Spokane Valley citlxens- Poipcies CFP-3.1 Encourage irileiliaisdiolionai cooperation among law enforcement agencee and bre dialects to furriler developwhere practical, shared service and facility use. CFP-3 2 °evetop a comprenensrve emergency management t plan that meets tine nes o+ the City and coordinates With rzeonar emerpencv planning eflorls CFP-3 3 Require adequate emergermy vehicle mad art..ss and wale( supply4,tressure for new development within the city CFP-3 4 Encourage properly owners lo create a deferesw$]re space between straures aid adideeni fuels and require that fig rated roofing materials are wed on buildings in forested erns. Water and Sewer Goal CFG-4 Plana for water and sewer service should be consistent with the Sop, Pc'kcies CFP-4 1 Review water and sewer dans to determine consistency with anticipated population growth, future land uses. comprehensive plan land use ix,bcles and development regulations, CFP-4,2 Coordinate ssw+e' planning with appropriate jurisdictions for consistency with the SVCP. CFP-4.3 &ippcwt continued planning rcrr domestic water needs in partnership with water purvoyurs, the Aquifer Board, Washington State Department of Health and the Wasiiinglen State Department of Ecology. CFP-4.4 Encourage pubic and ornate efforts to conserve waterend to tittngle vat li etiocatagaletaarding tau sate and aparupvlate use of the wash trea3tinerit_$ysts 1 ti er....NOT Iatng drains and tollgialsKalmnracauticals..arease drapers.etc). CEPA 5 OLsio rurege new, private arrmestac we s „ in the Spokane Valley City limits CFP-4.$ New devvropmenl must connect to pt.t lss. se,ie-and water CFP-117 'C iirt t. y valet rrtua anal r inwdter tWveginSI lothhoke When itall wire nc;~pLtjf'a a and feasible,. CFP-4 d LmourpaciLtgse34,0 bets water-intensivenative vecaltallon wharitoosable, Solid Waste 0041 CFG-5 Promote the reductiorn, reuse and recycling of solid waste, Polities CFP•51 Establish a Crt.y Halt recycling program to present a positive example of civlo and envi niniental responsibility. CFP-5 2 Participate in updates to the Spokane County Comprehensive Solid Waste Management plan and support its implementation, W Itg ie 1, 4fcintt w 3v st Y- ►erred evante lhrctugfr aha rodsis cr' li9gyctlnncanisters arid other meant Adopted April 25, 2005(Updated 05-27.2009) Cthanter 4 -Cap r. r Facilities Page Bof77 Mike Basinger, Senior Planner AICP 2010 Proposed Text Amendments Attachment B CPA 04-10 thru CP 08-10 City of Swat na vatiloy Cornmhortitme Plan +L.f s to r potion, rr•urie and re rc4111r7 information on 11)&04 wtr its. CFP-5.S Encoura;Ua Abe CAGyattli of s ttosirti ht ri site WACO, Storm water Goal CFG-6 Ensure the provision of stormwater facilities and related management programs Wet protect surface and groundwater quality. prevent Chronic flooding from atormwats', maintain natural stream hydrology, and protect aquatic resources. Policies CFP-61 Require stormwater management systems for new development Cl-P-€2 Create and nmeIemsnt a slerrnwater management plan to reduce Impacts two) urban runoff_ CFP-6_3 Best management practices should be utilized to treat stonrnwater runoff prier Ic absorption of runoff into the ground. CFP-6 4 New devel+apmenl should include the muitlpre uses or fealties, such es the integration of storrnwaler facilities with recreation anti?or open space areas, when possible. CFP.3_5 Encourage the use of alternatives ho Imperviouces. IrJ Ir p QerMeabic Favgf$, Dery le 15_pEIV A A. 51 Fath`..... f } $riiited ordQClroofs- CFP-6,i Consider tron r.irria _las jig rttirll . _I� tlol rr+rtlII Jk COP Itain irig rho buten, crr _Lif hierr lW1 chernicars. U b rel rye Service Ger f Q-7 Promote efficient and cost effective library service to Spokane Valley residents. Policies CFP-7.t Encourage continued free. recfprocar library rvh cis among all Reredos Mien the Spokane region CFP-7.2 Laird use regulalJona should allow sitr'n of Ill rery feciltlles In locaILuns convenient to residential areas. CFP-7.3 Work ccllabotaIlvety with the Spokane trounty Library pli3ltrlci to develop long- range library piens cor;sislarsl with the Comprehensive Pian. Schools Goal CFG•B School sites and faclrlttoa should moot the oducatton needs of Spokane Valloyr citizens, papas CFP-1 t risuelop !and 1) desigrv+lions that allot, new schools whore +hive will beret ••.;+'ve the community CFP-8.2 Consider the adequacy of school facithies when reviewing new residonhol development. CFP-8.3 Assist school dlstrrr:ta In lheir plaaning prem arse , CFP E.�'ewj abors t�iuCdliirrFal andvorratiorlei jnatilutlss s iJeyelno nioncomil itra �'lt�tl rae li!to el ornolitiment daeorturtitles +dcpted April 25, 200(Updated OS-27-2009) Chanter i -Capital Parirltnes Page tOo'72 Mike Basinger, Senior Planner AICP 2010 Proposed Text Amendments Attachment B CPA 04-10 thru CP 08-10 City of Soolcer a vanay Comp-onensW f'ren CFP--5 Coordinate with sctlool $tricte L2 use schotAlajkes as community centers where agpmpri9le. Concurrency moat CFG-9 New development shall be served with adequate facilities and services at the time of development, or within the time frame consistent with state law. Pericles CFP-S.1 Implement a concurrency management system for transportation, water and woe"leatlib Financing Growth Goal CFG-19 Consider a variety of revenue sources and funding mechanisms Including, but not limited to, impact fees, Policies CFP-10 1 Identify and pursue tleurCes or revenue for firming pub' Erns..!.es Essential Public Facilities Goal CFG-11 Collaborate with all Spokane County jurisdictions in determining the beat locations for public and private essential public Facilites, Policies CFP-11.1 Foflow the process for aiUnp essential public facilities as set forth in ti,e Spo1ane County Regional Siting Process for Essential PubtJc Facilities, Potential Annexation Areas Goal CFG-1Z Provide capital facilities to serve and direct future growth within the City of Spokane Valley Potential Annexation Areas Policies CFP-12 I Plan ancf coordinate the location of public facilities and utilities rn the potential annexation; areas CFP-12.2 Considering Fn advance, properly acquisition opportunities for future facilities including but riot limited IC parks, police faculties, s#or nwater facilities, greenbelts, open space, end street connections CFP-12.3 Coordinate with adjacent jurisdictions]n develooing capital improvement programs and studies addressing mulll-}urisdretiona! issues 4,4 Capital Facilities Plan 4.4.1 Introduction The Capital Facilities Plan (CEP) provides en analysis of the lecilitiss and services required to support the future land use and growth projected in the Coomprehensrve Plan, The CFP includes a six year capital protects and a financing plan for facilities provided by the City. The finance plan identlflas specific revenue sources that the City reasonebty anticipates will be available in the year the project la scheduled to be constructed, The CFP includes Level of Service (LOS) standards for each public facility of service and requires that new development be served by adequate facilities. The purpose of the CFP is to use sound fiscal policies to provide adequate public facilities co-nsistent with the land use element and concurienl with, or prior to, the impacts of development, Adopted Apr,' 25, 2O (Updated 05.27-2OOS - Chapter 4 -Capital rac.'rties Page 11 of 72 Mike Basinger, Senior Planner AICP 2010 Proposed Text Amendments Attachment B CPA 04-10 thru CP 08-10 ewe Spreesne Valley Comprehensives Fier 4,4.2 Growth Assemption on =i, •- 4)u+ne 9. I'?, the Spokane County Board of Comrniseioners t$oCCt ape roved al apeilat io ra allocation of geraaleja,74.13 people for the_c y of t Skerte_Vatiey T allocation i the ar 7unl sof people the City can accommodate wehirx its current menicipei boundary. In addltlofr_ the BaCC aectrievild ovaulaIlon a!localion of 8,130 people ror the unincorporated Urban r i;I,JQAs) at llteetilete ttje Cj11 o Qokajie Vakle Spereeneevesee eiees les- t tl liereemill,.,e t 4 lee ereetiesQ Se a Uatlay-ed -f ►ir steam l lloci •- - - - .r. .. 4140- llyee E-riolieseatyeesieirrehiseple egeeeearseursier ther'e-di t:an of Spoke e County, theeefraelersjjjegelkef+ n ifs Identified litrieellsoet U As as Potentlel Annexation Areas (PIACI. The City aleel tl ate tirrtl itervlce providers to twirl Otermlne the_aifeetteenetejelleaketleetInt in trio til of prineeatien ,ape& facilities planning acllviiles within,these UGls wileareadireeiecolliesue to be the Coerity's responsIbffity The following population data is used for capital fadllltlos nlarielnq ppJ1poses _ Popuritroiti Ptolotrinrr Year see$e ase-eoi t Poputatrr, oz,343i01_e5a r 1 724 4,4,3 Level of Barytes Cities are often defined by Ina quality of ttr etierb aro serv'ees that are provided to its residents. Good road sewer and wafer imfraetructure we typical criteria used by buueihesses considering relocation Park and recreation faclitles are irereeeingly ueed to judge the quality of a Cjiy, Businesses Want to locate where they can attract the best employees. and Quality of life issues are often the deciding factor for a poison.to move to a new area Level of service standards are Qtrantiftabte measures, such as acres or parks oar 1000 people, or the amount of time it takes to travel a rood segment during peek morning and afternoon 'rush hours,* the higher the levet of service the nigher the coal This element establishes levels of service which will be used to evaluate tie adequacy and future cost of urban facilities and services. 4:4.3 Concerrrency The Growth Markagerhera Act introduone the concept of concurrency, which requires new de &opment to De served witty adegtuele urban services at the lime of development, or within a specified time thereafter. The GMA allow%slx year" for necessary transportation improvements to be constructed as lortg as a Financial cornmltrneet Is made al the lime of development The GMA strongly encourages concurrency for water end sewer, arid II Is rood public policy to require the same.. 4.4,4 Financing Facilities and Servicoa The City is limited in its ability to finance all desired capital facility protects, Options rpt be available far addressing funding melees or decisions must be made to lower levels.of service for cubllc facilities. In cladding flow to address a particular shortfall, the City will need to belanii current needs versus future growth requiremems; axtsting dvffcJereies vis future nskei& Capital facilities plans must be balanced Ween Iundlr shortfalls occur, Itie Ioriceving oolions should be considered: a. Increase revenues, b. decrease level of service standards. c. decrease the cost of the service or facility, d_ decrease the demand ter the sorviCo of feellrty, Ado bled April 25, 2006(Updated 05-27- O9 Chapter 4- Capital Facilities Page 12 of 7:: Mike Basinger, Senior Planner AICP 2010 Proposed Text Amendments Attachment B CPA 04-10 thru CP 08-10 City of Spokane Valley Comprehensive Plan e. or some combination of the above. Adopted April 25, 2006 (Updated 05-27-2009) Chapter 4 - Capital Facilities Page 13of72 Mike Basinger, Senior Planner AICP 2010 Proposed Text Amendments Attachment B CPA 04-10 thru CP 08-10 City tlf Spokane Valley Comprehensive Plan -1-25:40 1,35:+1E915t 4lsra Le..1101-0-2.a.rvica-A-nalyalit H#lcr N4F5 Cowl Caawti SLS ,�i f 4 M#1I w 5141-ivt+W b 2szs -'al LOS LOS !XIS• 1 LOS: 'r°J-8c4 ft J I 44 -J Lwar1 igwara G - - a II IFRI litiurrtarh 2325 4 sj— A I. +G - a 444itifir iiiy c c - 4 4 4E1, rra.,..r_4.h a4c14 4—NoraUi L. 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G G >R — 0 33 7gi GIF1-MIC* wroo4 iive#4 Ii 4 s - 1iT01k1-rodefgFw r noa, gignEd IE R - A az 4-1 e(441lir S 634.1 :,74.4 t-damp 14 G - as 1-41h.-4-SR 21 2448 ,Iga;al 47 ID 11 2242 N 11414 4lIk4m arm tri. . - G - 2x 1-01.1 f LL iLY3ic1'I'+Y 2a44 WEIrlid 4 Li a. - Adopted April 25. 2006 (Updated 05-27-2009) Chapter 4 -Capital Facilities Page 43 of 72 Mike Basinger, Senior Planner AICP 2010 Proposed Text Amendments Attachment B CPA 04-10 thru CP 08-10 City of Spokane Vakey Comprehensive pian Tab lo-446-IntardaoCtlorl Lavas of-rarvlca ATI a1y +s r— sew- 4a4 aF Bgif{rrl +G4r+iU CrOi}I1-f I LO ✓rJ'11l-lips 11 hW k l Profu l N. 241h-i-e r +ri i nh sl 4 w 8 ; a 44-24 altos 4 Lp.Ei p 15I 20, :i21{. r r�,.F.i1Kin -54.9m1 I 1 + li X II 3.1 2= Mhrhi =0 iMM?Z67 E 8 - h 1----- I 21 W2+4 4-E4eafittneil )-Vey 44k, li 8 14 G. n a +3r6-6 83 -1ParN€b 2446 E±g.,K1 G. C - M 6 xi 3'21.d r 11 27 Nag F FEI G g 1 4 31A4•0- irli 29 2-A:yy k- .11 :7.lk.—'r - a.2 Ka-s,14-1Alowtzity .64.i Flunk-, It 6 m - t 2.11 5 y -$a4lAst 259 G +a (; •. I; 12..r 6'rtnyiegglkmart 1,* F.�Inz RGA ‘43Insd G G C NS A IAAS1).I Puri :vi=e 4.11444 C C. ;: I ail t rpd4 ilf l Thi0rmx1 24.141s !•_i I? F - w - 44 n.. nt*Awac4y ;a:-i aletu F 84 le AroptlwAray fV1Kta E--7-2-1 6 A4 4.Iawit 3)44 2-6,-Err elm Ia E - - it 4ipitttvi AWri+4s naa f+ A fi4 grciaaiv Id@.17 a$3ac :;.4.11,64 4 A 8a Adopted April 25.2006(Updated 05-27-2009) Chapter 4 -Capital Facilities Page 44 of 72 Mike Basinger, Senior Planner AICP 2010 Proposed Text Amendments Attachment B CPA 04-10 thru CP 08-10 City sof Spokane Valley Comprehensive Plan ;;;1110-4,016 liltd-FEHHHOr6t GI of-13 Ondildi-Ad1;14614 .444# TMI SO; ,71}0�- ia-4;;;it q4#;h G37krrii irl7fli# k S 6 ' PreictS a 13 Id1a6kvriy4.lQyi wW4 V4,44 4`g-_' C E3 - E - 0 dg �PicaxJay4-cI 2,.141.-4.144 C F F g 4, al — a-ksa-11 S�Ff 6Ai Pag iilgua Et - -a - 6 @r'S�ii•dy P i-olg. Rcl E c w 1e 1 F G -6t41110011FR 26399 G,tinea E - F _.. a I�ObtC9y''TiTlerTrr9}1 1-0.1w1 4, A Eoadlls a y1 r, A r, Hr�# catty 41V/01121V # 6 LIVtb41gRR �r 6 i- rWH-y11 -J Bain� ii Kris p E44141I€z 1 4# 1`;a� ,'a r 03092. a.oiy,mot a g g — 2&47 4:2. (443101N44 i :CCL -2 hayr.z. i} 6 R C 7ta 14 C.Itse 6,2..?r12.: (South) 244k1 ;1401.5.41411 6 6 F 24 41 G G. G r c 44 Adopted April 25, 2006 (Updated 05-27-2009) Chapter 4_ apil tl Facilities Page 45 of 72 Mike Basinger, Senior Planner AICP 2010 Proposed Text Amendments Attachment B CPA 04-10 thru CP 08-10 owe Spon Spo4 ane Valley Ciit' prs++erasr.,e Plan Yob In 4.7,7 In;tiro 600.-64-o-el all-6-6 itc a4r a4 2-0;r7= u-i4 att-u 3604 +4141 '� 302I 244°a Ittt4164.61116rr C,6041 1:;464,f71 WS tali 4,16434460 Los iri[711/H91A F.Foical 44 1A 221.1 ar-fi!` *,M1 74p.4 .-,W- ¢ G c _ 44 q aea--ik� 1I f 41-+4 1 6 .'. - 14 jpd4 A424.244141-:11+ i1 2w2 rhea. 6 6 - # ii } �Ftl 119Y1 2444 lw C fk - 174 li 1041 ,P6,1-Pl+aas-OVA• 2241+1 i ti - I G 34 1l. 24 Imoilsr44&Alan 1-4d-u+ L +_ J4 414.141611-47-1-S4161,411.1 NOW iyArN G 8' - 14 36 34 IG'*X+1 Afijoluili 7$44 ,p-'e,T LI 13 14 I 46 30 r 0,41111 #-121646 4-la4p- &F�-;4,1f4 �44i4114011111111 i r i 3-22 Iit MEW 41 44 4 F- . AAp M1 1;1640 F6P64 3 G F i} - k 4-14- 4414-44 4,444.4.0.1.1 Z* MI.uJ,14+41° L wli ;446 $-0.1r+04:Y h. b - C 7■ 1444416104I Ar d9l irro 6644 1--7,--.4- P G t - z4.4a7 Milobt3rdF,-{p0h ►4aF iroaai * F A _ FI Ni ithirlOPFM.#aftwoliaM Arm 4--mat 444 C E X - 'a* + A A R I' #i a$ ;IGLU L4pre at A .s - #2 #I a I la M4Parl . Eca 0 a e - R to 4i r.1:ii.11.1..E;.a,:,:all oljt-i, 4rrx 4 C Adopted April 25: 2Oi (U sated 05.27-2009) Criapter 4 -Capital Faei1rties Pagc 4£pfi 72 Mike Basinger, Senior Planner AICP 2010 Proposed Text Amendments Attachment B CPA 04-10 thru CP 08-10 City of spoone Valley Comprehensive Pien 4,1 p'r+o Mon-L-ewel4af-13ervk4-Ar44C 14 iqt R' t yk4 L �CaWfal giDS Nutt R4t1+ i6F + -Ii+ i 0-101 LOS, LOS LI: 1,06T rnfa�l x- k1- !%/Myst-** x004 Abibrhhuo E - g 06 f414fih orri-Erry-i avD4 5= g1 G 1., 24 rf _ la h1te F Frry 1 .Y1 ter.444F as Isrr:igo,tirpry nazi a-,rpgrosa P 0 I. QF4r rttff ao i haat-Pam 1003 e iii E P AO SAL-3 A f 1t`Il: i+ 314 1 a. P F - _ - xb 41 gEgagua4-AGA1115 MR gig.F4 a R - - gr=14,31F ^ ig , ; ,51.0W 0 C : - Ri i3411 k3B144.461-A1ti$Fir15 2426 friuFs4 I R. N - - Q-' S itQju`.I¢T+..,.'f14" 2044 41 i*-6;9+F ii , .; a r 4i 45 ra le- % f,r.1+ A«• f} $Agu44 4 a u G 6 .17 EFS--4.--E�t.3 07 &o€n+i.o f EV;ar1irc {r ..--Mi' 41.RA 4 i± 4 Z 1' PiduC'Farr :I gs Vii ot x A - 4s0v ; *•Figs 4 &+ M P C N F 0 k I I-14 Sivagua-J-GitPa. 22146 64f414 C e C b 400 r'rraip..r4!MEON1244 atif46 Ciiiti6i a Co G #, 4. r - 444 p13 1ue/Rw4. #4u 4iffliii4 is 4 - ✓# - 44,7111 Adopted April 25,2006 (Updated 05-27-2009) Chapter 4-Capital Facilities Page 47 of 72 Mike Basinger, Senior Planner AICP 2010 Proposed Text Amendments Attachment B CPA 04-10 thru CP 08-10 City of Spokane Valley Comprehensive Plan T'RV1=-9".-9Y eT�P9mRVTf4pF4 epi 2}l 2006i°}4�11 -S-S4;1{r 2423 I m um De 1414 Ceikkit G-04-111#44WilL-0841 Phil I R 1 PI Gi $ F� Gl rd @ - + 1 400 ELS - 1.; 51 4.4 IR EP is G a .% ; $r Ht7-J-SJUvaci :64.4• EiGraal G E b E 4-1 -Oa Fi =A- kkiiR4 14 u W i 1 4 S feay 6Sipa! B GG 1 1 40 S.=-1 n2 JL 'Vl th x.,:S 91041 C A + A 114 9+,'6+4 61;97N G _ - F - AlifilFRO 442 Tom:..t`(SP. 214)- 4104 -F R- 0... L1444 719Ws 200); 4-0 244214 G a - c 444gyepliteert � I _GA ti.4 !f` C C 144 .1 Mill{S3#2r;.I Flamm =4 2war/rup ; r k OW 444 R-2 D1 giuk 20 2 siaa.e4. a E e g a w,•-e• Tftrii 4 t-F ## a#i$q7} 2114-1 E 'rtrl F i €: r. t a2rk3IV PragrAsa L :4€4-14481;1-2G1:04 I ` 444 2004 .2-way E4,43F g F - art WV TTan1(j`;201;941 J74SLJ iVar`(444#-R-3,74:4, p+4i 9n A L1 F F# ;CI "4-24 ;101;14 X12 illA i G I 14101 i 4143- 4 2 r-Y'`i 404A &wig I a - - 0 Env -1-Y W 4l € / f&dri Q i 4•p/4444Gi itt r. G - 444 kt,•lP, t.c T 4-as 1r 19 11" Zlaa a;-t„{y s ta-p G r F F F --7 d Adopted April 2S, 2006 (Updated 05-27-2009) II Chapter 4- Caplial Facilities Page 48 of 72 Mike Basinger, Senior Planner AICP 2010 Proposed Text Amendments Attachment B CPA 04-10 thru CP 08-10 City of Spdcane Vakay Comptehen5rve Plan zo41046 al a, I.16r4#miion 04410 COMM 444 LOS 144" S 44141"ml *It 04 7ibW1 A.9@la**ilnW M.ramlia-appwromamtpluiro4 I r 111144..x0 kal rivRla'i 4 v++1 u Sarw_lee ure.tre1a 2QJ4 20..Q 21 :2m r s t 1u i cainot %Lanai MitillaletkMIlleC�o-;1 cLII&1 ,y Idoll MIN i litabilman nril qtr 6 6 0, - 4th it Hlawdish au tratmge P L? C 41411HrflolI] 0111f 1dltrriar,11 gII 4 I - 1411 f E 7C.f11 agil +apex 22-++'+av aterd. E . L IMO 4m.d Fair =: Mt 1vJ a . 11. - I Glx I 2211 2-w�ai a fl c . L urnrSR2? , T Q P' U s at/ Sum V 5 iha.f utiivin kY UN Slut 1J g - I M1I nm ?DO? 4.wiry Molt A A A _ _ I Aro Elorkar ZOO Priry ervg a B - Adopted Apth 25, 2006(OA Di ed 05-27-2009) Chapter 4-Capital Facilities Page 49 Df 72 Mike Basinger, Senior Planner AICP 2010 Proposed Text Amendments Attachment B CPA 04-10 thru CP 08-10 CIty of Spokane Vetley Cmpre.har,sirra?ran lahitt 4 410Er61mili ti Lmilt f,01 horylvalmlyiki Nil larsUN MUM LIgrio0i2.f! Court Ca MA ; tOltla i 4 rouniud rt iLoa rQ l im Ida-rather 1 81tt r at osn -SE t- 2-raw stab G G - - k utrJuih evil EfwrtiFILI 0-1:44; Z°1 f Mg a I R Q LI 2 PiATI,mom B t#02nJ I`P phi Etmripa,r. ROD 41n16I 8 A 4 Mawr NE ?Jimw 3!550 El B y! - phi PuildJoriald .407 iL.YrOY.61.rig C 11 r7. f W10'1301 $ 2-Oen y eic.g Q 5 E _ 1L 3,n+ rtit►o _ attieuttivAD I= B&W liB � ithiliikattne 1 ii_ Ga c. .' —Jona* w &ma ! * $ 1 I ' laktitarti 200aImams n` A $ . 1 t sai 1Lrh 1®erudlsb 2.1213 latittilla P. g r 1t G 1A1.11—Emai 0t1r3 d I EiI 5 8 G _ lath f Emotion! MI Marae A I A Adopted AprIl 25, 2006 (Updatei,0$-27-2009) Chapter 4 - CFS`.kr I *,es Pae SC of /2 Mike Basinger, Senior Planner AICP 2010 Proposed Text Amendments Attachment B CPA 04-10 thru CP 08-10 City of Spinane Walley Camprehen ova Flan tthEk4.36rigursh-ciratrlgvni 1.L'fkEi hurllr In Crrt r� ten 1 X11 2011 Ii CD4 ' 1i1 l 1,211 I.22 LSA LOS 10 WI ti I IMP r tikO ti 4-waf axao $ $ L . =IBM L Ferrer i gait E E A E a 1:f.T! 113.1.11.1114 g51:2004 Z-wav atp7 4 @ E - 11 I5R2? C c 6 .0 T I Z:VI Miami% zoo? 4-wgM ilap .6 $ + Iatraiiiiriti F, I 4>R '._1e10.110 6 6 IA. _ 1 . 2461012441/1 mg kwav ita C Q C C C >rw rt lrarr 9th-32nd lh P�!narltr r i wav•tiv h A 6 a A 3 �Pr ± 101- d p Z4113.1_581.1 air ktvIre mut c c . L i I 240 t? I(+lx Zooi &vial 0 Q Z _ ,32rd t Elaww1te igfa Raul a H 9 $ 1 k ;kw pornon Mira LEL= bail= $ EC i L _ Adopted Apra 25,2006(Updal05.27.2409) Onapte•a Car. ' FaciIll€s Page 51 e' 7 Mike Basinger, Senior Planner AICP 2010 Proposed Text Amendments Attachment B CPA 04-10 thru CP 08-10 City of Spoken.Vebuy Camper*naive Plea Lollit.39 lata lu l It LvigLal.t Mk'Malik 1 1 Ea 2,2ii MUM 1101111Milerl giaial Guillt21 Lsa ii.apa 1alligO al unitau 1.01 lriiiiilfil I :12.011 l I-ti,rii r, lir;0 2rwei sP B 0 r 71 111 I 27- 1LEIJM4 27-1rice} NiAti 1 C e 32nd.0 LFn r,/ 2120 Nsmr A 0 1 1M La i'_S llitKi FST-21)0 4 veal(O r A 8 I Atipkiway d Swim 21ECA Stant C R 1 a8olalr 1110 t 1sILmwrt l I lull 4 l - 0 iEna 291111 Signal A A A • I Bla:ca! P 2Y Ea1 i attea iii2 a a I - I rifoo#Atimarag no amix.gaz LI 12 _ Prwa quata iiir Eigi SAI B 0 0 00 OadleiVi l Dem!!of IW L1I II 13 _ ._. M _ . Acopted April 25, 2006 (LJpdmled 05-27-2009) Chapter 4 --Capital Facilities Page 52 of 72 Mike Basinger, Senior Planner AICP 2010 Proposed Text Amendments Attachment B CPA 04-10 thru CP 08-10 'Divot Spokane Valley Gomarehoris iva Ilan TO IC IDillc a clan o l_rrvui or So.rvic+r AilPillill irtiardAMI raffia 011111111 129'4 "14 Maga la-im l MIliaetOU picks! Lipid hi c rel Our 1 Eireatkvey LF. 12c,ar €407 ;,r°+si Q Q 6 Edi rin'iay 1 Fr;r4 MD i Y411.It iia E a ihtteLle Flora y1 Mtas3g�aesrrl zoa Nonni atti A , glinxictmpilmilitan am _+fit 01 C _ ID _ - IfZint Rawl eli m r Parse 1ciLE? Q u 4{ E p ': LOAN I agocli. r Pelee agQg iSlirtll Z Q _ G , - likoad v/Sullivan 4o0t !x1411 g G , g _ rir !Uniti�rsiallt+lZ b a 6 _ a - F.i . !Mata 2,007 ___ A a 1 V 1 Yaarralew lEta algUllge H I r Paaik efi,131000 &ALM .8 Q , R ] Bucke l Vkata FET-2006 2i a,MOO a €l _ 1.1 _ I Dtaixaian Mica r Enviclith ara /Me RG _ - -M - --- ELebd J P:sr1,, w 2- 'r rstda V B5 .. - AcOptocr Aprrl 25, 2008(UpciAleti O5-?7-?OO9) l~rselp!e: 4- Capita/itat Fa ciiilr_s Page 53 c' 72 Mike Basinger, Senior Planner AICP 2010 Proposed Text Amendments Attachment B CPA 04-10 thru CP 08-10 coy of Spokane Valley Comprehensive Plan r , 2008 21:4 4 s.0s } 4 . i0110 inter entrark IGM at cr l.rol lti ! IH d Los 6�i1'Ina4rrr Pro vs LouI Priantiflar I .ruti543 f Slat/0n E.Q2 7$,v 7r ;I.Oil_ - C I - - I °it% 2004 2-any titan a B _ E . I ati.cidzEasiltanocer EST-21:1015 a_lailt2511 Li 2 a - - I Eudia_wesr i Rana 2.11g1 2101.0102 Et a - s _ - I Etaitd-EDS!1 Flom 200 r 2-way atop B a - I Iona I Even:Keen M =MI $ l - - I Indlme/MIraticau 3211 utig 8 a - B - - EATITIR1 201113Irrul C fi . Q - I }OW/ 1 €T ea 2aUt. Oka 2 2 4 - - I Mansfield i Mrrabujuu mg -tea Ejil c C _ g . I Nils a4+anr Parreit 2,92.4 Ltatno E E A E S Install SlBrlg3 IF�1e&s!an hdtsrrr go 2-w-mv s1aa a - a • . Ih i.,Qa.L I Pane 2CQQyS. ek a 2 _ St - - 1 I melon;B dietr zoQ. 2-Wdvslop ID D E _ I all kil! .Sli PkL1J 2 .+ EY M A A E 6 E A na V xtanalorl I mm IDn I McDOrelcl aflofinal A A _ 2 - 1 lv1�!grs i Mts HI Gcinrl 26421I 20wav slop it G _ g - k Adopted April 25,2006(Updated 05-27-2009) Chapter 4_Capital Facilities Page 54 of 72 Mike Basinger, Senior Planner AICP 2010 Proposed Text Amendments Attachment B CPA 04-10 thru CP 08-10 City of Spokane Valley Comprehensive Plan Tema 4.36 hewn&cite)ri Levet of Sig rvlca Arialvnll6 g cl802_114 2E4 Z 2AN AVP-2915 JlttPrs grti4ll I Count Controt LOS I LOS itf aiod L0Q Mlg3 ital Prv ! ly LOS LOS ldotrglltnr i MIl€6iltn go signal a a - r , I O I.F#rri,i It[y lJ LQrr/EFin MI Spial .0 _ r _ - Mission'f ,iiia 2005 ,Nano' E El - Q - hf!,mslon f Thierrriari ^a •gDia0 2,35211109 Q.. a . A - 2c0a 2-t av sto[t C L - f _ , Mission corm.r Evgraraon 2067 P?grrAI 6 6 g . tylantnamery t Argonne 2495 $,ALLIA Q Q Q E 3Z , rrworr l 1-90 to 7reigt ni rirle li.r 200(1 BM A c _ c _ . morisplim fLiniverslty 2007 p.roviMeg +K Q L Ruler d RA 24.)41 rk{may ei q El $ - c - - Salmi)/.Morlonalot FS1"-20DI3 4-waj sloe, 6 G g - . Seltew r Suillve4 2 YslrJAOQ P a E B I Install Sural Starer dasivion Mid ZNI ung 9 .5 - F . Surrai3im,Adorns gil0 &9n9' 6 Q - Q - E&TR.W5. 4x 24 signal A 0 - 1 - - I SRraaw f Ar crAne 212.111ii ai19Ei 1 U Q a _ - Adopted April 26. 2006(Updated 05-27-2009) Chapter 4- Capliel Facilities Fags 55 of 72 Mike Basinger, Senior Planner AICP 2010 Proposed Text Amendments Attachment B CPA 04-10 thru CP 08-10 City of SoGkan9 Valley Comprehensive Plan name 4.M ltoraattic11LovelrifSirrvlcoAtialvsla —1 1014 21022i aio-2 i5 MB 2A.11ME 9rim rs tfoir Coil OS LOS MI bFatipri LOS hII OS � 4�nS I a, X10 A srn5i A B il F I I SrraqueIConklin 410 54n01 A A - A - I Sprague I Evsrareer1 2E213 n C C ,. I Spropo I Fancleer 24(}FI - - Sraraaue I Farr NR. Sow] A A - I Aar +EI i 2Da5 Smind B B _ I Ifawn 1 1-00 WEI 011 Rau Esq ICI_Df! Zod 6 n 6 - - Sprariue I McDerral I ,s. Jlar C O d III Eattla/AM m arpuir a 15 0 - warm r PantP1»f g V. _ A - sararnan t Pig#:S Mit a 114 D a _ citEicute I P5Igjofs Ma 51c0141U Sere&uo/Sullivan 2igag 5lanal P P _ E I 5;23.410 t irblOttnrot 2004 Srmal $ LB - srague!LlnlvsrIlY WM 5Igr1Sl Igr.I Y1Iaaoprro $ E 6 - - Iairrrr[1 Ops mart avCag 0 6 _ 6 _ Ad Aprrl 25,2006(Updated 05-27-2009) Chapter 4 -Capital Facilites Page 56 of 72 Mike Basinger, Senior Planner AICP 2010 Proposed Text Amendments Attachment B CPA 04-10 thru CP 08-10 City of Spokane Valley Comprehensive Plan Info 419.Ign'pr¢gc Ion Lugol ntamylear►*4rsalysif 2O0 201 2014 ; Q2tt all 12 Imuraactfort Cottla Ccanlr l l Motel I rlltllttat€�d proloc,! E.€S LOS lefa Millar T?icrne? l€10,ko 202 2-wv4ioo A A - S - Treat f Iraeline 20 a51azgl ,i 2 - - Trent f Katie{ &I 2-wav e a 1 _ - West 7 renI 1101E+rerar86TI WOE Sional B S B STV. Timm#Fiona 2t�Ox a•waw moo k E E ElImlrtote NS hltiarampi Treat 1 MMMCDonaIQ 7Q0? 7rWilli elOp C d F til',,- I aapt 1 PI TK 200x1 $ f E BLQ Rocluifut B lgma51f7 Twit d PIPe$ Z0139 &goal g LE - - Treat d Proorg, /O0? 240y stop C' _ e _ IC4'9L "aZl lS'Af] . 1P4 200? Bqpil A a • @ . Tr lit 1 Stitllvaf-S Ramo 2227 =ad 8 AA - RN: TrenU Unuersfty gm 2-wav stop C C _ El1_TU[l f Iittersecinan Trent 1 Vlstz Matt aatIM i R - @ .. _ I wel.feslev d trargln Zt 5 d-wav alcor A D - l _ irVoireliav+FdcDon]ld 24Q 4arrav stag Q L IE _ _ I welraslaw d Pragrem 2OO7 4-my stop A S A A ill 35? d Caulk Areztey StJlswara 20D7 4-way stop 5 Q g MA:AM USIfIw3El 5tanal Adopted April 25, 2006 (Updated 05-27-2009) Chapter 4 -Capital Faculties Pate 57 of 72 Mike Basinger, Senior Planner AICP 2010 Proposed Text Amendments Attachment B CPA 04-10 thru CP 08-10 City of Sp €-ane Vn1ey Conpre lertswe own +11¢I Iertttern l n 1 m� Sf"!ca ij 1 MO +V i' DIA '�tLtlX 1,30E 2010,21111 1Pier I1911 g$ 11 ICCOMPl iiji LOS Pittloatea LAGS al:woe-a LOS LOS Win tIfl 1 I 5111p C. halls I jnEsscllans T I Ua 1:. +. +}.xB ID 2:QQ +tel 15 $ - 8 I — . I ria. Lie)1•'E WS t4arrotr 21421 gAilid U @ . I 19 -1_ E5 Num MA Mall D a . c I Algli_o_illiallinarris MB Mad A @ l g . • I hlli+IMa .gl Ratri2 Ro23 glitiniO C. C I it _ I _ I InSlInnn f Pine' R D D C . _ r- Pifigi.. -.T9Q.E.DNW 2301 DIEM Z L 6 - - I CAIS{J IN f_P MOM Rimq 2221i ;tioflf lr 5 15 - - I gve' een r k9.0 Eli Romp Eat 21/11111 9 a a _ _ I ino111r1, 15ullrvrl.n 2i1E y all.11f G. ! 2 pr1i.Rr1 l-DO WES Finrriv ZiXtt SUM a a C - 9&ttivan 1 i•9O ES Rart% ZVI SIq.n111 t E _ E - I arm/1-fl .Yl.FI ES1-28 2101 6 !E E - ,. _ I I j r ter i'1-2a rill Rash ES1.21:0 Mind A 2 - E _ - d fort Apyl1 25, 2006 (Updated 05-27-2009) Chaptor 4 - Cap,gid ,r,11111es Page 58 f 72 Mike Basinger, Senior Planner AICP 2010 Proposed Text Amendments Attachment B CPA 04-10 thru CP 08-10 City of Spokane Val.ay Comprehensive bran iseitielittfitteteelisaLLwiklellitialletuteeteale 1 - RN Carol#1 l MIt ect d Kt Ric ated Prewel� erelen Count I I Lee LOS 1� I_QS I erthJr4r I inn Tsb 4.38 r a Iks94ryu nr c afffts3 nnr vamnrrr ilrtllrl.r1L ircludei ,-J Limas Nara ainchvw R1120.0420 '*ln1 rnar d 1rr t lav Adv xtgneldn M1EI.but enaiv,iI shim prat call elPa, ,_r, I we= ire_kv orf ROw °'lrtiarrxMareors optima ore still tanderLYJ9 croon . y Iarlicleleettlieliee - - - — Regfonal Level of Service The Countywide Planning Policies require that LOS standards be adopted in accordance vein the regional minimum level of service standards set by the Growth Management Steering Committee of Elected Officials The Steering Committee approved the use of corridor travel time for use in establishing the regional trensportation system The Spokane Regional Transportation Council is aeterrntlning annual average corridor travel time through a travel time study. This study is still in progress and corridor travel time Leve! of Service standards will be adopted upon da completion Uses of Level of Service Standards As measures of trerrsponatlon effectiveness, LOS standards can help jurisdictions identify where and when transportation improvements are needed, and when development or growth will affect system operation Level of service provides a standard below which a transportation facility or system is not considered adequate Level of service standards can be used to eveluale the impact of proposed developments on the surrounding road system- They can also be used tO Identify problems. suggest remedial actions and apportion costs between public and private sources_ LOS standards area cornerstone in the development of equitable traffic impact fee systems, which makes development pay some of the casts far rnprovernents to the transportation irifraslniclure. The Spokane Regonal Transportation Council (SRT ) performed traffic modeiing for the urban area, considering future population growth and distribution. This model examines the performance til the entire urban transportellon system. Improvements to provide for the increased traffic volumes shown by the model el the adopted level of service standards. are included in this plan More information on the transportation modeling based on future land use assumptions is ccietained in Chapter 3.Transportation. Relationship to Concurrency Management Concurrency Involves matching public facilities and new development. The concept of concurrency predates the Growth Man-dement Act for some public facilities, specrfccaltty through SEPA mitigation requirements. The GMA extends concurrency to Transportation facilities by requiring that new deveiopment be served by adequate roads and public transportation service, and that development is not permitted to cause these transportation faeceities to operate below !eve/ of service standards that are adopted by local governments in their comprehensive plans. "Adequate capacity refers to the maintenance of concurrency(WAC 365.195-83 Adopted Apri425,20043(Updated 05-274009) Chapter 4_Capital Facilities Page 59 of 72 Mike Basinger, Senior Planner AICP 2010 Proposed Text Amendments Attachment B CPA 04-10 thru CP 08-10 Cry of Sov+ ane Valley Cornprehensese Plan State Transportation FacitIties Tic Growth Management Act requires local jurisdictions to include inventory and Level of Service information for state transportation facilities in their Comprehensive Plans. State facilities we divided into two categories, Highways of Statewide Significance (HSS), and Regionally Significant Highways [non-HSS). The Growth Management Act requires non-HSS facilities to be subject to concurrency The following table lists State highways serving Spokane County:_Stale Transportation Level of Service The Washington State Department of Transportation Tab's 4.3r stats Highways (1NS00T) requires state transportation facilities in — – – urban areas (inside the UGA) to maintain a minimum Icy Oaaorlptlon Doe Waal n Level of Service standard D. In rural areas 1,90 rn+,raatat-a ar S (outside the UGA), the minimum LOS standard Is "C." Those areas lying outside the UGA that may S11-21 Pens Road I Nes-HSS have urban characteristics can be evaluated by the SH-293 TruniAvenue Nob s WSDOT in conjunction with the City on a case-by- * case basis to determine which standard is tits moat HSS°ter or Startswue Slgntlksnos Nan-t-ISS appropriate fit t r egional +Slpnlllca M Highway Intergovernmental Coordination Transportation pians were distributed for comment to all jurisdictions that may be impacted try, or impact, Spokane Valleys transportation system. including adjacent towns and cities, Spokane County, Spokane Transit Authority, Washington State DCT, and Spokane Regional Transportation Council (SRTC). SRTC has overall responsibility for intergovernmental coordination of transportation plans. Each jurisdiction in the region must submit transportation plans to SRTC for inclusion in the Metropolitan Transportation Plan SRTC responsibilities include; 1) Certifying the transportation elements of comprehensive plans adopted by the County, cities and towns in the region for consistency with the Metropolitan Transportation Plan; 2) Maintaining consistency between Infrastructure plans and land use development plans. and 3) Reviewing LOS thresholds for transportation faciiities in the Spokane Region. SRTC is also responsible for monitoring and evaluating the performance of regional transportation Facilities as affected by land use and transportation improvement decisions: Concurrency management is linked to the planning process_ Any amendments to the comprehensive plans require a concurrency management system analysis and must meet thresholds before their adoption. SRTC will annually assess the regional transportation system with respect to regional concu rrenoy, Capital Facilities Projects and Financing Capital Projects Table 4.38 contains a complete list of transportation related capital protects far the years 2008 through 2013, totaling over 595 million. The City updates the six year TIP throughout the year as pro act prionlies and funding changes. This Plan adopts by reference any updates to the TIP occurring between Plan update cycles The current TIP is available for vievrrrig crime a� www spolcanevagey.org. These projects address capacity issues al intersections and safety improvements_ Following is a discussion of potential funding sources: Funding Sources Funding for the operation and expansion of the City's 'transportation system falls into several categories, which include federal, state and city funds_ Some sources consist of retiable annual funds while others are periodic, such as grants_ The use. availability and applicability of these varaois sources are riot always at the discretion of the City. Spokane Valley will develop a track record with funding agencies as lane goes on, which will heip make to make Mae ramble funding assumptions. Adopted April 25.2005(Updated 05-27-2009) Chapter 4 -Capital Facilities Page 60 of 72 Mike Basinger, Senior Planner AICP 2010 Proposed Text Amendments Attachment B CPA 04-10 thru CP 08-10 City or Spokane VaH y Campranensive Ran A summary of expected federal, state and local funding sources for ma Cpys six year Caput Improvement Program is a►nown an Table 439 The following is a summary of transportation funding options Fecferaf Assistance These futds are authorized under the Safe, Accountable. flexible, Efficient Transportation Equity Ad for the 21'" Century (SAFET A-21) and are ad n nistered by the Federal Highway Administration through iNashinglon State Department of Transportation and the Metropolitan Planning Organization (Spokane Regional Transpectalion Council- Federal funding programs include Bridge Replacement (BR), Congestion Management and Air Quality Q} and the Surface Transportation Program (STP) State As4,Sl noe The Washington Slate Transportation lrrtp overnerii Board adrnfrlisters State transportation programs, including the 'Urban Corridor Program. (UCP). the Urban Arterial Program (VAP), and the Sidewalk Program (SP) City Fundik Spokane Volley contributes revenues from !hi General Fund and the Reel Estate Excise Tax funds for transportation project.. The City also receives Strata Motor Fuel Tax and Restricted State Fuel Tax. tlttit Ca-WW1-Pa lltfa&#nd' lee -1 felt 2009-20-1-4 f $rF41ft +4ieer oei 2 Frofvai Frear Priniry Ctly'Airroorli Teti'ArsuitiI Seli Aniond c. { P 4:11411,4)-1;-;g1 PA-1-1-141.-144- UAP 111? JJ i iba6al 4 Ara 3 €i4i {ia 4 i FrA 3 0.41404-TSIrt1�# i90 E�ir ':2. Xt.c2 CM "r b 371 — 1Gal 4 r t, 7 # #+rte- C=iy 4.17114 "JP;x alictishlair-ilennum Pim'Amid 4.1AF uriviairly Pieposuoil SAP 444rte: jriZtAttlAloaamiiiimIr-Fidorprei- CAT _ 40 { 1l[Irt+wt—uafa[ 4_ Jab 4h.Pfi11�{� 7 9 A +�FY i7err 4#ai rt, ibgii..ii 0 io f+:.+ #5 - • Y1109111y0001 GIk Adopted April 25. 2506 (Updated 05.27.2009) Chapter 4- Capita] F2clii'ies Page 61 of 72 Mike Basinger, Senior Planner AICP 2010 Proposed Text Amendments Attachment B CPA 04-10 thru CP 08-10 City of Spokane Valley Compijheapi'4 Plan 4aEikkgis4litghis .443 14314 1 I - '''+{_ + 1442.4 •e ;q9 Adopted April 25.2006 (Updated 055-27-20109) Chapter 4-Capital Feceh ,as Page 52 of 72 Mike Basinger, Senior Planner AICP 2010 Proposed Text Amendments Attachment B CPA 04-10 thru CP 08-10 City of Spokane Walley Comptehensi,Fo flan - I; 11+l4t+ Proitv3I Five, TO R 1.0.34 Arm LF:11 4 4 P b% Gtr 1_,704 F 44g 44144 mow 4411 i 34,0wAyAkire 1.i00rQ Re$0470710 1.11.72 a.4- a7470 f , alm.w, - !JiiI lio eaft Uw, 2 ,061 T SlAt€1i 1144 41114 4 ' Plerit.rrAgi= Min317000 R ', qtr 44 Fig Reed 81'04%4 441107kkis 4.AP iii 4147 �a FF.i;i, 1: 111 ea4+17f 24 7-40 Pinfairri 2-1 .g1.11A611- 1001 fsiefi ll W &1.I:+iiJi *a 104 1. 1114140 ;s I Et" a1A 1442 RI caimicro.. rt h rhJ....L9i 1r m ii44 a #iii — 4 1ism 44.044 Pm* le 040w►'1l CA,001000,11 7'{x1411 19F1 1+9F 0 IN A.io 11+# S -S4Je+e4 ersw aFF J1Fe+.1 • .- cli.. ;424 '14 44 KIIII 1 r - LIM SFJ 1_.411 l ii Fiera-4000 r614m2001 440010n LI r Pwir 4i a-1errac#efai 1 00 A —. kole eouree -_1 ,..,":4,. . r• - 1-541 7,•a 27 1a -Li A Avorwase Rem TeiMee 610;:i. P41 ;� ga Ail-11.++q T1. rwa1- Qa 1.41 ;a FJ .:r•.J:, 1tF Fits FI IMP Wr 4145 - Adopted April 25,2006(Updated 05-27-2009) Chapier 4 - Capital Ramillies Page 63 of 72 Mike Basinger, Senior Planner AICP 2010 Proposed Text Amendments Attachment B CPA 04-10 thru CP 08-10 City of Sp* ne V.,eikey Comprehensive Dian 14 Of44 . rb *3rFti,f 1 .gym? #4, .F14-AV-3141 Sitio--gm444 Zs Bali i,- 1-,-y 444 44.4 4t ' r:..- 7. S}wavUe 45 [ -346 :moi F 6 401-214arra uralaiat grant To f}FErc ry rte,, ,;, r! I 6i 8oiJFg—a A,ffireiHi) 1 Afrtitoent Rn&Iriarl Fdliiltpv -{icy +.:th4r �,R ra B 144444y Fci±L� 1MUY! 0; 544kilian+quFi:3 Wag!rifUAW. 41% u 400 II Br-er;,4twtry EfriFf1 iilifFiim 6,[4-;P € 2-18.26 a 30 bra Rem P.ofhrF 4i:",r 7P1 44 1401 ;b lilatiyr l-dd#rp1 ' LJJ—fwfy 1 J- 2f<1,-..4. -1--4-44 1 3112.{;b4-a; iyi a3.aadwrw 1ri44�FiJ3 f 244,1 2 CFD 3.7 -32.,./AmmoVwgreen met - ----1, 1/464ligtitop-Lr-243-4 4944 3.2".4 34 STP 1. $48 624 hdaF44•1,-4,-1 FirR-2- $D f",447-r F9 0.11P tr" Aiiii F—C ' F-% :dam Ahaiva$4 1 Ir-441 1-n76-10 1 1 Milo Ptioat Rom Ts Ftpliminty GPiy-Amour' VH I I PO Al ikao4 A fi1Flak 14,4r ih-P'. 'y' 41. r ^2,; 2,-.344 mai gi#144 aG e/ /Pitfall LI Q w"7 r4 rglii.a n�" r4 f 74#i. P 4,44i. PP lad as hey FIS a4:J,PID LiAn 4 to 4 34 ki4444 .1zerle Afilkwwe 41traifiray UAP ilia 044 ' 4 ..-P-B q #2404 1 'niu) ° 4u 3424. 11 192.4-`re . ^iii^ 7 y Bawl 47764 4) ' 24 44 ,t , Adopted April 25 2406 (Updated 05-27-2009) > apter 4-C BOW Facilities Page 64 of 72 Mike Basinger, Senior Planner AICP 2010 Proposed Text Amendments Attachment B CPA 04-10 thru CP 08-10 City sPOCilnie Valley Comp hemi Plan _ . al 2 __ I{d{+f Pfl : Ftam 4 Niles C4y+ Int TAW-Anin-a-aI 15 ' &woo I4M MI 9 g1 Frkinu — 4.T-0 Ort, 4-0 141 gimagEl Wirkillitto 5 +44 PIiM1i4F} {i - Z.1404a ' If, ! :1-:4 ii- E.Mrdnima -loom t-Rizink STIZM ..i r Up,. 44 37" 554t,-r Ii 144.iilkf 34445 . NO5+0.14 42490.1 F**f To PloC-Ily-AnicomilTARSAnfl#f.+ * I Imam it) 141**mill b S.5+pnii4®4aegAii+prkilesissi coo a_ o 077 ` aa' w s I' R + 0+ -"Tr—' IY 4 , ..414;1 4M1 Palm** i At»I k did 1081-5441 1i411 i 44 al r M.r _m 7 #P Mii 4441 44 Cl 4 t;.i t o 1 334 .7 i, i.444004.Fiv . i rl'en:gaiNiiti :# rT {i1i 21 —i—it e 7 a ' AI,.••i eEr.4lvec /will .64-14-64 #- - 3 I 44 4-0.L14 4444104414fi E-124.4 +fit ;lit ..----.¢ AP1t4ifF1-TBlI4 "AI I-4402 Ja1)113 414 5fx- tar Trastilaonalion Capita;Facititles anti Flan Woo Plan 211.2 I ^ u anis . pat fir. Prirnmy S I1V Null 1Roi4 § atee 2_ Mhei teeflE.iiii4ocie ti ter LJAP ___11,165 a. Patin sid-meow-gantem_- , r FIM .1 ___.24§ z,I ? - I T . , .� a 7 .5,fiA - _La_ - _.fes i Adopted Ap ii 25, 2009,lUpdeted05-27-2009) Cnamter 4 . Caviar Facilities Page 65 of T2 Mike Basinger, Senior Planner AICP 2010 Proposed Text Amendments Attachment B CPA 04-10 thru CP 08-10 C iof Spokane'Valley romprelrameme plan • 2 J Uk1Ybl�l 71.Q 1{pE 0+11 E "- _ _ _ Y1' �iS�d4��_�i:�il..w s�'t�� u veli I' ro y E�t�y,'9.7 F _92,1 1 Alb �p r �6rri P -A1lfmal f]1I r F 2.tor 4.eco M819'arinTrA.11 Prunrarn 1 ahale4t"-.r�ss 'Catty Z-.+ + eial rii. a--1, �i,61.E r 24111'014f. Q Table 4r38 51-KYear Transooti;altodt+ ; nitA! FActillioLotici FinfitiGJtii4 Mall 2011 'dollars in tdlosmincisj itgin LEr islet o@senonn Erzusur CLU urns - I Oource timMael &mod F I Argsanile PA.act t F O 1. Trent :11. 1,+3 n am neat Pro nfll, \rt€.1 els I1 1 t: .-i ...1,1;# 4 IFP 1.2 Nwolient :4 . ...: :� �,+;,• Ir! ►'''vary h Chit! _ 767 767 m6liSGf0.i]lr8 d4 TiLfij ice ALJ tialvnn D,c W t13li1ispb f�R 147 19 d I ien. e taa n lu l3H k 12& d14G 2011 Tt5tF1fB: 11.635 Adopted Aril 25, 2006(Updated 05-27-2OO9) C h8pter 4 - Capital F3Citlf;ie'6 Page 66 of 72 Mike Basinger, Senior Planner AICP 2010 Proposed Text Amendments Attachment B CPA 04-10 thru CP 08-10 Citi of sookane Vasey comp henalve,Ran Table 4.38 Six-Year Transportation Capital Facilities andFinincins Pig' ggia (dollars in anti I ik m prolid[7asenaticaf r MI11111 CA 1010 _a _ -. . r n•Masiaka r. r.,. M,w t I1f I . f3rl rl alliIy -Lxa1 AP s 20tl_i .1,5 ffenutitititWeiLligica pe* _ 144a,i 1, FFQ Fiaea is iarhar _ airtui _fa _CIE 17 r -ps t1 ti.-f31�1f[ dwvr L �ItiJlar o , T UE _1.2}2 I [2,2541iftios.-aggimTIPM —. X11 - it I ti T.wi_ _UN ___14.141 , Tsbt4 4,238 Six-Y r T,Lns� ortI iivrl C wi al Faciiitie5 and Financing Plan 2013 . ..I .., 4 -ands • E. Proms 1:I1Iarr. ]i T y--en u... is.--a;-i ia'..t .11-=1' I! °+ K> �L- f .J i'- .dJ 1,1 z _ 1 t d• e__ f.:ca�L.l.O. ..y •IAF 5L'.. , ...,„ ,..,..,i-rrriemmmularnimmi wir....:„ :,PPRIrrirthmiw, m1 El 10T 7:I•' ��l l" I 1r.L' . w tt".ice - I 'r Table 4.38 Six-Year Irans.pOr O/iOn- pita/SAO/ties and finencloaPIap 221.4 A I *: I. i`4 ;: .-1 I... Ala Mie0.124" 70'puan Exam LIU _Mai 1 a_- .- 4:41' :k1"-I i da '1 11 'Ih . •l•._J u ..!J : lk e.11:: 1`.`4. ..:.,.:r I." rilli' r.� t �. • ='a.i .1 eii J !®C, . �. J ;$1.1 11 411 IMIK IM EA. ,mirsmirrtwo,77,L.-.5.Nri!...:-",=.,,, Po 17.Egg_ 7,I! .! I Alinsi .r', a'F opted Aprfi 25. 2006(Updated OE-27-2009) Chapter 4 -Capital Fatiities Page 67 til 72 Mike Basinger, Senior Planner AICP 2010 Proposed Text Amendments Attachment B CPA 04-10 thru CP 08-10 City of Spokane Valley Compfonerismo Pian Table+41,38 Six-Year TrnnsporielliQ11CjipliaIfiitAlltle, arid Finaric1riii Plan 2,914 Ili ; * (fJLt1Jli OY Tag lit.'. ji I MITI it Li_J,..i: .r_e, 41.::14 w !IP • i- �i! 161 Minn 4 050 Eirl ;47177177 I ."f., T-.1f T.rafS:I a 1. 1 _ f F orrik:r7.327-..zottafthimmciwz.wralrvi. ,r ll, . rtl 1.809 Willi ,_1.L,',_ 8.!K f i Trafe�!�rc.1 118,4 , ••," EMI _ • Wal _..,.„I! • "of. [NI•1,aiGue[81 !fl -life .. 404 m Willi , ..i 1, art.1 ,• . - L -- , isi r k. ,. f 1 1117-11=71 i. WI ImgramEaviakwaqii...rirmaynirr.LINIIIIIIIIIMMIIMPTIA ..1.:.ttu3 + — .� .L"°!".•!= EMI NW" ,.p.-t , _Fi: 1 Iia CC r7"1:40111=111 5�111kvarr Ttd I T rfrviss1 wa'r ie2411a E - p.i1 - 1.1!. 11 P P 1 r I , _ i:,.:r �s'r7m�F�+■ .. . ,. t. . - Mi . r. Evetareen to SR. fi IMPIIIIIMIN MiliMilrillirell Tq#►io 4 146►-Thimprer t+n kR 1++95'1Ht11 364 fla}x. i! I_ Mie44f9id Pf*j oie _ 144414140444014444 TOTALS , Y Imo* 4•6w :7s-k- c.at War . ail Cm Ow 4i1" 460 444 46+4 skust OLy- #alai Y;ti: 4 i 4414 G i MI.L/ ;BUB a chary 4466 4. 1444 LIU 4444+ Ma i, + 0,B22. 3101 #7{1 1 ]1 !ii►# ?AO 41424 4.1 • * idW4 ii -, 4441 11 # ,bier, ' 1,2s4 Mk III 4114 44, 2 0 0 ?c710+7 6462 1044 6,1 464 91,271 11,1#1 460b illi I44tl i1i =4 4 0 4 1.40 4 44,444Ittg 410 a 1.14 2 1 1,4444 4.470 44 444 24,40 :;- • 4 • MP Ami i 44444 451 --i42 4x,441 4 k944 car 4.4t ;UN ' TAT":_t FAS Mil 6.1 1 aemii, 1 _ 24.4 6,444 9 PI 147144- SIM ALM Z4_U5,1 1 I1 1441116 MOB B I iihdr 411 Sia•Year itanwoi ailon Imurovrtni iI P O F r+1 241U Strati 2415 NI s l.0 ISvanYietProlec Pltioutftr_t _ T ails Ili Egad 0,14 cmi.v, TI! Fool maii avePItt Nal Flurs sli. et INA 1 ifil 2.U53 ,Ili P** P.16c SAO $,2. 7 54 i0 11•E,0 1403 i4,424 lag titi2 ligAir] i1 i aZ1 ill ig Smi :::I,:r'r S'I1ti i4 !t9 listm 'Lill ll9 110 SIM MU 02, El !! EI Et :i 514 II iI #.1901= RAU Er } ILIA DAJMI 20 `A 14 11 lip I ! Mai °'Or .111 SEM' ;lam LIE 1171222 all IQ U Ali 10 kl PAM M!!1 12L4 _ 1-9 i AU LW Ida 122101 ilei it -P P `•1i 12 ain na UM IW _) ' _ -14411 UM 41612D liat 1,1U1 t:_ 7 _,- _ 4,, 52 541 117.15.12 1,14 'Ff a.' _.. .. y.. 1 I: _ 41, ill, + ; Acopteid April 25, 2006 (Upset 05.27-2009) C'rapter 4 -Capital Facllltiee Page 68 0 72 Mike Basinger, Senior Planner AICP 2010 Proposed Text Amendments Attachment B CPA 04-10 thru CP 08-10 City of Spokane Wiley Comprehensive Pfso -ria - k- r--�_ - , - - -- ° • - - ' '. Pia --.- - out t.tca.!t"Azic#r Witt:n Ex r4: ,+ -' c9�fi!nze `' , r+r0} S Norno Prcjc,t Cz•Lcr:pt'oTI tii41 w......,. a ilea 1. Cri;.ih,a-:r.i,. 1144mila 4-1-141. - - - - - IVr 1-_ _ _ _ _•..-a: — 1414i#0§ 6- flo int'v_': a!! _-- . Ft.,-.7,T .L"t'IC— r _ - ISL I`0- T' '1".r " -" r•-•"` CV'r1.31i%n 7 t - - = Ell ,- .1414(0444W r ..00.014d4ili>Mri a rgf 10 I .rill S};trtirtft e-a413si 4.4.064 i.GFl9 J. li °-agrg1- 14 61, - - . _ Mot i 63-4,12 - - . - _ - _ _ • –T p�5r+�nFFi4 _ - *TOTAIxt - #4 i ::, :., o ltiwflhln x Al - , 4 .i •r. pigierit91 iii'i. ri - Total Coat ILO_ imilve-EvtW 10 Ratrpollend Wan to three lines+wVtll ae.11 __ - 4Cl.+ INUi A ilEI 1-Csmih ry too Hli+rna iiilitAtLislichikhaillmisiblittgi& 2..4 _C+x MaPddri PhAaia 2 -Park _t}acktl9r curb __ _ _ ■____end ti12Q.K Aire Aveni a Pres 3 -Pleldeti Ise #tura .6+-ijajattlaIr ctimahal with ct> .utt# rs lake - 4.167 09 Auplovirdv E::rttt n54on- E' a men Wig rnollt-leric I7 T rirralf to dl;xw intiuKliittt 'y lka4. 1 ,2 {7 Reconr;trud!toV- f9➢edW V J M. Fa_ liksyia,k,k LL IL Of ' `.I?. f i:win in ¢I,3wav 1:tormw;hrpr IDar LBal-:4 .1x'°1_ EJ'i+ Li- i3 ' w�o #+aConstruc1 ton -R,erae curbod a.i�l+riiil Qlag-00 }ntersEsorre PCC ReC4R5irLlC!Irtlr}r9�8 tions oing. 1M I Broae weir Ave- Wjo' l4 Dart aecanetruit sv 34unes.. FIorD to Parker 6.824.l]Q_ iCaniahan Truck Lae-191n IQ c.rtv Lirrets, katElfika.11.1eLltraagi f t= Adopted&April 25,2006(Updated 06-27-2009} Chapter 4 -Capital Facilities Page 69 cf 72 Mike Basinger, Senior Planner AICP 2010 Proposed Text Amendments Attachment B CPA 04-10 thru CP 08-10 city of Spekaine Valley comprererrb,w Tan f .11;110 A4'L1 Flt{ai_(i _Eii jt ErrcIkI EtgJiLL j i1 f' W I ridgrorxlruc trier aL4snia,_sinoiAlossIl yyq.- 1„_:1 - .M -':1..L' tk 'iligI'SJ i.r.:r 3 ,9.;,.`;i 15. IV, i IL 5. 15.01) Kiernan iciatitivan PC.0 13+ istrurg ld lrl EC..0 1,350.4li park Road-13-&vrac tg BERailnagetttalaallanagabliteti PrOicheaf line arterial airlift!1rrlL1t i&uFb!and atrfewnl 1241 00 I 1 , insl rr.!TS:Sc lar tti C$�rII184 Crniy+S t 'n lQ CZ}r-11 irir 12111.0110011.0 Ioirtletracl rri(Mull Iant S# 27f Ina J11J!r trigtrystpDi $alaillikall - - UPalveraINISrrr r.u 2 lriettSalFI ilii WILT rQrtl'a9 fa ' — ariefeadieralseinillifeen 2 'i{ I4L - ` 6.47 ryr 7�M11Lll. Potential Annexation AreaelLirban Services The Growth Management Act requires that cardnties designate urban growth @item; Walks) –he City of Spokane Valley Identified lands adjacent to the City within existing LtGAs that would likely be developed for urban uses and potentially be annexed Id the City. in order to assess the need Por caprli'ir1 naciltlrc me City nes identified exIsling service providers within tine f'o.enLal Annexation Areas tPAAst Toss assessment shoolc1 help Iden:Ify the aleds a potential annexato) area will have on ex sting levels of service. Tib•&4i parxlIne ulna Service Providers wfth's Pa ntsa A rri z.rr' n Amu(PAM} PAM tionrtiwocni Ngr1hs i East Sarulhooit 5atutra Porrd*foie FdgetMf!' 1 ■ II- iF_DIW143 Fla./whit, Fc Iffs.141 Lee Eriirrizintril Swish,Coos Spasei Covirt • Some Carer StNiferFe Catilt SrAlkiMa Calieje SPailli CAUPti 50.14169,1i6 LitrAdiei st Lira*• EC Leri-Try elkii–.1.-IC tibial"(Crist 6 C Llerry. Deg S C.LitiOry tint b.0 bey Cie. a C Libre-ro Phi. Nkailic%Ins NO MI6* Will 1.4111.68 No mile* Not Ei.gagaS Not ingliAlga Not nailehl tar •wr, Smikani Conk Spokane Cm.nly Wait COilti ftnt Sew ed MobslAgn.t Y Spokane Utility SokOrieCfogy Siam emit? Sveek Clewing Spoken' Tremportation ..vire County '�... i ,I Corgi" - , , s The City of Spokane Wiley has adopted Levers of Service (LOS) to measure a public facility or service's operational characteristics tog4ugs Ill& performance The foiiovvkiganalysis will assess current le'v'els of service In the PAAe to provide a coritext of how annexation could affect the City's LOS and provide guidance for phasing of annexatior,.a. Additionally, the analysis will provide City staff and elected official information to assist in the planning and budgeting of puelic service delivery as a result of annexation to the Ciily of Spokane Valley The following study rricludas LOS tttrislysts for Sanitary sewer and parks ar'c open space. Analysis is.not provided for services wnere Inc City his adopted the minimums regiorral LOS- Services excluded from Ifrls analysis are domestic water, fire protection, law enforcement libraries, public saiao]s, public transit sanitary sewer. soiid wast&recycle. storm water, Weal cleaning.and transportation Adopted AO 25. 20P (Updated 05-27-200'9) Chapter 4 -Capita; rs,:"sliii Page 7ef of 72 Mike Basinger, Senior Planner AICP 2010 Proposed Text Amendments Attachment B CPA 04-10 thru CP 08-10 Exhibit 4 Chapter 7 — Economic Development Mike Basinger, Senior Planner AICP 2010 Proposed Text Amendments Attachment B CPA 04-10 thru CP 08-10 City of Spoieane v iiey Comprehensive Plan Policies EDP•2:1 Develop appropriate urban design and infrastnrctire standards for the Crly Comer area EDP-2 2 Develop zoning, permuting, and incentives that encourage prioritized development consistent with the SVCP EDP-2-3 ,Fmte moot develporneel resourc _InrOugh .pts r1 ctrin. iite iii RRISte lta. Goal EGG-4 Promote the development of a qualified labor Force that Is globally competitive and responds to tate changing needs of the workplace. Policia EDP-3.1 Encourage the region's world-class education c onsorliiirn EDP-32 Encourage post-eecondery education and technical schools to locate and expand offerings within the City of Spokane Valley. EDP-3,3 Encourage community colli and technical schools in the development of customized training programs for businesses, EDP-3.4 Encourage K-12 education to Include skills-based training end creative partnerships with business, EDP-16 Encourage public/private parinerships in training and education. through continuing employee education, EDF-3,0 Encourage cooperation among businesses, schools, labor unions end other orgenizetlons In developing job !raining through apprenticeships, mentoring and other programs. DP-3 7 Pr frm eep_oritinItier, that ernoloy Spokane Valley residents in Spokane Valley[ Goal EDG-4 Encourage regional tourtemt as a sustainable provider of jobs and in arloots . Policies EDP-4 i Encourage 'Me coveiopmeni of a cornprenenstve tourism prornaiican plan that supports the marketing efforts of regional tourism agencies, attractions and everrls.. EDP-4.2 Encotwage the development of local attractions. recreational, cultural and spores everts which take advantage of the four seasons, EDP.4.3 Encourage and promote the marketing of appropriate facilities €oat are consistent with Spokane Valleys tourism objectives. EDP-,4 Emend and aevelop neighborhood and regional linkages and improvements to the Centennial Trail and Spokare /River Frontage.. Goal ED -6 Collaborate wtth outer governmental agencies and the business community to promote a sustainable, strong, diverse and healthy regional economy, Polities EDP-6.1 Improve the effectiveness of capital improvement programs by encouraging greater con;rnunicetion and coordination between local governments and the ilvate sector. EDP-5.2 Develop and implement strategies to identify and use appropriate Federal, State and regional econornlic resources and incentives. Adopted April 25, 2006(Update 7.31.2008) Chapter 7—Economic Development Page 15 of 16 Mike Basinger, Senior Planner AICP 2010 Proposed Text Amendments Attachment B CPA 04-10 thru CP 08-10 Lary co sookane Vaal Comprenens Flan EDP-5 3 Encourage ane continued supper/ and funs ng of Yf duty reserves and National Guard componenls ref tfNu United States Armed woes. EDP-5.4 Collaborate wart other fecal governments and business organizations in promoting iogisieiion in sin of economic development when apprcbriate EDf�-' : n uric l�ftti rtkfs2_1542;lltictDatri.ri In C I nitOtk I~tOWn fEx latah ttEl E ; M,Wi JAMUL hies l t in tbair oppitr tOs EDP-526 6 u rffIttl delmiloWLV11,9,Le.14ltyltirklitteticfri in Is` uit loradrcsnneati Goal ED -6 Establish a balanced approach to environmental sustainability which complements the utilization of area resources and economic growth. Policies EDP43 1 Encourage the retentlonp rlevelopmeni and ree+rultrnent of environmentally frtandly businesses, EOP-6. Encourage programa that foster and promote suslelitabte ttualness practices ifiCoulrfat the develoontaiatS law to:ftnologlak Goal EDG.7 Maintain a regulatory environment that offers flexibility, ceras{stency, predictability and clear direction, Polioles EDP-7 1 Evaluate, monitor and Improve development alanderda to promote compatibility between adjacent lend uses; and update permgl'ng prcoas$ee to ensure that they are equitable. ccst•eflectl+re, and Oxpoditious. FflP.7.2 Review development reguletions periodically to ensure cisrily constster ;y and predlotal3illtr, Aonpted April 25. 2006(Update 7-31-2O0Ef Chapter 7 —Eonnornro Development pager 16 of 16 Mike Basinger, Senior Planner AICP 2010 Proposed Text Amendments Attachment B CPA 04-10 thru CP 08-10 Exhibit 5 Chapter 8 — Natural Environment Mike Basinger, Senior Planner AICP 2010 Proposed Text Amendments Attachment B CPA 04-10 thru CP 08-10 City of Spokane Vey Comprehensive Pian NEP-8.5 Land use regulations/decisions should consider density transfers, transfer of development rights. bonus dehsrty. natural wetland preserves, wetland banking of other mech.ar+ems to retain wetlands whenever possible NEP.B.6 Encourage publiC and private groups to consider prosection andior acquisition of wetlands and their buffer areas NEP-B.7 Encourage the preservation of wetlands associated wilt wrfdirfe habitat corridors identified by accepted sckentirrc Mandards Aquifer/Groundwater Goal NE -9 Strive to prevent water quality degradation of the Spokane ValieylRathdrum Prairie Aquifer. ,17,ncroutl.ge. le OpytOGMBritat On traer-jurigivion40 long range plan to manaoe yL alhdruni Pr�lrfe Aquifer. Goal NE 1D Endeavor to protect groundwater quality from adverse development impacts. Policies NEP-1C 1 Participate In cooperative surface and groundwater management efforts wiin other affected Jurisdictions In the region NEP-10.2 Consider edooiirt©.dulatial s tpptjiica dr pliminple the impact or land uses that pose■ria�l to crry , NEP-10.31 Strive to retain floodpluins end associated wetlands in its natural condition Fish and Wildlife Goal NEG-11 Strive to preserve, protect, and enhance fish and wildlife habitat. Goal NEG-1,2 Strive to minimize the impact on priority species from habitat alteration and other human activities. Policies NEP-12 1 Utilize best available science in managing wridllfe habitat. NEP-12.2 Strive to preserve and enhance naliwe vegetation in riparian habitats. NEP-12 3 Encourage the use and preservation of native plants In residential and nonresidential landscaping. NEP-12 4 Foster the protection or wildlife corridors In publicly owned open space where appropriate. These areas should use native plants That support native species of birds and animals where appropriate NEP-12.5 Encourage informational anc educational programs and activities dealing with the protechoc of wildlife. NEP-12.6 Land use regulations and cec]sions will consider der;s ty transfers, bonus density, nature area preservation or other innovative mechanisms to retain fish and wildlife habitat areas NEP-12.7 Development proposal& and tneir design shall consider the retention and rna'rntenance 01 critics! fish and wildlife habitat areas and wall provide buffers to protect =riders and water habitats NEP-12.8 Coordinate with Washington State Department of Fish and Wildlife ir+ planning end management of fah and wildlife ryabitat resources. Adopted April 25, 2006(Updated 7.31-2008) Chapter 8—Natural Environment Page 22 c! 24 Mike Basinger, Senior Planner AICP 2010 Proposed Text Amendments Attachment B CPA 04-10 thru CP 08-10 City of Spokane Variety Comprehensive ?len NEP-12 $ [iCovr iq r the pgblic acquisition aro#fior gsotecroa of sensitive'habitats Including but not limiteKd to wetlands and shorelines, Flood Areas Oa$ NEG-13 Work to identify watershed characteristics that affect frequently flooded areas. ,� sl NEG-14 Assist in the management Of frequently flooded areas to enhance environmental quality and to minimize the risks to life and property. Foams: NEP-14.1 Fr }uently flooded areas and marshes should be used as forest. wildlife habitat, opera space, recreation and other appropriate uses whenever practical, NEP-14.2 Require Me maintenance protection or restoration of natural drainage systems and use bioengineering techniques rather than structural solutions where possible NEP-14.3 Development should meet the objectives and requirements of the National Flood Insurance Program for reducing floods hazards and minimizing flood losses within a 1O0-year flc dpla9n.. Geologically Hazardous Areas Goal NEG-16 Development should be discouraged in geologically hazardous areas unless it can be demonstrated that a hazard area can be developed consistent with public health and safety. Development permits should be conditioned to mitigate certain hazards. a4 NEG-Iia Geologically hazardous areas may be used as open space for recreation, forest, wildlife habitat and other uses as appropriate. policies NEP 16 1 LIMA clearing and greding activities in geologically hazardous areas- NEP-18-2 Development proposals within geologically hazardous areas should Include an erosion control plan andfor stabilization plan prior to receiving approval. NEP-16.3 Land use regulailons and decisions should consider density transfers, bonus density, nature halt preservation or other innovative mechanisms to retain geologically hazardous areas in a natural stag* whenever appropriate. Surface Water Goal NEG-17 Encourage the continued provision of both adequate quantity and quality of surface water for Spokane Valley. Goal E -18 Encourage land uses that are consistent with long-term protection of surface water quality and quantity In Spokane Valley. oral NEG-19 Collaborate with appropriate public and private entities to help restore the water quality of the Spokane River. poi:cie NFP-l9 ' impacts of a development propoeaII upon surface water quality shall be considered before development is approved, 7.-2-wposats may be necessary to protect water quality (e.g. blolill:atiers --arae runoff and address erosion control and sedimentation NEP-19.2 Update the Cflyie interim shoreline management program. Adopted 41 25, 2006 lUpdated 7.31-200181 - - Chapter 8—l:..:_'_` • . ,meat Page 23 o' 2 Mike Basinger, Senior Planner AICP Spokane Valley 11707 E Sprague Ave Suite 106•Spokane Valley WA 99206 509.921,1000•Fax: 509,921.1008•cityhall@spokanevalley.org Memorandum To: Mayor and City Councilors From: John Carroll,Chair-Spokane Valley Planning Commission Date: February 25,2010 Re: Planning Commission Findings and Recommendation: CPA-01-10 through CPA-08-10 BACKGROUND The Spokane Valley Municipal Code (SVMC 17.80.140) includes a comprehensive plan annual amendment cycle that runs from November 2nd to November 1st of the following year. Applications received prior to November 1st are typically considered by the Planning Commission in the first quarter of the following year,with a decision by City Council in late spring/early summer. All parts of the comprehensive plan can be amended during the annual cycle. The Community Development Department received one request for a site-specific comprehensive plan amendment for 2010. The city initiated two site-specific comprehensive plan amendments. Sites approved for a comprehensive plan map amendment will automatically receive a zoning designation consistent with the new land use designation. The 2010 comprehensive plan text amendments include amendments to five comprehensive plan elements: Chapter 2 -Land Use, Chapter 3-Transportation,Chapter 4-Capital Facilities and Public Services,Chapter 7-Economic Development, and Chapter 8-Natural Environment. The amendments may also entail minor changes to other elements referencing the proposed amendments. The Spokane Valley Planning Commission conducted a public hearing on February 25, 2010, to consider the proposed amendments to the comprehensive plan and use map and text. After hearing public testimony,the commission made recommendations on CPA-01-10 through CPA-08-10. The planning commission's findings and recommendation on CPA-01-10 through CPA-08-10 are summarized below: FINDINGS 1. Notice for the proposed amendments was placed in the Spokane Valley News Herald on February 5, 2010 and each site was posted with a"Notice of Public Hearing"sign,with a description of the proposal. 2. Individual notice of the site-specific map amendment proposals were mailed to all property owners within 400 feet of each affected site. 3. Pursuant to the State Environmental Policy Act(SEPA-RCW 43.21C) environmental checklists were required for each proposed comprehensive plan map and text amendment. 4. Staff reviewed the environmental checklists and a threshold determination was made for each comprehensive plan amendment. Optional Determinations of Non-significance (DNS)were issued for the requested comprehensive plan amendments on February 5, 2010. 1 of 3 5. The DNS's were published in the city's official newspaper on February 5, 2010 consistent with Spokane Valley Municipal Code,Title 21, Environmental Controls. 6. The Spokane Valley Planning Commission conducted a public hearing on February 25, 2010,to consider the proposed amendments. After hearing public testimony,the commission made recommendations on CPA-01-10 through CPA-08-10. RECOMMENDATION File No.: CPA-01-10 Description of proposal: Comprehensive plan map amendment to change the designation on parcel 45182.9010 from Low Density Residential to Neighborhood Commercial with a corresponding zoning change from Single- family Residential District (R-3) to Neighborhood Commercial (NC). This proposal is considered a non-project action under RCW 43.21C. Proponent: Bernardo-Wills Architects-Attn: Gary Bernardo Location of Proposal: Parcels 45182.9010; located on the northeast corner of Park Road and Broadway Avenue; further located in the south half of the northwest quarter of Section 18,Township 25 North,Range 44 East, Willamette Meridian,Spokane County,Washington. PC Recommendation: Change to Neighborhood Commercial (NC) and zone to Neighborhood Commercial (NC) File No.: CPA-02-10 Description of Proposal: City initiated site specific comprehensive plan map amendment on parcels 45114.9009 from Parks/Open Space (P/OS)to Heavy Industrial (HI)with a corresponding zoning change from Parks/Open Space (P/OS)to Heavy Industrial (I-2). This proposal is considered a non-project action under RCW 43.21C. Proponent: City of Spokane Valley Location of Proposal: The proposed site is located on the west side of Sullivan Road,approximately 1600 feet north of Indiana Avenue;further located in the north half of the southeast quarter of Section 11,Township 25 North,Range 44 East,Willamette Meridian,Spokane County,Washington. PC Recommendation: Change to Heavy Industrial (HI) and zone to Heavy Industrial (I-2) File No.: CPA-03-10 Description of proposal: City initiated site-specific comprehensive plan map amendment on parcels 45013.9104 and 45013.9105 from Community Commercial (C)to Heavy Industrial (HI)with a corresponding zoning change from Community Commercial (C) to Heavy Industrial (I-2). This proposal is considered a non-project action under RCW 43.21C. Proponent: City of Spokane Valley Location of Proposal: The proposal site is located between Sullivan Road and Industrial Park 1st in the Spokane Valley Industrial Park. It is further located in the west half of the southwest quarter of Section 01,Township 25, Range 44, East Willamette Meridian,Spokane County,Washington. PC Recommendation: Change to Heavy Industrial (HI) and zone to Heavy Industrial (I-2) File No.: CPA-04-10 Description of proposal: Chapter 2 - Land Use: New policy language will address development agreements in association with site-specific comprehensive plan map amendments. Text edits also integrates policy language to supplement existing goals to support acquiring open space, publicizing the community's heritage, and connecting neighborhoods. Applicant: City of Spokane Valley, 11707 E Sprague Ave,Ste 106, Spokane Valley,WA 99206 Amendment Location: Text amendments to Chapter 2-Land Use will have citywide implications. PC Recommendation: Adopt amendments to Chapter 2-Land Use as proposed by staff. File No.: CPA-05-10 Chapter 3 - Transportation: Map 3.1, Arterial Street Plan, will display the federal reclassification of Conklin Street and Indiana Avenue. Map 3.2, Bike and Pedestrian System, will display newly developed bike and pedestrian 2 of 3 infrastructure. Map 3.7, Local Access Street Plan, is new map identifying future access streets within the City of Spokane Valley to improve connectivity and emergency access. Text edits will integrate policy language to supplement existing goals to support linking facilities with non-motorized transportation routes, increasing the percent of total miles of bike lanes in the City, and encouraging fuel-efficient vehicles in the public transportation system. Amendment Location: Text amendments to Chapter 3 -Transportation will have citywide implications. PC Recommendation: Adopt amendments to Chapter 3 -Transportation as proposed by staff. File No.: CPA-06-10 Chapter 4-Capital Facilities and Public Services: Amendments will incorporate changes in the 6-year Transportation Improvement Plan (TIP) into the Capital Facilities Plan to ensure consistency. The level of service (LOS) table will be updated to identify a six-year and twenty-year level of service analysis for all arterial intersections in the City of Spokane Valley. Amendments will also update the growth assumptions to reflect population allocation numbers approved by the Spokane County Board of Commissioners. New text will integrate policy language to supplement existing goals to support water conservation, recycling, limiting harmful chemicals, and education programs that result in local employment. Amendment Location: Text amendments to Chapter 4-Capital Facilities and Public Services will have citywide implications. PC Recommendation: Adopt amendments to Chapter 4-Capital Facilities and Public Services as proposed by staff. File No.: CPA-07-10 Chapter 7 - Economic Development: Amendments will integrate policy language to supplement existing goals to support local businesses,living wages,efficient practices,and clean technologies. Amendment Location: Text amendments to Chapter 7-Economic Development will have citywide implications. PC Recommendation: Adopt amendments to Chapter 7-Economic Development as proposed by staff. File No.: CPA-08-10 Chapter 8-Natural Environment: New text will integrate policy language to supplement existing goals to protect the aquifer and priority habit species. Amendment Location: Text amendments to Chapter 8-Natural Environment will have citywide implications. PC Recommendation: Adopt amendments to Chapter 8-Natural Environment as proposed by staff. ADOPTION OF FINDINGS: The planning commission is required to adopt findings of fact(Sections 17.80.140) when recommending changes to the comprehensive plan. Each staff report contains findings applicable to the particular request. At the conclusion of the hearing for the comprehensive amendments,the planning commission, by separate motion, adopted the findings of fact contained in the staff reports for CPA-01-10 through CPA-08-10. Approved this 25th day of February,2010 p di(7 JOhn Carroll, Chair City of Spokane Valley Planning Commission 3 of 3 VA. 4. CITYHALL@5POKANEY .;, ate -. Department of Community Development Planning Division 2010 Comprehensive Plan Annual Amendments March 30, 2010 Lead Planner: Mike Basinger, AICP Planning Team: Christina Janssen Planning Manager: Greg McCormick, AICP ITY HALL@ POKANEY Department of Community Development simane vale Planning Division 3 Site-Specific MapAmendments • 1 Privately Initiated - CPA-01 - 1O • 2 City Initiated - CPA-02- 10 - CPA-03 - 10 C ITYHALLr¢S,0KANEY .;, inane Department of Community Development .:.,�:' . L S. v ; i Planning Division Comprehensive Plan ,...., _...„.-- „,--i_ _ ..±- ,-..,-,- PC Recommendation: Change Comp Plan designation to Neighborhood Commercial and Low Density, Residential zone Neighborhood Commercial 1 C'eiitennial Middle w Park/Open Space 4 g i Palk Road Peat , AL Ea Low Densitj-Residentiall CP- -01-10 I d Low Density Residential ii d�cav — 13roach;ay $roadw + Tei lil.i•eii.li ilod ..... iiie •i IIl C ITY HA L L@ 5 POKA NB' .;, inane Department of Community Development i .:.,. ' . N .A Planning Division . Comprehensive Plan . . & PC Recommendation: Change Comp Plan designation to ,41 Heavy Industrial and r� , I zone Heavy Industrial OP' p 4 a ... :I; all. L... ti..,ct�L h - -t tLD __ __ _ _ .la r in ag FD and Park/Open Space ' —` CPA-02-1O Iiii ---- - -- - Mixed L se 1 00;3,r ofit 4 rf,„„ Pal k. :..open ' t]:lic'' Hest 'Milatifl CITYHALLr¢SP4KANEv inane Department of Community Development .._' .. �• - Planning Division Comprehensive Plan - I- -iir 1 16,,,M1 PC Recommendation: Change Comp Plan designation to Heavy Industrial and zone Heavy Industrial � � � 03-10 g il -- --- • • ... . ... 4 ,- ..... • - ,..,..„, • . . .,.. . 1 1 . .. . .. • Ilok...... :. ..:: . :.::.-.:. ..... . ... . .. . . .....:.- ii.in ':::6;ctinilmilit:I'' •:•..• i Cf_oin�nei°r>i I a industrial @ V. 14 3 i A' 1 M P .7. .....::: ..,•,•,..:,,,:::: ,,,....:.:... . ..... ;„,..7.f:,..„ ... Ap . • ,m ,2 g 1 411 -J itieaTLIM X 2, ig lin iielid �_ - J-;IT/11d F CITYHALLr¢SP4KANEv ��,�.;, Department of Community Development Planning Division City Initatel Text Amendment • CPA-04- 10 (Chapter 2 : Land Use) — Add policies for Development Agreements • Site-specific map amendments — Supplement existing goals to support • Preserving open space • Publicizing the community' s heritage • Connecting neighborhoods with bike/Pedestrian paths Spii ale` '1'A' Department of Community Development jVaIk3' Planning Division City Initiated Text Amendment • CPA-OS - 10 (Chapter 3 — Transportation) — Add reclassified arterials (Map 3 . 1 ) — Add newly developed bike facilities (Map 3 .2) — Add new map for the Local Access Street Plan (Map 3 .7) — Supplement existing goals to support • reducing vehicle idling — synchronizing traffic signals • linking facilities with non-motorized transportation • increase bike lanes • coordinate with STA to improve public transit • transportation choices for all users • Commute Trip Reduction (CTR) CITYHALLr¢SP4KANEv .;, Spokane -. Department of Community Development �'4aIley Planning Division City Initatel Text Amendment • CPA-06- 10 (Chapter 4 — CFP & Public Services) — Update 6-yr TIP — Update the LOS table for all arterial intersections — Update the growth assumptions — Supplement existing goals to support • water conservation • recycling • limiting harmful chemicals • education programs for local employment C ITY HA L Lr¢S P4KA N Ev .;, *lane -. Department of Community Development Planning Division i City Initatel Text Amendment • CPA-07- 10 (Chapter 7 — Economic Development) — Updated Map 7. 1 Development Activity — Supplement existing goals to support • local businesses • efficient practices • clean technologies CITYHALLr¢SP4KANEv .;, Spokane -. Department of Community Development Planning Division i City Initatel Text Amendment • CPA-08- 1 0 (Chapter 8 — Natural Environment) — Supplement existing goals to support • protecting the aquifer — well head protection program • protecting sensitive habitats — SMP — wetlands — PHS C ITY HA POKANEv .;, ate -. Department of Community Development Planning Division Questions ? CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: April 13, 2010 City Manager Sign-off: Item: Check all that apply: ❑consent ®old business ❑new business ❑public hearing ❑ information ❑ admin.report ® pending legislation AGENDA ITEM TITLE: First Reading Proposed Ordinance 10-008, Official Zoning map amendments GOVERNING LEGISLATION: RCW 36.70A(Growth Management Act) PREVIOUS COUNCIL ACTION TAKEN: On March 30, 2010, Council was briefed at the study session on comprehensive plan map amendments CPA-01-10 through CPA-08-10. BACKGROUND: The Spokane Valley Comprehensive Plan includes an annual amendment cycle that runs from November 2 to November 1 of the following year. The Planning Commission considers applications received prior to the November 1 deadline in late winter/early spring of the following year, with a recommendation to City Council in late spring/early summer. All parts of the Comprehensive Plan (maps and text) can be amended during the annual cycle. The Community Development Department received one site-specific Comprehensive Plan map amendment; city staff initiated two site-specific Comprehensive Plan map amendments. Sites that are approved for a Comprehensive Plan Map amendment automatically receive a zoning designation that is consistent with the new Comprehensive Plan Map designation. COMPREHENSIVE PLAN AMENDMENT PROPOSALS: Comprehensive plan map amendment proposals are organized into individual reports consisting of application materials, staff reports, maps, and letters submitted to date to assist the City Council's review. The Spokane Valley Planning Commission conducted a public hearing on February 25, 2010, to consider proposed amendments to the Comprehensive Plan. After hearing public testimony,the Commission made recommendations on CPA-01-10 through CPA-08-10. OPTIONS: Advance the ordinance to a second reading; remand to Planning Commission for further consideration; or conduct a public hearing on proposed deviations from the Planning Commission's recommendation. RECOMMENDED MOTIONS: Advance ordinance 10-008 to a second reading STAFF CONTACT: Greg McCormick,AICP, Planning Division Manager; Mike Basinger,AICP, Senior Planner ATTACHMENTS: Exhibit 1: Draft Ordinance 1 of 1 CITY OF SPOKANE VALLEY SPOKANE COUNTY, WASHINGTON ORDINANCE NO. 10-008 AN ORDINANCE OF THE CITY OF SPOKANE VALLEY, SPOKANE COUNTY WASHINGTON, AMENDING ORDINANCE 07-015 WHICH ADOPTED THE OFFICIAL ZONING MAP; AND PROVIDING FOR OTHER MATTERS PROPERLY RELATING THERETO. WHEREAS, the City of Spokane Valley (City) adopted the Uniform Development Code (UDC) and the Official City Zoning Map pursuant to Ordinance 07-015, on the 25th day of September, 2007; and WHEREAS, the UDC and Official City Zoning Map became effective on the 28th day of October, 2007; and WHEREAS, the Washington State Growth Management Act (GMA) allows comprehensive plans to be amended annually (RCW 36.70A130); and WHEREAS, amendments to the City of Spokane Valley Comprehensive Plan may be initiated by the Planning Commission (Commission), the City Council (Council), Citizens, or by the Community Development Director based on citizen requests or when changed conditions warrant adjustments; and WHEREAS, the GMA requires comprehensive plans to be implemented with development regulations, including the zoning of property consistent with land use map designations; and WHEREAS, zone changes under consideration with the annual Comprehensive Plan amendments are to be considered as area-wide rezones pursuant to 17.80.140 of the SVMC; and WHEREAS, consistent with the GMA, City of Spokane Valley adopted Public Participation Guidelines to direct the public involvement process for adopting and amending comprehensive plans and area-wide rezones; and WHEREAS, 17.80.140 of the UDC provides that amendment applications shall be received until November 1 of each year; and WHEREAS, applications were submitted by the applicant, owner or by City staff to amend the Comprehensive Plan and Zoning Maps for the purpose of beneficially using the property described herein; and WHEREAS, following the application to the City, staff conducted an environmental review to determine the potential environmental impacts from the proposed amendments; and Ordinance 10-008 Zoning Map Changes Page 1 of 5 WHEREAS, after reviewing the Environmental Checklists, staff issued a Determination of Nonsignificance (DNS) for the proposals, published the DNS in the Valley News Herald, posted the DNS on the sites and mailed the DNS to all affected public agencies; and WHEREAS, the Commission conducted a briefing on February 11, 2010, to review the proposed amendments; and WHEREAS, on February 5, 2010, notice of the Commission public hearing was published in the Valley News Herald; and WHEREAS, on February 5, 2010, notice of the Commission hearing was mailed to all property owners within 400 feet of the subject property; and WHEREAS, on February 5, 2010, notice of the hearing was posted on the subject properties; and WHEREAS, the Commission received evidence, information, public testimony and a staff report and recommendation at a public hearing on February 25, 2010; and WHEREAS, the Commission conducted a public hearing on February 25, 2010, to consider proposed amendments to the Comprehensive Plan Land Use Plan map and Zoning map. After hearing public testimony, the Commission made recommendations on comprehensive plan map amendments CPA-01-10 through CPA-03-10; and WHEREAS, on March 30, 2010, Council reviewed the proposed amendments; and WHEREAS, on April 13, 2010, Council considered a first ordinance reading to adopt the proposed amendment; and WHEREAS, on April 27, 2010, Council considered a second ordinance reading at which time Council approved written findings of fact setting forth their basis for recommending approval of the proposed amendments. NOW, THEREFORE, the City Council of the City of Spokane Valley do ordain as follows: Section 1. Purpose. The purpose of this Ordinance is to amend the Official Zoning Map adopted through Ordinance No. 07-015 in order to permit the property described herein to be used in a matter consistent with the same. Section 2. Findings. The City Council acknowledges that the Commission conducted appropriate investigation and study, held a public hearing on the application Ordinance 10-008 Zoning Map Changes Page 2 of 5 and recommends approval of the amendments to the Zoning Map and text. The City Council hereby adopts the findings of the Commission, specifically that: 1. Notice for the proposed amendments was placed in the Spokane Valley News Herald on February 5, 2010 and each site was posted with a "Notice of Public Hearing" sign,with a description of the proposal. 2. Individual notice of the map amendment proposals was mailed to all property owners within 400 feet of each affected site. 3. Pursuant to the State Environmental Policy Act (SEPA- RCW 43.21C) environmental checklists were required for each proposed comprehensive plan map and text amendment. 4. Staff reviewed the environmental checklists and a threshold determination was made for each comprehensive plan amendment request. Determinations of Non-significance (DNS) were issued for the requested comprehensive plan amendments on February 5, 2010. 5. The DNS's were published in the city's official newspaper on February 5, 2010 consistent with the City of Spokane Valley Environmental Ordinance. 6. The Spokane Valley Planning Commission conducted a public hearing on February 25, 2010, to consider the proposed amendments. After hearing public testimony,the Commission made recommendations on CPA-01-10 thru CPA-03-10 7. The planning goals of the Growth Management Act (GMA) were considered and the proposed amendments are consistent with the GMA. 8. The goals and policies of the Spokane Valley Comprehensive Plan were considered and the proposed amendments are consistent with the Comprehensive Plan. 9. The proposed zoning designations are consistent with the current use of the properties. 10. Findings were made and factors were considered to ensure compliance with approval criteria contained in Section 17.80.140 H. (Comprehensive Plan amendments and area- wide rezones) of the Uniform Development Code (UDC). 11.The Comprehensive Plan Land Use Map and text amendments will not adversely affect the public's general health, safety, and welfare. Section 3. Property. The properties subject to this Ordinance are described in Attachment"A." Section 4. Map Amendments. Pursuant to RCW 35A.63.073, the City of Spokane Valley Zoning Map as adopted through Ordinance No. 07-015, is hereby amended as set forth in Attachment "A" (map). The Zoning map amendments are generally described as follows: Map Amendments File No. CPA-01-10: Application/Description of Proposal: Comprehensive Plan Map amendment to change the designation on parcel 45182.9010 from Low Density Residential to Neighborhood Commercial with a corresponding zoning change from Single-family Residential District(R-3)to Neighborhood Commercial (NC). This proposal is considered a non-project action under RCW 43.21C. Applicant: Ordinance 10-008 Zoning Map Changes Page 3 of 5 Bernardo-Wills Architects-Attn: Gary Bernardo Amendment Location: Parcel 45182.9010; located on the northeast corner of Park Road and Broadway Avenue; further located in the south half of the northwest quarter of Section 18, Township 25 North, Range 44 East,Willamette Meridian,Spokane County,Washington. Council Decision: Change Parcel 45182.9010 to Neighborhood Commercial. File No. CPA-02-10: Application/Description of Proposal: City initiated site specific Comprehensive Plan map amendment on parcels 45114.9009 from Parks/Open Space (P/OS)to Heavy Industrial (HI) with a corresponding zoning change from Parks/Open Space (P/OS) to Heavy Industrial (I-2). This proposal is considered a non-project action under RCW 43.21C. Applicant: City of Spokane Valley Amendment Location: The proposed site is located on the west side of Sullivan Road, approximately 1600 feet north of Indiana Avenue; further located in the north half of the southeast quarter of Section 11,Township 25 North, Range 44 East,Willamette Meridian,Spokane County, Washington. Council Decision: Change Parcel 45114.9009 to Heavy Industrial (HI) File No. CPA-03-10: Application/Description of Proposal: City initiated site specific Comprehensive Plan map amendment on parcel 45013.9104 from Community Commercial (C) to Heavy Industrial (HI)with a corresponding zoning change from Community Commercial (C) to Heavy Industrial (I-2). This proposal is considered a non-project action under RCW 43.21C. Applicant: City of Spokane Valley Amendment Location: The proposal is located between Sullivan Road and Industrial Park 1st in the Spokane Valley Industrial Park. It is further located in the west half of the southwest quarter of Section 01,Township 25 North, Range 44 East,Willamette Meridian,Spokane County,Washington. Council Decision: Change Parcel 45013.9104 to Heavy Industrial (HI) Section 5. Zoning Map/Official Controls. Pursuant to RCW 35A.63.100, for the purpose of regulating the use of land and to implement and give effect to the Comprehensive Plan the City hereby amends the Official Zoning Map of the City as set forth in Attachment"A." Section 6. Adoption of Other Laws. To the extent that any provision of the SVMC, or any other law, rule or regulation referenced in the attached Zoning Map(s) is necessary or convenient to establish the validity, enforceability or interpretation of the Zoning Map(s), then such provision of the SVMC, or other law, rule or regulation is hereby adopted by reference. Section 7. Map - Copies on File-Administrative Action. The Zoning Map is maintained in the office of the City Clerk as well as the City Department of Community Development. The City Manager or designee, following adoption of this Ordinance, is authorized to modify the Zoning Map in a manner consistent with this Ordinance. Section 8. Liability. The express intent of the City of Spokane Valley is that the responsibility for compliance with the provisions of this ordinance shall rest with the Ordinance 10-008 Zoning Map Changes Page 4 of 5 permit applicant and their agents. This ordinance and its provisions are adopted with the express intent to protect the health, safety, and welfare of the general public and are not intended to protect any particular class of individuals or organizations. Section 9. Severability. If any section, sentence, clause or phrase of this ordinance shall be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of any other section, sentence, clause, or phrase of this ordinance. Section 10. Effective Date. This Ordinance shall be in full force and effect five (5) days after publication of this Ordinance or a summary thereof in the official newspaper of the City of Spokane Valley as provided by law. PASSED by the City Council this____day of April, 2010 Mayor, Thomas E. Towey ATTEST: City Clerk, Christine Bainbridge Approved As To Form: Office of the City Attorney Date of Publication: Effective Date: Ordinance 10-008 Zoning Map Changes Page 5 of 5 Attachment A Exhibit 2: Zoning Map • L,L L= 7.777777 :: ---- —...—...—... R-3 Cataldo Cataldo i• — • 77 - ==-.. .-77 - apaRoad Pool -- R-4=77= ' 0 ,' Orool7777 = --- CPA-01-10 "0/0°,_,.,,_ R-3 777777 iM Broadway Broadway Broadway I NC R-3 Ig p. CPA-01-10 Request: Change the Comprehensive Plan map City of Spokane Valley designation from LDR to NC; subsequent zoning Community Development Department change from R-3 to NC. Exhibit 2: Zoning Map im 112 IN 71M914, nimaim. 1:\i'. Bu Iyd fil Marietta Marietta Mariett. 1VI.i?'" Station ro cil ii6... Training- 1 // P/OS IN Ilk- limlihuhceguthw -- o CPA-02-10 111 je Al a IkNIR a0 P/OS 1 -PA °47-Pit 2-90 QNo IpF :. • P/OS �! /90 190 NIndiana P Nana -1- oiv ete x I90 9,0----, 0 � W291 �� I90 I°O X2.1 0..,_I_.0 E291 ON OFF *2 0 :� � 0 MU�2g Igo /9 \ / F .4(4% impMF 2 / �o M issi o O 5' •10 iss,,n cn �� 111 /9 2 C ii �Sg � sslon � 0 vi � � I9. P9.a' m Ea �� E29/ I90 !.`9 c I9p W2g,I � I. . Miss,nn � OFF 8291 I90 E291�ON 1 p P� II E „ MF-2 OF.F I - -- =_ R-3 = 1- 11 =1 1^n /i i�'� I9p I9i CPA-02-10 Request: Change the Comprehensive Plan map City of Spokane Valley designation from P/OS to HI; subsequent zoning Community Development Department change from P/OS to I-2. Exhibit 2: Zoning Map MEI �\ Rich tO- "Rich Rich �1 R-3 MF-1a Rich 4J_Rich.2 1111111M 'E —1' 1 i o_ MENNIE 1 III RockwN ft- ell a, :R_4- \®III � I4\�� Te"t .A \g ,� � 0- Trent \ n�� nt_$ \`o B On Ire B'O f 1r • IN arioxgo a 1 RAA a iiI e 3 3 CPA-03-10 1 1 D Industrial . 4;- . . gamabill RAC M IN M 04 3 : 1 2 1 il. _ _ j D gkimalati RA D lemakki RA D 1 Immoa walla aka a �RA3 A Eu d a r- 1 g imemigial o . !Iri._ !S'P3lSVLAH�A9I 1 r65/ I ,ili CPA-03-10 Request: Change the Comprehensive Plan map City of Spokane Valley designation from CC to HI; subsequent zoning Community Development Department change from C to I-2. CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: April 13, 2010 City Manager Sign-off: Item: Check all that apply: ❑ consent ❑ old business ® new business ❑ public hearing ❑ information ❑ admin. report ❑ pending legislation AGENDA ITEM TITLE: Proposed Resolution No. 10-007 Adopting Amended 2010 Transportation Improvement Program (TIP) GOVERNING LEGISLATION: RCW 35.77.010 PREVIOUS COUNCIL ACTION TAKEN: Adopted 2010-2015 Six Year TIP on June 16, 2009, Resolution #09-009; Information Memo RCA on March 2, 2010; Public Hearing on the Proposed Amended 2010 TIP on March 23, 2010. BACKGROUND: Council adopted the 2010-2015 TIP based upon information staff had at that time relative to available funds and how these funds could be utilized for transportation projects. Since the adoption of the 2010-2015 TIP, staff submitted applications for a Community Development Block Grant (CDBG), an Energy Efficiency and Conservation Block Grant (EECBG), and Washington Utilities & Transportation Commission Safety Grant for the following projects that were selected for funding: • 2009 ADA Improvements — (CDBG) • Sprague Avenue ITS — (EECBG) • Park Rd/BNSF Barrier Curb — (WUTC) Additional changes in the Amended 2010 TIP from the adopted 2010-2015 TIP include the following: Pines Corridor ITS Project was moved up from 2011 to 2010 to allow the design to be completed this year and position it better for bidding early in 2011. The West Ponderosa Sewer Paveback, 44th Ave Pathway and Sprague Resurfacing #2 projects are carryovers from 2009. The Sullivan Road (PE Only, Euclid to Wellesley) and Pavement Management Program-Local Access projects have been deleted from the 2010 TIP. The funding for the Sullivan Road project was transferred to the Pines-Mansfield Project to cover construction cost overruns. The Pavement Management Program for local access streets is currently unfunded. Based on this information, it is recommended that the 2010 TIP be amended to reflect the deletion of the projects that did not receive funding, include those projects that were not completed in 2009 and have been carried over to the 2010 construction year, and those projects added to the 2010 construction year. Attached is a summary of the proposed changes. There are sufficient capital project funds to cover these 2010 costs. However, this level of funding will reduce our capital project fund balance and impact funding of future projects. OPTIONS: 1) Adopt the proposed Amended 2010 TIP, or 2) provide additional direction to staff. RECOMMENDED ACTION OR MOTION: Move to approve Resolution No. 10-007 adopting the Amended 2010 TIP as presented by staff. BUDGET/FINANCIAL IMPACTS: The 2010 budget will be administratively amended to reflect changes associated with this amended 2010 TIP. STAFF CONTACT: Steve M. Worley, Senior Engineer; Neil Kersten, Public Works Director ATTACHMENTS: Resolution 10-007, Proposed Amended 2010 TIP DRAFT CITY OF SPOKANE VALLEY SPOKANE COUNTY,WASHINGTON RESOLUTION NO. 10-007 A RESOLUTION AMENDING THE 2010 TRANSPORTATION IMPROVEMENT PROGRAM FOR THE CITY OF SPOKANE VALLEY. WHEREAS, the City Council for Spokane Valley did adopt by Resolution No. 09-009 the 2010- 2015 Six-Year Transportation Improvement Program (TIP)with such program acting as a guide for the coordinated development of the City's transportation system; and WHEREAS, changes in certain funding sources and project schedules have occurred; and WHEREAS,the attached Amended 2010 TIP does incorporate said changes for year 2010; and WHEREAS,pursuant to the State Environmental Policy Act,the adoption of the Six-Year TIP is a non-project action which has received proper and timely environmental review by the City; and WHEREAS,the amendments t o the 2010 TIP are cons istent w ith Spokane V alley's adop ted Comprehensive Plan; and WHEREAS, this action constitutes an amendment to the City's Capital Facilities Plan under its Comprehensive Plan, and has been sent to the Washington State Department of Community Trade and Economic Development for review pursuant to RCW 36.70A.106. NOW THEREFORE, be it resolved by the City Council of the City of Spokane Valley, Spokane County,Washington, as follows: The City Council hereby adopts the attached Amended 2010 TIP for the City of Spokane Valley for the purpose of guiding the design, development and construction of local and regional transportation improvements for the y ear 2010. The City Clerk is directed to file the Amended 2010 TIP with the Washington State Secretary of Transportation not more than 30 days after adoption of this Resolution. The Amended 2010 TIP shall, at least,be annually reviewed for the purpose of determining the work accomplished under the program and the City transportation requirements. Projects and timeframes identified in the TIP are to be considered estimates only that may change due to a variety of circumstances, and are not intended by the City to be relied upon by property owners or developers in making development decisions. Adopted this 13th day of April, 2010. City of Spokane Valley Thomas E. Towey, Mayor ATTEST: Christine Bainbridge, City Clerk Approved as to Form: Office of the City Attorney City of Spokane Valley Department of Public Works Adopted 2010 Transportation Improvement Program Primary City Total 2010 Proj.# Project From To Source Amount Project Costs 1 0003 Barker Road Bridge @ Spokane River BR $ 55,000 $ 407,000 2 0088 Broadway Ave Reconstruction 180 ft. E of Moore Flora UAP $ 68,000 $ 2,465,000 3 0069 Park Road Project 2(PE Only) Broadway Indiana STP(U) $ 34,000 $ 246,000 4 0063 Broadway Ave Safety Project Pines(SR 27) Park UAP $ 167,000 $ 834,000 5 0112 Indiana Ave. Extension e/o Sullivan Flora UCP $ 264,000 $ 1,874,000 6 0060 Argonne Road Corridor Improvements 1-90 Trent CMAQ $ 77,000 $ 576,000 7 0114 Broadway/Sullivan Intersection PCC STA $ 253,000 $ 1,230,000 8 0113 Indiana/Sullivan Intersection PCC STA $ 275.000 $ 1.342.000 9 Pavement Management Program-Arterials Various locations City $ 2,000,000 $ 4,000,000 10 Pavement Management Program-Local Access Various locations City $ 2,000,000 $ 2,000,000 11 STEP Paveback Various locations City $ 3,543,000 $ 3,543,000 12 0070 Sullivan Road(PE Only) Euclid Wellesley STP(U) $ 40,000 $ 298,000 13 0065 Sullivan/Sprague Intersection PCC STP(U) $ 933,000 $ 1,678,000 $ 9,709,000 $ 20,493,000 Funded Projects City of Spokane Valley Department of Public Works DRAFT Amended 2010 Transportation Improvement Program Resolution 10-007,April 13,2010 Primary City Total 2010 Proj.# Project From To Source Amount Project Costs 1 0003 Barker Road Bridge @ Spokane River BR $ 1,463,000 $ 2,048,270 2 0005 Pines/Mansfield Montgomery Pines(SR-27) TPP $ 770,400 $ 770,400 3 0088 Broadway Ave Reconstruction 180 ft. E of Moore Flora UAP $ 227,000 $ 2,353,230 4 0069 Park Road Project 2(PE Only) Broadway Indiana STP(U) $ 26,333 $ 228,009 5 0063 Broadway Ave Safety Project Pines(SR 27) Park UAP $ 186,400 $ 931,990 6 0112 Indiana Ave. Extension 3600-ft e/o Sullivan Flora TIB $ 291,400 $ 2,020,360 7 0060 Argonne Road Corridor Improvements 1-90 Trent CMAQ $ 77,100 $ 575,610 8 0114 Broadway/Sullivan Intersection PCC STA $ 213,450 $ 1,191,450 9 0113 Indiana/Sullivan Intersection PCC STA $ 13,540 $ 77,540 10 Pavement Management Program-Arterials Various locations City $ 250,000 $ 250,000 11 STEP Paveback Various locations City 12 0106 W. Ponderosa 11 City $ 38,000 $ 38,000 13 0130 Corbin($330,000 CDBG Grant Anticipated) City/CDBG $ 374,000 $ 705,000 14 0131 Cronk City $ 315,000 $ 315,000 15 0129 South Greenacres City $ 640,500 $ 640,500 16 0128 West Farms City $ 427,000 $ 427,000 17 Misc. Paveback City $ 300,000 $ 300,000 18 0065 Sullivan/Sprague Intersection PCC STP(U) $ 478,631 $ 1,193,151 19 0061 Pines ITS Trent Sprague CMAQ $ 29,590 $ 221,060 20 0054 44th Ave Pathway Sands Woodruff STP(E) $ (14,250) $ 262,580 21 0127 2009 ADA Improvements Various locations CDBG $ 21,753 $ 110,323 22 0133 Sprague ITS University Sullivan EECBG $ - $ 330,920 23 0115 Sprague Resurfacing#2 Evergreen Sullivan Federal $ 38,980 $ 1,954,000 24 Park RdIBNSF Barrier Curb Trent(SR 290) Indiana WUTC $ 4,000 $ 44,000 $ 6,171,827 $ 16,988,393 *The Pavement Management Program-Arterials will be completed as staff and funding levels allow. Projects and timeframes identified in the TIP are to be considered estimates only that may change due to a variety of circumstances,and are not intended by the City to be relied upon by property owners or developers in making development decisions. Funded Projects Added Projects 2009 Carry Over Projects P:\Public Works\Capital Projects\CIP-TIP Funding\2010-2015 TIP\Amended 2010 TIP\Draft Amended 2010 TIP.xls 4/6/2010 CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: April 13, 2010 City Manager Sign-off: Item: Check all that apply: ❑ consent ❑ old business ® new business ❑public hearing ❑ information ❑ admin. report ❑ pending legislation AGENDA ITEM TITLE: Resolution setting a date for a Public Hearing before the Planning Commission — Request to vacate approximately 210 feet in length by 30 feet of width of dedicated unimproved right of way for 16th Avenue. BACKGROUND: The applicant Alan Gay, USKH, on behalf of abutting property owner with two- thirds ownership, Tyler Ferguson, Coastal Community Bank, requests the vacation of a portion of 16th Avenue. The right of way is unimproved and the abutting parcels are accessed via improved private road, 16th Lane. The street is located approximately 362 feet west of the intersection of 16th Lane and Kahuna Drive and further located between parcels 35262.9091 and 35262.0803 to the south and parcels 35233.2711, 35233.2712, 35233.2713 and 35233.2811 to the north. _ li, 'R , is tri, ;. 4 i rr ® tis 'aa a r < ; . ,, E ,y *11 . , . wilt ' 1 Tf. r -.4 *s.. 4 1 _ a1 , • a r 6 4 1 A, tit .' ''' 'c • --1., . , , IL- —_M . ,.-ii.,,. ;' ,.. - 164 °till 41/11111 OPTIONS: Set a date for a Public Hearing on the proposed street vacation or take no action. RECOMMENDED MOTION: "Approve Resolution 10-008, setting May 13, 2010 as the date for a Public Hearing before the Planning Commission on Street Vacation Application STV-01-10." STAFF CONTACT: Karen Kendall,Assistant Planner Page 1 of 1 DRAFT CITY OF SPOKANE VALLEY SPOKANE COUNTY,WASHINGTON RESOLUTION NO. 10-008 A RESOLUTION OF THE CITY OF SPOKANE VALLEY, SPOKANE COUNTY, WASHINGTON, SETTING THE PUBLIC HEARING DATE AND TIME FOR THE PLANNING COMMISSION TO CONSIDER STREET VACATION REQUEST STV-01- 10 PURSUANT TO RCW 35.79.010. WHEREAS, the applicant Alan Gay, USKH, on behalf of abutting property owner with two-thirds ownership, Tyler Ferguson, Coastal Community Bank, requests the vacation of a portion of 16th Avenue (210 feet in length by 30 feet wide). The street is located approximately 362 feet west of the intersection of 16th Lane and Kahuna Drive and further located between parcels 35262.9091 and 35262.0803 to the south and parcels 35233.2711, 35233.2712, 35233.2713 and 35233.2811 to the north. WHEREAS, RCW 35.79.010 specifies that the legislative authority shall establish by resolution the time when a Street Vacation application shall be considered by the legislative authority or a committee thereof; and, WHEREAS, the Spokane Valley Municipal Code 22.140 establishes regulations and procedures for the processing of vacations of public streets (hereafter referred to as "Street Vacation"); and, WHEREAS, Spokane Valley Municipal Code 22.140.120 specifies that the Planning Commission shall conduct the public hearing required pursuant to RCW 35.79.010; and shall develop and forward a recommendation for a requested Street Vacation to the City Council. NOW THEREFORE, be it resolved by the City Council of the City of Spokane Valley, Spokane County,Washington, as follows: Section 1. Establishment of Public Hearing Date and Time for STV-01-10. The required public hearing for Street Vacation Request STV-01-10 shall be conducted before the Spokane Valley Planning Commission, May 13, 2010 beginning at 6:00 p.m. in the City Council Chambers at the City Hall of the City of Spokane Valley, 11707 East Sprague Avenue, Suite 101, Spokane Valley,Washington 99206. Section 2. Effective Date. This Resolution shall be in full force and effect upon adoption. Adopted this 13th day of April, 2010. CITY OF SPOKANE VALLEY ATTEST: Thomas E. Towey, Mayor Christine Bainbridge, City Clerk Approved as to form: Office of the City Attorney Resolution No. 10-0081 Establishment of Public Hearing Date and Time for STV-01-10 Page 1 of 1 CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: April 13, 2010 City Manager Sign-off: Item: Check all that apply: ❑ consent ❑ old business ® new business ❑ public hearing ❑ information ❑ admin. report ❑ pending legislation AGENDA ITEM TITLE: Resolution 10-009 adopting Master Fee Resolution — Adult Entertainment appeals. GOVERNING LEGISLATION: PREVIOUS COUNCIL ACTION TAKEN: The Council amends the Fee Resolution from time to time to include, remove, or modify fees charged by the City. BACKGROUND: Staff has proposed amending the adult entertainment regulations by adopting our own specific regulations, rather than adopting Spokane County's by reference, as was previously done in 2003. The new regulations require the adoption of fees for appeals that may result from the new regulations. These are found on the second to last page of the Master Fee Schedule in underline/strikethrough format. Additionally, staff noted that appeal fees for code violations relating to nuisances was inadvertently removed in a previous amendment to the Master Fee Schedule. These need to be put back in, and are found on the first page of the proposed Master Fee Schedule. OPTIONS: Adopt appeal fee into the Master Fee Schedule; not charge a fee for adult entertainment appeals. RECOMMENDED ACTION OR MOTION: Move to approve Resolution 10-009 amending the Fee Resolution concerning Adult entertainment Appeal Process BUDGET/FINANCIAL IMPACTS: Revenue neutral because we only seek cost recovery for any appeals, including adult entertainment. STAFF CONTACT: Cary Driskell, Deputy City Attorney ATTACHMENTS: Proposed Resolution 10-007 Adopting Master Fee Schedule DRAFT CITY OF SPOKANE VALLEY SPOKANE COUNTY,WASHINGTON RESOLUTION NO. 10-009 A RESOLUTION OF THE CITY OF SPOKANE VALLEY, SPOKANE COUNTY, WASHINGTON, AMENDING THE MASTER FEE SCHEDULE TO INCLUDE AN APPEAL FEE FOR APPEALS RELATED TO THE LICENSING AND REGULATION OF ADULT ENTERTAINMENT ESTABLISHMENTS IN THE CITY WHEREAS, it is the general policy of the City to establish fees that are reflective of the cost of services provided by the City; and WHEREAS, the City uses a resolution to establish fees for City programs, permits and services, and periodically,the fee resolution must be updated to incorporate new or modified services; and WHEREAS, Council desires to modify the Resolution and accompanying Fee Schedule. NOW THEREFORE, be it resolved by the City Council of the City of Spokane Valley, Spokane County,Washington, as follows: Section 1. The changes needed at t his time are incorporated into the attached schedule, and include establishing a fee of$1,050.00 for appeals of administrative decisions regarding licensing for adult entertainment establishments, and correcting a prior error which removed an appeal fee for appeals of code compliance determinations relating to nuisances. Section 2. Repeal. To the extent that previous fee schedules are inconsistent with those set forth herein,they are repealed. Section 3. Effective Date. This Resolution shall be in full force and effect upon adoption. Approved this day of , 2010. ATTEST: CITY OF SPOKANE VALLEY Christine Bainbridge, City Clerk Thomas E. Towey, Mayor Approved as to form: Office of the City Attorney DRAFT MASTER FEE SCHEDULE Schedule A — Planning FEE AMOUNT AMENDMENTS Comprehensive Plan Amendment $1,500.00 Zoning or other code text amendment $1,500.00 APPEALS Appeal of Administrative Decision $1,050.00 Appeal of Hearing Examiner Findings $315.00 Transcript/record deposit on Appeals of Hearing Examiner Decisions $157.00 Appeal of Administrative Decision-Code Compliance Notice and Order 500.00 ENVIRONMENTAL REVIEW STATE ENVIRONMENTAL POLICY ACT(SEPA) Single Dwelling (when required) $100.00 All other developments $350.00 Environmental Impact Statement(EIS) Review,minimum deposit $2,200.00 Addenda of existing EIS Review $350.00 SHORELINE Substantial Development Permit $840.00 CRITICAL AREAS Floodplain Permit $315.00+$52.00 per lot OTHER PERMITS Home Occupation Permit and Accessory Dwelling Units (ADU) $84.00 Conditional Use Permit $840.00 Temporary Use Permit $157.00 LAND USE ACTIONS Subdivisions Preliminary plat $2,324.00+$40.00 per lot Final Plat $1,424.00+$10.00 per lot Time extensions—file review and letter $80.00 Short Plats Preliminary 2 to 4 lots $1,224.00 Final plat 2 to 4 lots $924.00 Preliminary plat 5 to Slots $1,424.00+$25.00 per lot Final plat 5 to Slots $1,224.00+$10.00 per lot Time extensions—file review and letter $80.00 DRAFT Schedule E — Administration COPY FEE: Copy of audio tapes,video tapes, DVD, CD's, etc. At Cost Copy of written documents (see Spokane Valley Municipal Code 2.75.070) $.15 per page Copy large format documents $3.00 per page NSF Check return fee $26.00 Schedule F — Other Fees BUSINESS REGISTRATION Business Registration $13.00 annual Nonprofit Registration $3.00 annual Late Business Registration Fee: (charged in addition to the business registration fee) (SVMC 5.05.050) Failure to pay the registration fee by the applicable date shall result in a late fee of 50%of the annual registration fee. Failure to pay the annual fee may result in non-issuance of a Washington State license, as determined by the Washington State Department of Licensing. Adult Entertainment Establishment License, Live Adult Entertainment $1,575.00 Establishment License,Adult Arcade $1,575.00 Adult Arcade Device License $157.00 Manager License $157.00 Entertainer License $157.00 Late Adult Entertainment License Fee: (charged in addition to the license fee) 7 to 30 calendar days past due 25%of license fee 31 to 60 calendar days past due 50%of license fee 61 and more calendar days past due 75%of license fee Appeal of Administrative Determination—Adult Entertainment License: Adult Entertainment License denial, suspension or revocation pursuant to SVMC 5.10 $1,050.00 TOW OPERATOR REGISTRATION FEE $105.00 annual OVERSIZED LOAD PERMIT FEE $26.00 STORMWATER UTILITY CHARGE ON DEVELOPED PARCELS: Each single-family unit $21.00 annual All other properties each $21.00 per 3,160 sq. ft impervious surface CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: April 13, 2010 City Manager Sign-off: Item: Check all that apply: ❑ consent ❑ old business ® new business ❑ public hearing ❑ information ❑ admin. report ❑ pending legislation AGENDA ITEM TITLE : Motion Consideration: Interlocal Agreement for Building Plan Review for the City of Airway Heights GOVERNING LEGISLATION: PREVIOUS COUNCIL ACTION TAKEN: Discussion at March 30, 2010 Council meeting. BACKGROUND: The City of Airway Heights requested that the City of Spokane Valley consider providing building plan review services to supplement their current services. At the March 30, 2010 Council meeting, Acting City Manager Mike Jackson explained that the City has met with the City Manager of Airway Heights, Albert Tripp, and an Interlocal Agreement was drafted and attached for Council consideration. Acting City Manager Jackson explained the City of Spokane Valley is expecting a relatively low volume of applications from Airway Heights and providing this service is not expected to negatively impact the Building Division's ability to respond to our own citizens in a timely manner. Further, the fee was set at 40% of the building permit fee as set forth in the City of Airway Heights currently adopted fee resolution which is generally about 11% lower than current charges in Spokane Valley. However, the lower fee is offset by Airway Heights handling the take in process of plans, some of the preliminary review and delivering the plans to the City of Spokane Valley. The City Council asked for a comparison of costs for the building plan review fees for other jurisdictions in our area, including Airway Heights. The "residential" plan review fees for a 2,000 square foot home for each of the jurisdictions are: the City of Spokane Valley, $612.32; the City of Airway Heights, $890.55; the City of Spokane, $362.88; and Spokane County currently does not charge for residential plan reviews; however, we understand the County is in the process of revising their fee structure due to an increase in staff-hours to review new home designs. For all jurisdictions above, fees for commercial plan review are 65% of the permit fee. OPTIONS: none RECOMMENDED ACTION OR MOTION: I move to authorize the Acting City Manager to finalize and execute the Interlocal Agreement for Building Plan Review with the City of Airway Heights. BUDGET/FINANCIAL IMPACTS: This has no impact on the budgeted expenditures. It may increase revenues depending on the number of plan reviews completed (approximately $22,000 to $30,000). STAFF CONTACT: Mike Jackson, Deputy City Manager ATTACHMENTS: Comparison of City Plan Review Fees; Draft Interlocal Agreement Version Dated: March 2,2010 INTERLOCAL AGREEMENT FOR BUILDING PLAN REVIEW FOR THE CITY OF AIRWAY HEIGHTS (April ,2010) THIS AGREEMENT, made and entered into by and between the City of Airway Heights, a municipal corporation of the State of Washington, having offices for the transaction of business at 1208 S Lundstrom Street, Airway Heights, Washington 99001 hereinafter referred to as "CITY OF AIRWAY HEIGHTS" and the City of Spokane Valley, a municipal corporation of the State of Washington, having offices for the transaction of business at the Redwood Plaza, 11707 East Sprague Avenue, Suite 106, Spokane Valley, Washington 99206, hereinafter referred to as "CITY OF SPOKANE VALLEY,"jointly hereinafter referred to as the "Parties." The CITY OF AIRWAY HEIGHTS and the CITY OF SPOKANE VALLEY agree as follows: SECTION NO. 1: RECITALS AND FINDINGS A. Cities may contract with each other to perform certain functions which each may legally perform under chapter 39.34 RCW(Interlocal Cooperation Act)and; B. The CITY OF AIRWAY HEIGHTS has adopted and enforces the Washington State Building Code pursuant to Chapter 19.27 RCW within its jurisdictional boundaries and; C. The CITY OF SPOKANE VALLEY has a building division staffed by trained personnel that regularly review permit applications and plans for compliance with the State building code and; D. The CITY OF AIRWAY HEIGHTS has a need for building plan review services to supplement their plan review program and the CITY OF SPOKANE VALLEY currently has the ability to provide these services without negative impacts to their program or service and; E. This Agreement is entered into for the benefit of the parties to this Agreement only and shall confer no benefits, direct or implied, on any third persons. F. This Agreement SECTION NO.2: DEFINITIONS A. Agreement: "Agreement" means this Interlocal Agreement between the CITY and the CITY OF SPOKANE VALLEY regarding building plan review services. B. Services: "Services"means those services identified in this agreement. C. Compensation: "Compensation"means the amount of money which the City OF AIRWAY HEIGHTS will collect and pay the CITY OF SPOKANE VALLEY for providing Services as identified in this agreement. D. Uncontrollable Circumstances: "Uncontrollable Circumstances" means the following events: riots, wars, civil disturbances, insurrections, acts of terrorism, external fires and floods, volcanic Interlocal Agreement for Building Plan Review Services, City of Airway Heights Page 1 of 8 Version Dated: March 2,2010 eruptions, lightning or earthquakes at or near where the Services are performed and/or that directly affect providing of such Services. SECTION NO.3: PURPOSE The purpose of this Agreement is to reduce to writing the PARTIES' understanding as to the terms and conditions under which the CITY OF AIRWAY HEIGHTS and the CITY OF SPOKANE VALLEY will enter into this Agreement. It is the intent of the PARTIES that Services to be provided will be consistent with the CITY OF AIRWAY HEIGHTS Council/Manager form of government provided for in chapter 35A.13 RCW. SECTION NO.4: DURATION/WITHDRAWAL This Agreement shall commence on April 1, 2010, and run through December 31, 2010 unless one of the PARTIES provides notice as set forth in Section 7. At the conclusion of the initial term (December 31, 2010), this Agreement shall expire unless the Parties jointly decide to renew. All renewals shall be subject to all terms and conditions set forth herein or as amended pursuant to Section 13 below. Any Party may withdraw at any time from this Agreement for any reason whatsoever upon a minimum of 60 days written notice as provided for in Section 8 to the other Party. SECTION NO.5: PARTIES RESPONSIBILITIES: The CITY OF SPOKANE VALLEY will conduct plan reviews of building permit applications for compliance with the State adoption of the International Building Code (IBC)and the International Residential Code (IRC), as currently adopted or subsequently amended, on behalf of the CITY OF AIRWAY HEIGHTS using the CITY OF SPOAKNE VALLEY building division plan review staff. A. The CITY OF SPOKANE VALLEY agrees to utilize a certified plans examiner to conduct reviews. B. Plan reviews of building permit applications shall be conducted as follows: 1. A detailed initial review following standard CITY OF SPOKANE VALLEY review procedures shall be conducted pursuant to IBC section 106.3 or IRC section 106.3. 2. If building permit application documents are found to be non-compliant,the CITY OF SPOKANE VALLEY will provide a written, detailed list of deficient items to the CITY OF AIRWAY HEIGHTS. 3. If building permit application documents are found to be compliant, the CITY OF SPOKANE VALLEY will provide a written notice of compliance to the CITY OF AIRWAY HEIGHTS. C. Unless previously agreed to by both Parties, the building permit plan review will be completed and written comments returned to the CITY OF AIRWAY HEIGHTS in five working days or less for applications reviewed subject to the IRC and 15 working days or less for applications reviewed subject to the IBC. Notwithstanding the foregoing, plan review timeframes can be adjusted by written agreement of both Parties. Interlocal Agreement for Building Plan Review Services, City of Airway Heights Page 2 of 8 Version Dated: March 2,2010 D. The CITY OF AIRWAY HEIGHTS shall be responsible for implementing the CITY OF SPOKANE VALLEY's plan review determinations through the CITY OF AIRWAY HEIGHTS' permitting process. SECTION NO 6: COST OF SERVICES AND PAYMENTS The CITY OF AIRWAY HEIGHTS shall pay the CITY OF SPOKANE VALLEY for Services provided by the CITY OF SPOKANE VALLEY under this Agreement in the amount of the 40%of the building permit fee as set forth in the CITY OF AIRWAY HEIGHTS' currently adopted fee resolution. The CITY OF AIRWAY HEIGHTS shall collect such plan review fees at the time of building permit application. The amount of the fee shall be included with application materials forwarded to the CITY OF SPOKANE VALLEY. The actual plan review fees collected shall be paid to the CITY OF SPOKANE VALLEY at reasonable intervals, although not less frequently than once per quarter. Either party may dispute any claimed moneys owed. In the event the PARTIES cannot mutually resolve any dispute over moneys owed within thirty(30)calendar days from the time a written claim is made,unless otherwise agreed by the PARTIES, the matter shall be resolved pursuant to the Dispute Resolution provisions set forth in Section No. 16. The PARTIES recognize that it is not always possible for either Party to discover errors in payment. The PARTIES further recognize that there must be some finality to addressing such errors. Accordingly, the PARTIES agree that both PARTIES are foreclosed from challenging any errors in payment if the matter is not drawn in writing to the other PARTY'S attention within thirty(30)calendar days of the last invoice of the calendar year. Errors raised within this time frame that are not mutually resolved shall be subject to the Dispute Resolution provisions set forth in Section No. 16. SECTION NO. 7: RELATED RESPONSIBILITIES IN CONJUNCTION WITH PROVIDING SERVICES A CITY OF SPOKANE VALLEY representative shall make reasonable efforts to meet upon request by the CITY OF AIRWAY HEIGHTS' City Manager or his/her designee to discuss any Service provided under the terms of this Agreement. SECTION NO.8: NOTICE All notices or other communications given hereunder shall be deemed given on: (1) the day such notices or other communications are received when sent by personal delivery; or(ii)the third day following the day on which the same have been mailed by first class delivery, postage prepaid addressed to the CITY OF SPOKANE VALLEY or the CITYOF AIRWAY HEIGHTS at the address set forth below for such Party, or at such other address as either Party shall from time-to-time designate by notice in writing to the other Party: CITY OF SPOKANE VALLEY: City of Spokane Valley City Manager or his/her authorized representative 11707 East Sprague Avenue, Suite 106 Spokane Valley,Washington 99206 CITY OF AIRWAY HEIGHTS: City of Airway Heights City Manager or his/her authorized representative 1208 S Lundstrom Street Airway Heights,Washington 99001 Interlocal Agreement for Building Plan Review Services, City of Airway Heights Page 3 of 8 Version Dated: March 2,2010 SECTION NO.9: ASSIGNMENT No Party may assign in whole or part its interest in this Agreement without the written approval of the other PARTY. SECTION NO. 10: CITY OF SPOKANE VALLEY EMPLOYEES The CITY OF SPOKANE VALLEY shall appoint, hire, assign, retain and discipline all employees performing CITY OF SPOKANE VALLEY Services under this Agreement according to applicable collective bargaining agreements and applicable state and federal laws. The CITY OF AIRWAY HEIGHTS shall appoint, hire, assign, retain and discipline all employees performing CITY OF AIRWAY HEIGHTS Services under this Agreement according to applicable collective bargaining agreements and applicable state and federal laws. SECTION NO. 11: LIABILITY A. The CITY OF SPOKANE VALLEY shall indemnify and hold harmless the CITY OF AIRWAY HEIGHTS and its officers,agents,and employees,from any and all claims,actions, suits,liability, loss, costs, expenses, and damages of any nature whatsoever,by any reason of or arising out of any negligent act or omission of the CITY OF SPOKANE VALLEY, its officers, agents and employees, relating to or arising out of performing Services pursuant to this Agreement. In the event that any suit based upon such claim, action, loss, or damages is brought against the CITY OF AIRWAY HEIGHTS, the CITY OF SPOKANE VALLEY shall defend the same at its sole cost and expense; provided that the CITY OF AIRWAY HEIGHTS reserves the right to participate in said suit if any principle of governmental or public law is involved; and if final judgment in said suit be rendered against the CITY OF AIRWAY HEIGHTS, and its officers, agents, and employees, or jointly against the CITY OF AIRWAY HEIGHTS and the CITY OF SPOKANE VALLEY and their respective officers, agents, and employees, the CITY OF SPOKANE VALLEY shall satisfy the same. B. The CITY OF AIRWAY HEIGHTS shall indemnify and hold harmless the CITY OF SPOKANE VALLEY and its officers, agents, and employees, from any and all claims, actions, suits, liability, loss, costs, expenses, and damages of any nature whatsoever, by any reason of or arising out of any negligent act or omission of the CITY, its officers, agents and employees, relating to or arising out of performing Services pursuant to this Agreement. In the event that any suit based upon such claim, action, loss, or damages is brought against the CITY OF SPOKANE VALLEY,the CITYOF AIRWAY HEIGHTS shall defend the same at its sole cost and expense;provided that the CITY OF SPOKANE VALLEY reserves the right to participate in said suit if any principle of governmental or public law is involved; and if final judgment in said suit be rendered against the CITY OF SPOKANE VALLEY, and its officers, agents, and employees, or jointly against the CITY OF SPOKANE VALLEY and the CITY OF AIRWAY HEIGHTS and their respective officers, agents, and employees, the CITY OF AIRWAY HEIGHTS shall satisfy the same. C. If the comparative negligence of the Parties and their officers and employees is a cause of such damage or injury, the liability, loss, cost, or expense shall be shared between the Parties in proportion to their relative degree of negligence and the right of indemnity shall apply to such proportion. D. Where an officer or employee of a Party is acting under the direction and control of the other Party, the Party directing and controlling the officer or employee in the activity and/or omission giving rise to liability shall accept all liability for the other Party's officer or employee's negligence. Interlocal Agreement for Building Plan Review Services, City of Airway Heights Page 4 of 8 Version Dated: March 2,2010 E. Each Party's duty to indemnify shall survive the termination or expiration of the Agreement. F. The foregoing indemnity is specifically intended to constitute a waiver of each Party's immunity under Washington's Industrial Insurance Act, chapter 51 RCW, respecting the other party only, and only to the extent necessary to provide the indemnified Party with a full and complete indemnity of claims made by the indemnitor's employees. The PARTIES acknowledge that these provisions were specifically negotiated and agreed upon by them. G. The CITY OF SPOKANE VALLEY and the CITY OF AIRWAY HEIGHTS agree to either self insure or purchase policies of insurance covering the matters contained in this Agreement with coverage's of not less than $3,000,000 per occurrence with $3,000,000 aggregate limits including professional liability and auto liability coverage's. SECTION NO. 12: RELATIONSHIP OF THE PARTIES The PARTIES intend that an independent contractor relationship will be created by this Agreement. The CITY OF SPOKANE VALLEY shall be an independent contractor and not the agent or employee of the CITY OF AIRWAY HEIGHTS, that the CITY OF AIRWAY HEIGHTS is interested only in the results to be achieved and that the right to control the particular manner, method and means in which the services are performed is solely within the discretion of the CITY OF SPOKANE VALLEY. Any and all employees who provide Services to the CITY OF AIRWAY HEIGHTS under this Agreement shall be deemed employees solely of the CITY OF SPOKANE VALLEY. The CITY OF SPOKANE VALLEY shall be solely responsible for the conduct and actions of all employees under this Agreement and any liability that may attach thereto. Likewise, no agent, employee, servant or representative of the CITY shall be deemed to be an employee,agent,servant or representative of the CITY OF SPOKANE VALLEY for any purpose. SECTION NO. 13: MODIFICATION This Agreement may be modified in writing by mutual written agreement of the PARTIES. Proposals for modification shall be submitted to the other party at least 60 days before the end of the agreement. SECTION NO. 14: PROPERTY AND EQUIPMENT The ownership of all property and equipment utilized in conjunction with providing the Services shall remain with the original owner, unless otherwise specifically and mutually agreed to by the PARTIES to this Agreement. For the purpose of this section,the terminology "owner" means that Party which paid the full purchase price for the property or equipment. SECTION NO. 15: ALL WRITINGS CONTAINED HEREIN/BINDING EFFECT This Agreement contains terms and conditions agreed upon by the PARTIES. The PARTIES agree that there are no other understandings,oral or otherwise,regarding the subject matter of this Agreement. No changes or additions to this Agreement shall be valid or binding upon the PARTIES unless such change or addition is in writing,executed by the PARTIES. This Agreement shall be binding upon the PARTIES hereto,their successors and assigns. Interlocal Agreement for Building Plan Review Services, City of Airway Heights Page 5 of 8 Version Dated: March 2,2010 SECTION NO. 16: DISPUTE RESOLUTION Any dispute between the PARTIES which cannot be resolved between the PARTIES shall be subject to arbitration. Except as provided for to the contrary herein, such dispute shall first be reduced to writing and considered by the CITY OF SPOKANE VALLEY and the CITY OF AIRWAY HEIGHTS' City Manager. If the CITY OF SPOKANE VALLEY and the CITY OF AIRWAY HEIGHTS City Manager cannot resolve the dispute it will be submitted to arbitration. The provisions of chapter 7.04 RCW shall be applicable to any arbitration proceeding. The CITY OF SPOKANE VALLEY and the CITY OF AIRWAY HEIGHTS shall have the right to designate one person each to act as an arbitrator. The two selected arbitrators shall then jointly select a third arbitrator. The selection of arbitrators shall commence within thirty (30) calendar days of the running of the thirty (30) calendar day time frame as described in section 6, paragraph 2. The decision of the arbitration panel shall be binding on the PARTIES and shall be subject to judicial review as provided for in chapter 7.04 RCW. The costs of the arbitration panel shall be equally split between the PARTIES. Each PARTY shall be responsible for its own costs in preparing and presenting its case. SECTION NO. 17: VENUE STIPULATION This Agreement has been and shall be construed as having been made and delivered within the State of Washington and it is mutually understood and agreed by each party that this Agreement shall be governed by the laws of the State of Washington both as to interpretation and performance. Any action at law, suit in equity or judicial proceeding for the enforcement of this Agreement, or any provision hereto, shall be instituted only in courts of competent jurisdiction within Spokane County,Washington. SECTION NO. 18: SEVERABILITY The PARTIES agree that if any parts, terms or provisions of this Agreement are held by the courts to be illegal,the validity of the remaining portions or provisions shall not be affected and the rights and obligations of the PARTIES shall not be affected in regard to the remainder of the Agreement. If it should appear that any part, term or provision of this Agreement is in conflict with any statutory provision of the State of Washington,then the part,term or provision thereof that may be in conflict shall be deemed inoperative and null and void insofar as it may be in conflict therewith and this Agreement shall be deemed to modify to conform to such statutory provision. SECTION NO. 19: RECORDS All public records prepared, owned,used or retained by the CITY OF SPOKANE VALLEY in conjunction with providing Services under the terms of this Agreement shall be deemed CITY OF AIRWAY HEIGHTS property and shall be made available to the CITY OF AIRWAY HEIGHTS upon request by the CITY OF AIRWAY HEIGHTS City Manager subject to the attorney client and attorney work product privileges set forth in statute, court rule or case law. The CITY OF SPOKANE VALLEY will notify the CITY OF AIRWAY HEIGHTS of any public disclosure request under chapter 42.17 RCW for copies or viewing of such records as well as the CITY OF SPOKANE VALLEY's response thereto. SECTION NO.20: HEADINGS The section headings appearing in this Agreement have been inserted solely for the purpose of convenience and ready reference. In no way do they purport to, and shall not be deemed to define, limit or extend the scope or intent of the sections to which they pertain. Interlocal Agreement for Building Plan Review Services, City of Airway Heights Page 6 of 8 Version Dated: March 2,2010 SECTION NO. 21: UNCONTROLLABLE CIRCUMSTANCES/IMPOSSIBILITY A delay or interruption in or failure of performance of all or any part of this Agreement resulting from Uncontrollable Circumstances shall be deemed not a default under this Agreement. A delay or interruption in or failure of performance of all or any part of this Agreement resulting from any change in or new law, order, rule or regulation of any nature which renders providing of Services in accordance with the terms of this Agreement legally impossible, and any other circumstances beyond the control of the CITY OF SPOKANE VALLEY which render legally impossible the performance by the CITY OF SPOKANE VALLEY of its obligations under this Agreement, shall be deemed not a default under this Agreement. SECTION NO. 22: FILING This Agreement shall be filed by the CITY OF AIRWAY HEIGHTS with such offices or agencies as required by chapter 39.34 RCW. SECTION NO.23: EXECUTION AND APPROVAL The PARTIES warrant that the officers executing below have been duly authorized to act for and on behalf of the Party for purposes of confirming this Agreement. SECTION NO. 24: INITIATIVES The PARTIES recognize that revenue reducing initiative(s) passed by the voters of Washington may substantially reduce local operating revenue for the CITY OF AIRWAY HEIGHTS, CITY OF SPOKANE VALLEY or both PARTIES. The PARTIES agree that it is necessary to have flexibility to reduce the contracted amount(s) in this Agreement in response to budget constraints resulting from the passage of revenue reducing initiative(s). If such an event occurs, the PARTIES agree to negotiate in good faith to achieve a mutually agreeable resolution in a timely fashion. SECTION NO.25: COMPLIANCE WITH LAWS The Parties shall observe all federal, state and local laws, ordinances and regulations,to the extent that they may be applicable to the terms of this Agreement. SECTION NO. 26: DISCLAIMER Except as otherwise provided, this Agreement shall not be construed in any manner that would limit either Party's authority or power under law. Interlocal Agreement for Building Plan Review Services, City of Airway Heights Page 7 of 8 Version Dated: March 2,2010 IN WITNESS WHEREOF,the PARTIES have caused this Agreement to be executed on date and year opposite their respective signatures. DATED: CITY OF SPOKANE VALLEY ATTEST: Michael Jackson, City Manager Christine Bainbridge, City Clerk APPROVED AS TO FORM ONLY: Office of the City Attorney DATED: CITY OF AIRWAY HEIGHTS ATTEST: Albert Tripp, City Manager 111111\) NIO Interlocal Agreement for Building Plan Review Services, City of Airway Heights Page 8 of 8 Comparison of City Plan Review Fees to Proposed Methodology(Airway Heights) R-3 Residential Construction Sq Ft. Valuation Permit Fee Plan Review Fee Spokane Valley-Current Code 3000 $ 293,850.00 $ 2,079.31 $ 831.72 40%of AH Valuation 3000 $ 250,800.00 $ 1,838.23 $ 735.29 Diff. $ 96.43 %of SV 11.59% %of AH 13.11% Spokane Valley-Current Code 2000 $ 195,900.00 $ 1,530.79 $ 612.32 40%of AH Valuation 2000 $ 167,200.00 $ 1,370.07 $ 548.03 Diff. $ 64.29 %of SV 10.50% %of AH 11.73% i Spokane Valley-Current Code 1000 $ 97,950.00 $ 979.40 $ 391.76 40%of AH Valuation 1000 $ 83,600.00 $ 878.95 $ 351.58 Diff. $ 40.18 %of SV 10.26% %of AH 11.43% Comparison of Spokane Valley,Airway Heights,Spokane, and Spokane County Permit and Plan Review Fees R-3 Residential Sq Ft. Valuation Permit Fee Plan Review Fee Comments Spokane Valley 3000 $ 293,850.00 $ 2,079.31 $ 831.72 Airway Heights 3000 $ 250,800.00 $ 1,838.23 $ 1,194.85 +4.50 State Building Code Fee Spokane 3000 $ 293,850.00 $ 1,941.25 $ 485.31 +$25 Processing Fee+$4.50 State Buiding Code Fee Spokane County 3000 $ 253,140.00 $ 1,660.70 $ - Value determined by Fee Schedule,$84.38 per sq.ft.,No PR Fee for R-3 Spokane Valley 2000 $ 195,900.00 $ 1,530.79 $ 612.32 Airway Heights 2000 $ 167,200.00 $ 1,370.07 $ 890.55 +4.50 State Building Code Fee Spokane 2000 $ 195,900.00 $ 1,451.50 $ 362.88 +$25 Processing Fee+$4.50 State Buiding Code Fee Spokane County 2000 $ 168,760.00 $ 1,238.80 $ - Value determined by Fee Schedule,$84.38 per sq.ft.,No PR Fee for R-3 1 Spokane Valley 1000 $ 97,950.00 $ 979.40 $ 391.76 Airway Heights 1000 $ 83,600.00 $ 878.95 $ 571.32 +4.50 State Building Code Fee Spokane 1000 $ 97,950.00 $ 957.65 $ 239.41 +$25 Processing Fee+$4.50 State Buiding Code Fee Spokane County 1000 $ 84,380.00 $ 794.88 $ - Value determined by Fee Schedule,$84.38 per sq.ft.,No PR Fee for R-3 -Spokane charges 25%of the building permit fee for plan review of single family residences,others are 65% -Spokane Valley charges%40 of the permit fee for plan review of single family structures,others are 65%except for sheds and barns which are 25% -Spokane County does not charge a fee for plan review for single family structures,all others are 65%of the permit fee. -Airway Heights charges 65%or the permit fee for all plan review. CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: April 13, 2010 City Manager Sign-off: Item: Check all that apply: ❑ consent ❑ old business ® new business ❑ public hearing ❑ information ❑ admin. report ❑ pending legislation AGENDA ITEM TITLE: Motion Consideration: Lawsuit Release and Settlement GOVERNING LEGISLATION: RCW 35A.13 PREVIOUS COUNCIL ACTION TAKEN: NA BACKGROUND: 1. On July 7, 2008 James Pollard and Mary Pollard filed a complaint in Federal Court against the City of Spokane Valley asking for a Declaratory Judgment, Injunctive Relief and Damages. The parties have negotiated a settlement of that dispute. Attached is a release setting forth the terms of that settlement. OPTIONS: Approve or not approve motion to authorize the settlement of this dispute and authorize the City Manager to execute any necessary settlement documents. RECOMMENDED ACTION OR MOTION: Council Discretion. The Motion would be as follows: I move to approve settlement of this matter pursuant to the terms and conditions of the release attached, and authorize the City Manager and/or City Attorney to execute any necessary settlement documents. BUDGET/FINANCIAL IMPACTS: Funds will be paid pursuant to the City's agreement with the Washington City's Insurance Authority.(WCIA). STAFF CONTACT: Mike Connelly ATTACHMENTS: Release and Settlement documents RELEASE AND SETTLEMENT AGREEMENT 1. Release For the consideration of Twenty-five Thousand Dollars ($25,000), we forever release, The City of Spokane Valley, the City of Spokane Valley Council and/or David Mercier, Washington Cities Insurance Authority, and their attorneys, agents, employees, subsidiaries and assigns, and any and all other persons and entities for whose conduct they may be liable or for whom they may be c ontractually obl igated t o pr ovide 1 iability i nsurance c overage (hereinafter r eferred t o as "Parties Released"), from all cl aims and causes of action, which may ever be as serted by the undersigned, their executors, administrators, successors, assigns, or others, whether such claims or causes of action are presently known or unknown, which in any way arise out of or related to the allegations stated i n the A mended Complaint filed in the United States District C ourt for the Eastern District of Washington, styled as Pollard v. The City of Spokane Valley, et al., Cause No. CIV 08 -214-LRS, to include, but not 1 imited t o, t hose cause o f a ction alleging vi olations of constitutional rights to free speech, constitutional rights to petition the government for redress of grievances, alleged retaliation, alleged vi olations of 42 U SC S ection 1983, alleged de nial of constitutional rights to equal protection and due process, alleged arbitrary and capricious conduct or actions of the parties released, alleged claims for inverse condemnation, taking of or damage to property, and/or for inverse condemnation, alleged violations of Freedom of Information or Public Disclosure Act provisions, alleged claims for attorney's fees, statutory penalties,reimbursement of costs a nd di sbursements, a lleged claims f or p ersonal i njury, d amage t o bus iness, bus iness expectation, loss of income, and all other claims or causes of action, whether or not pleaded. This R elease and Settlement A greement(hereinafter r eferred to as " Agreement")i s intended to cover any and all future injuries, damages or losses not known to the parties to this Agreement, but w hich m ay 1 ater de velop, or be di scovered i n connection w ith t he above-referenced litigation and allegations. The undersigned acknowledge that they have accepted the above-referenced consideration as full compensation for any and all injuries, damages and losses (past, present and future, known and unknown), which were or c ould ever be claimed i n connection with the above-referenced litigation, and/or allegations contained within the above-referenced Amended Complaint. The undersigned warrant that no promise or inducement has been offered except as herein 1 . RELEASE AND SETTLEMENT AGREEMENT set forth and that this Agreement is executed without reliance upon any statement or representation by the Parties Released or their representatives concerning the nature and extent of the injuries, and/or damages, and/or legal liability therefor. 2. Warranty of Capacity to Execute Agreement The undersigned warrant that no other person or entity has or has had any interest in the claims or causes of action referred to in this Agreement and that the undersigned have the sole right and exclusive authority to execute this Agreement and receive the sums specified in it. The undersigned shall defend and indemnify the Parties Released should any other person claim to have an interest in the claims and injuries described in this Agreement. 3. Governing Law This Agreement shall be construed and interpreted according to the laws of the State of Washington. 4. Delivery of Dismissal with Prejudice Concurrently with the execution of this Agreement, counsel for the undersigned shall have delivered to counsel for the Released Parties an executed Dismissal with Prejudice of the civil action described above. The plaintiffs have authorized their attorneys to execute this Dismissal on their behalf and hereby authorize counsel for the Parties Released to file said Dismissal with the court and enter it as a matter of record. 6. Denial of Liability This A greement e xpresses the full a nd complete s ettlement o f all lia bility c laims. Liability for such claims is expressly denied by the Parties Released. Regardless of the adequacy of the above consideration, the acceptance of this Agreement shall not operate as an admission of liability on the part of the Parties Released. WE HAVE C OMPLETELY R EAD T HIS FINAL R ELEASE A ND S ETTLEMENT AGREEMENT AND FULLY UNDERSTAND AND VOLUNTARILY ACCEPT IT FOR THE PURPOSE OF FINAL RESOLUTION AND SETTLEMENT OF ANY AND ALL CLAIMS, DISPUTED OR OT HERWISE, AND F OR T HE E)(PRESS P URPOSE OF P RECLUDING FOREVER ANY 0 THER C LAIMS AR ISING OUT OF OR IN ANY W AY C ONNECTED WITH THE INCIDENTS, INJURIES, OR DAMAGES ABOVE MENTIONED AGAINST THE RELEASED PARTIES. 2 . RELEASE AND SETTLEMENT AGREEMENT WE R ECOGNIZE TH AT TH E F UTURE C OURSE O F P RESENT INJURY O R O THER DAMAGES C ANNOT B E P REDICTED W ITH C ERTAINTY. W E ASSUME TH E R ISK THAT THE CLAIMED INJURIES OR DAMAGES MAY WORSEN IN THE FUTURE AND THAT NEW INJURIES OR DAM AGES M AY DE VELOP. W E AC KNOWLEDGE T HAT OUR INFORMATION REGARDING C LAIMS M ADE IS SUFFICIENT T O ENTER INTO THIS F INAL RELEASE AND S ETTLEMENT AGREEMENT AND EXPRESSLY WAIVE ANY CLAIM THAT THIS RELEASE AND SETTLEMENT AGREEMENT IS NOT FAIRLY AND KNOWINGLY MADE. DATED this day of April, 2010 James Pollard Mary Pollard STATE OF WASHINGTON ) ) ss. County of Spokane ) On this day personally appeared before me James Pollard and Mary Pollard, to me known to be the individuals described in and who executed the within and foregoing instrument, and acknowledged that they signed the same as their free and voluntary act and deed, for the uses and purposes therein mentioned. GIVEN under my hand and official seal this day of , 2010. NOTARY PUBLIC in and for the State of Washington, residing at Spokane My commission expires: 3 . RELEASE AND SETTLEMENT AGREEMENT DRAFT ADVANCE AGENDA For Planning Discussion Purposes Only as of April 7, 2010; 11:30 a.m. Please note this is a work in progress; items are tentative To: Council & Staff From: City Clerk, by direction of Acting City Manager Re: Draft Schedule for Upcoming Council Meetings April 20, 2010, Study Session Format,6:00 p.m. [due date Mon,April 191 1. Advance Agenda 2. Code Enforcement Update-Kathy McClung (20 minutes) 3. City Manager Recruitment-John Whitehead (20 minutes) 4. Solid Waste Advisory Committee (SWAC) Update-Gary Schimmels (tentative) (15 minutes) 5. Capital Projects Funding- Steve Worley/Ken Thompson (20 minutes) 6. Subarea Plan(SARP: Sprague/Appleway Revitalization Plan) Schedule-Kathy McClung (20 minutes) 7. Open Public Meetings Act-Cary Driskell (20 minutes) 8. Council Procedures (meeting times,meals, etc.)-Mayor Towey (20 minutes) 9. Executive Session [*estimated meeting: 135 minutes] April 27,2010,Formal Meeting Format,6:00 p.m. [due date Mon,April 191 1. Consent Agenda: Claims,Payroll, Minutes (5 minutes) 2. Second Reading Proposed Ordinance Amending Comp Plan- Christina Janssen/Mike Basinger(10 minutes) 3. Second Reading Proposed Ordinance Amending Zoning Map-Christina Janssen/Mike Basinger(10 minutes) 4. First Reading Proposed Ordinance Amending CTR Plan-Morgan Koudelka (10 minutes) 5. Motion Consideration: Adopt Solid Waste Comp Plan-Mike Connelly (15 minutes) 6. Admin Report: Advance Agenda (5 minutes) 7. Admin Report: Council Broadcasting-Greg Bingaman/Morgan Koudelka (70 minutes) 8. Info Only: Department Reports 9. Executive Session [*estimated meeting: 125 minutes] May 4,2010, Study Session Format,6:00 p.m. [due date Mon,April 26] 1. Six-Year 2011-2016 Transp. Improvement Plan- Steve Worley (20 minutes) 2. Shoreline Master Program Report-Lori Barlow (15 minutes) 3.Website Update- Carolbelle Branch (30 minutes) 4. Advance Agenda (5 minutes) 5. Information Only: Summer Construction- Steve Worley 6. Executive Session [*estimated meeting: 70 minutes] May 11,2010 Formal Meeting Format,6:00 p.m. 'due date Mon,May 3] 1. Consent Agenda: Claims,Payroll, Minutes (5 minutes) 2. First Reading Proposed Ordinance Amending CTR Plan-Morgan Koudelka (10 minutes) 3. Proposed Resolution Accepting Shoreline Masterplan Report-Lori Barlow (10 minutes) 4. Admin Report: Advance Agenda (5 minutes) 5. Executive Session: [*estimated meeting: minutes] May 18, 2010, Study Session Format,6:00 p.m. [due date Mon,May 10] 1. Advance Agenda 2. Executive Session [*estimated meeting: minutes] Draft Advance Agenda 4/8/2010 11:41:38 AM Page 1 of 3 May 25,2010,Formal Meeting Format,6:00 p.m. [due date Mon,May 171 1. PUBLIC HEARING: Six-Year 2011-2016 Transp. Improvement Plan (10 minutes) 2. Consent Agenda: Claims,Payroll, Minutes (5 minutes) 3. Admin Report: Street Vacation STV 01-10—Karen Kendall (15 minutes) 4. Admin Report: Advance Agenda (5 minutes) 5. Info Only: Department Reports 6. Executive Session [*estimated meeting: minutes] June 1,2010, Study Session Format,6:00 p.m. [due date Mon,May 24] 1. Council Computer Training/Paperless Agenda Packets -Chris &Bing (20 minutes) 2. Advance Agenda (5 minutes) 3. Executive Session [*estimated meeting: minutes] June 8,2010 Formal Meeting Format,6:00 p.m. [due date Mon,May 311 1. Consent Agenda: Claims, Payroll,Minutes (5 minutes) 2.First Reading Proposed Ordinance Vacating Street(STV 01-10)-Karen Kendall (15 minutes) 3. Proposed Resolution Adopting Six-Year 2011-2016 TIP— Steve Worley (10 minutes) 4. Admin Report: Advance Agenda 5. Executive Session [*estimated meeting: minutes] June 15,2010, Study Session Format,6:00 p.m. [due date Mon, June 7] 1. Advance Agenda (5 minutes) 2. Executive Session [*estimated meeting: minutes] June 22, 2010: No Meeting: Council Attends AWC Conference in Vancouver(June 22-25) June 29,2010, Special Regular meeting format 6:00 p.m. [due date Mon,June 21] 1. Consent Agenda: Claims,Payroll, Minutes (5 minutes) 2. Second Reading Proposed Ordinance Vacating Street(STV 01-10)-Karen Kendall (10 minutes) 3. Advance Agenda (5 minutes) 4. Executive Session [*estimated meeting: minutes] July 6,2010, Study Session Format,6:00 p.m. [due date Mon,June 28] 1. Budget Process Update—Mike Jackson/Ken Thompson (20 minutes) 2. Advance Agenda (5 minutes) 3. Executive Session [*estimated meeting: minutes] July 13,2010, Special Meeting: Budget Retreat—CenterPlace Classroom 9:00 a.m.to approx 4:00 p.m. [due date Mon,July 51 July 13,2010 Formal Meeting Format,6:00 p.m. [due date Mon, July 51 1. Consent Agenda: Claims,Payroll, Minutes (5 minutes) 2. Admin Report: Advance Agenda 3. Executive Session [*estimated meeting: minutes] Draft Advance Agenda 4/8/2010 11:41:38 AM Page 2 of 3 OTHER PENDING AND/OR UPCOMING ISSUES/MEETINGS: ADA Plan Affordable Housing Participation Alternative Analysis (contracts) Area Agency on Aging Bidding Contracts (SVMC 3. —bidding exceptions) Boundary Review Board Collaborative Planning Budget(2010 Amendment) Budget 2011 (fall 2010) Clean Air Agency Code Amendments (Kathy McClung) Community Development Block Grant(Fall 2010) Concurrency East Gateway Monument Structure # Hotel/Motel Grant Proposals for 2011 (Nov 2010) Lobbyist Presentation(Gordon, Thomas,Honeywell) Milwaukee Right-of-way ! Outside Agencies Presentation (August) Overweight/over size vehicle ordinance Planned Action Ordinance Solid Waste Board Spokane Regional Transportation Council (SRTC)Interlocal Sprague Appleway Corridor Environ. Assessment Transportation Benefit District Interlocal Transportation Benefit District: (a). Establish ord.; (b)set public hearing; (c) draft resolution; (d) ballot language Transportation Impacts WIRA,Water Protection Commitment,public education =request for Council's early consideration #=Awaiting action by others * =doesn't include time for public or council comments Draft Advance Agenda 4/8/2010 11:41:38 AM Page 3 of 3