Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
2012, 03-13 Regular Agenda
AGENDA SPOKANE VALLEY CITY COUNCIL REGULAR MEETING FORMAL FORMAT MEETING Tuesday,March 13, 2012 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 Manuel Denning of Fountain Ministries PLEDGE OF ALLEGIANCE: ROLL CALL: APPROVAL OF AGENDA: INTRODUCTION OF SPECIAL GUESTS AND PRESENTATIONS: COMMITTEE,BOARD,LIAISON SUMMARY REPORTS: MAYOR'S REPORT: PUBLIC COMMENTS: This is an opportunity for the public to speak on any subject except those on this agenda as action items. (Action items include public hearings, and those items under NEW BUSINESS. Public Comments will be taken on those items at the time those items are discussed.) 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 VOUCHER NUMBERS; TOTAL AMOUNT 02/17/2012 25208-25259; 214120075 $187,919.86 02/24/2012 25260-25286 $85,968.77 02/24/2012 25287-25320 $198,997.75 02/29/2012 5397-5400 $747.00 03/02/2012 25321-25335; 229120027 $1,524,691.52 03/02/2012 25336-25356 $19,579.22 03/06/2012 3841-3843; 3858; 3869; 25357-25362 $234,212.53 03/07/2012 25363 $38,416.84 GRAND TOTAL $2,290,533.49 b.Approval of Payroll for period ending February 29,2012: $373,873.68 c.Approval of Minutes of February 21,2012 Special Joint Meeting with Planning Commission d.Approval of Minutes of February 28,2012 Formal Format Council Meeting Council Agenda 03-13-12 Formal Format Meeting Page 1 of 2 NEW BUSINESS: 2. Second Reading Proposed Ordinance 12-010, Signage and Sale of Alcohol—Kelly Konkright [public comment] 3. Second Reading Proposed Ordinance 12-011 Amending Chapter 22.70,Landscaping—Karen Kendall [public comment] ADMINISTRATIVE REPORTS: 4. Governance Manual Discussion—Chris Bainbridge,Mike Jackson 5.Advance Agenda—Mayor Towey INFORMATION ONLY(will not be discussed or reported):n/a 6.Union Pacific Railroad Agreement for Pines Road Crossing Improvement 7. Safe Routes to Schools Call for Projects ADJOURNMENT General Meetini 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 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 03-13-12 Formal Format Meeting Page 2 of 2 CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: March 13, 2012 Department Director Approval: El Check all that apply: ® consent ❑ old business ❑ new business ❑ public hearing ❑ information ❑ admin. report ❑ pending legislation ❑ executive session AGENDA ITEM TITLE: Approval of the Following Vouchers: VOUCHER LIST DATE VOUCHER NUMBERS; TOTAL AMOUNT 02/17/2012 25208-25259;214120075 $187,919.86 02/24/2012 25260-25286 $85,968.77 02/24/2012 25287-25320 $198,997.75 02/29/2012 5397-5400 $747.00 03/02/2012 25321-25335; 229120027 $1,524,691.52 03/02/2012 25336-25356 $19,579.22 03/06/2012 3841-3843;3858; 3869; 25357-25362 $234,212.53 03/07/2012 25363 $38,416.84 GRAND TOTAL $2,290,533.49 RECOMMENDED ACTION OR MOTION: Approve claims for vouchers as listed above. BUDGET/FINANCIAL IMPACTS: STAFF CONTACT: Mark Calhoun, Finance Director ATTACHMENTS Voucher Lists whilst 02117/2012 11:15:00AM Voucher List Spokane Valley Page: 1 Bank code: Voucher 25208 25209 25210 25211 25212 25213 25214 25215 apbank Date Vendor Invoice 2/17/2012 002931 ALL WESTERN INDUSTRIAL SUPPLY 92737 2/17/2012 002517 BROWN BEARING CO INC 87951 2/17/2012 002966 CARNAG 2/17/2012 002562 CD'A METALS 410483 415979 417004 FEBRUARY 2012 2/17/2012 000101 CDW-G 2/17/2012 000863 CENTURY WEST ENG CORP 2/17/2012 000729 CH2MHILL INC 2/17/2012 002572 CINTAS CORPORATOIN 25216 2/17/2012 001888 COMCAST D958236 F235606 232833 232835 232886 3821211 606694892 606695816 606695852 606696712 606697648 606697687 Fund/Dept 101.000.000 SUPPLIES: PW 101.000.000 SUPPLIES: PW 303.303.060 101.000.000 101.000.000 101.000.000 001.090.000 001.090.000 101.042.000 101.042.153 101.042.000 303.303.155 Description/Account 101.000.000 101.000.000 101.042.000 101.000.000 101.000.000 101.042.000 Total : Total : RIGHT-OF-WAY ACQUISITION Total : SUPPLIES: PW SUPPLIES: PW SUPPLIES: PW POWER CORD: IPAD IPAD CASE Total : Total : PROFESSIONAL SERVICES:PW 10-011 DESIGN ROW CIP 0063 2012 TIP SERVICES-EXPIRES 1212 Total : 0155-SULLIVAN RD W BRIDGE SU Total : SUPPLIESL PW SUPPLIESL PW SUPPLIESL PW SUPPLIESL PW SUPPLIESL PW SUPPLIESL PW Total : FEBRUARY 2012 001.090.000 HIGH SPEED INTERNET: CITY HALL Total : Amount 76.09 76.09 3.27 3.27 372.60 372.60 57.78 308.71 200.77 567.26 51.57 110.07 161.64 7,042.69 166.55 6,020.87 13,230.11 13,550.63 13,550.63 90.56 112.24 141.31 94.55 94.55 141.31 674.52 115.95 115.95 Page: 1 vchlist 02/17/2012 11:15:00AM Voucher List Spokane Valley Page: 2 Bank code: Voucher 25217 25218 25219 25220 25221 25299 25223 25224 25225 apbank Date Vendor Invoice 2/17/2012 002604 DELL FINANCIAL SERVICES LLC 2/17/2012 000734 DEPT OF TRANSPORTATION 2/17/2012 002385 DKS ASSOCIATES 2/17/2012 002213 ED KA MANUFACTURING INC. 2/17/2012 002157 ELJAY OIL COMPANY 2/17/2012 002075 ENVIROTECH SERVICES 2/17/2012 001232 FASTENAL CO 2/17/2012 001447 FREE PRESS PUBLISHING INC 2/17/2012 000007 GRAINGER 75509873 RE 46 JG362 L010 49002 10435 4192764 cd201207823 cd201207824 cd201207825 cd201207826 cd201207827 cd201207828 cd201207829 IDLEW80283 IDLEW80289 37486 9740826145 9740849501 9743307093 25226 2/17/2012 000002 H&H BUSINESS SYSTEMS INC. JANUARY 2012 Fund/Dept 001.090.000 303303.157 303.303.060 101.000,000 101.000.000 101.000.000 101.000.000 101.000.000 101.000.000 101.000.000 101.000.000 101,000.000 101.000.000 101.000.000 001.076.000 101.000,000 101.000.000 101.042.000 001.058.057 Description/Account LEASE CONTRACT Total : SULLIVAN&INDIANA PCCP INTER. Total : ARGONNE CORRIDOR SIGNAL&D Total : SNOW PLOW FRAME&PLATE Total : JAN 2012:OIL PRODUCTS FOR PLC Total : SUPPLIES:PW SUPPLIES:PW SUPPLIES:PW SUPPLIES:PW SUPPLIES: PW SUPPLIES: PW SUPPLIES: PW SUPPLIES: PW SUPPLIES: PW LEGAL PUBLICATIONS SUPPLIES: PW SUPPLIES: PW SUPPLIES: PW COPIER COST Total: Total : Total : Total : Amount 1,087.47 1,087.47 1,826.53 1,826.53 3,003.41 3,003.41 8,770.61 8,770.61 6,329.36 6,329.36 4,706.41 5,090.39 5,018.29 4,744.03 4,789.48 5,117.03 5,195.39 34,661.02 8.01 11.15 19.16 94.40 94.40 13429 16.97 72.06 223.32 3,461.38 Page: 2 vchlist 02/17/2012 11:15:00AM Voucher List Spokane Valley Page: 3 Bank code: apbank Voucher 25226 25227 25228 25229 Date Vendor Invoice Fund/Dept Description/Account 2/17/2012 000002 000002 H&H BUSINESS SYSTEMS INC. (Continued) 2/17/2012 001723 HEDEEN&CADITZ, PLLC 6976 2/17/2012 001728 HP FINANCIAL SERVICES CO March 2012 2/17/2012 002520 HUSKY INTERNATIONAL TRUCKS 60869 60940 61343 61507 61592 61893 62008 62009 62057 62091 62141 25230 2/17/2012 002538 HYDRAULICS PLUS, INC 25231 2/17/2012 002810 INLAND NW PARTNERS ASSOC 25232 2/17/2012 000275 KERSTEN, NEIL 25233 2/17/2012 002259 MENKE JACKSON BEYER EHILS 14620 MARCH 2012 EXPENSES Total : 001.013.015 GENERAL PROFESSIONAL SERVIC Total : 001.090.000 MARCH 2012: LEASE PAYMENTS Total : 101.000.000 101.000.000 101.000.000 101.000.000 101.000.000 101.000.000 101.000.000 101.000.000 101.000.000 101.000.000 101.000.000 SUPPLIES:PW SUPPLIES:PW SUPPLIES:PW SUPPLIES: PW SUPPLIES: PW SUPPLIES: PW SUPPLIES: PW SUPPLIES: PW SUPPLIES: PW SUPPLIES: PW SUPPLIES: PW Total : 101.000.000 CYLINDER REPAIR: PW 001.011.000 2012 INP MEETING REGISTRATION Total: Total : 001.032,000 MILEAGE Total : 439 001.013.015 PROF SVCS:HOLLYWOOD EROTIC 470 001.013.015 AT&T MOBILE TAX REFUND 511 001.013.015 SPOKANE VALLEY/MONTGOMERY Total : 25234 2/17/2012 000258 M1CROFLEX INC. 00020495 001.090.000 TAXTOOLS SOFTWARE RENTAL:JI Total : Amount 3,461.38 1,952.50 1,952.50 3,794.99 3,794.99 210.37 100.64 293.18 79.46 27523 25.20 138.85 64.45 43.65 35.31 115.46 1,381.80 864.45 864.45 240.00 240.00 54.95 54.95 175.00 571.80 799.90 1,546.70 343.83 343.83 Page: 3 vchlist 0211712012 11:15:00AM Voucher List Spokane Valley Page: 4 Bank code: apbank Voucher Date Vendor Invoice 25235 2/17/2012 002203 NAPA AUTO PARTS 455343 455368 456063 458220 458360 458735 692846 25236 2/17/2012 001035 NETWORK DESIGN&MANAGEMENT 20896 3178 25237 2/17/2012 001597 NUMARA SOFTWARE INC. 25238 2/17/2012 000652 OFFICE DEPOT INC. 25239 2/17/2012 002844 ONE CALL CONCEPTS, INC 25240 2/17/2012 002243 ORBITCOM 25241 2/17/2012 000881 OXARC 25242 2/17/2012 001849 PLATEAU ARCHAEOLOGICAL 25243 2/17/2012 000994 SIMPSON ENGINEERS, INC. inv1122260 1439168053 594801724001 5948048300001 596003968001 596343435001 597302748001 1201313 00538622 R108671 1196 15831 Fund/Dept 101.000.000 101.000.000 101.000.000 101.000.000 101.000.000 101.000.000 101.000.000 Description/Account 001.090.000 001.090.000 001.090.000 001.013.000 001.090.000 001.018.014 001.090.000 001.013.015 001.076.000 SUPPLIES: PW SUPPLIES: PW SUPPLIES: PW SUPPLIES: PW SUPPLIES: PW SUPPLIES: PW SUPPLIES: PW Total : QUARTERLY SENTINEL BILLING SYSTEM MONTHLY MAINTENANCE Total : NUMARA SOFTWARE SUPPORT RE Total : SUPPLIES:ADMIN SUPPLIES: IT SUPPLIES: FINANCE OFFICE SUPPLIES: IT SUPPLIES: LEGAL SUPPLIES: CP Total : 001.058.050 LOCATOR TICKET MGMT SYSTEM Total : 001.090.000 ETHERNET:JANUARY 2012 101.000.000 SUPPLIES: PW 402.402.150 CULTURAL RESOURCE SURVEY, C Total : 303.303.149 0149 SIDEWALK INFILL SURVEY S\ Total: Total : Amount 30.55 15.99 11.94 39.48 86.88 13.98 9.85 208.67 1,047.00 4,417.50 5,464.50 1,221.51 1,221.51 21.85 48.90 17.08 -22.82 1.72 108.49 175.22 50.00 50.00 590.00 590.00 90.82 90.82 4,365.00 4,365.00 23,443.84 Page: 4 vch l ist 02117/2012 11:15:00AIV1 Voucher List Page: 5 Spokane Valley Bank code: apbank Voucher Date Vendor Invoice Fund/Dept Description/Account Amount 25243 2/17/2012 000994 000994 SIMPSON ENGINEERS, INC. (Continued) Total : 23,443.84 25244 2/17/2012 002531 SIX ROBBLEES INC 5-624927 101.000.000 SUPPLIES:PW 512.24 5-625280 101.000.000 SUPPLIES: PW 68.33 Total : 580.57 25245 2/17/2012 000230 SPOKANE CO AUDITORS OFFICE JANUARY 2012 001.058.056 RECORDING FEES 695,00 Total : 695.00 25246 2/17/2012 000001 SPOKANE CO TREASURER 51501024 101.042.000 JANUARY 2012:WORK CREW 4,255.32 Total : 4,255.32 25247 2/17/2012 002835 SPOKANE COURIER SERVICES LLC 2232 001.011.000 BROADCASTING SVCS. 30.00 Total : 30.00 25248 2/17/2012 000898 SPOKANE PROCARE 2011 101.042.000 LANDSCAPING MAINTENANCE 593,00 350511 307.307.088 SPRINKLER SERVICE CALL 288.75 Total : 881.75 25249 2/17/2012 000093 SPOKESMAN-REVIEW 298057 001.076.000 ADVERTISMENT:ACCT#42365 321.38 Total : 321.38 25250 2/17/2012 000065 STAPLES ADVANTAGE 8020888856 001.011.000 SUPPLIES 569.95 Total : 569.95 25251 2/17/2012 001895 TAYLOR ENGINEERING INC #3 303.303.115 PROF SURVEY SVCS FOR 0115 34,783.03 Total : 34,783.03 25252 2/17/2012 000335 TIRE-RAMA 8080015364 001.058.055 06769D:WIPER BLADE 10.82 8080015545 101.042.000 402100:HEADLIGHTS 53.35 Total : 64.17 25253 2/17/2012 002597 TWISTED PAIR ENTERPRIZES L_L.0 1312012 001.011.000 BROADCASTING COUNCIL MTGS J 1,532.67 Total : 1,532.67 25254 2/17/2012 000087 VERIZON WIRELESS 1049527662 101.042.000 JAN.2012-VERIZON CELL PHONE 1,813.22 6685515614 101.042.000 JAN 2012-WIRELESS DATA CARDS 645.24 Page: 5 vchlist 0211712012 11:15:00AM Voucher List Spokane Valley Page: 6 Bank code: apbank Voucher Date Vendor Invoice Fund/Dept Description/Account Amount 25254 2/17/2012 000087 000087 VERIZON WIRELESS 25255 2/17/2012 000140 WALT'S MAILING SERVICE 25256 25257 2/17/2012 000558 WCMA 2/17/2012 000676 WEST 25258 2/17/2012 000089 XO COMMUNICATIONS 25259 2/17/2012 001885 ZAYO BANDWIDTH LLC (Continued) 31041 31195 70728 824381897 0248771444 February 2012 214120075 2/14/2012 002244 AOT PUBLIC SAFETY CORPORATION SPKVLY-25 53 Vouchers for bank code: apbank 7 53 Vouchers in this report 303.303.115 303.303.157 001.013.000 2012 MEMBERSHIP 001.013.015 SUBSCRIPTION: LEGAL 001.090.000 FEB 2012: INTERNET/DATA LINES 001.090.000 FEB 2012: DARK FIBER LEASE 001.016.000 CRY WOLF CHARGES:DECEMBER Total : 2,458.46 SPRAGUE RECONSTRUCTION PO; SULLIVAN BRIDGE 1,214.67 816.15 Total : 2,030.82 187.00 Total : 187.00 689.96 Total : 689.96 395.96 Total : 395.96 242.39 Total : 242.39 4,183.92 Total : 4,183.92 Bank total : 187,919.86 Total vouchers : 187,919.86 Page: 6 vchlist 02/24/2012 12:39:52 P M Voucher List Spokane Valley Page: 1 Bank code: Voucher 25260 25261 25262 25263 25264 25265 25266 25267 25268 25269 25270 apbank Date Vendor Invoice 2/24/2012 001545 BERNARDO WILLS ARCHITECTS PC 2/24/2012 000168 BLACK BOX NETWORK SVC 2/24/2012 000322 CENTURYLINK 2/24/2012 001290 DEPT OF PERSONNEL 2/24/2012 000734 DEPT OF TRANSPORTATION 2/24/2012 000912 DEX MEDIA WEST 2/24/2012 001232 FASTENAL CO 2/24/2012 001447 FREE PRESS PUBLISHING INC 2/24/2012 000007 GRAINGER 2/24/2012 001723 HEDEEN&CADITZ, PLLC 2/24/2012 002518 INLAND PACIFIC HOSE&FITINGS 467007 467154 2012-5671 SPO-025214 FEBRUARY 2012 61645 RE-313-ATB20214050 RE-313-ATB20214054 RE-313-ATB20214060 FEBRUARY 2012 IDLEW80347 IDLEW80439 37523 37524 37549 9744572422 6977 Fund/Dept 001.058.056 001.090.000 001.076.302 101.042.000 101.042.000 101.042,000 101.042.000 001.076.304 101.042.000 101.000.000 001.013.000 001.013.000 001.013.000 101.042.000 303.303.005 101.000.000 101.000.000 Description/Account 2012 ARCHITECTURAL SERVICES Total : MESSAGE LIGHT ISSUES Total : FEBRUARY 2012:PHONE SERVICE Total : POLICIES/PROCEDURES COURSE Total : STATE ROUTE ROADWAY MAINT SIGNAL&ILLUMINATION MAIN INTELLIGENT TRAFFIC SYSTEMS Total : ADVERTISING:SENIOR CENTER Total : SUPPLIES: PW SUPPLIES: PW LEGAL PUBLICATIONS LEGAL PUBLICATIONS LEGAL PUBLICATIONS SUPPLIES:PW Total : Total : Total : UNION PACIFIC RAILROAD SERVIC Total : SUPPLIES: PW SUPPLIES: PW Amount 682.50 682.50 145.67 145.67 231.60 231.60 165.00 165.00 29,424.06 2,569.27 106.35 32,099.68 39.55 39.55 66.08 15.35 81.43 38.40 25.00 25.50 88.90 58.73 58.73 880.00 880.00 105.96 32.46 Page: 1 vchlist Voucher List 02/24/2012 12:39:52PM Spokane Valley Page: 2 Bank code: Voucher 25270 25271 25272 25273 25274 25275 25276 25277 25278 25279 25280 apbank Date Vendor Invoice Fund/Dept Description/Account 2/24/2012 002518 002518 INLAND PACIFIC HOSE&FITINGS (Continued) 2/24/2012 001944 LANCER LTD 2/24/2012 000662 NATL BARRICADE&SIGN CO 2/24/2012 001035 NETWORK DESIGN&MANAGEMENT 2/24/2012 000652 OFFICE DEPOT INC. 0424622 75397 20937 597077637001 597077948001 597077949001 597481982001 2/24/2012 002424 PITNEY BOWES GLOBAL 1428301-FB12 2/24/2012 002510 POHL SPRING WORKS INC 2/24/2012 000019 PURRFECT LOGOS, INC. 2/24/2012 002578 REBUILDING&HARDFACING INC 2/24/2012 000952 RECALL DESTRUCTION SVC 2/24/2012 002616 ROADWISE, INC 154129 154148 154178 154190 28824 45098 3901111925 54279 Total : 001.011.000 BUSINESS CARDS:WOODARD Total : 001.032.000 SUPPLIES: PW Total : 001.090.000 BARRACUDA MESSAGE ARCHIVEF Total : 001.018.013 SUPPLIES:ADMIN 001.018.013 SUPPLIES:ADMIN 001.018.013 SUPPLIES:ADMIN 001.090.000 SUPPLIES: BING 001.090.000 FEBRUARY 2012: POSTAGE METEF Total : Total : 101.000.000 SUPPLIES: PW 101.000.000 SUPPLIES: PW 101.000.000 SUPPLIES: PW 101.000.000 SUPPLIES:PW 001.016.000 VEHICLE GRAPHICS: POLICE CRUI Total : Total : 101.000.000 PLOW PARTS:SAND SPINNERS Total : 001.058.057 DOCUMENTATION DESTRUCTION Total : 101.000.000 FREEZGARD ZERO: PW Total : Amount 138.42 54.98 54.98 41.31 41.31 2,510.97 2,510.97 49.13 12.52 13.65 47.72 123.02 275.00 275.00 1,488.17 1,553.50 1,156.35 365.23 4,563.25 592.42 592.42 675.03 675.03 29.16 29.16 5,353.71 5,353.71 Page: 2 whilst 02124/2012 12:39:52PM Voucher List Spokane Valley Page: 3 Bank code: apbank Voucher Date Vendor invoice Fund/Dept Description/Account 25281 2/24/2012 002906 SOLID STRUCTURES LLG 25282 2/24/2012 001140 SPECIAL ASPHALT PRODUCTS RETAINAGE RELEASE 101.223.40. REATAINAGE RELEASE: PAY APP# Total: 1NVC057225 1NVC057227 1NVC057228 1NVC057245 25283 2/24/2012 000090 SPOKANE CO INFO SYSTEMS 50307865 25284 2/24/2012 002135 SPRAY CENTER ELECTRONICS, INC 211815 25285 2/24/2012 002961 SUPERIOR CHAIN 2011-157 2011-2149 25286 2/24/2012 002845 WEST COMPANY INC 27 Vouchers for bank code: apbank Retainage Release 101.042.000 101.042.000 101.042.000 101.042.000 001.018.013 101.000.000 101.000.000 101.000.000 101,223.40. STREET PATCH MIX STREET PATCH STREET PATCH MIX STREET PATCH MIX COUNTY IT SUPPORT SUPPLIES: PW SUPPLIES: PW SUPPLIES: PW Total : Total : Total : Total : PAY APP#3:RETAINAGE RELEASE Total : Bank total: 27 Vouchers in this report Total vouchers: Amount 2,821.29 2,821.29 909.82 892.97 1,819.64 2,729.46 6,351.89 19,365.65 19,365.65 1,843.99 1,843.99 27.18 577.08 604.26 6,151,36 6,151.36 85,968.77 85,968.77 Page: 3 vchllst 02/24/2012 1:14:20PM Voucher List Spokane Valley Page: 1 Bank code: Voucher 25287 25288 25289 apbank Date Vendor Invoice 2/24/2012 001081 ALSCO LSP01096999 2/24/2012 000030 AVISTA January 2012 January 2012 2/24/2012 000694 AVISTA UTILITIES 34211 25290 2/24/2012 001606 BANNER BANK 0618 4064 4458 8861 9048 25291 2/24/2012 000918 BLUE RIBBON LINEN SUPPLY INC 9304029 S0026237 25292 25293 25294 25295 25296 2/24/2012 001103 CAREER TRACK 13308582 13308583 2/24/2012 001169 CITY OF SPOKANE VALLEY 2/24/2012 002920 DIRECTV, INC 2/24/2012 002308 FINKE,MELISSA 2/24/2012 000858 FOOD EQUIPMENT INTL, INC. Feb 2012 17059125825 February 2012 9269 Fund/Dept Description/Account 001.058.057 FLOOR MATS: BUILDING Total : 101.042.000 UTILITIES: PW MASTER AVISTA 001.076.300 UTILITIES: PARKS MASTER AVISTA Total: 001.090.000 HOME ENERGY AUDITS-JAN 2012 Total: 001.011.000 001.058.057 001.011.000 001.076.305 001.090.000 001.076.305 001.076.305 JAN 2012 B:0618 JAN 2012 B:4064 JAN 2012 B:4458 JAN 2012 B:8861 JAN 2012 B:9048 Total: LINEN SUPPLYAND SERVICE: CEN LINEN SUPPLYAND SERVICE: CEN Total : 001.076.305 SEMINAR REGISTRATION 001.076.304 SEMINAR REGISTRATION 001.058.056 PETTY CASH: 10045,46,47,48 Total: Total : 101.042.000 FEB 2012 CABLE SERVICES:MAIN" Total : 001.076.301 INSTRUCTOR PAYMENT 001.076.305 SUPPLIES FOR CENTERPLACE Total: Total: Amount 33.22 33.22 27,408.50 8,214.81 35,623.31 2,431.00 2,431.00 604.22 242.13 2,497.77 1,152.98 2,108.06 6,605.16 74.93 60.00 134.93 149.00 149.00 298.00 6.75 6.75 34.99 34.99 195.05 195.05 256.53 256.53 Page: 1 vchliist 0212412012 1:14:20PM Voucher List Spokane Valley Page: 2 Bank code: Voucher 25297 25298 25299 25300 25301 25302 25303 25304 25305 25306 25307 25308 25309 apbank Date Vendor Invoice 2/24/2012 002964 HALME CONSTRUCTION 2/24/2012 002810 INLAND NW PARTNERS ASSOC 2/24/2012 002955 JEWELL EXCAVATING&CONST 2/24/2012 002522 KOEGEN EDWARDS LLP 2/24/2012 001944 LANCER LTD 2/24/2012 002556 NORTHWEST WEATHERNET INC 2/24/2012 000437 PERIDOT PUBLISHING 2/24/2012 001089 POE ASPHALT PAVING, INC. 9741 February 2012 8536 2066 0424261 2011-8856 2012 43632 2/24/2012 002475 POST FALLS CHAMBER OF COMMERCE 2893 2/24/2012 000291 PROJECT ACCESS, INC. 2/24/2012 002592 PURE FILTRATION PRODUCTS 2/24/2012 002616 ROADWISE, INC 2/24/2012 000415 ROSAUERS 107 10023 54052 11-251418 Fund/Dept 101.000.000 001.011.000 101.000.000 001.013.015 001.058.056 101.042.000 001.018.013 101.000.000 001.076.305 001.090.000 001.076.305 101.000.000 001.076.305 Description/Account Amount 2011-2012 ON-CALL ROAD GRADEF Total : DEAN GRAFOS REGISTRATION Total : 2011-2012 ON-CALL ROAD GRADEF Total : PROFESSIONAL SVCS:GENERAL Total : BUSINESS CARDS:HARNOIS Total : WEATHERNET SERVICES Total : SUBSCRIPTION:THE CURRENT Total : WINTER RESPONSE COSTS Total : Total : EXHIBITOR BOOTH 1ST QTR REIMBURSE-OUTSIDE A Total : SUPPLIES FOR CENTERPLACE Total : Total : Total : FREEZGARD ZERO: PW SUPPLIES:CENTERPLACE 7,342.50 7,342.50 60.00 60.00 11,690.00 11,690.00 300.00 300.00 43.93 43.93 325.00 325.00 12.00 12.00 36,781.71 36,781.71 175.00 175.00 4,125.00 4,125.00 105.13 105.13 5,353.71 5,353.71 6.00 6.00 Page: 2 vchlist 0272412012 1:14:20PM Voucher List Spokane Valley Page: 3 Bank code: apbank Voucher Date Vendor Invoice 25310 2/24/2012 000709 SENSKE LAWN&TREE CARE INC. 4524973 25311 2/24/2012 000668 SPOKANE CO TREASURER 25312 25313 25314 25315 25316 25317 2/24/2012 002605 SPOT DEVICES INC 2/24/2012 000273 SRTC 35241.4101 45093.0646 45105.9010 45114.9015 45162.0327 45174.9059 45182.9132 45299.0227 45271.9007 45271.9008 45273.9036 45332.1517 55182.1553 55182.1623 55182.1624 SINV-00001884 2012 2/24/2012 001083 STANDARD PLBG HEATING CONTROLS 30639 2/24/2012 002962 STOLZ INCORPORATED 2/24/2012 002961 SUPERIOR CHAIN 2/24/2012 001911 THE GLOVER MANSION 1/20/2012 2011-2149 CP458 Fund/Dept 101.042.000 001.076.000 001.076.000 001.076.000 001.076.000 001.076.000 001.076.000 001.076.000 001.016.000 001.076.000 001.076.000 001.076.000 001.076.000 001.076.000 001.076.000 001.076.000 101.042.000 001.090.000 001.016.000 101.000.000 101.000.000 001.076.305 Description/Account 2012 EMERGENCY TRAFFIC CONTI Total : 1ST 1/2 AQFR/STORMWTR FEES 1ST 1/2 AQFR/STORMWTR FEES 1ST 1/2 AQFR/STORMWTR FEES 1ST 1/2 AQFR/STORMWTR FEES 1ST 1/2 STORMWTR FEES 1ST 1/2 AQFR/STORMWTR FEES 1ST 1/2 AQFR/STORMWTR FEES 1ST 1/2 AQFR/STORMWTR FEES 1ST 1/2 AQFR/STORMWTR FEES 1ST 1/2 STORMWTR FEES 1ST 1/2 AQFR/STORMWTR FEES 1ST 1/2 IRRIGATION FEES 1ST 1/2 AQFR/IRRIG FEES 1ST 1/2 PROPERTY TAX/LIFE ESTA 1ST 1/2 AQFR/IRRIG FEES SCHOOL ZONE BEACONS Total : Total: MEMBERSHIP DUES FOR 2012 Total: JANUARY 2012 MONTHLY MAINT PI Total : 2011-2012 ON-CALL ROAD GRADEF Total: SUPPLIES: PW Total EVENT SERVICES AT CENTERPLAC Total : Amount 542.71 542.71 267.06 873.99 1,275.18 371.52 552.72 61.26 214.45 357.60 81.03 151.20 218.91 102.00 68.00 1,008.35 65.62 5,668.89 37,170.00 37,170.00 34,300.00 34,300.00 533.60 533.60 4,320.00 4,320.00 577.08 577.08 76.09 76.09 Page: 3 vchlist 02/24/2012 1:14:20PM Voucher List Page: 4 Spokane Valley Bank code: apbank Voucher Date Vendor Invoice Fund/Dept Description/Account Amount 25318 2/24/2012 002963 THE INLAND EMPIRE GARDENERS 6560 001.076.305 NEWSPAPER AD 2012 632.50 Total : 632.50 25319 2/24/2012 001444 UNITED LABORATORIES 02848 00t076.305 SUPPLIES:CENTERPLACE 241.44 03771 001.076.305 SUPPLIES AT CENTERPLACE 304.74 Total : 546.18 25320 2/24/2012 000167 VERA WATER&POWER January 2012 101.042.000 UTILITIES:JAN 2012 2,691.78 Total: 2,691.78 34 Vouchers for bank code: apbank Bank total: 198,997.75 34 Vouchers in this report Total vouchers : 198,997.75 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 said claim. Finance Director Date Mayor Date Council Member Date Page: 4 vchlist 02/29/2012 3:36:24PM Voucher List Spokane Valley Page: Bank code: Voucher 5397 5398 5399 5400 pk-ref Date Vendor Invoice Fund/Dept Description/Account Amount 2/29/2012 002969 SCHULZ,CASIE 2/29/2012 001617 SPOKANE LAW ENFORCEMENT CU 2/29/2012 002970 STEPHENS,JENNI 2/29/2012 002971 WARMS, LLOYD 4 Vouchers for bank code: pk-ref 4 Vouchers in this report 1,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 l am authorized to authenticate and certify said claim. Finance Director Date Mayor Date Council Member Date REFUND REFUND REFUND REFUND 001.237.10. DEPOSIT REFUND:ROOM 111 Total : 001237.10. DEPOSIT REFUND:GREAT ROOM Total: 001.237.10. CANCELLATION REFUND:P&R Total: 001.237.10. CANCELLATION REFUND:P&R Total: Bank total : Total vouchers: 52.00 52.00 210.00 210.00 144.00 144.00 341.00 341.00 747.00 747.00 Page: 1 vchlist 0310212012 10:20:30AM Voucher List Spokane Valley Page: 1 Bank code: Voucher 25321 25322 25323 apbank Date Vendor 3/2/2012 000322 CENTURYLINK 3/2/2012 000912 DEX MEDIA WEST 3/2/2012 001447 FREE PRESS PUBLISHING INC 25324 3/2/2012 000864 JUB ENGINEERS, INC. 25325 3/2/2012 001944 LANCER LTD 25326 3/212012 000652 OFFICE DEPOT INC. 25327 3/2/2012 000307 OFFICE OF THE STATE TREASURER 25328 3/2/2012 000235 SECURE SHRED 25329 3/2/2012 000308 SPOKANE CO PROSECUTING ATTY Invoice FEBRUARY 2012 FEBRUARY 2012 37567 37568 37569 37570 37571 37572 37573 37574 37575 37576 37577 Fund/Dept Description/Account 001.076.302 001.076.305 ADVERTISING:CP FEBRUARY 2012:PHONE SERVICE Total : 001.013.000 001.013.000 001.013.000 001.013.000 001.013.000 001.013.000 001.013.000 001.058.056 001.058.056 001.058.056 001.058.056 LEGAL PUBLICATION LEGAL PUBLICATION LEGAL PUBLICATION LEGAL PUBLICATION LEGAL PUBLICATION LEGAL PUBLICATION LEGAL PUBLICATION LEGAL PUBLICATION LEGAL PUBLICATION LEGAL PUBLICATION LEGAL PUBLICATION Total : Total : 0074349 101.042.000 TIP DATA MAINTENANCE AND UPI/ Total : 0424660 597302816001 598289619001 January 2012 76276 JANUARY 2012 001.090.000 ENVELOPES 001.076.000 001.013,015 SUPPLIES:CP SUPPLIES: LEGAL Total : Total : 001.016.000 STATE REMITTANCE 001.090.000 SHREDDING CHARGES 001.016.000 CRIME VICTIMS COMPENSATION R Total : Total : Amount 158.45 158.45 158.90 158.90 28.05 35.70 30.60 31.45 28.05 35.70 27.20 71.40 63,75 65.45 71,40 488.75 6,279.78 6,279.78 460.49 460.49 10.85 12.54 23.39 49,090.89 49,090.89 131.52 131.52 709.50 Page: 1 vchlist 03102/2012 10:20:30AM Voucher List Spokane Valley Page: 2 Bank code: apbank Voucher Date Vendor Invoice Fund/Dept Description/Account 25329 3/2/2012 000308 000308 SPOKANE CO PROSECUTING ATTY (Continued) 25330 3/2/2012 000658 SPOKANE CO SUPERIOR COURT MARCH 2012 25331 3/2/2012 000658 SPOKANE CO SUPERIOR COURT 25332 3/2/2012 000001 SPOKANE CO TREASURER 25333 3/2/2012 002972 TACO BELL 25334 3/2/2012 002254 TOWEY,TOM 25335 3/2/2012 002974 WOHRLE,JIM 229120027 2/29/2012 000001 SPOKANE CO TREASURER 16 Vouchers for bank code: apbank 16 Vouchers in this report 001.013.015 MARCH 2012 001.013.015 51501010 001.016.000 CRYWOLF: 12052 001.000.000 EXPENSES 001.011.000 CRYWOLF:3559402791 001.000.000 9290200294 001.016.000 FILING FEES:LEGAL FILING FEES:LEGAL Total : Total : Total : JANUARY 2012 HOUSING INVOICE Total : CRYWOLF REFUND: PERMIT#V36; Total : FEBRUARY'S MILEAGE Total : CRYWOLF REFUND:PERMIT#V42( Total : LAW ENFORCEMENT Total : Bank total : Total vouchers : Amount 709.50 230.00 230.00 230.00 230.00 97,739.00 97,739.00 20.00 20.00 106.01 106.01 25.00 25.00 1,368,839.84 1,368,839.84 1,524,691.52 1,524,691.52 Page: 2 vchlist 03/0212012 1:50:28PM Voucher List Page: 1 Spokane Valley Bank code: apbank Voucher Date Vendor Invoice Fund/Dept Description/Account Amount 25336 3/2/2012 000506 ASCE 2012 001.058.055 MEMBERSHIP DUES:GABE GALLIN 445.00 Total : 445.00 25337 3/2/2012 002973 BEBOUT, BOB Expenses 001.058.057 EXPENSE REIMBURSEMENT 4.00 Total: 4.00 25338 3/2/2012 000918 BLUE RIBBON LINEN SUPPLY INC 9306029 001.076.305 LINEN SUPPLYAND SERVICE FOR 62.77 S0026690 001,076.305 LINEN SUPPLY AND SERVICE FOR 26.50 Total : 89.27 25339 3/2/2012 001532 BRANDNER, MONICA K Feb 2012 001.076.301 INSTRUCTOR PMT: LADIES AND GI 127.20 Total : 127.20 25340 3/2/2012 001169 CITY OF SPOKANE VALLEY FEB 2012 001.090.000 PETTY CASH: 10049, 7601,7602,760 56.96 Total : 56.96 25341 3/2/2012 000010 FEDEX OFFICE 289700008766 001.076.301 SUPPLIES FOR CENTERPLACE-M 99.46 Total : 99.46 25342 3/2/2012 000839 GENERAL FIRE EQUIP CO 0017493 001.076.305 FIRE SYSTEM SERVICE: CP 112.23 Total : 112.23 25343 3/2/2012 000321 GREATER SPOKANE INC 82916 001.090.000 4TH QTR 2011 GRANT REIMBURSE 12,750.00 Total : 12,750.00 25344 3/2/2012 000011 GREATER SPOKANE VALLEY 20864 001.011.000 BREAKFAST REGISTRATION:GRAF 25.00 Total : 25.00 25345 3/2/2012 000421 HOHMAN,JOHN Expenses 001.058.050 EXPENSE REIMBURSEMENT 10.00 Total : 10.00 25346 3/2/2012 002196 HOLTEN,MELISSA Expenses 001.018.014 EXPENSE REIMBURSEMENT 16.65 Total : 16.65 25347 3/2/2012 001944 LANCER LTD 04244454 001.058.057 BUSINESS CARDS:KEN JEFFERY 40.49 Total : 40.49 Page: 1 vchlist 03/02/2012 1:50:28PM Voucher List Page: 2 Spokane Valley Bank code: apbank Voucher Date Vendor Invoice Fund/Dept Description/Account Amount 25348 3/2/2012 001684 MARKETING SOLUTIONS NW CP 2/21/12 MEDIA 001.076.305 ADVERTISING:CENTERPLACE 2,617.00 CP 2/21112 P&P 001.076.305 ADVERTISING:CENTERPLACE 1,445.00 Total : 4,062.00 25349 3/2/2012 001844 NIMRI, RABA Expenses 001.018.014 EXPENSE REIMBURSEMENT 33.97 Total : 33.97 25350 3/2/2012 001860 PLATT 1142610 001.076.305 SUPPLIES FOR CENTERPLACE 134.55 Total : 134.55 25351 3/2/2012 000709 SENSKE LAWN&TREE CARE INC. 4555853 101.042.000 2012 EMERGENCY TRAFFIC CONTI 241.64 Total : 241.64 25352 3/2/2012 000668 SPOKANE CO TREASURER 45121.9118 10t042.000 1ST 1/2 AQFR/STORMWTR FEES 411.85 55073.3101 402.402.000 1ST 1/2 IRRIG FEES 3.50 Total: 415.35 25353 3/2/2012 000324 SPOKANE CO WATER DIST##3 February 2012 001.076.302 WATER CHARGES: PARKS 32.95 Total: 32.95 25354 3/2/2012 000419 SUMMIT LAW GROUP 55427 001.018.016 PROFESSIONAL SERVICE:GENER, 790.50 Total : 790.50 25355 3/2/2012 001409 WORLD CLASS COMMUNICATIONS 120201183 001.076.305 ANSWERING SVC: CENTERPLACE 22.00 Total : 22.00 25356 3/2/2012 000129 WRPA 12-083 001.076.305 REGISTRATION:NEWBILL, DEBOIS 70.00 Total : 70.00 21 Vouchers for bank code: apbank Bank total : 19,579.22 21 Vouchers in this report Total vouchers: 19,579.22 Page: 2 vchlist Voucher List Page: 1 03/06/2012 10:47:18AM Spokane Valley Bank code: apbank Voucher Date Vendor Invoice FundlDept Description/Account Amount 3841 3/5/2012 000048 VANTAGE TRANSFER AGENTS,401A PLAN Ben42736 001.231.14. 401A:Payment 22,409.85 Total: 22,409.85 3842 3/5/2012 000145 VANTAGEPOINT TRANSFER AGENTS,457 PLC Ben42738 001.231.18. 457 DEFERRED COMPENSATION:Payn 5,475.53 Total: 5,475.53 3843 3/5/2012 000682 EFTPS Ben42740 101.231.13. FEDERAL TAXES:Payment 29,986.99 Total: 29,986.99 3858 3/5/2012 000162 VANTAGE TRANSFER AGENTS,401A EXEC PL Ben42742 001.231.14. 401 EXEC PLAN:Payment 1,052.33 Total: 1,052.33 3869 3/5/2012 000682 EFTPS Ben42748 001.231.11. FEDERAL TAXES:Payment 743.24 Total: 743.24 25357 3/5/2012 000120 AWC Ben42726 001.231.16. HEALTH PLANS:Payment 105,003.09 Ben42746 001.231.16. HEALTH PLANS(COUNCIL):Payment 7,904.07 Total: 112,907.16 25358 3/512012 000165 DEPT OF RETIREMENT SYSTEMS Ben42728 001.231.15. PERS:Payment 55,470.44 Total: 55,470.44 25359 3/5/2012 002227 IDAHO TAX COMMISSION Ben42730 001.231.50. IDAHO STATE TAX BASE:Payment 1,330.48 Total: 1,330.48 25360 3/5/2012 000658 SPOKANE CO SUPERIOR COURT Ben42724 001.231.20. SPOKANE COUNTY SUPERIOR COURT 1,739.20 Total: 1,739.20 25361 3/5/2012 000699 WA COUNCIL CO/CITY EMPLOYEES Ben42732 001.231.21. UNION DUES:Payment 2,240.66 Total: 2,240.66 25362 3/5/2012 002574 WASHINGTON TRUST BANK Ben42734 001.231.20. BERG20110-02-03952-4:Payment 856.65 Total: 856.65 11 Vouchers for bank code: apbank Bank total: 234,212.53 11 Vouchers in this report Total vouchers: 234,212.53 Page: 1 vchlist 03/0712012 9:05:35AM Voucher List Page: 1 Spokane Valley Bank code: apbank Voucher Date Vendor Invoice Fund/Dept Description/Account Amount 25363 3/7/2012 000193 NORTHWEST CHRISTIAN SCHOOL INC March 2012 001.090.000 CITY HALL RENT 38,416.84 Total : 38,416.84 1 Vouchers for bank code: apbank Bank total : 38,416.84 1 Vouchers in this report Total vouchers: 38,416.84 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 said claim. Finance Director Date Mayor Date Council Member Date Page: 1 CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: 03-13-2012 Department Director Approval : ❑ Item: Check all that apply: ® consent ❑ old business ❑ new business ❑ public hearing ❑ information ❑ admin. report ❑ pending legislation AGENDA ITEM TITLE: Payroll for Period Ending February 29, 2012 GOVERNING LEGISLATION: PREVIOUS COUNCIL ACTION TAKEN: BACKGROUND: OPTIONS: RECOMMENDED ACTION OR MOTION: BUDGET/FINANCIAL IMPACTS: Budget/Financial impacts: Gross: $ 236,681.72 Benefits: $ 137,191.96 Total payroll $ 373,873.68 STAFF CONTACT: Raba Nimri DRAFT MINUTES City of Spokane Valley Special Joint Meeting/Study Session Spokane Valley City Council/Spokane Valley Planning Commission 6:00 p.m. Tuesday,February 21,2012 Attendance: Councilmembers Staff Planning Commissioners Tom Towey,Mayor Mike Jackson,City Manager Bill Bates,Chair Gary Schimmels,Deputy Mayor Cary Driskell,City Attorney Joseph Stoy,Vice Chair Brenda Grassel,Councilmember Mark Calhoun,Finance Director John Carroll Dean Grafos,Councilmember John Hohman,Comm Dev. Director Rustin Hall Chuck Hafner,Councilmember Kelly Konkright,Dep. City Attorney Rod Higgins Ben Wick,Councilmember Scott Kuhta,Planning Manager Steven Neill Arne Woodard,Councilmember Lori Barlow, Senior Planner Absent: Marcia Sands Carolbelle Branch,Public Info. Officer Deanna Griffith,Admin.Assistant Chris Bainbridge,City Clerk Others: Attorneys Jay Den and Tadas Kisielius,of VanNess,Feldman,and GordonDerr Mayor Towey called the meeting to order at approximately 6:00 p.m. and welcomed everyone to the meeting. It was moved by Deputy Mayor Schimmels, seconded and unanimously agreed by Council, to accept the amended agenda. 1. Shoreline Management Program Update—John Hohman/Lori Barlow Community Development Director Hohman explained that the purpose of this agenda item is to kick off the renewed effort to develop the Shoreline Master Program (SMP), which staff had been working on until last summer when they took a break to examine options concerning how best to move forward. He went over some of the issues previously discussed, such as outlining the properties impacted by the Program and detailing the ownership and limitations of those properties; followed by discussion last month regarding the existing outdated program. Mr. Hohman said the search for outside counsel for guidance on the Program was conducted and completed, and he introduced Messrs. Jay Den and Tadas Kisielius of the Seattle firm of VanNess, Feldman and GordonDerr, and said they will be giving an overview of their experience,which will be followed by a question and answer period. Mr. Den explained his background and said their purpose is to give a perspective to help Council determine options and to ultimately get to the end of the process, including having a plan that is defensible and one the community wants; he said his firm handles land use and environmental issues and has done so for about the last thirty years; and said he and Mr. Kisielius have about eight or nine years' experience with these types of projects, and that they have represented private property owners as well as municipalities; he said they spent the day today with staff and walked the River as well as the area near Shelley Lake, and that they want to hear Council's concerns so they can draft a process that meets those needs and one with which Council will be satisfied. Mr. Kisielius added that their experience includes GMA(Growth Management Act)planning issues,and that they worked with the City of Tacoma on their Shoreline Program, and have worked with homeowner associations and those with specific interests; he said he feels that gives them a balanced perspective to work through numerous problems. He said there are two big themes regarding how they perceive those issues; that the SMA requires a balanced approach between protection and uses; and said there is also a State overlay with the Department of Ecology having Joint Council/Planning Commission Meeting 02-21-12 Page 1 of 5 Approved by Council: DRAFT the ultimate approval authority. Mr. Kisielius said there is some flexibility and their role is to help Council get to those options and choices; and as an example explained that often public access is controversial; so they keep all that in mind as they apply the issues to private property; he said there is some discretion in the "no net loss" standard and said exactly what that means is unique to each jurisdiction; and he complemented this City's very thorough inventory of what we have. Mr. Den said that most shoreline policies haven't been touched since the late 1970's and a lot has changed, and said the law requires every jurisdiction to update their SMP. Councilmember Woodard said he would like to hear the pros and cons of critical areas; and that we should also keep in mind commercial access such as restaurants or hotels above the River being able to access some portion of the shoreline. Mr. Kisielius said that there are some options concerning critical areas and some of the rules changed a little in 2011, while how to integrate critical areas within the shoreline wasn't clear until recently where it was determined it must be protected; and said our inventory is a good starting point.Mr. Den added that while the volume of generally accepted science is starting to get more accepted,the shoreline policy of "no net loss" has not changed; he said we have to pay attention to and think about science; that there are some opportunities of what to do in a shoreline area; and said ingress and egress are important, both visually and physically; that we already have a lot of public access to the River but perhaps not all the physical access that is needed; and said the inventory gives us the baseline to start of where is the best place to do those things. Mayor Towey asked what the next steps are after the inventory, and guidelines and policies and whether there would be any major obstacles. Mr. Den explained that the Department of Ecology (DOE) has ultimate approval authority; that there is still a lot of room to put together a plan to fit well for our community as opposed to other communities; that some areas like public access can be accomplished through negotiation; that some constituents will want to do what DOE wants, but said we will have the ability to negotiate; he said DOE will have some things that must be done or some things they encourage get done, and said they'll be involved throughout the process and won't wait until the end to let us know what they need; he said DOE will provide input. From the goals and policies,Mr. Den said we will turn toward regulations to implement those, and said that Planner Barlow will go through that schedule; he said there are different regulations based on the type of environment and kinds of uses within those environments; and the drafting of development regulations will be a community involved process, including public hearings; and said the Planning Commission will work hard to put together a document that balances those choices; and that it all ultimately comes to Council for approval. Mr. Den said the challenges are different with each community, and it will be his and Mr. Kisielius'job to advise Council on what they think is defensible; and said during the process if the Plan strays too far from what Council wants to do,he said they can interject with input and respond to questions so Council will know they have the legal input needed to make judgments. Planning Commissioner Neill asked about the "guaranteeing no net loss of ecological function" and asked how is that accomplished as it seems such a guarantee would be an impossible task; and asked how that can occur while making sure the private property owner's rights are protected. Mr.Kisielius said the development regulations are the tool we use to insure and guarantee there is no net loss, and those regulations are based on the inventory; that how you do that depends on what issue you might be addressing, and he gave buffers as an example where you want to make sure you don't lose ground; but added that even that is broad-based and can be tailored; and again said the inventory is the baseline and we draft the development regulations to try to get there;that from an ecological standpoint you want to make sure you don't lose ground,and he said that is the key distinction. Councilmember Grassel asked about the process of having the goals and policies go to the Planning Commission, the public hearing, then council and asked if that is standard. Mr. Derr replied that is the common model, in addition to having some workshops like this one tonight; he said the process is set up for the Planning Commission to "do the heavy lifting," then to bring a recommendation to Council. He said it doesn't mean Council can't change anything;he said Council can make changes but if there were a lot of changes, it would need to go back through the public input process; but he said this process is very Joint Council/Planning Commission Meeting 02-21-12 Page 2 of 5 Approved by Council: DRAFT typical, including having an advisory committee to help with the inventory. Mr. Den said again, this doesn't mean Council can't get together periodically and talk about how things are going;but he said it is important to let the Planning Commission do their work and make a recommendation instead of telling the Planning Commission what to recommend; he said part of the process is stated in the State Administrative Code. Mr. Den said public comment can be received multiple times. City Manager Jackson added that according to the scope of work, Mr. Den will review the public participation process and current inventory, and goals and policies; they'll provide a written report to let us know where we meet, fall short, or exceed state guidelines, and said that report will come to Council; he said Council hasn't sent the goals and policies to the Planning Commission yet, and said that would be the next milestone. Director Hohman explained that the shoreline advisory group was put together to help develop the goals and policies and that they are finished with their task and won't be involved in the remaining stages of the program;URS Consultant will put the components together and staff will take those forward to the Planning Commission; he said we might hold some workshops later, but said we wanted to have a discussion about where some of the opportunities are, and to have some background so the plan can be tailored to our unique situations based on Council, Planning Commission, and public desires; and said we will continue to keep council appraised of the issues. Mr. Den said one of the issues coming up will be how to deal with docks; he said we don't have the marine shoreline issues, but docks come up frequently; and said we will have some armory issues and how to deal with repairs, adding there are new preferred techniques on how to engineer those things. Planning Commissioner Chair Bates asked how important is it to coordinate what we do with other surrounding jurisdictions, and Mr. Den said it plays a role as we don't want conflicting regulations at adjacent jurisdictions; and said he's not sure that would be an issue here, with Mr. Kisielius adding that sometimes these situations provide opportunities to see how others tackle the problems. Other issues discussed included mention of the aquifer and the connectivity between the river and the aquifer; the importance of receiving public input and perhaps guidance from counsel on informing the public of this processes and plan's parameters; other bodies of water such as Shelley Lake and the gravel pits; the recently accepted grant from DOE which sets in motion an obligation to go through the process and complete the plan without confining what council does, but obligating City to come out with an end product; and mention from Mr. Den that if we don't get the plan done, the DOE will write one for us. Director Hohman said we will continue working with the attorneys as we move forward and go through the existing documents; said he looks forward to reaching out to the property owners and other interested groups as we work to encompass an overall viewpoint. Planner Barlow then discussed the process's schedule as per the included SMP Updated Tentative Timeline included in the council packet materials. 2. Planning Commission Roles and Responsibilities—John Hohman Director Hohman said this topic was initially set for discussion at the retreat, but due to time constraints, wasn't discussed; and said he looks forward to an open discussion of some areas where the Commission might want to expand their role, and if the Planning Commission develops ideas and their own agenda, how that would fit with Council's agenda so as not to have the two bodies moving in two different directions. Mr. Hohman brought attention to the Spokane Valley Municipal Code Chapter 18.10 and said of the duties and responsibilities listed, that generally our Planning Commission has traditionally been involved in A: assisting in the preparation of the Comprehensive Plan,B: reviewing plans and regulations related to land use management, shoreline management, etc., and H: holding public hearings in the exercise of those duties and responsibilities. Mr.Hohman said that C: review of potential annexations has not been done as there have been no potential annexations to date. Mr. Hohman said that D: perform design review, is also not done as that is more of an architectural standard and we don't have those types of regulations. Director Hohman said the Commission has been involved in the past with E: identify issues for subareas like park and open space, and could go through that again at some point with council direction, adding that it is not a frequent duty of the Commission; F: meeting and conferring with the Joint Council/Planning Commission Meeting 02-21-12 Page 3 of 5 Approved by Council: DRAFT hearing examiner is something not traditionally done but could be if the Commission desired; G: making written and oral reports to the city council is also not traditionally done;and for I: performing other duties and powers conferred by ordinance, resolution or motion of the council, Mr. Hohman asked if that is something the group would like to discuss, and he asked for suggestions from the Commission or Council. There was discussion on the process used now for the Planning Commission to address issues, i.e., they receive directives from Council, or staff, or the community via staff; after which the issue, if needed comes before council; and Community Development Director Hohman added that the Planning Commission has discussed the idea of them adding items for their Commission to discuss. Mayor Towey asked the Commissioners if they are comfortable with their current procedure, and Commissioner Carroll replied that the Planning Commission is an advisory body with the task to provide guidance and recommendations to Council. Commission Chair Bates said that the Planning Commission recommendation should provide Council as much information as possible; that based on the vote of the Planning Commissioners, they determine to give council all the information possible of how they arrived at Findings; and if it is a delicate issue and a close vote, he feels council deserves to hear a minority opinion; that he feels the more information the better, and said it doesn't affect how Council takes the recommendation. Councilmember Grafos agreed with the idea of having a minority report or more explanation of how they arrived at their decision. Councilmember Wick asked for clarification as it appears two topics are at hand: minority opinions and new subjects. Commissioner Carroll said it has always been Commission's discretion on sending a minority opinion or not; but concerning topics that originate with the Commission, or topics not initiated by staff or council, said he feels those types of concerns are for council to determine. Councilmember Grassel said when she was in Olympia last month, she watched an Olympia City Council meeting, and they had their Planning Commissioner with the city planner so if council had questions on a particular subject,council could ask staff and get feedback from a member of the planning commission; and said she would like that incorporated more on the bigger issues. Director Hohman directed the group's attention to this City's Municipal Code 18.10.040 G,which is that commissioners have the option of making "periodic written and oral reports to the City Council addressing work in progress and other significant matters relating to the City." Commissioner Hall said he would enjoy being "more connected" with council and would be happy to participate in giving those "periodic written and oral reports" as noted in G above. Commission Chair Bates also asked about the Planning Commission having an advance agenda as he feels it would be beneficial to know what is coming up in future meetings. Councilmember Hafner said the Planning Commission might delve into a subject for hours and arrive at a decision, then give the matter to Council and if Council doesn't like the decision, it could be taken as a slap in the face to the Planning Commission;he said we need to make sure we know all the facts, and said he likes the minority report idea. Commissioner Neill brought up the use of"consensus" at meetings, said on the signage issue there was unanimous consensus but said some parts of that issue were not fully agreed to; and asked if it would be appropriate to present a report to council on some troubling issues. Councilmember Hafner suggested the use of voting instead of consensus and Commissioner Carroll added that a Planning Commissioner can always testify to the Council regardless of the vote outcome. Mayor Towey also agreed with the use of a minority report. City Manager Jackson said that staff attempts to include Planning Commission minutes with council packet material when council is faced with action after an issue has been to the Planning Commission; and said that sometimes the short time between the Commission meeting and the Council meeting precludes that; and said the more we can break that down and show the discussion in the minutes, the more helpful it will be to Council,and said we will be more diligent to include those meeting minutes in the future. Director Hohman said a suggestion from Planning Manager Kuhta was after the commission conducts a public hearing, that instead of having staff bring draft findings prior to the meeting, they will prepare them for the next meeting, and that way it can include some information from the minutes regarding any Joint Council/Planning Commission Meeting 02-21-12 Page 4 of 5 Approved by Council: DRAFT strong objections or differing opinions. Planning Manager Kuhta said there are many pieces when working with complex legislative actions;that some things can be as a result of compromise,while taking a consensus on others things works better; he said most of the time the Planning Commission is able to come to agreement; and suggested having a vote on the final package at the end of the process. Mr. Kuhta also mentioned that sometimes there is enough concern on one or two issues to have a formal vote; and said the Commission can blend the idea of consensus and formal vote as they work through the issues. Director Hohman said a good example would be the comprehensive plan amendments whereby the Planning Commission would feel council needs to look at some elements that weren't necessarily on the docket but feel are important nonetheless; and for those instances, the Commission could recommend council direct staff to look into such issue further; and staff would then bring that to Council and look for council consensus to move forward. Councilmember Hafner reiterated that a vote definitely indicates where each member stands and a consensus is not a good indicator if there are any differences. At 7:50 p.m.,Mayor Towey called for a recess;he reconvened the meeting at 8:00 p.m. 3. Public Records Act Training—Cary Driskell City Attorney Driskell discussed Washington's Public Record Act, explaining the purpose of the Act and such definitions as public record, writing, and meta-data; and discussed staffs responsibility in complying with the Act, explained there are over 300 exemptions to the Act, and he gave examples of what information is not protected, discussed penalties which include attorney's fees and said our Clerk's office is responsible for logging in all requests into a database, keeping track of the request and of how each request was handled. 4. Open Public Meetings Act/Appearance of Fairness Doctrine—Kelly Konkright Deputy City Attorney Konkright went through his PowerPoint highlighting the main points in the Open Public Meetings Act, and explaining that it pertains to Councils as well as to Planning Commissions,that the purpose is to maintain public control over government, and provide transparency in government and enhance public trust; he explained the requirements of the Act and went over the definition of a meeting; talked about the public's perception; briefly discussed the use of e-mail communications,requirements to notice meetings, exceptions to the Act and penalties for violations of the Act; then talked about the "Appearance of Fairness Doctrine,"giving examples of what are and are not quasi-judicial actions. At 9:00 p.m., it was moved by Deputy Mayor Schimmels and seconded to extend the meeting for fifteen minutes, with all in favor of the motion except Councilmember Woodard. 5. Other Topics of Mutual Interest.There were no further topics discussed. 6. Executive Session: previously removed from the agenda. It was moved by Deputy Mayor Schimmels, seconded and unanimously agreed to adjourn. The meeting adjourned at 9:04 p.m. Thomas E.Towey,Mayor ATTEST: Christine Bainbridge,City Clerk Joint Council/Planning Commission Meeting 02-21-12 Page 5 of 5 Approved by Council: DRAFT MINUTES City of Spokane Valley City Council Regular Meetings Formal Meeting Format Tuesday,February 28,2012 Mayor Towey called the meeting to order at 6:00 p.m. Attendance: City Staff: Tom Towey,Mayor Mike Jackson,City Manager Gary Schimmels,Deputy Mayor Cary Driskell,City Attorney Dean Grafos,Councilmember Neil Kersten,Public Works Director Brenda Grassel,Councilmember Mark Calhoun,Finance Director Chuck Hafner,Councilmember John Hohman,Community Dev. Director Ben Wick,Councilmember Kelly Konkright,Deputy City Attorney Arne Woodard,Councilmember Karen Kendall,Assistant Planner Morgan Koudelka, Sr.Administrative Analyst Carolbelle Branch,Public Information Officer Christine Bainbridge,City Clerk INVOCATION: Pastor Darrel Cole of the Spokane Valley Wesleyan Church gave the invocation. PLEDGE OF ALLEGIANCE: Scouts from Troop 423 led the Pledge of Allegiance. ROLL CALL: City Clerk Bainbridge called the roll;all councilmembers were present. APPROVAL OF AGENDA: It was moved by Deputy Mayor Schimmels, seconded and unanimously agreed to approve the agenda. INTRODUCTION OF SPECIAL GUESTS AND PRESENTATIONS: COMMITTEE,BOARD,LIAISON SUMMARY REPORTS: Councilmember Hafner: reported that he attended the GMA (Growth Management Association) Meeting and said a public hearing is set for March 17 regarding some of their proposed changes; attended the 911 Committee meeting and reported that they are in the process of completing the implementation from broad to narrow bandwidth, which must be done by the end of 2012, and said while many entities won't be able to meet that deadline, they will; went to the STA (Spokane Transit Authority) meeting and said they are in the process of purchasing several buses that run on gas and diesel; said he went to the Health Board meeting and said that $58 million could be cut from that budget so they will be examining their resources for 2013. Councilmember Grassel: said she participated in the first Project Sports Facility Study meeting, along with Parks & Recreation Director Stone, and said within the next six months they hope to have the research completed of sports user groups in the area; and said she went to the ribbon cutting for the Hearth Homes. Deputy Mayor Schimmels: said he attended the Solid Waste Advisory Committee; went to the Transportation Committee meeting where they held a luncheon concerning the north/south freeway, and said they had a good turnout. Council Regular Meeting 02-28-2012 Page 1 of 5 Approved by Council: DRAFT Councilmember Grafos: reported that he attended the GMA Steering Committee and said there will be a public meeting March 21 concerning areas that will be allowed to connect to utilities over the next ten to twenty years, and said one of those areas is outside Spokane Valley city limits but borders our city; said he attended Mike Wirt's retirement from Spokane County Library District; went to the Chamber of Commerce Business Biz were the keynote speaker was the Superintendent of Public Instruction Randy Zorn; and also attended the Washington State Department of Transportation meeting hosted by the Chamber of Commerce,which included the topic of the north/south freeway. Councilmember Wick: said the SNAP board is getting ready to kick off their capital campaign and has an opportunity to purchase property next to Spokane Falls Community College and if they are successful in the purchase, it would lower their overhead cost; went to the Economic Development talks; had a meeting concerning the Interstate Fair and said they could lose about $60,000 in revenues and they are trying to find alternate funding sources, including the idea of having sponsors; participated in the visitation from Scout Troop 343; also went to the Chamber of Commerce breakfast; and helped support the Junior Livestock auction dinner. Councilmember Woodard: said he attended the Sprague/Evergreen/Sullivan review at Veradale Church and complimented staff on a great job of facilitating the meeting as they discussed what the project would entail and of staffs efforts to minimize the impact on businesses; attended the retirement reception for Mike Wirt of the Spokane County Library District; went to the Chamber of Commerce Connections meeting; the ribbon cutting at Hearth Homes; attended the Planning Commission meeting last Thursday; went to the scouting leadership breakfast at the Convention Center where the guest speaker was John Silverwood, author of the book "Black Wave," about a family's disastrous adventure at sea where the family was saved by the son,who was a former boy scout. MAYOR'S REPORT: Proclamations:March for Meals;Developmental Disabilities Awareness Month Mayor Towey reported that he also attended some of the meetings and events already described,including the Regional Board of Health meeting, the ribbon cutting for Hearth Homes, the boy scout leadership breakfast; and reported he attended the Kaiser Aluminum plant tour of their expansion; said he went to the Greater Spokane, Inc. meeting where EWU Professor Patrick Jones gave a presentation about community indicators. Mayor Towey then read the March for Meals proclamation received with thanks from Pam Almeida; and the Developmental Disabilities Awareness Month proclamation, also received with thanks from Darci Osborne,volunteer with the Arc of Spokane's Inclusion Network. PUBLIC COMMENTS: Mayor Towey invited general public comments;no comments were offered. 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 VOUCHER NUMBERS; TOTAL AMOUNT 02/09/2012 25144-25181; 202120026 $508,199.48 02/102012 25182-25207 $75,344.39 02/16/2012 3844-3847 $60,667.65 GRAND TOTAL $644,211.52 b.Approval of Payroll for period ending February 15,2012: $277,113.87 c.Approval of Minutes of February 7,2012 Special Council Meeting,Retreat d.Approval of Minutes of February 7,2012 Study Session Format Council Meeting Council Regular Meeting 02-28-2012 Page 2 of 5 Approved by Council: DRAFT e.Approval of Minutes of February 14,2012 Formal Format Council Meeting It was moved by Deputy Mayor Schimmels, seconded and unanimously agreed to approve the consent agenda. NEW BUSINESS: 2. Second Reading Proposed Ordinance 12-002 Amending 2012 Budget—Mark Calhoun After City Clerk Bainbridge read the ordinance title, it was moved by Deputy Mayor Schimmels and seconded to approve Ordinance 12-002 amending Ordinance 11-017 which adopted the 2012 budget. Finance Director Calhoun gave a brief overview of the amendments. Mayor Towey invited public comment; no comments were offered. Vote by Acclamation: In favor: Unanimous. Opposed: None. Motion carried. 3.First Reading Ordinance 12-010, Signage and Sale of Alcohol—Kelly Konkright After City Clerk Bainbridge read the ordinance title, it was moved by Deputy Mayor Schimmels and seconded to advance Ordinance 12-010 to a second reading at the March 13, 2012 Council meeting. After Deputy City Attorney Konkright went over the background of this proposed ordinance, he added that in checking with the Liquor Control Board, they have not issued any violations in this regard; that they are on an education campaign as very few owners are aware of the new regulations; and that they will start issuing warnings later, but don't anticipate any violations or fines until well after the warning process; and said if we move forward with the second reading for March 13, there doesn't appear to be any enforcement issues. Mayor Towey invited public comment. Linda Thompson, 10913 E 46th Avenue: said she works for Greater Spokane Substance Abuse Council, and she asked Council not to pass this; she said that due to initiative 1183 for the privatization of alcohol, this makes us one of the most deregulated states concerning alcohol regulations; said she feels the required signage is enough to advertise businesses, and asks that we stay with what the Liquor Control Board has previously set and not pass this ordinance. Mike Rounds, 524 N McDonald, said he wants information about how much the fine would be. Samantha Walters, 9522 E. Shannon, asked Council not to pass this ordinance; said on her way to school she walks past establishments with these signs; that she works hard to stay drug free and feels more signs are not warranted. Councilmember Hafner said he doesn't see the relevance of having more signs and is not in favor of advertising more toward young people. Vote by Acclamation: In Favor: Mayor Towey, Deputy Mayor Schimmels, and Councilmembers Grassel, Woodard, Wick and Grafos. Opposed: Councilmember Hafner. Motion carried. 4.First Reading Ordinance 12-011 Amending Chapter 22.70,Landscaping—Karen Kendall After City Clerk Bainbridge read the ordinance title, it was moved by Deputy Mayor Schimmels and seconded to advance Ordinance 12-011 to a second reading at the March 13, 2012 Council meeting. Councilmember Woodard disclosed that he has some barbed wire on his property inside a six-foot cedar fence,and said he feels he can listen to the information and vote in an unbiased way to do what is best for the citizens. Councilmember Grafos said as he mentioned at the last meeting, he has barbed wire fence next to the right-of-way and feels even though it directly affects him, he can be unbiased in his vote as this issue affects a lot of businesses. Planner Kendall explained the staff was directed to proceed with modifications to the fencing and landscaping standards and she went over the proposed changes to the code. Mayor Towey invited public comment; no comments were offered. Councilmember Wick said he prefers staying with the Planning Commission's recommendation of not allowing barbed wire adjacent to roads. Vote by Acclamation: In Favor: Mayor Towey, Deputy Mayor Schimmels, and Councilmembers Hafner, Grassel, Woodard, and Grafos. Opposed: Councilmember Wick. Motion carried. 5.Motion Consideration: Approval of Fire Department Interlocal Agreement —Cary Driskell It was moved by Deputy Mayor Schimmels and seconded to authorize the City Manager to execute the Interlocal Agreement for Fire Services in the City of Spokane Valley as proposed. City Attorney Driskell Council Regular Meeting 02-28-2012 Page 3 of 5 Approved by Council: DRAFT explained about the history of the City's master fee schedule including the Fire Department's fees, which was used as a means to collect the fees and pass the revenues to the Fire Department; and that this Interlocal changes that stipulation as Fire Department fees are clearly set by the Fire Department. Mayor Towey invited public comment; no comments were offered. Councilmember Grassel said she doesn't want council to be held accountable for the increase in those fees and/or have the public assume this body set those fees; and City Attorney Driskell said those fees will be removed and put on a separate sheet. Vote by Acclamation:In Favor: Unanimous. Opposed:None. Motion carried. 6.Motion Consideration: 2012 Law Enforcement Interlocal Amendment—Kelly Konkright,Morgan Koudelka It was moved by Deputy Mayor Schimmels and seconded to authorize the City Manager to execute the "2012 Amendment to Interlocal Agreement for Costs Incident to Law Enforcement Services in the City of Spokane Valley"consistent with the attachments. Deputy City Attorney Konkright explained that he and Senior Administrative Analyst Koudelka are here tonight to discuss the proposed changes as well as some prior changes that have taken effect regarding a change of services, and allocating different resources in different areas when needed; and of the desire to have the current agreement reflect those changes. Mr. Koudelka went over the updates since last December and said this mainly concerns the change in the Intelligence Led Policing position, in that it was performed by a deputy who is no longer available; and that there are no current deputies qualified for this position and that the Sherriff s Office recommends this position be filled by a detective/corporal;which would have an impact on our budget of$4,500 annually. Mayor Towey invited public comment; no comments were offered. Vote by Acclamation: In Favor: Unanimous. Opposed:None. Motion carried. PUBLIC COMMENTS: Mayor Towey invited public comment;no comments were offered. ADMINISTRATIVE REPORTS: 7. Lodging Tax—Round Two—Mark Calhoun Finance Director Calhoun explained that for round two of lodging tax grant applications, eight applications were received and of those eight, six presentations were made to the committee at the February 2 meeting; and said that the Spokane Valley Soccer Club was scheduled to make a presentation but did not attend; and he said that one of the criteria for receiving funds is the entity must be a non-profit entity, and that the Regional Golf Consortium had not yet received that designation and that they too did not attend. Mr. Calhoun also noted that the committee recommended that the Regional Convention and Visitor's Bureau receive funding contingent upon a meeting held in Spokane Valley between partners applying for lodging tax in order to discuss joint marketing opportunities; and said that would be something this Council could stipulate if desired when making the motion award at the March 27 council meeting. Mr. Calhoun went over the funding and remarked that the funds could be further drawn down which would still leave a balance of about $100,000; and if Council made that decision, Council could make a recommendation to formally amend the budget later. Mr. Calhoun also discussed the application from the Spokane Arts Council requesting $50,000 for a large statue, and said staff sought the opinion from the State Auditor and it appears that the "city would need to demonstrate how the statue would promote or increase tourism to Spokane Valley," and said it appears this does not fit into any of the categories and feels if we were to pursue this at this time, it would be an "uphill battle" to convince the auditor's office that spending the money on this project would be appropriate. Councilmember Grassel said the Arts Council had asked council if they could apply and she told them they could; but when the standards were brought up, she moved her support to the Convention and Visitor's Bureau; but suggested the Arts Council could apply in the future by perhaps including some statues as a point of interest; but that this application was for a specific statue for the city's entrance. Council Regular Meeting 02-28-2012 Page 4 of 5 Approved by Council: DRAFT 8.Advance Agenda—Mayor Towey Mayor Towey mentioned he would like to have a joint meeting with the Mayor and Council of the City of Spokane; and a separate joint meeting with the Board of County Commissioners, and said if councilmembers have any agenda topics,to please tell him or City Clerk Bainbridge. INFORMATION ONLY(will not be discussed or reported): The items of (9) Community Development Block Grant (CDBG); (10) Department Reports; and (11) Raised Concrete Medians on Arterial Streets, were for information only and were not discussed or reported. 12.EXECUTIVE SESSION: Pending/Potential Litigation [RCW 42.30.110(1)(i)] It was moved by Deputy Mayor Schimmels, seconded and unanimously agreed to adjourn into executive session for approximately thirty minutes to discuss pending/potential litigation, and that no action will be taken upon return to open session. Council adjourned into executive session at 8:52 p.m. At approximately 8:30 p.m., City Attorney Driskell returned to Council Chambers and announced that the executive session would be extended to 9:00 p.m. At 9:00 p.m., City Attorney Driskell again returned to Council Chambers and announced the executive session would be extended to 9:15 p.m. At 9:15 p.m., Mayor Towey declared Council out of Executive Session; after which it was moved by Deputy Mayor Schimmels, seconded and unanimously agreed to adjourn. ATTEST: Thomas E.Towey,Mayor Christine Bainbridge,City Clerk Council Regular Meeting 02-28-2012 Page 5 of 5 Approved by Council: CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: March 13,2012 Department Director Approval: Check all that apply: ❑ consent ❑ old business ® new business ❑ public hearing ❑ information ❑ admin.report ❑ pending legislation AGENDA ITEM TITLE: Second Reading Proposed Ordinance 12-010 Adopting Spokane Valley Municipal Code Section 5.25 Regarding Alcohol Beverage Signage. GOVERNING LEGISLATION: WAC 314-52-070 BACKGROUND: The Washington State Liquor Control Board oversees and regulates the outdoor advertising by liquor licensees regarding the sale and/or service of liquor pursuant to the Washington Administrative Code (WAC). WAC 314-52-070 (2) limits retail licensed premises to a total of four (4) outdoor signs referring to alcoholic beverages, brand names, or manufacturers. The same provision also limits the total signage area to 1,600 square inches. A "sign" is defined as a board, poster, neon, or placard display to advertise. WAC 314-52-070(2) specifically provides that local jurisdictions have the option to exempt liquor licenses within the City from the outdoor advertising restrictions through the adoption of an ordinance. Proposed Ordinance 12-010 would exercise the local exemption option. OPTIONS: Adopt Ordinance 12-010, or direct staff to make further changes. RECOMMENDED ACTION: I move to approve Ordinance 12-010 adopting SVMC 5.25 relating to alcohol beverage signing. BUDGET/FINANCIAL IMPACTS: None. STAFF CONTACT: Kelly Konkright—Deputy City Attorney ATTACHMENTS: Draft Ordinance 12-010 DRAFT CITY OF SPOKANE VALLEY SPOKANE COUNTY,WASHINGTON ORDINANCE NO. 12-010 AN ORDINANCE OF THE CITY OF SPOKANE VALLEY, SPOKANE COUNTY WASHINGTON, RELATING TO ALCOHOL ADVERTISING REGULATIONS ESTABLISHED BY THE WASHINGTON STATE LIQUOR CONTROL BOARD; ADOPTING A NEW SECTION TO SPOKANE VALLEY MUNICIPAL CODE SECTION 5.25 WHEREAS,the Washington State Liquor Control Board(LCB)has established in Washington Administrative Code (WAC) 314-52 alcohol advertising regulations to promote public safety;and WHEREAS,WAC 314-52-070 provides administrative regulations enforced by the LCB limiting each retail licensed premises to a total of four outdoor advertising signs,totaling no more than 1,600 square inches,which refer to alcoholic beverages,brand names,or manufacturers;and WHEREAS, WAC 314-52-070(2) specifically provides that a local jurisdiction has the option to exempt liquor licenses located within that local jurisdiction from the limitation on the number of signs regulated under WAC 314-52-070 or other applicable sections of the Washington Administrative Code, NOW, THEREFORE, the City Council of the City of Spokane Valley, Spokane County, Washington,do ordain as follows: Section 1. Adopting Spokane Valley Municipal Code Section 5.25 regarding alcoholic beverage signage. The City Council adopts a new section 5.25 of the Spokane Valley Municipal Code is adopted as follows: 5.25 Alcohol Advertising Regulations Premises located within the City limits and licensed by the Washington State Liquor Control Board to sell alcohol are exempt from all provisions in Washington Administrative Code (WAC) 314-52-070(2) restricting the number and size of signs referring to alcoholic beverages, brand names, or manufacturers that are affixed or hanging in the windows and on the outside of the premises. Premises so licensed remain subject to the sign regulations contained in SVMC 22.110.010 through .130. All other provisions of WAC 314-52-070 shall remain in effect. As used herein, the term "premises" shall be as defined in WAC 314-01-005 and used in WAC 314-52-070. Section 2. 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 3. 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 ,2012. ATTEST: Thomas E.Towey,Mayor Christine Bainbridge,City Clerk Approved As To Form: Date of Publication: Effective Date: Office of the City Attorney Ordinance 12--010—Alcohol Advertising Regulations Page 1 of 1 CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: March 13,2012 Department Director Approval: ❑ Check all that apply: ❑ consent ❑ old business ®new business ❑ public hearing ❑ information ❑ admin.report ❑ pending legislation AGENDA ITEM TITLE: Second reading of proposed Ordinance 12-011: amendments to Spokane Valley Municipal Code (SVMC)22.70(Fencing, Screening and Landscaping). GOVERNING LEGISLATION: SVMC 17.80.150 and 19.30.040 PREVIOUS COUNCIL ACTION TAKEN: Council held first reading of Ordinance 12-011 on February 28,2012 for amendments to SVMC 22.70. BACKGROUND: City Council directed staff to proceed with modifications to the fencing and landscaping standards(Chapter 22.70) in the SVMC. On August 25, 2011 the Planning Commission was presented an overview of landscaping standards and outlined proposed changes. Planning Commission met on the following dates; 1. September 22,2011 —Study Session 2. November 10,2011 —Public Hearing 3. December 8,2011 —Continued Public Hearing and deliberation 4. January 12,2012—Continued deliberations and made recommendation 5. January 26,2012—Approved findings and recommendations to City Council Based upon staff's recommendation,the Planning Commission made a motion 7 to 0 to move the proposed amendments on to the City Council for review and decision. The Planning Commission approved the following amendments to SVMC 22.70; 1. Section 22.70.020.B—Allow fences to be placed on the property line in a flanking yard(corner lot)outside of the front yard setback. 2. Section 22.70.020.0—Modify language to provide more clarity to the clear view triangle definition and update references to tables and figures to ensure this section is administered correctly. 3. Section 22.70.020.F—Define which zones allow barbed,concertina or razor wire. 4. Section 22.70.030.E.9 and Table 22.70-4—Consolidate all landscape point calculation requirements into Table 22.70-4 and moved Section 22.70.040.N beneath table. 5. Section 22.70.030.E.9—Consolidated into Table 22.70-4. 6. Section 22.70.030.G.5.f—Modified language so tree staking is optional and specified a time limit for removal. 7. Section 22.70.030.G.6—Consolidated into Table 22.70-4. 8. Section 22.70.030.G.9—Added flexibility to landscaping requirements relating to new parking stalls. 9. Section 22.70.030.J.4—Remove landscape requirement for new signs in developed areas. 10. Section 22.70.030.L.1.e—Add additional flexibility to landscaping requirements for industrial zoned properties. 11. Section 22.70.030.M—Clarified the party certifying the landscaping at project completion. 12. Figure 22.70-14—Added an alternative to above ground tree staking for more options. 1 of 2 City Council was presented an in-depth look at proposed changes to the fencing and landscaping standards in SVMC 22.70 on February 7, 2012. Concerns were raised regarding restrictions for barbed wire adjacent to public right-of-way. Revised language was proposed for Section 22.70.020.F and reflected in attached ordinance 12-011. Additionally, staff found the City's regulations currently address non-conforming fences. Council forwarded Ordinance 12-011 to a second reading on February 28, 2012 with a 6-1 vote. OPTIONS: Proceed as proposed,or as modified;or direct staff further. RECOMMENDED ACTION OR MOTION: Move to approve Ordinance 12-011 amending sections of Spokane Valley Municipal Code 22.70. BUDGET/FINANCIAL IMPACTS: None. STAFF CONTACT: Karen Kendall—Assistant Planner ATTACHMENTS: (1) Ordinance 12-011 2 of 2 DRAFT CITY OF SPOKANE VALLEY SPOKANE COUNTY,WASHINGTON ORDINANCE NO. 12-011 AN ORDINANCE OF THE CITY OF SPOKANE VALLEY, SPOKANE COUNTY, WASHINGTON AMENDING SECTIONS OF SPOKANE VALLEY MUNICIPAL CODE 22.70 FENCING, SCREENING AND LANDSCAPING; AND OTHER MATTER RELATED THERETO. WHEREAS, the City of Spokane Valley (City) adopted the Uniform Development Code (UDC)pursuant to Ordinance 07-015, on September 25, 2007; and WHEREAS, the Uniform Development Code (UDC) became effective on October 28, 2007; and WHEREAS, such regulations are authorized by RCW 36.70A; and WHEREAS, the amendments set forth below are consistent with the goals and policies of the City's Comprehensive Plan; and WHEREAS, after reviewing the Environmental Checklists, the City issued a Determination of Non-significance (DNS) for the proposals, published the DNS in the Valley News Herald, posted the DNS at City Hall, and mailed the DNS to all affected public agencies; and WHEREAS, the City provided a copy of the proposed amendment to Washington State Department of Commerce (DOC) initiating a 60-day comment period pursuant to RCW 36.70A.106; and WHEREAS, SVMC 22.70 as amended, bears a substantial relation to the public health, safety and welfare and protection of the environment; and WHEREAS, on September 22, 2011, the Planning Commission reviewed the proposed amendments; and WHEREAS, On November 10, 2011, the Commission held a public hearing and received evidence, information, public testimony and a staff report with a recommendation; and WHEREAS, On December 8, 2011, the Commission continued the public hearing and received evidence, information, public testimony, a staff report with a recommendation and deliberated; and WHEREAS, On January 12, 2012, the Commission deliberated and provided a recommendation; and WHEREAS, On January 26, 2012, the Commission approved the findings and recommendation; and Draft Ordinance 12-011 Amending SVMC 22.70(Fencing,Screening and Landscaping) Page 1 of 10 DRAFT WHEREAS, on February 7, 2012, Council reviewed the proposed amendments; and WHEREAS, on February 28, 2012, Council considered a first ordinance reading to adopt the proposed amendment. NOW THEREFORE,THE CITY COUNCIL SPECIFICALLY ORDAINS AS SET FORTH BELOW: Section One: SVMC 22.70 is amended as follows: 22.70.020 General provisions—Fencing. B. Any fence or wall, erected or placed behind the minimum required front yard setback line on a flanking, side or rear yard may be erected or maintained to a maximum height of eight feet above the adjacent grade in residential zoning districts. Lots with double street frontage may have a fence constructed on the property line around the yard not used as the main point of access (the apparent backyard rear yard). C.Neither residential, commercial or industrial fencing, nor any sight obstruction including vegetation,which constitutes a hazard to the traveling public shall be permitted on any plot in any zone within the area designated as the "clearview triangle" as set forth below: 1. A clearview triangle is a measurement applied at the intersection of two Istreets or the intersection of an alley,private road or commercial driveway and a street to ensure unobstructed vision of motorists and pedestrians. Within the clearview triangle, the space between three and one-half feet and seven feet above the street, or three feet above the sidewalk, must be unobstructed and calculated as follows: Clearview triangles for new development and new commercial driveway approaches shall be calculated using the methods presented in SVMC 22.130.040 Street Standards. a. Uncontrolled Intersection. The right isosceles triangle having sides of 50 feet measure along the curb line of each intersecting local access street(or five feet from edge of pavement for a street with no curbs), alley or commercial driveway (see Figure 22.70-2); or Draft Ordinance 12-011 Amending SVMC 22.70(Fencing,Screening and Landscaping) Page 2 of 10 DRAFT Replace Figure 22.70-2 (Uncontrolled Intersection)with: Figure 22.70-2 Uncontrolled Intersection sou cou Local Access Street Local Access Street CURB PROPERT� � � OPERTY RIGHT-OF- '41.40111. d R O j a z z NOTE:If no curb is present, a. a. measure in 5 feet towards the o a property line from the edge of the roadway. t_CrRBJ CITY CITY RIGHT-OF- RIGHT-OF- Replace Figure 22.70-3 (Two-Way Stop Controlled Intersection)with: Figure 22.70-3 Two-Way Stop Controlled Intersection i See Table Through St sell Through Street-1 '1 CI-R 4r«�°~ RIGHT-OF- PROPERT Y LINE i. H a. a. o O C4 aNOTE:If no curb is present, z measure in 5 feet towards c the property line from the CITY edge of the roadway. RIGHT-OF CUR CITY GHT-OF- Draft Ordinance 12-011 Amending SVMC 22.70(Fencing, Screening and Landscaping) Page 3 of 10 DRAFT Table 22.70-1 Table 22.70-1 Yield Controlled Two-Way Stop Controlled Intersection Posted Speed (in MPH) Distance (in Feet) 25 70 30 95 35 110 Replace Figure 22.70-4 (Yield-Controlled Intersection)with: Figure 22.70-4 Yield-Controlled Intersection Through Street Through tStreet CURB 7 I .7':,1" CITY ' PROPERTY RIGHT-OF- LINE 1 CITY URB 1 RIGHT-OF-WAY CITY HT-OF-WAY Move below Figure 22.70-4 e. All-Way Stop Controlled. The triangle determined by the City traffic engineer using AASHTO sight distance requirements for all-way stop controlled intersections; or Draft Ordinance 12-011 Amending SVMC 22.70(Fencing, Screening and Landscaping) Page 4 of 10 DRAFT Replace Figure 22.70-5 (Noncommercial Driveway)with: Figure 22.70-5 Noncommercial--t Str et H Str et CUR"' ��� pVR0PERTY CITY � RIGHT-OF- A i_ EDGE OF___ EDGE OF DRIVEWAY DRIVEWAY F. Barbed wire or razor wire may be used for security purposes in mixed use, commercial and industrial zoning districts in the absence of a residential component only on the upper one-quarter of the fence in industrial zoning districts. Barbed wire, concertina or razor wire shall not be permitted in any residential zoning district(except for confining animals, see Section 22.70.020.G and H)mixcd use zoning district adjacent to any public right of way. Barbed wire shall be installed vertically or projecting into property. An administrative determination may be made by the Director for community facilities seeking relief from barbed wire requirements. G. In any residential zoning district, barbed wire fences may be used to confine animals, if the parcel meets the requirements contained in Section 19.40.150. H. Electric fences may be used for the confinement of animals; provided, however, that: 1. The fence is marked with warning signs at least 24 square inches in area located every 150 feet; and 2. The electric fence is located not less than 24 inches from the property line; and 3. Access to the fence is limited by conventional fencing or enclosure. 114. A combination of sight-obscuring fences and landscaping shall be required between incompatible land uses as established in SVMC 22.70.030. I H. Fencing shall not block the view of fire protection equipment from approach. (Ord. 07-015 § 4, 2007). Draft Ordinance 12-011 Amending SVMC 22.70(Fencing, Screening and Landscaping) Page 5 of 10 DRAFT 22.70.030 Screening and buffering. B. Type I—Full Screening. 3. All trees and shrubs shall be planted and maintained in accordance with the standards of the American Association of Nurserymen Standard for Nursery Stock. All newly planted trees and shrubs shall be mulched and maintained to give a clean and weed-free appearance. C. Type II—Visual Buffering. 2. All trees and shrubs shall be planted and maintained in accordance with the standards of the American Association of Nurserymen (a copy of which is on file in the planning Standard for Nursery Stock. All newly planted trees and shrubs shall be mulched and maintained to give a clean and weed-free appearance. E. General Provisions—Landscaping Table 22.70-4 —Landscaping Points Required Size of Developed Number of Points Required for Development,Additions or Area Site Alterations 0 500 sq. ft. Site points — 10 500—2,500 sq. ft. Site points = 25 2,5019—5,000 sq. ft. Site points = 50 More than 5,000 sq. Site points = 50 plus one point for each 200 sq. ft. of area over ft. 5,000 sq. ft. Parking lots Two points per required parking space and one point for each proposed additional parking space 3. Landscaping Plan Requirements. A landscaping plan shall be prepared and sealed by a registered landscape architect when proposal exceeds 100 required landscape points. All landscape plans shall include the size and type of landscaping materials, the dimensions of the tract, and a point calculation showing compliance with this provision. 43. An additional 10 percent in the number of points shall be required adjacent to the following aesthetic corridors: a. State Route 27 from 16th Avenue South to 32nd Avenue and Mansfield Avenue to Trent Avenue; Draft Ordinance 12-011 Amending SVMC 22.70(Fencing,Screening and Landscaping) Page 6 of 10 DRAFT b. Appleway Boulevard (south side from Park Road to Dishman Mica Road); c. Mirabeau Parkway from Pines Road to Indiana Avenue; d. Dishman Mica Road from 8th Avenue, south to City limits; e. 32nd Avenue within the City limits; f. Appleway Avenue from Barker Road to Hodges Road. 54. Points for required full screening or visual buffers shall be in addition to the points required to meet landscaping requirements of this section. 65. A maximum of 25 percent of required landscape points may be claimed within the street right-of-way. 76. A minimum of 60 percent of points shall be used for landscaping in the front and side yards. 8q. A minimum of 25 percent of required points shall be used for evergreen plantings. 9S. A maximum of 25 percent of required points may be used for turf grass. (Turf located within the street right-of-way is excluded.) 9. Any addition to existing building(s) or alterations to an existing site exceeding 500 square feet shall require: a. One point of landscaping for every 200 square feet of developed area, with a minimum of 10 points; and b. Two points of landscaping for every parking space installed for the building Titian. G.Landscaping Requirements for Parking Areas. 5. Amount and Location f. Each tree shall be planted a minimum of two feet away from the outside of any permanent barrier of a landscaped area or edge of the parking area. Trees shall may be staked for a period of notes more than 12 months after planting; b. Any construction within or expansion or reconstruction of existing parking facilities in excess of 500 square feet shall be required to come into compliance with the requirements of this chapter. Draft Ordinance 12-011 Amending SVMC 22.70(Fencing,Screening and Landscaping) Page 7 of 10 DRAFT 61. Parking areas limited to commercial loading and truck maneuvering are limited to provision of street trees along public rights-of-way, planted at intervals no greater than 30 feet on center. 7S. Modifications to protect drainage features, easements, or facilities shall be allowed. 83. The requirements of this section shall not apply to parking garages or parking decks, or display areas for automotive and equipment sales and rentals. 9. Proposals requiring ten (10)new parking stalls or less are exempt from landscaping points found in Table 22.70-4. J. Landscaping Requirements for Freestanding Signs. 4.New sign structures on a fully developed site will require minimal xeriscaping pursuant to subsection K of this sectionare exempt from landscaping. L. Modification of Landscaping Requirements. e. Additions or expansions on developed Industrial zoned properties may be exempt from landscaping requirements,where it is shown that the installation of landscaping is not feasible. M. Installation,Maintenance, and Enforcement. 1. Prior to the issuance of a certificate of occupancy, person(s)who prepared landscape plan a registered landscape architect will certify that the irrigation systems and landscaping have been installed in accordance with approved plans and specifications. Draft Ordinance 12-011 Amending SVMC 22.70(Fencing,Screening and Landscaping) Page 8 of 10 DRAFT Figure 22.70-14 Example of Suggested Deciduous Tree Planting • • • Mulch to 1 m Low stake radius J N. Landscaping Plan Requirements. The landscaping plan shall be prepared and landscaping materials, the dimensions of the tract, and a point calculation showing compliance with this provision. Section Two: All other provisions of SVMC 22.70 not specifically referenced hereto shall remain in full force and effect. Section Three: Severability. If any section, sentence, clause or phrases of this Ordinance should 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, clause, or phrase of this Ordinance. Section Four: Effective Date. This Ordinance shall be in full force and effect five (5) days after the publication of the Ordinance, or a summary thereof, occurs in the official newspaper of the City as provided by law. Passed by the City Council this day of March , 2012. Draft Ordinance 12-011 Amending SVMC 22.70(Fencing,Screening and Landscaping) Page 9 of 10 DRAFT Mayor, Thomas E. Towey ATTEST: City Clerk, Christine Bainbridge Approved as to Form: Office of the City Attorney Date of Publication: Effective Date: Draft Ordinance 12-011 Amending SVMC 22.70(Fencing,Screening and Landscaping) Page 10 of 10 CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: March 13,2012 Department Director Approval: ❑ Check all that apply: ❑ consent ❑ old business [' new business [' public hearing ❑ information ® admin. report [' pending legislation [' executive session AGENDA ITEM TITLE: Governance Manual Discussion GOVERNING LEGISLATION: Resolution 10-020 PREVIOUS COUNCIL ACTION TAKEN: Resolution 10-020 adopted 12-28-2010 BACKGROUND: At the November 1 council meeting,Mayor Towey indicated he would like Council to go through the manual one chapter at a time so councilmembers could discuss the material, ask questions, and make revision suggestions and council concurred. Council discussion continued at the November 29, 2011 meeting,at which time council agreed to 1.Under Formal Meeting Format,order of business,change "Old Business"to unfinished business. 2. Include a roll call at formal meetings and study sessions 3. Include City Manager Comments at every meeting(formal and study session) 4. Reverse the verbiage on page 17 so it would read: ". . .unless notified otherwise,the City Clerk will prepare a hard copy agenda packet for individual Councilmembers." The Governance Manual Committee of Mayor Towey and Councilmember Wick, along with City Manager Mike Jackson, City Attorney Cary Driskell, and City Clerk Chris Bainbridge,met February 1 to discuss manual revisions.The main change from that meeting was the deletion of the Telephone Tree,and adding a sentence or two about materials from outside presenters (page 6), which was agreed to by Council at the February 14,meeting. . Council discussed other changes at the February 14 meeting including the paragraph concerning telephone/video conferencing, and it was determined that City Clerk Bainbridge would re-draft that section, adding language about councilmembers viewing public hearings. An added sentence was also suggested for page 35 concerning the Finance Committee, and Council agreed with that suggestion as well. At the end of the discussion Council indicated they would like to see the draft manual once more prior to final adoption consideration. Here is a list of new draft changes for Council's consideration tonight: CHAPTER 1: Council Meetings Page 8: Concerning receipt of Public Comment materials given to Councilmembers prior to a meeting. Page 9: Paragraph 4: to further clarify how to handle requests for presentations or requests from citizens or groups,organizations,etc.to be placed on an upcoming council agenda. Page 13: Telephone/Video Conference: re-wording of that section per previously council discussion. Page 14: Voting and abstaining from voting CHAPTER 4—Hearings Page 28: Minor changes to#2 concerning public comments CHAPTER 5: Committees,Boards, Commissions Page 35: Finance Committee: added last paragraph as noted above. Page 36: Clarified procedure staff uses to announce committee vacancies. APPENDIX A: DEFINITIONS: Added "Ex-parte: The Table of Contents and Index will be updated once all changes have been accepted. OPTIONS: 1. Review and make suggestions for changes as council deems appropriate; 2. Schedule as an action item to consider approval of the Amended Resolution at a future council meeting. RECOMMENDED ACTION OR MOTION: Council discretion BUDGET/FINANCIAL IMPACTS: STAFF CONTACT: Mike Jackson,Cary Driskell,Chris Bainbridge ATTACHMENTS: 1. Draft Governance Manual; DRAFT for 2012 council meeting SCITY OF o Kane Valley® Governance Manual Resolution 12- A Comprehensive Collection of Rules and Procedures Adopted Resolution 03-028 adopted 5-13-2003,replaced by Resolution 04-013 adopted 5-25-2004,replaced by Resolution 05-021 adopted 9-13-2005,replaced by Resolution 06-022 adopted 11-14-2006,replaced by Resolution 07-020, adopted 12-11-2007,replaced by Resolution 09-012, adopted 09-08-2009,replaced by Resolution 10-020, adopted 12-28-2010,replaced by Resolution 12-- Page 1 of 46 DRAFT for 2012 council meeting TABLE OF CONTENTS CHAPTER 1: Council Meetings ... 4 A. General .. 5 1.Time and Location 5 2. Open to the Public 5 3. Presiding Officer 5 B. Types of Meetings 6 1. Regular Meetings 6 a.Formal Format 6 b. Study Session Format 8 c. Executive Sessions 9 2. Special Meeting 11 3. Pre-Agenda Meeting 12 C. Meeting Rules and Procedures 12 1. Council Rules of Order 12 2. Quorum 12 3.Attendance,Excused Absences 12 4. Respect and Decorum 12 5. Seating Arrangement 12 6. Dissents and Protests 12 7. Councilmember Meeting Participation by Telephone/Video Conference 13 8.Adjournment Due to Emergency or Disruption 13 9. Permission Required to Address the Council 13 10.Approaching the Dais 13 11. Out of Order Requests 13 12. Photographs,etc. Requiring Artificial Illumination Prior Permission Required 13 13.Voting 14 14.Motions and Discussion 14 Table of Parliamentary Procedure at a Glance 15 15. Ordinances 16 16. Resolutions 16 17. Reconsideration 16 18. Council materials/packets 17 19. Three Touch Principle 17 CHAPTER 2: Legislative Processes and Procedures 18 A. Election of Council Officers 19 B. Filling Council Vacancies 19 C. Legislative Agendas . 19 D. Council Travel Provisions 19 CHAPTER 3: Council Contacts 21 A. Citizen Contacts and Interactions 22 1.Mayor/Council Correspondence 22 2. Citizen Concerns,Complaints and Suggestions to Council 22 3.Administrative Complaints to Individual Councilmembers 22 4. Social Media 22 B. Staff Contacts and Interactions 23 1. Role of the City Manager 23 2. City staff Attendance at Meetings 23 3. City Clerk-Minutes 23 4.Administrative Interference by Councilmembers 23 Page 2 of 46 DRAFT for 2012 council meeting 5. Informal Communications Encouraged 24 CHAPTER 4: Hearings 25 A. General Public Hearings 26 1. Purpose 26 2. Legislative Hearings 26 B. Quasi-Judicial 27 1. Purpose 27 2. Specific Statutory Provisions 27 3.Actions/Procedures for a Quasi-Judicial Public Hearing 27 4.Appearance of Fairness Doctrine 29 CHAPTER 5: Committees,Boards, Commissions 31 A. Regional 32 1. Committees 32 2. Council Relations with Boards,Commissions,Advisory Bodies 32 B. In-house 32 1. Standing Committees 32 a. Planning Commission 32 b. Lodging Tax Advisory Committee 33 c.Finance Committee 33 C. Private Committees,Boards,Commissions 35 CHAPTER 6: Disclaimer 36 A. Purpose 37 B. Use 37 C. Reliance 37 Appendices: A. Definitions 38 B. Frequently Used Acronyms 39 C. Index 42 D. Optional Committee Report Form 44 E. Policy Resolution of Core Beliefs 45 Page 3 of 46 DRAFT for 2012 council meeting CHAPTER 1 Council Meetings : • ¥ . - — . ' • . ' ,- - . _ ( k « 0 -=/� • \ ' \ \ , ,uw- 1 : . | ~ I. [ I k Jr | . $' . .� . . » \' ( r \ . 111 j ; ;$ Pi/ il , . re� \ \. . \ r _ I �. I . , � II. . . ` , ' > . I .� / , f - : ' , J , ` , \ « , • l!Plailti1.�� � \ _ r � | , ��\j' ^ [ ...K > - } . r ` ® j .. )•ill ` } ' 1 . titgt, '� . � % �w ��k • � % Pr�� �� ®� � ® / f /T . ~ , ` �. ' m - y \ \/ ° _ k `� f .11— �- . � . / - - - , / I \ ` \ ( .2 . . , . /- i- 7 / , ( _ . � . ` } ƒ 2 • \ ` \ 0 . . . / Q1' ! Page 4 of 46 DRAFT for 2012 council meeting A. General 1. Council Meetings- Time and Location Unless otherwise specified in a meeting notice, regular meetings of the City Council shall be held at Spokane Valley City Hall Council Chambers on Tuesdays beginning at 6:00 p.m. 2. Council Meetings-Open to the Public All meetings of the City Council and of committees thereof shall be open to the public, except as provided for in RCW 42.30.110 (Executive Sessions), or RCW 42.30.140 (Open Public Meetings Act). Councilmembers will notify appropriate staff of Councilmember's plans to attend any of the various outside public meetings hosted by other organizations or agencies, or City meetings hosted by various City Departments, so that notice may be published concerning such attendance in order not to risk any real or perceived violation of the Open Public Meetings Act. 3. Presiding Officer The Mayor shall preside at meetings of the Council and be recognized as the head of the City for all ceremonial purposes. The Mayor shall have no regular administrative or executive duties unless specifically set forth herein. In case of the Mayor's absence or temporary disability, the Deputy Mayor shall act as Mayor during the continuance of the absence. In case of the absence or temporary inability of the Mayor and Deputy Mayor, an acting Mayor Pro Tempore selected by majority vote of the remaining members of the Council, shall act as Mayor during the continuance of the absences [RCW 35A.13.0351. The Mayor, Deputy Mayor (in the Mayor's absence) or Mayor Pro Tem are referred to as "Presiding Officer"from time to time in these Rules of Procedure. Page 5 of 46 DRAFT for 2012 council meeting B. Types of Meetings 1. Regular Meeting Any Council meeting that meets in the Spokane Valley City Council Chambers on Tuesday at 6:00 p.m. shall be deemed a"regular meeting." a. Formal Format 1. Normally held 2nd and 4th Tuesdays. The City Clerk, under the direction of the City Manager in consultation with the Mayor, shall arrange a list of proposed matters according to the order of business and prepare an agenda for the Council. On or before close of business on a Friday preceding a Tuesday Council meeting, or at the close of business at least 24 hours preceding a special Council meeting, a copy of the agenda and supporting materials shall be prepared for Councilmembers, the City Manager, appropriate staff, and the media who have filed a notification request. Agendas may be amended as required,and expeditiously distributed to Council and appropriate staff. 2. Requests for presentations to be scheduled on the regular formal agenda imply that the presentation is the official business of the City, and such requests should be submitted to the City Clerk at least ten days prior to the appropriate Council meeting. Playing of video tapes, DVD's, PowerPoints, or other electronic presentations shall be pre-screened by the City Manager or designee who shall determine the appropriateness of the material. In the event the presenter has no PowerPoint or other material to submit prior to the meeting, the presenter shall be requested to provide a brief written summary of the topic and items to be discussed. All written materials, including the written summary, must be submitted to the City Clerk at least ten days prior to the appropriate Council meeting. 3. Forms of Address. The Mayor shall be addressed as "Mayor (surname)" or "Your Honor." The Deputy Mayor shall be addressed as "Deputy Mayor (surname)." Members of the Council shall be addressed as"Councilmember(surname)"unless waived by the Presiding Officer. 4. Order of Business. The business of all regular formal meetings of the Council shall be transacted as follows, provided, however, that the Presiding Officer may, during a Council meeting, rearrange items on the agenda to conduct Council business more expeditiously without the necessity of a formal action or motion. However, adding or removing items from the agenda once a meeting has been called to order requires Council to make a motion and vote on approving the "amended agenda." a. Call to Order by the Presiding Officer. b. Invocation. c. Pledge of Allegiance. d. Roll Call. (See Chapter 1,C3 for procedure to excuse an absence) e. Approval of Agenda. In case of an emergency or an extremely time-sensitive issue which neither the administration nor the entire Council was aware of prior to the distribution of the agenda and accompanying materials, a new item may be introduced by the Presiding Officer, three Councilmembers, or the City Manager and suggested as an amended agenda item for the present meeting. If a new item(s) is added, Council will then consider a motion to approve the amended agenda. ("Three-Touch Principle"should be followed whenever possible.) f. Introduction of Special Guests and Presentations. g. Councilmember Reports. Council or government-related activities(e.g. synopsis of committee, commission,task force or other board meetings). These oral reports are intended to be brief, city work-related reports of significance in keeping the Council informed of pertinent policy issues or events stemming from their representation of the city on a regional board, committee, task force or commission, whether as a formal member or as a liaison. Extended reports shall be placed as Page 6 of 46 DRAFT for 2012 council meeting future agenda items for presentation or submitted in writing as an informational memo. (See Appendix D"Optional Committee Report Form") h. Presiding Officer's Report. i. Public Comments. Comments from the public on subjects not on the agenda for action (as well as comments connected with action items) are limited to three minutes each unless modified by the Presiding Officer. The City Council desires to allow a maximum opportunity for public comment. However, the business of the City must proceed in an orderly,timely manner. At any time, the Presiding Officer, in the Presiding Officer's sole discretion, may set such reasonable limits as are necessary to prevent disruption of other necessary business. 1. Subjects Not on the Current Agenda. The Presiding Officer may invoke a sign-in procedure for speakers. Any member of the public may request time to address the Council. Speakers shall state their name, address, and the subject of their comments, and spell their last name for the record. The Presiding Officer may allow the comments subject to such time limitations as the Presiding Officer deems necessary. Following such comments, the Presiding Officer may place the matter on a future agenda, or refer the matter to administration for investigation and report. 2. Subjects on the Current Agenda. Any member of the public who wishes to address the Council on an action item on the current agenda shall make such request to the Presiding Officer at the time when comments from the public are requested during the agenda item discussion. The Council may hear such comments before or after initial Council discussion. As an option,the Presiding Officer may invoke a sign-in procedure. The Presiding Officer in consultation with the City Manager and/or City Attorney, shall rule on the appropriateness of public comments as the agenda item is reached and shall rule on a specific individual or group time limit for public comment. The Presiding Officer may change the order of speakers so that comment is heard in the most logical groupings. 3. Comments shall be made from the microphone, first giving name,address and subject.No comments shall be made from any other location, and anyone making "out of order" comments shall be subject to removal from the meeting. The public shall be reminded that this is not an opportunity for dialogue or questions and answers,but public comment. When appropriate, staff will research issues and report back to those making the comment as well as to Council. Public comments are opportunities for speakers to briefly address Council, and those speaking are to address members of Council and not the audience. Since this is an opportunity for public comment, in the interest of time and keeping in mind all documents submitted during Council meetings become the property of the City, graphs, charts, posterboards, PowerPoint presentations, or other display materials will not be allowed, although, written comments and written materials, including photographs and petitions,may be submitted to Council via the City Clerk. 4. There will be no demonstrations before, during or at the conclusion of anyone's presentation. Any disruptive behavior, as determined by the Presiding Officer, shall be cause for removal from the meeting room. 5. Any ruling by the Presiding Officer relative to the subsections 1 and 2 above may be overruled by a vote of a majority of Councilmembers present. 6. Council shall not permit public comments if they relate to any matter upon which a quasi-judicial hearing has been required, scheduled, or held. See Chapter 4 for procedure for taking public comment on legislative matters. 7. Written Public Comments. Citizens have the option of submitting written views, opinions, comments, data and arguments to the Council on any topic and at any time, not just prior to or during public Council meetings. Unless the citizen reads their own prepared written comments, such comments will not be read during regular or special Council meetings. Any written comments submitted to Council via the City Clerk will be distributed to Council by placing copies at each Councilmember's workstation or Page 7 of 46 DRAFT for 2012 council meeting city desk; or in the case of e-mailed comments, will be forwarded to Council via e-mail. If individual Councilmembers receive written public comments or materials for the purpose of reading/sharing those materials during council meetings, those materials should be submitted to the City Clerk prior to the council meeting so the Clerk can make copies for later distribution to members of Council. (See also Public Hearings section regarding public comments.) j. Public Hearings. (See Chapter 4 for procedural details) k. Consent Agenda. 1. Items which may be placed on the Consent Agenda are those which: (1) have been previously discussed by the Council; (2) based on the information delivered to members of the Council by administration can be reviewed by a Councilmember without further explanation; (3) are so routine,technical or"housekeeping" in nature that passage without discussion is likely;or(4)otherwise deemed in the best interest of the City. 2. The proper Council motion on the Consent Agenda is: "I move approval of the Consent Agenda." This motion will have the effect of moving to approve all items on the Consent Agenda. Since approval of any item on the Consent Agenda implies unanimous consent, any member of the Council shall have the right to remove any item from the Consent Agenda. Therefore, prior to the vote on the motion to approve the Consent Agenda, the Presiding Officer shall inquire if any Councilmember wishes an item to be withdrawn from the Consent Agenda. If any matter is withdrawn,the Presiding Officer shall place the item at an appropriate place on the agenda for the current or a future meeting. 1. Unfinished Business[includes matters that were pending when a previous meeting adjourned, or matters specifically postponed to the present meeting.] m. New Business. [Action items are designated as New Business] n. Public Comments. [Same as"i"above] (Three-minute time limit each) o. Administrative Reports. Reports or tracking of an administrative issue or topic. p. Information Only Items. These items will generally not be discussed or reported. q. City Manager Comments. r. Executive Session (as required). (See Chapter 1, section B 1 c below) s. Adjournment. No Council meeting should be permitted to continue beyond approximately 9:00 p.m. without approval of a majority of the Councilmembers present. A new time limit must be established before taking a Council vote to extend the meeting. In the event that a meeting has not been closed or continued by Council as herein specified, the items not acted on shall be deferred to the next regular formal Council meeting, unless the Council by a majority vote of members present,determines otherwise. b. Study Session Format 1. Normally held 1St, 3rd and 5th Tuesdays. The purpose of the study session format is to allow Councilmembers to be made aware of impending business and allow informal discussion of issues that might be acted on at a future meeting. Study sessions shall be in a less formal setting than regular formal meetings. Council may be seated other than at the dais, but shall not discourage public observation. Unless there are designated action items which permit public comment, there will be no public comment at study sessions although the Council may request staff or other participation in the same manner as a regular formal Council meeting. The City Clerk,under the direction of the City Manager, shall arrange a Council study session agenda for the meeting. For each item, the agenda shall contain the discussion subject, the discussion leader, the activity and the discussion goal. A copy of the agenda and accompanying background materials shall be prepared for Councilmembers, the City Manager, appropriate staff and the press, on or before 4:30 p.m., one day before the meeting. Councilmembers have the option of accessing their Council packet via the City's website. Unless notified otherwise, the City Clerk will prepare a hard copy agenda packet for individual Councilmembers. During a Council meeting, the Presiding Officer may rearrange items on the agenda to conduct Council business more expeditiously Page 8 of 46 DRAFT for 2012 council meeting without the necessity of a formal action or motion. However, adding or removing items from the agenda once a meeting has been called to order requires Council to make a motion and vote on approving the "amended agenda." a. Voting. 1. Action Items on the Agenda. Although action items may occasionally be included on a study session agenda,it is the practice of Council to keep those instances to a minimum. Because a study session is a recognized meeting according to the "Open Public Meetings Act," it is permissible for Council to take final action during these meetings. 2. Non-action Items on the Agenda. Because study sessions are usually understood by the public and media as referring to meetings at which Council will only consider and discuss items and not take final action or vote, it could be misleading to the public as to the purpose of the meeting if a motion is made unexpectedly. As it is Council's practice to invite public comment after most motions,it would be inappropriate to make a"surprise"motion unless there is a rare special circumstance.Voting or making a motion when neither is included on an agenda does not violate state law, but for consistency sake and to avoid any surprises to the public and media, the practice is discouraged. 2. Discussion Leader's Role. During the Council study session, the discussion leader should introduce the subject and give background information, identify the discussion goal, act as facilitator to keep the discussion focused toward the goal, and alert the Presiding Officer when it is appropriate, to schedule the topic for a motion or official direction of the Council. 3. The role of the Presiding Officer is to facilitate Councilmembers engaged in free flowing discussion without the necessity of each Councilmember being recognized by the Presiding Officer. The Presiding Officer retains the option of assuming the function of the discussion leader at any time in order to maintain decorum and ensure all Councilmembers have the opportunity to be heard, and to keep the discussion properly focused. 4. Requests for presentations to be scheduled on any Council regular study session agenda, imply that the presentation is the official business of the City, and such requests should be submitted to the City Clerk at least ten days prior to the appropriate Council meeting. The City Clerk will consult with the City Manager and the Mayor for a determination of whether the matter is an administrative issue, and whether it should be placed on an upcoming council agenda. Playing of video tapes, DVD's, PowerPoints, or other electronic presentations shall be pre-screened by the City Manager or designee who shall determine the appropriateness of the material. 5. Council Comments. The purpose of this agenda item is to allow Councilmembers an opportunity to report on an activity or key issue which either just arose, needs immediate or imminent action, or to simply report on items that transpired since the last Council meeting, and to serve as an additional opportunity for Councilmembers to bring up topics for clarification, or to address other upcoming concerns. Pre-scheduled materials council wishes to share as part of the council packet, could also be included on study session agendas under"Council Comments." [See also page 17] 6. City Manager Comments. The purpose of this agenda item is to allow the City Manager the opportunity to brief Council on an activity or issue which either just arose, needs immediate or imminent action,or to simply inform Council of items that transpired since the last Council meeting. 7. Forms of Address. Councilmembers and staff have the option of addressing each other on a first name basis during the study session format meetings. Page 9 of 46 DRAFT for 2012 council meeting 8. Roll Call. The City Clerk shall conduct a roll call of Councilmembers. (See Chapter 1, C3 for procedure to excuse an absence) c. Executive Sessions 1. If Council holds an executive session, it will be held in accordance with the Open Public Meetings Act, RCW Chapter 42.30. The Council may hold an executive session during a regular or special meeting. Before convening in executive session,the Presiding Officer shall ask for a motion from Council to: publicly announce the purpose for adjourning into executive session; the approximate length of time for the executive session; the likelihood of Council taking action at the close of the executive session; and whether Council will return to regular session at the close of the executive session or will adjourn the meeting. a. At the close of the executive session and upon Council's return to chambers, the Presiding Officer will declare Council out of executive session, and will ask for the appropriate motion(i.e. an action motion or a motion to adjourn). b. To protect the best interests of the City, Councilmembers shall keep confidential all oral and written information provided during executive sessions. Confidentiality also includes information provided to Councilmembers outside of executive sessions when the information is considered exempt from disclosure under the Code of Ethics for Municipal Officers(RCW 42.52) and/or the Public Records Act(RCW 42.56). 2. RCW 42.30.110 explains the purpose for holding an executive session,some of which include: a. RCW 42.30.110(b). To consider the selection of a site or the acquisition of real estate by lease or purchase when public knowledge regarding such consideration would cause a likelihood of increased price (pending land acquisition); b. RCW 42.30.110(g). To evaluate the qualifications of an applicant for public employment or to review the performance of a public employee. However, subject to RCW 42.30.140(4) (labor negotiations), discussion by a governing body of salaries, wages, and other conditions of employment to be generally applied within the agency shall occur in a meeting open to the public, and when a governing body elects to take final action hiring, setting the salary of an individual employee or class of employees, or discharging or disciplining an employee, that action shall be taken in a meeting open to the public; [note that stating that an executive session is to discuss a "personnel matter" is not sufficient because only certain types of personnel matters are appropriate for discussion in an executive session.] (review qualifications of a public employee) c. RCW 42.30.110(h). To evaluate the qualifications of a candidate for appointment to elective office. However, any interview of such candidate and final action appointing a candidate to elective office shall be in a meeting open to the public (review qualifications of an elected official); d. RCW 42.30.110(i) To discuss with legal counsel representing the agency matters relating to agency enforcement actions, or to discuss with legal counsel representing the agency litigation or potential litigation to which the agency, the governing body, or a member acting in an official capacity is, or is likely to become, a party, when public knowledge regarding the discussion is likely to result in an adverse legal or financial consequence to the agency. For purposes of this subsection (1)(i), "potential/pending litigation" means matters protected by Rules of Professional Conduct(RPC) 1.6 or RCW 5.60.060(2)(a)concerning: (i) Litigation that has been specifically threatened to which the agency, the governing body,or a member acting in an official capacity is,or is likely to become,a party; (ii) Litigation that the agency reasonably believes may be commenced by or against the agency,the governing body,or a member acting in an official capacity; or Page 10 of 46 DRAFT for 2012 council meeting (iii) Litigation or legal risks of a proposed action or current practice that the agency has identified when public discussion of the litigation or legal risks is likely to result in an adverse legal or financial consequence to the agency. 3. Council may adjourn into executive session even if it is not listed on the meeting agenda. There is a requirement in RCW 35A.12.160 that the public be made aware of the preliminary agendas of meetings in advance of the meeting, but that does not mean that an item that arises after the agenda has been posted cannot be discussed at the meeting, even in executive session. Since final action on the matter would not be taken at the executive session, it would not violate any provision in state law to hold an executive session at a regular Council meeting even if the executive session was not listed on the agenda. per MRSC Index-General Government-Executive sessions.] 4. Attendance at Executive Sessions. The City Attorney will be present at executive sessions and it should be noted that the City Attorney is required to attend executive sessions which address litigation or potential litigation. The question of who may attend an executive session other than the Council and the Mayor, is determined by the Council. Where appropriate, the Council may invite other city officials, employees, or individuals to attend executive sessions. If Council invites others, those invited should have some relationship to the matter being addressed, or they should be in attendance to otherwise provide assistance to the Council. For example, staff may be needed to present information or take notes or minutes,but per RCW 42.32.030,executive session minutes are not required. 2. Special Meetings Meetings set at days, times, and places other than Tuesdays at 6:00 p.m. in the Spokane Valley City Council Chambers shall be deemed"special meetings," such as joint meetings with other jurisdictions or entities(Board of County Commissioners,Planning Commissioners),and Council workshops or retreats. A special meeting may be called by the Mayor or any three members of the Council. (RCW 35A.13.170, 35A.12.110). Written notice of the special meeting shall be prepared by the City Clerk. The notice shall contain information about the meeting, including date, time, place, and business to be transacted. The notice shall be delivered to each member of Council at least 24 hours before the time specified for the proposed meeting(RCW 35A.12.110). The notices provided in this section may be dispensed within the circumstances provided by RCW 42.30.080,that is: (a)As to any member who, at or prior to the time the meeting convenes, files with the City Clerk a written waiver of notice, (b) As to any member who was actually present at the meeting at the time it convenes, and(c) In the event a special meeting is called to deal with an emergency involving injury or damage to persons or property or the likelihood of such injury or damage, when time requirements of such notice would make notice impractical and increase the likelihood of such injury or damage; or as otherwise provided by law. Agendas shall be drafted in a form submitted by the City Clerk, approved by the City Manager, and distributed in a manner similar to agendas for formal and study session meetings. The processes and rules for agenda content apply to regular formal, study session format,as well as special meetings. Page 11 of 46 DRAFT for 2012 council meeting Voting: 1. Action Items on the Agenda. Action items may be included on an agenda for a special meeting, and could even be the reason the special meeting is called. It is the practice of Council to allow time for the public to comment on action items and the "public comment" should be so noted on the agenda. As with other types of meetings, Council adheres to the Open Public Meetings Act, so therefore it would be permissible for Council to take final action during these meetings. Action items could be added during the meeting and the agenda amended accordingly, but the preferred method is to refrain from adding action items at the last minute to any agenda, since that would not give the public, staff, and press adequate time to realize public comment would be permitted. 2. Non-action Items on the Agenda. Special meetings are generally more in the form of a workshop or retreat, and are usually understood by the public and media as times when no action will be taken. Therefore,it could be misleading to the public as to the purpose of the meeting if a motion is made unexpectedly. As it is Council's practice to invite public comment after most motions, it would be inappropriate to make a"surprise"motion unless there is a rare special circumstance. Voting or making a motion when neither is included on an agenda does not violate state law, but for consistency sake and to avoid any surprises to the public and media,the practice is discouraged. 3. Pre-Agenda Meetings: The City Manager, City Clerk, Mayor and Deputy Mayor generally meet at a fixed weekly time to go over the Council agenda of the upcoming meeting, which gives all involved an opportunity to ask questions and gather any additional materials or research needed for the impending meeting. This meeting also serves as an opportune time to discuss the Advance Agenda, which is a planning document to aid in scheduling items on future council agendas. C. Meeting Rules and Procedures 1. Council Rules of Order The City Clerk shall serve as the official parliamentarian for all Council meetings,and will keep a copy of the most current"Robert's Rules of Order"(RONR) in Council Chambers during Council meetings. 2. Quorum At all regular and special meetings of the Council, a majority of the Councilmembers who hold office shall constitute a quorum for the transaction of business. A lesser number may adjourn from time to time, provided that written notice of said adjournment be posted on the exterior Council Chamber doors per RCW 42.30.090. Council meetings adjourned under the previous provision shall be considered regular meetings for all purposes. (RCW 35A.13.170,35A.12.120) 3. Attendance,Excused Absences RCW 35A.12.060 provides that a Councilmember shall forfeit his/her office by failing to attend three consecutive regular meetings of the Council without being excused by the Council. Members of the Council may be so excused by complying with this section. The member shall contact the Mayor, City Clerk,or City Manager prior to the meeting and state the reason for his/her inability to attend the meeting. Following roll call,the Presiding Officer shall inform the Council of the member's absence, and inquire if there is a motion to excuse the member. This motion shall be nondebatable.Upon passage of such motion by a majority of members present,the absent member shall be considered excused and the City Clerk will make an appropriate notation in the minutes. Page 12 of 46 DRAFT for 2012 council meeting 4. Respect and Decorum It is the duty of the Mayor and each Councilmember to maintain dignity and respect for their offices,City staff and the public. While the Council is in session, Councilmembers shall preserve order and decorum and a Councilmember shall neither by conversation or otherwise,delay or interrupt the proceedings of the Council, nor disrupt or disparage any Councilmember while speaking. Councilmembers and the public shall comply with the directives of the Presiding Officer. Any person making disruptive, disparaging or impertinent remarks or unreasonably disturbing the business of the Council, either while addressing the Council or attending its proceedings, shall be asked to cease such disruption,or may be asked to leave, or be removed from the meeting. At any time during any Council meeting, any Councilmember may object to personal affront or other inappropriate comments, by calling for a "point of order." After the Councilmember is recognized by the Presiding Officer and the Councilmember explains their point concerning respect and decorum, or lack thereof, the Presiding Officer shall rule on the remark and may ask the person making the disturbance to cease or leave the room. Continued disruptions may result in a recess or adjournment as set forth in#6 below. 5. Seating Arrangement Councilmembers shall occupy the respective seats in the Council Chamber assigned to them by the Mayor. 6. Dissents and Protests Any Councilmember shall have the right to express dissent from or protest orally or in writing, against any motion,ordinance or resolution of the Council and have the reason therefore entered or retained in the minutes. 7. Councilmember Meeting Participation by Telephone/Video Conference Telephone/video conference participation by Councilmembers may be allowed provided that a quorum of councilmembers will be physically present for the council meeting in question, and provided technical availability and compatibility of electronic equipment enables the conferencing Councilmember(s)to hear the proceedings,be heard by those present,and participate in Council discussion. (a) Requests to use telephone/video conference participation shall be approved by the Council- This shall be done by motion at the beginning of the meeting for each request made to participate through the use of telephone/video conferencing. Such participating Councilmember(s) should be present and counted. In such case, adequate equipment must allow the telephone/video conference participant to engage in Council discussion and be heard. Telephone/computer system charges are to be at the Councilmember's own expense, unless waived in the Council metier. So as not to disrupt the council meeting, aAdequate notice must be given to allow hookup in time for the be.innin. of the meetin. -- ••.•- (b) NeT-telephone/video conference participation for voting purposes shall be allowed for public hearings or any quasi-judicial proceedings, and the requesting councilmember(s) shall declare that (s)he has reviewed the associated material (if any) provided for those hearings and /or proceedings prior to the time the vote will be taken by council. . Video conferencing may be permitted upon a majority vote of the Council present at the meeting site for such proceedings provided that all documents and exhibits arc clearly visible and legible to all participants, and provided that a video and audio record of the video conference is made and provided to the City Clerk. The cost of such videoconferencing and record thereof shall be paid by the Councilmember requesting videoconferencing,unless waived by vote of the City Council. 8. Adjournment Due to Emergency or Disruption In the event of an emergency such as a fire or other natural or catastrophic disaster, threatened violence, or inability to regain good order, the Presiding Officer shall forthwith declare a recess, adjourn, or Page 13 of 46 DRAFT for 2012 council meeting continue the meeting, and the City Council as well as everyone in the room shall immediately leave the meeting room. The Presiding Officer may reconvene the meeting when it has been determined by the appropriate safety officials that it is safe to do so. 9. Permission Required to Address the Council Persons other than Councilmembers and staff shall be permitted to address the Council upon recognition and/or introduction by the Presiding Officer or City Manager. 10. Approaching the Dais Once a Council meeting has been called to order, stepping between the podium and the dais will not be allowed, and stepping behind any part of the dais, including those parts occupied by staff is also not permitted. This includes, but is not limited to, video recording, still photography, tape recording, and distributing written handouts. Council reserves the right to invite anyone forward to the podium to be addressed by Council. 11. Out of Order Requests Occasionally a member of the public may wish to speak on an agenda item but cannot remain until the item is reached on the agenda. During "Open Comments From the Public," such person may request permission to speak by explaining the circumstances. The Presiding Officer in his/her sole discretion shall rule on allowing or disallowing the out of order request. 12. Photographs, Motion Pictures or Video Tape Requiring Artificial Illumination — Prior Permission Required No overhead projection, photographs, motion pictures, or video tapes that require the use of floodlights, or similar artificial illumination shall be used by the public at City Council meetings without the prior consent of the Presiding Officer or the City Manager. 13. Voting The votes during all meetings of the Council shall be transacted as follows: a. Unless otherwise provided by statute, ordinance, or resolution, all votes shall be taken by voice. At the request of any Councilmember, a roll call vote shall be taken by the City Clerk. The order of the roll call vote shall be determined by the City Clerk. b. In case of a tie vote on any proposal,the motion shall be considered lost. c. Every member who was present when the question was put, shall give his/her vote,unless the Council, for special reasons, shall excuse the member by motion. If any Councilmember refuses to vote "aye" or "nay," their vote shall be counted as a "nay" vote unless the Councilmember is abstaining due to actual or perceived appearance of a conflict of interest, which shall be so stated prior to the vote at hand. d. The passage of any ordinance, grant, or revocation of franchise or license, any resolution for the payment of money, any approval of warrants, and any resolution for the removal of the City Manager shall require the affirmative vote of at least a majority of the whole membership of the Council. e. The passage of any public emergency ordinance (an ordinance that takes effect immediately), expenditures for any calamity, violence of nature, riot, insurrection, or war (except for the statutory powers of the Mayor in accordance with RCW 35A.13.030); and provisions for a lesser emergency, such as a budget amendment, shall require the affirmative vote of at least a majority plus one of the whole membership of the Council. (RCW 35A.13.190(f)). The passage of any motion or resolution not subject to the provisions of Washington law, the Spokane Valley Municipal Code, or a Resolution as amended requiring a "super majority" for approval, shall require the affirmative vote of at least a majority of the membership of the Council who are present and eligible to vote. Page 14 of 46 DRAFT for 2012 council meeting 14. Motions and Discussion a. Order of Procedure: 1.Member of council makes a motion by stating: "I move . . ." The motion is seconded. Staff makes their presentation. Mayor asks Council if there are any questions for staff. Once all questions have been addressed,the staff member steps away from the podium to allow for the public comment opportunity. 2. The Mayor invites public comments. Public comments should be limited to one comment per person per topic and limited to three minutes. Mayor reminds the public this is time for comments and not discussion; and if the public has questions,those questions will be addressed by staff at another time outside the meeting. 3.Mayor opens the floor to Council for discussion. The maker of the motion normally begins the discussion. The discussion must have bearing on whether the pending motion should be adopted (RONR§43);and can be prefaced by a few words of explanation,but must not become a speech (RONR§4).All council remarks should be addressed through the Mayor. 4. When discussion has ended, the Mayor re-states the motion or asks the Clerk to re-state the motion. Once the motion is re-stated, the Mayor calls for the vote, which is normally taken by voice.The Mayor or the Clerk then states whether the motion passed or failed. b. In General: 1. Except in rare circumstances, Council motions shall be in the form of an affirmative motion. Affirmative motions are preferred to prevent"approval by default"of a failed negative motion. 2. Agenda items scheduled for Council action shall require a motion by a Councilmember before discussion unless the Council suspends the requirement by majority vote. Upon failure of either a prior motion or rule suspension, the agenda item shall be passed over and may not be reintroduced until the next regular meeting. 3. Councilmembers should direct questions to the City Manager or the designated presenter. 4. Main motions are made when no other motion is pending (see chart below). They are debatable and subject to amendment. Since seconding a motion means "let's discuss it," if there is no second but discussion ensues, the matter of having a second to proceed is moot and the motion can proceed. However, if there is no second and no discussion, the motion does not progress. Note that the motion does not "die for a lack of a second" but it merely does not progress. 5. The maker of a motion can withdraw their motion without the consent of the seconder, and if the mover modifies the motion, the seconder can withdraw the second. The person making the motion is entitled to speak first to the motion. A maker of the motion can vote against the motion but cannot speak against their own motion. 6. No one should be permitted to speak twice to the same issue until everyone else wishing to speak has spoken. All remarks must be directed to the Presiding Officer and must be courteous in language and deportment (Robert's Rules of Order Newly Revised, Article VII, Section 43, Decorum in Debate), keeping in mind it is not the Councilmember, but the measure that is the subject of debate. 7.When an amended motion is on the floor,the vote is taken on whether to adopt the amendment. If adopted,the next vote is on the fully amended motion. 8. Motions should be reserved for items marked on the agenda for action, so as to avoid any surprises for Council,staff and the public. Page 15 of 46 DRAFT for 2012 council meeting Parliamentary Procedure at a Glance Roberts Can be Rules of IF YOU INTERRUPT NEED Debated Can be Order§ WANT TO YOU SAY ? 2ND? ? Amended? VOTE 11 Postpone I move to postpone. indefinitely(the . . .(an affirmative purpose is to vote can be prevent action reconsidered;a or kill an issue.) negative vote cannot.)indefinitely No Yes Yes No Majority 12 Modify wording I move to amend the of motion motion by. .. No Yes Yes Yes** Majority 14 Postpone to a Ex: I move to certain time postpone the motion to the next council meeting. No Yes Yes Yes Majority 16 Close debate I move the previous question,or I call for the question No Yes No No Majority* 17 To Table a I move to lay on the motion table,the motion to No Yes No No Majority 19 Complain about Point of Privilege noise,room temperatures, Chair etc Yes Yes Yes Yes decision 20 Take break I move to recess for. No Yes No Yes Majority 21 Adjourn I move to adjourn meeting No Yes No No Majority 23 Object to Point of Order procedure or Chair personal affront Yes No No No decision 25 Suspend rules I move to suspend the rules and. . . No Yes No No Majority* 34 Take matter I move to take from from table the table the motion No to.. . No Yes No Majority 35 Reconsider I move we reconsider something action on.. . already disposed of No Yes Yes Yes Majority It should be noted that the purpose of tabling a motion is not to simply postpone an issue or a vote. If the intended purpose is to postpone,then the motion to postpone should be used. If more information is needed or desired in order to make the most informed vote possible,then an option would be for the maker of the motion to simply withdraw the motion.The consent of the seconder is not needed to withdraw a motion. While a motion is still on the table,no other motion on the same subject is in order. The motion to table enables the assembly to lay the pending question aside temporarily when something else of immediate urgency has arisen. The motion to "Lay on the Table" is out of order if the evident intent is to kill or avoid dealing with a measure. (Robert's Rules of Order Newly Revised,1061 Edition) *(Robert's Rules of Order Newly Revised states 2/3 vote required.Council direction is to base vote on majority except on matters where 2/3(or majority plus one)is required by state statute. **If the main motion to amend can be amended. Page 16 of 46 DRAFT for 2012 council meeting 15. Ordinances Except for unusual circumstances or emergencies, ordinances and resolutions will customarily be prepared, introduced and proceed in accordance with the "Three Touch Principle." Prior to final passage of all ordinances or resolutions, such documents shall be designated as drafts. a. A Councilmember may, in open session, request of the Presiding Officer that the Council consider enacting an ordinance for a specific purpose. The Presiding Officer then may assign the proposed ordinance to the administration, a committee, or the Council for consideration. The committee or administration shall report its findings to the Council. The City Manager may propose the drafting of ordinances (RCW 35A.13). Citizens, Boards and Commissions may also propose consideration of ordinances and resolutions. b. Sponsorship. When a Councilmember wishes to assume sponsorship of an ordinance or resolution,once on the agenda,he or she should so announce,make the initial motion and provide an introduction of the measure. c. Ordinances shall normally have two separate readings at separate Council meetings. Unless waived by the City Council at each reading, the title of an ordinance shall be read by the City Clerk prior to its passage. However, if a Councilmember requests that the entire ordinance or certain sections be read, such request shall be granted. Printed copies shall be available upon request to any person attending a Council meeting. d. The provision requiring two separate readings of an ordinance may be waived at any meeting of the Council by a majority vote of all members present. e. If a motion to pass an ordinance to a second reading fails, the ordinance shall be considered lost,unless a subsequent motion directs its revision and resubmission to first reading. f. Any ordinance repealing any portion of the Spokane Valley Municipal Code shall also repeal the respective portions of the underlying ordinance(s). Ordinances repealing earlier ordinances shall not apply to acts,incidents,transactions or decisions occurring before such repeal. 16. Resolutions A resolution may be approved on the same day it is introduced. While it is not necessary to have the title of a resolution read aloud, Council may invoke the two reading procedures described above to facilitate public understanding and/or comment on the resolution. If Council invokes the two reading procedures,a Councilmember may request that the entire resolution or certain sections be read, and such request shall be granted and the City Clerk shall read as requested. Printed copies shall be made available upon request to any person attending a Council meeting. 17. Reconsideration Any action of the Council,including final action on applications for legislative changes in land use status, shall be subject to a motion to reconsider except: 1. any action previously reconsidered; 2. motions to adjourn or motions to suspend the rules; 3. an affirmative vote to lay an item on,or take an item from,the table; 4. a previously passed motion to suspend the rules; or 5. a vote electing to office one who is present and does not decline. Such motion for reconsideration: 1. must be reconsidered during the same Council meeting; 2. must be called up when no business is pending(no action is pending); 3. if action is pending,the Mayor asks the Clerk to note that the motion to reconsider has been made and is to be taken up when a member calls the motion to reconsider the vote when no other business(action)is pending; 4. must be made by a member who voted on the prevailing side on the original motion; 5. a member who makes this motion should state that he or she voted on the prevailing side; 6. needs a second,and can be seconded by any member; 7. is debatable if the type of motion it reconsiders is debatable; Page 17 of 46 DRAFT for 2012 council meeting 8. is not amendable and requires a majority vote to adopt. If the motion for reconsideration is adopted,the original motion is placed before Council as if that motion had not been voted on previously; and Council again takes that motion under discussion, followed by a new vote. Any motion for reconsideration of a matter which was the subject of a required public hearing or which is a quasi-judicial matter, may not be discussed or acted upon unless and until the parties or their attorneys and the persons testifying have been given at least five days advance notice of such discussion and/or action. 18. Council Materials a. Council Material Councilmembers and staff should read the agenda material and ask clarifying questions of the City Manager or other appropriate staff prior to the Council meeting when possible. Council recognizes there are times when Councilmembers may wish to bring additional documentation to a meeting on a specific subject,whether that subject is on the agenda or not,in order to share with Council and staff. When possible, the materials should be distributed to Councilmembers and staff prior to the Council meeting, or if distributed during a meeting, Councilmembers should indicate the materials are for future reading, since except in an emergency, Councilmembers would normally not take time at the dais to read material just received. Pre-scheduled materials council wishes to share as part of the council packet, could also be included on study session agendas under"Council Comments." [See also page 9] b. Council Packets Councilmembers shall personally pick up their agenda packets from their individual inboxes provided at each Councilmember's desk, unless otherwise arranged by the Councilmember or further directed by Council. Councilmembers have the option of accessing their Council packet via the City's website. Unless notified otherwise,the City Clerk will prepare a hard copy agenda packet for individual Councilmembers. c.Packet Materials Request for Council Action form (RCA): This is a cover sheet used by staff to introduce an agenda item. It includes the agenda item title, citing of governing legislation associated with the topic, previous council action taken, and background on the topic. Options for council consideration are also included, as well as a staff recommended action or motion. The options and recommended action or motion should be viewed as aids to Council in making a motion or taking action, but should not be thought of as obligatory, as Council always has the option of making a motion different from what is included on the form. Generally, by the time an item is ready for a motion, Council has already read,heard, and/or discussed the item at least three times (as an informational item, an administrative report, and lastly as an action item), and the wording of a motion would not normally be controversial, although it is important to state the motion as a motion, such as"I move to"or"I move that"or other similar language. 19. "Three Touch Principle" Decision makers and citizens at all levels of the City should have adequate time to thoroughly consider the issues prior to final decisions. It is the intent of the Council that the Council and administration shall abide by the "Three Touch Principle" whenever possible. These procedural guidelines are designed to avoid"surprises"to the City Council,citizens and administrative personnel. Any request or proposal for adopting or changing public policy, ordinances, resolutions or City Council directives which will require a decision of the City Council, or administration, should "touch" the Page 18 of 46 DRAFT for 2012 council meeting decision makers three separate times. This includes oral or written reports, "information only" agenda items, or any combination thereof. To facilitate the Council's strategic use of legislative time at its meeting, staff may satisfy the first touch by issuing an informational memorandum, unless the subject matter is complex in nature. Quasi-judicial matters and any subject discussed in executive sessions are excluded from application of the "Three Touch Principle." It is recognized that unexpected circumstances may arise wherein observance of the "Three Touch Principle" is impractical. However, when unusual circumstances arise which justify a "first discussion" decision, the persons requesting the expedited decision should also explain the timing circumstances. This principle excludes staff reports and other general communications not requiring a Council decision. Page 19 of 46 DRAFT for 2012 council meeting CHAPTER 2 Legislative Process 4 . • :.. I._ II i• ..- :La. 13 I. r 11114 001 4.4 .. 4.1 , . v. A,,,, lirldriklIH;.(_.„, t t.• ykoisicil 1... ) . n 1 . fi 5 �{ 4. .•r •,11 )r . 'dilbr li 1:WP,,,,, .. . .• 1 r v 'tip" ''1L . ,, 4� 1E- _. C Page 20 of 46 DRAFT for 2012 council meeting A. Election of Officers Procedures for electing officers are as follows: 1. Biennially, at the first meeting of the new Council, the members thereof shall choose a Presiding Officer from their number who shall have the title of Mayor. In addition to the powers conferred upon him/her as Mayor, he/she shall continue to have all the rights, privileges and immunities of a member of the Council. If a permanent vacancy occurs in the office of Mayor, the members of the Council at their next regular meeting shall select a Mayor from their number for the unexpired term. Following the election of the Mayor, there shall be an election for a Deputy Mayor. The term of the Deputy Mayor shall run concurrently with that of the Mayor. (RCW 35A.13.030) 2. The election for Mayor shall be conducted by the City Clerk. The City Clerk shall call for nominations. Each member of the City Council shall be permitted to nominate one person, and a nomination shall not require a second. A nominee who wishes to decline the nomination shall so state at that time. Nominations are then closed. The election for Deputy Mayor shall be conducted by the Mayor, and nominations shall be made in the manner previously described for the election of the Mayor. 3. Except when there is only one nominee, election shall be by written ballot. Each ballot shall contain the name of the Councilmember who cast it. The City Clerk shall publicly announce the results of the election. Thereafter, the City Clerk shall record the individual Councilmember's votes in the minutes of the meeting. 4. In the event the Council is unable to agree on a Mayor by majority vote of members present, the office of Mayor shall be temporarily filled by an Acting Mayor. Ties shall be resolved in a contest by chance. The office of Acting Mayor shall be filled by the Councilmember who just previously served as Deputy Mayor, or if such person prefers not to serve as Mayor,the Councilmember with the next highest seniority. The Acting Mayor and Acting Deputy Mayor shall continue in office and exercise such authority as is described in RCW 35A.13 until the members of the Council agree on a Mayor, at which time the role of Acting Mayor and Acting Deputy Mayor shall cease and terminate. B. Filling Council Vacancies If a vacancy occurs on the City Council, the Council will follow the procedures outlined in RCW 35A.13.020 and Council's adopted procedure in compliance with RCW 35A.13.020. In order to fill the vacancy with the most qualified person available until an election is held,a notice will be published of the vacancy and the procedure for applying. An application will be drafted which contains relevant information to answer set questions posed by the Council, which can be used in conjunction with candidate interviews. Staff will draft an additional set of questions, based on Council's preference,to be used in the actual interview of candidates. C. Legislative Agenda Councilmembers work each year to craft a"legislative agenda"to address Council ideas, suggestions and specific legislative programs in terms of upcoming or pending legislative activity in Olympia that would or could have an effect on our City. Additionally, Councilmembers have the option of creating a similar legislative agenda to address concerns on a national level, which can be addressed during Council's participation in the annual National League of Cities Conferences held in Washington,D.C. D. Council Travel Provisions Council is allocated a budget to handle certain City business-related travel expenses. The total allocation of travel funding budgeted for the legislative branch for the fiscal year will be apportioned one-seventh (1/7) to each Councilmember. These monies may be used to defray expenses for transportation, lodging, meals and incidental expenses incurred in the conduct of City business. Periodic updated statements of expenditures will be provided to each Councilmember by the Finance Department. Should a Page 21 of 46 DRAFT for 2012 council meeting Councilmember exhaust their apportionment of funds,that person will be responsible for payment of any travel and related expenses, or they may request a voluntary allocation from another Councilmember who has a balance in their travel apportionment. During the last six months of a Councilmember's current term of office, incurring City business-related travel expenditures requires the prior authorization of the Finance Committee, except when such travel fulfills the obligations of the Councilmember's service on statewide or regional boards, commissions or task forces. Page 22 of 46 DRAFT for 2012 council meeting CHAPTER 3 Council Contacts mmr Contact ) 1 tP i ,0 I I I I 04''''' Alla, i . ,„,,,,A,,,, _. ,,,.. . metivik. 4 *VW PIL°.,e- , "":_;e.4'.,=1.' AV... 4 F N- .4 i •Wf A k ' Page 23 of 46 DRAFT for 2012 council meeting A. Citizen Contact/Interactions Outside of a Council Meeting 1. Mayor/Council Correspondence Councilmembers acknowledge that in the Council/Manager form of government,the Mayor is recognized by community members as a point of contact. To facilitate full communications, staff will work with the Mayor to circulate to Councilmembers, copies of emails and written correspondence directed to the Mayor regarding City business. This provision will not apply to invitations for mayoral comments at various functions, nor requests for appointments or other incidental contact between citizens and the office of the Mayor. 2. Concerns, Complaints and Suggestions to Council When citizen concerns, complaints or suggestions are brought to any, some, or all Councilmembers, the Mayor shall, in consultation with the City Manager, first determine whether the issue is legislative or administrative in nature and then: a. If legislative, and a concern or complaint is about the language or intent of legislative acts or suggestions for changes to such acts, and if such complaint suggests a change to an ordinance or resolution of the City, the Mayor and City Manager may refer the matter to a future Council agenda for Council's recommendation in forwarding the matter to a committee,administration, or to the Council for study and recommendation. b. If administrative, and a concern or complaint regards administrative staff performance, execution of legislative policy or administrative policy within the authority of the City Manager, the Mayor should then refer the complaint directly to the City Manager for review, if said complaint has not been so reviewed. The City Council may direct that the City Manager brief the Council when the City Manager's response is made. 3. Administrative Complaints Made Directly to Individual Councilmembers When administrative policy or administrative performance complaints are made directly to individual Councilmembers, the Councilmember shall then refer the matter directly to the City Manager for review and/or action. The individual Councilmember may request to be informed of the action or response made to the complaint. However, the City Manager shall not be required to divulge information he/she deems confidential,in conformity with applicable statutes,ordinances,regulations,policies or practices. Although citizens' direct access to elected officials is to be encouraged to help develop public policy,City Councilmembers should not develop a "personal intervention" pattern in minor calls for service or administrative appeals which may actually delay a timely customer service response. The best policy is to get the citizen into direct contact with customer service unless an unsatisfactory result has occurred in the past. In that case refer to the paragraph above. 4. Social Media Councilmembers shall not use social media as a mechanism for conducting official City business, although it is permissible to use social media to informally communicate with the public. Examples of what may not be communicated through the use of social media include making policy decisions, official public noticing, and discussing items of legal or fiscal significance that have not been released to the public. As with telephone and e-mails, communication between and among Councilmembers via social media could constitute a "meeting" under the Open Public Meetings Act, and for this reason, Councilmembers are strongly discouraged from"friending"other Councilmembers. Page 24 of 46 DRAFT for 2012 council meeting B. Staff Contacts and Interactions 1. Role of the City Manager The City Manager is the chief administrative officer of the City of Spokane Valley. The City Manager is directly accountable to the City Council for the execution of the City Council's policy directives, and for the administration and management of all City departments. The powers and duties of the City Manager are defined by Washington law RCW 35A.13.080. Such duties may be expanded by Ordinance or Resolution. Balanced with the City Manager's accountability to the City Council for policy implementation is the need for the Council to allow the City Manager to perform legally-defined duties and responsibilities without interference by the City Council in the day-to-day management decisions of the City Manager. 2. City Staff Attendance at Meetings The City Manager or his/her designee, shall attend all meetings of the City Council,unless excused by the Presiding Officer or Council. The City Manager shall be responsible to the Council for the proper administration of all affairs of the City. The City Manager shall recommend for adoption by the Council such measures as he/she may deem necessary or expedient; prepare and submit to the Council such reports as may be required by the body or as the City Manager deems advisable to submit; keep the Council fully advised as to the business of the City; and shall take part in the Council's discussion on all matters concerning the welfare of the City. (RCW 35A.13.080) It is Council's intent that the City Manager schedule adequate administrative support during Council meetings for the business at hand,keeping in mind that the City Manager must also protect the productive capability of department heads and of all staff. Required attendance at meetings by City staff shall be at the pleasure of the City Manager. 3. City Clerk-Minutes The City Clerk, or in the Clerk's absence the Deputy City Clerk, shall keep minutes as required by law, and shall perform such other duties in the meeting as may be required by the Council, Presiding Officer, or City Manager. In the absence of the City Clerk and the Deputy City Clerk,the City Clerk shall appoint a replacement to act as Clerk during the Council meeting. The Clerk shall keep minutes which identifies the general discussion of the issue and complete detail of the official action or agreement reached, if any. When practical, and with the exception of executive sessions, the City Clerk shall audio and/or video record the proceedings of all City Council meetings. Access to the recordings shall be made reasonably available to any party who so requests,according to City public disclosure procedures. Original, signed and approved minutes shall be kept on file in the City Clerk's office and archived according to State Record Retention Schedules. Copies of the approved minutes shall also be posted on the City's website as soon as practical after such minutes are approved and signed. When and if practical, video recordings of Council meetings shall also be housed on the City's website. 4. Administrative Interference by Councilmembers Neither the Council nor any of its committees or members shall direct or request the appointment of any person to, or his/her removal from,any office by the City Manager or any of his/her subordinates. Except for the purpose of inquiry, the Council and its members shall deal with the administrative branch solely through the City Manager and neither the Council nor any committee or member thereof shall give any directives,tasks, or orders to any subordinate of the City Manager, either publicly or privately; provided, however, that nothing herein shall be construed to prohibit the Council, while in open session, from fully and freely discussing with the City Manager anything pertaining to appointments and removals of City officers and employees and City affairs. (RCW 35A.13.120.) Page 25 of 46 DRAFT for 2012 council meeting 5. Informal Communications Encouraged The above RCW requirement is not to be construed as to prevent informal communications with City staff that do not involve orders, direction, or are meant to influence actions or administrative policy. Members of the Council are encouraged to interact informally and casually with City staff for the purpose of gathering information, obtaining explanations of policies and programs or providing incidental information to staff relevant to their assignment. Such informal contacts can serve to promote better understanding of specific City functions and problems. However, Councilmembers must be careful in such interaction to avoid giving direction or advice to members of City staff. While maintaining open lines of communication, City staff responding to information requests from Councilmembers will inform their supervisor of such contact and provide the supervisor with the same information shared with the Councilmember. Page 26 of 46 DRAFT for 2012 council meeting CHAPTER 4 HEARINGS • . 411111411111111 { f • ti M 5 elL ■ Page 27 of 46 DRAFT for 2012 council meeting A. General Public Hearings 1. Purpose Legislative public hearing are hearings held to obtain public input on legislative decisions on matters of policy. Legislative public hearings are required by state law when a city or county addresses matters such as comprehensive land use plans, or the annual budget. They are generally less formal than quasi-judicial public hearings. They do not involve the legal rights of specific,private parties in a contested setting,but rather affect a wider range of citizens or perhaps the entire jurisdiction. The wisdom of legislative decisions reached as a result of such hearings is not second-guessed by the courts; if challenged, they are reviewed only to determine if they are constitutional or violate state law. For example, a court will not review whether the basic budgetary decisions made by a city were correctly made. 2. Legislative Public Hearings a. State statutes do not specify how public hearings should be conducted. Because legislative hearings are generally informal, the main concern is to provide an opportunity for all attending members of the public to speak if they so desire. Time limits should be placed on individual comments if many people are intending to speak, and the public should be advised that comments must relate to the matter at hand. The "ground rules" for the conduct of the hearing may be stated by the presiding official at the beginning of the hearing: 1. All public comments shall be made from the speaker's podium, shall be directed to the Mayor and Council,and any individual making comments shall first give their name and address. This is required because an official recorded transcript of the public hearing is being made. 2. No comments shall be made from any other location, and anyone making "out of order" comments shall be subject to removal from the meeting. 3. Unless otherwise determined by the Presiding Officer, all comments by the public shall be limited to three minutes per speaker. 4. There will be no demonstrations,applause or other audience participation,before,during or at the conclusion of anyone's presentation. Such expressions are disruptive and take time away from the speakers. 5. Unless read and/or handed in by the individual speaker during the public hearing, previously received written public comments will be read by the City Clerk at the pleasure of the Mayor. In the interest of time, the Mayor may limit the reading of such comments, to the Clerk reading whom the letter or written material is from, and if easily discernible,whether that person is for or against the issue at hand. All written comments become an official part of the record. 6. These rules are intended to promote an orderly system of holding a public hearing, to give persons an opportunity to be heard, and to ensure that individuals are not embarrassed by exercising their right of free speech. b. The Presiding officer declares the public hearing on (topic) open,notes the time for such opening,and asks staff to make their presentation. c. After staff presentations,the Presiding Officer calls for public comments. d. The Presiding Officer asks if any members of Council have questions of any of the speakers or staff. If any Councilmember has questions,the appropriate individual will be recalled to the podium. e. The Presiding Officer declares the public hearing closed and notes the time for such closing. Page 28 of 46 DRAFT for 2012 council meeting B. Quasi-Judicial Hearings 1. Purpose Quasi-judicial public hearings involve the legal rights of specific parties, and the decisions made as a result of such hearings must be based upon and supported by the "record" developed at the hearing. Quasi-judicial hearings are subject to stricter procedural requirements than legislative hearings. Most quasi-judicial hearings held by local government bodies involve land use matters, including site specific rezones, preliminary plats, variances, and conditional uses. (MRSC Public Hearings When and How to Hold Them by Bob Meinig,MRSC Legal Consultant August 1998) 2. Specific Statutory Provisions a. Candidates for the City Council may express their opinions about pending or proposed quasi-judicial actions while campaigning, per RCW 42.36.040, except that sitting Councilmembers shall not express their opinions on any such matter which is or may come before the Council. b. Ex parte communications should be avoided whenever possible. During the pendency of any quasi-judicial proceeding, no Councilmember may engage in ex parte communications with proponents or opponents about a proposal involved in the pending proceeding unless the Councilmember: (1)places on the record the substance of such oral or written communications; and (2) provides that a public announcement of the content of the communication and of the parties' rights to rebut the substance of the communication shall be made at each hearing where action is taken or considered on the subject. This does not prohibit correspondence between a citizen and his or her elected official if the correspondence is made a part of the record, when it pertains to the subject matter of a quasi-judicial proceeding. (RCW 42.36.060) c. Public Disclosure File. The City Clerk shall maintain a public disclosure file,which shall be available for inspection by the public. As to elected officials, the file shall contain copies of all disclosure forms filed with the Washington State Public Disclosure Commission. d. Procedure On Application. Any person making application for any action leading to a quasi-judicial hearing before the Planning Commission and/or City Council shall be provided with a document containing the following information: (1)the names and address of all members of the City Council, and the Planning Commission, (2) a statement that public disclosure information is available for public inspection regarding all such Councilmembers, and (3) a statement that if the applicant intends to raise any appearance of fairness issue,the applicant should do so at least two weeks prior to any public hearing, if the grounds for such issue are then known and in all cases, no later than before the opening of the public hearing. The applicant shall sign a receipt for such document. 3. Actions/Procedures for a Quasi-Judicial Public Hearing See the following excerpt from the Spokane Valley Municipal Code Appendix C for City Council Appeal Hearing Procedures: Appendix C CITY COUNCIL APPEAL HEARING PROCEDURES A. The Council shall not consider any new facts or evidence outside the verbatim transcript and certified record submitted by the Hearing Examiner,except for: 1. Grounds for disqualification of the Hearing Examiner, when such grounds were unknown by the appellant at the time the record was created;or 2.Matters that were improperly excluded from the record after being offered by a party to the hearing before the Hearing Examiner; or 3.Matters that were outside the jurisdiction of the Hearing Examiner. Page 29 of 46 DRAFT for 2012 council meeting The Council shall allow the record to be supplemented if the offering party demonstrates grounds for supplementation as set forth in subsections(A)(1),(2)or(3)of this appendix. a. Any party requesting that the record be supplemented shall submit such request,along with the specific evidence to be offered to the Council, within 14 calendar days of the date the appeal hearing was scheduled. b. The Council may require or permit the correction of ministerial errors or inadvertent omissions in the preparation of the record. c. The Council will allow the submittal of memoranda by the appellant, or a party of record in opposition to the appeal, subject to the following requirements: i. The appellant may file a memorandum in support of the appeal. The memorandum must be filed no later than 12:00 noon on the third Friday preceding the date set by the Council for consideration of the appeal. ii. Any party of record in opposition to the appeal may submit a reply memorandum in opposition to the appeal. Any reply memorandum must be filed no later than 12:00 noon on the second Friday preceding the date set for consideration of the appeal. iii. All memoranda shall be limited to stating why the record or applicable laws or regulations do or do not support the decision, and shall not contain any new facts or evidence, or discuss matters outside the record,except as permitted above. iv. The offering party shall promptly submit a copy of the memorandum or request to supplement the record to the City Attorney,and to opposing parties as practicable. B. The Council will allow oral argument by the appellant, or a party of record in opposition to the appeal, subject to the following requirements: 1. It is expected that all parties can reasonably be aligned as either in support of the appeal or opposed to the appeal. Accordingly,all parties who desire to make oral argument shall communicate with other parties aligned on the same side of the appeal and attempt to reach agreement in selecting a representative, or otherwise arrange for the allocation of time allowed under these rules to those in support of or those opposed to the appeal. 2. Oral argument shall be presented first by the appellant, followed by those parties of record in opposition to the appeal,and then rebuttal and surrebuttal. 3. Oral argument shall be limited to stating why the record or applicable laws or regulations do not support the decision, and shall not contain any new facts or evidence unless allowed by subsection A of this appendix. 4. Oral argument shall be limited to 20 minutes total for the appellant, and 20 minutes total for those parties in opposition to the appeal,regardless of how many parties make up each side. 5. The respective times allowed for oral argument above include the combined time used by a side for opening argument, rebuttal and surrebuttal. The time taken to respond to questions from the Council is not included in the time allowed for argument. C. The Council may affirm or reverse the Hearing Examiner's decision, or remand it for further proceedings. The Hearing Examiner's decision will be presumed to be correct and supported by the record and law. A tie vote on any motion shall have the effect of affirming the Hearing Examiner's decision. D. The Council may reverse the Hearing Examiner's decision, or remand it for further proceedings, if the appellant has carried the burden of establishing that one or more of the following standards is met: 1. The Hearing Examiner engaged in unlawful procedure or failed to follow a prescribed process, unless the error was harmless; 2. The decision is an erroneous interpretation of the law,after allowing for such deference as is due to construction of law by a local jurisdiction with expertise; 3. The decision is not supported by evidence that is substantial when viewed in light of the entire record; 4. The decision is a clearly erroneous application of the law to the facts; 5. The decision is outside the authority of the Hearing Examiner. Page 30 of 46 DRAFT for 2012 council meeting E. The Council may also remand the decision to the Hearing Examiner if the appellant offers newly discovered evidence that would reasonably have affected the decision had it been admitted in the proceedings before the Hearing Examiner. "Newly discovered evidence"is evidence that with reasonable diligence could not have been discovered and produced at the time the proceedings before the Hearing Examiner were conducted. F. The Council shall adopt written findings and conclusion in support of its decision. If the Council concludes that a finding of fact by the Hearing Examiner, upon which the decision is based, is not supported by substantial evidence, the Council may modify the finding or substitute its own finding, citing substantial evidence in the record that supports the modified or substitute finding. In the event of a tie vote on the proposed findings of fact, that vote shall be considered a final action, the findings shall reflect the same,and the decision of the Hearing Examiner shall be affirmed. G. The Council's decision shall include a notice stating that the decision can be appealed within 21 calendar days from the date the decision was issued,by filing a land use petition with the Superior Court as provided in Chapter 36.70C RCW and meeting the other provisions of such chapter, and that the decision shall act as official notice under RCW 43.21C.075. H. The notice included in the Council's decision shall also state that affected property owners may request the Spokane County Assessor for a change in valuation for property tax purposes notwithstanding any program of revaluation,pursuant to RCW 36.70B.130. I. The City Clerk shall,within five business days from the date of the Council's decision on the appeal, mail a copy of the Council's decision to the appellant, the applicant (if different than the appellant), any other party who testified or submitted a memorandum at the closed record appeal hearing before the Council, any person who requested notice of the decision, and any person who submitted substantive comments on the application. The City Clerk shall also provide notice of the decision to the County Assessor. J. Where the Hearing Examiner's decision recommends approval of the proposal and no appeal has been filed within the time period set forth above, the City Manager or designee shall modify the official zoning map of the City according to the Hearing Examiner's decision. The modification of the zoning map completes the Hearing Examiner's decision and shall be considered the final legislative action of the City Council. Such final action, for zoning purposes, is considered an official control of the City by exercise of its zoning and planning authority pursuant to Washington law. (Ord. 08-022,2008). 4 . Appearance of Fairness Doctrine a. "The test of whether the Appearance of Fairness Doctrine has been violated is ... as follows: Would a disinterested person,having been apprised of the totality of a board member's personal interest in a matter being acted upon, be reasonably justified in thinking that partiality may exist? If answered in the affirmative, such deliberations, and any course of conduct reached thereon, should be voided." Swift vs. Island County, 87 Wn.2d 348 (1976); Smith vs. Skagit County, 75 Wn.2d 715 (1969). b. Types of Hearings to Which the Doctrine Applies. The Appearance of Fairness Doctrine shall apply only to those actions of the Council which are quasi-judicial in nature. Quasi-judicial actions are defined as actions of the City Council which determine the legal rights,duties,or privileges of specific parties in a hearing or other contested proceeding. Quasi-judicial actions do not include the legislative actions adopting, amending, or revising comprehensive, community, or neighborhood plans or other land use planning documents or the adoption of area-wide zoning ordinances or the adoption of a zoning amendment that is of area-wide (versus site-specific) significance (RCW 42.36.010). Street vacations are typically legislative actions, unless clearly tied to, and integrated into, a site-specific development proposal which is quasi-judicial in nature. c.Obligations of Councilmembers-Procedure. 1. Immediate self-disclosure of interests that may appear to constitute a conflict of interest is hereby encouraged. Councilmembers should recognize that the Appearance of Fairness Doctrine does not require establishment of a conflict of interest,but whether there is an appearance of conflict of interest Page 31 of 46 DRAFT for 2012 council meeting to the average person. This may involve the Councilmember or a Councilmember's business associate, or a member of the Councilmember's immediate family. It could involve ex parte (outside the hearing) communications, ownership of property in the vicinity, business dealings with the proponents or opponents before or after the hearing, business dealings of the Councilmember's employer with the proponents or opponents, announced predisposition, and the like. Prior to any quasi-judicial hearing, each Councilmember should give consideration to whether a potential violation of the Appearance of Fairness Doctrine exists. If the answer is in the affirmative, no matter how remote,the Councilmember should disclose such facts to the City Manager who will seek the opinion of the City Attorney as to whether a potential violation of the Appearance of Fairness Doctrine exists. The City Manager shall communicate such opinion to the Councilmember and to the Presiding Officer. 2. Anyone seeking to disqualify a Councilmember from participating in a decision on the basis of a violation of the Appearance of Fairness Doctrine must raise the challenge as soon as the basis for disqualification is made known, or reasonably should have been made known, prior to the issuance of the decision. Upon failure to do so, the doctrine may not be relied upon to invalidate the decision consistent with state law. The party seeking to disqualify the Councilmember shall state with specificity the basis for disqualification; for example: demonstrated bias or prejudice for or against a party to the proceedings, a monetary interest in outcome of the proceedings, prejudgment of the issue prior to hearing the facts on the record, or ex parte contact. Should such challenge be made prior to the hearing, the City Manager shall direct the City Attorney to interview the Councilmember and render an opinion as to the likelihood that an Appearance of Fairness Doctrine violation would be sustained in Superior Court. Should such challenge be made in the course of a quasi-judicial hearing, the Councilmember shall either recuse him/herself or the Presiding Officer shall call a recess to permit the City Attorney to make such interview and render such opinion. 3. The Presiding Officer shall have authority to request a Councilmember to excuse him/herself on the basis of an Appearance of Fairness Doctrine violation. Further, if two or more Councilmembers believe that an Appearance of Fairness Doctrine violation exists, such individuals may move to request a Councilmember to excuse him/herself on the basis of an Appearance of Fairness Doctrine violation. In arriving at this decision, the Presiding Officer or other Councilmembers shall give due regard to the opinion of the City Attorney. d. When Council conducts a hearing to which the Appearance of Fairness Doctrine applies,the Presiding Officer (or in the case of a potential violation by that individual, the Mayor Pro Tem) will ask if any Councilmember knows of any reason which would require such member to excuse themselves pursuant to the Appearance of Fairness Doctrine. The form of the announcement is as follows: All Councilmembers should now give consideration as to whether they have: 1. A demonstrated bias or prejudice for or against any party to the proceedings; 2. A direct or indirect monetary interest in the outcome of the proceedings; 3. A prejudgment of the issue prior to hearing the facts on the record; or 4. Had ex parte contact with any individual, excluding administrative staff, with regard to an issue prior to the hearing. If any Councilmember should answer in the affirmative, then the Councilmembers should state the reason for his/her answer at this time, so that the Chair may inquire of administration as to whether a violation of the Appearance of Fairness Doctrine exists. Page 32 of 46 DRAFT for 2012 council meeting CHAPTER 5 COMMITTEES, BOARDS, COMMISSIONS w IIII $11.Illi 11111 4.1. ig 1111. 7611 at 4 iiik. � Page 33 of 46 DRAFT for 2012 council meeting A. Regional Committees, Boards, etc. 1. Committees Spokane Valley Councilmembers and/or residents who seek representation on any standing committee, board, or commission required by state law, shall be appointed by the Mayor with confirmation by the Council. 2. Council Relations with Boards, Commissions and Council Citizen Advisory Bodies Councilmembers are encouraged to share with all Council members,copies of minutes from any statutory boards, commissions, or committees on which they serve and participate. Communications from such boards, commissions and bodies to the City Council which seek action or feedback, should be acknowledged by the Council, preferably by a letter from the Mayor. Any member of the Council may also bring such communication to the Presiding Officer's attention under the agenda item "Committee, Board and Liaison Reports." If any member of the Council requests that any such communication be officially answered by the Council, the Presiding Officer may place the matter on an agenda under New Business, Information, Council Comments (study session format), or other appropriate place, for a specific Council meeting,or take other appropriate action. Councilmember(s)may be designated by the City Council to take the lead on particular significant issues and to provide appropriate feedback of information to Council, in order to gain corporate approval and coordination of corporate efforts. No Councilmember may speak for the Council unless Council has designated that person as the lead on that particular issue. B. In-House Committees, Boards, etc. 1. Standing committees or commissions required by law shall be appointed by the Mayor for a time certain not to exceed the term provided by law or the term of office of the appointing Mayor and confirmed by Council. Following are established in-house committees: a. Planning Commission -- 7 members. "SVMC 18.10.010 Establishment and purpose. There is created the City of Spokane Valley Planning Commission (hereafter referred to as the "Planning Commission"). The purpose of the Planning Commission is to study and make recommendations to the Mayor and City Council for future planned growth through continued review of the City's Comprehensive Land Use Plan, development regulations, shoreline management, environmental protection, public facilities, capital improvements and other matters as directed by the City Council. (Ord. 07-015 §4,2007). 18.10.020 Membership. A. Qualifications. The membership of the Planning Commission shall consist of individuals who have an interest in planning, land use, transportation, capital infrastructure and building and landscape design as evidenced by training,experience or interest in the City. B. Appointment. Members of the Planning Commission shall be nominated by the Mayor and confirmed by a majority vote of at least four members of the City Council. Planning commissioners shall be selected without respect to political affiliations and shall serve without compensation. The Mayor,when considering appointments, shall attempt to select residents who represent various interests and locations within the City. Page 34 of 46 DRAFT for 2012 council meeting C. Number of Members/Terms. The Planning Commission shall consist of seven members. All members shall reside within the City. Terms shall be for a three-year period, and shall expire on the 31st day of December." b. Lodging Tax Advisory Committee -- 5 members. "SVMC 3.20.040 Lodging tax advisory committee. The City Council shall establish a lodging tax advisory committee consisting of five members. Two members of the committee shall be representatives of businesses required to collect the tax, and at least two members shall be persons involved in activities authorized to be funded by this chapter. The City shall solicit recommendations from organizations representing businesses that collect the tax and organizations that are authorized to receive funds under this chapter. The committee shall be comprised equally of members who represent businesses required to collect the tax and members who are involved in funded activities. One member of the committee shall be from the City Council. Annually, the membership of the committee shall be reviewed. The Mayor shall nominate persons and the Councilmember for the lodging tax advisory committee with Council confirmation of the nominees. Nominations shall state the term of committee membership. Appointments shall be for one-and two-year terms. (Ord. 27 §4,2003)." c. Finance Committee-- 3 members. "SVMC 2.50.120(a) and(b)Establishing travel policies and procedures. a. The responsibility and authority for developing, adopting, modifying and monitoring the travel policies and procedures for reimbursement of expenses incurred while on official business of the City of Spokane Valley is delegated to the City Council finance committee. It is recognized by the City Council that public officials and employees will periodically be required to travel and incur related expenses on behalf of the City. The purpose of the travel policies and procedures is to provide criteria for payment and/or reimbursement of valid expenses. The Council directs that the finance committee consider the following in the development of travel policies and procedures: (A). Reimbursement for transportation costs when using personal automobiles including rates to be established on a mileage or other reasonable basis and for airfare or other mode of travel; (B). Reimbursement for hotel/motel accommodations; (C). Reimbursement for meals either at actual cost including a per meal maximum amount or a per diem allocation; (D). Reimbursement for incidental expenses such as parking, taxis, buses, rental cars,etc.;and(E). Such other matters that are reasonably related to travel. b. The finance department,under the supervision of the finance committee, is directed to develop a fully itemized travel expense form which shall be used to administer the City travel policy and account for expenditures and reimbursement of officials or employees. Claims for reimbursement must be accompanied by receipts showing the amount paid and items/services received unless otherwise provided in the policies and procedures. All claims for reimbursement shall be duly certified by the individual submitting such claim on a form approved by the Finance Director in compliance with state regulations and guidelines established by the State Auditor. For administrative staff, the City Manager or designee shall approve expenses and reimbursement. The City Council shall approve, through budget allocation, travel expenses and reimbursement for Council members. The Council reserves the right to review the travel policies and procedures of the City including modifying and amending the same from time to time. (Ord.29 § 1,2003)." The Finance Committee shall have no regularly prescribed duties or meetings except the bills/payroll and warrant procedures required by state law,unless specifically charged by the City Council. Page 35 of 46 DRAFT for 2012 council meeting SVMC 3.35.010(D) Contract Authority The finance committee of the City Council is authorized to approve change orders on short notice that are in excess of the amounts authorized in subsection C of this section, in circumstances where such a change order is necessary to avoid a substantial risk of harm to the City. In such an event,the city manager shall provide appropriate information to the city council at its next regular meeting setting forth the factual basis for the action. (Ord. 07-004 §2, 2007; Ord. 03-072§ 2,2003.). 2. When required by law, committee meetings should be open to the public, including the media, unless discussing matters which would qualify for an executive session if discussed within the whole Council. All Council committee meetings shall be for the purpose of considering legislative policy matters, rather than administrative matters unless requested by the City Manager. Legislative policy considerations should be brought to the Council unless referred to a committee for pre-study. 3. The Mayor may appoint such other ad hoc advisory committees or liaisons from the Council or community for the purpose of advising the Council in legislative policy matters. All ad hoc committees shall be defined by a clear task and a method of "sunsetting" the committee at the conclusion of the assigned task. As with all committee vacancies, ads announcing a vacancy or soliciting membership or participation in a task force or other committee will be placed on the City's website, and in the City's official newspaper. 4. Council Liaison. Appointments shall be by the Mayor and confirmed by the Council for a time certain not to exceed the term of the appointing Mayor. Individual members of the Council may be assigned as liaisons whose duties involve keeping current with a group or activity by either attendance when the group or activity takes place, or communication with appropriate leaders so the liaison Councilmember can keep Council informed. Liaisons may, at times, advocate Council actions on behalf of their assigned group or activity. Extreme care must be taken to avoid an Appearance of Fairness Doctrine violation, or conflict of interest possibilities with agencies or circumstances where such possibilities may exist (i.e.: Planning Commission quasi-judicial). Liaison functions and duties may be further defined and/or directed by the Presiding Officer with concurrence of Council. 5. Task Force. The City Council may create, and confirm the Mayor's recommendation to appoint members to small task force groups. A task force is a temporary group formed and "tasked" by legislative authority to study a specific subject for a specified period of time. 6. After consultation with the City Manager, any other Council committees, citizen task forces or similar organized groups shall have rules or operating procedures thereof established by Council directive with special attention to RCW 35A.13.120. Such committees shall be commissioned for a time certain,not to exceed two years or the term of the appointing Mayor,whichever is less and be provided with a clear task description. Appointment shall be by the Mayor. Council may waive confirmation in the instrument creating said committee or group. Such committees shall be subject to review whenever a new Council is seated following elections, so as to determine whether the committee and its functions continue to be appropriate and necessary. Members of any committee,board or commission which have been appointed or confirmed by the Council, may be removed without cause by a majority vote of the Council. No advisory board,commission, committee or task force shall take any final action outside of an open public meeting unless permitted to do so per state statutes, and when permitted by state statutes, no final action shall be taken without the foreknowledge and approval of majority vote of the Council. C. Private Committees, Boards, Commissions The Council recognizes there are various other private boards and committees, such as Spokane Neighborhood Action Partners (SNAP), which appointments are made by their own board. These boards and committees which do not require an appointment by our Mayor, with confirmation by our Council, Page 36 of 46 DRAFT for 2012 council meeting are nonetheless important aspects of our community and we recognize the time commitment any Councilmember may extend as a member of any of these committees and/or boards. As well, Council appreciates hearing a periodic report or update on activities and issues surrounding those boards and committees. CHAPTER 6 Disclaimer Disclaimer A. Purpose These City Council Rules of Procedure are designed to provide guidance for the City Council. They are not to be considered restrictions or expansions of City Council authority. These rules have been prepared from review of many statutes, ordinances, court cases and other sources but they are not intended to be an amendment or substitute for those statutes, ordinances, court decisions or other authority. B. Use No action taken by a Councilmember or by the Council which is not in compliance with these rules, but which is otherwise lawful, shall invalidate such Councilmember's or Council action or be deemed a violation of oath of office,misfeasance or malfeasance. No authority other than the City Council may enforce these rules or rely on these rules. Failure of the City Council to follow any of these rules shall be considered a Council decision to waive such rule. No notice of such waiver need be given. C. Reliance Public Use or Reliance Not Intended. Because these rules are designed to assist the City Council and not to provide substantive rules affecting constituents, it is expressly stated that these rules do not constitute land use regulations, official controls, "appearance of fairness rules," public hearing rules, or other substantive rules binding upon or to be used by or relied upon by members of the public. These rules do not amend statutory or other regulatory (such as ordinance) requirements. Page 37 of 46 DRAFT for 2012 council meeting Appendix A: Definitions Action: All transactions of a governing body's business, including receipt of public testimony, deliberations, discussions, considerations, reviews, and evaluations, as well as "final" action. [RCW 42.30.010,42.30.020(3)]. Codified: The process of forming a legal code (i.e., a codex or book of laws) by collecting and including the laws of a jurisdiction or municipality. Consensus: A collective judgment or belief; solidarity of opinion: "The consensus of the group was that they should meet twice a month. General agreement or harmony. [Random House Webster's College Dictionary, April 2001] [Wikipedia: explains it as a group decision making process; not necessarily the agreement. In other words,the question to the group is: "Is this something you can live with?" or, Does anyone object?] It is not unanimity,but more a process for deciding what is best overall. Members of the group reach a decision to which they consent because they know it is the best one overall. It differs from voting which is a procedure for tallying preferences. Sometimes knowing there will be an up-down vote at the end often polarizes the discussion. It does not require each member of the group to justify their feelings. [Taken from: Consensus Is Not Unanimity: Making Decisions Cooperatively, by Randy Schutt..'7 Similar to a verbal "show of hands" on who feels particularly strong on this?" Sometimes thought of as preliminary approval without taking final "action." A show of hands is not an action that has any legal effect. [See"Voting and Taking Action in Closed Sessions"by Frayda Bulestein.] Ex-parte: from a one-sided or partisan point of view; on the application of one party alone. An ex-parte judicial proceeding is conducted for the benefit of only one party. Ex-parte may also describe contact with a person represented by an attorney,outside the presence of the attorney. Motion: An enacted motion is a form of action taken by the Council to direct that a specific action be taken on behalf of the municipality. A motion, once approved and entered into the record, is the equivalent of a resolution in those instances where a resolution is not required by law, and where such motion is not in conflict with existing State or Federal statutes,City ordinances or resolutions. Ordinance: An enacted ordinance is a law passed [enacted] by a municipal organization legislatively prescribing specific rules of organization or conduct relating to the corporate affairs of the municipality and those citizens and businesses therein. Council action shall be taken by ordinance when required by law, or where prescribed conduct may be enforced by penalty. Special ordinances such as adopting the budget, vacating a street, amending the Comprehensive Plan and/or Map, and placing a matter on an election ballot,including general obligation bonds,are not codified into the City's municipal code. Resolution: An enacted resolution is an administrative act which is a formal statement of policy concerning matters of special or temporary character. Council action shall be taken by resolution when required by law and in those instances where an expression of policy more formal than a motion is desired. Regular Meeting: Any Council meeting that meets in the Spokane Valley City Council Chambers on Tuesday at 6:00 p.m. shall be deemed a"regular meeting." Social Media: A term used to define the various activities that integrate technology, social interaction and content creation. Through social media, individuals or collaborations of individuals create on-line web content, organize content, edit or comment on content, combine content, and share content. Social media uses many technologies and forms including syndicated web feeds, weblogs (blogs), wiki, photo- sharing, video-sharing,podcasts, and social networking. (From MRSC, and Social Media and Web2.0 in Government,WebContent.gov) Page 38 of 46 DRAFT for 2012 council meeting Appendix B: Frequently Used Acronyms AACE-American Association of Code Enforcement ADA-Americans with Disabilities Act ADT-Average Daily Traffic ATF -Bureau of Alcohol,Tobacco&Firearms AWC -Association of Washington Cities BOCC-Board of County Commissioners CAFR-Comprehensive Annual Financial Report CDBG-Community Development Block Grant CIP -Capital Improvement Plan CM-City Manager CM/AQ-Congestion Mitigation&Air Quality Program CTED-Community,Trade,&Economic Development(now Department of Commerce) CTR-Commute Trip Reduction(legislation) CUP -Conditional Use Permit DEIS -Draft Environmental Impact Statement DEM-Department of Emergency Management DNR-Department of Natural Resources DNS -Declaration of Non-Significance DOE-Department of Ecology;Department of Energy DOT-Department of Transportation E911 -Enhanced 911 EA-Environment Assessment EDC -Economic Development Council EEO/AA-Equal Employment Opportunity/Affirmative Action EEOC-Equal Employment Opportunity Commission EIS-Environmental Impact Statement EOE-Equal Opportunity Employer EPA-Environmental Protection Agency ERU-Equivalent Residential Unit(for measuring water-sewer capacity and demand) ESU-Equivalent Service Unit(for measuring stormwater utility fees) F &WS-Federal Fish&Wildlife Service FAA-Federal Aviation Administration FCC-Federal Communications Commission Page 39 of 46 DRAFT for 2012 council meeting FEIS-Final Environmental Impact Statement FEMA-Federal Emergency Management Agency FICA-Federal Insurance Contribution Act FIRM-Flood Insurance Rate Maps FLSA-Fair Labor Standards Act FMLA-Family Medical Leave Act FY-Fiscal Year GAAP -Generally Accepted Accounting Principles GASB-Governmental Accounting Standards Board GIS-Geographic Information System GMA-Growth Management Act GPM-Gallons Per Minute HOV-High-Occupancy Vehicle HR-Human Resources HUD-Housing&Urban Development(Department of) ICMA-International City/County Management Association L&I-Labor&Industries(Department of) LID-Local Improvement District MGD-Million Gallons per Day MOA-Memorandum of Agreement MOU-Memorandum of Understanding MPO-Metropolitan Planning Organization MRSC-Municipal Research Services Center NEPA-National Environment Policy Act NIMBY-Not In My Backyard NPDES-National Pollutant Discharge Elimination System PE-Preliminary Engineering; Professional Engineer PERC-Public Employment Relations Commission PMS-Pavement Management System PPE-Personal Protective Equipment PPM-Parts Per Million; Policy&Procedure Manual PUD-Public Utility District PW-Public Works QA-Quality Assurance RCW-Revised Code of Washington Page 40 of 46 DRAFT for 2012 council meeting REET-Real Estate Excise Tax RONR Robert's Rules of Order Newly Revised ROW-Right of Way SAO- State Auditor's Office SBA- Small Business Administration SEPA- State Environmental Policy Act SMA- Shorelines Management Act SWAC - Solid Waste Advisory Committee TIB-Transportation Improvement Board TIP -Transportation Improvement Program TMDL-Total Maximum Daily Load UBC-Uniform Building Code UFC-Uniform Fire Code UGA-Urban Growth Area WAC -Washington Administrative Code WACO-Washington Association of County Officials WCIA-Washington Cities Insurance Authority WCMA-Washington City/County Management Association WSDOT-Washington State Department of Transportation WSP -Washington State Patrol WUTC -Washington Utilities&Transportation Commission WWTP -Wastewater Treatment Plant Page 41 of 46 DRAFT for 2012 council meeting APPENDIX C: INDEX emergency ordinance•16 excuse•6,10,13,15,35 9 excused•13,27 Executive Session•8,10 9:00 p.m•9 Executive Sessions•2,5,10,11 Ex-Parte communications•32 A absence 5,6,10,13,27 Adjournment 9,15 Filling Council Vacancies•2,23 Advance Agenda•13 finance•39 agenda •6,7,8,9,10,11,12,13,14,15,16,17,19,20,21, Finance•24,39,40 23,26,38 Formal Format•2,6 amend•18,19,42 Forms of Address•6,10 amended 6,7,16,17,19 amended agenda •6,9 Appearance of Fairness Doctrine•34,35,36,40 H Approaching the Dais•15 Attendance•11,13,27 hearing•8,20,30,31,32,33,34,35,36,41,42 Hearing•32 hearing examiner•32,33,34 8 budget amendment•16 1 Interference•27 C Citizen Contact•26 L City Clerk•6,7,8,9,10,12,13,15,19,20,23,27,30,32 City Manager•6,7,9,10,13,15,16,19,20,26,27,28,35, last six months•24 40,45 Legislative Agenda•23 Comments•7,8, 10,15 Lodging Tax Advisory Committee•39 Complaints•26 conflict of interest•15,35,40 Consensus 43 M Contract Authority•40 Correspondence•3,26 material•6,10,20,30 Council liaison•40 Motion•10,43 Council Packets•20 Motions•16 D N demonstrations•8,30 National League of Cities•23 Deputy Mayor•5,6,13,23 new item•6 display materials•7 Non-action•9,13 E 0 Election of Officers•23 Open Public Meetings Act•5 emergency•6,12,15,16,20 opinion•35,43 Emergency•15,45,46 opinions•8,32 Page 42 of 46 DRAFT for 2012 council meeting Ordinances•19,21,43 P Seating Arrangement•14 show of hands•43 social media•26,43 parliamentarian•13 Social Media•3,26,43 Parliamentary Procedure•2,18 SPECIAL MEETINGS•11 Photographs•15 Study Session Format•2,9 Planning Commission•32,38,40 surprise•9,13 podium 15,16,30 posterboards•7 PowerPoints•6,10 Pre-Agenda •2,13 presentations•6,7,10,30 Presiding Officer•2,5,6,7,8,9,10,13,14,15,17,19,23, Table•18 27,30,31,35,38,40 Task Force•7,40 Public Disclosure 32 three•6,7,8,12,13,21,30,39 three Councilmembers•6 three touch principle•19 Q Three Touch Principle•21 Time 5,30 Travel Provisions•23 Quasi-Judicial•3,32 Quorum•13 U R Unfinished•8 Reconsideration•2,19 regular meetings•5,13 V reintroduced•16 Reports•7,8,38 Request for Council Action form(RCA)•20 Voting 2,9,13,15 Resolutions•19,21,43 respect•14,38 Roll Call•6,10 W withdraw•17,18 written findings•34 Written Public Comments•8 Page 43 of 46 DRAFT for 2012 council meeting APPENDIX D: Optional Committee Report Form Meeting Date: Committee: Councilmember's Committee Standing: (board member,liaison, etc): 1.Agenda Topic: Goals/actions discussed or taken: Recommendations/decisions made: Budget impact to Spokane Valley: Resource impact to Spokane Valley: Future Action or follow-up needed by Spokane Valley: Deadline: 2.Agenda Topic: Goals/actions discussed or taken: Recommendations/decisions made: Budget impact to Spokane Valley: Resource impact to Spokane Valley: Future Action or follow-up needed by Spokane Valley: Deadline: 3.Agenda Topic: Goals/actions discussed or taken: Recommendations/decisions made: Budget impact to Spokane Valley: Resource impact to Spokane Valley: Future Action or follow-up needed by Spokane Valley: Deadline: Page 44 of 46 DRAFT for 2012 council meeting APPENDIX E: RESOLUTION 07-019 CITY OF SPOKANE VALLEY SPOKANE COUNTY,WASHINGTON RESOLUTION NO.07-019 AMENDED GENERAL POLICY RESOLUTION OF CORE BELIEFS A RESOLUTION OF THE CITY OF SPOKANE VALLEY AMENDING RESOLUTION 03-027, ESTABLISHING A GENERAL POLICY RESOLUTION EMANATING FROM THE CORE BELIEFS OF THE CITY COUNCIL AND COMMUNITY AND SETTING FORTH DUTIES OF BOTH ELECTED AND APPOINTED OFFICIALS OF THE CITY TO HELP GUIDE LEGISLATIVE AND EXECUTIVE DECISIONS TOWARD EFFECTIVE,RESPONSIVE,AND OPEN GOVERNMENT WHEREAS,the City Council of the City of Spokane Valley,as the elective legislative body,is charged with promulgating Ordinances and Resolutions which become the law of the city;and WHEREAS, such Ordinances and Resolutions must provide enforceable provisions subordinate to, and in harmony with,all other applicable federal and state statutes and regulations; and WHEREAS, the City Council desires to provide a clear set of general policy guidelines for the conduct of city government; Section 1. Modifvin2 Resolution 03-027 as set forth below by adding new section 7. The remainder of the resolution 03-027 is unchanged: NOW, THEREFORE, the City Council of the City of Spokane Valley does hereby affirm and resolve that the following core beliefs shall serve as guidelines for the conduct of affairs by all branches of Spokane Valley City Government. Section 1. We believe that Spokane Valley should be a visionary city encouraging its citizens and their government to look to the future beyond the present generation and to bring such ideas to public discussion and to enhance a sense of community identity. Section 2. We believe that elected body decision-making is the only lawful and effective way to conduct the public's legislative business and that careful observance of a clear set of Governance Coordination rules of procedure can best enhance public participation and decision making. Section 3. We believe in the City Council as policy leaders of the City. One or more City Councilmembers are encouraged to take the lead, where practical, in sponsoring Ordinances or Resolutions excepting quasi-judicial or other public hearings and the statutory duties of the City Manager as set forth in RCW 35A.13.020. Section 4. We believe in hearing the public view. We affirm that members of the public should be encouraged to speak and be heard through reasonable rules of procedure when the public business is being considered, thus giving elected officials the broadest perspectives from which to make decisions. Page 45 of 46 DRAFT for 2012 council meeting Section 5. We believe that the City of Spokane Valley's governance should be known as "user friendly," and that governance practices and general operations should consider how citizens will be served in the most responsive,effective and courteous manner. Section 6. We believe that the economic and commercial job base of the community should be preserved and encouraged to grow as an alternative to increasing property taxes. We believe it imperative to have an expanded and diverse economic base, Section 7. We believe that Councilmembers set the tone for civic discussion and should set an example by: (a) Setting high standards of decorum and civility. (b) Encouraging open and productive conversation amongst themselves and with the community about legislative matters. (c) Demonstrating respect for divergent points of view expressed by citizens, fellow Councilmembers and the staff. (d) Honoring each other and the public by debating issues within City Hall and the Community without casting aspersions on members of Council,the staff,or the public. (e) Accepting the principle of majority rule and working to advance the success of "corporate"decisions. Section 8. We solicit the City Manager's support in conducting the affairs of the city with due regard for: (a) Promoting mutual respect between the Citizens, City staff and the City Council by creating the organizational teamwork necessary for effective,responsive and open government. (b) Providing the City Council and public reasonable advance notice when issues are to be brought forward for discussion. (c) Establishing and maintaining a formal city-wide customer service program with emphasis on timely response, a user-friendly atmosphere, and an attitude of facilitation and accommodation within the bounds of responsibility, integrity, and financial capability of the city, including organizational and job description documents while pursuing"best practices"in customer service. (d) Seeking creative ways to contain or impede the rising cost of governmental services, including examination of private sector alternatives in lieu of governmentally provided services. (e) Providing a data base of future projects and dreams for the new City of Spokane Valley so that good ideas from its citizens and leaders are not lost and the status of projects can be readily determined. Approved by the City Council this 11th day of December,2007. ATTEST: /s/DIANA WILHITE Diana Wilhite,Mayor /s/CHRISTINE BAINBRIDGE Christine Bainbridge,City Clerk Approved as to form: /S/MICHAEL F. CONNELLY Office of the City Attorney Page 46 of 46 DRAFT ADVANCE AGENDA For Planning Discussion Purposes Only as of March 7,2012; 11:45 a.m. Please note this is a work in progress; items are tentative To: Council& Staff From: City Clerk,by direction of City Manager Re: Draft Schedule for Upcoming Council Meetings March 20, 2012, Study Session Format,6:00 p.m. [due Mon,March 12] 1. GSI Annual Update—Robin Toth (20 minutes) 2. Draft Amended 2012 TIP—Steve Worley (15 minutes) 3.UPRR Agreement for Pines Rd RR Crossing Improvements—Steve Worley (20 minutes) 4. Revisions to Title 24 Building Code —Doug Powell,John Hohman (20 minutes) 5.H2O Conference Update—Henry Allen (15 minutes) 6. STA Agreement, Sidewalk and Transit Accessibility Project#0154—Steve Worley (15 minutes) 7. Safe Routes to School Call for Projects—Steve Worley (15 minutes) 8. Pavement Management Plan—Neil Kersten (20 minutes) 9.Advance Agenda 10. Information Only: Regional Toxics Task Force Agreement [*estimated meeting: 140 minutes] March 27,2012,Formal Meeting Format,6:00 p.m. [due Mon,March 19] 1.PUBLIC HEARING: Draft Amended 2012 TIP—Steve Worley (— 10 minutes) 2. Consent Agenda(claims,payroll minutes) (5 minutes) 3.First Reading Proposed Ordinance, Special Event Permit—Cary Driskell (10 minutes) 4.Motion Consideration : Lodging Tax Allocations—Mark Calhoun (20 minutes) 5.Motion Consideration: Draft Amended 2012 TIP—Steve Worley (10 minutes) 6.Motion Consideration: STA Agreement, Sidewalk and Transit Accessibility Project#0154- S Worley(10 min) 7.Motion Consideration: UPRR Agreement for Pines Rd RR Crossing Improvements—S.Worley (10 minutes) 8.Motion Consideration: Safe Routes to School Call for Projects—Steve Worley (10 minutes) 9.Motion Consideration: Pavement Management Plan—Neil Kersten (15 minutes) 10.Admin Report: Sign Code Regulations—John Hohman, Lori Barlow (30 minutes) 11. Info Only: Dept Reports [*estimated meeting: 130 minutes] April 3,2012, Study Session Format, 6:00 p.m. [due Mon,March 26] April 10, 2012,Formal Meeting Format, 6:00 p.m. [due Mon,April 2] 1. Consent Agenda(claims,payroll,minutes) (5 minutes) 2. Second Reading Proposed Ordinance, Special Event Permit—Cary Driskell (10 minutes) 3.First Reading Ordinance Sign Code Amendments—Lori Barlow (15 minutes) [*estimated meeting: minutes] April 17,2012, Study Session Format,6:00 p.m. [due Mon,April 9] 1. Comp Plan Amendments for 2012—Mike Basinger (30 minutes) 2.Advance Agenda TENTATIVE:April19,2012, 8:30 a.m. JointMeetinji with City of Spokane Council&Mayor Held in Spokane Valley City Council Chambers Draft Advance Agenda 3/8/2012 2:10:25 PM Page 1 of 2 April 24, 2012,Formal Meeting Format,6:00 p.m. [due Mon,April 16] 1. Consent Agenda(claims,payroll,minutes) (5 minutes) 2. Second Reading Ordinance Sign Code Amendments—Lori Barlow (15 minutes) 3.First Reading Proposed Ordinance Amending Comp Plan—Mike Basinger (30 minutes) 4. Info Only: Department Reports [*estimated meeting: minutes] May 1,2012, Study Session Format,6:00 p.m. [due Mon,April 23] 1. Draft 2013-2018 Six-Year TIP—Steve Worley (20 minutes) 2.Advance Agenda May 8, 2012,Formal Meeting Format,6:00 p.m. [due Mon,April 30] 1. Consent Agenda(claims,payroll,minutes) (5 minutes) 2. Second Reading Comp Plan Amendments—Mike Basinger (20 minutes) May 15, 2012, Study Session Format,6:00 p.m. [due Mon, May 7] 1.Advance Agenda (5 minutes) May 22,2012,Formal Meeting Format,6:00 p.m. [due Mon,May 14] 1.PUBLIC HEARING: Draft 2013-2018 Six-Year TIP—Steve Worley (-15 minutes) 2. Consent Agenda(claims,payroll,minutes) (5 minutes) 3. Info Only: Department Reports May 29, Study Session Format, 6:00 p.m. [due Mon,May 21] 1.Advance Agenda (5 minutes) June 5,2012, Study Session Format, 6:00 p.m. [due Mon,May 28] 1.Advance Agenda June 12,2012, Special Meeting: 8:30 a.m.to 4:00 p.m.Summer Council/Staff Retreat Tentative Items Include: June 12,2012,Formal Meeting Format,6:00 p.m. [due Mon,June 4] 1. Consent Agenda(claims,payroll,minutes) 2.Motion Consideration: Adoption of Proposed 2013-2018 Six-Year TIP—Steve Worley (10 minutes) OTHER PENDING AND/OR UPCOMING ISSUES/MEETINGS: ADA Transition Plan Sidewalks Bidding Contracts(SVMC 3.—bidding exceptions) Speed Limits,(overall system) Centennial Trail Agreement Sprague Appleway Corridor Environ.Assessment Contracts,Annual Renewals,histories,etc. Temporary Use Permits Graffiti,Code Enforcement,etc. Investment Accounts *time for public or council comments not included Manufactured Homes Potential Park Property Acquisition Prosecution Services Revenue Policy,Cost Recovery Senior Housing Shoreline Draft Goals and Policies Draft Advance Agenda 3/8/2012 2:10:25 PM Page 2 of 2 CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: March 13, 2012 Department Director Approval: Check all that apply: ❑ consent ❑ old business ❑ new business ❑ public hearing ® information ❑ admin. report ❑ pending legislation ❑ executive session AGENDA ITEM TITLE: UPRR Agreement— Pines/Mansfield Project #0005 GOVERNING LEGISLATION: SVMC 3.35.010 PREVIOUS COUNCIL ACTION TAKEN: 1) Approval of previous Six Year Transportation Improvement Programs, which included the Pines/Mansfield project, 2) approval of application for federal grant funding for the Pines/Mansfield Project, 3) approval of Fuel Tax Grant Distribution Agreement with the TIB for the Pines/Mansfield project; 4) approval of a quit-claim deed on one parcel to complete right-of-way acquisition; 5) informational memo in June 3, 2008 Council Packets; 6) award of construction contract to Inland Asphalt on June 24, 2008; 7) Additional Change Order Authority for City Manager, June 2, 2009; 8) admin report and presentation to Council on Change Order #36 and #37, December 8, 2009; 9) Adopted the Amended 2011 TIP, which included the Pines/Mansfield project. BACKGROUND: The City and Union Pacific Railroad (UPRR) are successors to a June 30, 1977 agreement under which UPRR is responsible to operate and maintain the warning devises at the Pines Road crossing, and the City is responsible to pay for alterations to the existing warning devices necessitated by any future road improvements. As part of the Pines/Mansfield project, staff has been working with the UPRR to make improvements the Pines Road crossing to accommodate the widening of Pines Road and to provide a sidewalk for safe pedestrian crossings. The widening of Pines Road was for a southbound right turn lane onto westbound Montgomery Avenue. In accordance with RCW 81.53.261 the city filed a petition for these railroad crossing improvements with the Washington Utilities and Transportation Commission (WUTC). The railroad crossing improvements will include relocating the existing cantilever (the structure with the overhead flashing red lights) and the crossing arm on the west side of Pines Road, installing a new crossing arm in the center median for southbound traffic, and other associated work. Under RCW 81.53.261 the City and UPRR may "enter into an agreement . . . providing for the installation of signals or other warning devices . . . or for the apportionment of the cost of installation and maintenance thereof." RCW 81.53.130 also provides that the UTC has authority to apportion costs of railroad crossing improvements as "the parties may agree, or as the [UTC] may consider advisable." Under the June 30 1977 agreement the City is responsible for alterations to the existing warning devices necessitated by the City's improvements to the roadway. Staff and UPRR have reached a tentative agreement on the improvements to the warning devices at the Pines Road crossing for which the City will be responsible. A summary of the main terms of the agreement are as follows: 1. UPRR will perform the work listed on the attached estimate dated 2011-11-02 and shown on the included drawing 2. The estimated cost for this work is $236,542 3. The city will be obligated to reimburse UPRR for the actual cost billed at UPRR's standard rates, including markups 4. The city's obligation to pay for work that exceeds the estimate would depend on the reason(s) for the overrun. 5. UPRR would not be permitted to bill for work that is not in the estimate 6. The city will have limited ability to dispute liability for work costing more than estimated 7. The city will have the right to monitor the work A hearing is scheduled before a judge to hear oral arguments related to the improvements to be performed and the apportionment of their cost. However, if the UPRR agreement is approved by the city, the WUTC hearing can be waived. Attached is UPRR's most recent draft of the agreement for the proposed crossing work. There are certain revisions to the agreement that staff believes are important and that are under discussion with UPRR. Staff is anxious to move this agreement forward to execution so the crossing work can be completed this year. If agreement between the city and UPRR can be reached, staff will present the final agreement at the March 20th study session. OPTIONS: Information only. RECOMMENDED ACTION OR MOTION: Information only. BUDGET/FINANCIAL IMPACTS: The estimated cost for the railroad crossing improvements is $236,542. However, according to the terms of the draft agreement, the UPRR will bill the city for their actual costs of these improvements. The 2012 budget includes sufficient REET funding to pay these costs. STAFF CONTACT: Steve M. Worley, Senior Capital Projects Engineer Neil Kersten, Public Works Director ATTACHMENTS: Draft UPRR Agreement; copy of 1977 Agreement UNION PACIFIC RAILROAD COMPANY uwor SUPPLEM ENTAL AGREEM ENT BUILDING AMERICA "`IOFC Non-Standard Form Approved:AVP-Law 03062012 IIII�r UPRR Folder No.: 717-64 UPRR Audit No. SI813 SUPPLEMENTAL AGREEMENT (EXISTING PUBLIC ROAD CROSSING IMPROVEMENT) THIS SUPPLEMENTAL AGREEMENT is made as of the day of 20 , by and between UNION PACIFIC RAILROAD COMPANY, a Delaware corporation, ("Railroad") and the CITY OF SPOKANE VALLEY, a municipal corporation of the State of Washington with a mailing address at 11707 East Sprague Avenue, Suite 106, Spokane Valley,Washington 99206 ("City"). RECITALS: By instrument dated June 30, 1977, the Spokane International Railroad Company and the County of Spokane entered into an agreement(the"Original Agreement"),identified in the records of the Railroad as Folder No. 717-64,Audit No. SI813,covering the construction,use,maintenance and repair of the Pines Road at-grade public road crossing (the "Road Crossing"), DOT No. 662- 519S, at Railroad's Mile Post 8.91 on its Spokane Subdivision, in Spokane County,near Spokane, Washington in the location shown on the Railroad Location Print marked Exhibit A,attached hereto and hereby made a part hereof. The Railroad named herein is successor in interest to the Spokane International Railroad Company and the City is the successor in interest to the County of Spokane for the Original Agreement. In 2011 the City undertook, as its project, certain work in the area of the Road Crossing, including the widening of the west side of Pines Road to accommodate three southbound vehicle traffic lanes and the widening of a median island. Additional aspects of the project include work performed or to be performed by the Railroad in the area of the Road Crossing(signal modifications and improvements),as well as work yet to be performed by the City in the area of the Road Crossing (extension of the sidewalk along the west side of Pines Road). The combined work of the City and the Railroad is hereinafter referred to as the "Project." The Road Crossing, as improved, is hereinafter the"Roadway"and where the Roadway crosses the Railroad's property is the"Crossing Area." AGREEMENT: NOW THEREFORE, in consideration of the premises and of the promises and conditions hereinafter set forth, the parties hereto agree as follows: SECTION 1. The exhibits below are attached hereto and hereby made a part hereof: Supplemental Public Road Xing Page 1 of 6 revised March 6, 2012 Form Approved,AVP-Law UNION PACIFIC RAILROAD COMPANY uwor SUPPLEM ENTAL AGREEM ENT BUILDING AMERICA ""I'"` Non-Standard Form Approved:AVP-Law 03062012 III! Exhibit A Railroad Location Print Exhibit B Railroad's Signal Material Estimate with Schematic of Signal Work Exhibit C Railroad Form of Contractor's Right of Entry Agreement Exhibit D Currently Applicable Additives SECTION 2. The Railroad,at City's expense,shall furnish labor,material,equipment,and supervision for the following elements of the Project, i.e.,: • Relocating and upgrading of the crossing gates and cantilevers, replacing and relocating the existing signal house, and replacing crossing signals; • Engineering necessary to complete the above, and • Flagging necessary to complete the above and any City work on railroad right-of-way or within 25 feet of the railroad tracks. SECTION 3. A. The work to be performed by the Railroad, at the City's sole cost and expense, is described in the Railroad's Signal Material Estimate dated November 2, 2011, in the amount of $236,542,marked Exhibit B, attached hereto and hereby made a part hereof(the "Estimate"). B. The Railroad,if it so elects,may recalculate and update the Estimate submitted to the City in the event construction is not commenced on the portion of the Project located on the Railroad's property within six (6)months from the date of the Estimate. C. All flagging or other protective services costs incurred by the Railroad are to be paid by the City or the Contractor as determined by the Railroad and the City. If it is determined that the Railroad will be billing the Contractor directly for such costs, the City agrees that it will pay the Railroad for any flagging costs that have not been paid by any Contractor within thirty(30)days of the Contractor's receipt of billing. D. The City agrees to reimburse the Railroad for one hundred percent (100%) of all actual costs incurred by the Railroad in connection with the Project including, but not limited to, actual costs of preliminary engineering review, construction inspection,procurement of materials, equipment rental, manpower and deliveries to the job site and all of the Railroad's then-current normal and customary additives(which shall include direct and indirect overhead costs)associated therewith. The Currently Applicable Additives in effect as of the date hereof are attached as Exhibit D hereto. SECTION 4. A. The City shall have the right to monitor the work undertaken by the Railroad pursuant to Section 3. As to that portion of the Project not undertaken by the Railroad, the City, at its expense, to the extent it has not already done so, shall prepare, or cause to be prepared by others, Supplemental Public Road Xing Page 2 of 6 revised March 6, 2012 Form Approved,AVP-Law UNION PACIFIC RAILROAD COMPANY uwor SUPPLEM ENTAL AGREEM ENT BUILDING AMERICA' "cm Non-Standard Form Approved:AVP-Law 03062012 I I I1I detailed plans and specifications and submit such plans and specifications to the Railroad's Assistant Vice President Engineering—Design,or his authorized representative,for review and approval. The plans and specifications shall include all Roadway layout specifications, cross sections and elevations, associated drainage, and other appurtenances. B. The Railroad shall bill the City according to the Railroad's standard and customary practices and shall provide the Railroad's standard and customary documentation to support such billing. The City shall have the right to audit the Railroad's billing and documentation for the Project. C. The final one hundred percent(100%)completed plans that are approved in writing by the Railroad's Assistant Vice President Engineering—Design,or his authorized representative,are hereinafter referred to as the "Plans." The Plans are hereby made a part of this Agreement by reference. D. No changes in the Plans shall be made unless the Railroad has consented to such changes in writing. E. Notwithstanding the Railroad's approval of the Plans, the Railroad shall not be responsible for the permitting, design, details or construction of the Roadway. SECTION 5. After the Railroad completes the signal modifications and improvements, the City shall complete the installation of its improvements to Pines Road by extending the sidewalk on the west side of Pines Road pursuant to the plans previously approved by the Railroad. The City shall require its contractor(s) to execute the Railroad's standard and current form of Contractor's Right of Entry Agreement attached hereto as Exhibit C. City acknowledges receipt of a copy of the Contractor's Right of Entry Agreement and understanding of its terms, provisions, and requirements, and will inform its contractor(s) of the need to execute the Agreement. Under no circumstances will the City's contractor(s)be allowed onto the Railroad's premises without first executing the Contractor's Right of Entry Agreement. SECTION 6. Fiber optic cable systems may be buried on the Railroad's property. Protection of the fiber optic cable systems is of extreme importance since any break could disrupt service to users resulting in business interruption and loss of revenue and profits. City or its contractor(s)shall telephone the Railroad during normal business hours (7:00 a.m. to 9:00 p.m., Central Time, Monday through Friday, except holidays) at 1-800-336-9193 (also a 24-hour number, 7 day number for emergency calls)to determine if fiber optic cable is buried anywhere on the Railroad's premises to be used by the City or its contractor(s). If it is, City or its contractor(s)will telephone the telecommunications company(ies)involved, arrange for a cable locator, and make arrangements for relocation or other protection of the fiber optic cable prior to beginning any work on the Railroad's premises. Supplemental Public Road Xing Page 3 of 6 revised March 6, 2012 Form Approved,AVP-Law UNION PACIFIC RAILROAD COMPANY rill SUPPLEMENTALAGREEMENT BUILDING AMERICA Non-Standard Form Approved:AVP-Law 03062012 SECTION 7. The City,for itself and for its successors and assigns,hereby waives any right of assessment against the Railroad, as an adjacent property owner,for any and all improvements made under this agreement. SECTION 8. Covenants herein shall inure to or bind each party's successors and assigns;provided,no right of the City shall be transferred or assigned,either voluntarily or involuntarily,except by express prior written consent of the Railroad. SECTION 9. The City shall, when returning this agreement to the Railroad (signed), cause same to be accompanied by such Order,Resolution,or Ordinance of the governing body of the City,passed and approved as by law prescribed, and duly certified, evidencing the authority of the person executing this agreement on behalf of the City with the power so to do, and which also will certify that funds have been appropriated and are available for the payment of any sums herein agreed to be paid by City. SECTION 10. Upon execution and delivery of this Agreement, the City shall pay to the Railroad an administrative handling charge of ONE THOUSAND DOLLARS ($1,000.00). SECTION 11. This agreement is supplemental to the Original Agreement,as herein amended,and nothing herein contained shall be construed as amending or modifying the same except as herein specifically provided. SECTION 12. SPECIAL PROVISIONS PERTAINING TO AMERICAN RECOVERY AND REINVESTMENT ACT OF 2009. If the City will be receiving American Recovery and Reinvestment Act("ARRA")funding for the Project, the City agrees that it is responsible in performing and completing all ARRA reporting documents for the Project. The City confirms and acknowledges that Section 1512 of the ARRA provisions applies only to a "recipient" receiving ARRA funding directly from the federal government and, therefore, (i) the ARRA reporting requirements are the responsibility of the City and not of the Railroad and(ii)the City shall not delegate any ARRA reporting responsibilities to the Railroad. The City also confirms and acknowledges that(i)the Railroad shall provide to the City the Railroad's standard and customary billing for expenses incurred by the Railroad for the Project including the Railroad's standard and customary documentation to support such billing and(ii)such standard and customary billing and documentation from the Railroad provides the information needed by the City to perform and complete the ARRA reporting documents. Supplemental Public Road Xing Page 4 of 6 revised March 6, 2012 Form Approved,AVP-Law UNION PACIFIC RAILROAD COMPANY uwor SUPPLEMENTAL AGREEMENT BUILDING AMERICA ""II'"` Non-Standard Form Approved:AVP-Law 03062012 IuI! IN WITNESS WHEREOF,the parties hereto have caused this Supplemental Agreement to be executed as of the day and year first hereinabove written. UNION PACIFIC RAILROAD COMPANY (Federal Tax ID #94-6001323) By: JAMES P. GADE Director Contracts WITNESS: CITY OF SPOKANE VALLEY X Printed Name: Title: Supplemental Public Road Xing Page 5 of 6 revised March 6, 2012 Form Approved,AVP-Law CROSSING:PUBLIC SPOKANE,WA. PINES ROAD M.P. 8.95 SPOKANE SUB. DOT#662519S MEMO TERREL ANDERSON ATTACHED 1S A M&FAE&FORM 30-1 COST ESTIMATE DATED 11/02/2011 COVERING THE INSTALLATION OF HIGHWAY CROSSING SIGNALS WITH GATE AND RELOCATE ONE CANTILEVER. This estimate is only valid for a period of 6 months and will expire on 05/02/20 12.If the date has expired,a new estimate should be requested prior to entering into an agreement with the state or recollectable party. JAMES POLLARD 402-544-3513 DATE: 2011-11-02 ESTIMATE OF MATERIAL AND FORCE ACCOUNT WORK BY THE UNION PACIFIC RAILROAD THIS ESTIMATE GCOD FOR 6 MONTHS EXPIRATION DATE IS :2012-05-02 DESCRIPTION OF WORK: INSTALL AUTOMATIC FLASHING LIGHT CROSSING SIGNALS WITH GATE AND UPGRADE CANTILEVER WITH LED LIGHTS AT SPOKANE, WA PINES RD. M.P. 8.95 ON THE SPOKANE SUBDIVISION DOT# 662519S WORK TO BE PERFORMED BY RAILROAD WITH EXPENSE AS BELOW: SIGNAL - FEDERAL/STATE - 1006 ESTIMATED USING FEDERAL ADDITIVES WITH INDIRECT AND OVERHEAD CONSTRUCTION COST'S - 167.76% BID: 60427 AWO: 85613 MP,SUBDIV: 8.95, SPOKANE SERVICE UNIT: 18 CITY: SPOKANE STATE: WA DESCRIPTION QTY UNIT LABOR MATERIAL RECOLL UPRR TOTAL ENGINEERING WORK ENGINEERING 5956 5956 5956 LABOR ADDITIVE 167.76k 17997 17997 17997 SIG-HWY XNG 4821 4821 4821 TOTAL ENGINEERING 28774 28774 28774 SIGNAL WORK BILL PREP 500 900 900 CANTILEVER END. REMOVAL 5000 5000 5000 CONTRACT 2579 2579 2579 FLAGGING 10000 10000 10000 LABOR ADDITIVE 167.76k 73790 73790 73790 MATL STORE EXPENSE 4 4 4 METER SERVICE 5000 5000 5000 NON STOCK GATE ASSEM. 8000 8000 8000 PERSONAL EXPENSES 23190 23190 23190 ROCK/GRAVEL/FILL 3000 3000 3000 SALES TAX 1031 1031 1031 SIGNAL 43086 25790 68876 68876 TRANSP/IB/OB/RCLW CONTR 6397 6397 6397 ENVIRONMENTAL-PERMITS 1 1 1 TOTAL SIGNAL 117776 89992 207768 207768 LABOR/MATERIAL EXPENSE 146550 89992 RECOLLECTIBLE/UPRR EXPENSE 236542 0 ESTIMATED PROJECT COST 236542 THE ABOVE FIGURES ARE ESTIMATES ONLY AND SUBJECT TO FLUCTUATION. IN THE EVENT OF AN INCREASE OR DECREASE IN THE COST OR QUANTITY OF MATERIAL OR LABOR REQUIRED, UPRR WILL BILL FOR ACTUAL CONSTRUCTION COSTS AT THE CURRENT EFFECTIVE RATE. FORM 30-1 PAGE 01 MORE WORK ORDER AUTHORIZATION-DETAIL OF ESTIMATED EXPENDITURES PROS NO: 60427 A.W.O. NO: 85613 W.O. NO: RAILROAD: UPRR CO. B.I. NO: 08EN10 LOCATION: SPOKANE,WA,PINES ROAD,SPOKANE SUB. STATE: WA DEPARTMENT: ENGINEERING SERVICES SERVICE UNIT: 18 VAL SEC: 4501 INSTALL AUTOMATIC FLASHING LIGHT CROSSING SIGNALS WITH GATE AND UPGRADE CANTILEVER WITH LED LIGHTS AT SPOKANE, WA PINES RD. M.P. 8.95 ON THE SPOKANE SUBDIVISION DOTS 642519S WORK TO BE PERFORMED BY RAILROAD WITH EXPENSE AS BELOW: SIGNAL - FEDERAL/STATE - 100% FORM 30-1 PAGE 02 MORE WORK ORDER AUTHORIZATION-DETAIL OF ESTIMATED EXPENDITURES PROJ NO: 60427 A.W.O. NO: 85613 W.O. NO: RAILROAD: UPRR CO. R.I. NO: 08EN10 LOCATION: SPOKANE,WA,PINES ROAD,SPOKANE SUB. SPATE; WA DEPARTMENT: ENGINEERING SERVICES VAL SEC: 4501 SCOPE OF WORK PROJECT VAL M.P. M.P. JOINT NUMBER SEC STATE FROM TO SEGMENT FACILITY 60427 4501 WA 8.95 8.95 5880 • FORM 30-1 PAGE 03 MORE WORK ORDER AUTHORIZATION-DETAIL OF ESTIMATED EXPENDITURES PROJ NO: 60427 A.W.O. NO: 85613 W.O. NO: RAILROAD: UPRR CO. B.I. NO: OBENIO LOCATION: SPOKANE,WA,PINES ROAD,SPOKANE SUB. STATE; WA DEPARTMENT: ENGINEERING SERVICES VAL SEC; 4501 LABOR PLAN GANG GANG TYPE GANG NUMBER WORK WORK CODE GANG DAYS DIRECT TYPE DESCRIPTION NBA IN GANG CODE DESCRIPTION ALLOWED LABOR $ SIGCU5 SIGNAL 5 MAN G 0 5 34007 SIG-HWY XNG 2.00 2123.00 SUB-TOTAL 2.00 2123.00 SIG005 5 PERSON FOR S 0 5 34004 SIG-HWY XNG 38.59 40963.29 TOTAL 43,086.29 FORM 30-1 PAGE 04 MORE WORK ORDER AUTHORIZATION-DETAIL OF ESTIMATED EXPENDITURES PROD NO: 60427 A.W.O. NO: 85613 I W.O. NO: RAILROAD: UPRR CO. S.I. NO: 08EN10 LOCATION: SPOKANE,WA,PINES ROAD,SPOKANE SUB. STATE: WA DEPARTMENT: ENGINEERING SERVICES VAL SEC: 4501 I STOCK MATERIAL PLAN ITEM ITEM UNIT DIRECT NUMBER DESCRIPTION COST QTY UM MATL $ 09011240 CABLE TIE, NYLON 1 1/8" MAX. DIA. 0.02 200 EA 4 09011980 CABLE TIE, NYLON 3 1/2" MAX. DIA. 0.18 20 EA 4 09014950 CIRCUIT BRKR,120/240V 20A 2 POLE 14.64 1 EA 15 09015690 CIRCUIT BREAKER, 120/240V 30A AC 5.97 1 EA 6 09054360 RELAY, GEN.PURPOSE 120V. TAB 856 5.24 1 EA 5 09057650 SOCKET,P-B 27E122 TAB 836A & 856 2.17 1 EA 2 09065700 TAPE, ELECTRICAL PLASTIC 3.75 2 RL 8 09066900 TERMINAL,SPADE,10-12 ?TIRE,#8 STUD 0.17 10 EA 2 09137100 TERM.LUG 3/16 CABLE-1/4 POST 2412 0.55 30 EA 17 09215100 33466 TERMINAL, RING TONGUE AMP 0.19 44 EA 8 09224750 216-107 TERMINAL,FERRULE,FOR #10 0.05 20 EA 1 09224800 216-104 TERMINAL, FERRULE, W 0.02 50 EA 1 09260350 TERMINAL,#16-14 #8 SPADE 0.07 35 EA 2 09261420 321524-1 TERMINAL,TEST 16-22 A 1.79 4 EA 7 09261570 321527-1 TERMINAL, TEST 1.72 15 EA 26 09401140 ADAPTER, 4 INCH CARLON PLASTIC 2.95 2 EA 6 09409820 BUSHING, 4" PLASTIC,INSULATING 0.82 2 EA 2 09424920 CONDUIT, 4", PVC, TYPE 40 1.90 150 LF 285 094667930 LOCKNUT, 4 INCH, GALVANIZED 5.76 2 EA 12 09844170 GROUND ROD, 5/8 INCH X 8 FEET 8.95 12 EA ' 107 09846750 GRND.ROD CONN. 4WAY ONESHOT. 5.20 12 EA 62 09908640 WIRE,#6 AWG.1 COND.COPPER,SOLID 0.48 300 LF 144 09912400 WIRE #6 AWG 2 CND 500'RL. TK WIRE 1.26 500 LF 630 09913200 WIRE,#6, 5 CORD 500'ROLL SHIELDED 4.00 1000 LF 4000 09915610 WIRE #6 AWG 1 COND COPPER, STRAN 0.77 220 LF 169 09930550 WIRE #10 AWG 1 COND COPPER, STRAN 0.24 700 LF 168 f 09932310 WIRE #10 AWG 1 COND COPPER, TWIST 0.55 250 LF 138 09946100 WIRE #14, 7 CND 500' ROLL SHIELDE 1.63 500 LF 815 09960090 WIRE #I6 AWG 1 COND COPPER, STRAN 0.10 300 IF 30 09976180 WIRE,#22,TW.PR. BELDEN #8761 0.13 20 LP 3 13547870 SHEET METAL SCREW, #10 X 1 INCH 3.50 1 BX 4 13552450 SHEET METAL SCREW,#12 X 3/4" 2.10 2 BX 4 13553150 SHEET METAL SCREW #12 X 1" 3.05 2 BX 6 17061400 PADLOCK,SIGNAL,WITHOUT KEY,AMERIC 15.10 9 EA 136 28033210 CARTON, 39 1/8"L X 23 1/4"W X 17 6.23 1 EA 6 28033230 CARTON, 47 3/8"L X 39 1/2"W X 18" 12.07 1 EA 12 28041880 PALLET, 48 X 40 INCH 2/WAY 9.89 2 EA 20 35040020 PLASTER OF PARIS, #DAP 10308 3.01 4 BX 12 39340220 SIGN, HIGHWAY CROSSING,STANDARD 50.00 2 EA 100 52001370 SURGE PROTECTOR SP20-2A TAB 585 71.28 2 EA 143 FORM 30-1 PAGE 05 MORE WORK ORDER AUTHORIZATION-DETAIL OF ESTIMATED EXPENDITURES PROJ NO: 60427 A.W.O. NO: 85613 W.O. NO: RAILROAD: UPRR CO_ B.I. NO: 08EN10 LOCATION: SPOKANE,WA,PINES ROAD,SPOKANE SUB. STATE: WA DEPARTMENT: ENGINEERING SERVICES VAL SEC: 4501 52003630 POWER CABLE, CABIN TO GENERATOR - 105.49 1 EA 105 52005700 BOND WIRE,7 STRANDS 100 LF. ROLL 0.87 250 LF 218 52016830 WIRE DUCT, 2X3 8.68 11 EA 95 52016940 WIRE DUCT, 3X3 10.23 1 EA 10 52017510 WIRE DUCT COVER 2"X6' 1.88 11 EA 21 52017620 WIRE DUCT COVER 3"X6' 2.78 1 EA 3 52019530 ENCLOSURE,SHUNT,POLE MOUNTED.24X2 181.77 3 EA 545 52019560 EQUALIZER, H.D. TAB 583 9.31 13 EA 121 52019720 FOUNDATION,CANT, PRECAST 4 BOLT 3082.06 1 EA 3082 52021550 FOUNDATION,4',STEEL,FOR EL•SHR/GAT 328.32 2 EA 657 52025270 HOUSE, 6X6, W/TIB, W/CLIMATE CUNT 7996.68 1 EA 7997 52027350 CLIP BOARD - FOR SIGNAL PRINTS 8.02 1 EA 8 52027430 STEP BOX 16.32 1 EA 16 52028420 LIGHTNING ARRESTOR,CLR-CORM TAB 3 7.00 59 EA 413 52029780 LIGHTNING ARR,HD TAB 582 W/O BASE 10.03 4 EA 40 52030010 LIGHTNING ARRESTOR CONN.STRIP 6.32 4 EA 25 52042650 POST, MOUNTING, FOR SHUNT HOUSING 19.50 6 EA 117 52068650 TERMINAL, #6 - 5 WIRE - RING TYPE 0.16 55 EA 9 52070010 TERMINAL,#12-10 WIRE,RING TONGUE 0.22 300 EA 66 52071600 TERMINAL,#20-16 WIRE,RING TONGUE 0.09 150 EA 14 52072280 TERMINAL BLOCK, SIGNAL 2 POST BAK 4.44 23 EA 102 52072740 TERMINL BLOCK,SIGNAL 12 POST 6 UN 15.85 1 EA 16 52072960 TERMINAL BLOCK, SIGNAL 12 POST 15.35 12 EA 184 52074570 TEST LINK, 1" CENTER TO CENTER 1.53 22 EA 34 52074580 TEST LINK. 2-3/8" CENTER TO CENTE 1.89 1 EA 2 52079550 WIRE TAG, PLASTIC - WHITE 0.14 100 EA 14 52079560 MARKING PEN(FOR WHITE TAG) 1.95 1 EA 2 52109370 GATE ARM, ADJ.16-32' 428.34 1 EA 428 52122140 HIGH WIND BRACKET 5"OR 4" 65.69 1 EA 66 52126300 LED LGHT RTRFT KIT 12" UP260T12/W 93.03 20 EA 1861 52136470 SHEAR PIN, SK-1000-1 5.50 1 EA 6 52258500 MULTIEREQ.NBS 267-560 TAB641A PAR 522.99 1 EA 523 52258590 NBS, TAB 641, 62775-1543 392.78 2 EA 786 52263600 SURGE ARRESTOR,METER LOOP. 30.87 1 EA 31 52745833 RELAY, TAB 884, NEUTRAL, A62-277 299.20 1 EA 299 52773800 RELAY BRACKET_HOLDS 2 B1 RELAYS. 81.98 1 EA 82 52776370 RELAY PLUGBOARD,ORS B1,TAB 900 30.67 1 EA 31 52777970 FLAG TERMINAL, FOR GRS, 14-10 2.17 15 EA 33 52778110 FLAG TERMINAL, FOR GRS, 20-16 1.58 15 EA 24 52779280 RELAY TEST TERM,GRS B1 6.42 1 EA 6 53311490 EXTRACTOR FOR "B"TERMINALS P3-308 9.13 1 EA 9 53311510 TEST NUT WRENCH. GRS #P3-320 33.01 1 EA 33 53648010 INSULATING CAP & SHIELD ASSY. 2.34 4 EA 9 53903460 EPD 120/240TDFL SURGE PROTECTOR 276.21 1 EA 276 53954500 180429-000 BOOTLEG KIT 50.58 5 EA 253 1 FORM 30-I PAGE 06 MORE WORK ORDER AUTHORIZATION-DETAIL OF ESTIMATED EXPENDITURES PROJ NO: 60427 A.W.Q. NO; 85613 W.O. NO: RAILROAD: UPRR CO. B.I. NO: 08E1110 LOCATION: SPOKANE,WA,PINES ROAD,SPOKANE SUB. STATE: WA DEPARTMENT: ENGINEERING SERVICES VAL SEC: 4501 TOTAL 25,794 FORM 30-1 PAGE 07 MORE WORK ORDER AUTHORIZATION-DETAIL OF ESTIMATED EXPENDITURES PROJ NO: 60427 NO: 85613 W.O. NO: RAILROAD: UPRR CO. B.I. NO: 08EN10 LOCATION: SPOKANE,WA,PINES ROAD,SPOKANE SUB. STATE: WA DEPARTMENT: ENGINEERING SERVICES VAL SEC: 4501 JOB ACCT UNIT TOTAL CHRGABLE TO NO. NO. DESCRIPTION QTY UM COST LABOR MATERIAL P.1. O.E. OTHER !VAL SEC: 4501 ! I ! I 1 1 ! I f** NON JOINT FACILITY **I ! I ! ! 1 ! ! ** MAIN LINE ** ! r ! ! ! ! ! ! 1 ! 709 i ENGINEERING I f f ! 59561 SIG-HWY XNG W/C 34001! f ! ! 4821! ! ! ! ! ! LABOR ADDITIVE 167.76% I I I ! 17997! ! ! I !709-0021-00010 JOB TOTAL ! I ! ! 28774! ! ! ! 28774 6 ! 027 1 SIGNAL ! l ! ! ! 25790! SIG-HWY XNG W/C 34004! 192 MD ! 40963! 1 ! ! ! ! BILL PREP ! ! ! ! 900! ! ! ! 1 l PERSONAL EXPENSES I I ! I ! 23190! I ! ! ! ROCK/GRAVEL/FILL ! I ! ! ! 3000! ! ! ! ! CANTILEVER FND. REMOVAL! ! ! I 50001 ! ! 1 i FLAGGING ! ! ! ! ! 10000! ! ! 1 ! NON STOCK GATE ASSFM. I ! 1 ! ! 80001 ! ! METER SERVICE I ! f I ! 50001 ! ! ! 1 TRANSP/IB/OB/RCLW CONTRI ! ! I ! 6397! ! ! ! ! CONTRACT - I ! I ! I 25791 1 ! 1 ! MATL STORE EXPENSE ! ! ! ! I 4! ! ! ! ! SALES TAX ! ! ! I ! 10311 ! ! ! ! LABOR ADDITIVE 167.76% ! ! ! ! 70229! ! L ! 709-0021-00010 ! ! JOB TOTAL ! ! ! ! 112092! 89991! 1 ! 202083 8 1 709 1 FEDERAL/STATE ! 1 ! ! 1 ! ! ! i ! SIGNAL ! l I ! ! ! I ! SIG-HWY XNG W/C 34007! 10 MD ! 2123! ! ! ! i S LABOR ADDITIVE 167.76% I I I l 35611 I ! ! ! 1 ! ! ! I ! ! ! ! 1 ! ! ! 1 ! I 709-0021-00010 1 ! JOB TOTAL I I 1 ! 5684! ! 1 ! 5684 1 ! I ! ! k I • 1 ! 799 1 709 I ENVIRONMENTAL-PERMITS I ! ! ! l 1! ! I I ! ! ! ! ! ! I 1 1709-0021-00010 1 ! JOB TOTAL 1 I I 1 ! 1! I ! 1 FORM 30-1 PAGE 08 MORE WORK ORDER AUTHORIZATION-DETAIL OF ESTIMATED EXPENDITURES PROS NO: 60427 A.W.O. NO: 85613 W.O. NO: RAILROAD: UPRR CO. S.I. NO: 08EN10 LOCATION: SPOKANE,WA,PINES ROAL,SPOKANE SUB. STATE: WA DEPARTMENT: ENGINEERING SERVICES VAL SEC: 4501 JOB ACCT UNIT TOTAL CHRGABLE TO NO. NO. DESCRIPTION QTY UM COST LABOR MATERIAL P.I. O.E. OTHER I ! ! I I I I I ! ! ! ! ! ! I I I 1 ! ! ! I I 1 E I I ! ! I ! ! ! ! 1 I 1 1 ! I I ! ! 1 ! I I I ! I I ! r ! I I 1 1 ! 1 I ! ! I I 1 1 1 1 1 1 ! 1 ! I 1 1 I ! I I 1 I I ! 1 I ! s ! 1 1 1 1 1 1 ! ! 1 I I I I I I I 1 I i I I 1 1 ! I I I I I I I I I f ! I 11 1 I 1 I 1 1 I I I I 1 ! s 1 1 1 ! 1 1 ! I 1 ! I I I ! I 1 I ! I 1 I ! I 1 I I I I I 1 ! 1 ! ! I I I I ! 1 1 1 I ! I I I I I ! 1 I 1 I 1 I I 1 1 1 s I ! I 1 1 I ! I ! I I 1 1 ! I I I I 1 I I I I I ! ! I I I I I ! ! I 1 -- I I I 1 I 1 1 ! 1 I I I I I I I ! ! 1 l 1 I I I I I I ! ! I I I I ! ! I I ! I I I I 1 I I I 1 ! I ! ! I I I I I i ! I I I I I I f ! I ! 1 I I I ! I ! I ! ! ! I I I I I I ! I 1 1 I I 1 1 ! 1 I I I I I ! I I I ! I I !PROJECT TOTALS 60427 1 11 ! 146550! 89992! I I 236542 FORM 30-1 PAGE 09 MORE WORK ORDER AUTHORIZATION-DETAIL OF ESTIMATED EXPENDITURES PROJ NO: 60427 A.W.O. NO: 85613 W.O. NO: RAILROAD: DPRR CO. B.I. NO: 08EN10 LOCATION: SPOKANE,WA,PINES ROAD,SPOKANE SUB. STATE: WA DEPARTMENT: ENGINEERING SERVICES VAL SEC: 4501 JOB ACCT UNIT TOTAL CHRGABLE TO NO. NO. DESCRIPTION QTY UM COST LABOR MATERIAL P.I. O.E. OTHER ! ! 1 1 ! I ! ! ! ! ! 1 1 1 1 ! 1 1 1 ! • I I I ! ! I I I ! I ! ! I ! ! ! 1 ! I 1 ! I ! ! ! S S I ! ! I I I 1 - ! ! l ! ! ! ! ! ! 1 ! 1 I • I ! f ! I 1 ! I • I I S I I I ! I ! 1 I 1 ! I ! l ! ! • 1 ! 1 I 1 I ! ! S '. l I I I ! ! 1 I ! 1 1 ! ! l 1 1 1 ! 1 1 1 I I I ! I ! ! ! 1 I I 1 i ! ! ! ! 1 ! ! ! ! ! I 1 ! ! ! ! I I ! ! ! I ! 1 ! I ! I 1 I I ! ! 1 I 1 I I I I . 1 I 1 1 ! ! I 1 ! I I 1 1 ! 1 ! 1 1 I 1 1 1 I 1 1 1 1 ! I 1 I I 1 1 ! 1 ! I I I 1 I I F I I I 1 1 ! 1 I 1 1 ! 1 1 1 ! 1 ! ACCT 709 SUBTOTAL ! I• 1 l ! ! 1 236542 1 ! 1 S 1 I ! 1 I 1 I 1 ! 1 I I 1 ! 1 1 ! ! 1 I I ! 1 ! ! ! ! ! ! I 1 1ESTIMATE TOTALS ! 1 1 ! 146550! 89992! ! ! 236542 ESTIMATED BY: ESRV241 CID#: 223253 00 TOTAL ESTIMATED EXPENITURES: $236,542 DATE: 11-02-2011 APPROVED BY: APPROVED BY: 1 FORM 30-2 PAGE 10 LAST WORK ORDER AUTHORITY-DETAIL OF ESTIMATED CREDITS PROS NO: 60427 A.W.O. NO: 85613 W.O. NO: RAILROAD: UPRR CO. B.I. NO: 06EN10 LOCATION: SPOKANE,WA,PINES ROAD,SPOKANE SUB. STATE: WA DEPARTMENT: ENGINEERING SERVICES VAL SEC: 4501 JOB ACCT - LEDGER NO. NO. DESCRIPTION SALVAGE VALUE !VAL SEC: 4501 ! ! ! ! 4 I ** MAIN LINE ** 1 1 ! ! ! 1 360 RET. SIGNAL ESTIMATED CREDIT TO 'RESERVE FOR ROAD PROPERTY TO BE RETIRED AND REPLACED' $ ESTIMATED CREDIT TO 'RESERVE PROPERTY RETIRED AND NOT TO BE REPLACED' $ ESTIMATED CREDIT TO 'EQUIPMENT RETIRED' $ ESTIMATED CREDIT TO $ ESTIMATED BY: ESRV241 CID#: 223253 000 DATE: 11-02-2011 APPROVED BY: APPROVED BY: AREMA UNIT STATEMENT OF RAILROAD HIGHWAY GRADE CROSSING SIGNALS ESTIMATED MAINTENANCE COSTS FOR PID #60427 PM BUIL.011410 AM R1+:AV BY THE UNION PACIFIC RAILROAD STREET PINES RD. TOWN SPOKANE WA. , MILEPOST 8.95 SUBDIVISION SPOKANE AAR/DOT NO. 6625195 WORK ORDER# 85613 DESCRIPTION UNIT VALUE QUANTITY UNITS NON-CODED TRK. CIRCUIT,(Standalone APTAC or Ring 10) 2 0 0 SUPERIMPOSED CIRCUIT(AFTAC)/DETECTION LOOP 2 0 0 HIGHWAY GRADE CROSSING SIGNAL 2 1 2 (ONE PAIR OF FLASHING LIGHTS) ADDITIONAL PAIR OF LIGHTS 1 1 1 GATE MECHANISM,AUTOMATIC 8 1 8 WITH ARM UP TO 26 FT GATE MECHANISM,AUTOMATIC 10 0 0 WITH ARM OVER 26 FT GCPIIIXP(Constant warning der ice,per track circuit) 15 1 15 EXIT GATE MANAGEMENT SYSTEM RACK* 10 0 0 MOVEMENT DETECTOR(PMD) 6 0 0 MOVEMENT DETECTOR(STANDBY UNIT) 3 0 0 RADIO DATA LINK,PER UNIT 1 0 0 PREEMPTION CIRCUIT 2 0 0 DATA RECORDER 1 0 0 REMOTE MONITORING DEVICE* 2 1 2 BONDED RAIL JOINTS (per mile,each rail,single heeded) 1 0 0 BATTERY AND CHARGER(per set) 1 2 2 TOTAL UNIT COUNT 30 PAVEMENT RESTORATION COSTS (Actual) ,Mutual Maintenance Cost at SI70/Unit $5,100 *UP supplied Unit Value November 3,2011 O O CONNECTS TO DRAWING 8.54 64 NBS TO FISH LAKE 2156'25.5 SEC.C 49 M.P.H. MONTGOMERY DR. M. 954 N8S 522-Iz 4 011 50' 014 FIELD VERIFY DISTANCE NBS 5 A04a A050 Q I 20B1'•/ --N r 6" 15" =7 n 7 0 3 4 5 6 4' 66'6' 25' 50' POK 6'26' 4-30'-41 0 N i NOTES: ®=TWISTED WIRES INSULATED 1 TWIST PER FT. ALL TRACK WIRES 2C..6 TRANSMITTER ANO RECEIVER LEADS TO BE SEPARATED BY AT LEAST 12'1N TRENCH. LENGTHS SHOULD NOT EXCEED MANUFACTURES RECOMMENDATION. TOP OF FOUNDATION TO BE AT SAME ELEVATION AS THE SURFACE OF THE TRAVELED WAY & NO MORE THAN 4'ABOVE THE SURFACE OF THE GROUND. ALL BUNGALOW WIRING TO BE •16 AWO FLEX UNLESS OTHERWISE SPECIFIED ExCEPT ALL GROUND WIRE TO BE '6 AWG FLEX OR LARGER. ALL WIRING IN GATE MECHANISM TO BE '10 'AWG FLEX". REFER TO UP STANDARD DWG FOR BUNGALOW GROUNDING. PORTABLE GENERATOR EXTENSION LORD FOR 240V TO 240V 15 PROVIDED AS WELL AS A 120V TO 240v ADAPTER. ALL LIGHTS TO BE 12.ROUNDELS. 4'x 130'CONOULT LIGHTS[ LED LIGHTS GATE As 22' GATE Be 28' CANT C:28' CANT 0,28' GATE E:21' ■. =BELL 348HZ 8.3 km2 VISI+ O YEINI JR 06-20-00 HLF.E.05613 2 9 16 7 0 a. 3 4 8' CONN. SHY.3 CABLE TABULATION "B" 15• Veei- 6"❑nq AL I 1 TO EASTPORT 2156'25.5 SEC.C 49 M.P.H. IFIELO VERIFY 015TANCE FROM L HOUSE TO ROAD ANO RAIL. I APPROACH TO 25' MIRABEAH 9 70KWY• .P. 8054 A052 NBS 525HZ N&5 CONSTRUCTION NOTES, L CANTS 'C'AND b'ARE EXISTING.RELOCATE CANT Y'TO OTHER SIDE OF GATE 2.CANT 'C"WILL BE MOVED 8'WEST. 3.ORDER PART. 520-2524 FOR SIGNAL HOUSE. SHOP TO WIRE FOR MSM 70 SUPPLY GCP4000. BATTERIES ANO RECTIFIERS. 4_EXTRA MONEY NEEDED FOR RENTAL OF EQUIPMENT TO REMOVE POuREC FOUNDATION. 5.INSTALL NEW GATE 'E' CABLE NO.10 TO TRAFFIC CONTROLLER .ODrFI CAT ON LL WEL 0.A. LAST LEVEL CHECKED LAST LEVEL rtO THIS TYPICAL LAST LEVEL 00 OESI CNER CHANGED FROM TYPICAL? SL PI.N «II I 00 00 00 LJ41 C♦N 60CIF'I0 SIGNAL DESIGN O ES. 755 010. 775 CHIC. CJB • 05613 10'.823895.LX NEW SHEET CONNECTS TO DRAWING 9.70 SIMULTANEOUS PREEMPTION INTERCONNECTION TO TRAFFIC CONTROLLER SPOKANE.WASHINGTON PINES ROAD M.P.B.95 SPOKANE SUBDIVISION 13.0.7.'662 519S UNION PACIFIC RAILROAD SPOKANE.WASHINGTON HIGHWAY CROSSING SIGNALS CONTROL CIRCUITS 0rr1n.or$..w C-oI.'..•mo-5...11100 It..p_0.0..-p. DATE 6-20-00 SHEET 1 pvp 8.95 B-4823 __,\L_P\l775l7S\4123095.1, 11/2/2011 10'47',75 40 �3 fiu:sr,�IIi4 '' �.. Y � ay 7.5� ( F a ,- �1 S A I OF NEBRASKA 1' -� Dave Heineman .__ 1)r� A)t€i€VNT 4�t f2qu), NV ;,r g (.iurreinur' lolm l C.rat *1.". , .\Y,' E4i) 1'70-1325° December 27, 2007 To: All State Transportation Agencies with Union Pacific Railroad Company (UPRR) Trackage Subject. FHWA Approval of Union Pacific Railroad Company January 1, 2004 Additive Rates On December 26,2007, FHWA approved Union Pacific Railroad Company's 2004 Billing Rates for Labor Surcharges,Overhead and Indirect Construction Costs,Equipment Costs and Force Account Insurance. Union Pacific has been notified of the approval and has been requested to update their billing procedures to reflect these new rates. FHWA's approval was based upon a review performed by the Nebraska Dept. of Roads. Copies of the review, Report No.2008-12,and FHWA's December 26,2007, approval letter are included with this transmittal.You will find the approved rate schedules in PART II of the report.Please pass this information on to the appropriate administrative and rail agreement officials within your agency. All State Transportation agencies are expected to reimburse the Railroad for the Labor Surcharge cost components(Section 1 in Schedules A and B).The Overhead and Indirect Construction Costs(Section 2 in Schedules A and B),are allowable under 23 CFR 140.907,but your Agency is not required to reimburse the Railroad for these cost components. Since reimbursement of these costs is voluntary, we ask that you inform Union Pac f c of your intentions and identib,which, if any, cost components you will reimburse. New,for 2004,was the addition of Equipment Additive rates,in lieu of billing direct hours/miles of use.These rates are only applicable for labor performed by personnel within the Maintenance of Way—Agreement labor cost pool.For work that involves signal or flagging labor,the Vehicles, only rate should be used. For work that involves track labor,the Vehicles,Machines&Work Equipment rate should be used. Also,a change was made in the Transportation Depatlrfient's TE&Y—Road labor group. Occupational training labor costs were moved out of the Labor Surcharge—Other Benefits line and moved into the Supporting Costs— Transportation Department Specific—Employee Safety/Training line. If you have any questions,please contact me at 402-479-4558,or Al Sand at 402-479-4403. • Jim Dietsch,Highway Audit Manager Controller Division—Audit Section Nebraska Dept.of Roads PO Box 94759 Lincoln,NE 68509-4759 SHA Distribution: 1. Arizona 2 Arkansas 3. California 4. Colorado 5. Idaho 6. Illinois 7. Iowa 8. Kansas 9. Louisiana 10. Minnesota 11. Missouri 12. Montana 13. Nebraska 14. Nevada 15. New Mexico 16. Oklahoma 17. Oregon 18. Tennessee 19. Texas 20. Utah • 21. Washington 22. Wisconsin 23. Wyoming Copy: Union Pacific Railroad • Nebraska Division FHWA—Lincoln • Attachments: NDOR Review Report No.2008-12 December 26,2007,FHWA Approval Letter • t00 Centennial Mall North Room 220 ea Lincoln. NE 68508-3851 Nebraska.FI-IWA @FHWA.[JO`t.GOV us DelxvimeN of Trnnspa(tol pn Federal Highway AdmInIstrallon December 26, 2007 In Reply Refer To NEBRASKA DIVISION FHWA HAD-NE Mr, Jim Dietsch • Highway Audit Manager Nebraska Department of Roads PD Box 94759 Lincoln, NE 68509-4759 Dear Mr. Dietsch, Your letter of October 1, 2007 requests, in accordance with 23 C"FR I=40,906(b)( I)(iv). Federal Highway Administration (F'T.l\t.%J1) review and approval of Union Pacilie Railroad Company Labor Additive Rates effective as of January I. 2004_ The request is supported by Nebraska Department of Roads (NDOR) Review Report No. 2008-12. A review of the attached report has been completed. FT TWA funds the review and labor additive rates acceptable and approves their use effective January 1, 2004. FHWA is requesting a copy of the NDOR approval notification letter when it is sent to Union Pacific Railroad Company for our files. in conjunction with your notification to the twenty-three State 'transportation Departments listed in your letter, we will forward copies of the review and appropriate correspondence to the LUWA Division Financial Manager in each state. Please contact me at (402) 437-5966 if you have any questions. Sincerely yours. 1 -)-a i L 7 Richard L. Kuzelka'�� Transportation Finance Manager 4�i �r 4� .:-,44,4r. ; ' '-'' MENU ,..„..._...._........ . . . REVIEW OF UNION PACIFIC RAILROAD COMPANY 1400 DOUGLAS STREET OMAHA,NEBRASKA 68179 ADDITIVE RATES FOR LABOR SURCHARGES OVERHEAD and INDIRECT CONSTRUCTION COSTS FORCE ACCOUNT INSURANCE, and EQUIPMENT COSTS This report is prepared for use of Nebraska Department of Roads administration officials. Final determinations establishing the official position of the Nebraska Department of Roads on the matters reported herein are made by these officials. Date Issued: October 3, 2007 Nebraska Department of Roads Controller Division-Audit Section Report No. 2008-12 Approved: kilt_ ,� t ,amen A. Dictsch Highway Audit Manager Report No. 2008-12 PART I - SCOPE AND OPINION A. Scope of Review We have reviewed the January I,2004 additive rates for Labor Surcharges,Overhead and Indirect Construction Costs, Force Account Insurance,and Equipment Costs of the Union Pacific Railroad Company(UPRR).The rates were based on 2004 calendar year costs and are the responsibility of the UPRR. Our responsibilities were to provide reasonable assurances that the rate methodology was reasonable,that cost components and labor bases were representative of actual allowable costs or cost estimates in accordance with 23 CFR,Part 1401 and 646B,and Title 48 of the Code of Federal Regulations,Chapter 1, Subpart 31.2,Contracts with Commercial Organizations(48 CFR 1-31.2),and that the rate computations were accurate. Our review procedures included examining,on a test basis,the evidence supporting the rate computations. We believe the tests and procedures that we used in our examination provided a reasonable basis for our conclusion. B. Conclusions and Recommendations Our review indicates the Union Pacific's rates are based upon a reasonable methodology,that they were representative of actual eligible costs or cost estimates,and that the computations were accurate. We recommend that the rates shown in PART II—SUMMARY SCHEDULES of this report be accepted by the Federal Highway Administration for use on Federal and State Highway project billings. Reimbursement of the Overhead and Indirect Construction Costs components is also subject to State Agency approval. According FAPG 23CFR 140.907, State's have the opportunity to"elect"to reimburse the railroad company for these costs. As a result,each State will have to determine the extent to which they wish to participate in these costs and notify the Railroad accordingly. C. Comments The equipment additive is applicable to Maintenance-of-Way Agreement labor,only.The additive cost pool includes short and long term leases,taxes,depreciation,maintenance,repairs,and fuel, for both company owned and company leased vehicles,equipment and machinery.The cost pool also includes reimbursements to UPRR employees for automobile rentals and use of personal vehicles.When the additive is used on project billings,there should be no direct charges for the types of expenses included in the cost pool. If a Contractor performs work on a project,charges for their vehicles,equipment,machinery and operators will continue to be billed as a direct cost to the project. The Vehicle rate portion of the Equipment additive should be applied to signal and flagging labor.The Combined Vehicle,Machines/Work Equipment rate should be applied to track labor. Bill Clerk time is included within the Clerical Supervision and Benefits line item of the MofW Department Support Cost component.For Agencies that reimburse the Union Pacific for the Clerical Supervision and Benefits line item cost,Bill Clerk time should not be billed or allowed as a direct cost item.For Agencies that have chosen not to reimburse the Union Pacific for this line item cost,Bill Clerk time would be allowable as a direct cost and the MofW-Agreement labor surcharge would apply. In the TE&Y—Road labor group,we moved occupational training labor costs out of the Labor Surcharge—Other Benefits line item and placed it in the Supporting Cost—Transportation Department Specific—Employee Safety/Training line item. It is Union Pacific management's responsibility to negotiate with each State Agency regarding reimbursement of these costs. The results of this review have been discussed with representatives of the Union Pacific Railroad.They have agreed to accept the rates as shown in the PART II-SUMMARY SCHEDULES. D. Applicability Use of these rates for billing purposes is contingent upon approval by the FHWA. Upon their approval,the rates should be applied to labor costs incurred in 2004 and after,under those actual cost agreements where final payment to the Company has not been made. The rates should remain in effect until a subsequent rate has been approved by FHWA. This report is intended for use by the Union Pacific Railroad Company,the Federal Highway Administration and the State Transportation%Highway Agencies or equivalent agencies in the States where UPRR operates and is not intended to be used by anyone other than those specified parties. • - 1 - Report No, 2008-12 • PART II-SUMMARY SCHEDULE A. Schedule of Maintenance of Way Additive Rates Effective January 1, 2004 Based upon costs for the year ending December 31, 2004 Agreement-Labor Non-Agreement- Labor Line Item Cumulative Line Item Composite Rate Total Rate Rate 1.Labor Surcharges per FAPG 23CFR 140.906(b): a. Payroll Taxes 24.60% 17.51% b. Health&Welfare 25.74% 16.91% c. VacationlSick/Holiday/Pd Leave 10.79% 5.58% d. Other Benefits 1.85% 9.43% Labor Surcharge Total 62.98% 62.98% 49.43% 49.43% 2.Overhead and Indirect Construction Costs per FAPG 23CFR 140.907: a. Supporting Costs 1. MofW Department Specific (a)-Clerical Supervision and Benefits 4.62% 4.62% (b)-Non/Agreement Supervision and Benefits 14.65% 14.65% (c)-Supplies and Services ( 1 )-Small Tools and Supplies 2.18% 2.18% (2)-Miscellaneous Material 2.15% 2.15% (3)-Stationary&Office Supplies 0.46% 0.46% (4)-Industrial Gases 0.12% 0.12% (5)-Radios, StatioNYard Supplies, etc. 1.14% 1.14% (d )-Utilities/Phones 3.63% 3.63% (e)-Employee Safety/Training 0.94% 0.94% Sub-total for MofW Department Specific Costs 29.89% 92.87% 29.89% 79.32% 2. Allocated/Other Departments (a)-Operating Department Support Costs 10.09% 10.09% (b)-Bonuses 0.10% 0.10% (c)-Stock Options 1.25% 1.25% (d)-Undistributed Costs 2.15% 2.15% (e)-Finance 2.54% 2.54% (f)-Human Resources 2.20% 2.20% (g )-Information Technology 6.96% 6.96% (h)-Labor Relations 0.49% 0.49% (i) -Depreciation Office/Computers 3.06% 3.06% (j )-Property Tax 0.23% 0.23% Sub-total for Allocated/Other Departments Costs 29.07% 29.07% Total 58.96% 121.94% 58.96% 108.39% b. General Administration 6.31% 128.25% 6.31% 114.70% 3.Force Account Insurance 16.00% 16.00% 4.Equipment Costs a. Vehicles, only- For use with Signal and Flagging Labor 23.51% n/a% b. Vehicles, Machines&Work Equipment-For use with Track Labor 60.34% n/a % -2- • Report No. 2008-12 PART H--SUMMARY SCHEDULE B. Schedule of Transportation Additive Rates Effective January 1, 2004 Based upon costs for the year ending December 31, 2004 Tran Supv-Agreement TE&Y-Road Labor Line Item Cumulative Line Item Composite Rate Total Rate Rate 1.Labor Surcharges per FAPG 23CFR 140.906(b): a. Payroll Taxes 24.84% 27.09% b. Health&Welfare 19.89% 28.46% c. Vacation/Sick/Holiday/Pd Leave 12.34% 16.50% d. Other Benefits 4.98% 8.32% e. Protection/Guarantee Pay 13.53% 0.00% Labor Surcharge Total 75.58% 75.58% 80.37% 80.37% 2. Overhead and Indirect Construction Costs per FAPG 23CFR 140.907: a. Supporting Costs 1. Transportation Department Specific (a)-Clerical Supervision and Benefits 8.41% 8.41% ( b)-Non/Agreement Supervision and Benefits 12.52% 12.52% (c)-Supplies and Services ( 1 )-Small Tools and Supplies 0.00% 0.00% (2)-Miscellaneous Material 0.48% 0.48% (3)-Stationary&Office Supplies 1.56% 1.56% (4)- Industrial Gases 0.00% 0.00% (5)-Radios,Station/Yard Supplies, etc. 0.64% 0.64% (d)-Travel 0.69% 0.69% (e)-Utilities/Phones 2.12% 2.12% (f)-Employee Safety/Training 4.60% 4.60% (g)-Transportation/Lodging-(TE&Y Labor only) 12.24% n/a% ( h)-Engineer/Trainman Reserve Allowance(TE&Y Labor Only) 0.20% nfa%q Sub-total for Transportation Department Specific Costs 43.46% 119.04% 31.02% 111.39% 2. Allocated/Other Departments (a)-Operating Department Support Costs 9.75% 9.75% (b)-Bonuses 0.07% 0.07% (c)-Stock Options 0.93% 0.93% (d )-Undistributed Costs 2.08% 2.08% (e)-Finance 2.45% 2.45% (f)-Human Resources 2.13% 2.13% (g)-Information Technology 6.73% 6.73% (h)-Labor Relations 0.48% 0.48% (i ) -Depreciation Office/Computers 2.96% 2.96% (j )-Property Tax 0.22% 0.22% Sub-total for Allocated/Other Departments Costs 27.80% 27.80% Total 71.26% 146.84% 58.82% 139.19% b. General Administration 6.10% 152.94% 6.10% 145.29% 3.Force Account Insurance 16.00% 16.00% 4.Equipment Costs a. Vehicles n/a% n/a % b. Machines/Work Equipment n/a% n/a% -3- N r RAILROAD LOCATION PRINT I''-.*aa+ °E OF AN EXISTING AT-GRADE PUBLIC ROAD CROSSING if SIGNAL IMPROVEMENT PROJECT s ',..._,-..---,=--'""' v, ....,,,,_1::,-,-,:c:-,---:„,--ii-- ' ' ' - t===,....=.=_____... __,,, li -r,-- A if--..>`'.2:-A---"..":(--,--- r---- p-------0 -----0 ,-- N a . a. -iii _.I � ''�� r`v _ � =LJ - � r;► Pines Road-DOT#662-9195 F w Lta--°1 (RR MP 8,91 -Spokane Subdivision , ,f = �� to)Ft_D ` `Existing At-Grade Public Road Crossing 5 i1 1 �_ ' �,,,k Signal Improvement Project ""i _�A- -� E /71C 9 _ E SHANN4ht AAVX_ _V 1-+-I- - I x--r I '--4-4-4--1=1"- }—}-;±- Spokane Subdivision o �.. O _° 1 J .,z ---_-_,,_„91 .-�:..„IN©. NAAVe----= n- a��Jyq �[1�� (QE,,( 90 ."° " `�,.° j ; , 94 .E � ❑' t t s 1 VtI E NORA T1YC L i --------,..,),T .: — fk i!. z ------, vM ,- y -/-- pi E AtIGIJS'A:AVE ! t a E MISSIONNAAVE ____J _Gt-.-, _, E MISSION A iE _.1 li i; z ) <E't xf -- Ir E MAXWELL AVE _ �!! , I ID : A 1 �, a ------i p i, E SINTO AUE 1 Iii _a1 in 1 Iu? :._,_-� -a I E 6t3t tE AVE„___ �` a U, z, › __ tr�ml 3s oLr-v -1, I ice I S_METAVE, 4 1 ZI Z _, m .iii A�i'AV x �'. iI I E CATALI)4 LN 1 1 = 70 I`Y; 41_E CATALDO AVEj # - I,- - � I ', CATAEDO AVE,1 a¢ 1-73— 4 I ;--. l 2 ? E:MALLON CT 1 l ii r-z I{: II ° I rl C; I� II' _. 11 ,f iI IF- , i it ,I DELORM * IN #t Data use subject to o NM (0 2007 DeLanro.Street Atlas LISA®2008. 1000 www.clelonne.com 4(15.5°E) Data Zoom 13-0 RAILROAD WORK TO BE PERFORMED: EXHIBIT "A” I. Install automatic flashing light crossing signals with gates and UNION PACIFIC RAILROAD COMPANY upgrade cantilevers and LED lights. 2. Engineering Design review&Flagging. SPOKANE SUBDIVISION MILE POST 8.91 GPS:N 47°40.5515',W 117° 14.3948' SPOKANE VALLEY,SPOKANE CO.,WA. Railroad Location Print of an existing at-grade public road crossing signal improvement project with the CITY OF SPOKANE VALLEY. Folder No.717-64 Date:January 17,2011 WARNING IN ALL OCCASIONS,U.P.COMMUNICATIONS DEPARTMENT MUST BE CONTACTED IN ADVANCE OF ANY WORK TO DETERMINE EXISTENCE AND LOCATION OF FIBER OPTIC CABLE. PHONE: 1-(800)336-9193 Exhibit A Railroad Location Print Of F. 4S9 FAtzt AGREEMENT covering reconstruction Property Department of the Pines Road grade crossing of Deed No. 14227 the Railroad' s main line at MP 8. 95, including installation of automatic RR WOP No. SI-91 grade crossing warning devices, near Trentwood, Spokane County, Washington PLD 120-18-38.7 8001:5.0251 • n THIS AGREEMENT is made as of the 30Zt day of 1977, by and between the SPOKANE INTERNATIONAL RAI OAD COMPANY, a Washington corporation (hereinafter called "Railroad") , and SPOKANE COUNTY, a municipal corporation of the State of Washington (hereinafter called "Second Party") . ARTICLE I. DESCRIPTION OF PROJECT. (1) Second Party, with the aid of Federal funds, has undertaken as its "project" , the reconstruction, widening and improvement of its public highway known as Pines Road at the Railroad' s main line at railroad milepost 8. 95, near. Trentwood, in the County of Spokane, State of Washington, including the installation of automatic grade crossing warning devices. That portion of the public highway upon, over and across the Railroad's right of way and tracks, including the approaches thereto, is hereinafter called "highway" . The highway and the Railroads right of way and facilities- are depicted on print D-6085 dated March 22, 1977, attached hereto, marked Exhibit "A" , and by this reference incorporated herein. (2) Second Party has applied to the Washington Utilities and Transportation Commission for authority to proceed with Second Party's project in WUTC docket No. TR-996. (3) The highway crosses the contiguous rights of way of the Railroad and Burlington Northern Inc. in the loca tion shown on Exhibit "A" . The work to be performed by .the Railroad includes the relay and rehabilitation of the Railroad's trackage throughout the crossing area, the installation of a seventy- . eight--foot True Temper T-Core structural crossing, and the ti installation of automatic cantilevered flashing light signals and gates activated by motion sensing devices on the northwest side of the Railroad' s right of way, together with interconnecting circuitry (hereinafter collectively called "warning devices") to interconnect said warning devices with cantilevered flashing light signals and gates activated by motion sensing devices on the southeast side of the right of way and tracks of Burlington PILED OR AMBIT' EDI - 1 - m Lev 10377 JAI! 25 3 30 PH 1811 TO SPuttAtiE uOUN11,WASiL. , ck Kt"489 rME • Northern Inc. , which said signals and gates shall also be interconnected by circuitry with the Railroad's warning devices. Second Party, by separate agreement with Burlington Northern Inc. , shall impose on Burlington Northern Inc. responsibility for the operation and maintenance of the warning devices and interconnecting circuitry to be installed by Burlington Northern Inc. , and the Railroad shall be a third party beneficiary of that agreement. ARTICLE II. •RIGHTS GRANTED. (1) So far as the Railroad lawfully may do so, the Railroad grants Second Party the right to construct, maintain, repair, renew and use said highway upon, over and across, and at common grade with that portion of the Railroad's right of way and tracks at railroad milepost- 8. 95 in the location tinted green on Exhibit "A" . (2) All said rights are granted subject to the terms, provisions, conditions, restrictions, limitations, covenants, reservations and exceptions contained in this agreement, including, without limitation, those set forth in Exhibit "B" attached hereto and by this reference incorporated herein; and Second Party, in the exercise of said rights and in the conduct of Second Party' s project, shall and will do, keep, observe and perform each and • all of said terms, provisions, conditions, restrictions, limita- tions, covenants, reservations and exceptions. (3) As just compensation for the rights granted, Second Party shall pay the Railroad the sum of $250. 00. ARTICLE III. CONSTRUCTION WORK TO BE PERFORMED BY RAILROAD. Attached hereto, marked Exhibit "C", and by this reference incorporated herein, is an outline of work and estimate of cost of construction work to be performed by the Railroad subject to reimbursement by Second Party pursuant to Section 4 of Exhibit "B" . ARTICLE IV. INSTALLATION AND MAINTENANCE OF WARNING DEVICES. (1) The Railroad shall install, and thereafter shall operate and maintain the warning devices as required by law. However, in the event that any existing or future 2 - 10377 • YG.,489 FAH 9 • legislation makes Federal, state or other public funds available for the operation, maintenance, repair or replacement of warning devices at grade crossings, the Railroad shall have the benefit and advantage of said funds for the operation, maintenance, repair or replacement of the warning devices installed pursuant hereto. Second Party shall utilize Second Party' s best efforts, in cooperation. with the Railroad, to secure said funds. This agreement shall be supplemented and amended as necessary for the operation, maintenance, repair and replacement of said warning devices to qualify for such funds. In the event one or more of the warning devices installed under this agreement are partially or wholly destroyed and its or their replacement value, or cost of repair, cannot be recovered from the person or persons responsible for such destruction; or if said warning devices cannot, through age, be maintained or require replacement by .. virtue of their obsolescence, the parties shall apply for and utilize to the maximum extent permissible, such Federal, state or other public funds as may be designated and available for the purpose, and the balance of said cost of repair or replacement shall be borne on a ratio of fifty percent ( 50%) Second Party and fifty percent (50%) Railroad. If the damage to said signals is caused by highway traffic, . Second Party will cooperate with the Railroad in determining the location and identification of the parties responsible to the extent of making accident records available. (2) If for any reason, said warning devices shall no longer be required at said grade crossing, and, in the opinion of the Railroad, they are not obsolete, the Railroad, on the approval of Second Party, may remove said warning devices and reinstall them at some other grade crossing under the jurisdiction of Second Party on the tracks of the Railroad. If no other such crossing is agreed upon or prescribed by public authority, said warning devices shall be salvaged and . 'Second Party credited with the value of the salvage recovered, less the cost of removal. If said relocation is agreed upon by Second Party and the Railroad, and prescribed by public authority, the division of costs of such relocation shall be agreed upon between Second Party and the Railroad prior .to such removal. If for any reason said warning devices shall • no longer be required at said grade crossing, and in the opinion of the Railroad said warning devices are obsolete, the Railroad may remove said warning devices and credit Second Party with the value of salvage recovered, less cost of removal. • - 3 - • 10377 . CUR. 489 FAH 10- • (3) In the event that either railway or highway • improvement will necessitate a rearrangement or relocation or alteration of the existing warning devices at said crossing and in the opinion of the Railroad they are not obsolete, the party whose improvement causes such changes shall bear the entire cost thereof without expense to the other party. • ARTICLE V. MAINTENANCE OF CROSSING SURFACE. (1) Second Party, at Second Party's own expense, shall maintain' all 'paving in the crossing area and approaches, except the paving between the rails and for a distance of one foot outside the outer rails. (2) The Railroad, at the Railroad's own expense, shall maintain the crossing surface between the rails and for • a distance of one foot on the outside, of the outer rails. ARTICLE VI. EFFECTIVE DATE. - This agreement shall become effective as of the date first herein written, or as of the date on which work on the said project is commenced, whichever is earlier. ARTICLE VII. SUCCESSORS AND ASSIGNS. • This agreement shall be binding upon and inure to the benefit of the parties hereto, their successors and assigns. • • • • - 4 -- • 10377 CFF.' 489 iiv:i ii YU. • IN WITNESS WHEREOF, the Railroad has caused -this . agreement to be executed. by its proper officers thereunto duly authorized, and Second Party has executed this agreement by its proper officers thereunto duly authorized by Resolution No. 77•-.-5/9 • SPOKANE INTERNATIONAL RA.ILRaA' '.. t ATTEST: COMPANY n .: 4-• Q: oi- z - 1. .41 -;2,,,A, By ,..._iW,.,.,4).-"e"- 0...,,,.„-," • ...,-:,., 0*,,,,-:.-. :. . As •rs, t Secretary ' Ge' era( Manage;•_, .,., 4;% . • SPOKANE COUNTY by and through its • Board of County Commissioners • By. . 1 Cha.rman • ' ••c' :f ' ATTES .: .�' r. > (Seal) By ! _.�. /':t � _._• , T ? _ . I Commissioner -6. ,-:....4.06117_,I.A..) BalgAd R.441-42:4;4 ÷...- (t. tle) • Commissioner (attach resolution) • APPS ,TED' AS T r _ _. . . . 4:21 thus 44/ J ,.) !1 Jk • - 5 - • 10377 • erF • nt. 489 rAra 12 . ,. BEFORE THE BOARD OF COUNTY COMMISSIONERS OF SPOKANE COUNTY, WASHINGTON RESOLUTION No.7 7 519 IN THE MATTER OF AGREEMENT WITH THE SPOKANE INTERNATIONAL ) RESOLUTION RAILROAD COMPANY WHEREAS, It is the intention of the Board of County Commissioners of Spokane County, Washington, to cause the improvement of Pines Road from Interstate 90 to Trent Road by grading, draining, construction of curb, gutter, sidewalk, asphalt concrete pavement and other work in connection therewith; and WHEREAS, This contemplated improvement will involve crossing of the Spokane International Railroad Company on Pines and improvement of the crossing by installation of signals, gates, and widening of the crossing which work will be done by the Railroad Company; and • WHEREAS, It is necessary that agreement be executed between the Railroad - Company and Spokane County covering this proposed work and the distribution of the cost therefor.. . • NOW, THEREFORE, BE IT RESOLVED By the Board of County Commissioners of Spokane County, Washington, that the agreement between the Spokane International;RailrOdd • Company and Spokane County, concerning the crossing of Pines Road is hereby approved and the Chairman of the Board is hereby authorized to execute the . agreements by and on behalf of Spokane County. PASSED AND ADOPTED By the Board of County Commissioners of Spokane County, Washington, this 19th day of May, 1977. • • • BOARD OF COUNTY COMMISSIONERS OF SPOKANE COUNTY, WASHINGTON • • JERRY C. KOPET, CHM. • HARRY M. LARNED HAY—'t.-- rirs4 ��6-�- ATTEST: VE NOd W. OHLAND . • OF TH ARD �• 12. 2 e'pl'e-& e/ BY DEPUTY • - - — - . 6} • }F?..489 rt 13 . ..p.:-..- . i` l . 5 - 0 • VACATED SHANNON R AO - R.R. R/ -r , '(:,ICS' 1` P.i `.4 PE.-:•::F�L:.`? !, SPOKANE LNTE.RNATIONAL R R. f TO SciolkostiE. . g • ,f B RtAN CON NORTHERN R.R.-- • R.R. R/v.1-+ _— -- C • Y... FREWes E WAY ovM S.NTRANCE \ „-. . . . . _ . . - .X : s "E 489 489 fr'E 14• e o r . 1 _ _ , r c S , ?5. 0 f .Z ' --- -- I • Z_ I�: N • - t . al . : . . LJ f • i 4 i i --- ,If°• 9HAt1,NON ROAR ) 11 .i _ ,.... t _ W . . Al j afLAX 111' E%I5T1NG 10 lb w/13 1 - I iza : :.....,:.,,,,,:„.., ,,_ ,., . . .i . _ — TO CC • Ke: ..a_. _. 77Ap ���� E L . p �~ ;W�71iL�ATEN(a 93� R1514 ii„PI ANA AVENUE t • — - -� --- - ■ •--FREEWAY Err . �� j SEC. ID 1 2.5 N. R44 E WM. • � U. I $. ;: :;:: 2 • .., ),Y --- --- - - — - - .. ■ _ E 085 • ( t 1 t - TIE'489 FACE 15 . •YC�I ---- - s. r i • • . • . t • r . . 1. - - • `o f G I£UR D'A.LENE- _ . _ _ o • �0 5E't.1O,T.2514.,R.4.4 E..ut.M: , .. ;4' EXHIBIT A• P SPOKANE INTERNA710NAL J1AILROAD • f - Nr. 7rentwood, Washington ' -- H. P. ti.95 • To accompany agreement with — _ _ _ Spokane County covering additional roadway rights and installation and maintenance of crossing protection at • • . Pines Road grade crossing. • --- Legend --- • install crossing and Yell crossing protection shown QIN u• • Rights for highway granted Snokane Cnunty shown- ---• • Green Off. of Dtvn, Engr. Albina, kiregon • scale: P. .. 5D' March 22, 1°77 . • :i% .•:*.: .'is• . VOL. 89 FAr€ 16 DL Section 1. RESTRICTIONS AND LIMITATIONS OF RIGHTS GRANTED. . (a) The rights hereunder are granted only insofar as- the Railroad lawfully may do so, and the Railroad makes no covenant or warranty of title, for • quiet possession or against encumbrances. Said rights are limited to use of the Railroad's property identified in Exhibit "A" and no other property; and Second Party, by virtue of this grant, shall not encroach upon, occupy or use any other property of the Railroad, and shall not permit others acting under Second Party's authority to encroach upon, occupy or use any other property of the Railroad. Second Party's use of said property and its maintenance, repair and renewal of the highway facilities thereon, shall be subject at all times to the safety measures set forth in Section 5 of this agreement. • (b) The rights granted to Second Party are only for the purposes specified and no others. Second Party shall not use or permit use. of•said property . or any part thereof for any other purpose. Without limiting the foregoing, Second Party shall not use or permit use of said property or any part thereof for railroad . purposes, or for gas, oil or gasoline pipelines. Second Party may construct lines on said property for the purpose of conveying electric power or communications incidental to Second Party's use of the property for highway purposes, provided such lines are constructed in accordance with the specifications and requirements of the Railroad and in such manner as not adversely to affect communication or signal lines of the Railroad or the Railroad's licensees now or hereafter located upon said property, No nonparty shall be admitted by Second Party to use or occupy any part of the Railroad's property for any purpose, except as specifically provided for herein, without the Railroad's written consent. Nothing herein shall obligate the Railroad to give such consent, which, if granted, may be subject to such terms and conditions as the Railroad, in the Railroad's sole discretion, may deem to be necessary or convenient. If at any time said property of the Railroad, or any part thereof, shall permanently cease to be used for the purposes aforesaid or shall be used for purposes unauthorized hereby, then the rights hereby granted as to such property or parts thereof shall cease and terminate. (c) If any property other than the property identified in Exhibit "A", or any rights other than granted herein are necessary for the construction, maintenance and use of the highway and its appurtenances, or for the performance of any work contemplated by this agreement, Second Party will acquire all such other property and rights at Second Party's own expense and without.expense to the Railroad. (d) The rights hereby granted are subject to any and, all encumbrances and rights (whether public or private) , irrespective of whether or not they are recorded, existing at the effective date of this agreement, and also to any and all extensions and renewals of said existing encumbrances and rights. Second Party shall not damage, destroy or interfere with the .property or rights of nonparties in, upon or relating to the Railroad's said property, unless Second Party, at Second Party's own expense, settles with and obtains release from such nonparties on mutually satisfactory terms. (e) The rights herein granted are subject and subordinate to the prior and continuing right and obligation of the Railroad, the Railroad's successors, and assigns, to use all the Railroad's property identified in Exhibit "A" in the performance of the Railroad's duty as a common carrier and for all lawful railroad purposes. The Railroad reserves the right to use and to grant to other parties the right to use said property for any and all purposes not inconsistent with the rights hereby granted. Said purposes include, but not by way of limitation, the right to construct, reconstruct, maintain, operate, repair, alter, renew and replace existing and additional wire lines, pipelines, roads, tracks, facilities and appurtenances, located or to be located either wholly or partly within said property, in such manner, however, as not to damage the highway facilities located • on said property; the right to attach signal, communication or power lines and facilities to any highway facilities located upon said property, subject, however, EXHIBIT "B" Page 1 of 7 VOF a.1409 FArE 17 to Second Party's policy on utility installations and approval by Second Party of detailed plans of the proposed attachment; and the right to use, occupy, cross and operate across said property and the highway facilities located thereon, with track equipment and off-track equipment. (f) Second Party will assume, bear and pay all taxes and assessments of whatsoever kind or nature (whether general, local or special) levied or assessed upon or against.the property Second Party is authorized to use pursuant hereto, • excepting taxes levied upon and against said property as a component part of the Railroad's operating property as a whole. (g) If.the rights granted Second Party pursuant to this agreement are for construction or improvement of a crossing of the railroad and highway at common grade, and if at any time the Railroad shall elect or be required by competent public . authority to• raise or lower the grade of all or any part of the Railroad's property upon which said crossing is constructed, Second Party shall at once alter and change that portion of said crossing to be constructed and maintained by Second Party so as to conform to the change of grade required by the Railroad, and the provisions hereof shall thereafter apply to such crossing as so changed. (h) If the rights granted Second Party pursuant to this agreement are for construction or improvement of a highway structure over the grade of the Railroad's right of way and tracks, no part of said grade separation structure to be constructed over the Railroad's property or right of way shall be affixed or connected at any point to the surface of the land, except as specifically provided herein or as authorized in writing by the Chief Engineer of the Railroad. Upon completion of construction work, Second Party shall furnish the Railroad two sets of prints of final approved drawings with "as constructed" information inserted thereon. Second Party shall make no alteration or-modification of Second Party's grade separation structure which would decrease the vertical clearance below the substructure of said grade separation structure, unless Second Party has the Railroad's prior written consent to such change in clearance. Section 2. CONSTRUCTION AND MAINTENANCE OF HIGHWAY AND APPURTENANCES.• (a) Second Party, at Second Party's own expense, will apply for and obtain all public authority required by law, ordinance, rule or regulation for the project contemplated by this agreement, and each 'and every part thereof, and•will furnish the Railroad upon request with satisfactory evidence that such authority. has• been obtained. All construction work by Second Party shall be performed in accordance with the terms and conditions imposed by said public authority in granting its approval, and in accordance with this agreement. (b) Except as may be otherwise specifically provided in this agreement, Second Party, at Second Party's own expense and without expense to the Railroad, will furnish all labor, material and equipment necessary for, and shall and will construct and complete said highway and all appurtenances thereof. Upon completion of the work, Second Party shall remove from the Railroad's property all temporary structures and falsework, and will leave said property in a condition satisfactory to the Railroad. Second Party,. at Second Party's own expense, and without expense to the Railroad, at all times shall and will keep and maintain the highway and all appurtenances thereof in good condition and repair so as not to jeopardize, damage or interfere with the Railroad's property, facilities or operations. As used in this agreement, "appurtenances" shall include, without limitation, all embankment slopes between the highway and the Railroad's tracks, all necessary and proper drainage facilities, all necessary and proper advance warning signs, standard pavement markings for railroad crossings, and all necessary and proper guardrails or barriers between the highway and the Railroad's tracks and facilities, which guardrails or barriers shall be of suitable design and adequate to confine highway traffic, and to protect the Railroad's property and facilities and any highway-rail • warning devices. EXHIBIT "B" Page 2 of 7 VOL. 489 FAEE 18 • (c) The Railroad will receive no ascertainable benefit from the construction of the project, and, except as may be specifically provided herein, shall not be required to pay or contribute any part of the cost thereof. If said project is to be financed in whole or in part by Federal funds, all construction work by Second Party shall be performed in accordance with the applicable Federal Act, Federal regulations and with this agreement. • (d) All construction work of Second Party upon the Railroad's property (including, but not limited to, .construction of the highway and all appurtenances and all related and incidental work) shall be performed and completed in a manner satisfactory to the Chief Engineer of the Railroad or his authorized representative and in accordance with detailed plans and specifications prepared by and at the expense of Second Party, and approved in writing by the Railroad's Chief Engineer. Said plans and specifications, and the work performed thereunder, shall be in accordance with the typical sections and notes pertaining to construction as set forth in Exhibit "A". (e) All construction work of Second Party shall be performed diligently and completed within a reasonable time, and in any event within three (3) years from the effective date of this agreement, or within such further period of time as may be specified in writing by the Railroad's, General Manager. No part of said work shall be suspended, discontinued or unduly delayed without the Railroad's written consent, and.subject to such reasonable conditions as the Railroad may specify. It is understood that the Railroad's tracks at and in the vicinity of the work will be in constant or frequent use during progress of the work and that movement or stoppage of trains, engines or cars may cause delays in the work of Second Party. Second Party hereby assumes the risk of any and all such delays and . agrees that no claims for damage on account of any delay shall be made against the Railroad. (f) If the project includes construction of a structure over which • trains are to be operated, or for which the Railroad has any responsibility for maintenance, Second Party shall furnish the Railroad permanent reproducible prints of all design and shop drawings as soon as possible after approval by the Chief Engineer of the Railroad or his authorized representative. Upon completion . of construction, Second Party shall furnish the Railroad two sets of "as constructed" prints and, in addition, upon request of the Chief Engineer of the Railroad, "as constructed" permanent reproducible prints of all or any portion of the structure. Section 3. INJURY AND DAMAGE. If Second Party,.in the performance of • any work contemplated by this agreement or by the failure to do or perform anything • for which Second Party is responsible under the provisions of this agreement, shall injure, damage or destroy any property of the Railroad or of any other corporation, person or firm lawfully occupying or using the property of the Railroad, such damage shall be restored by Second Party at Second Party's own expense and or by the Railroad at the expense of Second Party. Section 4. WORK TO BE DONE BY RAILROAD. (a) The Railroad may make any and all changes, alterations or relocations, • • whether temporary or permanent, and may provide flagging and other protective services and devices, which in the Railroad's judgment may be or become necessary or expedient because of the project. Such work shall include, without limitation, the work identified or described in the agreement to which this exhibit is attached and in other exhibits to this agreement. Second. Party will reimburse the Railroad for the entire cost and expense of performing all work in connection with the project pursuant to this agreement. (b) In the event this agreement involves the installation or alteration of automatic grade crossing signal devices, and the Railroad is unable to install or alter said devices without delay of Second Party's project, the Railroad may contract for the installation of said devices by other than railroad forces. The Railroad shall notify Second Party of the contract price within ninety (90) days after it is awarded, and Second Party shall reimburse the Railroad for the amount of the contract. EXHIBIT "B" . Page 3 of 7 - • • VOL. 489 PAGE 19 (c) If Second Party shall fail, refuse or neglect to do, keep, observe and perform each and all of the terms, provisions, conditions and covenants of • this agreement, the Railroad, in addition to any other rights and remedies the Railroad may have, may perform any work which in the judgment of the Railroad is necessary to place said highway and appurtenances in such condition as will not menace, endanger or interfere with the Railroad's facilities or operations or jeopardize the Railroad's employees; and Second Party will reimburse the Railroad for the expense thereof. • (d) Reimbursement for the use of railroad owned and operated equipment will be in accordance with Union Pacific Railroad Company's Billing and Contracts' Bulletin in effect on the date of use of such equipment. Rental rates for any item of equipment necessary to the job and not included in said Billing and Contracts' • Bulletin will be established on an individual basis and agreed to by the parties. Bills for reimbursement shall be paid by Second Party promptly upon receipt thereof, in the manner and at the time provided therein. The Railroad will submit to Second Party bills for flagging and other protective services and devices currently during progress of the work contemplated by this agreement. The Railroad will submit complete billing for flagging and other protective services within one hundred and . twenty (120) days after completion of the project, provided Second Party advises the Railroad of the- commencement of the 120-day period by giving the Railroad • written notification of completion of the project. (e) Subject to the foregoing, if the project is financed with Federal funds, under the Federal-Aid Highway Act, reimbursement of the Railroad by Second Party shall be in accordance with the provisions of Volume 1, Chapter 4, Section 3, of the Federal-Aid Highway Program Manual (FHPM) issued April 25, 1975 by the • • . United States Department of Transportation, Federal Highway Administration, and any amendments thereof or supplements thereto; provided, the use of said regulations as a guideline for reimbursement between the parties hereto shall not be deemed to require reimbursement of Second Party by the Federal Highway Administration as . • a condition precedent to Second Party's obligation. If Second -Party desires to - secure reimbursement from the Federal Highway Administration for all phases of the work performed by. the Railroad, it is the responsibility of Second Party to ensure • that interpretation of said regulations will permit Federal participation in the cost and expense of work which, pursuant hereto, is to be performed by the Railroad at the expense of Second Party. Section 5. SAFETY MEASURES. All work of Second Party contemplated by this agreement, including any work of maintenance of the highway facilities or appurtenances constructed on the Railroad's property pursuant to the rights granted • herein shall be performed and accomplished without interruption to or delay of operations of the Railroad or of others lawfully occupying or using their property or facilities, and without interruption to or delay of continuous railroad traffic. It is understood and recognized that safety and continuity of the Railroad's . ' operations and communications are of the'utmost'•importance; .and in order that the same may be adequately safeguarded, protected and assured, and in order that • accidents may be prevented and avoided, it is agreed with respect to all of said work of Second Party that: . (a) ' Seconnd Party shall- not do, stiffer•or permit anything which will dr may obstruct, endanger, interfere with, hinder or delay maintenance or operation - • bf the Railroad's tracks or facilities or any communication or signal lines, • installations or any appurtenances thereof. Second Party shall shelter and protect the Railroad's said property as required by the Railroad.. (b) Second Party, at Second Party's own expense, shall adequately police . and supervise all work to be performed by Second Party; shall regulate the conduct thereof in such manner that the prosecution thereof will not endanger,-interfere • with, hinder or delay operations of the Railroad or of others lawfully using or occupying the Railroad's property or facilities; and shall not inflict injury to persons or damage to property for the safety of whom or of which the Railroad or such others may be responsible, or to property of the Railroad or such others. EXHIBIT "B" Page 4 of 7 ' i err. 489 FACE 20 (c) If at any time Second Party's engineers and the Chief Engineer of the Railroad or their respective representatives shall be of the opinion that any work of Second Party is being or is about to be done or prosecuted without due regard and precaution for safety and security, Second Party shall cause such work to be suspended until suitable, adequate and proper protective measures are adopted and provided. (d) Second Party shall not cause, suffer or permit material or debris to be deposited or cast upon, or to slide or fall upon any property or facilities of the Railroad in connection with or as a result of the project or any work • contemplated by this agreement; and any such material and debris shall be promptly removed from the Railroad's property by Second Party at Second Party's own expense or by the Railroad at- the expense of Second Party, and any damage •caused thereby shall be promptly restored and repaired by Second Party at Second Party's own ' • expense, or by the Railroad at the expense of Second Party. Second Party shall. not cause, suffer or permit any snow to be plowed or cast upon the Railroad's property during the course of Second Party's operations of removing snow from Second Party's highway. (e) Second Party shall not discharge any explosives on or in the vicinity of the Railroad's property (i) if, in the sole discretion of the Railroad's Chief Engineer, such discharge would be dangerous or would interfere with the Railroad's property or facilities; and (ii) unless adequate notice thereof is given to the Railroad. For the purposes hereof, the "vicinity of the Railroad's property" shall be deemed to be any place in such close proximity to the Railroad's property that the discharge of explosives could cause injury to the Railroad's employees or other persons on the Railroad's property, or cause damage to or interference with the facilities or operations on the Railroad's property. Unless the Railroad's Chief Engineer shall agree to a shorter notice with respect to a particular proposed discharge of explosives, "adequate notice" shall be deemed to require not less than forty-eight (48) hours' notice, exclusive of weekends and holidays. The Railroad reserves the right to impose such conditions, restrictions or limitations on the transportation, handling, storage, security and use of explosives as the Railroad, in the Railroad's sole discretion, may deem to be necessary, desirable or appropriate. In addition to any conditions, restrictions or limitations as may be specifically imposed: (1) Any explosives loaded in holes or placed or otherwise readied for discharge on a day shall be discharged on the same day during daylight hours, and at such times and in such manner as will not endanger the Railroad's employees or property or interfere with the Railroad's operations. (2) Second Party, at Second Party's own expense, shall take all measures and precautions and construct all temporary shelters necessary to guard and protect the Railroad's employees, property, facilities and operations against danger of damage, destruction or interference arising• out of or connected with any blasting or any transportation, handling, storage, security or use of explosives on or in the vicinity of the Railroad's tracks, property or operations. (3) Second Party shall require at all times that explosives be transported, handled, stored or otherwise secured and used in a manner satisfactory to the Railroad and in accordance with local, state and Federal laws, rules and regulations, including, without limitation, United States Department of Labor, Bureau of Labor Standards, Safety and Health Regulations for Construction, 29 CFR Part 1518, Subpart U---"Blasting and the Use of Explosives"; and Occupational Safety and Health Administration Occupational Safety and Health Standards, 29 CFR Part 1910, Subpart H-0"Hazardous Materials". (f) Second Party shall not place any combustible material upon or about the premises of the Railroad, nor erect any structure thereon (except as herein otherwise provided) , nor cause or permit the view along the tracks of the Railroad to be obstructed, nor obstruct or interfere with the-drainage ditches, drainage. facilities or water facilities of the Railroad. EXHIBIT "B" Page 5 of 7 • EFF 7 489 FAH 22 YGL. • (g) If Second Party shall excavate from existing slopes adjacent to the tracks of the Railroad or create new slopes in the performance Of any work contemplated hereby, Second Party shall so excavate from existing slopes and construct new slopes that the pitch of same shall not be excessive, nor create undue hazards of slides or falling rock, nor impair or endanger the clearance between said existing or new slopes and the tracks of the Railroad. (h) Second Party, at Second Party's own expense, shall provide and maintain suitable facilities for draining the highway and its appurtenances, and shall not suffer or permit drainage water therefrom to flow or collect upon property of the Railroad. Second Party, at Second Party's own expense, shall provide adequate passageway for- the waters of any streams, bodies of water and drainage facilities (either natural or artificial, and including water from the Railroad's culverts and drainage facilities) , so that said waters may not because of any facilities or work • of Second Party be impeded, obstructed, diverted or caused to back up, overflow or damage the property of the Railroad or any part thereof, or property of others. (i) Before commencing any construction or other substantial work contemplated by this agreement, Second Party shall notify the Superintendent of the Railroad of the time when such work shall commence. Said notice shall be given not less than forty-eight (48) hours,- exclusive of weekends and holidays, prior to the time work is to commence. Second Party shall cooperate with the Railroad in every reasonable way for the adequate protection of the Railroad's facilities and operations during progress of the work. (j) . Second Party shall not do or cause to be done in the performance of any work contemplated hereby, anything which will or may disturb the stability of any area so as to adversely affect the tracks or facilities of the Railroad. (k) Second Party, at Second Party's own expense, shall and will install • and. maintain. adequate shoring and cribbing for all excavation and/or trenching performed by Second Party in connection with construction, maintenance or other work of any kind contemplated by this agreement. Said shoring and cribbing shall be constructed and maintained with such materials and in such manner as to withstand all stresses likely to be encountered, including, but not by way of limitation, any stresses resulting from vibration caused by the Railroad's operations at or in the vicinity of such work; and such shoring and cribbing shall be installed and maintained in a manner satisfactory to the Chief Engineer of the Railroad or his authorized representative. (1) The responsibility of Second Party for safe conduct and adequate policing and supervision of the project shall not be lessened or otherwise affected by the Railroad's approval of plans and specifications, or by the Railroad's collaboration in performance of any work, or by the presence at the worksite of • the Railroad's representatives, or by compliance by Second Party with any requests or recommendations made by such representatives. If a'representative of the ' Railroad is assigned to the project, Second Party will give due consideration to suggestions and recommendations made by such representative for the safety and protection of the Railroad's property and operations. Section 6. INSURANCE. (a) Before work is commenced on the project, and thereafter before commencement by any contractor for Second Party of any maintenance work on the highway in the vicinity of the Railroad's said trackage and facilities, Second Party, without expense to the Railroad, shall furnish and deliver to the Railroad, or shall require each of Second Party's contractors to furnish and deliver to the Railroad, a public liability and property damage insurance policy or policies in favor of the Railroad; and Second Party, without expense to the Railroad, at all times during progress of and until final completion of the project, and until completion of such maintenance work, shall keep and maintain, or cause Second Party's contractors to keep and maintain, such policy or policies in full force and effect. The Railroad, upon request of Second Party, may purchase any such policy for which Second Party is responsible pursuant hereto, and Second Party shall reimburse the Railroad for the full amount of the cost of such policy. EXHIBIT "B" Page 6 of 7 • X1. 489 .FHSE 22 • • • (b) Said public liability insurance shall provide for a maximum limit of not less than FIVE HUNDRED THOUSAND DOLLARS ($500,000) for all damages arising out of bodily injuries to or death of one person, and subject to that limit for each person, a total maximum limit of ONE MILLION DOLLARS ($1,000,000) for all damages arising out of bodily injuries to or death of more than one person in • any one occurrence. Said property damage insurance shall provide for a maximum limit of not less than FIVE HUNDRED THOUSAND DOLLARS ($500,000) for all damages arising out of injury to or destruction of property in any one occurrence, and • • subject to that limit, a total (or aggregate) maximum limit of ONE •MILLION • DOLLARS ($1,000,000) for all damages arising out of injury to or destruction of property during the period of work. (c) The terms "person" or "persons" as herein used shall include employees of the Railroad, as well as other persons, and the term "property" as herein Used shall include, as well as other property, property owned by and property in the care, custody or control of the Railroad. (d) Each such insurance policy shall be issued by, a reliable insurer satisfactory to the Railroad and authorized to do business in the state in which • the work is to be performed, and each such policy shall be in form and substance - satisfactory.to the Railroad. The.original and one.true and complete copy of . said policy or policies shall be delivered to and remain in the possession of the Railroad. (e) Each such policy or policies shall conform substantially with the Public Liability and Property Damage Policy provided in United States Department of Transportation, Federal Highway.Administration directives as published in its - . Federal-Aid Highway Program Manual, Volume 6, Chapter 6, Section 2, Subsection 2. Each such policy or policies shall cover all work to be performed and all operations . to be conducted under this agreement. The monetary limits of insurance furnished in connection with the future reconstruction or maintenance work on the highway in the vicinity of the Railroad's said trackage and facilities shall conform to the limits prescribed by the Railroad in connection with new public .projects at • the time the work of maintenance or reconstruction is performed. (f) In addition to the above insurance, and before work is.commenced. on' the project, Second Party, without expense to the Railroad, shall• furnish and deliver to the Railroad, or shall require Second Party's contractor to furnish and deliver to the Railroad, a certificate certifying as to the contractor's regular property damage insurance.with respect to said contractox'.s own.operations and, in addition,'with respect to operations performed for said contractor by subcontractors under this agreement, with limits of not less than FIVE HUNDRED THOUSAND DOLLARS ($500,000) arising out of injury to or destruction of property in any one occurrence, and subject to that limit per occurrence, a total, or aggregate, limit of not less than ONE MILLION DOLLARS ($1,000,000) for all damages arising out of injury to two or•more persons in any one occurrence or destruction of property during the policy period. Each such certificate shall apply to all policies covering work to be performed and all operations to be conducted under this agreement, and shall be kept in full force and effect until completion of the project. Such certificate shall also contain a provision that the policy shall not be cancelled or changed without giving thirty (30) days' prior written notice to the"Railroad. • Section 7. OTHER RAILROADS. All protective and indemnifying provisions of this agreement shall inure to the benefit of the Railroad and any other railroad company or companies at any time lawfully using the Railroad's property or facilities. Section 8. WORK OF SECOND PARTY INCLUDES WORK BY CONTRACTORS. All references in this agreement to work of Second Party shall be deemed to include Second Party's contractors, subcontractors, officers, agents and employees, .and • others, acting under their authority, and shall include such work, not only within • the Railroad's property but also in the vicinity thereof but outside of the Railroad's property. EXHIBIT "B" Page 7 of 7 Sheet 1 of 2 23 . Wit. 489 nr EXHIBIT "C" • MATERIAL AND FORCE ACCOUNT ESTIMATE FOR ' SPOKANE COUNTY Install cantilever-type flashing-light crossing signal with gate interconnected with Burlington Northern, Inc. , signal, • install 78 foot True Temper T-Core structural crossing, relay • 117 .feet through crossing, and remove existing crossing at • M.P. 8. 95 near Trentwood, Washington. Oregon Division - April 13, 1977 . DOT No. 662 - 519S . (WOP 91) . JOB No. DESCRIPTION LABOR MATERIAL TOTAL 001 Automatic Signals Engineering . $ 2200 Labor additives • • • 946 3146 $ 3,146 002 Automatic signals 83S0 $ 20964 • Labor additive • . 3608 Contingencies 839 5246 . Equipment rental • 1680 • '$12837 $ 27890 $ 40,727 . 603 Crossing - Roadway-78 TF ' Install True Temper T-Core crossing $ 1560 • $ 8190 ' • Remove existing crossing 200 Freight • • . 31 : •Labor & material additives 757 . 410 . Contingencies ' 176 822 Equipment rental • • 500 $ 2693 $ 9953 $ 12, 646 004 Relay through crossing-117 TF • Relay rail 133# S.N. $ 1528 $ 3038 • Jt. comp. 133#/90# 450 Equipment rental 200 •. • $ 1528 $ 3688 $ 5,216 005 Reballast track 24 CY $ 98 $ 42 Labor Additive 42 . • • Contingencies 10 4 $ 150 . $ 46 $ . 196 TOTAL • . $20,354 • • • $41,577 • $ 61,931 • a. 1 . Sheet 2 of 2 VUL. 489'EASE 24 Salvage Credit Allowed County • Rail 90V 234 L.F. @ .60 = $140 ' . • OTM 16. 5 CWT @ 1. 50 =. 25 - . $165 • , Flagging or Roadway Watchman services performed for the County's - contractor will be reported on Form 1054, "Labor Report" , re- collectible from the County. - • The above cost figures are estimates only and are subject to fluctuation. In the event of increase or decrease in the cost of materials or wages paid labor, the County will be billed according to the current rates effective thereof. • CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: March 13, 2012 Department Director Approval: Item: Check all that apply: [' consent ❑ old business ❑ new business ❑ public hearing ® information [' admin. report ❑ pending legislation AGENDA ITEM TITLE: 2012 Safe Routes to School - Call for Projects GOVERNING LEGISLATION: PREVIOUS COUNCIL ACTION TAKEN: June 28, 2011; Adoption of the 2012-2017 Six Year TIP. October 25, 2011; Adoption of Bike & Pedestrian Master Plan BACKGROUND: On January 24th, 2012, the Washington State Department of Transportation (WSDOT) issued a 2012 Call for Projects for the Safe Routes to School Program (SRTS). The goals of the SRTS program are to address pedestrian and bicycle mobility and safety near elementary and middle schools. The program is funded with a combination of state and federal funds, and applications are due Monday, May 4th, 2012. The SRTS program promotes a three pronged approach of engineering, education & encouragement and enforcement efforts to improve success. Engineering improvements such as sidewalks and crosswalk enhancements that provide safe travel routes are combined with education efforts conducted by the school districts that promote the benefits of walking and biking. Enforcement efforts by local law enforcement agencies are conducted to reinforce safe driver & pedestrian behavior and promote awareness of pedestrians near schools. Staff has been evaluating the SRTS grant criteria and coordinating with local school districts to identify projects that will have the highest benefits and potential to receive funding. We have also reviewed the City's Bike and Pedestrian Master Plan and School Walk Routes map to identify potential projects. Based on this review, staff has come up with the following preliminary list of recommended projects for submitting to WSDOT for the 2012 SRTS Call for Projects. 1. Bowdish Rd. — 8th Ave. to 12th Ave: This project serves students attending Opportunity Elementary School (Central Valley School District). The busy arterial has very narrow gravel shoulders that do not safely accommodate pedestrians. The project would construct sidewalk on both sides of Bowdish Rd. Future phases would construct sidewalk along Bowdish Road from 16th Ave. to 20th Ave. and from 12th Ave. to 16th Ave. that would expand the safe walking routes and serve students attending Bowdish Middle School. 2. Park Rd — Sinto Ave to Indiana Ave: This project serves students attending Seth Woodard Elementary School (West Valley School District). The District currently busses students that live northeast of the school campus and across Park Road because there are no safe walking routes along Park Road or Mission Ave. The proposed project would construct sidewalk along the east side of Park Road and complete a short sidewalk gap along Mission Ave east of Park Road. The Park Road sidewalk would be constructed in the location proposed by the Park Road (Broadway to Indiana) Improvement Project that has already been designed and is waiting for construction funding. The project would allow the District to remove bus stops from this area. 3. Adams Rd —Trent Ave. to Wellesley Ave.: This project serves students attending Trentwood Elementary School (East Valley School District). Sidewalk would be constructed along one side of Adams Road to address the narrow roadway and gravel shoulders. This segment was part of a previously submitted SRTS project that included Wellesley Ave (Sullivan Rd. to Isenhart Rd.) in 2010. That project ranked just below the funding cutoff. WSDOT Local Programs Office recently notified the City that the state legislature is considering whether to fund additional projects from the 2010 SRTS project list during the current legislative session. Therefore, this project may be funded without having to be resubmitted. 4. Park Rd — Marietta Ave to Buckeye Ave: This project serves students attending Orchard Center Elementary (West Valley School District). Sidewalk would be constructed from the school on Buckeye Ave to Park Road and along one side of Park Road to Marietta Ave. to address the narrow roadway and shoulders. The project connects to St. Paschal's School where there is a before and after school care program. Students currently are transported the 1-1/2 blocks by van or bus due to the absence of a safe walking route. In addition to the preceding list, there are several worthwhile projects that were also considered for the SRTS program that expand on the recommended projects. 1. Mission Ave — Center Rd to Vista Rd: This project would construct sidewalk along the north side of Mission Ave. It expands the safe walking routes within the neighborhood east of Seth Woodard Elementary School and further reduces the need for bussing students. 2. Vista Rd — Augusta Ave to Knox Ave.: This project is a continuation of the Park Road (Mission Ave to Indiana Ave) and Mission Ave sidewalk projects. It expands the safe walking route to better serve the area east of Vista Road for students attending Seth Woodard Elementary School. 3. Bowdish Rd — 16th Ave. to 20th Ave. and 12th Ave. to 16th Ave: These two projects would expand walking routes for students attending Bowdish Middle School and Opportunity Elementary School. This section of roadway is very narrow with gravel shoulders and numerous fixed obstructions. Sidewalks would also improve the visibility of pedestrians along Bowdish Rd where the site distance is limited from the crest of the hill adjacent to the middle school. OPTIONS: Info only RECOMMENDED ACTION OR MOTION: Info only BUDGET/FINANCIAL IMPACTS: There is no required local match on SRTS funded projects. However during the ranking of projects, preference will be given to projects where the local agency is providing matching funds. As the proposed SRTS applications are developed, staff will coordinate with the Finance Department to ensure there are sufficient city funds to provide potential match for the proposed SRTS projects. STAFF CONTACT: Steve M. Worley, PE — Senior Capital Projects Engineer Neil Kersten, AIA— Public Works Director ATTACHMENTS: SRTS Program Information Spokane Public Works Department Valley 11707 E Sprague Ave Suite 106 • Spokane Valley WA 99206 509.921.1000 • Fax: 509.921.1008 • cityhall@spokanevalley.org Memorandum Date: March 7th, 2012 To: Steve Worley, Capital Projects CC: From: Bryan Hicks, Century West Engineering Re: Safe Routes to School (SRTS) Application Criteria Summary The following is an outline of the Safe Routes to School Grant Application Criteria. Examples of Project Activities: 1. Engineering Improvements Improvements that reduce potential pedestrian and bicycle conflicts with motor vehicle traffic; reduce traffic volume around schools; and/or establish safer and fully accessible crossings,walkways, trails or bikeways. Projects may include items such as: • Sidewalk improvements: new sidewalks, sidewalk widening, sidewalk gap closures, sidewalk repairs, curbs, gutters and curb ramps. • Traffic calming and speed reduction improvements: bulb-outs, speed humps,raised crossings,raised intersections,median refuges,narrowed traffic lanes, lane reductions, roundabouts, full- or half-street closures, automated speed enforcement and variable speed limits. • Pedestrian and bicycle crossing improvements: crosswalk markings, raised median refuges, raised crossings, traffic control devices (including new or upgraded traffic signals,pavement markings, traffic stripes, flashing beacons, bicycle-sensitive signal actuation devices,pedestrian countdown signals and pedestrian activated signal upgrades), and pedestrian and bicycle lighting. • On-street bicycle facilities: new or upgraded bicycle lanes, separated bike lanes, bicycle boulevard treatments, traffic signs and pavement markings. • Off-street bicycle and pedestrian facilities: exclusive multi-use bicycle and pedestrian trails and pathways that are separated from the roadway. • Secure bicycle parking facilities: bicycle parking racks,bicycle lockers, designated areas with safety lighting and covered bicycle shelters. • School walk or bike route inventory of safety features and hazardous locations. 2. Education and Encouragement Efforts Teaching children about bicycling and walking safety skills, the health effects of walking and biking, the impact to the environment, the broad range of transportation choices and events and activities utilized to promote walking and biking to school safely. Projects may include items such as: 1 of 3 • Implementation of educational curricula in the classroom. • Distribution of educational materials. • Pedestrian safety field trips. • Implementation of a walking school bus or bike train where students walk or bike to school in groups with adult supervision. • Update and distribution of school walk route maps to students,parents and staff. • Bicycle safety skills education classes. • Celebration of Walk and/or Bike to School Days. • Other events and activities such as: school assemblies,mileage clubs, etc. 3. Enforcement Efforts Ensuring traffic laws are obeyed (including enforcement of speeds, yielding to pedestrians in crossings and proper walking and bicycling behaviors) and initiating community enforcement activities. Projects may include items such as: • Establish an adult and/or student crossing guard program. • Additional law enforcement or equipment needed for enforcement activities. • Pedestrian sting operations. • Vehicle speed feedback signs. • Neighborhood watch program. • Photo enforcement. Scoring Criteria 1. Engineering Improvements How well the project has or will: reduce potential pedestrian and bicycle conflicts with motor vehicle traffic; reduce traffic volume around schools; and/or establish safer and fully accessible crossings,walkways, trails or bikeways consistent with WSDOT Design Standards or the AASHTO"Guide for the Planning Design, and Operation of Pedestrian Facilities" or "Guide for the Development of Bicycle Facilities"? • 5 Pts = Substantial long term solution based on identified deficiencies. • 3 Pts =Moderate improvements based on identified deficiencies. • 1 Pt= Little or no improvement included in the project. 2. Education and Encouragement Efforts How well the project has or will teach about the health and environmental benefits of walking and bicycling,bicycling,walking and/or driving safety skills, the broad range of transportation choices and provide events and activities utilized to promote walking and biking to school safely? • 5 Pts = Substantial long term education and encouragement solutions such as policy changes or the adoption of curriculum that will continue after the project is complete. • 3 Pts =Education and/or encouragement efforts in the vicinity of the project post construction period only. • 1 Pt= Little or no education or encouragement included in the project. 2 of 3 3. Enforcement Component How well the project has or will address traffic safety and help to increase the number of children walking and biking to school safely? • 5 Pts = Substantial long term enforcement solutions based on identified deficiencies. • 3 Pts =Enforcement efforts in the vicinity of the project post construction period only,based on identified deficiencies. • 1 Pt= Little or no enforcement efforts included in the project. 4. Implementation Is there a strong partnership among local agencies that will facilitate completion of this project on time and on budget? • 5 Pts = Clear, committed multi-agency partnerships. • 3 Pts =Minimal multi-agency partnerships. • 1 Pt=No established partnerships or partnerships to be established after award notification. 5. Need Is there a high need or potential impact based on(1)pedestrian/bicycle collision history, (2) potential for VMT reduction (as determined by existing mode choice and the number of children that live with-in two miles of the target school(s)), and (3) the percentage of low- income children served by the school (as determined by the percentage of children receiving free or reduced cost meals). • 5 Pts =All three categories of need are high. • 3 Pts =At least two categories of need are high. • 1 Pt=At least one category of need is high. 3 of 3