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2011, 03-29 Study Session Minutes MINUTES SPOKANE VALLEY CITY COUNCIL REGULAR MEETING STUDY SESSION FORMAT Spokane Valley City Hall Council Chambers Spokane Valley, Washington March 29, 2011 6:00 p.m. Attendance: Councilmembers Staff Tom Towey, Mayor Mike Jackson, City Manager Gary Schimmels, DepuTy Mayor Cary Driskell, Acting City Attorney Bill Gothmann, Councilmember Rick VanLeuven, Police Chief Dean Grafos, Councilmember Neil Kersten, Public Works Director Brenda Grassel, Councilmember Mike Stone, Parks & Rec Director Ken Thompson, Finance Director John Whitehead, HR Manager Mike Thompson, Fire Chief John Hohman, Senior Engineer Carolbelle Branch, Public Information Officer Carrie Koudelka, Deputy City Clerk Mayor Towey called the meeting to order at 6:00 p.m. ACTION ITEMS: 1 Proposed Resolution 11-003 Amendin�2011 Transportation Improvement Plan (TIP) — Steve Worlev It was moved by Deputy Mayor Schimmels and seconded to approve Resolution 11-003 adopting the amended 2011 TIP as presented. Public Works Director Kersten said Senior Engineer Worley has presented the TIP information to Council at previous meetings and they held a public hearing last week. Since adopting the 2011-2016 TIP, staff submitted applications for several grants to fund projects. The TIP is amended to reflect the deletion of the projects that did not receive funding, include projects that were not completed in 2010 and have been carried over to the 2011 construction year and include projects added to the 2011 construction year. Mayor Towey invited public comment; no comments were offered. Vote by acclamation: In favor: Unanimous. Opposed: None. Motion passed. 2 Motion Consideration: Sprague Avenue ITS Bid Award — Steve Worlev It was moved by Deputy Mayor Schimmels and seconded to award the Sprague Avenue ITS Project Base Bid and Additive 1 to the lowest responsible bidder, Aztech Electric, in the amount of $171, 462.45. Public Works Director Kersten said the project will be funded by a grant from the U.S. Department of Energy. He said they have done the design for this project and for the next extension of the project, from Evergreen to Sprague and Sullivan to I-90. In the TIP just passed by Council, it shows they received funding for construction through the next phase and with grants we have enough funding to do Sprague from University to Sullivan and Sullivan to I- 90, connecting signals to a central system to provide better timing and coordination. Mr. Kersten said Aztech Electric was the low bidder, and although they had a few rounding errors in their bid, overall it reflected a difference of approximately $33.00 but had no effect on low bidder outcome. Councilmember Grassel asked how the total dollar amount is calculated. Mr. Kersten explained that when adding the unit prices in the tabulations, it appears Aztech had a difference of $33 from their total bid amount entered, but he said he thinks the errors are attributed to rounding mistakes. Councilmember Council Study Session Minutes March 29, 2011 Page 1 of 5 Approved by Council: April 12, 2011 Grassel asked why the project cost is shown as $400,000 when the low bid came in at $171,462. Mr. Kersten explained $171,462 is for the construction of this portion; however, design work has already been done, staff time and design work by a contracted agency is also included in the $400,000 overall project price and said the project bid amount came in under the engineer's estimate. Mayor Towey invited public comment; no comments offered. Vote by acclamation: In favor: Unanimous. Opposed: None. Motion passed. 3 Motion Consideration� Approval of Procedure to Fill Council Vacancy #5 — Mavor Towev It was moved by Depury Mayor Schimmels and seconded to approve the procedure to frll the vacant Council position as outlined. CiTy Manager Jackson explained the procedure to fill this vacancy is similar to that used to fill the position last time as well as the procedure we are currently using this year. He said they are shortening the advertising time with the understanding that we have a position open and another one to fill. He said applicants from the current opening can submit a letter of interest to the City Clerk for the new vacancy rather than reapplying, or they can choose to reapply. Mayor Towey invited public comment; no comments were offered. Councilmember Gothmann said the procedure allows us to fill the vacancy by the filing deadline of June for the November election. Mr. Jackson said the City is required to fill the vacancy by June 11 or the decision would go to the County. By completing the process by May 17 it gives us plenty of time to meet that requirement. Councilmember Grassel asked what happens if the Council has a tie vote due to there being an even-numbered body. Mr. Jackson explained if there is a tie vote, the motion fails; a motion has to pass by a majority vote. Vote by acclamation: In Favor: Unanimous. Opposed: None. Motion passed. NON-ACTION ITEMS: 4. Council Position #3 Interviews — Mayor Towex Mayor Towey stated that candidate John Baldwin could not make the interview tonight due to personal reasons. Council will interview candidates alphabetically and Councilmembers can each ask three questions. Sample questions were provided to candidates in advance but Council is not limited to asking those questions. Councilmembers interviewed Steven Neill, Ben Wick, Jennie Willardson, and Arne Woodard. When concluded, Mayor Towey thanked the candidates for their commitment to apply for the position. He said Council will make their nominations at the April Sth meeting and added it will be a difficult decision for them to make. Mayor Towey called for a recess at 7: 40 p. m. The meeting reconvened at 7: 53p. m. 5. Greenacres Bid — Mike Stone Parks Director Stone discussed the Greenacres Park project and said that thanks to decisions made a few years ago they had a successful bid process. He said they put the plans and specifications together over the winter and were able to put the project out for bid after the first of the year. They opened the bids on March 17th and were pleased to receive five bids that were well below the engineer's estimate for this project. He said thanks go to the design team and the involvement and direction from the neighborhood. Mr. Stone said the project is divided into two phases with Phase 1 estimated to cost $1.5 million. Bouten Construction was the low responsible bidder at $937,973.00 for the base bid and five alternates. He said staff recommends awarding the base bid and the first four alternates, delaying the sign alternate until we have a Spokane Valley Park template sign that is easily recognizable. Mr. Stone said they plan to purchase a restroom from our State contract for $100,000.00, which is not included in this bid, coordinating with Spokane County for connecting to sewer, and making street and fronting improvements to Boone and Long. He said they are working with Avista and property owners across the streets to move power poles and put the power under the streets to create a more welcoming look. The street improvement estimate is approximately $90,000.00, which is well within the budget of $1.5 million, and we will be reimbursed $500,000.00 from two State appropriations. He said he looks forward to comments and thoughts from Council and hopes to get a consensus to move forward with award of the project. He said Council Study Session Minutes March 29, 2011 Page 2 of 5 Approved by Council: April 12, 2011 he anticipates completion by fall. Councilmember Grassel asked if there are any design changes they should know about. Mr. Stone said the 9-hole disk golf course was inadvertently left out of the plans but that was estimated to cost approximately $10,000 so it could still be incorporated. He said they worked to incorporate the neighborhood wishes of an agriculture and farm theme. Mayor Towey said it is nice to see the neighborhood had input and played a part in developing the park. It was the consensus of Council to place on April 5, 2011 agenda for motion consideration of bid award. 6 Hanson Industries Develo�er Agreement — John Hohman Senior Engineer Hohman explained the background of the current Development Agreement with Hanson Industries, stating that Hanson is a developer of several properties by Spokane Valley Mall. He said the project started in 1978 and covers 275 acres. Traffic concurrency requirements ensure the infrastructure is in place to support development or that a plan will be in place within six years to support the development. Mr. Hohman said Hanson Industries has been a proactive developer in the community, investing approximately $11 million into infrastructure. The original agreement will expire in 2014 and the developer asked if there is anything that can be done to attract business into Spokane Valley. He said Indiana and Sullivan improvements allow better traffic flow and they identified two projects in which the developer could participate — the concrete intersection at Sullivan and Indiana and the anticipated 2015 Sullivan Road West Bridge Replacement project. Hanson Industries agreed to provide additional right-of- way and financial contributions in exchange for extending the expiration of vested trips to March 2025. He said the agreement identifies the number of existing and new vested trips and sets some limitations on how the trips may be used which was a key concession for Washington State Department of Transportation (WSDOT). He said it also allows flexibility for using the trips differently in the future provided a i�ew traffic study is completed. He said in the existing agreement, there is no limitation on the trips. WSDOT looked at putting trips where they were modeled. He said Exhibit C shows the number of trips they will maintain in various areas. He said they want to give the developer additional flexibility for follow up traffic studies to look at how capacity is maintained. The purpose is to provide development certainty for this portion of the city. He said he is looking for Council consensus to move forward for motion consideration on April 5. Councilmember Grafos asked what the driving factor was for WSDOT to offer concessions. Mr. Hohman said it is somewhat unusual but through their negotiations, he thinks they saw the value and importance of the traffic flow in that area. It was the consensus of Council to add to April S agenda for motion consideration. 7 Indiana Avenue Extension Project — Neil Kersten Public Works Director Kersten said they revised the Indiana Avenue Extension project to accommodate some of the requests from citizens. To access the Old Mission Trailhead, they included a ten-foot pathway along the north side of Mission Parkway to Flora Road allowing access to the Centennial Trail. He informed Council that the project will not allow going beyond the limits of the project, but they can consider a separate project to upgrade Old Mission Avenue and add parking at the trailhead and Council would have to approve the funding. Mayor Towey said originally he thought there was not enough room to provide parking, but there is room within our 60- foot right-of-way. Mr. Kersten confirmed we could make a much nicer road or gravel or paved area to park in and that access to the trailhead is not changing. Councilmember Grassel asked if we could pave Old Mission road. Mr. Kersten said paving would have to be funded using City funds because it is not part of the scope of work for this project. Mayor Towey asked it would save us money to pave and extend the pathway at the same time we do the rest of the project. Mr. Kersten said that we would likely save money and if we paved the road we could extend the bike lane. Councilmember Gothmann said he thinks that we should prioritize that addition with our other projects. He said it would be great to get a cost estimate and put it in perspective with our other projects. Deputy Mayor Schimmels said we could likely save 25-40% by doing it with the roadway, and added that could be a significant savings. Council Study Session Minutes March 29, 2011 Page 3 of 5 Approved by Council: April 12, 2011 City Manager Jackson said staff can put together a separate project and estimate for the trailhead portion and schedule for a future Council study session. Mr. Kersten said to access the Appleway Florist property, they provided a connector street between Indiana Parkway and Mission Parkway and a left-turn access going east on Indiana Parkway into Appleway Florist's adjacent property. He said this is a full public road that will be funded as a change order to the current project. He said it was not a negotiated item but it is something they can design. He said Centennial will donate the right-of-way for the road so we do not need to pay for the right-of-way other than our matching funds for the grant. Mr. Kersten said that the safety of roundabouts has been the topic of a lot of discussion. He said he has provided information in the Council packet and Washington State Dept. of Transportation (WSDOT) has a great deal of information on their website. In addition, the design manual has site data from the Federal Highway Administration about the improvement of safety when using roundabouts. He said they create an overall reduction of collisions by 30% and a decrease in fatalities by 90% because it is difficult for t- bone and head on collisions to occur in a roundabout. He said it reduces overall injuries by 75% and pedestrian collisions by 40%. Mr. Kersten said the data seems consistent in other states and countries that have done similar studies. Councilmember Grassel asked if they discussed proposed bus stops with the neighborhood. Mr. Kersten said the bus stops should not be impacted. Councilmember Grassel said we should tell the community where they will be located. Mr. Kersten said buses typically pick up and drop off passengers just past the intersections so this would not be an impact. Mr. Kersten said that a few other issues came up at a recent site meeting. The canoe and kayak clubs want the neighborhood river access to stay open. He said it will stay open and they will talk about the need to add signal lights for pedestrians and flashing lights to notify traffic that someone wants to cross. He said currently, the WSDOT standards do not recommend putting in lights but if the standards change in the future they would look at putting in a signal at that time. He said they will lay the conduit in anticipation of lighting in the future so we will not need to tear up the road later. He said another issue was concerning when a"double `S' curve" should be used. He said they are recommended for roundabouts used in high- speed areas, 50 mph and higher. He said they are not recommended for lower speeds and he wants to follow the standards. Mr. Kersten said they hope the project will be awarded next week. He said they got fantastic bids, about 30% below the engineer's estimate. Councilmember Gothmann said the TIB reimbursement is based on the actual bid and not the engineer's estimate. City Manager Jackson said that on April 5 the tabled motion from the March 22nd meeting comes back for Council consideration and that the best process is to put that motion back on table which is to consider award of the bid for the project. He said if there are other concerns or issues about the project, we will schedule another agenda item to address that, but the motion that will be put back on the table next week is to award the contract and the public will have an opportunity to comment. 8. Advance Agenda — Mavor Towey No comments. 9. Permit Trackin�oftware was for information only and was not reported or discussed. 10. Council Check-in — Mayor Towev No comments. Council Study Session Minutes March 29, 2011 Page 4 of 5 Approved by CounciL April 12, 2011 11 City Manager Comments — Mike Jackson City Manager Jackson said the Washington Recreation and Park Association will present the Spotlight Award for Spokane Valley's Discovery Playground on April 28 in Wenatchee. He said Parks Director Stone will give a report to Council on that afterward. He also said that March 31 st is the City of Spokane Valley's 8th birthday and provided some characteristics of 8-year olds: growth is slow and steady, they are eager and enthusiastic, and they respond best to praise and encouragement but sometimes need a little guidance. There being no further business, it was moved by Deputy Mayor Schimmels, seconded, and unanimously agreed to adjourn. The meeting adjourned at 8:55 p.m. % �� A mas E. Towey, ayor , ,�:, `.��► Christine Bainbridge, City Clerk Council Study Session Minutes March 29, 2011 Page 5 of 5 Approved by Council: April 12, 2011 2 � � Public Works Department poka.ne Capital lmprovement Program Va11ey� 11707 E Sprague Ave Suite 106 ♦ Spokane Valley WA 99206 509.921.1000 ♦ Fax: 509.921.1008 ♦ cityhallC�spokanevalley.org Memorandum Date: March 28, 2011 To: Neil Kersten, Public Works Director From: Ken Knutson, Project Manager Re: Recommendation to award Spra ue Ave ITS — Phase 1 to Aztech Electric, Inc. The bid opening for Sprague Avenue ITS — Phase 1 was held Friday, March 25, at 10:00 AM. A total of $171,500 in available funds was announced immediately prior to opening bids. Aztech Electric, Inc. submitted the following lowest responsible bid. Base Bid (Schedule A) $137,452.77 Additive 1 (Schedule B) $ 34,009.68 Additive 2 (Schedule D) $ 10,33030 Total $181,792.75 Review of the bid found minor math errors and no omissions. Correcting the errors did not change the order of bidders on any of the schedules. The Base Bid installs fiber optic cable on Sprague Avenue between University Road and McDonald Road and will connect traffic signals to the Spokane Regional Transportation Management Center. Additive 1 provides for the installation of a traffic camera between Pines and McDonald. Additive 2 extends the fiber optic cable to Evergreen Road and connects that signal as well. Four preferences were listed in the bidding package: (1) Base Bid plus both Additives, (2) Base Bid plus Additive 1, (3) Base Bid plus Additive 2, (4) Base Bid. Preference #2, the Base Bid plus Additive 1 is the highest preference within the available funds for the project at $171,462.45. I recommend award of Sprague Avenue ITS — Phase 1 project to Aztech Electric for the Base Bid plus Additive 1. Attachment: Sprague Avenue ITS — Phase 1 Bid Tabulation Item 5— Corrected contractor spelling CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: March 29, 2011 City Manager Sign-off: Item: Check all that apply: ❑ consent ❑ old business ❑ new business ❑ public hearing ❑ information � admin. report ❑ pending legislation AGENDA ITEM TITLE: Greenacres Park Phase 1 Bid Update GOVERNING LEGISLATION: N/A PREVIOUS COUNCIL ACTION TAKEN: Final design approved by Council in June 2010 and funding was approved in July 2010. BACKGROUND: The Greenacres Park Phase 1 Project was advertised for bids beginning February 25, 2011. Bids were opened Thursday, March 17, 2011. Five bids were received with all five bids being significantly lower than the Landscape Architect's estimate. The low responsible bid was submitted by Bouten Construction Company. This project is funded with $500,000 from the state and the balance from the Parks and Recreation Capital Fund. The Phase 1 cost estimate was $1,538,322.40 which included the base bid and five alternates. The low responsive bid was $937,973.00 for the base bid and the five alternates. Staff will be recommending awarding a contract for the base bid and alternates 1-4. The alternates include: 1) installation of turF and irrigation for Phase 2 of the park; 2) add the sand and water play area; 3) add one small shelter; and 4) substitute concrete for asphalt on the perimeter path system. By accepting several of the alternates, several items included in Phase 2 will be completed in Phase 1 saving the City money down the road when Phase 2 is constructed. Construction items not included in the bid include: purchasing the restroom from a state contract at approximately $100,000, costs for completing street improvements which include widening the streets and moving utility line at approximately $90,000 and our existing consultant contract for design and project management. The City will be using the standard AIA contract A101-2007 for this project. OPTIONS: 1) provide additional direction to staff. RECOMMENDED ACTION OR MOTION: Consensus to bring back a Greenacres Park Phase 1 bid award recommendation for Council consideration. BUDGET/FINANCIAL IMPACTS: This project is funded with $500,000 from two state appropriations and the balance from the 2011 Parks Capital Budget. STAFF CONTACT: Michael D. Stone Director of Parks and Recreation ATTACHMENTS: 1) Bid Tabulations � o 0 0 0 0 0 0 0 0 0 0 0 0 `o c o 0 0 0 0 0 0 0 0 0 0 0 0 � � o M� v M �� M M �� o '++ M O� 00 M Cfl N O� a0 N O � CO CO � V N I� tn Ln �� I� N � �� V� J O� Cfl I� (V � O e- I� � � OD J � � � � � � � � � � � O b � C �? � Y � � � o V � a 0 0 0 0 0 0 0 0 0 0 0 0 0 c o 0 0 0 0 0 0 0 0 0 0 0 0 � v N � O� O�' O� O O O�f O I� � Q � G� '; O 00 O O O r O� O � O ln � 3 � � ocfl o0 orn o� orn orn c� � N �� lf� tn N 00 N r O � N � �� N � CO � Ef? N Efl N K3 N EA � O �� C � Efl EA E,9 Efl t�? 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Ef3 ffl � ` T a o N y� ti O O O O O O O O O O O O O G> � � C O O O� O CO O� O� O O �t O f� O M O N O � O� O N N k V � '++ .4+ O M O f� O M O O O 00 O� N � �� C> t0 O d' I� M 00 (h N 00 � I� O C'7 M � m � � E � � � I� �� N N CO � CO � 00 +-' tn � � � � 64 M 69 CD 64 � 64 M � � � N O Efl � EA EA 64 EA EA � � O W � W � b4 � � � Z p Q V O G g�Z °� �� ~� �� ° � m~ a~ a~ a~ a~ a~ m mvw wv� zv� zv� zv� zcn zv� � � Q w a � w � w � w � w � w � w a H"� O Q J W J W J W J W J W J H o m a �a �a �a �a �a o o�o �, a �, Q �, Q �, Q �, av, � m a m Item 6 CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: March 29, 2011 City Manager Sign-off: Item: Check all that apply: ❑ consent ❑ old business � new business ❑ public hearing ❑ information � admin. Report ❑ pending legislation AGENDA ITEM TITLE: Development Agreement with Hanson Industries: GOVERNING LEGISLATION: None BACKGROUND: Hanson Industries is the owner/developer of certain real property generally located within an area bounded by Flora Road to the east; Interstate 90 to the south; the Spokane River and Indiana Ave to the north; and the intersection of Mirabeau Parkway and Indiana Avenue to the west. The properties are known as Hanson Center East, Hanson Center West, Market Pointe I and Market Pointe II. Hanson Properties has a significant number of vested traffic trips that will expire in March 2015. These trips were created through agreements between Hanson Industries and Spokane County prior to the City's incorporation and were the result of significant infrastructure investment by the developer. Due to the current economic downturn, several of the parcels associated with the vested trips remain undeveloped. In order to foster economic development, Hanson Industries desires to partner with the City on a new development agreement. The developer agrees to contribute cash and property for future improvement to the Sullivan and Indiana intersection. The initial improvements would be constructed as part of the 2011 Sullivan/Indiana resurfacing project. Additional property will be dedicated to the City for the anticipated 2015 Sullivan Road West Bridge Replacement project. The improvements to the intersection will mitigate traffic impacts by Hanson Industries, other businesses in the vicinity, and the general public. In exchange, Hanson Industries has requested that the expiration date of the trips be extended to March 2025, and that a number of new trips be vested for future use. RECOMMENDED ACTION OR MOTION: Consensus to forward the proposed developer agreement for a first reading. STAFF CONTACT: John Hohman, Development Services Senior Engineer, PE, CFM ATTACHMENTS: Proposed Hanson Development Agreement Hanson Agreement Exhibit A— Hanson properties map Hanson Agreement Exhibit B— Sullivan Road Dedication Hanson Agreement Exhibit C— Vested Traffic Trip Distribution PowerPoint Presentation DEVELOPMENT AGREEMENT Hanson Industries, Inc. This Development Agreement ("Agreement") is entered into by and between Hanson Industries, Inc. ("Developer"), a Washington corporation, having offices for the transaction of business at 15807 East Indiana, Spokane Va11ey, WA 99216, and the City of Spokane Valley ("City"), a municipal corporation of the State of Washington, hereinafter jointly referred to as "Parties": RECITALS 1. This Agreement is entered into by the Parties pursuant to RCW 36.70B.170-210 and RCW 82.02.020 to mitigate a direct impact identified as a consequence of the development of certain properties as described in Recital2, below. 2. Developer is the owner/developer of certain real property generally located within an area bounded by Flora Road to the east; Interstate 90 (I-90) to the south; the Spokane River and Indiana Avenue to the north; and the intersection of Mirabeau Parkway and Indiana Avenue to the west shown on Exhibit A(herein collectively referred to as "Properties"). The individual Properties are commonly known as Hanson Center East, Hanson Center West, MarketPointe I and MarketPointe II. 3. Since 1997, and pursuant to the Agreements and Resolutions identified in Recital 4, below, Developer has performed the following transportation-related improvements or contributed financially to mitigate traffic impacts due to development of the Properties: • Dedicated right-of-way (ROW) for the widening and construction of Sullivan Road north of I-90 to the Spokane River Bridge; • Dedicated ROW and installed the loop ramps off I-90 Westbound at Sullivan Road and Westbound to I-90 behind Barnes & Noble Booksellers store. The dedicated ROW, east of Sullivan Road, was later used for the revised westbound Sullivan Loop ramp project to increase capacity for westbound traffic; • Dedicated ROW and widened Indiana Avenue between Sullivan Road and the westerly join line of the existing Indiana Avenue; • Dedicated ROW for construction of the new Indiana Avenue, which included additional land for the alignment of Mirabeau Parkway and Indiana Avenue; • Upgraded traffic signals and constructed an additional right turn lane from northbound Pines Road at the intersection of Pines Road and Indiana Avenue; • Contributed to the intersection of Sullivan Road and Indiana Avenue signals; • Constructed new Indiana Avenue between Sullivan Road and its easterly terminus (eastern boundary of Hanson Center East); Page 1 of 7 • Dedicated ROW and participated financially in the Evergreen Interchange improvements; and • Contributed $200,000 for the extension of Indiana Avenue to Flora Road. 4. The following Agreements and Resolutions gave Developer 4,186 vested P.M Peak Hour traffic trips for transportation concurrency purposes as required by RCW 36.70A.070 for a period of 15 years ending on March 9, 2015: • Spokane County Resolution No. 98-0829 dated October 18, 1998; • Satisfaction of Conditions Agreement dated November 19, 1998 ("Satisfaction Agreement"); • Addendum to First Agreement dated March 9, 2000 ("Addendum Agreement" — Authorized under Spokane County Resolution No. 99-1135; and, • Development Agreement dated March 9, 2000 ("Development Agreement") — Authorized under Spokane County Resolution No. 99-1135. The validity of these prior Agreements and Resolutions is acknowledged by the parties. 5. Due to the recent economic downturn and other factors Developer has 1,853 unused vested P.M. Peak Hour traffic trips that will expire on March 9, 2015. Further, several of the vested parcels remain undeveloped and a portion of the vested P.M. Peak Hour trips will expire before the full build-out of the properties. 6. Developer has requested that the expiration date of the banked traffic P.M. Peak Hour trips be extended to December 31, 2025 and that 361 additional traffic P.M. Peak Hour trips vest for concurrency purposes as allowed by RCW 36.70A.070 and Spokane Valley Municipal Code ("SVMC") Title 22.20. The Developer is vested with all P.M. Peak Hour trips for use for the Developer owned Properties for development actions. The Developer shall have the right to transfer such P.M. Peak Hour trips in its sole discretion for development actions within the Properties subject to the limitations described in Section 6 of this Agreement. 7. The Spokane Valley Comprehensive Plan (the "Comprehensive Plan") contemplates that the City will improve the intersection of Indiana Avenue and Sullivan Road through the Indiana/Sullivan Concrete Intersection project (hereinafter "the Sullivan Intersection Project") scheduled for 2011, and the Sullivan Road West Bridge Replacement project (hereinafter "the Sullivan Bridge Project"), which is currently scheduled to be completed by 2015. 8. The City has determined that modifications to the south portion of the Indiana Avenue and Sullivan Road intersection, to be done with the Sullivan Intersection Project, and the modifications to the north half of the intersection, to be done with the Sullivan Bridge Project, will mitigate traffic impacts from the Properties and others in the vicinity and allow for additional P.M. Peak Hour trips for concurrency purposes as required by RCW 36.70A.070 and SVMC Title 22.20. 9. Developer has agreed to contribute financially in the amount of $1,368 for the Sullivan Intersection Project and to dedicate up to 2,204 square feet of ROW on the northwest corner of the Sullivan RoadlIndiana Avenue intersection for the future modification of the north half of this intersection. This future work is anticipated to be part of the Sullivan Bridge Project. Page 2 of 7 10. This Agreement is consistent with the Comprehensive Plan, the applicable development regulations and the 2011 adopted Council Goals. 11. This Agreement provides for the payment of a proportionate share of the improvements deemed necessary at the intersection of Sullivan Road and Indiana Avenue, which are a direct result of traffic impacts associated with the Properties. AGREEMENT NOW, THEREFORE, in consideration of the mutual covenants and conditions hereafter set forth, the Developer and the City hereto agree as follows: 1. Purpose. This Agreement is intended to amend and supplement the prior Agreements and resolutions set forth in Recital 4, above. All prior agreements not inconsistent with the terms of this Agreement shall remain in full force and effect. 2. Voluntarv A�reement. This Agreement, including all attached documents, is a voluntary agreement as that term is used in RCW 82.02.020 and RCW 36.70B.170-210. The contribution offered is proportional to the traffic related impacts generated by the Development and mitigates a direct impact that has been identified as a consequence of the proposed development. In the event this mitigation Agreement is breached by the Developer, all of the City's obligations under this Agreement shall terminate. In the event this mitigation Agreement is determined by a court to be invalid, the City shall refund the unexpended portion of the contribution, and the City's obligations under this Agreement shall terminate, however; the Developer's rights regarding the vested P.M. Peak Hour trips for the Properties revert back to the Agreements, referenced in Recital4, above. 3 Project. There are two projects associated with this agreement. The 2011 Sullivan Intersection Project will modify the south half of the Sullivan Road and Indiana Intersection to add turn and through capacity. The Sullivan Bridge Project will add turn and through lane capacity by modifying the north half of the intersection. The mitigation fee shall be based upon the construction costs for the Sullivan Intersection Project. 4. Contribution. The Developer shall in addition to amounts previously agreed to, pay $1,368. This contribution will be used in the Sullivan Intersection Project. The Developer also agrees to dedicate up to 2,204 square feet of additional right-of-way as measured from Sullivan Road westward at the northwest corner of the intersection (Parcels 45114.0205 and 45116.0213) shown on Exhibit B for construction of future improvements as part of the Sullivan Bridge Project 5. Pavment The Developer agrees to pay all of the above-identified contribution at such time the City deems necessary. Payment shall be made within 30 days after receiving notice from the City. 6. Extension of time for banked P.M. Peak Hour trins — The Developer entered into a developer agreement on March 9, 2000 with Spokane County whereby Spokane County acknowledged the considerable infrastructure improvements, ROW donations, and cash Page 3 of 7 contributions by Developer, and contractually agreed that Developer shall have reserved for future concurrency purposes 4,186 P.M. Peak Hour trips for a period of 15 years, expiring March 9, 2015. The parties acknowledge that many of the P.M. Peak Hour trips identified in the March 9, 2000 developer agreement have already been used, and that as of the date of execution of this Agreement, 1,853 vested P.M Peak Hour trips remain. The Developer is vested with all the P.M. Peak Hour trips for use for the Developer owned Properties for development actions. The Developer shall have the right to transfer such P.M. Peak Hour trips in its sole discretion for development actions within the Properties subject to the trip distribution shown on E�ibit C. P.M. Peak Hour trips must be used in the designated east, west, and MarketPointe I/II areas and cannot be re-allocated without the developer performing a new traffic impact analysis with a scope that is appropriate for the circumstances. In the event that P.M. Peak Hour trips are not used for MarketPointe UII, the remaining P.M. Peak Hour trips for this area will revert 70 percent to the west area and 30 percent to the east area. In consideration for the additional monetary and ROW contributions set forth in Section 3, above, City agrees to extend the time under which those P.M. Peak Hour trips are available for concurrency purposes from March 9, 2015, to December 31, 2025 and allow an additional 361 vested P.M. Peak Hour traffic trips. Any development project on the Properties must fully utilize the trip bank, vested through this Agreement, before claiming any additional capacity. 7. Future Traffic Analvsis and Development. The P.M. Peak Hour trips allocated to Developer shall be considered vested pipeline projects for any traffic analysis conducted for other development proj ects in the area. Additional intersection capacity beyond the vested P.M. Peak Hour trips shall be used on first-come, first-served basis by the general public. 8. Compliance with RCW 82.02.020. Payment collected by the City will be held in a mitigation fee reserve account and may only be expended to fund the design, right-of-way acquisition, and construction of the Sullivan Intersection Project. Payments shall be expended within five yeaxs of collection. The City shall be entitled to reimbursement from the mitigation fee reserve account for any funds it may expend for the design, right-of-way acquisition, and construction of the Sullivan Intersection Project prior to the collection of the fee. Any funds in the mitigation fee reserve account not expended within five years shall be refunded by the City with interest as provided in RCW 82.02.020. 9. Reservation of Authoritv. Pursuant to RCW 36.70B.170 the City reserves the authority to impose new or different regulations to the extent required by a serious threat to public health and safety. 10. Notice All communications, notices or demands of any kind which a party under this Agreement is required or desires to give to any other party shall be in writing and be either: (1) Delivered personally, (2) Sent by facsimile transmission with an additional copy mailed first class, or (3) Deposited in the U.S. mail, certified mail postage prepaid, return receipt requested and addressed as follows: Page 4 of 7 If to the City: City of Spokane Valley 11707 East Sprague Avenue, Suite 106 Spokane Valley, WA 99206 Fax: (509) 921-1008 Attn: City Manager If to the Developer: Hanson Industries 15807 East Indiana Avenue Spokane Valley, WA 99216 Fax: (509) 922-5757 11. Successors. This Agreement shall be binding on and inure to the benefit of the successors and the assigns of the Parties. 12. Governins Law. This Agreement shall be construed in accordance with the laws of the State of Washington. Any action for enforcement of this Agreement shall be brought in a court of competent jurisdiction in Spokane County, Washington or as otherwise provided by statute. 13. Modifications No modification or amendment of this Agreement shall be valid until the same is reduced to writing and executed with the same formalities as the present Agreement. 14. Waiver. No officer, employee, agent or otherwise of the City has the power, right or authority to waive any of the conditions or provisions to this Agreement. No waiver or any breach of this Agreement shall be held to be a waiver of any other or subsequent breach. 15. Representation. This Agreement forms a fully integrated agreement between the Parties. No other understandings, oral or otherwise, regarding the subject matter of this Agreement shall be deemed to exist or to bind any of the Parties hereto All Parties have read and understand all of the Agreement, and now state that no representation, promise or agreement not expressed in the Agreement has been made to induce any Party to execute the same. 16. Authoritv. Both Parties to this Agreement represent and certify that they have full authority and power to enter into and carry out this Agreement. The persons signing this Agreement represent that they have authority to act for and bind their respective principals. Page 5 of 7 IN WITNESS WHEREOF, the Parties have executed this Agreement this _ day of , 2011. DEVELOPER: g Its: President Name: Robert J. Boyle STATE OF WASHINGTON ) ) ss. County of Spokane ) On this day of 2011 before me, the undersigned, a Notary Public in and for the State of Washington, duly commissioned and sworn, personally appeared to me known to be the of , the corporation that executed the foregoing instrument, and acknowledged the instrument to be the free and voluntary act and deed of the corporation, for the uses and purposes therein mentioned, and on oath stated that he is authorized to execute the instrument. WITNESS my hand and official seal hereto affixed the day and year in this certificate above written. NOTARY PUBLIC, in and for the State of Washington, residing at My commission expires: Printed Name Page 6 of 7 CITY OF SPOKANE VALLEY: Mike Jackson, City Manager ATTEST: APPROVED AS TO FORM: Chris Bainbridge, City Clerk Office of the City Attorney Page 7 of 7 a� a a � U Q 7 W o Flora Rd Flora ' Bridge • FI ra Rd N � W � �a Z � �, � ¢ _ � � d V C 7 W � N � W y � � � W � .� � 0 � Sulli an Rd � y o � O 'o o °; a � � '^ ` > VJ � � m � 3 v � 3 0 � °' � Adams Rd � � 1 � � -�--i .� � � d � Q � Evergreen Rd X � c W �m �6 U -° c C � � N C l0 bea �P � N"<a a� a ; _ a y McDonald Rd McDon Id Rd v w � N C N � __ _ _ _ . _ _ _ _. _ _ _ � � / �=�' I � / � � / � I � � W � i / i �r' � J e N � � Z � --�% `�t �. O N �----- ----{--------- = I ~ U N W � V � i r� �0 � � o aeo� Ndmm�s ` � o�w � � N O � N � Q _ - -�_ _ _- - i I �. � � � O --- -- � � � � \ \ \ \ N i �� U __--------� \� � - r ----- � � I � � � m , , ___ � W p � � ..-----�i — — t — � � -- �-- � / ��w � j � � � - � p= �� o i �� ► i Q � � z u-' w� I� J�� - I � Q � Z�� Q- �` � I I / � J j J ��z % � m oz �� j I w w / � � � w � wQ0 % `n zM z � o I i � U j m z cnwo/ N N. w i _. I i ��o � � w �' w I I / r () � ° Y ZO� � � �� F-�� I � � ��'Y / / c �� I ( I � � �� %/ � � � / �_ ,� ; o ' --- - � '= _ —_.� _ ¢ _-_ �� Q � w � I o _ , 1 � I � z \ � �' I w \ , i � � Exhibit C Vested Traffic Trip Distribution Hanson Property Name Vested PMPeak Hour Tri s Hanson Center East 1,255 Hanson Center West 846 Market Pointe UII 113 Total 2,214 � � • a • � � e � , �� a • � • � � � � � • � � _ � � ��a+� \� � �� ''_'-`' l�i'� s��N. �' ° ,�.� � •'F .. �` �Yf.-�w a_e �`ti� ,. �' S ' s '?` t .^ 'i� �e- ,-� +" �,w �ry' . 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'F. �r . .,� .i$" .a�'��„ .�,;2 ��:R�_ . a'r b . -''�i Sz.. �� 7 Indiana Avenue Extension Project — Issues — 3/29/2011 1. Access to Old Mission Trailhead: • Direct vehicular access from the new Mission Parkway onto Old Mission Avenue. No impact to existing trailhead or parking. • 10' pathway from Old Mission Avenue entrance along the north side of Mission Parkway to Flora Road. Connects to the 10' pathway going north on Flora towards the Flora access to the Centennial trail. • Council could consider a separate project to upgrade Old Mission Avenue and add parking area at the trailhead. The upgrade could be paved or gravel. 2. Access to Appleway Florist Property: • Provided connector street between Indian Parkway and Mission Parkway that will provide direct access to the Appleway Florist property. • Also provide a left turn access going east on Indian Parkway into Appleway Florist's adjacent property. • Connector street will also provide more convenient access to the trailhead for those coming eastbound from Sullivan Avenue. 3. Roundabout Safety: • The Washington DOT's (WSDOT) webpage for "Roundabout Benefits" cites data from FHWA and the Insurance Institute for Highway Safety (IIHS) cites data that roundabouts improve the safety for not only vehicles but pedestrians as well. WSDOT/FHWA Overall Reduction in Collisions 37% Reduction in Fatality Collisions 90% Reduction in Injury Collisions 75% Reduction in Pedestrian 40% Collisions Reduction in Bicycle Collisions Not indicated • See attached memorandum dated 3/24/11 for more information. S c-,T,.�-� ne Public Works Department � rQ��y 11707 E Sprague Ave Suite 106 ♦ Spokane Valley WA 99206 509.921.1000 ♦ Fax: 509.921.1008 ♦ cityhallC�spokanevalley.org M emorandum To: Neil Kersten — Public Works Director From: Ryan Kipp — Assistant Traffic Engineer CC: Date: 3/24/11 Re: Pedestrian Safety at Roundabouts Roundabouts improve safety at for the majority of the pedestrians compared to conventional intersections. However, it may be more difficult for pedestrians with visual impairments. One way safety is improved is that the speed is reduced as vehicles enter the roundabout. All traffic is slowed as it approaches the roundabout to 20 mph or less. Slower speeds axe safer for pedestrians. According to the FHWA, "Pedestrians and bicyclists have far less risk navigating roundabouts than the typical intersections primarily because of the lower speeds. A pedestrian has an 85% cha,nce of being killed by a vehicle traveling at 45MPH. That drops to 15% when the vehicle is traveling at 20MPH." hrip•//safetv fhwa dot gov/intersection/roundabouts/presentations/safetv aspects/short.cfin (Slide 13) Another way it is improved is that the crossing time is decreased since the crossing distance is shorter. The channelizing islands that direct cars around the circle act as refuge for pedestrians by limiting their exposure to vehicle travel paths. See the Vehicle-Pedestrian Conflict Points Figure. Figure: Vehicle-Pedestrian Conflict Points diagram �� ""�".# �-_ \\SV-FS2�Public Folders�Public Works\Traffic\Council Actions and Code Revisions�Pedestrian Safety at Roundabouts.doc 1/4 In addition FHWA says that the reduced conflict points safety improve safety by: - Pedestrians are faced with simpler decisions at a time and they travel shorter distances. - At a pedestrian crossing one is faced with two less hazardous conflicts then at conventional intersections (whether stopped or signal controlled). http•//safetv fhwa.dot.�ov/intersection/roundabouts/presentations/safety aspects/short.cfrn (Slides 14 and 19) The FHWA has related both of these features to safer pedestrian crossings. The FHWA Designing Sidewalks and Trails for Access: Best Practices Design Guide (http://www.fhwa.dot.gov/environment/sidewallQ/sidewa1ks208.htm) Ilsts Sev0Ta1 teCllnlques to improVe pedestrian safety at intersections. Section 8.1.3 Design Solutions: Selected techniques that can help improve pedestrian conditions and access at intersections is outlined in the following list: • Install a center median to provide a refuge for slower pedestrians; • Reduce crossing distances and increase visibility through the construction of curb extensions; • Reduce traffic speed. Section 8.5.2 Crosswalk Research: The presence of a median decreased the pedestrian crash risk. The Wisconsin DOT on its webpage about roundabouts states: Roundabouts move traffic safely through an intersection because of: • Slower speeds; • Fewer conflict points; • Easier decision-making. http://www.dot.wisconsin. �ov/safety/motorisdroaddesign/roundabout.htm A paper titled The Effects of Roundabouts on Pedestrian Safetv written by the Department of Civil Engineering at North Carolina State University and prepared for The Southeastern Transportation Center. The paper was funded by The Southeastern Transportation Center through grant from the University Transportation Centers Program, US DOT. This is a detailed research paper for a proposed roundabout, and it is cited by multiple agencies. The study states in its conclusions, "Results of this study indicate that converting conventional signalized intersections to modern roundabouts may reduce pedestrian-vehicle crashes and conflicts according to available literature and three independent approaches (case study, regression and simulation)." http://stc.utk.edu/STCresearch/completed/PDFs/rndabt.pdf (pg 40) NCHRP Report 572 — Roundabouts in the United States savs, includes a section titled "Pedestrian and Bicyclist Observations." It says, The overwhelming majority of the roundabouts observed in this observational study showed very few problems for crossing pedestrians and traversing bicyclists. From a safety perspective, where safety is measured in terms of crashes or in terms of a surrogate such as conflicts, the roundabouts observed performed very well. Out of the 769 pedestrian crossing events and 690 bicyclist events observed from video recordings, there were no observed crashes and only eight observed conflicts (D.5%). The low observation numbers confirm what was found in the crash reports that were collected for \\SV-FS2�Public Folders�Public Works\Traffic\Council Actions and Code Revisions�Pedestrian Safety at Roundabouts.doc 2/4 this project. Crash reports collected from 139 legs at 39 roundabouts reveaded a total of five reported pedestrian crashes and eight reported bicyclist crashes across all sites over a mean reported crash history period of 3.8 years per site. http://onlinepubs.trb.or onlinepubs/nchrp/nchr� rpt 572.pdf (pg 110) However, the paper does mention that that it seems at that exit lanes are riskier for pedestrians than entry lanes since motorists are less likely to yield to pedestrians in the crosswalk. However it states In summary, the findings of this research did not find arry substantial safety problems for non-motorists at roundabouts.... At the same time, the findings have highlighted some aspects of roundabouts where pedestrian and bicyclist ability to use the roundabout may be compromised... For example, care must be taken to ensure that vehicles yield to waiting or crossing pedestrians. An emphasis needs to be placed on designing exat lanes to improve upon the behaviors of both motorists and pedestrians. http://onlinepubs.trb.or onlinepubs/nchrp/nchrp rpt 572.pdf (pg 110) The Washington DOT's (WSDOT) webpage for "Roundabout Benefits" cites data from FHWA and the Insurance Institute for Highway Safety (IIHS) cites data that roundabouts improve the safety for not only vehicles but pedestrians as well. In addition, The New Hampshire DOT (NHDOT) has a pamphlet titled Sin�le-Lane Roundabout, showing similar data. A summary of the data is shown in Table 1. Table 1 WSDOT* NHDOT** Overall Reduction in Collisions 37% Not indicated Reduction in Fatali Collisions 90% 90% Reduction in In'u Collisions 75% 75% Reduction in Pedestrian Collisions 40% 30-40% Reduction in Bic cle Collisions Not indicated 10% http:l/www.wsdot.wa. gov/Safety/roundabouts/benefits.htm " Lane.pdf In addition, there is also international evidence that roundabouts are safer for pedestrians. Roundabouts are more numerous internationally and have also been used longer. An FHWA � article Roundabout Safetv comes to America, references studies done in Europe that indicate roundabouts are safer for pedestrians. "A recent study in the Netherlands of 181 mini- roundabouts that were converted from three- and four-leg intersections found injuries to bicyclists decreased on average from 1.30 casualties per year to 0.37 casualties per year a 72- percent reduction." http://www.fhwa.dot.QOV/publications/publicroads/95fa1Up95au41.cfin Also, on the Q&A page about roundabouts on the IIHS web site, it mentions that in general roundabouts are safer for pedestrians due to shorter crossing distances and lower traffic speeds. It also cites studies in Europe that, "... on average, converting conventional intersections to roundabouts can reduce pedestrian crashes by about 75 percent." http://www.iihs.or�/research/qanda/roundabouts.html (question number 10). \\SV-FS2�Public Folders�Public Works\Traffic\Council Actions and Code Revisions�Pedestrian Safety at Roundabouts.doc 3/4 The sentiment that roundabouts are safer is also echoed by the bicycling community. From Bicyclinginfo.org, the Pedestrian and Bicycle Information Center, Do roundabouts work for bicycles and pedestrians? (http://www.bic� ing fo.or�qs/answer.cfin?id=3454): Modern roundabouts by their design require motorists to slow down typically to less than 25 mph (40 km/h), and preferably I S mph (25 km/h) to proceed through the intersection. The literature shows that, given a properly designed single-lane roundabout, motorist and pedestrian safety is almost always improved when compared to conventional intersections. The splitter islands at roundabouts allow pedestrians to cross one direction of traffic at a time. This is a significant advantage over conventional intersections. Although roundabouts are safer for the majority of the pedestrians, it presents some limitations for the visually impaired. Recognizing this, the Transportation Research Board (TRB) requested a study to look in to this issue (NCHRP 03-78A, Crossin� Solutions at Roundabouts and Channelized Turn Lanes for Pedestrians with Vision Disabilities). This data from that study was published in 2011 as NCHRP Report 674, Crossing Solutions at Roundabouts and Channelized Turn Lanes for Pedestrians with Vision Disabilities (http://www.trb.org,/PublicationsBlurbs/164715.aspx). It mentions that designs of single lane roundabouts near crosswalks should promote - Low vehicle speeds - Narrow lanes - Splitter islands wide enough to provide pedestrian refuge - Provide detectable warning surfaces The report also mentions that locating the crosswalk can be challenging for the visually impaired. A few design features that can assist these individuals are: installing landscaping or other treatments along the curb, except the crosswalk and curb ramps. The City already does its best to incorporate these in to the roundabout design. Each intersection is unique. The City will continue to monitor roundabouts like it does the rest of its intersections and make modifications s as needed. In summary, roundabouts are safer for the majority of the pedestrians, but, they do present some challenges for the visually impaired. 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