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2012, 04-10 Regular Meeting AGENDA SPOKANE VALLEY CITY COUNCIL REGULAR MEETING FORMAL FORMAT MEETING Tuesday,April 10, 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 Bill Dropko, Greenacres Christian Fellowship Church 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 03/15/2012 25446-25492 $239,372.07 03/22/2012 3870-3873; 25508 $63,338.25 03/23/2012 25509-25553 $115,442.41 03/23/2012 25554-25564 $145,151.06 03/29/2012 25565-25582; 327120198 $255,605.67 03/30/2012 25583-25601 $10,303.11 03/30/2012 5401-5407 $1,054.00 GRAND TOTAL $830,266.57 b. Approval of Payroll for period ending March 31,2012: $379,279.86 c. Approval of Minutes of March 20,2012 Council Study Session Format Meeting d.Approval of Minutes of March 27,2012 Council Formal Format Meeting Council Agenda 04-10-12 Formal Format Meeting Page 1 of 2 NEW BUSINESS: 2. Second Reading Proposed Ordinance 12-012, Special Event Permit—Cary Driskell [public comment] 3.First Reading Ordinance 12-013 Sign Code Amendments—Lori Barlow [public comment] 4. Proposed Resolution 12-002 Adopting Governance Manual—Chris Bainbridge [public comment] 5.Motion Consideration: Bid Award Sprague Ave Reconstruction Project#0115—Steve Worley [public comment] 6.Motion Consideration: Pavement Management Funding Option 2—Mike Jackson,Mark Calhoun [public comment] 7.Motion Consideration: Transfer of Western Half of Balfour Park from Spokane Transit Authority— Cary Driskell- [public comment] 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. ADMINISTRATIVE REPORTS: 8. Potential Sprague Property Concept Plans—Mike Stone 9. Potential Sprague Property Purchase—Cary Driskell,Mike Jackson 10. Crime Prevention,Law Enforcement Update—Deputy Snyder, Chief VanLeuven 11.Advance Agenda—Mayor Towey INFORMATION ONLY(will not be discussed or reported): 12. Final Finance Department Activity Report 13.EXECUTIVE SESSION: Potential Property Acquisition [RCW 42.30.110(1)(b)] and Pending/Potential Litigation [RCW 42.30.110(1)(i)] ADJOURNMENT General Meetinji 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 04-10-12 Formal Format Meeting Page 2 of 2 CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: April 10, 2012 Department Director Approval: El Check all that apply: ® consent ❑ old business ❑ new business ❑ public hearing AGENDA ITEM TITLE: Approval of the Following Vouchers: VOUCHER LIST DATE VOUCHER NUMBERS; TOTAL AMOUNT 03/15/2012 25446-25492 $239,372.07 03/22/2012 3870-3873; 25508 $63,338.25 03/23/2012 25509-25553 $115,442.41 03/23/2012 25554-25564 $145,151.06 03/29/2012 25565-25582; 327120198 $255,605.67 03/30/2012 25583-25601 $10,303.11 03/30/2012 5401-5407 $1,054.00 GRAND TOTAL $830,266,57 Explanation of Fund Numbers found on Voucher Lists #001 -General Fund Other Funds 001.011.000.511 City Council 101 —Street Fund 001.013.000,513. City Manager 103—Paths &Trails 001.013.015.515. Legal 105—Hotel/Motel Tax 001.016.000. Public Safety 120—CenterPlace Operating Reserve 001.018.013.513. Deputy City Manager 121 —Service Level Stabilization Reserve 001.018.014.514. Finance 122—Winter Weather Reserve 001.018.016.516. Human Resources 123—Civic Facilities Replacement 001.032.000. Public Works 204—Debt Service 001.058.050.558. Comm.Develop.-Administration 301 —Capital Projects(1st'A%REET) 001.058.055.559. Comm.Develop,—Develop.Eng. 302—Special Capital Proj (2"d 'A%REET) 001.058.056.558. Community Develop.-Planning 303—Street Capital Projects 001.058.057.559, Community Develop.-Building 304—Mirabeau Point Project 001.076.000.576. Parks & Rec—Administration 307—Capital Grants 001,076.300.576. Parks & Rec-Maintenance 309—Parks Capital Grants 001.076.301.574. Parks &Rec-Recreation 310---Civic Bldg Capital Projects 001.076.302.576. Parks &Rec-Aquatics 311 —Street Capital Improvements 2011+ 001.076.304.575. Parks &Rec- Senior Center 402—Stormwater Management 001.076.305.574. Parks &Rec-CenterPlace 403 —Aquifer Protection Area 001.090.000.511. General Gov't-Council related 501—Equipment Rental&Replacement 001.090.000.514. General Gov't-Finance related 502—Risk Management 001.090.000.517. General Gov't-Employee supply 001.090.000.518. General,Gov't-Centralized Services 001.090.000.519. General Gov't-Other Services 001.090.000.531. General Gov't-Natural Resources 001.090.000.550. General Gov't-Economic Dev. 001.090.000.560. General Gov't-Social Services 001.090.000.594. General Gov't-Capital Outlay RECOMMENDED ACTION OR MOTION: Approve claims for vouchers as listed above. STAFF CONTACT: Mark Calhoun, Finance Director ATTACHMENTS: Voucher Lists vchlist Voucher List Page: 1 03/15/2012 4:32:04PM Spokane Valley Bank code: apbank Voucher Date Vendor Invoice Fund/Dept Description/Account Amount 25446 3/15/2012 002890 ALTUS INDUSTRIES INC Z-11017B 303.303.115 ANCHOR BOLT SET 65.65 Total : 65.65 25447 3/15/2012 000694 AVISTA UTILITIES 34849 001.090.000 HOME ENERGY AUDITS-FEB 2012 4,114.00 Total: 4,114.00 25448 3/15/2012 000277 AWC MARCH 2012 001.018.016 2012 WAPELRA SPRING CONFERE 249.00 Total: 249.00 25449 3/15/2012 001816 BENTHIN&ASSOCIATES 1863 303.303.146 10-027L 24TH AVE SIDEWALK SUR) 4,012.00 Total : 4,012.00 25450 3/15/2012 000173 BINGAMAN, GREG CELL ALLOWANCE 001.018.014 1ST QUARTER CELL ALLOWANCE:: 135.00 Total : 135.00 25451 3/15/2012 000168 BLACK BOX NETWORK SVC SPO-025929 001.090.000 SERVICE CALL 204.91 Total : 204.91 25452 3/15/2012 000904 BRANCH, CAROLBELLE CELL ALLOWANCE 001.018.013 1ST QUARTER CELL ALLOWANCE:: 135.00 Total : 135.00 25453 3/15/2012 000796 BUDINGER&ASSOC INC H11392B-1 402.402.150 SWALE TESTING SERVICES 1,352.96 S11498-1 303.303.115 0115, GEOTECHNICAL SERVICES 8,591.11 S11498-2 303.303.115 0115, GEOTECHNICAL SERVICES 285.17 Total : 10,229.24 25454 3/15/2012 000863 CENTURY WEST ENG CORP 232949 101,042.000 2012 TIP SERVICES-EXPIRES 12/' 6,049.97 Total : 6,049.97 25455 3/15/2012 002979 CLEGHORN, LEE AND JUDITH CIP 0160 303.303.160 ROW ACQUISTIONS/EVERGREEN I 5,200.00 Total : 5,200.00 25456 3/15/2012 000683 DAVID EVANS&ASSOCIATES 315602 303.303.148 GREENACRES TRAIL DESING 2,456.68 Total: 2,456.68 25457 3/15/2012 001861 DEPT OF NATURAL RESOURCES MARCH 2012 303.303.155 GEOTECHNICAL PERMITTING:SUL 500.00 Page: 1 vchlist Voucher List Page: 2 03/15/2012 4:32:04PM Spokane Valley Bank code: apbank Voucher Date Vendor Invoice Fund/Dept Description/Account Amount 25457 3/15/2012 001861 001861 DEPT OF NATURAL RESOURCES (Continued) Total : 500.00 25458 3/15/2012 002920 DIRECTV, INC 17277734395 101,042.000 MARCH 2012 CABLE SERVICES: Mi 34.99 Total : 34.99 25459 3/15/2012 002385 DKS ASSOCIATES 49434 303.303.060 ARGONNE CORRIDOR SIGNAL&D 192.91 49465 303.303.060 ARGONNE CORRIDOR SIGNAL&D 25,182.14 Total: 25375.05 25460 3/15/2012 001232 FASTENAL CO IDLEW80882 109,000.000 SUPPLIES:PW 203.46 IDLEW80927 101.000.000 SUPPLIES:PW 8.90 Total : 212.36 25461 3/15/2012 002507 FASTENERS, INC S3218603.003 101.000.000 SUPPLIES: PW 21.63 Total : 21.63 25462 3/15/2012 001447 FREE PRESS PUBLISHING INC 37617 001.013.000 LEGAL PUBLICATION 31.45 37618 001.058.056 LEGAL PUBLICATION 94.35 Total : 125.80 25463 3/15/2012 001003 GEOENGINEERS INC 0116850 303.303.141 0141 SULLIVAN&EUCLID PCC GEC 3,699.39 Total : 3,699.39 25464 3/15/2012 002235 GRAFOS, DEAN CELL ALLOWANCE 001.011.000 1ST QUARTER CELL ALLOWANCE:: 135.00 Total : 135.00 25465 3/15/2012 002271 GRASSEL, BRENDA CELL ALLOWANCE 001.011.000 1ST QUARTER CELL ALLOWANCE: 135.00 Total : 135.00 25466 3/15/2012 002682 HAFNER,CHARLES CELL ALLOWANCE 001.011,000 1ST QUARTER CELL ALLOWANCE:: 135.00 Total : 135.00 25467 3/15/2012 001723 HEDEEN&CADITZ, PLLC 6992 001.013.015 GENERAL PROFESSIONAL SERVIC 4,785.00 6993 303303.005 UNION PACIFIC RAILROAD SERVIC 3,817.50 Total : 8,602.50 25468 3/15/2012 002901 IMSA NW CERTIFICATION 20120222-1 101.042.000 IMSA CERTIFICATION: KIPP 100.00 Page: 2 vchlist Voucher List Page: 3 03/15/2012 4:32:04PM Spokane Valley Bank code: apbank Voucher Date Vendor Invoice FundlDept Description/Account Amount 25468 3/15/2012 002901 002901 IMSA NW CERTIFICATION (Continued) Total: 100.00 25469 3/15/2012 000265 JACKSON, MIKE CELL ALLOWANCE 001.013.000 1ST QUARTER CELL ALLOWANCE:: 135.00 Total : 135.00 25470 3/15/2012 000864 JUB ENGINEERS, INC. 0074685 101.042.000 TIP DATA MAINTENANCE AND UPD, 3,532.22 Total : 3,532.22 25471 3/15/2012 000786 K& N ELECTRIC MOTORS, INC. 0104950-1 101.042.000 SALT SHED LIGHTING: PW 34,910.68 0104950-2 101.042.000 TRUCK SHOP WORK: PW 10,459.93 0104950-3 101.042.000 MAG-OIL CHLORIDE TANKS&PLUA 19,145.50 Total : 64,516.11 25472 3/15/2012 000275 KERSTEN, NEIL CELLALLOWMCE 001.032.000 1ST QUARTER CELL ALLOWANCE:: 135.00 Total : 135.00 25473 3/15/2012 001944 LANCER LTD 0425207 001.058.057 BUSINESS CARDS 33.97 Total : 33.97 25474 3/15/2012 000472 LAWTON PRINTING 90019773 001.090.000 2012 CHAMBER DIRECTORYAD 1,470.00 Total : 1,470.00 25475 3/15/2012 002203 NAPA AUTO PARTS 268299 101,000.000 SUPPLIES: PW 123.45 459835 101.000.000 SUPPLIES: PW 27.16 459869 101.000.000 SUPPLIES: PW -22.00 460037 101.000.000 SUPPLIES: PW 14.69 460965 101.000.000 SUPPLIES: PW 38.97 460978 101.000.000 SUPPLIES: PW 390.27 462283 101.000.000 SUPPLIES: PW 17.69 462286 101.000.000 SUPPLIES: PW 17.69 462461 101.000.000 SUPPLIES: PW -171.96 463189 101.000.000 SUPPLIES: PW 18,80 693830 101.000.000 SUPPLIES: PW 94.17 693952 101.000.000 SUPPLIES: PW 35,88 697607 101.000.000 SUPPLIES: PW -0.57 697616 101.000.000 SUPPLIES: PW 149.92 Total : 734.16 Page: 3 vchlist Voucher List Page: 4 031/512012 4:32:04PM Spokane Valley Bank code: apbank Voucher Date Vendor Invoice Fund/Dept Description/Account Amount 25476 3/15/2012 000662 NAIL BARRICADE&SIGN CO 75579 101.042.000 SUPPLIES: PW 1,385.93 Total : 1,385.93 25477 3/15/2012 001089 POE ASPHALT PAVING, INC. FEBRUARY 2012 101.042.000 2012 STREET AND STORMWATER I 16,938.88 Total : 16,938.88 25478 3/15/2012 000064 SCHIMMELS,GARY CELL ALLOWANCE 001.011.000 1ST QUARTER CELL ALLOWANCE:: 135.00 Total: 135.00 25479 3/15/2012 002531 SIX ROBBLEES INC 5-628021 101.000.000 SUPPLIES: PW 147.19 5-628021-1 101.000.000 SUPPLIES: PW 273.73 Total : 420.92 25480 3/15/2012 001892 SKILLINGS CONNOLLY INC 7712 303.303.160 0160 ON CALL ROW ACQUISITION. 597.80 Total : 597.80 25481 3/15/2012 000172 SPOKANE CO ENGINEER VLY1201 101.042.000 COUNTY SERVICES 30,398.38 Total : 30,398.38 25482 3/15/2012 000001 SPOKANE CO TREASURER 51501059 101,042.000 FEBRUARY 2012:WORK CREW 4,533.00 Total : 4,533.00 25483 3/15/2012 002980 STOLL,TIMOTHY AND JEWEL CIP 0160 303,303.160 ROW ACQUISTIONS/EVERGREEN 1 3,750.00 Total : 3,750.00 25484 3/15/2012 001875 STRATA S120038-IN 303.303.160 0160 GEOTECHNICAL EXPLORATIC 6,563.56 Total : 6,563.56 25485 3/15/2012 001895 TAYLOR ENGINEERING INC 4 303.303.115 PROF SURVEY SVCS FOR 0115 26,117.32 Total : 26,117.32 25486 3/15/2012 000335 TIRE-RAMA 8080015829 001.058.057 38904D: OIL CHANGE 29.37 Total : 29.37 25487 3/15/2012 002254 TOWEY,TOM CELL ALLOWANCE 001.011.000 1ST QUARTER CELL ALLOWANCE:: 135.00 Total : 135.00 25488 3/15/2012 000140 WALTS MAILING SERVICE 31040 303.303.115 SPRAGUE RECONSTRUCTION PRC 1,380.86 Page: 4 vchlist Voucher List Page: 5 03/15/2012 4:32:04PM Spokane Valley Bank code: apbank Voucher Date Vendor Invoice Fund/Dept Description/Account Amount 25488 3/15/2012 000140 WALTS MAILING SERVICE (Continued) 31329 303.303.155 SULLIVAN BRIDGE 819.03 31715 303.303.060 ARGONNE RD CORRIDOR PROJEC 1,747.29 31935 303.303.155 SULLIVAN BRIDGE 852.59 Total : 4,799.77 25489 3/15/2012 000676 WEST 824546866 001.013.015 SUBSCRIPTION:LEGAL 689.96 Total : 689.96 25490 3/15/2012 002363 WESTERN STATES EQUIPMENT CO PC060681284 101.000.000 SUPPLIES: PW 20.67 W0060075443 101.000.000 SUPPLIES: PW 101.88 Total : 122.55 25491 3/15/2012 002960 WICK, BEN CELL ALLOWANCE 001.011.000 1ST QUARTER CELL ALLOWANCE:: 135.00 Total : 135.00 25492 3/15/2012 002651 WOODARD,ARNE CELL ALLOWANCE 001.011.000 1ST QUARTER CELL ALLOWANCE:: 135.00 Total : 135.00 47 Vouchers for bank code: apbank Bank total : 239,372.07 47 Vouchers in this report Total vouchers : 239,372.07 Page: 5 vchlist Voucher List Page: 1 03/22/2012 10:29:22AM Spokane Valley Bank code: apbank Voucher Date Vendor Invoice Fund/Dept Description/Account Amount 3870 3/20/2012 000048 VANTAGE TRANSFER AGENTS,401A PLAN Ben43038 001.231.14. 401A:Payment 23,428,76 Total: 23,428.76 3871 3/20/2012 000682 EFTPS Ben43040 001.231.11. FEDERAL TAXES:Payment 31,630.92 Total: 31,630.92 3872 3/20/2012 000145 VANTAGEPOINT TRANSFER AGENTS,457 PI] Ben43042 001.231.18. 457 DEFERRED COMPENSATION:Payn 5,487.04 Total: 5,487.04 3873 3/20/2012 000162 VANTAGE TRANSFER AGENTS,401A EXEC PL Ben43044 001.231.14. 401 EXEC PLAN:Payment 1,052.33 Total: 1,052.33 25508 3/20/2012 001363 AUTOMATED ACCOUNTS INC Ben42724 001.231.20. BERG,C#11130927-A 1,739.20 Total: 1,739.20 5 Vouchers for bank code: apbank Bank total: 63,338.25 5 Vouchers in this report Total vouchers: 63,338.25 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 1 am authorized to authenticate and certify said claim. Finance Director Date Mayor Date Council Member Date Page: 't vchlist Voucher List Page: 1 03/23/2012 9:59:35AM Spokane Valley Bank code: apbank Voucher Date Vendor Invoice Fund/Dept Description/Account Amount 25509 3/23/2012 002988 ACE LANDSCAPING 1028 101.042.000 2012 LANDSCAPING RIGHT OF WA 8,709.57 Total : 8,709.57 25510 3/23/2012 002968 ALL PRO SOUND 215673 001.076.305 TELEX SOUNDMATE PERSONAL LI: 152.28 Total : 152.28 25511 3/23/2012 000173 BINGAMAN, GREG EXPENSES 001.018.014 CITY HALL AT THE MALL MILEAGE 45.51 Total : 45.51 25512 3/23/2012 002981 BLISS, MAVIS CRYWOLF:2562554933 001.000.000 CRYWOLF REFUND: PERMIT#V43; 25.00 Total : 25.00 25513 3/23/2012 000815 BNSF RAILROAD CO MARCH 2012 101.042.000 CROSSING GATE DAMAGE 2,570.97 Total : 2,570.97 25514 3/23/2012 002982 BOREN, CHARLES CRYWOLF:3562366045 001.000.000 CRYWOLF REFUND: PERMIT#V434 25.00 Total : 25.00 25515 3/23/2012 002983 CANFIELD, SHIRLEY CRYWOLF:3562557155 001.000.000 CRYWOLF REFUND: PERMIT#V43: 25.00 Total : 25.00 25516 3/23/2012 002562 CD'A METALS 432499 101.000.000 SUPPLIES: PW 1,404.16 435196 101.000.000 SUPPLIES: PW 487.12 435421 101.000.000 SUPPLIES: PW 65.22 Total : 1,956.50 25517 3/23/2012 000322 CENTURYLINK MARCH 2012 001.076.302 MARCH 2012: PHONE SERVICE 230.40 Total : 230.40 25518 3/23/2012 000912 DEX MEDIA WEST MARCH 2012 001.076.304 ADVERTISING:SENIOR CENTER 39.55 Total : 39.55 25519 3/23/2012 001926 FARR,SARAH EXPENSES 001.018.014 MILEAGE&TRAVEL REIMBURSEMI 165.36 Total : 165.36 25520 3/23/2012 001232 FASTENAL CO IDLEW80988 101.042.000 SUPPLIES: PW 72.08 Page: 1 vchlist Voucher List Page: 2 03/23/2012 9:59:35AM Spokane Valley Bank code: apbank Voucher Date Vendor Invoice Fund/Dept Description/Account Amount 25520 3/23/2012 001232 001232 FASTENAL CO (Continued) Total: 72.08 25521 3/23/2012 002989 FRANK GURNEY 282557 303.303.157 CONCRETE BARRIER 4,540.00 Total : 4,540.00 25522 3/23/2012 001447 FREE PRESS PUBLISHING INC 37644 001.058.056 LEGAL PUBLICATION 91.80 37645 001.058.056 LEGAL PUBLICATION 81.60 37646 001.058.056 LEGAL PUBLICATION 68.85 Total : 242.25 25523 3/23/2012 002967 FUJITSU COMPUTER PRODUCTS 3846418 001.090.000 SCAN CARE WARRANTY 3,610.34 Total : 3,610.34 25524 3/23/2012 002235 GRAFOS, DEAN EXPENSES 001.011.000 FEBRUARY MILEAGE 35.56 Total : 35.56 25525 3/23/2012 000002 H&H BUSINESS SYSTEMS INC. 152246 001,058.050 PAPER 191.79 FEBRUARY 2012 001.058.057 COPIER COST 2,247.86 Total : 2,439.65 25526 3/23/2012 002682 HAFNER,CHARLES EXPENSES 001.011.000 FEBRUARY 2012 MILEAGE 76.59 EXPENSES 001,011.000 JANUARY 2012 MILEAGE 66.60 Total : 143.19 25527 3/23/2012 002984 HARTIN, PATRICK CRYWOLF:3562014315 001,000.000 CRYWOLF REFUND: PERMIT#V433 25.00 Total : 25.00 25528 3/23/2012 002985 HOWARD,THOMAS CRYWOLF:3562552030 00t000.000 CRYWOLF REFUND: PERMIT#V43 25.00 Total : 25.00 25529 3/23/2012 001728 HP FINANCIAL SERVICES CO APRIL 2012 001.090.000 APRIL 2012: LEASE PAYMENTS 3,794.99 Total: 3,794.99 25530 3/23/2012 002986 HUNDRUP,JIM CRYWOLF:3562558475 001.000.000 CRYWOLF REFUND: PERMIT#V43 25.00 Total : 25.00 25531 3/23/2012 002518 INLAND PACIFIC HOSE&FITINGS 468314 101.000.000 SUPPLIES: PW 25.91 Page: 2 vchlist Voucher List Page: 3 03/23/2012 9:59:35AM Spokane Valley Bank code: apbank Voucher Date Vendor Invoice Fund/Dept Description/Account Amount 25531 3/23/2012 002518 002518 INLAND PACIFIC HOSE&FITINGS (Continued) Total : 25.91 25532 3/23/2012 000012 JOURNAL OF BUSINESS INC. 2012 RENEWAL 001.018.014 2012 SUBSCRIPTION 39.95 Total : 39.95 25533 3/23/2012 000275 KERSTEN, NEIL EXPENSES 001.032.000 FEBRUARY2012 MILEAGE 48.29 Total : 48.29 25534 3/23/2012 002522 KOEGEN EDWARDS LLP 2078 001.013.015 PROFESSIONAL SVCS: POLICE SE 1,525.00 2079 001.013.015 PROFESSIONAL SVCS: GENERAL 755.30 Total : 2,280.30 25535 3/23/2012 001944 LANCER LTD 0425577 001.032.000 BUSSINESS CARDS 114.23 Total : 114.23 25536 3/23/2012 002593 LILAC CITY GARGE DOOR 30912 101.042.000 STEEL DOORS SERVICED: PW 706.97 Total : 706.97 25537 3/23/2012 001035 NETWORK DESIGN&MANAGEMENT 21043 001.090.000 MEMORY FOR SV-SECURITY2 305.86 21044 001.090.000 GBIC AND UPS FOR 2ND FLOOR CI 747.13 3211 001.090.000 SYSTEM MONTHLY MAINTENANCE 5,192.50 Total : 6,245.49 25538 3/23/2012 002364 NORTHEND TRUCK EQUIPMENT INC 1026400 101.000.000 SNOW PLOW TRUCK EQUIPMENT 9,463.23 Total : 9,463.23 25539 3/23/2012 001000 OCCMA 912 001.013.000 NW REGIONAL MGMT CONF:JACK 295.00 Total: 295.00 25540 3/23/2012 000652 OFFICE DEPOT INC. 594801710001 001.013.015 SUPPLIES: BING 63.04 598707591001 001.076.301 OFFICE SUPPLIES:CP 27.78 601400931001 001.032.000 OFFICE SUPPLIES:PW 170.79 Total : 261.61 25541 3/23/2012 002844 ONE CALL CONCEPTS, INC 1202293 001.058.050 LOCATOR TICKET MGMT SYSTEM 50.00 Total : 50.00 25542 3/23/2012 000437 PERIDOT PUBLISHING March 2015 001.011.000 NEWSPAPER SUBSCRIPTION:COL 50.00 Page: 3 vchlist Voucher List Page: 4 03/23/2012 9:59:35AM Spokane Valley Bank code: apbank Voucher Date Vendor Invoice Fund/Dept Description/Account Amount 25542 3/23/2012 000437 000437 PERIDOT PUBLISHING (Continued) Total : 50.00 25543 3/23/2012 000064 SCHIMMELS,GARY EXPENSES 001.011.000 FEBRUARY MILEAGE 52.61 Total: 52.61 25544 3/23/2012 002531 SIX ROBBLEES INC 58969 101.000.000 SUPPLIES: PW 251.08 Total : 251.08 25545 3/23/2012 000172 SPOKANE CO ENGINEER VLY1202 101.042.000 COUNTY SERVICES 33,051.55 Total : 33,051.55 25546 3/23/2012 000090 SPOKANE CO INFO SYSTEMS 50308044 001.018.013 COUNTY IT SUPPORT 20,342.02 Total : 20,342.02 25547 3/23/2012 000001 SPOKANE CO TREASURER 11002534 101.042.000 CONSTRUCTION INSPECTION:SPF 439.26 Total : 439.26 25548 3/23/2012 000404 SPOKANE VALLEY HERITAGE MUSEUM 12-14 001.013.015 GREENACRES/TRAIN DEPOT PHO" 43.44 Total : 43.44 25549 3/23/2012 000419 SUMMIT LAW GROUP 55868 001.018.016 PROFESSIONAL SERVICE:GENER, 561.00 Total : 561.00 25550 3/23/2012 000335 TIRE-RAMA 8080016028 101.042.000 47366D: OIL CHANGE 33.99 Total : 33.99 25551 3/23/2012 000717 TRANSPO GROUP, INC. 13999 101.042.133 0133 SPRAGUE ITS CONSULTANT/ 11,293.25 14207 101.042.133 0133 SPRAGUE ITS CONSULTANT/ 627.64 Total : 11,920.89 25552 3/23/2012 002987 TUNER, SONYA CRYWOLF:3562088921 001.000.000 CRYWOLF REFUND: PERMIT#V43 25.00 Total : 25.00 25553 3/23/2012 001885 ZAYO BANDWIDTH LLC MARCH 2012 001.090.000 MARCH 2012: DARK FIBER LEASE 242.39 Total : 242.39 45 Vouchers for bank code: apbank Bank total : 115,442.41 Page: 4 1.-'thlist Voucher List Page: 1 03/23/2012 11:47:31AM Spokane Valley Bank code: apbank Voucher Date Vendor Invoice Fund/Dept Description/Account Amount 25554 3/23/2012 000050 APA-INLAND EMPIRE SECTION 2012 001.058.056 CONFERENCE REGISTRATION: KU 270.00 2012 001.058.056 CONFERENCE REGISTRATION: BA: 270.00 2012 001.058.056 CONFERENCE REGISTRATION: PAI 195.00 2012 001.058.055 CONFERENCE REGISTRATION: MA 195.00 Total : 930,00 25555 3/23/2012 000506 ASCE 2012 001.058.055 ANNUAL MEMBERSHIP: GABE GAL 235.00 Total : 235.00 25556 3/23/2012 000571 CODE PUBLISHING CO 40290 001.013.000 MUNICIPAL CODE UPDATE 156.53 Total : 156.53 25557 3/23/2012 000353 INTL TRADE ALLIANCE 2011-224 001.090.000 1ST QTR 2012 OUTSIDE AGENCY: I 2,500.00 Total : 2,500.00 25558 3/23/2012 000193 NORTHWEST CHRISTIAN SCHOOL INC April 2012 001.090.000 CITY HALL RENT 39,566.35 Total : 39,566.35 25559 3/23/2012 000283 NRPA 2012 001.076.000 NATIONAL REC&PARK ASSOC ME 360.00 Total : 360.00 25560 3/23/2012 002836 PALADIN DATA SYSTEMS CORP. 1786 001.058.057 PERMIT SOFTWARE:50%AND ANT 40,885.33 Total : 40,885.33 25561 3/23/2012 000709 SENSKE LAWN&TREE CARE INC. 4148700 001.076.300 CONTRACT MAINT: FEB 2012 54,660.97 Total : 54,660.97 25562 3/23/2012 000709 SENSKE LAWN&TREE CARE INC_ 4601245 001.076.300 CONTRACT MAINT:JAN/FEB 2012 1 5,371.56 Total : 5,371.56 25563 3/23/2012 000709 SENSKE LAWN&TREE CARE INC. 268644 001.016.000 SNOW REMOVAL SVCS: PRECINCT 434.80 Total : 434.80 25564 3/23/2012 000323 SPOKANE CO UTILITIES Feb 2012 101.042.000 SEWER CHARGES FOR FEB: PW N 50.52 Total : 50.52 11 Vouchers for bank code: apbank Bank total : 145,151.06 Page: 1 vchlist Voucher List Page: 1 03/29/2012 11:46:29AM Spokane Valley Bank code: apbank Voucher Date Vendor Invoice Fund/Dept Description/Account Amount 25565 3/29/2012 000648 ABADAN 167295 303.303.115395 SPRAGUE RECONST: EVERGREEP 1,929.84 Total : 4,929.84 25566 3/29/2012 000863 CENTURY WEST ENG CORP 232982 303.303.063.595 10-011 DESIGN ROW CIP 0063 5,500.00 Total : 5,500.00 25567 3/29/2012 000322 CENTURYLINK March 2012 001.076.302.576 MARCH 2012: PHONE SERVICE 158.45 Total : 158.45 25568 3/29/2012 000999 EASTERN WAATTORNEY SVC, INC 60098 001.013.015.515 LEGAL SERVICES 45.00 60118 001.013.015.515 LEGAL SERVICES 45.00 Total : 90.00 25569 3/29/2012 001447 FREE PRESS PUBLISHING INC 37669 001.013.000.513 LEGAL PUBLICATION 56.00 37671 001.013.000.513 LEGAL PUBLICATION 34.00 37672 001.013.000.513 LEGAL PUBLICATION 43.35 Total : 133.35 25570 3/29/2012 002915 KONKRIGHT, KELLY EXPENSES 001.013.015.515 WSMA CONFERENCE REIMBURSE 169.64 Total : 169.64 25571 3/29/2012 002977 LOCAL GOV U 736296774a 001.018,016.516 WEB TRAINING 12.00 Total : 12.00 25572 3/29/2012 000788 MEDIA JOE, INC. 3364 001.090.000.594 BROADCASTING EQUIPMENT 14,809.29 Total : 14,809.29 25573 3/29/2012 000652 OFFICE DEPOT INC. 1452336239 001.058.050.558 OFFICE SUPPLIES:CD 80.93 602538175001 001.013.015.515 SUPPLIES: LEGAL 35.39 Total : 116.32 25574 3/29/2012 000307 OFFICE OF THE STATE TREASURER February 2012 001.016.000.586 STATE REMITTANCE 71,308.91 Total : 71,308.91 25575 3/29/2012 001604 PACIFIC NW PAPER 129850 001.090.000.519 COPY PAPER 1,459.84 Total : 1,459.84 Page: 1 vchlist Voucher List Page: 2 03/29/2012 11:46:29AM Spokane Valley Bank code: apbank Voucher Date Vendor Invoice Fund/Dept Description/Account Amount 25576 3/29/2012 002424 PITNEY BOWES GLOBAL 1428301-MR12 001.090.000.518 MARCH 2012: POSTAGE METER RE 275.00 Total : 275.00 25577 3/29/2012 000235 SECURE SHRED 76988 001.090.000.518 SHREDDING CHARGES 167.10 Total : 167.10 25578 3/29/2012 000308 SPOKANE CO PROSECUTING ATTY FEBRUARY 2012 001.016.000.586 CRIME VICTIMS COMPENSATION F 1,063.82 Total : 1,063.82 25579 3/29/2012 000459 SPOKANE CO TITLE CO 5-CIP 0115 303.303.115.595 TITLE ORDERS 4,402.35 Total: 4,402.35 25580 3/29/2012 000001 SPOKANE CO TREASURER 51501045 001.016.000.523 FEBRUARY 2012 HOUSING INVOIC 133,524.00 Total: 133,524.00 25581 3/29/2012 000862 SPOKANE ROCK PRODUCTS, INC. Pay App 5 303.303.112.595 INDIANAAVE. EXTENSION CN CON 4,397.51 Total : 4,397.51 25582 3/29/2012 000717 TRANSPO GROUP, INC. 14435 303.303.06t595 PINES ITS DESIGN CONSULTANT 12,761.03 Total : 12,761.03 327120198 3/27/2012 002244 AOT PUBLIC SAFETY CORPORATION SPKVLY-27 001.016.000.521 CRY WOLF CHARGES:FEBRUARY 3,327.22 Total : 3,327.22 19 Vouchers for bank code: apbank Bank total : 255,605.67 19 Vouchers in this report Total vouchers : 255,605.67 Page: 2 vchlist Voucher List Page: 1 03/30/2012 2:29:03PM Spokane Valley Bank code: apbank Voucher Date Vendor Invoice Fund/Dept Description/Account Amount 25583 3/30/2012 001606 BANNER BANK 4064 001.058.056.558 FEB 2012:4064 669.23 4375 001.011.000.511 FEB 2012:4375 20.00 4458 001.018.016.516 FEB 2012:4458 353.94 8861 001.076.305.575 FEB 2012:8861 1,257.71 9048 001.018.016.516 FEB 2012:9048 2,168.09 Total : 4,468.97 25584 3/30/2012 000918 BLUE RIBBON LINEN SUPPLY INC 9313994 001.076,305.575 LINEN SERVICE AND SUPPLY:CEP 182.92 S0028005 001.076.305.575 LINEN SUPPLY AND SERVICE:CEP 9,13 S0028049 001.076.305.575 LINEN SERVICE AND SUPPLY CEN 147.82 Total : 339.87 25585 3/30/2012 000109 COFFEE SYSTEMS INC 3820:102617 001.076.305.575 COFFEE SUPPLIES:CENTERPLAC 88.15 Total: 88.15 25586 3/30/2012 000326 CONSOLIDATED IRRIGATION#19 March 2012 001.076.300.576 UTILITIES: PARKS 67.79 Total : 67.79 25587 3/30/2012 002308 FINKE,MELISSA March 2012 001.076.301.574 INSTRUCTOR PAYMENT 190.90 Total : 190.90 25588 3/30/2012 002882 HOFFMAN MUSIC COMPANY SI-195852 001.076.305.575 AUDIO EQUIPMENT:CENTERPLAC 110.98 Total : 110.98 25589 3/30/2012 001944 LANCER LTD 0425098 001.076.305.575 BALL STRESS RELIEVER:CENTER 834.91 0425099 001.076.301.574 4"FLYING COASTERS:CENTERPL 434.85 0425578 001.076.304.575 BUSINESS CARDS 33.97 0425701 001.076.305.575 CREDIT FOR PARTIAL SHIPPING -130.44 Total : 1,173.29 25590 3/30/2012 001832 MT HOOD SOLUTIONS 0831747 001.076205.575 CLEANING SUPPLIES:CENTERPLJ 263.11 Total : 263.11 25591 3/30/2012 001084 PAP1CH,JENNIFER Expenses 001.076.301.574 EXPENSE REIMBURSEMENT 80.66 Total : 80.66 25592 3/30/2012 001860 PLATT 1283248 001.076.305.575 SUPPLIES/BATTERIES:CENTERPL 39.74 Page: 1 vchlist Voucher List Page: 2 03130/2012 2:29:03PM Spokane Valley Bank code: apbank Voucher Date Vendor Invoice Fund/Dept Description/Account Amount 25592 3/30/2012 001860 PLATT (Continued) 1293641 001.016.000.521 SUPPLIES FOR PRECINCT 78.68 1317048 001.076.305.575 SUPPLIES AT CENTERPLACE 12.71 Total : 131.13 25593 3/30/2012 002592 PURE FILTRATION PRODUCTS 10503 001.076.305.575 SUPPLIES FOR CENTERPLACE 199.17 Total : 199.17 25594 3/30/2012 000935 SERVICE PAPER CO 110652193 001.076.305.575 RESTROOM SUPPLIES AT CENTEF 1,498.08 Total : 1498.08 25595 3/30/2012 000067 SIGNS NOW 116 26509 001.076.000.576 SIGNS FOR CENTERPLACE 760.35 Total : 760.35 25596 3/30/2012 000324 SPOKANE CO WATER DIST#3 March 2012 001.076,302.576 WATER CHARGES: PARKS 32.95 Total : 32.95 25597 3/30/2012 002212 STANLEY SECURITY SOLUTIONS 9021326 001.016.000.521 MONITORING AND MAINTENANCE 81.53 Total : 81.53 25598 3/30/2012 001206 SWANSON'S REFRIGERATION&, RESTA 80006 001.076.305.575 OVEN REPAIR AND INSTALL:CENT 244.58 Total : 244.58 25599 3/30/2012 001911 THE GLOVER MANSION CP491 001.076.305.575 EVENT SERVICES AT CENTERPLAI 140,00 Total : 140.00 25600 3/30/2012 002576 TUNE TALES MUSIC, INC March 2012 001.076.301.574 INSTRUCTOR PMT:ALLEGROS 409.60 Total : 409.60 25601 3/30/2012 001409 WORLD CLASS COMMUNICATIONS 120301011 001.076.305.575 ANSWERING SVC:CENTERPLACE 22.00 Total : 22.00 19 Vouchers for bank code: apbank Bank total : 10,303.11 19 Vouchers in this report Total vouchers: 10,303.11 Page: 2 vchlist Voucher List Page: 1 03/30/2012 12:07:02PM Spokane Valley Bank code: pk-ref Voucher Date Vendor Invoice Fund/Dept Description/Account Amount 5401 3/30/2012 002226 CENTRAL PREMIX REFUND 001237.10.96 DEPOSIT REFUND:GREAT ROOM 210.00 Total : 210.00 5402 3/30/2012 002829 CHISOVA, IRINA REFUND 001.237.10.96 DEPOSIT REFUND:GREAT ROOM 210.00 Total: 210.00 5403 3/30/2012 002995 KING, LESLIE REFUND 001.237.10.96 CANCELLATION REFUND: FIRST AI 110.00 Total: 110.00 5404 3/30/2012 002996 KIRK, RALPH REFUND 001.237.10.96 CANCELLATION REFUND: ROOM 1 52.00 Total : 52.00 5405 3/30/2012 002997 MATRICAL REFUND 001.237.10.96 DEPOSIT REFUND:GREAT ROOM 210.00 Total : 210.00 5406 3/30/2012 002998 ROCKWOOD CLINIC REFUND 001.237.10.96 DEPOSIT REFUND: ROOM 111 52.00 Total : 52.00 5407 3/30/2012 002645 UNITED CHURCH OF GOD REFUND 001.237.10.96 DEPOSIT REFUND:GREAT ROOM 210.00 Total : 210,00 7 Vouchers for bank code: pk-ref Bank total : 1,054.00 7 Vouchers in this report Total vouchers: 1,054.00 Page: 1 CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: 04-10-2012 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 March 31, 2012 GOVERNING LEGISLATION: PREVIOUS COUNCIL ACTION TAKEN: BACKGROUND: OPTIONS: RECOMMENDED ACTION OR MOTION: BUDGET/FINANCIAL IMPACTS: Budget/Financial impacts: Gross: $ 238,487.05 Benefits: $ 140,792.81 Total payroll $ 379,279.86 STAFF CONTACT: Raba Nimri DRAFT MINUTES SPOKANE VALLEY CITY COUNCIL REGULAR MEETING STUDY SESSION FORMAT Spokane Valley City Hall Council Chambers Spokane Valley,Washington March 20,2012 6:00 p.m. Attendance: Councilmembers Staff Tom Towey,Mayor Mike Jackson, City Manager Gary Schimmels,Deputy Mayor Cary Driskell, City Attorney Dean Grafos,Councilmember John Hohman,Community Development Dir. Brenda Grassel, Councilmember Neil Kersten,Public Works Director Chuck Hafner, Councilmember Mark Calhoun,Finance Director Ben Wick, Councilmember Mike Stone,Parks&Recreation Director Arne Woodard, Councilmember Kelly Konkright,Deputy City Attorney Rick VanLeuven,Police Chief Steve Worley, Senior Engineer Henry Allen,Development Engineer Morgan Koudelka, Sr.Administrative Analyst Carolbelle Branch,Public Information Officer Chris Bainbridge,City Clerk Mayor Towey called the meeting to order at 6:00 p.m. 1. Greater Spokane,Inc. (GSI)Update—John Hohman Community Development Director Hohman introduced GSI President and CEO Rich Hadley, and Business Development Vice President Robin Toth and explained that over the last few months, he and City Manager Mike Jackson had a series of meetings with all the economic development partners; that one of the more interesting meetings was with members from GSI where the discussion was programs they are undertaking and elements Spokane Valley has worked on over the last few years, and that they looked for areas where we could coordinate and cooperate in the future.Mr.Hohman said Mr. Hadley and Ms. Toth will discuss their certified site program and said there are tremendous opportunities in the future for staff coordinating with GSI to make recruitment of businesses in our area a valuable undertaking. By means of his PowerPoint presentation, Mr. Hadley explained that GSI is the associated development organization officially recognized by the State as The Economic Development Organization for the region, that it is connected to all the partners; and said because of that, they are required to have, and do have a wide array of services; concerning recruitment, he said most jobs are with companies that are already here, and said their second job is to assist with business expansion and retention, and to do that, they have to do cost comparisons. Mr. Hadley listed some of the agencies they partner with, and said as a result of this partnership, the collaboration results in a "greater bang for the buck." Ms. Toth went over some of the 2012 projects; said that the aerospace industries on the east side of the state employs over 8,000 employees and pay more than the average Spokane County employee. Concerning the website "selectspokane," Ms. Toth said that they are thinking about sponsorships to help with revenue streams and enhancements on the website; she mentioned some of the new features of the website, and added that the site now has 370 Spokane Valley property listings. She said they are also working to get the brokers familiar with the website. Ms. Toth explained that concerning Certified Sites, GSI is working with the Airport, County, and City of Spokane on shovel ready sites on the West Plains for Aerospace and Distribution; and that our city is working on shovel-ready sites with one of its local developers; that the City of Cheney has submitted their Research Park for certification, and a new prospect on a County site is Council Study Session Minutes 03-20-12 Page 1 of 7 Approved by Council: DRAFT also looking to develop a binding site plan that could integrate with that certification program. She mentioned iSpokane.biz, a new website and of the information contained in a recent Alaska Airlines Magazine featuring Spokane, as well as promoting the area in the upcoming 2012 Journal of Business Magazine. Ms. Toth said they want people to make sure there is a strong brand and that the company knows they are in Spokane Valley, and realize the value the City is bringing for permitting, site certification,and bringing businesses up to code to continue to help the economy grow. Ms. Toth explained the benefits of a Port District, and said the last time a proposed Port District was on the ballot was in 1984 where it lost by a four-to-one margin; she said she feels it is time to look at this concept again, and she explained that some of the benefits of a Port District include the ability to add an increment onto property taxes, and said most ports allocate 10-15¢; and that funding could be used on a variety of projects throughout the county; she said it is a better tool to grow and develop; and said there are 75 port districts in Washington and are in most counties except Spokane and Yakima. There was discussion on the concept of Port Districts and Mr. Hadley said they are gathering information with the Board of County Commissioners to help put this on a ballot, adding that it would not be this year due to the Presidential Election, but perhaps in 2013 if the economy improves; he said it would require an education program preceding an election of about six months to a year; he said we can only have one port County-wide; that the task force should have completed their information gathering by the end of the summer. Councilmember Wick said he would like more information as this concept progresses, and Mr. Hadley concurred. Councilmember Grafos mentioned the need for the property on the site selector to be zoned correctly, as incorrect zoning could be a detriment to a business opportunity To further explain a Port District, Mr. Hadley said that the boundary of the district and the commissioners, usually three, are determined at the time of the ballot measure; and that those commissioners would make a determination on the property assessment after they're elected, adding that he is not aware of any ports that don't have some form of property assessment; he said without it, it makes doing infrastructure difficult because of the cost. In response to a question concerning the status of Fairchild Air Force Base, Mr. Hadley said there are two things he could speak to now: one is the land use study and that they are going through the process and said the issue is how to prevent sensitive uses inside the area that could impair flight operations; he said if a development impacts their ability to fly or impairs the Air Force's mission or encroaches on the Base, that could result in one or more bases closing; he said next Monday night a public hearing will be held in Airway Heights on their Draft Impact Statement on the casino and the mixed use development,which he said is right under the flight part for Fairchild and is an encroachment; adding that no one else could do what is bring proposed; he said it would put Fairchild Air Force Base at risk because they would have 10,000 fewer airmen, there would be a need to reduce the infrastructure bases by 30-35%;he said they are a lot of bases and we are in competition with all those other bases; and they would have to decide which are strategic by mission, location, physical condition, capabilities, and how they perform their mission. Mr. Hadley said there was another article in the Federal Register today wherein it was stated if Congress won't approve the base closure process, the Department of Defense would. 2. H2O Conference Update—Henry Allen Community Development Director Hohman said this report is in follow-up to a request of Councilmember Woodard for a review of a breakfast meeting conducted last month, which Councilmember Woodard attended and which was also attended by Spokane Valley City Development Engineer Henry Allen. Mr. Hohman said that Development Engineer Allen has been with the City of Spokane Valley for about six years;that prior to that he lived in various areas throughout the west and has a great deal of private and public experience that he brings to the City; said he is a very valuable resource and one of the most technically competent engineers in the region when looking at stormwater issues. Mr. Allen gave some background about his interest in this topic, and then hit the highlights of the H20's meeting's guest speaker, Pat Mulroy,from the Southern Nevada Water Authority. Mr. Allen said that the information given by Mr. Mulroy was that surplus water supplies were gone, and that the fear of running out of water made for some "brutally-ugly"negotiations; he said the message was,that communities need Council Study Session Minutes 03-20-12 Page 2 of 7 Approved by Council: DRAFT to work interdependently. Mr. Allen summarized the meeting by explaining that Idaho is actively adjudicating water rights within the Spokane Valley/Rathdrum Prairie Aquifer,while Washington State is not, primarily because the legislature has not funded it. Mr. Allen said if the water supply situation gets contested,it will go to the Supreme Court, and they'll evaluate the water situation on both states based on what has been adjudicated,which he said is what happened in Walla Walla, Washington; he said Oregon spent time to adjudicate their water rights so Washington came out on the "short side;"he said if we don't know what our water rights are and our needs and future needs, and the matter goes to court,we will be at a disadvantage. Councilmember Woodard said we need to encourage our legislators to act on this issue. 3. Draft Amended 2012 Transportation Improvement Plan(TIP)—Steve Worley Public Works Director Kersten said that this is mostly a housekeeping type of item; that each year Council approves a six-year TIP and as we progress through the year, some changes occur; and to keep the TIP current, we need to make sure all the projects are included. In response to a question about the STEP Program (Septic Tank Elimination Program) Mr. Kersten said to his knowledge, Green Haven is the last of the residential STEP projects. There were no objections from Council to proceed with this item at the March 27 council meeting. 4.Union Pacific Railroad Agreement for Pines Road Crossing Improvements—Steve Worley Senior Engineer Worley said that this agreement has been in process a long time, and he went over the background as per the March 20, 2012 Request for Council Action form, explaining about the WUTC's (Washington Utilities and Transportation Commission) petition for the railroad crossing improvements; and said the bottom line is,the railroad owns the equipment within their right-of-way; that they make the improvements and pay to maintain it, and we are just paying for the relocation work that needs to be done because of the previous work done on the road; and that the agreement states we would pay the actual costs. Mr. Worley said if the railroad agrees with their attorney, we hope to come back next week for final approval of the agreement. Mayor Towey called for a recess at 7:28 p.m. and reconvened the meeting at 7:42 p.m. 5. Spokane Transit Authority (STA) Agreement, Sidewalk and Transit Accessibility Project #0154 — Steve Worley Mr. Worley explained that last year the SRTC (Spokane Regional Transportation Council) issued a new Freedom Call for Projects; he explained Freedom funds are targeted towards projects that provide new or enhanced public transportation and public transportation alternatives for individuals with disabilities; and that eligible projects include sidewalks, accessible bus stops, and shelters. Mr. Worley said that staff evaluated the new grant criteria and identified projects that they feel have the highest potential to be funded; that staff coordinated with the STA (Spokane Transit Authority) and the FTA (Federal Transit Administration) in developing site plans and receiving a categorical exclusion on the environmental impacts of the project; and that those two agencies approved the authorization of funding for improvements; although we later learned that the total amount of funds available was considerably less than originally anticipated. Mr. Worley said the draft agreement between STA and Spokane Valley has been reviewed by the Public Works and Legal staff; that the required match on the New Freedom funded projects is 20%. Mr. Worley also went over the location of the projects per the accompanying site map. There were no objections from Council to proceed with this item at the March 27 council meeting. 6. Safe Routes to School, Call for Projects—Steve Worley Public Works Director Kersten said that the goals of this program are to address pedestrian and bicycle mobility and safety near elementary and middle schools; that the program is funded with a combination of state and federal funds, and applications are due May 2, 2012, and he showed maps of the locations being recommended by staff for funding, which include Bowdish Road, 8th to 12th Avenue; Park Road-Sinto Avenue to Indiana Avenue; and Park Road-Marietta Avenue to Buckeye Avenue. Mr. Kersten mentioned there is no required local match on these funded projects; but that during the ranking of projects, Council Study Session Minutes 03-20-12 Page 3 of 7 Approved by Council: DRAFT preference will be given to projects where the local agency provided matching funds. Mr. Kersten said if we want to consider a match, 5% would be appropriate; and he said staff can bring this item back next week and show the impact of a few options for including our matching funds. Councilmember Hafner said a few members of council are meeting with some students from Bowdish next Monday and they want to know about possible sidewalks. Mr. Kersten said we are concentrating on elementary schools first, then we will progress to middle schools. Mr. Worley added that staff coordinated with the school districts to find out their highest priorities in terms of getting kids to school and that the schools will partner with us to educate the kids on how to safely walk to school. Mr. Kersten said he will lay out the total funding for council's review next week; adding that staff felt we would be doing well to get three projects funded, and that it takes more time to submit all the projects. 7. Pavement Management Plan—Neil Kersten Mr. Worley said council and staff went over the Pavement Management Plan at the retreat, and it was recommended to take this to the City's Finance Committee, which was done; that the goal was to adopt the plan then look at potential funding for that plan; and Mr. Worley went through his PowerPoint presentation giving an update on the process. Councilmember Hafner said he believes we are in a critical stage of road preservation,that we know we can't fund all $11 million,but could get a good start on it; he said we need to look at funding and start picking up where we lost ground in the last five or six years, and that we need some sustaining resources and to consider taking every revenue source we have and put it toward road preservation. Mayor Towey said the finance committee recognizes this will have to be a "two-prong attack" whereby we implement a preservation plan and also determine the best revenue to fit that plan; that we get the plan then concentrate on the revenue streams. Mr. Kersten said the Plan is scheduled to be brought to council next week for approval, which doesn't commit to any funding level, and that the next step would be to develop a funding plan. There were no objections from council. Mr. Jackson added that if Council approves the Plan next week, it will be immediately followed by discussion concerning funding. 8.Animal Control—Morgan Koudelka Senior Administrative Analyst Koudelka explained that this is an opportunity to discuss the County Commissioner Mielke's previous presentation concerning a proposed regional animal control facility, and to then discuss the next steps. Via his PowerPoint presentation,Mr. Koudelka explained that his slides are the same as a year ago, with the changes italicized; and some of those changes include that SpokAnimal has reversed course and said they will continue providing animal control services, that it is unknown at this time if Spokane will participate in the latest proposal,the County has stated that staying in the current facility is not an option regardless of whether Spokane joins the regional coalition, the Task Force determined that the option of renovating a City of Spokane owned property was not possible using current operational dollars; the County decided to pursue a county-wide ballot measure which failed; and the County has identified a new non-ballot option. Mr. Koudelka suggested Council draft questions for the County as they pursue their proposal. Councilmember Grafos suggested we let the County buy the building since they are charged with providing these services, and Mr. Koudelka said we would have to ask if they'd be willing to do that; then examine what that would consist of annually compared to operating cost they're estimating for us, and compared with the cost of what we have been paying annually now. Mr. Koudelka said this last model that Commissioner Mielke provided establishes a percentage for the City of Spokane that was lower than before;he said that prior to the ballot measure,we had concerns we might be subsidizing others; and said we feel we need to determine how Spokane's costs are determined,then look at all the combined costs and what we would be facing if we don't go into that new building. Mayor Towey asked if three entities share in the cost to purchase the building,would they share in the liability of the building, and Mr. Koudelka said yes, that there would be liability concerns, and said it would be simpler if the County owned the building, and we paid our share. Councilmember Wick asked if Spokane City doesn't join would that building be cost effective for us and the County, and should we be making a decision on a building before we know how large it needs to be? Council Study Session Minutes 03-20-12 Page 4 of 7 Approved by Council: DRAFT Mr. Koudelka responded that with such a large player undecided,the question remains of what that would do to our contribution and operating costs, and would we be paying for a facility larger than needed if Spokane doesn't join. Councilmember Hafner asked how soon do we need to make a decision; he mentioned the failed ballot, and the projected $5 million new proposed option; he said our City's cost of $900,000 is just the beginning as remodeling will cost a lost more, and said he feels a contract could be worked out to address these issues. Councilmember Grafos reiterated that the building should be the County's and not the City's responsibility; and he asked how much it would cost us to use the facility. Mr. Koudelka replied that the terms we would be given are unknown. Councilmember Woodard asked if they included the smaller communities, how quickly would they be able to adjust their figures, and said he would like to see those scenarios. Further discussion included questions about the level of service; the amount of space needed; a fixed cost contract for Spokane Valley similar to Spokane's; our City's options of looking to SpokAnimal or having it in-house. Councilmember Woodard voiced his opinion that he is not interested in owning the building; said we will continue to grow and it appears SpokAnimal is not a long-term option; and that he prefers pursuing the option with the County. Councilmember Grassel said she would like to see the figures from SpokAnimal of what they could provide as she is concerned with a building purchase option that includes six acres and a dog park; that we have higher priorities such as roads; and she would like to look at all options, including how other cities have handled these situations. Mr. Koudelka said that the County has stated that staying in the current facility is not an option; that they are looking at moving regardless of the ballot measure, and said if we stay with them,we're moving too, or we look at other options;he agreed with the need to know how long we have and said we don't know if the City of Spokane had other timeframes and whether they had a finite amount of time to make their decision. Councilmember Hafner said he would like the questions pursued with the County to see what our options are with them; that he favors a contract if we can work with the County; and added that he doesn't like having to make quick decisions, but rather needs all the facts first. Mr. Jackson said the current contract we have with the County is ongoing unless either side issues notice of cancellation. Mayor Towey said he feels we should work with our partner the County. Councilmember Grassel repeated that we have not heard from SpokAnimal and would like to see their figures on operating costs; said she doesn't see the need to purchase a building and rehabilitate it and include six acres; and said if we went along with that, we would be subsidizing a dog park as well; and she again questioned why that needs to be part of the cost; she said budgets are tight and she wants to see other options so Council can make the best decision. Councilmember Grafos added that he too is not interested in buying a building; is interested in a contract and would like to know the length of the contract they'd require from us; and said he likes the idea of cost based on usage. Mr. Koudelka said he will find out what the response time would be on the majority of these questions; and in a few weeks he'd come back to Council with an update; he said he hopes to find out when the County is planning on vacating the current property and making the move to the new property, and said that will help us know how much time we have to consider other options. Councilmember Hafner asked if the County would move ahead with us; and Councilmember Woodard asked if the dog park would be open to the public or just for the facility use. Mayor Towey asked if there were any objections to staff bringing back more information including the answers to the above questions. There were no objections. At 9:00 p.m. it was moved by Deputy Mayor Schimmels, seconded and unanimously agreed to extend the meeting thirty minutes. 9. Economic Development Committee—Mike Jackson,John Hohman City Manager Jackson explained that Council had previously suggested forming an Economic Development Committee to examine some of the infrastructure needs, and other ways for such a committee to gather information and provide input; he said we are on a short-term push; that there has been a lot of activity with Mr. Hohman's work plan and with the permit center; said they are looking at zoning and stormwater work on Sprague; the Gateway to the City at Thierman, and had very good Council Study Session Minutes 03-20-12 Page 5 of 7 Approved by Council: DRAFT meetings with all the economic development partners, and said they are starting to get a better understanding of the regional emphasis on economic development; that they have been discussing what a committee might be able to provide; and some of the suggestions they received were to look at the Department of Commerce and their various levels of economic development, including infrastructure, roads, bridges,parks, and whether they feel the City is doing a good job; he said we have a great library, and a great fire district so we're strong there but weak in the organizational level; that they have talked to our partners and they agree with the idea of a committee,but don't want to overlap;he said this would be a committee to generate ideas of what can we do to enhance economic development and grow our sense of community. Mr. Jackson said staff would like to hear from council on the mechanics of putting together a committee, and said staff is ready to publish the ad seeking committee members if that is council's direction; or staff could advertise for committee members, and bring back the fmal format. Mr. Jackson said the Mayor suggested that whatever the committee proposes, it should also be economically feasible. Council discussion and ideas included the desire to move as soon as possible; the idea is to attract visitors and have our economy grow; invite economic development partners as committee members or for the committee to have discussions with those partners; the idea of keeping it a small group; that there should be no political agenda but an informal meeting with key people from different sectors of the community; to include large multiple property owners, and that the committee members need not be residents of Spokane Valley. Community Development Director Hohman suggested that staff would have a Scope of Work for the committee;that they would meet a few times to sort through the ideas of how to reach out to those individuals, and determine what areas we are interested in expanding; and to focus on how to move forward and meet with industry drivers. There was also some discussion on advertising versus asking people to serve. Council concurred to have staff advertise for committee members; that the committee would include two business owners or leaders, two people from tourism or the hotel industry, two councilmembers, a citizen at large, and a youth aged 16-19, as well as Mr. Hohman as staff liaison; with the goal of having the committee finalize their task within four months. 10.Advance Agenda—Mayor Towey Councilmember Grassel asked if the upcoming town hall meetings could include adding a picture of our website's homepage and guidance on how members of the public can locate the Council Meeting Agenda packet, either with or without the backup materials, and to talk about the technology we have available to the public. City Clerk Bainbridge asked for clarification, if Councilmember Grassel was referring to the upcoming State of the City Addresses, and she confirmed that was what she was referring to. Mr. Jackson said we should be able to accommodate that request. Councilmember Grafos asked about the status of the raised concrete median on Appleway and Barker and that he was expecting further information from the City Attorney's office. Mr. Jackson said that information was provided,that it was designed to let Council know that traffic medians are an administrative matter and not a legislative matter; that a licensed traffic engineer makes that decision; he said there doesn't appear to be much room for change in that particular issue; he said staff is working to resolve that internally and will let those citizens know the final decision; he said this involves several issues to consider such as funding for the project, that it requires the City to plan and design on a twenty-year time frame; and under those particular circumstances that median is the correct length; and said he doesn't see a lot of latitude or basis for changes; and said that staff was trying to convey that in that memorandum; that only a licensed traffic engineer can make the final decision on traffic designs. Councilmembers Grafos and Grassel asked about the median on 29th and if the City of Spokane has a different rule they must follow. City Manager Jackson said staff is looking at all the options, and in this particular issue, they know there was a lot of discussion and consideration; that while we can look at other examples, we must rely on the traffic engineer; and said it also depends on the distance to the driveway trying to access the intersection, as well as traffic volumes; that roads and medians are designed to be safe; and in this particular case, it appears the right decision was made and it is a safe intersection; and to make any changes could expose the city to liability issues. Mr. Jackson said they will look at the issue at 29th, and will come back to council with Council Study Session Minutes 03-20-12 Page 6 of 7 Approved by Council: DRAFT discussion in terms of what we do regarding infrastructure, and said we are open to demonstrating that we considered the impacts. At 9:50 p.m. it was moved by Deputy Mayor Schimmels and seconded to extend the meeting another twenty minutes. In Favor: Mayor Towey, Deputy Mayor Schimmels, and Councilmembers Hafner, Grassel, Grafos, and Wick. Opposed: Councilmember Woodard. Motion carried. 11. Council Check-in—Mayor Towey. There were no comments. 12. City Manager Comments—Mike Jackson City Manager Jackson said Council should now have copies of letters sent out as a result of last week's council meeting, which included a letter sent in response to a request from Mr. Rick Scott in connection with the Power Coalition's prevention outreach grant; and a letter to government officials and entities concerning the Department of Early Learning. Mr. Jackson said the solid waste meeting is scheduled for March 29, and said he believes that was meant for just the task force, but that he will attempt to get that confirmed; and said the tour of the County's proposed regional animal shelter building is tomorrow. Deputy Mayor Schimmels said he agreed with Mr. Jackson's assessment of the meeting geared toward the just the task force. There being no further business, it was moved by Deputy Mayor Schimmels and seconded to adjourn. In Favor: Mayor Towey, Deputy Mayor Schimmels, and Councilmembers Hafner, Wick, Grassel, and Grafos. Opposed: Councilmember Woodard. Motion carried. The meeting adjourned at 9:54 p.m. ATTEST: Thomas E. Towey,Mayor Christine Bainbridge, City Clerk Council Study Session Minutes 03-20-12 Page 7 of 7 Approved by Council: DRAFT MINUTES City of Spokane Valley City Council Regular Meetings Formal Meeting Format Tuesday,March 27,2012 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 Mike Stone,Parks&Recreation Director Steve Worley, Senior Engineer Lori Barlow, Senior Planner Carolbelle Branch,Public Information Officer Christine Bainbridge, City Clerk INVOCATION: Pastor John Vanderwalker from Community of Christ Church gave the invocation. PLEDGE OF ALLEGIANCE: Mayor Towey 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: n/a COMMITTEE,BOARD,LIAISON SUMMARY REPORTS: Councilmember Woodard: said he attended the Sullivan Road Design meeting where they discussed viable ways to keep the Bridge open during the construction; spoke at the Spokane Valley Business Association Meeting; attended the Chamber of Commerce meeting; went to the Pines Sidewalk infill project meeting where they heard concerns from citizens about the project's impacts; and said he went to the open house for the potential Regional Animal Shelter building. Councilmember Wick: reported that he attended the Chamber of Commerce Connections Breakfast, and the Governance Committee meeting. Councilmember Grafos: said he attended the Chamber of Commerce breakfast; and the GMA (Growth Management Act) Steering Committee meeting. Deputy Mayor Schimmels: reported he attended the Sullivan Bridge meeting; the STA (Spokane Transit Authority) Meeting; the SRTC (Spokane Regional Transportation Council) half-day Retreat; and went to the Spokane County open house for the proposed SCRAPS Animal Shelter. Councilmember Grassel: said she attended the "Great Turn Around," a county-wide event and national fundraiser to raise funds for Life Services, a home for unwed mothers;mentioned the Board Meeting with the Convention and Visitor's Bureau and that we heard from GSI (Greater Spokane, Inc.) at a previous council meeting; said she went to another community organization for homeless youth to help them get off the street, get counseling and complete their education; and yesterday met with the students from Bowdish Junior High concerning their social studies group program. Councilmember Hafner: said he attended an Urban Growth Management meeting and hearing where about thirty-five people testified to either change or not change, the boundary, and said at the next Council Regular Meeting 03-27-2012 Page 1 of 10 Approved by Council: DRAFT meeting the Board will evaluate the input and give the recommendations to the Board of County Commissioners, who are the only ones with the authority to make that decision; said he also went to the STA meeting and they continue to re-organize how they operate; attended the Health Board meeting where lack of revenues was discussed; went to the 9-1-1 committee meeting; attended the Sullivan Bridge meeting; and met with the 7th graders from Bowdish Junior High School who talked about the pros and cons of the a bridge over Highway 27. MAYOR'S REPORT: Mayor Towey reported that he attended most of the meetings already described; that last Wednesday he helped serve lunch for a group of about forty people at Meals on Wheels at Opportunity Presbyterian Church; attended the City's Governance Committee Meeting and said the manual is scheduled to be brought to council April 10; he attended the Board of Health Committee meeting and mentioned a proposed change to the solid waste system for collecting fees and said they had been experiencing a shortfall every year so they took reserves to fill that shortfall,adding when you take money from reserves for a long-standing problem,you eventually run out of reserves. Mayor Towey said the Board decided to delay the vote to make the necessary changes until a workable solution could be determined; remarked that he was impressed with the Bowdish Students' presentation; he attended the informal meeting he has monthly with the Mayor of Liberty Lake and Central Valley School District Superintendent, and their topics of conversation included how to encourage and enhance the community image for all jurisdictions. PUBLIC COMMENTS: Mayor Towey invited general public comments. Nick Cavender, 13619 E. 30th Ave (924-0779): spoke concerning truck parking in residential zones; said he submitted a Citizen's Action Request two years ago regarding his concern with his neighborhood being used for overnight parking for commercial semi-trucks and trailers and other commercial vehicles, such as Fed-Ex trucks; said his request at that time ended with his stating that by not addressing this issue, it would be setting a precedent that can only cause the situation to become worse; and he said today, within a two-block radius of his home,there are now four semi-trucks and trailers and Fed-Ex trucks that routinely park overnight in the neighborhood. He said he has nothing against truck drivers; but he doesn't want to be living next to a truck stop, and he said there are no ordinances to protection from damages such as damaging the character and nature of the neighborhoods and lowering the value of their homes. He said when he checked at City Hall to see what ordinances there are to address this issue,he was routed to the police who told him the only restrictions they were aware of were posted weight restrictions. He said Spokane has an ordinance regarding parking commercial vehicles in residential areas, in particular prohibiting habitual or overnight parking in residential areas. He said he feels the citizens need to be protected by the government in cases such as this; and he asked the City of Spokane Valley to have an ordinance similar to that of Spokane City. William Schroder, attorney with Paine Hamblen, 717 West Sprague Avenue, Suite 1200, 99201: spoke concerning and on behalf of the Valley Heritage Museum, he mentioned the comments submitted about two weeks ago about the Museum and a lawsuit concerning that,which he said is now terminated; he said the Museum wanted to talk tonight to present some of the Museum's perspectives, and he referenced his handout packet, (which the Clerk previously distributed to Councilmembers). He game some history of the Museum building,which he said is the last standing Township Hall in Washington State; he explained that the County gave the property to the City of Spokane Valley, and shortly afterward in 2004 the City of Spokane Valley deeded the property to the Spokane Valley Heritage Museum for the operation of a public museum. He said for many years the parking lot was not blocked or fenced; but during 2009 three businesses close to the Museum started a lawsuit against the Museum concerning the Museum's blocked off parking lot, which blocked access to their businesses. He said the issues previously addressed to council have already been addressed in Spokane County Superior Court, which lawsuit was dismissed with prejudice, finding that there was no legal basis for the claim that the Museum had misused its parking area, or did anything wrong in blocking off the parking area; and said this nonprofit organization is an important part of the heritage of Spokane Valley. Council Regular Meeting 03-27-2012 Page 2 of 10 Approved by Council: DRAFT Jayne Singleton,Director of the Spokane Valley Heritage Museum: shared some of the background of the museum, including renovating, preserving and protecting an historical landmark; and said the building is now listed on the local, State and National Historic Register; said they were recently included in a prestigious list of historic buildings called Spokane Matters; that only twelve buildings were selected; they recently received a grant from the Spokane Preservation Advocates to continue to renovate the building; and a grant from Washington Trust for historical preservation. She mentioned they are a center of community pride and activity; and mentioned some of their activities and events. Herman Meyer, Director at the Spokane Heritage Museum, residing at 14015 E. Wellesley: said he's on the committee that helps to develop the outside projects; and he too gave some history of what they have accomplished and planned for since 2004 for the Museum. Jamie McCloud, 11710 E. Alki Avenue: said she has been a volunteer at the Museum since 2010 and served as secretary of board meetings,group tour leader, and grant writer; and said she owns a business in Spokane Valley; she said the values of this City are community value and pride and focus on the future and an open and collaborative government; and to identify with the present, there must be an understanding of the history of the community, and she mentioned how the museum publicly represents local history. Al Shrock, 510 N Mamer: said he is pleased to have been part of the museum since the beginning and he values what the Museum stands for; and he spoke of the honorable remembrance of our heritage in the Valley and of this Museum's part in that heritage. Mayor Towey urged people who want to promote the museum, to give their comments during the Lodging Tax Allocation action item later on tonight's agenda. Mr. Sharp, 12623 E. Broadway Avenue: spoke of his grassroots' effort regarding the state of the public education system and said that the current education model is outdated; said he needs engagement on all government levels; said the dropout rate is about 33% and larger in major cities, and will continue if the education model is not addressed; said there is currently no incentive to graduate; said he has spoken with State Representatives and Senators; said he feels every person has a responsibility to change this and he urged people to write to Congress. 1. PUBLIC HEARING: Draft Amended 2012 Transportation Improvement Plan—Steve Worley Mayor Towey opened the public hearing at 6:49 p.m. Senior Engineer Worley explained that tonight's hearing is an opportunity to receive comment concerning the draft amended 2012 Transportation Improvement Plan; he said this has been presented several times; that the changes are needed to make the current year plan show the projects which received funding and those projects we propose moving forward, as well as those which were carried over. Mayor Towey invited public comment. No comments were offered and Mayor Towey closed the public hearing at 6:51 p.m. 2. 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 03/092012 25364-25418; 305120008; 306120140 $310,719.22 03/09/2012 25419-25444 $34,570.20 03/16/2012 25493-25507 $51,960.08 GRAND TOTAL $397,249.50 b.Approval of Payroll for period ending March 15,2012: $280,481.88 c.Approval of Minutes of March 6,2012 Council Study Session Format Meeting d.Approval of Minutes of March 13,2012 Council Formal Format Meeting Council Regular Meeting 03-27-2012 Page 3 of 10 Approved by Council: DRAFT It was moved by Deputy Mayor Schimmels, seconded and unanimously agreed to approve the Consent Agenda. NEW BUSINESS: 3.First Reading Proposed Ordinance 12-012, Special Event Permits—Cary Driskell After City Clerk Bainbridge read the ordinance title, it was moved by Deputy Mayor Schimmels and seconded to advance Ordinance 12-012 relating to special event permits, to a second reading. City Attorney Driskell mentioned that Police Chief VanLeuven is here as well. Mr. Driskell went over the history of this ordinance and of subsequent safety concerns which culminated in this draft ordinance to consider repealing the provisions that provide conditions under which a special event permit may be issued for charitable solicitation in the roadway. Mr. Driskell also stated that he met with representatives from the Fire Department Union, as they were the ones working with MDA (Muscular Dystrophy Association); and Mr. Driskell said it was his impression that they understand the concern and respect the outcome should this ordinance be approved; and said if adopted, they would work hard to determine a way to do this fundraising in a safe manner. Mr. Driskell said staff recommends moving this ordinance forward. Mayor Towey invited public comment; no comments were offered. There was brief discussion concerning the safety and liability issue and Mr. Driskell said after his meeting with the Fire Department representatives, and talking to them about using parking lots or other ways to hold the event,he feels they realize there are other, safer ways to engage in the same work. Vote by Acclamation: In Favor: Unanimous. Opposed:None. Motion carried. 4. Proposed Resolution Amending 2012 Transportation Improvement Plan(TIP)—Steve Worley It was moved by Deputy Mayor Schimmels and seconded to approve Resolution 12-001 adopting the Amended 2012 TIP as presented by staff Mr. Worley mentioned that the TIP is a way to allow us to use the REET (real estate excise tax) funds, which are funds used as grant matching funds and according to State statutes, can only be used on projects in an adopted plan. Mr. Worley also noted that this amendment is strictly for 2012, and that another six-year plan will be forth coming later this year as required by law. Mayor Towey invited public comment; no comments were offered. Vote by Acclamation:In Favor: Unanimous. Opposed:None. Motion carried. 5.Motion Consideration: Lodging Tax Allocations—Mark Calhoun It was moved by Deputy Mayor Schimmels and seconded to approve the allocations of Lodging Tax Funds, Round 2,for calendar year 2012, based on the average of the individual recommendations of the Lodging Tax Committee members, except the recommendation for the Arts Council, which has been deemed ineligible: (1) Valleyfest $10, 200, (2) Spokane Valley Heritage Museum $1,100, (3) Spokane Regional Convention and Visitor's Bureau $258,760, (4) Spokane County Fair & Expo Center $28,240, for a total appropriation of$298,300. Finance Director Calhoun explained the history of the process and what qualifies for funding. Councilmember Hafner asked if the lodging tax is set to sunset in 2013, and Mr. Calhoun said we will continue to collect the 2% tax,but the law governing how the tax may be used will change July 1, 2013; currently the funds can be spent on operations of agencies and for capital projects of agencies other than the city,but beginning July 1, 2013,the funds will only be able to be spent on promotional activities, such as marketing and advertising. City Attorney Driskell said regarding the changes in the law in 2013, legal can bring information to council later to more fully explain those upcoming changes. Mayor Towey invited public comment. DeeDee Loberg, 18306 4th Avenue: she encouraged Council to take another look at Valleyfest;which she said fills all the intended purposes of the State Statutes;and she asked Council to reconsider the allocation for Valleyfest; she said that moving to a three-day event has been a large endeavor, it means more sponsors; and said they work toward the idea of bringing in people; and said that three-day event hasn't yet reached its full potential; and is the best bet for our valley. Sally Jackson, 11722 East 6th: said she thinks Valleyfest was originally instituted to honor the farmers and orchardists that inhabited this valley; said she feels it necessary to continue that and that they need a Council Regular Meeting 03-27-2012 Page 4 of 10 Approved by Council: DRAFT bigger part of the pie than what was allotted; said it would be wonderful to add more dollars to Valleyfest, and she feels this is something that encourages people to visit the valley. There were no further public comments. Councilmember Wick said he has been on the Board for the Fair &Expo Center in the past but no longer serves in the capacity, and said he feels he does not have any bias in this matter. Councilmember Hafner asked Mr. Calhoun if Valleyfest meets the requirements of the auditor and the statute, and Mr. Calhoun said they do, through June 30, 2013. Councilmember Woodard said he supports Valleyfest, and said this is not the first money that has been granted to Valleyfest for the year, that he feels it is disingenuous when $19,000 was granted from the Economic Development part of funds from last fall, and that it was never mentioned when we come to this grant; and said at times he feels it has pitted the valley against Council, and said he doesn't appreciate that, and said he feels all Councilmembers support Valleyfest. Mayor Towey said he has always supported Valleyfest and feels it is a very worthwhile organization, and has worked with the other agencies as well, and said the decision on fund allocations is not an easy one. There was discussion on the procedure and the allocations, and Councilmember Grafos suggested several changes to the allocations, including $30,000 to Valleyfest. Councilmember Wick suggested changing the total allocation to $303,720 and allocating the extra funds to the Fair & Expo Center, and Councilmember Woodard said he preferred giving the extra estimated $5,000 to the CVB (Convention and Visitor's Bureau). Councilmember Wick asked about the possibility of increasing the Fair & Expo Center's allocation to about$25,000 which is closer to the Committee's recommendation, and decreasing Valleyfest by $5,000; and Councilmember Grassel agreed and said that Valleyfest had previously received a city grant of$19,000 and the Fair & Expo Center had not. Councilmember Hafner spoke in support of Valleyfest and he recommended the $30,000 as well to Valleyfest. Councilmember Wick asked if the reserve would support an additional $5,000, and Finance Director Calhoun said he sees no problem in drawing the fund balance down to $118,000. It was moved by Councilmember Wick to amend the motion to allocate $30,000 for Valleyfest; $1,100 to the Museum, $25,720 to the Convention and Visitor's Bureau, and $25,900 to the Fair and Expo Center for a total allocation of$308,720. The motion was seconded. Mayor Towey invited public comments; no comments were offered. Vote on the motion to amend the motion: In Favor: Unanimous. Opposed: None. Motion approved to amend the motion. Vote on the amended motion to approve the allocations of Lodging Tax Funds, Round 2, for calendar year 2012, based on the average of the individual recommendations of the Lodging Tax Committee members, as amended, except the recommendation for the Arts Council which has been deemed ineligible: Valleyfest $30,000, Spokane Valley Heritage Museum $1,100, Spokane Regional Convention and Visitor's Bureau $251,720, Spokane County Fair & Expo Center $25,900, for a total appropriation of$308,720:In Favor: Unanimous. Opposed:None. Motion carried. Mayor Towey called for a recess at 7:45 p.m., and reconvened the meeting at 7:58 p.m.. 6. Motion Consideration: STA (Spokane Transit Authority) Agreement, Sidewalk and Transit Accessibility Project#0154-Worley It was moved by Deputy Mayor Schimmels and seconded to authorize the City Manager to execute the STA Agreement allowing the City to utilize New Freedom Funds for the Sidewalk and Transit Stop Accessibility Project#0154. Engineer Worley explained that these funds are targeted toward projects and programs that provide new or enhanced public transportation and public transportation alternatives for individuals with disabilities in rural and urban areas; and eligible capital projects include sidewalks, accessible but stops and shelters. Mr.Worley also said that if we receive funding,we will proceed with as many projects as the funds would allow; that originally we thought there would be more funds available; but we now learn there will be much less than anticipated; he said staff will work down the list until we use up the funds and will look at each location and see what benefits the most pedestrians or transit riders, and said the projects will be coordinated with STA. Mayor Towey invited public comments; no comments were offered. Vote by Acclamation:In Favor: Unanimous. Opposed:None. Motion carried. Council Regular Meeting 03-27-2012 Page 5 of 10 Approved by Council: DRAFT 7. Motion Consideration: Union Pacific Railroad Agreement for Pines Road Railroad Crossing Improvements—Steve Worley It was moved by Deputy Mayor Schimmels and seconded to authorize the City Manager to execute the Agreement with Union Pacific Railroad for the Pines Road Crossing Improvements, which is part of the Pines/Mansfield Project #0005. Senior Engineer Worley explained that the revised agreement has been agreed to by staff and the Union Pacific Railroad and their attorney. Mayor Towey invited public comment; no comments were offered. Vote by Acclamation: In Favor: Unanimous. Opposed: None. Motion carried. 8.Motion Consideration: Safe Routes to School Call for Projects—Steve Worley It was moved by Deputy Mayor Schimmels and seconded to approve the (1)Bowdish Road, 8th Avenue to 12th Avenue, (2) Park Road, Sinto Avenue to Indiana Avenue, and (3) Park Road, Marietta Avenue to Buckeye Ave projects for the Safe Routes to Schools grant applications. Mr. Worley said last week staff presented these three recommended projects; said he is aware student from Bowdish Middle School made a presentation about one of the projects we were considering, but said we felt the other project for the elementary school was of higher priority;he said the total amount of dollars has not yet been identified by WSDOT (Washington State Department of Transportation); and said the State has the ability to add money even after setting the initial amount; he said also discussed last week was that a match is not required and can be added if council desires; and said if there were two equally qualified projects, the State would select the one with a local match. Mr. Worley said costs are identified on each project in the council packet material. Mr. Worley asked if Council would like to add a certain percentage as a local match to try to improve our chances of being funded. After discussion on whether to include matching funds, it was determined staff will start preparing the applications, and will bring Council several options for different percentages of matching funds. Mayor Towey invited public comments; none were offered. Vote by Acclamation:In Favor: Unanimous. Opposed:None. Motion carried. 9.Motion Consideration: Pavement Management Plan—Neil Kersten It was moved by Deputy Mayor Schimmels and seconded, to approve the "Pavement Management Plan Update for 2011." Speaking for Mr. Kersten, Senior Engineer Worley explained that this Plan was presented at the retreat and discussed at the last council meeting; that it is a six-year plan with recommendations on how to maintain the pavement for local access,residential and arterials, and outlines the projects to be done in the next six years, as well as identifies projects that have street construction based on the street deterioration. In response to a question from Councilmember Grassel about the life span of the roads as noted on page 11 of the Plan, Mr. Worley explained that they have changed the method used to build roads, and he addressed the idea of cold joints falling apart and of the change in methods to make a better joint. Mr. Worley also noted that every winter is different, and one year could have more or less impact than another. Vote by Acclamation: In Favor: Unanimous. Opposed: None. Motion carried. PUBLIC COMMENT: Mayor Towey invited general public comments. Shannon Workman, 2304 N Dollar Road, spoke in favor of directional signs; said her business is off Trent on Dollar Road, and they are hoping that directional signs will be able to be placed on Trent to show where their business is located. ADMINISTRATIVE REPORTS: 10.Funding Options,Pavement Management—Mark Calhoun,Mike Jackson Finance Director Calhoun said that now that the Pavement Management Plan has been approved, discussion can move concerning how to finance street preservation projects. Mr. Calhoun said the ideal outcome would be a plan that allows the City to accomplish as much of the plan as possible through the use of existing financial resources, while at the same time following the existing policy of setting aside 40% of the General Fund balance in excess of$26 million and maintain the existing levels of service in City operations. He said given the magnitude of the financial commitment needed to carry out the Plan, staff believes it is not possible to meet the needs of the plan without an additional sustainable revenue Council Regular Meeting 03-27-2012 Page 6 of 10 Approved by Council: DRAFT source, which would have to be addressed by Council likely within the next few years. Director Calhoun said there are two funding options, as noted in the accompanying Request for Council Action form; Option 1 is to continue to follow the City's current policy of setting aside 40% of the general fund balance in excess of$26 million for street capital projects. He said last week the 2011 books were closed and at the end of 2011, the unreserved fund balance in the general fund is approximately $28,050,000; which he said exceeds the $26 million by slightly over $2 million dollars, and said 40% of that is approximately $820,000. Finance Director Calhoun said that $820,000 together with the approximate $750,000 that remains uncommitted in Fund 311, provides $1,570,000 for street preservation in calendar year 2012. He further explained that that figure is on top of another $611,000 already committed by council for street preservation, which is for the Evergreen Road, 16th to 32nd Project; so all total this amounts to a commitment for street preservation of$2,181,000.00 for 2012. Mr. Calhoun said if we were to take 40% of the excess of$26 million,that would leave an unreserved fund balance in the general fund of approximately $27.2 million. Mr. Calhoun said he and Mr. Jackson have discussed this at length and it is their collective recommendation Council seriously consider Option 1 as it preserves the General Fund Balance to address a number of issues that continually come up, one of which is the Sullivan Street Bridge repairs, which is approximately a $20 million project,with half of those funds or$10 million still needed. Mr. Calhoun mentioned there have also been continual discussions of a possible future city hall building, the potential future cost of developing a park if the property on Sprague Avenue is acquired, plus the ongoing maintenance cost of that land; we have the potential investment in an animal control facility, as well as the potential investment in a solid waste facility, and said the State legislature continues to struggle with its budget, and we know that the State's shared revenues will be reduced for our city and all municipalities; and said he estimates a loss of about$300,000 to $500,000 annually. With those issues in mind, Mr. Calhoun said the recommendation is to stay with the current policy of setting aside 40% of the general fund in excess of$26 million. Option 2, explained Director Calhoun, would be to set aside up to 100% of the General Fund balance in excess of$26 million, or an estimated $2,050,000 for street capital improvements and also commit the $750,000 remaining reserves in Fund #311, and that collectively that would provide approximately $2.8 million for street preservation projects in 2012; plus adding the aforementioned $611,000, would bring the 2012 commitment to just over$3.4 million.Mr. Calhoun said this is not the preferred approach as any unforeseen emergency, drop in revenue or unplanned expenditure could cause the ending fund balance to dip below the $26 million. Mr. Calhoun mentioned that this discussion so far has only focused on 2012, and in the development of the 2013 budget and for budgets beyond 2013,he said he would envision there must be ongoing discussion in coming up with additional sustainable revenues to tackle this important, and every expensive, street preservation plan. The cost for the Sullivan Bridge was mentioned and Mr. Jackson added that we know we will need to spend some of the reserve on the Bridge, and we might want to set aside money for a City Hall in the future as well; and said we might want to start to set aside some of that money into specific funds and keep it there; and said that the current policy enabled us to generate this kind of money; and he extended compliments to staff as $1.4 million was returned to the general fund by thrifty department heads not spending all their allocation; and said we have money in the street fund that goes toward street preservation, and said that some of the major projects like the Sprague Overlay is also a preservation project; he said we have talked to Council about trying to more accurately track our total preservation contributions, but it far exceeds the $2,181,000 and is probably closer to four or five million that gets spent on preservation. Mr. Jackson said there was a mild increase in sales tax which was eaten up by the reduction in other revenues, and said we can expect more of that in the future; he said it will hurt to have the allocation of the excise tax going to the state, and that we won't share in the benefit of the privatization of the liquor excess revenues; and overall we were down about $45,000 in revenue. City Finance Director Calhoun agreed with that figure and said there will be a report forthcoming to council April 10 showing that although sales taxes were up a little, several other revenues were down; and stressed that the real return was the departments coming in under budget. Council Regular Meeting 03-27-2012 Page 7 of 10 Approved by Council: DRAFT Councilmember Hafner said he knows the importance of Sullivan Bridge, but going back to 2008 we were looking at fourteen to nineteen road segments necessary for 2012 that we haven't funded, and said the cost of not taking proper care of our streets now will cost four to six times more later; and said this is the same story we have heard since 2007; and said we need to put in monies that will be available for road preservation; he said he doesn't care about a city hall if we have bad roads; and said he prefers option 2; and in regard to the $26 million,he asked what percentage do we try to keep for our rainy day fund. City Manager Jackson replied that it really isn't a rainy day; and said we need to be careful as we were previously discussing projects such as the Old Milwaukee Trail, the Gateway Project, and other improvements, and that they all cost money. Mr. Jackson said part of what we try to do is look for ways to generate economic development and increase our revenue through our existing base; and said there must be a balance; that we need to address the problem, and said this is the biggest cut we have taken at the problem in many years; and it is a substantial investment.Mr.Jackson said he would like to look at all the other projects and potential costs with Council, as we know we want to invest in economic development, but we don't know what kind of other projects might surface, adding that if we are successful in getting the Old Milwaukee right-of-way, it will be a substantial cost to put in that trail; that we are still working on the Great Northern, and we are talking about economic development of the Sprague Property; and said all those projects should be considered together; he said the intent is to enhance economic development in bringing in additional revenue into the City. Councilmember Hafner said that may well be correct, but we have "talked the same story since 2007." Mr. Jackson said rather than a rainy day fund,this is our ending fund balance;that as we continue to move into 2013, we need to dedicate some of that funding, which will be entirely at the discretion of Council; he said he feels we all agree we need to start to set aside some money for Sullivan Bridge, and setting aside money for the other projects can be discussed later; he said this is the first year we have set aside this 40% and feels the outcome is outstanding and that the policy is working; and said before long we will be in 2013, and any money left in that reserve will be dedicated to street preservation as per the policy,which also gives us the opportunity to come back and review and discuss the policy. Councilmember Hafner said he feels $26 million is substantial and we can use that other $2.8 million to go toward preservation. Councilmember Grassel asked if the policy was for 15% of the general fund for the reserve. Mr. Jackson said we have a basic minimum of 15% which will not get a municipality out of trouble in a poor economy; and said we have the policy of maintaining our ending fund balance at $26 million; he said we can narrow those policies in the next budget process and determine how much absolutely does the city need in our ending fund balance, based on our Finance Director's calculations and our cash flow situation; and said we could find at that time Council might want to set aside another $2 million toward preservation; he said he feels it would be good to let this policy play out for this year and come back and have that discussion; and said from staff's perspective we are only a month away from starting on the 2013 budget. Mayor Towey said since incorporation, we have never set aside dedicated monies for preservation, even though they knew in 2007 and 2008 what kind of situation we were going to be in in 2012; said he feels we have made substantial forward progress in setting these funds, and said he feels option 1 is the best option in 2012. Mayor Towey said he doesn't feel it would be wise now to dedicate any other monies since we don't know how much money we will need to support Sullivan Bridge; and said we can't rely on receiving the TIGER grant funds; and said we have made substantial progress to correct what they should have done in 2007. Councilmember Grafos said he disagrees;that time is money and $26 million isn't a magic number; if we took the $2 million we would still have the $26 million in reserves; he said currently construction costs are low,he said he feels it prudent to use the $2 million, set the cap at $26 million for 2012; and said we will get additional funding if the public works department can come up with enough projects to even spend that money; and he suggested taking all that money and put it in the road preservation fund;he said it was a fight two years ago to start that fund with $500,000; and now there's another $750,000 in that fund; and said we probably won't even be able to spend all that money; and that pretty soon it will be 2013; but by having those dollars in there we can look at those projects on a realistic basis; and said he prefers option 2. Council Regular Meeting 03-27-2012 Page 8 of 10 Approved by Council: DRAFT Councilmember Wick said he favors option 1; said he believes council needs to look into street preservation and investment,he said he doesn't see either of these options as being a fix to implement the end goal to address street preservation; said we can't only live on roads; that road preservation is a key component, said he would hate for us to miss out on some of the trail enhancements, or a future city hall, or some of the other projects; and said he feels we cannot implement full street preservation without an additional or some dedicated fund; and said he prefers not to go to an option 2 without first having a dedicated revenue source. Councilmember Woodard said if we give public works an opportunity to get those projects ready, we could probably get the money spent; and said both options would help generate jobs. Councilmember Hafner said whether option 1 or 2 or another option is selected, there must be sustainable funding in the future; and these current options are to get something started which hasn't been done for many years; and said so long as we can keep the fund balance at $26 million, he sees no reason why we can't start with public works and tell them we like option 2,and"let's go get it." Councilmember Grassel said that during the retreat, the finance committee was asked to look into this more, and since Councilmembers Hafner and Grafos are members of the finance committee, and they are recommending option 2, that she also favors option 2; that she agrees construction costs are lower now; and she voiced her concern about councilmembers stating we need to find another sustainable revenue; she said this is a core function of a municipality's budget; and said the taxpayers expect council to use their property tax money, and REET funds and to preserve roads from the general fund; and said former the council already imposed a utility tax and citizens she has spoken with have told her that is already another revenue source. Councilmember Grassel said we need to look at every dime we spend in the general fund; and said she needs to be able to give a good response to citizens why this council cannot fix the roads with the money already being taken from the citizens; and said she is not willing to even consider another revenue source until she knows every stone has been overturned, and we have been as efficient as possible; and said she doesn't feel citizens would support another revenue source; and feels a bond issue on a ballot would likely fail; but said we could do that just to take a poll and see. At 9:00 p.m., it was moved by Deputy Mayor Schimmels, seconded and unanimously agreed to extend the meeting an hour. Deputy Mayor Schimmels said he doesn't believe we will be happy spending every dime we think we can find;he said he is very conservative about match or grant money, and every agency is in some financial problem, and we shouldn't assume we'll get everything,that he feels we don't stand a chance in getting big grants; and said we should work our way through this year and leave the money in the bank. Councilmember Grafos said in addition to the $26 million, there's another $5 million in the service stabilization fund, so total reserves are about $40 million. City Manager Jackson said some of those are dedicated funds; he said you will always need to have some money in the bank; that it's not really money that's available for discretionary spending; and added that staff would not bring both of these options to council if they felt either one was not responsible; that it doesn't have to do with just the money, but with the concept of starting to spend that ending fund balance down, and said it has been our goal to try to maintain that through this difficult economy; and was something that helped staff conserve spending, and again stated that it was no small feat to come up with that balance; that we have a very small, dedicated staff doing everything it can do be economically responsible. Mr. Jackson said as Councilmember Grassel stated, there is always room for improvement; and said he encourages option 1, but staff will abide by whatever decision council makes. After further brief discussion on the benefits of either option, a show of hands indicated three councilmembers in favor of option 1, and four councilmembers in favor of option 2. Mr. Jackson said he will bring back a motion to council at an upcoming meeting to consider implementing option 2. 11. Sign Code Regulations—John Hohman,Lori Barlow Community Development Director Hohman explained how some of the sign regulations weren't accomplishing what Council was looking for as council wanted to increase flexibility; that staff has been working toward that and part of that was done a few weeks ago when the landscaping regulations were addressed; and he said the goal is to determine how to make this a better community. Director Hohman said in reflecting on every aspect of how we do business, like code enforcement, there was a lot of Council Regular Meeting 03-27-2012 Page 9 of 10 Approved by Council: DRAFT discussion about the proper method and whether there is a way to implement regulations in a more straight-forward practical manner; he said we are currently complaint driven and we need to examine how the code functions and make sure council is comfortable with the direction we are headed; he recommended Council look through the changes proposed as it is staff's intention that we will be enforcing these codes in a practical common sense manner, neither heavy-handed nor looking the other way. Senior Planner Barlow went over the proposed changes as noted in her PowerPoint presentation. At 10:00 p.m., it was moved by Deputy Mayor Schimmels and seconded, to extend the meeting forty-five minutes. In Favor:Mayor Towey, Deputy Mayor Schimmels, and Councilmembers Grassel, Grafos, Wick and Woodard. Opposed: Councilmember Hafner. Motion carried. There was discussion on reducing the space to allow for more signs and including a spacing requirement, with Councilmember Grafos suggesting 200' instead of 500' and mention from Mayor Towey that we could move forward for a first reading, staff could gather more information between now and then, and amendments could be made later to satisfy any preferred adjustments. Mayor Towey asked if there were any objections to bringing this forward April 10 for a first reading;no objections were voiced. 12.Advance Agenda—Mayor Towey Mayor Towey mentioned that there is no meeting next week; but said there will be no lack of meetings in April as we have a joint meeting with Spokane City April 19, here at city hall. Mayor Towey also mentioned there will be four State of the City Addresses, with the first one next week, April 5, at the Valley Fourth Memorial Church,2303 S Bowdish. INFORMATION ONLY 13. Department Reports, (14) New Washington State Department of Transportation Funding Program, and the (15) Regional Toxics Task Force Agreement were informational only and were not reported or discussed. 16.EXECUTIVE SESSION: Potential/Pending 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 potential/pending litigation, and that no action would be taken upon return to open session. Council adjourned into Executive Session at 10:16 p.m. At approximately 10:44 p.m., Mayor Towey declared Council out of Executive Session, immediately after which it was moved by Deputy Mayor Schimmels, seconded and unanimously agreed to adjourn. Thomas E.Towey,Mayor ATTEST: Christine Bainbridge,City Clerk Council Regular Meeting 03-27-2012 Page 10 of 10 Approved by Council: CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: April 10, 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: Second Reading Proposed Ordinance 12-012 amending SVMC 5.15. (Special Event Permits) GOVERNING LEGISLATION: SVMC 5.15 PREVIOUS COUNCIL ACTION TAKEN: Adoption and subsequent amendments of SVMC 5.15 relating to special events permits in 2008; first reading on March 27, 2012. BACKGROUND: When the City adopted provisions for special events permits that allow charitable solicitation utilizing the roadway, there was only one known entity doing this, Muscular Dystrophy's Fill the Boot program. Recognizing that other groups may want to get such permits, the City put in requirements for obtaining at least one million dollars of insurance for each event, limiting the frequency to once per year per organization, requiring flagger training for any person entering the roadway, as well as other safety-based requirements. Since these provisions were adopted, the City has seen an increasing number of groups using the roadway for charitable solicitation. None of the groups who have received such permits have met all of the safety requirements, with the violations primarily related to who is allowed in the roadway, and being in the roadway when traffic is moving. These safety issues have been personally observed by City staff, members of the City Police Department, and reported to staff by citizens. Given the safety concerns, staff has recommended that the Council consider repealing the provisions of the Code that provide conditions under which a s pecial event permit may be issued for charitable solicitation in the roadway. Staff has prepared a draft ordinance that would repeal SVMC 5.15.080J, which identifies requirements for obtaining such a permit. If the Council repeals SVMC 5.15.080J, staff would no longer grant permits related to such activity. OPTIONS: (1) approve Ordinance 12-012 as drafted; (2) request changes to proposed Ordinance 12-012; (3) do not hing, and the City staff will continue to process special event permits for charitable solicitation in the roadway subject to the Code. RECOMMENDED ACTION OR MOTION: I move that we approve Ordinance 12-012 relating to special event permits. BUDGET/FINANCIAL IMPACTS: NA STAFF CONTACT: Cary Driskell, City Attorney; Rick VanLeuven, Police Chief ATTACHMENTS: Proposed Ordinance 12-012 DRAFT CITY OF SPOKANE VALLEY SPOKANE COUNTY,WASHINGTON ORDINANCE NO. 12-012 AN ORDINANCE OF THE CITY OF SPOKANE VALLEY, SPOKANE COUNTY, WASHINGTON,AMENDING SPOKANE VALLEY MUNICIPAL CODE SECTION 5.15.080 BY REPEALING SUBSECTION 5.15.080J RELATING TO SPECIAL EVENT PERMITS FOR CHARITABLE SOLICITATION IN THE RIGHTS-OF-WAY, AND OTHER MATTERS RELATING THERETO. WHEREAS, in 2008,the City adopted Ordinance 08-013,which contained provisions relating to special event permit requirements in Spokane Valley Municipal Code section 5.15.080J for charitable solicitation in roadways; and WHEREAS, these special event permit requirements were intended to address safety concerns identified by City staff and by City law enforcement personnel; and WHEREAS, City staff and law enforcement have personally observed and received citizen comments regarding numerous instances of failure to comply with special event permit safety requirements from every organization which has obtained one for engaging in charitable solicitation in the roadways;and WHEREAS, the City does not have sufficient financial or personnel resources to monitor each such special event of charitable solicitation in the roadways to ensure compliance with Municipal Code requirements; and WHEREAS, there are sufficient means by which organizations may solicit funds within the City which do not include entry into roadways; and WHEREAS,with the amendment identified herein repealing provisions relating to special permit requirements, City staff will no longer approve such permits which seek permission to perform charitable solicitation in roadways; and WHEREAS, the City has a paramount duty to protect the life, health and safety of its citizens, including pedestrians and the motoring public. NOW, THEREFORE, the City Council of the City of Spokane Valley, Washington ordains as follows: Section 1. Amendment. Spokane Valley Municipal Code section 5.15.080 is hereby amended by repealing subsection 5.15.080J,as set forth below. 5.15.080 Permit—Issuance standards. The parks and recreation director shall not issue a special event permit if: A. The time,route,or size of the event will unreasonably disrupt the movement of traffic along streets; Ordinance 12-002,Special Event Permits Page 1 of 3 DRAFT B. The size or nature of the event requires supervision by a significant number of police officers that causes unreasonable expense or diversion of police duties; C. The applicant has failed to remit all fees,documents,or proof of bonds; D. The applicant has failed to conduct a previously authorized special event in accordance with law or the terms of a permit,or both; E. The police department or City traffic engineer fails to sign the permit due to traffic or other safety concerns; F. The applicant has failed to provide sufficient safety, health or sanitation equipment services, or facilities; G. The applicant has not provided sufficient off-site parking or shuttle service,or both,when required to minimize substantial adverse impacts on general parking and traffic circulation caused by the event; H. The special event will substantially interfere with any other special event for which a permit has already been granted or with the provision of City services in support of other scheduled special events or governmental functions; I. The special event would block traffic lanes or close streets during peak commuter hours on weekdays between 7:00 a.m.to 9:00 a.m. and 4:00 p.m.to 6:00 p.m. on streets designated as arterials by the City's public works department. J. Any of the following provisions for charitable solicitation in the rights of way occur: 1. The applicant or organization represented by the applicant has been granted a special event permit by the City to engage in charitable solicitation in the City rights of way within the preceding 12 months; 2. The applicant has failed to provide sufficient documentation to demonstrate that all persons who will be entering the roadway in any manner related to the event have successfully completed the Spokane County Incident Traffic Control Program or its equivalent,including Washington State Department of Transportation Flagger Certification, and that certification is current; or 3. The applicant has failed to provide sufficient documentation to demonstrate that all persons who will be entering into the roadway in any manner related to the event arc at least 18 years of age on the day of the event. Section 2. Remainder of SVMC 5.15 Unchanged. The remaining provisions of SVMC 5.15 are unchanged by this amendment. Ordinance 12-002,Special Event Permits Page 2 of 3 DRAFT Section 3. Severability. If any section, sentence, clause or phrase 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, sentence,clause or phrase of this Ordinance. Section 4. Effective Date. This Ordinance shall be in full force and effect five days after the date of publication of this Ordinance or a summary thereof in the official newspaper of the City. PASSED by the City Council this day of April,2012. Mayor,Thomas E. Towey ATTEST: City Clerk, Christine Bainbridge Approved as to Form: Office of the City Attorney Date of Publication: Effective Date: Ordinance 12-002,Special Event Permits Page 3 of 3 CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: April 10, 2012 Department Director Approval: x Check all that apply: ❑ consent ❑ old business ® new business ❑ public hearing ❑ information ❑ admin. report ❑ pending legislation ❑ executive session AGENDA ITEM TITLE: First Reading Proposed Ordinance 12-013, Amendment to the Spokane Valley Municipal Code (SVMC) 22.110 (Sign Regulations) GOVERNING LEGISLATION: SVMC 17.80.150 and 19.30.040 PREVIOUS COUNCIL ACTION TAKEN: On July 5, 2011, Council directed staff to review the sign regulations. Information was presented to the Council on August 15 and October 20, 2011. Council directed staff on October 20, 2011 to proceed with amendments to SVMC 22.110. A study session was held on March 27, 2012. BACKGROUND: City Council directed staff to review the sign regulations. Staff compared the regulations to the adjacent jurisdictions, and Council identified specific issues to be addressed by the amendment. On January 12, 2012 the Planning Commission was presented an overview of the changes proposed. On January 26, 2012 a public hearing was conducted and continued to the February 9th meeting. As a result of the testimony provided, the Commission directed staff to provide language that would allow off-premise directional signage for businesses located on sites without arterial frontage. At the conclusion of the public hearing the Planning Commission voted 7-0 to recommend approval of the proposed amendments. The amendments accomplish Council directives and address additional items determined appropriate by the Commission. Staff has included incidental changes within the chapter to assure consistency throughout the regulations. The significant changes recommended for approval are: 1. Section 22.110.040—Table 22.110-1 a. Allow multi-family complexes to display one 20 sq. ft. wall sign; b. Increase the number of free standing signs allowed on lots with greater than 500 ft. of arterial street frontage in the Mixed Use and Office Zones; and c. Increase the number of free standing signs allowed on lots with greater than 300 ft. of street frontage in Commercial and Industrial zones. d. Allow monument signs along all street frontages to be utilized for subdivisions, multi-family complexes and institutional uses in all zones and business in neighborhood business zones 2. Section 22.110.040.D Allow off premises directional signs to be displayed and establish specific criteria that a business must conform to; 3. Section 22.110.050.A-H Allow each business to display one temporary sign up to 32 square feet in size without a permit with criteria for sign materials, display location, and a provision for additional unlimited signage displays twice per year with a temporary sign permit. 4. Section 22.110.050.1 Allow each business to display one A-frame sign with criteria for size, maintenance, display time, and location. 5. Section 22.110.050.K — Allow A-frame signs to be used for open house/directional signage with criteria for size, location, and display time. 6. Section 22.110.060.B — Require electronic signs to have automatic dimming devices. The proposed sign code text amendments were presented to Council on March 27, 2012. The Council discussed the proposal to allow additional free standing signs at a ratio to lot width. Comment on this issue was provided by Steve Wineinger, President of ProSign Inc., at the Feb. 9, 2012 public hearing, requesting that free-standing signs be allowed for multi-business complexes at a ratio of 1 freestanding sign per 250' frontage, and 1 additional sign for each additional 200' of frontage or fraction thereof. The Council did not reach consensus on whether to modify the ratio and did not identify any other issues. The draft Ordinance reflects the amendments as recommended by the Planning Commission. The Council may modify the draft as indicated below. OPTIONS: Advance Ordinance 12-013 to a second reading, with or without minor changes; or remand substantial changes back to the Planning Commission for a future scheduled public hearing. RECOMMENDED ACTION OR MOTION: Motion to advance ordinance 12-013 to a Second Reading scheduled for April 24, 2012 BUDGET/FINANCIAL IMPACTS: None STAFF CONTACT: Lori Barlow, AICP, Senior Planner ATTACHMENTS: Ordinance 12-013 PowerPoint Presentation Planning Commission Findings Previously submitted documents (minutes, etc.) DRAFT CITY OF SPOKANE VALLEY SPOKANE COUNTY,WASHINGTON ORDINANCE NO. 12-013 AN ORDINANCE OF THE CITY OF SPOKANE VALLEY, SPOKANE COUNTY, WASHINGTON AMENDING SECTIONS OF SPOKANE VALLEY MUNICIPAL CODE 22.110 SIGN REGULATIONS, AND OTHER MATTERS RELATED THERETO. WHEREAS, the City of Spokane Valley (City) adopted Spokane Valley Municipal Code Title 22 (SVMC)pursuant to Ordinance 07-015, on September 25, 2007; and WHEREAS, Chapter 22.110 Sign Regulations of the Municipal Code (SVMC) became effective October 28, 2007; and WHEREAS, such regulations and amendments thereto are authorized by RCW 35A.63 and RCW 36.70A; and WHEREAS, the Council finds that the amendments to Chapter 22.110 Sign Regulations of the SVMC set forth below are consistent with the goals and policies of the City's Comprehensive Plan; and WHEREAS, the Council finds the amendments to Chapter 22.110 set forth below maintain the health, safety, and welfare of the general public; 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 22.110 as amended, bears a substantial relation to the public health, safety and welfare and protection of the environment; and WHEREAS, on January 12, 2012, the Planning Commission reviewed the proposed amendments; and WHEREAS, On January 26, 2012, the Commission held a public hearing and received evidence, information, public testimony and a staff report with a recommendation; and WHEREAS, On February 9, 2012, the Commission continued the public hearing and received evidence, information, public testimony, a staff report with a recommendation and deliberated; and Draft Ordinance 12-013 Amending SVMC 22.110(Sign Regulations) Page 1 of 9 DRAFT WHEREAS, On February 9, 2012, the Commission deliberated and provided a recommendation; and WHEREAS, On February 23, 2012, the Commission approved the findings and recommendation; and WHEREAS, on March 27, 2012, Council reviewed the proposed amendments; and WHEREAS, on April 8, 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 22.110 is amended as follows: 22.110.020 Prohibited signs. The following signs are prohibited: A. Signs which by coloring, shape, wording or location resemble or conflict with traffic control signs or devices; B. Signs that create a safety hazard for pedestrian or vehicular traffic; C. Flashing signs; D. Portable signs; except A-frame signs specifically allowed pursuant to 22.110.050.I. E. Signs located within the public right-of-way, except official signs and except bus benches placed pursuant to an agreement with the City; F. Signs attached to or placed on a vehicle or trailer parked on public or private property; provided, that this provision shall not be construed as prohibiting the identification of a business or its product on a vehicle operating during the normal course of business; G. Signs obstructing visibility within any clearview triangle as established in Chapter 22.70 SVMC; H. Billboards except when permitted as provided in SVMC 22.110.130; I. Off-premises signs, except off-premise directional signs allowed pursuant to section 22.110.040.D; J. Temporary signs unless specifically allowed pursuant to SVMC 22.110.050; K. Abandoned signs and sign structures. (Ord. 07-015 § 4, 2007). Draft Ordinance 12-013 Amending SVMC 22.110(Sign Regulations) Page 2 of 9 DRAFT 22.110.030 Permit required. A. Other than for those uses listed in subsection B of this section, a sign permit is required for all allowed permanent signs, temporary signs, unless otherwise specified, and billboards. B. Permits are not required for on-premises official signs; seasonal decorations; merchandise displays; point-of-purchase advertising displays; national and state flags; flags of a political subdivision; notice signs,pennants and streamers without advertising copy; symbolic flags of nonprofit institutions dedicated to public service; legal notices required by law; barber poles; historic site designations; commemorative monuments/plaques; gravestones; advertising copy affixed to phone booths; donation and recycling containers; lettering or symbols applied directly onto or flush-mounted magnetically to a motor vehicle operating in the normal course of business; political signs supporting political issues, candidates or ballot measures; replacement of copy on signs otherwise permitted; name plates with less than four square feet of copy area; directional signs with less than four square feet of copy area; and murals containing no copy. C. Permit applications shall include a site plan that provides the following information: 1. The location of the affected lot,building(s) and sign(s); 2. The scale of the site plan; 3. A scaled drawing of the proposed sign or sign revision, including size, height, copy, structural footing details, method of attachment and illumination; 4. The location of all existing signs on the site including size and height; 5. For signs subject to spacing regulations, the location of neighboring signs on adjacent properties; 6. Approved sign plan, if applicable; and 7. Tax parcel number where proposed sign will be located. (Ord. 09-010 § 1, 2009; Ord. 07-015 § 4, 2007). 22.110.040 Number, general regulations for permitted permanent signs. A. Permitted permanent signs shall comply with the requirements of Table 22.110-1. No more than the maximum numbers of either freestanding pole signs or monument sign structures are allowed per parcel. Draft Ordinance 12-013 Amending SVMC 22.110(Sign Regulations) Page 3 of 9 DRAFT Table 22.110-1—Location,Height and Copy Area Requirements Maximum w 0 Land Use Zoning District o o _ . Additional Provisions f� w wo wo a a o = man : : ao 0 0 .o a a a Z Z � w � w c a Attached Wall Signs Multifarily Complex All Zones _ _ _ _ _ _ Y 1 sign up to 20 sq.ft. Instituti4nal1 Residential Zones * n/a n/a n/a Y *25%of wall area Residential Single Business 1 n/a 60 n/a n/a n/a Y All Mixed Use and Nonresidential * n/a * n/a n/a n/a Y *25%of wall area per Nonresidential building Zones Freestanding Signs ,.......wim Subdiviion/Area *Per arterial street Name ultifamily All Zones 1* 10 32 n/a n/a n/a Y frontage 1 per 500 ft.of Comple /Institutional 1 arterial street frontage and 1 for each additional 500 Single Business Neighborhood 1 20 100 n/a n/a 5 Y ft.or fraction thereof in Business(NC) Mixed Use and Office Multi-Business Complex Zones 1* 20 n/a 100 n/a 5 Y Zones; or Single Business 1* 30 n/a 100 200 5 y 1 per 300 ft.of street Mixed Use and frontage and 1 for each Nonresidential additional 300 ft.or Zones(except fraction thereof in Multi-Business Complex NC) 1* 40 250 n/a n/a 5 1 Commercial and Industrial Zones. Nonresidential Freeway* All Nonresidential 1 50 250 n/a n/a 5 Y *Adjacent to I-90 only Zones Monument Signs Subdivision/Area Name/Multifamily All Zones 1 10 32 n/a n/a n/a Y Comple /Institutional Per arterial street frontage Single Business Neighborhood 1* 7 75 n/a n/a 5 Y Draft Ordinance 12-013 Amending SVMC 22.110(Sign Regulations) Page 4 of 9 DRAFT Multi-Business Complex Business(NC) 2* 7 90 n/a n/a 5 Y Zones Single Business All Mixed Use 2* 7 90 n/a n/a 5 Y and *Per street frontage Multi-Business Complex Nonresidential 2* 7 150 n/a n/a 5 Y Zones Mil Other Signs Directional All Zones n/a n/a 4 n/a n/a n/a N Name Plates All Zones 1 n/a 4 n/a n/a n/a N I Institutional includes nonprofit,religious or public uses,such as a church,library,public,or private school,hospital,or government owned or operated building,structure,or land used for public purposes. Draft Ordinance 12-013 Amending SVMC 22.110(Sign Regulations) Page 5 of 9 DRAFT B. In addition to the permanent signs allowed pursuant to Table 22.110-1, a single decorative emblem (or standard) constructed of durable vinyl with a thickness of not less than 13 mls for every 50 feet of frontage shall be allowed. The lowest horizontal member of the bracket shall be located at a height of not less than seven feet above the adjacent grade. C. Where three or more single businesses agree to share a single sign structure, an additional 20 percent of copy area shall be allowed up to a maximum of 250 square feet. (Ord. 09-010 § 1, 2009; Ord. 07-015 § 4, 2007). D. Off-Premises Directional Signs. It is the intent of this section to allow the limited placement of off-premises directional signs by co-locating on an existing conforming monument sign, freestanding sign, or building wall. The business locating on an existing sign must conform to the following criteria: 1. The business must be located on a private easement or local access street; 2. The business and proposed sign must be located in a commercial, office or mixed zone area; 3. Text shall be limited to the business name, logo, and a directional arrow and may include certain advancing language as "next right"; 4. The sign must be located on the nearest collector or arterial. If a business has double frontage, staff will review this unique situation to determine if two directional signs are warranted; 5. Sign area is limited to fifteen square feet; this shall not be construed to allow the on- premises sign to increase its sign area; and 6. If the business using an off-premises directional sign leaves its location, the business must remove the sign within sixty days. 7. If the site has no existing signage or buildings, then a freestanding sign meeting the requirements above may be allowed. 22.110.050 Permitted temporary signs. Except as otherwise described under this section, no permit is necessary for temporary signs. Temporary signs are not allowed to continually advertise goods, services or events on a site; permanent signs shall be used for that purpose. A. A temporary sign advertising a special event, sale, promotion, opening of a new business or opening of a business under new management may be displayed and must be removed at end of use, event or condition. B. Number of Temporary Signs—No more than one (1) such sign shall be allowed at any one time for a use, except as permitted below. C. Signage shall be limited to 32 square feet in size. D. All temporary signs must be made of durable materials and shall be well maintained. Signs are not well maintained if they are frayed, torn, or broken, or the legibility thereof has materially deteriorated. Unmaintained signs will be required to be removed. E. Banner signs must be attached to the facade, wall or window of the building which includes the business which they advertise; Draft Ordinance 12-011 Amending SVMC 22.70(Fencing,Screening and Landscaping) Page 6 of 9 DRAFT F. Additional bBanners or temporary signs advertising a special event, sale, promotion, opening of a new business or a business under new management are allowed by temporary permit for a period of time not to exceed 30 days a maximum of two times with a single 30 day renewal within any calendar year. G. Pennants, balloons, and streamers may be displayed in conjunction with the special event signage allowed in section F above,but must be removed at the conclusion of the event or within thirty consecutive days. H. Temporary signs shall not endanger the public safety and shall be removed or relocated if the building official determines that a sign is unsafe. 13, Pennants, flags, and streamers with copy are allowed by temporary permit for a period of time not to exceed 60 days with a 60 day renewal. Additional temporary permits may be obtained after 60 days have passed from the date of the expiration of the permit or a party may obtain a single annual 75 day permit. C. Special event signage, including search lights and inflatables are allowed by temporary permit for a period of time not to exceed seven days. All signs for a special event arc covered under a single permit. No more than four special event permits are allowed in any calendar year. I. A-frame Signs: Business will be allowed a maximum of one sandwich board or A-frame sign. These signs are in addition to other temporary signs allowed through sections A—H, and are subject to the following conditions: 1.Size: The area of the sign shall not exceed nine square feet per side in size and shall not exceed three feet in any dimension. 2.Maintenance Standards: Signs shall be constructed out of materials able to withstand extreme weather conditions. Such materials may be metal, finished wood, chalkboard, whiteboard or plastic. Signs and copy should be of professional quality. Permanent lettering for the business name and logo are required on the Sandwich boards. Owners of sandwich board signs shall be required to keep their signs in an intact, reasonably legible, and well maintained manner. Sandwich boards are not well maintained if any part thereof is broken; letters or graphics are completely or partially missing or obstructed; or the legibility thereof has materially deteriorated. 3. Display Time: Signs may only be displayed during business hours. If business hours continue past daylight hours, precautions should be taken to place the sign in a lighted area. This shall not be construed to allow the wiring of a sign for lighting. 4. Location: Signs shall not be placed in a location which is within the clearview triangle, as defined in section 22.070.020.C, or any other location which will impede vehicular traffic. Further, such signs shall not be placed in a manner which will block or otherwise obstruct the safe use of sidewalks, building entrances or stairs by pedestrians. I M. Temporary on-premises commercial signs are allowed without permit when posted in conjunction with the alteration, construction, sale or lease of real property. Such signs shall not Draft Ordinance 12-011 Amending SVMC 22.70(Fencing,Screening and Landscaping) Page 7 of 9 DRAFT exceed 16 square feet in copy area or seven feet in height. All such signs shall be affixed to either the ground or a permanent structure by rope, wire, or a mechanical device- K. Open House/Directional Signage - A-frame signs may be used as open house/directional signs and shall be allowed on each access street to the property. Signs shall be placed so as not to interfere with vehicular or pedestrian traffic, shall be used only when-the property is open for inspection, shall be unlit, and shall be limited in size to 5 square feet and limited in height to 3 feet above grade. (Ord. 07-015 § 4, 2007). 22.110.060 General provisions applicable to all signs. A. All signs illuminated with exterior lighting shall have lighting confined to the sign, and positioned and shielded to minimize impacts to the surrounding area(s). Gooseneck reflectors and lights are permitted on permanent freestanding and wall signs; provided, that lighting or glare does not extend beyond the property line. B. Electronic signs shall be permitted on the same basis as other signs, subject to the requirements of Table 22.110-1. All electronic message center's (EMC's) are required to have automatic dimming capability that adjusts the brightness to the ambient light at all times of the day and night. Written documentation that the EMC is equipped with the automatic dimming device shall be submitted with the sign permit application. C. A roof-mounted sign may be substituted for an allowed freestanding sign; provided, that the height of the sign structure may not exceed the maximum height requirements of the zoning district in which the sign is located. D. Signs located within the airport hazard area shall conform to the location and height regulations set forth in SVMC 19.110.030, Airport Hazard Overlay zone. E. No sign shall be erected, relocated or maintained in a manner that prevents the free ingress or egress from any door, window or fire escape. F. No sign shall be attached to a standpipe or fire escape except official signs. G. Any sign erected or maintained within five feet of public rights-of-way shall be smooth and free of nails, tacks and wires. H. All signs shall be maintained in good repair pursuant to SVMC 22.110.110. I. No sign shall block the view of fire protection equipment from approach. (Ord. 07-015 § 4, 2007). 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 Draft Ordinance 12-011 Amending SVMC 22.70(Fencing,Screening and Landscaping) Page 8 of 9 DRAFT 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 April , 2012. 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 9 of 9 File II CIA 06 - 11 City Council Ordinance 12 -013 — First Reading April 10, 2012 Text Amendments to the Spokane Valley Municipal Code Chapt. 22.110 m Department of Community Development ne ., � Planning Division Description of the Code Text Amendment Amend Sign Regulations Chap. 22. 1 10 to: Allow multi-family complexes to display wall signs; Increase the number of freestanding signs allowed for businesses on large lots fronting arterials Allow monument signs for all institutional and commercial uses along any street frontage Allow limited off-premise directional signs Modify the requirements for temporary signs Allow on premise A-frame signs for business and real estate purposes; and Require electronic signs to have automatic dimming capability - i • " •." Department of Community Development Planning Division a Free StandingSigns Newly Developed Large commercial and industrial lots are Residential Communities Issue El Livingston Ranch limited to 1 freestanding sign per arterial Livingston RR Ranch street frontage per site Barkl La Qy uin Estates tIncrease the number of signs allowed for Intent sites with considerable frontage . Maintain compatible signage standards in areas with mixed use and buffer Zones Standards proposed: - . 1 sign per ea 500' and ea fraction thereof arterial frontage in Mixed Use and Office Zones ,, MlcAonafd"r 1 sign per ea 300' and ea fraction thereof street frontage in Commercial and Industrial Zones Height limits and area remain unchanged ;`t 4{: 6-u-sylli 'i. GTYH I if •:.. :L. Department of Community Development ., Val Planning Division Free Standing Signs Newly Developed Residential Communities 1- Alternate standards discussed : LiVivingston Ranch Po- ingston Ranch Estatespi. Barkey Ranch Ranch 1 sign per ea 250' frontage; and Barkley Qu n astates 1 additional sign for ea 200' of frontage and ea fraction thereof Height limits and area remain unchanged A FrP McaonaIci s u"c CITY.;. Department of Pla Free -standing Signs Code Language)( Drriff 0 . Pe = rteria reet L and -Use Zoning District y = - - = - *1 per • 00 Lry' . of arterial stre t rsti 1y 1y •I ,y .p 4 frontage and 1 fo _ = each additional 501 ft. or fraction thereof in Mixed ale Busine Neighb orhood n a n Use and Office Busine ss CNC)Zone s I iulti-Bu.ine orrglex 1 * ' 20 n a 100 ri a Zones; or 1 per 300 ft. of Single Busine ss Mix e d Use and 1 * 3 0 n a 10 0 200 Nonresidential Zone s street frontage and Multi-Busine ss C omplex (except NC) 1 * 40 210 n a n a 1 for each Al Norne.idential additional 300 ft. o _ onre�dential Fre e a ,, 1 1 0 2 ria n a Zone raction thereof if ommercial a • In . ustrial Z. es FINDINGS AND RECOMMENDATIONS OF THE SPOKANE VALLEY PLANNING COMMISSION February 23,2012 A. Background: 1. The development regulations in the Spokane Valley Municipal Code were adopted in September 2007 and became effective on October 28,2007. 2. City Council reviewed the sign regulations on July 5,2011 and directed staff to complete a comprehensive review of the sign regulations. 3. Information was presented to Council on August 15, 2011 and October 20, 2011,at which time the Council directed staff to begin a code text amendment to address the following items: a. Develop dimming requirements for electronic signs(lighting standards); b. Ensure that churches are allowed reasonable signage in residential zones; c. Allow properties along Trent and other arterials to have additional sign allowances; d. Eliminate temporary sign fees and permits; f. Develop regulations for the purposes of enforcement to address the following topics: i. Temporary signs should not distinguish between banners,pendants,flags, etc or special events; ii Time frames for displaying temporary signs should be increased; or iii Time frames for temporary signs should be eliminated and replaced with aesthetic standards that would determine when signs should be removed; g. Allow A-frames or sandwich boards for businesses and real estate purposes; h. Allow Multi-family complexes to have wall signs. 4. Staff drafted proposed code text amendment CTA 06-11 using the guidelines that Council provided to staff. 5. In accordance with RCW 35A.63 et seq. and SVMC 18.10.050, staff presented CTA 06-11 to the Planning Commission to consider recommending adoption of the same to Council. 6. The Planning Commission held a public hearing on January 26,2012 and continued the hearing to February 9,2012,with deliberations completed at that meeting. 7. Public Testimony received from a business owner and sign company during the public hearing resulted in the following requests for consideration: a. Allow off-premise signage for properties not located adjacent to arterials; b. Allow freestanding signs on properties with any street frontage not just arterials; c. Allow additional signs for multi-business complexes at a ratio of one(1)freestanding sign per 250' frontage and one(1) additional sign for each additional 200' of frontage or fraction thereof. 8. The Planning Commission recommended to the City Council that CTA 06-11 be approved as drafted,with the following changes: a. Allow freestanding signs in commercial and industrial zones at a ratio of one(1)per 300 ft. of street frontage, and one(1)for each additional 300 ft. or fraction thereof; b. Allow freestanding signs in Mixed Use and Office zones at a ratio of one(1)per 500 ft. of arterial street frontage; c. Increase the amount of temporary sign square footage to 32 sq. ft. Findings and Recommendations of the Spokane Valley Planning Commission for CTA-06-11 Page 1 of 2 d. Remove the language that restricts A-frame sign placement to within 12' of the business main entrance; e. Add the proposed off premise directional sign language proposed by staff without the requirements that"evidence of need"be provided, and increase the sign areas up to 15 sq. ft. . B. Findings: 1. The Planning Commission finds that it has authority under RCW 35A.63 et seq. and SVMC 18.10.050 to recommend that Council adopt sign regulations and amendments thereto which are consistent with the City's Comprehensive Plan and bear a substantial relation to the public health, safety,welfare, and protection of the environment. 2. The Planning Commission finds the proposed code text amendments are consistent with the applicable provisions of the City's Comprehensive Plan; LUP-14.3: Establish standards for the scale and intensity of commercial, retail and industrial signage that protect views and minimize signage clutter while allowing adequate business identification. 3. The Planning Commission finds the proposed code text amendments bear a substantial relation to public health, safety,welfare, and protection of the environment. Public health, safety and welfare are furthered by providing sign regulations that respect the purposes of signs from the perspective of the community and business. The amendment recognizes business need to advertise, while preserving an attractive commercial environment for the public. Conclusions: The proposed City initiated code text amendments to SVMC 22.110 is consistent with the goals and policies of the Spokane Valley Comprehensive Plan, and promotes the public health, safety,welfare,and protection of the environment. Recommendations: The Spokane Valley Planning Commission recommends the City Council approve the proposed City initiated code text amendments to SVMC 22.110 (Sign Regulations), as attached. Approved this 23rd day of February,2012 :7 Bill Bates,Chairman ATTEST „„4 L„,./ //, / ,„ Deanna Griffith,Admini§tVive ssistant Findings and Recommendations of the Spokane Valley Planning Commission for CTA-06-11 Page 2 of 2 •509a, S1olt % ane .000Valley 11707 E Sprague Ave Suite 106 ♦ Spokane Valley WA 99206 509.921.1000 ♦ Fax: 509.921.1008 ♦ cityhall@spokanevalley.org Memorandum To: Planning Commission From: Lori Barlow, AICP, Senior Planner CC: Scott, Kuhta, AICP, Planning Manager and John Hohman, CD Director Date: February 2, 2012 Re: CTA-06-11 Amendments to the Sign Code On January 26, 2012 the Planning Commission conducted a public hearing on the City initiated sign code text amendment. As a result of the testimony provided the Commission directed staff to provide language that allows off-premise directional signage for businesses located on sites without arterial frontage. Currently the code prohibits all off-premise signage. According to the testimony, certain commercially zoned sites are difficult for customers to find and require directional signage to guide their customers. The proposed language creates an exception for off-premise signage if the purpose is to provide direction. The following draft language provides relief for businesses without adequate visibility while ensuring that off-premise signage does not create unnecessary visual clutter along the city's main commercial corridors: Off-Premises Directional Signs. It is the intent of this section to allow the limited placement of off-premises directional signs by co-locating on an existing conforming monument sign, freestanding sign, or building wall. The business requiring the directional sign must conform to the following criteria: 1. The business must be located on a private easement or local access street; 2. The business must prove an off-premises directional sign is necessary for directions to access the site; 3. The business and proposed sign must be located in a commercial, office or mixed zone area; 4. Text shall be limited to the business name, logo, a directional arrow or may include certain advancing language as "next right"; 5. The sign must be located on the nearest collector or arterial. If a business has double frontage, staff will review this unique situation to determine if two directional signs are warranted; 6. Sign area is limited to six square feet; this shall not be construed to allow the on- premises sign to increase its sign area; and 7. If the business using an off-premises directional sign leaves its location, the property owner where the sign is located is responsible for the sign removal within sixty days. CTA-06-11 PC Memo/February 9, 2012 Meeting Page 1 8. If the site has no existing signage or buildings, thn a freestanding sign meeting the requirements above may be allowed. Other comments received: Additional testimony received requested that 1)freestanding signs be allowed on sites with any street frontage, not just arterial frontage, 2) additional signs be allowed for multi- business complexes, and that signs must be spaced at least 250' apart on each street frontage. The following comments are provided regarding the requests. Freestanding signs are currently only allowed on sites with arterial street frontage. While there is a formula that may be utilized to determine height and area requirements necessary to convey messages as it relates to roadway speed, other primary concerns are compatibility with existing development and maintaining the character of development. While residential uses are often located in commercial zones adjacent to commercial uses, the general rational is that zoning acts as a buffer to separate the more intensive commercial uses from the lower intensity residential uses. In the City of Spokane Valley the Office Zones (Garden Office and Office) act as a transitional zone between commercial and low density residential since the existing uses typically include a blend of office and multifamily. Bearing this in mind, the further away from the commercial zones into an office zone a person travels, the more it begins to take on a residential character. Compatible signage helps to maintain that character. However, in the areas zoned MUC, it is common to see a blend of single and two family residential uses next to commercial uses and adjacent to arterials. Recognizing the diversity in the city's land uses staff recommends that commercial and industrial zoned properties be allowed a free standing sign per street frontage, and that Mixed Use and Office zoned properties be allowed free standing signs if adjacent to arterials. Currently the sign code allows an increase in sign area and sign height for multi-business complexes. For example, sites zoned Mixed Use or other Non-residential zones that contain a single business are allowed a sign from 100—200 square feet in area and up to 30' in height. A multi-business complex may have up to 250 square feet of sign of area and up to 40' in height. The fact that an additional sign area allowance is already provided should be considered when contemplating allowing additional signs, as well as the configuration of existing lots. As discussed, at the study session it is common for lots with narrow frontage to have more than one business located on the site. Providing an additional sign allowance may lead to an increase in the visual clutter, while the increase in sign area currently within the code, recognizes the additional signage needs, but restricts the signage to a single structure. Staff recommends no changes to our current provisions for multi-business sites. Currently the sign code does not contain a spacing provision between freestanding signs. Since only a single sign is allowed per site, except in certain instances, on-site spacing has not been an issue. Requiring a strict spacing between sign structures adjacent to street frontage would eliminate many opportunities for freestanding sites, since a huge percentage CTA-06-11 PC Memo/February 9, 2012 Meeting Page 2 of the sites have a frontage width far less than 250'. However, this does not appear to be the intent of the comment. Rather, the intent was to require spacing between sites on a single site. Based on staff's recommendation noted above, staff does not recommend spacing requirements between sign structures. The last request was specific to the requirement that a stamped, engineered drawing be provided for freestanding and monument signs over 6' in height. This question was forwarded to the acting Building Official and his response will be provided at the meeting. CTA-06-11 PC Memo/February 9, 2012 Meeting Page 3 COMMUNITY DEVELOPMENT DEPARTMENT PLANNING DIVISION *manePUBLIC HEARING STAFF REPORT TO THE Valle PLANNING COMMISSION CTA-06-11 STAFF REPORT DATE: January 18, 2012 HEARING DATE AND LOCATION: January 26, 2012, beginning at 6:00 p.m., Spokane Valley City Hall Council Chambers, Valley Redwood Plaza Building, 11707 East Sprague Avenue, Suite 101, Spokane Valley,Washington 99206. PROPOSAL DESCRIPTION: City initiated text amendment to the Spokane Valley Municipal Code (SVMC), Chapter 22.110 Sign Regulations,to modify the regulations to allow A-frame signs, modify the requirements for temporary signs, increase the number of freestanding signs allowed for businesses on large lots fronting arterials, allow multi-family complexes to display wall signs, and require electronic signs to be equipped with an automatic dimming capability. APPLICANT(S): City of Spokane Valley APPROVAL CRITERIA: Spokane Valley Comprehensive Plan, Spokane Valley Municipal Code (SVMC) Title 17 General Provisions, and Title 21 Environmental Controls. SUMMARY OF RECOMMENDATION: The Planning Division recommends that the Planning Commission consider the additional information requested in conjunction with the public testimony and then approve CTA-06-11 with any modifications deemed appropriate. STAFF PLANNER:Lori Barlow,AICP, Senior Planner, Community Development Department REVIEWED BY: Scott Kuhta,AICP, Planning Manager, Community Development Department ATTACHMENTS: Exhibit 1: Proposed Text Amendment Exhibit 2: A. BACKGROUND INFORMATION On July 5, 2011 staff presented an overview of the City's sign regulations to City Council. Council directed staff to conduct a comparison of the city's sign regulations to surrounding jurisdictions. At the August 15, 2011 and October 20, 2011 Council meetings staff provided a comprehensive comparison of Spokane Valley's sign regulations to the jurisdictions of Spokane, Liberty Lake, and Spokane County. While the comparison highlighted many positives about the City's sign regulations, it also identified several items that the Council were concerned with, including: Spokane Valley is the only jurisdiction that does not allow A-frame signs,the only jurisdiction to charge for a temporary sign permit, and along with Liberty Lake,the only other jurisdiction compared that requires a temporary sign permit. Other conclusions of the review were that the varying categories of temporary sign permits and varying display time frames were confusing, and too restrictive for business; multi-family uses should be allowed wall signage; churches should have options for signage even when in residential zones; and dimming requirements should be considered for electronic signs. As a result of the discussions, Council directed staff to initiate a code text amendment that would implement the following changes: 1. Develop dimming requirements for electronic signs (lighting standards); Staff Report and Recommendation CTA-06-11 2. Ensure that churches are allowed reasonable signage in residential zones; 3. Allow properties along Trent and other arterials to have additional sign allowances; 4. Eliminate temporary sign fees and permits; 5. Develop regulations for the purposes of enforcement to address the following topics: a. Temporary signs should not distinguish between banners,pendants, flags, etc or special events; b. Time frames for displaying temporary signs should be increased; or c. Time frames for temporary signs should be eliminated and replaced with aesthetic standards that would determine when signs should be removed; 6. Allow A-frames or sandwich boards for businesses and real estate purposes; 7. Eliminate landscaping requirements at the base of free-standing signs on developed sites; and 8: Allow Multi-family complexes to have wall signs. The draft language implements the changes requested by Council with one exception: Item#7, freestanding sign landscaping requirements, are being addressed by separate code text amendment to the Landscaping Regulations. The following is a brief discussion regarding the proposed changes and the code section affected by the change. Dimming Requirements (SVMC 22.110.060.B): Dimming requirements for electronic signs are accomplished by requiring the sign to have automatic dimming capability. This device adjusts the brightness of the sign to the ambient light. The brightness of the sign is a common concern and often a code requirement. Currently the City of Spokane requires verification that the dimming device is installed,while Spokane County allows staff to place additional conditions on the permit that protect adjacent property,that include lighting and location issues. Liberty Lake does not allow electronic message centers. Signage for Churches in Residential Zones (SVMC Table 22-110-1 —Location,Height, and Copy Area Regulations): Churches are routinely classified as institutional uses, and therefore the current code would allow churches in residential zones to have wall signs, and 10' high pole signs and monument signs if the site was adjacent to an arterial. The issue is that churches and other institutional uses often locate in residential zones, as well as commercial sites not adjacent to arterials since they are not dependent on visibility to operate. Churches, schools,hospitals, and government offices are examples of typical institutional uses. Each of these uses may have a need for signage other than wall signage. Language is proposed that identifies what uses are considered institutional uses in order to clarify that churches are allowed signage consistent with the intent of the code. It is also proposed to allow monument signs in any location,not limited to sites adjacent to an arterial. ,While the issue was originally thought to be specific to churches,the change as proposed affects all businesses, subdivisions, institutional uses, etc., not just churches, and allows monument signs on any site with street frontage. Small scale monument signs are generally compatible with residential areas and well suited for use along streets with lower speed limits. The current height limits in the SVMC associated with monument signs typically result in monument signs being used as identification signs, rather than electronic message centers utilized for advertising. The signs are generally unobtrusive and compatible with residential and mixed use commercial settings. Additional sign allowances along Arterials (SVMC Table 22-110-1 —Location,Height, and Copy Area Regulations): The review indicated that Spokane County and Spokane increase the signage allowance for large sites in commercial and/or industrial zones. Spokane Valley's only additional sign allowance is provided to lots with more than one frontage. For example, corner lots may have two free standing signs if both street frontages are arterials. The additional sign on the second street frontage (corner lot)grants appropriate sign visibility for its passing traffic on both streets. Allowing additional freestanding signs on large lots insure that large single development sites are generally afforded the same number of signs as Page 2 of 6 Staff Report and Recommendation CTA-06-11 multiple smaller sites. This provision maintains sign equity between the larger and smaller sites. The proposed language allows additional free standing signs at a ratio of 1 sign per 500 feet of lineal frontage. Temporary Signs (SVMC 22.110.050): Generally all communities regulate signs for special events— whether these signs are related to commercial enterprises (grant opening, sales, etc.) or institutional (places of worship, schools,non-profits) festivals, etc. The regulations generally include: the number of days the signs can be displayed;the number and type of advertising devices (signs,banners,balloons, etc.)that can be displayed; and their location on the property. This was consistent with all jurisdictions reviewed except for Spokane Valley,which did not stipulate number or size of temporary signs allowed. Currently the city classifies temporary signs into the following three categories: Banners; Pennants, flags, and streamers; and Special event signage. All three categories require a temporary sign permit with a fee,have varying display periods ranging from 7 to 60 days,but do not stipulate the number or area of temporary signs allowed to be displayed. The separate categories,with differing regulations,were confusing to the business owners,and the fee associated with the temporary sign permit was determined by the Council to be "cost prohibitive"to small business owners. Discussions with the Council highlighted conflicting concerns regarding temporary signs. The first being the cost associated with the temporary sign permit; second, if the permit was eliminated how display times could be enforced. Also, since temporary signage is not intended for long term display and is subject to fading, fraying, ripping, or otherwise showing significant wear and tear, a concern was noted that unmaintained signs would be indefinitely displayed. The regulations proposed allow a single temporary sign,up to 20 sq. ft.to be displayed, so long as it is in good condition. Additional signage could be displayed for a maximum of 30 days,twice per year,if a temporary sign permit is obtained. This allows flexibility for business to display a single temporary sign at their discretion indefinitely,while still providing additional allowance for special events. Confining unlimited temporary signage to a defined 30 day period balances the business owners need for occaisional extra signage and keeps the visual clutter of signage in check to protect the area's aesthetics. A-frame Signs (SVMC 22.110.050.I and K: A-frame or Sandwich Board signs are commonly used by business's to attract attention. A-frame signs are not allowed in the current code since they are categorized as a portable sign. Jurisdictions typically regulate the size of the sign, and number of the signs allowed, location for display, display hours,and spacing. Size limits generally range from 6— 9 sq. ft. per side, while location is typically linked to distance from business entrance combined with controls to maintain adequate pedestrian areas. Spacing requirements prevent closely situated signs from lining the public sidewalk. This can occur when each tenant within a strip mall displays a sign in front of their store front. The proposed language allows each business the opportunity to display an unlighted a-frame sign on-site, up to 9 sq. ft. on each side,within 12' of the business entrance, and during business hours only. As written,the regulation would keep the signs close to the business and prevent signage from being displayed off-site. Additionally, a-frame signs would be allowed to be used for open house/directional signage with a limit of 5 square feet. Multi-family wall signs (SVMC Table 22-110-1 —Location,Height, and Copy Area Regulations): The current code does not allow multi-family buildings, or apartments,to display wall signage. Multi-family development is allowed monument or freestanding signs. The review indicated that the other jurisdictions provide a small allowance for wall signs ranging from 10—20 sq. ft.. The proposed language would allow each multi-family building a wall sign up to 20 sq. ft. without modifying the other applicable signage requirements. At the January 12, 2012 study session the Planning Commission requested additional information regarding standard sizes for temporary banner signs and A-frame signs. A local vendor was contacted for this information. He indicated that common banner sizes ranged from 3-4 feet wide to 6-10 feet long. However, custom signs are not unusual since the vinyl comes on a roll and can be printed up to 52"wide Page 3 of 6 Staff Report and Recommendation CTA-06-11 by their company. He believes that the widest printing cabability in the Spokane area is 72". Of course the length is unlimited. Since charges are by the foot it would appear that cost is a defining factor in banner size. Pre-made A-frame signs generally have a printed space of 2'W X3'H with a carrying handle that extends to 3'6"in height or a smaller version that has a printed space of 2'WX2'H and additional height for the handle. The additional height of the handle would exceed the 3' height requirement. Real estate signs are generally 2'X2' or 24"X 18". A. BACKGROUND INFORMATION 1. APPLICATION PROCESSING: SVMC Chapter 17.80, Permit Processing Procedures. T he following summarizes application procedures for the proposal. Process Date Pre-Application Meeting: N/A Application Submitted: N/A Determination of Completeness: N/A Determination of Non-Significance (DNS): The DNS will be issued prior to the Public Hearing. End of Appeal Period for DNS: TBD Published Notice of Public Hearing: January 6, 2012 Mailed Notice of Public Hearing: January 6, 2012 B. FINDINGS AND CONCLUSIONS SPECIFIC TO SEPA 1. Findings: Pursuant to SVMC Title 21 (Environmental Controls),the lead agency has determined that this proposal does not have a probable significant adverse impact on t he environment. A n Environmental Impact Statement (EIS) is not required under RCW 43.21C.030(2)(c). The Planning Division expects to issue a Determination of Non-Significance (DNS) for the proposal and has issued a Notice of Proposal with Optional DNS. The comment period ends January 20, 2012. The decision will be finalized at that time. The completed environmental checklist and other information are on file with the City. 2. Conclusion(s): The procedural requirements of the State Environmental Policy Act (SEPA) and SVMC Title 21 will be fulfilled prior to any action taken by the city. C. FINDINGS AND CONCLUSIONS SPECIFIC TO THE MUNICIPAL CODE TEXT AMENDMENT 1. Compliance with Title 17(General Provisions)of the Spokane Valley Municipal Code a. Findings: SVMC 17.80.150(F). Municipal Code Text Amendment Approval Criteria i. The City may approve Municipal Code Text amendment if it finds that(analysis is italicized): Page 4 of 6 Staff Report and Recommendation CTA-06-11 (1) The proposed amendment is consistent with the applicable provisions of the Comprehensive Plan. Staff Comment: The proposed amendment is consistent with the applicable policies of the Comprehensive Plan. It has no bearing on the signage standards developed for the Aesthetic Corridors, and maintains the intent of the code by minimizing sign clutter while allowing adequate signage for business. This is accomplished by allowing more discretionary use of temporary signs, but limiting the number of signs allowed to be displayed to a single sign unless otherwise permitted. Below are the relevant policies from the Comprehensive Plan: LUP-14.2: Adopt specific regulations for designated aesthetic corridors that: •Provide incentives for aesthetic design; •Require landscaping buffers adjacent to roadways; •Limit sign height and size; •Provide performance standards to adequately screen intensive land uses that have exterior clutter such as outdoor storage, exterior heavy equipment and/or exterior fabrication/assembly. •Prohibit off-premise signage and billboards LUP-14.3: Establish standards for the scale and intensity of commercial, retail and industrial signage that protect views and minimize signage clutter while allowing adequate business identification. (2) The proposed amendment bears a substantial relationship to the public health, safety, welfare,and protection of the environment; Staff Comment: Public health, safety and welfare are furthered by providing sign regulations that respect the purposes of signs from the perspective of the community and business. The amendment recognizes business need to advertise, while preserving an attractive commercial environment for the public. 2. Finding and Conclusions Specific to Public Comments a. Findings: As of January 20, 2012 no written comments have been received. Staff has had two phone calls with persons requesting that off-premise signage be considered. In both cases the persons were advised to attend the public hearing and provide comment, or to provide written comment discussing the request to allow off-premise signage. b. Conclusion(s): Adequate public noticing was conducted for CTA-06-11 in accordance with adopted public noticing procedures. 3. Finding and Conclusions Specific to Agency Comments a. Findings: Staff has received no agency comments as of January 20, 2012. b. Conclusion(s): No concerns are noted. Page 5 of 6 Staff Report and Recommendation CTA-06-11 B. OVERALL CONCLUSION The proposed City initiated Municipal Code Text amendment is consistent with the Comprehensive Plans policies and goals. C. STAFF RECOMMENDATION The Planning Division recommends that the Planning Commission consider the additional information requested in conjunction with the public testimony and then approve CTA-06-11 with any modifications deemed appropriate. D. RECOMMENDED MOTION I move to recommend approval of CTA-06-11 to the City Council; or I move to recommend approval of CTA-06-11 with the following changes.... Page 6 of 6 ProSugn Inc. SALES - SERVICE - INSTALLATION Januarys 24,2012 City of Spokane Valley Community Development Department 11707 E. Sprague Ave., Suite 106 Spokane Valley, WA 99206 Re:Sign Code Recommendations To Whom It May Concern: Below I have listed my recommended changes to the current sign code presently under review. FREESTANDING SIGNS 1) Allow at least 1 per street frontage. Use the word "street" instead of"arterial". 2) For multi-business complexes, allow additional signs. 3) Require that the signs must be spaced at least 250' apart on each street frontage. THE REQUIREMENT OF A STAMPED, ENGINEERED DRAWING FOR FREESTANDING AND MONUMENT SIGNS This is presently required to permit any sign structure over 6' tall from grade. These costs the businesses in Spokane Valley an average of$300.00 per sign permit for every pole sign that their counterparts in the City of Spokane don't have to pay. The City of Spokane requires a stamped, engineered drawing if the sign is over 30' in height or exceeds 100 square feet. I would suggest we adopt the same standard. If you have any questions, please don't hesitate to call me at 927-3925. I am happy to be of service to you and to the City of Spokane Valley! Respectfully, PRO SIGN,INC. Jr7 r Steve Wineinger President WASHINGTON • IDAHO • MONTANA • OREGON 10021 E.KNOX SPOKANE,WASHINGTON 99206 PHONE(509)927-3925 FAX(509)927-9655 Spokane Valley Municipal Code 22.110.040 Table 22.110.1—Location,Height and Copy Area Requirements Maximum r, GI 41 410 lij wa tee' '« Lcvi Land Use Zoning District T. , 6 P d Additioial Provisions R OA '61 yay 4 VI, ':tom . 'L2 aspC O k o ° 'a ami Attached Wall Signs Institutional Residential Zones * * * n/a n/a n/a Y *25% of wall area Single Business Residential Zones 1 n/a 60 n/a nla n/a Y All Mixed Use and *25%of wall areaer Nonresidential Nonresidential * n/a * n/a n/a n/a Y building p Zones _ _ Freestanding Signs Subdivision/Area Name/Multifamily All Zones 1* 10 32 n/a n/a nfa Y Complex/Institutional Single Business Neighborhood 1 20 100 n/a n/a 5 Y Multi-business Business (NC) *Per arterial street Complex Zones 1' 20 n/a 100 &a 5 Y frontage Single Business Mixed Use and 1* 30 nla 100 200 5 Y f�Q3j Multi-business Nonresidential Complex Zones(except NC) 1* 40 250 nla nla 5 Y a tian Nonresidential All Nonresidential Freeway* Zones 1 50 250 n/a n/a 5 Y *Adjacent to I-90 only 1.6 C11411 Moiu anent Signs _ _ . Subdivision/Area Name/Multifamily All Zones 1 10 32 n/a n/a n/a Y Complex/Institutional *Per arterial street Single Business Neighborhood 1* 7 75 n/a n/a 5 Y frontage Multi-business Business (NC) Complex Zones 2* 7 90 n/a n/a 5 Y Single Business All Mixed Use and 2* 7 90 nla n/a 5 Y Multi-business Nonresidential 2* 7 150 n/a nfa 5 Y *Per street frontage Complex Zones Other Signs Directional All Zones n/ad nfa n/a 5 1 n/a n/a N Name Plates All Zones 1 nla 4 5 nfa n/a N 22-41 (FievEsed 12/07) inc.PrOSign SALES - SERVICE - INSTALLATION February 9, 2012 City of Spokane Valley Community Development Department 11707E Sprague Ave.,Suite 106 Spokane Valley, WA 99206 Re:Sign Code Recommendations To Whom It May Concern: Below I have listed my recommended changes to the current sign code presently under review. FREESTANDING SIGNS 1) Allow at least 1 per street frontage. Use the word "street" instead of"arterial". 2) For multi-business complexes, allow additional signs as follows. A) 1 freestanding per 250' frontage B) and 1 additional sign for each additional 200' of frontage or fraction thereof. THE REQUIREMENT OF A STAMPED, ENGINEERED DRAWING FOR FREESTANDING AND MONUMENT SIGNS This is presently required to permit any sign structure over 6' tall from grade. These costs the businesses in Spokane Valley an average of$300.00 per sign permit for every pole sign that their counterparts in the City of Spokane don't have to pay. The City of Spokane requires a stamped, engineered drawing if the sign is over 30' in height or exceeds 100 square feet. I would suggest we adopt the same standard. If you have any questions,please don't hesitate to call me at 927-3925. I am happy to be of service to you and to the City of Spokane Valley! Respectfully, PRO SIGN,INC. Steve Wineinger President WASHINGTON • IDAHO • MONTANA • OREGON 10021 E.KNOX SPOKANE,WASHINGTON 99206 PHONE(509)927-3925 FAX(509)927-4685 January 12, 2012 Planning Commission Meeting Minutes New Business: Study Session CTA-06-11 proposed amendments to title 22.110, Sign Regulations Senior Planner Lori Barlow made a presentation regarding proposed amendments to Title 22.110 sign regulations. Ms. Barlow explained during a presentation to City Council regarding the sign regulations, the City Council had questions and requested that staff make some comparisons to surrounding jurisdictions and requested some changes be made to the current regulations. Ms. Barlow discussed the items in the current code that will be addressed in the proposed upcoming amendment. • allow A-frame signs • modify the requirements for temporary signs • increase the number of freestanding signs allowed for businesses on 1 arge lots fronting arterials • Clarify that churches are allowed signage in any zone • allow multi-family complexes to display wall signs; and • require electronic signs to be equipped with an automatic dimming capability A-frame signs.: Currently the code prohibits A-frame signs. Businesses have expressed the desire to have them back. Ms Barlow stated that A-fame signs will be allowed with the amendment, max. size would be nine sf, no higher than three feet, cannot be located farther than 12 feet from the business entrance, can only be used during business hours, be well maintained, one sign per business and real estate signs would be limited to five sfMs. Barlow stated that these signs had been regulated previously to reduce the clutter along the roadways. She also mentioned the current proposal is for the business not to move the sign more than 12 feet from the business entrance, and that there could be some concern regarding this point. Free Standing signs: Currently each business is allowed one free standing sign per street frontage. C ouncil would like to create standard based on frontage. T he proposed amendment would change to allow one freestanding sign for each 500 feet of lineal frontage, all other requirements stay the same. Other jurisdictions have similar requirements - the City of Spokane; 300 feet, Spokane County; 500 feet. Ms Barlow stated that staff felt that Spokane Valley is suburban and more conservative, therefore felt the 500 foot decision. C ommissioner Bates wanted to know if the size of the sign was regulated. Ms. Barlow responded yes, but the City was not aware of issues based on the size of the sign. Commissioner Carroll asked if there would be an inequity between shallow lots and deep lots and did any jurisdictions using total square footage of lot instead of frontage. Most jurisdictions have standards for spacing of the signs. C ommissioner Stoy asked if signs had setbacks, the response is yes, but not the same as building setbacks. Commissioner Stoy stated he felt this could lead to clutter. 1 Wall signs on multi-family complexes: Currently the City did not have allowance for multi-family complexes to have a wall sign to state the name of complex on wall. This amendment would allow such a sign for them. Dimming requirements of electronic signs: Ms Barlow stated this was common concern for electronic signs to require dimming capability. The proposed language would require all new electronic signs to automatically adjust based on ambient light. Signs for churches in residential zones: Ms. Barlow informed the Commissioners that currently churches are only allowed an monument or pole sign if on an arterial. The proposed language would allow a monument sign in any zone. Ms Barlow said that changing this regulation would allow monument signs to be allowed in all zones, regardless of the business, not just churches.. C ommissioner Stoy asked a question regarding probable reader boards, which Ms. Barlow stated are still prohibited. Temporary signs — Currently Ms. Barlow said, temporary signs are allowed with a permit only twice a year for 30 days. The proposed amendment would allow a single temp sign whenever a business would like. The sign could not be bigger than 20 sf, and must be well maintained. The amendment would also allow additional signage twice a year, for up to 30 days, for a fee. The questions Commissioners posed after Ms. Barlow's presentation why would it be a concern if A-frame signs were limited to 12-feet from business entrance. Mr. Kuhta gave an example of a business in strip mall that might need to have the sign farther from the door.. C ommissioner Carroll wondered if the dimensions of signage material should be taken into account when basing the sign sizes. Commissioner Bates wondered if staff knew how many illegal temporary signs we in the City and confirmed that the City is complaint driven in regard to enforcement. January 26, 2012 Planning Commission Meeting Minutes Public Hearing for CTA-06-11, Proposed amendments to Title 22.110 Sign Code Senior Planner Lori Barlow made a presentation to the Planning Commission regarding the proposed amendments to the sign regulations in Title 22.110. • Allow A-frame signs - A-frame signs are not allowed in the current code since they are categorized as a portable sign. Jurisdictions typically regulate the size of the sign, and number of the signs allowed, location for display, display hours, and spacing. Size limits generally range from 6 — 9 sq. ft. per side, while location is typically linked to distance from business entrance combined with controls to maintain adequate pedestrian areas. S pacing requirements prevent closely situated signs from lining the public sidewalk. This can occur when each tenant within a strip mall displays a sign in front of their store front. 2 The proposed language allows each business the opportunity to display an unlighted a-frame sign on-site, up to nine (9) sq. ft. on each side, within 12' of the business entrance, and during business hours only. A s written, the regulation would keep the signs close to the business and prevent signage from being displayed off-site. Additionally, a-frame signs would be allowed to be used for open house/directional signage with a limit of five (5) square feet. • Change the requirement to allow more than one free standing sign per street frontage The review indicated that Spokane County and Spokane increase the signage allowance for large sites in commercial and/or industrial zones. Spokane Valley's only additional sign allowance is provided to lots with more than one frontage. For example, corner lots may have two free standing signs if both street frontages are arterials. The additional sign on the second street frontage (corner lot) grants appropriate sign visibility for its passing traffic on both streets. Allowing additional freestanding signs on 1 arge lots insure that large single development sites are generally afforded the same number of signs as multiple smaller sites. This provision maintains sign equity between the larger and smaller sites. The proposed language allows additional free standing signs at a ratio of 1 sign per 500 feet of lineal frontage. • Allow a wall sign for multi-family complexes. The current code does not allow multi-family buildings, or apartments, to display wall signage. Multi- family development is allowed monument or freestanding signs. The review indicated that the other jurisdictions provide a small allowance for wall signs ranging from 10 — 20 sq. ft.. The proposed language would allow each multi- family building a wall sign up t o 20 s q. ft. without modifying the other applicable signage requirements. • A requirement for electronic signs would require them to automatically dim based on the ambient light. Dimming requirements for electronic signs are accomplished by requiring the sign to have automatic dimming capability. This device adjusts the brightness of the sign to the ambient light. T he brightness of the sign is a common concern and often a code requirement. Currently the City of Spokane requires verification that the dimming device is installed, while Spokane County allows staff to place additional conditions on the permit that protect adjacent property, that include lighting and location issues. Liberty Lake does not allow electronic message centers. • Church signs in residential zones. Churches are routinely classified as institutional uses, and therefore the current code would allow churches in residential zones to have wall signs, and 10' high pole signs and monument signs if the site was adjacent to an arterial. The issue is that churches and other institutional uses often locate in residential zones, as well as commercial sites not adjacent to arterials since they are not dependent on visibility to operate. C hurches, schools, hospitals, and government offices are examples of typical institutional uses. E ach of these uses may have a 3 need for signage other than wall signage. Language is proposed that identifies what uses are considered institutional uses in order to clarify that churches are allowed signage consistent with the intent of the code. It is also proposed to allow monument signs in any location, not limited to sites adjacent to an arterial. While the issue was originally thought to be specific to churches, the change as proposed affects all businesses, subdivisions, institutional uses, etc., not just churches, and allows monument signs on any site with street frontage. S mall scale monument signs are generally compatible with residential areas and well suited for use along streets with lower speed limits. The current height limits in the SVMC associated with monument signs typically result in monument signs being used as identification signs, rather than electronic message centers utilized for advertising. T he signs are generally unobtrusive and compatible with residential and mixed use commercial settings. • Changing the requirements for Temporary signs. Generally all communities regulate signs for special events — whether these signs are related to commercial enterprises (grant opening, sales, etc.) or institutional (places of worship, schools, non-profits) festivals, etc. T he regulations generally include: the number of days the signs can be displayed; the number and type of advertising devices (signs, banners, balloons, etc.) that can be displayed; and their location on the property. This was consistent with all jurisdictions reviewed except for Spokane Valley, which did not stipulate number or size of temporary signs allowed. C urrently the city classifies temporary signs into the following three categories: ba nners; pennants, flags, and streamers; and special event signage. All three categories require a temporary sign permit with a fee, have varying display periods ranging from 7 t o 60 days, but do not stipulate the number or area of temporary signs allowed to be displayed. T he separate categories, with differing regulations, were confusing to the business owners, and the fee associated with the temporary sign permit was determined by the Council to be "cost prohibitive" to small business owners. D iscussions with the Council highlighted conflicting concerns regarding temporary signs. o The first being the cost associated with the temporary sign permit; o second, if the permit was eliminated how display times could be enforced. o Also, since temporary signage is not intended for long term display and is subject to fading, fraying, ripping, or otherwise showing significant wear and tear, a concern was noted that unmaintained signs would be indefinitely displayed. The regulations proposed allow a single temporary sign, up to 20 sq. ft. to be displayed, so long as it is in good condition. Additional signage could be displayed for a maximum of 30 days, twice per year, if a temporary sign permit is obtained. This allows flexibility for business to display a single temporary sign at their discretion indefinitely, while still providing 4 additional allowance for special events. Confining unlimited temporary signage to a defined 30 day period balances the business owners need for occasional extra signage and keeps the visual clutter of signage in check to protect the area's aesthetics.+ Ms. Barlow stated that at the study session the Commissioners had questions regarding the amount of revenue that temporary signs generated. Ms Barlow stated that staff had responded in an email earlier that temporary signs could not be broken out however that in 2011 signs total generated less than $9,000. The other question the Commissioners had raised was standard sizes for signs. Ms Barlow stated she reviewed two kinds of signs. A-frame signs and banners. She said that generally A-frame signs are two feet (2) by three feet (3) plus the handle on top, which when opened would stand shorter than the three foot limitation. B anner fabric generally can be made in any size requested however the most requested size of a banner seemed to be three feet (3) by six feet(6) and four (4) feet by ten (10) feet. Chairman Bates asked if the Commissioners had any other questions for staff. There were none. Chairman Bates opened the public hearing at 6:37 p.m. Commissioner Stoy read the rules for a public hearing. Steve Wineinger, 10021 E Knox, ProSign: Mr. Wineinger stated he was in favor of the proposed amendments except he felt the he would like to propose some verbiage changes to the amendment for free standing signs. Mr. Wineinger stated he would like the Commissioner to propose replacing the word arterial with the word street, in relation to the allowance for freestanding signs. Mr. Wineinger stated he did not feel it was equable to have freestanding signs restricted to arterials. Mr. Wineinger also proposed to add a spacing requirement of 250 ft or more apart for more than one sign freestanding on large lots. Mr. Wineinger also stated he felt there should be an allowance for extra signage for more than one business on one lot. He stated that he felt they should be allowed so each sign can be same size and height, but they have to be 250 feet apart. Mr. Wineinger stated the other item he would like to address is any sign higher than six (6) feet in height must have engineered drawings. He stated that in the City of Spokane only requires required engineering when the sign is over 30 ft in height or 100 square feet in size. Mr. Wineinger stated he feels the City of Spokane Valley should also adopt this requirement. Mr. Wineinger stated he felts the dimming requirement for electronic signs are very important. David Hazard, 13218 E 10th: Mr. Hazard stated he was the owner of Copy Cat Printers. Mr Hazard stated he felt the reason he sees empty buildings on Sprague, is due to restrictions placed on small businesses. Mr Hazard stated he felt that after incorporation the adopted new sign code caused lost customers because it did not allowed off premise signs. M r Hazard stated he was not in favor of more restrictions. Mr. Hazard stated that signs allow businesses to communicate with the public. Mr. Hazard stated that the Commissioners need to realize small business is important to our small city. 5 Shannon Wortman. 2304 N Dollar Rd: Ms. Wortman stated she worked for Ferguson: S he shared she was attending the public hearing in order to get a directional signage to their business. Ms. Wortman stated it is difficult for people to find their business, which is off Trent and they need a sign to point people to their business. S he stated that billboards are expensive. Ms Wortman stated she had had a sign on the corner of Dollar and Trent, however do to current regulations off premise signs are not allowed and they were required to take it down. She stated that after they were required to take it d own, the traffic flow in their show room dropped of drastically. Commissioner Higgins made a statement regarding his concern about the fact that there is not enough people here to comment on this subject, and inquired of the public participants what they thought should be done to increase participation? Steve Wineinger —returned to the podium. He stated that he understood a mailing had gong e out to list of competitors. He stated that some people feel like people feel what they say will fall deaf ears. Mr Wineinger said he felt direct mail would be best. Commissioners had a conversation with Mr. Wineinger about sign companies. Commissioner Bates asked Mr. Wineinger what his opinion was of current sign code. Mr. Wineinger stated that on a 10 scale, he felt it was about an 8.5. Ms Barlow respond to Commissioners Higgins comment about how the City distributed notices regarding the public hearing, City staff published a notice i n newspaper, the department emailed to its contact list of approx. 800 contacts, did a direct mail letter to the sign companies who had obtained business licenses, and anyone who had done business, in the City. Ms. Barlow stated staff did the best effort to get information to out to people. Ms. Barlow said she would like to specifically address a couple of comments made which were made. M s Barlow said it seemed there was a m isunderstanding regarding the temporary signs. The time limit for displaying a temporary sign and the requirement that a sign could only be 12 feet from the business entrance is only based on A-fame signs. Ms. Barlow stated the City had many businesses which were not on an arterial. She stated the free standing signs regulations only apply to arterial frontage. Other signs are allowed on other streets when the business is not allowed a pole sign. Ms Barlow warned the Commissioners care should be given when allowing off premise signage. She stated she recognized the need for some businesses to need off premise signage, however when allowing off-premise signage the most popular corners can become congested, and then it becomes an issue as to how to control the clutter in order to maintain an attractive community. Ms. Barlow explained each amendment proposed and how each amendment would affect the sign code. A-frame signs — Currently A-frame signs are not allowed. T he proposed amendment would allow business one A-frame sign which could not be taller than three (3)feet, the copy area cannot be larger than nine (9) sf, 6 Commissioner Higgins stated he was not trying to be critical of staff's efforts to try and contact people. Commissioner Neill asked why monument and wall signs were allowed on streets but pole signs were restricted to arterials. Sr. Planner Barlow related the scale of the sign relates to the zoning district, it is in order to keep it in scale with the surrounding neighborhoods. Director Hohman stated the City Council had requested staff to some specific items to look some specific items in the code. M r. Hohman stated off-premise signs could to be an issue for staff to review at a later time. He told the Commissioners about a program staff have been working on t he regarding the 'blue signs' on Appleway. He also shared that he thought a program of wayfaring signs would work as well for the off-premise signs, however it would take more work than the time for these amendments would allow and pertain to the whole City. M r. Hohman said these sign code amendments will be part of fixing the vitality of the corridor. Mr. Hohman explained to the Commission the options which were available to them regarding these amendments and the process moving them forward. Commissioners took a break at 7:28 p.m. Commissioners reconvened at 7:33 p.m. Bates asking about allowances Commissioner Bates asked Mr. Wineinger for suggestions regarding couple issues, how to accommodate off premise signs and get the businesses what they need. Steve Wineinger: Mr. Wineinger stated he felt that directional signage could be a possible solution. He said allow a sign that is only six to eight sf, in copy area and not taller than six ft in height. He also stated that a business could also be allowed an off-premise sign, if they were allowed to put a sign on an existing pole sign, on another property, as long as did not exceed the square footage allowance of the sign at that location. He also restated that if the word arterial was replaced with street then she (Ms Wortman)would be allowed a pole sign at her location. David Hazard: Mr. Hazard returned to the podium and stated what an awful problem it would be if every building had a sign stating that they were open for business. There was discussion regarding directional signs between the Commissioners and staff regarding zoning, directional signs, options found in other jurisdictions as options for alternatives for the off premise signs. Mr Hohman asked the Commissioners what more information did they want staff to provide to them regarding the current amendments. It was requested to have more information regarding off-premise signs and the wayfaring signs. Mr. Hohman stated the Commissioners it would require staff to do some research to provide that information. Mr. Hohman reminded the Commission City Council had made the request for the specific six amendments and to do the extra research could possibly delay the current amendments. Mr. Hohman stated that staff could return later with the information regarding the off-premise signs and wayfaring signs for a more in- depth discussion. C ommissioners asked if the amendments could be passed with the information before them currently, could the current amendments be modified slightly and then moved forward. Staff responded yes to both questions. Commissioner Higgins made a motion to continue the public hearing to February 9, 2012. This motion was passed unanimously. February 9, 2012 Planning Commission Meeting Minutes Unfinished Business: continued public hearing CTA-06-11, proposed amendments to Title 221.10 Sign Regulations. Sr. Planner Lori Barlow gave a short presentation regarding updates on the sign code and answer questions regarding the issues the Commissioners had brought up at the last meeting. Ms. Barlow reminded the Commissioners of the issues which were being proposed for amendment: • Allow A-frame signs • Modify the requirements for temporary signs • Increase the number of freestanding signs allowed for businesses on 1 arge lots fronting arterials • Clarify that churches are institutional uses and allow monument signs for all institutional and commercial uses along any street frontage • Allow multi-family complexes to display wall signs; and • Require electronic signs to be equipped with an automatic dimming capability At the public hearing Ms. Barlow stated that the following items were brought up as requests to either modify the proposed amendments or proposed additional changes to the sign regulations as follows: • Allow off-premise signs • Allow free standing signs on all streets not just arterials • Allow additional free standing signs for multi-business complexes • Require a 250' minimum spacing for free-standing signs • Only require stamped engineered drawings for signs over 30' tall or 100 sf Ms. Barlow stated she had check with the City's Acting Building Official stated the requirement for drawings for signs over seven feet appears to have been an administrative determination by a previous Building Official (Tom Sholtens), however he was still looking for a actual building code reference. M r. Powell stated (in his email) he will be discussing this issue with the regional Building Officials to see if they are aware of the requirement. Ms. Barlow stated she has also received a request for multi-business complexes to be able to have one sign for 250 ft of frontage and one for every additional 200 ft of frontage or fraction thereof. Ms. Barlow explained staff have proposed a new clause for off-premise directional signs related to the request pertaining to testimony received at the previous meeting. 8 Staff is proposing that the City allow the limited placement of off-premises directional signs by co-locating on a n existing conforming monument sign, freestanding sign, or building sign. These off-premise signs would only be allowed for uses located in commercial, office or mixed use zones, text would be limited to business name, logo and directional information. Ms Barlow stated that the request for additional signage for multi-business complexes was looked at however she explained the current additional allowances for multi-business and stated that at this time staff felt no change was needed. Ms Barlow then addressed the request to change the requirement for freestanding signs from being on an arterial to being on a street. Ms. Barlow discussed the link to free standing signs to from arterials to streets. S he stated that in the memo provided, it explained the considerations were size and height to get the message across, what types of signs were compatible with the surrounding uses. Ms. Barlow stated cities use zoning for to make transitions in uses. She pointed out if the word arterial is removed and changed to street, then pole signs would be abutting to residential districts. It is staff's suggestion to leave the arterial frontage, this will help protect the residential uses. However, Ms. Barlow said that the code could be modified to say one per street front in commercial and industrial zoned but one per arterial frontage in office and mixed use zones. Based on the previous meeting's input and Commission questions staff currently recommends the following changes to Chapter. 22.110 to: o Allow on premise A-frame signs for business o Allow A-frame signs for real estate purposes o Modify the requirements for temporary signs o Increase the number of freestanding signs allowed for businesses on large lots fronting arterials o Allow monument signs for all institutional and commercial u ses along any street frontage o Allow multi-family complexes to display wall signs; and o Require electronic signs to be equipped with an automatic dimming capability Steve Wineinger, ProSign 10021 E Knox: Mr. Wineinger stated he would like to address each of the following items: Off-premise signs — Mr. Wineinger stated he would like to propose making the signs 15 sf instead of 6 sf Mr. Wineinger stated that if the sign must piggy back an existing sign, then it should be allowed to match what is already there. He also said if there is not an existing sign to piggy back onto, then the business must build a monument sign. He shared the issue with most monument signs in order to be able to be seen in all weather, must stand a with a height of two and one half to three feet off ground. He stated that this would be a four foot by four foot square, no 1 ess. Aesthetically a monument sign better, if there is no sign existing to attach the 9 directional sign to. Mr. Wineinger said that the provision to remove the sign if the business left should not be included, because if a new business were to relocate there they would need the sign. M r. Wineinger said that he felt it would be to excessive to have to do, the new sign would have bottom billing, and it would require dismantling the whole structure in order to remove the part that was added. He also felt it added enforcement issues. M r. Wineinger said he thought that businesses with an interior lot or lots that fronted two streets would require Mr. Wineinger said that he would like to address spacing of freestanding signs. Mr. Wineinger stated he would like to propose one freestanding sign for every 250 feet and one freestanding sign for each additional 200 feet or fraction thereafter. Mr. Wineinger stated several instances where he felt that additional freestanding signs would be more applicable to the properties based on this new footage standard he is suggesting, HiCo, Opportunity Plaza, OZ Fitness. Mr. Wineinger stated he was not proposing a spacing requirement between the signs, which he stated could have unintended consequences. Mr. Wineinger said he wanted to proposed that freestanding signs be allowed not just on arterials but also on streets. He used the Franz Bakery thrift store being on a street and not being able to get a freestanding sign in order to be seen. M r. Wineinger also mentioned the issue of fronting on two streets. Mr. Wineinger said he felt business should be allowed to have a freestanding sign on a street in a residential area. He said if the business has a restrictive zone across the street make it restrictive to only allow monument in that case. Commissioners asked what is the science for the size of sign? Mr Wineinger stated that at 30-35 mph a sign which has letters that would be readable need to be approximately would be seven inches high. If it was a reader board signs the letters need to be about eight inches tall, most enter signs are five to six inches. Shannon Wertman. 2304 N Dollar Rd: Ms. Wertman stated she would just like to thank the Commission for listening to and considering the needs of our business. David Hazzard, 13218 E 10th: Mr. Hazzard stated he felt that a very restrictive sign ordinance is what lead to so many empty buildings. Thought process have to control signs, mess up the beauty of the city. Mr. Hazzard said he felt businesses should be allowed to have all the signs they want as long as they are not in the street, on the sidewalk, and do not pose a safety hazard. Mr. Hazzard said would it be so bad if there were signs all over the place, he it would mean all the buildings would have businesses in them. Mr Hazzard stated he felt that we should get the business first, be successful first. Seeing no one else that wished to testify, the Chairman closed the public hearing at 7:10 p.m. Commissioner Stoy made a motion to recommend approval of CTA-06-11, amendments to Title 22.110 to the City Council. The following is discussion of the amendment. C ommissioner Stoy complemented staff on the excellent job in preparing and explaining the amendments. Commissioners noted that an A-frame was allowed to be nine square feet but a directional sign was limited to six square feet. Commissioners felt maybe 12 square feet for a directional sign might be more 10 appropriate. T hey discussed A-frame signs being within 12 feet of the business entrance. Stating there would only be four or five businesses which would benefit with the sign at this location. C ommissioners discussed allowing A-frame signs behind the sidewalk. A consideration would be the sidewalk is backed by swales, how would the signs be seen. Suggestion was that they could sit on the edge of the swale, behind the landscaping strip but not in parking stall. Commissioner Neill stated he appreciated the proposed additional language for the off-premise signs but he had read the information from Mr. Wineinger and would like to take that into account as well. Commissioner Sands stated she had listened to the recording of the previous meeting and had and issue with changing requirement for freestanding signs from arterials to streets. She stated she would not want signs backing up to where she lived. Commissioner said maybe they should be addressed on a case by case basis, like Franz Bakery. Commissioner Bates said the Commissioners must weigh among themselves what everyone has to say, but that the relaxation of sign codes is important. He felt that public input to add more signs was good, however the problem with more signs is where does clutter stop? Mr Bates said he would like to relax the regulations however many temporary signs had been up for long time and showed wear. A 30- 60 day temporary permit would allow business tell us what they want. It is our responsibility to represent citizens as well as businesses. M r. Bates said that businesses want to run their business the way they see fit, spend the money they want to. Within reason, we must try and balance the two issues. Commissioner Hall stated he had an issue with the requirement that a business had to provide proof of the need for the directional sign. His suggestion was assure no one was located on an arterial. Commissioners asked if adding to an existing sign, would staff allow the existing sign to grow. Yes, but not beyond the sign allowance. Discussion involved the difficulty of removing a sign after business close. It would be easy to remove the text only, and it was believed there is a provision in the code now which requires the business to turn the sign around. Commissioners did mention the location of business is a business choice, choosing not to pay higher rent on a site off an arterial is part of that choice. Businesses off an arterial are allowed signage, just like any other business, but the regulations do not allow another sign just because the business chooses not to pay a premium rent. The Commissioners felt if there was a sign available to co-located on, the additional sign should be proportional to the existing structure. C ommissioners again discussed that an A-frame sign is not reasonable at located at only 12 feet from the business entrance, it should not block the sidewalk and should allow name and logo. Commission took a break at 7:32, they returned at 7:41 The Commission agreed that they would like to amend the proposed amendment to the sign code. They agreed to discuss each subject and make a determination if they would like to change each issue or leave it as staff has proposed. • Wall signs for Multi-family complexes, leave as is, no change 11 • Free standing signs based on lot frontage, one per every 500 ft. of frontage and every fraction of, is the staff recommendation. — Commissioners agreed to modify it to one freestanding sign for every 300 feet of frontage and fraction thereof in a commercial and industrial zones per street frontage and one freestanding sign for each 500 feet and fraction thereof in Mixed Use and Office zones per arterial frontage. - • Monument signs on street frontages—this is agreed as presented. • Temporary signs, Can have one at any time wanted, as long as maintained. Mr Bates has an issue with temporary signs for extra events and then must be removed at the end of the sale, he feels this needs to go away. Commissioner Neill agreed, stating it is on a business owners property they should get to put up whatever they want to. Commissioner Neill handed out written proposed language for the temporary signs. There was discussion of the proposed language. C ommissioner Higgins confirmed the sign regulations are only enforced by complaints. Discussion turned to changing the size of the square footage of the signs. At first commissioners wanted to increase the number of signs and increase the square footage. Talk about the change of the size of the signs to make them more viable, change requested is to 32 square feet. Commissioners talked about the need to eliminate the permit for temp signs, however they also felt the control and enforcement would be more difficult without it. Should a special permit be allowed more than two extra times a year, special events, holidays, but they worked out that this would be adequate when combined with the free sign they can have all the time. Commissioner Stoy made a motion to extend the meeting to 9:30. M otion is seconded and vote is seven in favor, zero against. Motion passes. • A-fame signs — Commissioner expressed a concern to not block a clearview triangle but it was already in the proposed language. C ommissioners wanted to delete the first sentence. Remove the language that says signs may be located no further than 12 feet from the entrance to the business. • Real estate signs—fine to go as written • Electronic signs — dimming capability. Must have one- required. This is a smart requirement. • Newly proposed off-premise directional signage — After discussion Commissioners reviewed the language, Commissioners would like the language added to the current proposed amendment with the following changes add a provision that if the business is on more than one arterial could have more than one directional sign. Removed the requirement to have to prove the need to have to have the sign. Increase the square footage to 15 square feet. Commissioner Higgins made a motion to amendment the language of the motion to reflect the following changes; 12 1. Change the freestanding sign requirement to allow one freestanding sign for every 300 feet and one for every fraction thereof in commercial and industrial zones per- street frontage and one sign for each 500 feet and one for every fraction thereof in mixed use and office zones per arterial frontage. 2. Increase the temporary sign square footage to 32 sf, 3. Remove the requirement that A-fame signs be restricted it to within 12 feet of the business entrance. 4. Add the proposed language to allow off-premise signs as was presented by staff removing the need to prove the necessity for the sign and change the size to 15 sf. Vote on the amendment was 7-0. The Chairman Bates called for the vote on the amended motion. Vote was 7-0. February 23, 2012 Planning Commission Meeting Minutes Unfinished Business: CTA-06-11, Proposed amendment to Chapter 22.110 Sign Regulations: Planning Manager Scott Kuhta said after approving the proposed amendments to Chapter 22.110, s ign regulations at the Feb. 9 meeting, he was presenting the findings of the Planning Commission for approval. Commissioner Stoy mad a motion to approve the Planning Commission findings and recommendation and forward them to the City Council. Vote on this motion was 7 in favor, 0 against. 4__/4_,17)(2_,) __7__:-114,Li./A 7/Z) Deanna Griffith, Planning Commission Secretary 13 CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: April 10, 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: Proposed Resolution 12-002, Amending Governance Manual GOVERNING LEGISLATION: PREVIOUS COUNCIL ACTION TAKEN: BACKGROUND: The Governance Committee met several times to review and propose changes to the Governance Manual, which had not been updated since 2010. After several discussions at Council, and several Governance Committee meetings, the attached Governance Manual reflects those changes, which includes an Ethics Statement, Index, and End notes. OPTIONS: Approve the Resolution and Attached Manual, with or without changes; or take other action deemed appropriate. RECOMMENDED ACTION OR MOTION: I move to approve Resolution 12-002, together with the attached Governance Manual, General Policy Resolution of Core Beliefs, Councilmembers' Statement of Ethics, and other attached appendices. BUDGET/FINANCIAL IMPACTS: STAFF CONTACT: Mike Jackson, Cary Driskell, Chris Bainbridge ATTACHMENTS: Resolution 12-002, Governance Manual CITY OF SPOKANE VALLEY SPOKANE COUNTY,WASHINGTON RESOLUTION NO. 12-002 A RESOLUTION OF THE CITY OF SPOKANE VALLEY, SPOKANE COUNTY, WASHINGTON, REPEALING AND REPLACING CITY OF SPOKANE VALLEY RESOLUTION 10-020 WITH ATTACHMENT A `GOVERNANCE COORDINATION MANUAL' COMPRISING THE CITY COUNCIL'S COMPREHENSIVE COLLECTION OF MEETING RULES AND PROCEDURES,AND OTHER MATTERS RELATING THERETO. WHEREAS, written rules of procedure regarding how the City Council conducts its policy- making business for the City best assure an atmosphere conducive to efficiency, uniformity and consistency; and WHEREAS, the rules and procedures adopted by the Council by which they conduct the policy- making business of the City need to be amended from time to time to reflect changes in the law and practice of the Council. NOW THEREFORE, be it resolved by the City Council of the City of Spokane Valley, Spokane County,Washington,as follows: Section 1: On December 28, 2010, Council adopted Resolution 10-020 repealing and replacing the previously adopted City of Spokane Valley Resolution 09-012 with Attachment A Governance Coordination Manual. Section 2. The Council hereby repeals Resolution 10-020 with Attachment A Governance Coordination Manual, and replaces it with "City of Spokane Valley Governance Manual," which contains Appendices to that Manual, including but not limited to, the formerly adopted "General Policy Resolution of Core Beliefs," as well as "Councilmembers' Statement of Ethics," all of which is attached hereto and incorporated herein. Section 3. Effective Date. This Resolution shall be in full force and effective upon adoption. Adopted this day of ,2012. ATTEST: Thomas E.Towey,Mayor Christine Bainbridge,City Clerk Approved as to Form: Office of the City Attorney DRAFT for 2012 Council meeting 1°4.1\%M%ai CITY OF oKane Valley Governance Manual Resolution 12-002 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 12-001 adopted 1 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 10 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 13 5. Seating Arrangement 13 6. Dissents and Protests 13 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 14 11. Out of Order Requests 14 12. Photographs,etc. Requiring Artificial Illumination Prior Permission Required 14 13.Voting 14 14.Motions and Discussion 14 Table of Parliamentary Procedure at a Glance 16 15. Ordinances 17 16. Resolutions 17 17. Reconsideration 17 18. Council materials/packets 18 19. Three Touch Principle 18 CHAPTER 2: Legislative Processes and Procedures 20 A. Election of Council Officers 21 B. Filling Council Vacancies 21 C. Legislative Agendas . 21 D. Council Travel Provisions 21 CHAPTER 3: Council Contacts 23 A. Citizen Contacts and Interactions 24 1.Mayor/Council Correspondence 24 2. Citizen Concerns,Complaints and Suggestions to Council 24 3.Administrative Complaints to Individual Councilmembers 24 4. Social Media 24 B. Staff Contacts and Interactions 25 1. Role of the City Manager 25 2. City staff Attendance at Meetings 25 3. City Clerk-Minutes 25 4.Administrative Interference by Councilmembers 25 2 DRAFT for 2012 Council meeting 5. Informal Communications Encouraged 26 CHAPTER 4: Hearings 27 A. General Public Hearings 28 1. Purpose 28 2. Legislative Hearings 28 B. Quasi-Judicial 29 1. Purpose 29 2. Specific Statutory Provisions 29 3.Actions/Procedures for a Quasi-Judicial Public Hearing 29 4.Appearance of Fairness Doctrine 31 CHAPTER 5: Committees, Boards, Commissions 33 A. Regional 34 1. Committees 34 2. Council Relations with Boards, Commissions,Advisory Bodies 34 B. In-house 34 1. Standing Committees 34 a. Planning Commission 34 b. Lodging Tax Advisory Committee 35 c.Finance Committee 35 C. Private Committees,Boards, Commissions 36 CHAPTER 6: Disclaimer 37 A. Purpose 37 B. Use 37 C. Reliance 37 Appendices: A. Definitions . 38 B. Frequently Used Acronyms 39 C. Optional Committee Report Form 42 D. Policy Resolution of Core Beliefs 43 E Statement of Ethics . 45 F. Index 46 Endnotes 48 3 DRAFT for 2012 Council meeting CHAPTER 1 Council Meetings �f ,z_ J1 ,_, _ I '- ,,' "�J ��yy �'!�'4 ■,.. . Ax_1..11 C�g pd + a 51■ ♦ s , A.E E� 11P111WM ILOi 6 '� � 144 p y`y m�l.e ` CP411917 +K ■1�. e I e •Jy j .) s,4_ F� r �, ji f t A r :i i' - 1 t W X 1 f Rif { .,f 3 .If. 4 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 2(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.13.0353]. 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. 5 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 any Council 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. 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 [page 12] 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 6 DRAFT for 2012 Council meeting or commission, whether as a formal member or as a liaison. Extended reports shall be placed as 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 7 DRAFT for 2012 Council meeting will be distributed to Council by placing copies at each Councilmember's workstation or 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 Blc 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, 8 DRAFT for 2012 Council meeting the Presiding Officer may 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. 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 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. 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. 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. 9 DRAFT for 2012 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. 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 42.524) and/or the Public Records Act(RCW 42.565). 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: 10 DRAFT for 2012 Council meeting (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 (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 6 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 42.32.0307,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.13.1708, 35A.12.1109). 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.12.11010) 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. 11 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 is posted on the exterior Council Chamber doors per RCW 42.30.09012. Council meetings adjourned under the previous provision shall be considered regular meetings for all purposes. (RCW 35A.13.17013, 35A.12.12014) 3. Attendance,Excused Absences RCW 35A.12.060 15provides 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. 12 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#8 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 by motion. Such participating Councilmember(s) should be present and counted. So as not to disrupt the Council meeting, adequate notice must be given to allow hookup in time for the beginning of the meeting. (b) 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. 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 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. 13 DRAFT for 2012 Council meeting 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. If any Councilmember refuses to vote "aye" or"nay,"their vote shall be counted as a"nay"vote unless the Councilmember has abstained recused themselves 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.13.03016); 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.13.19017). 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. 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. 14 DRAFT for 2012 Council meeting 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. 15 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,106'Edition) *(Roberts 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. 16 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.1318). 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; 17 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 18 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. 19 DRAFT for 2012 Council meeting CHAPTER 2 Legislative Process m i it, 1 — s �r, ; , �., . _ 4. * pr y 111 IV ,, ,, , ... r` tet. 1M. • -- „„ _ .14-or, , _Iii , . IN: • 40, , 1 T Alp .41i ..i, R ._ .2 :. 1 i . .... , A ti le 1t. ' 7 _ .. _., 1� 1 ... , , .,_ L , ..„....-,.. ,, . . _ , ..... i ‘,.., , . ;.„,.,,,,, _ ",,,,,,,,,..... __„.... , .1 . , Di. _._, i ........ ...._,. ivii,„, ,, , ii - .„ ,„ , ., • 20 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.13.03019) 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 20 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.13.02021 and Council's adopted procedure in compliance with RCW 35A.13.02022. 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 draft 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 21 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. 22 DRAFT for 2012 Council meeting CHAPTER 3 Council Contacts Contact ,• letti„,, ilik deal A i 11CL ' . 4141111111tNk '. P ,,,,N.____Attir:. ,I.,„,„ i N,,,,,, %,„.ilb-iwiliior, -moif A( 4 1 '01 23 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. 24 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.13.08023. 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.13.08024) 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.13.12025.) 25 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. 26 DRAFT for 2012 Council meeting CHAPTER 4 HEARINGS 1 96. 27 DRAFT for 2012 Council meeting A. General Public Hearings 1. Purpose Legislative public hearings 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. 28 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 42.36.04026, 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 42.36.06027) 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. 29 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 are 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. 30 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 28and meeting the other provisions of such chapter, and that the decision shall act as official notice under RCW 43.21C.07529. 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.13030 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 42.36.01031). 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 31 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. 32 DRAFT for 2012 Council meeting CHAPTER 5 COMMITTEES, BOARDS, COMMISSIONS , S 1 , (lib. b. 4 iiibi JIP de , ir tor - FEHIll lip, - 33 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. 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." 34 DRAFT for 2012 Council meeting 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. The City Manager may also request meetings to discuss matters of financial interest with the Finance Committee. 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 35 DRAFT for 2012 Council meeting 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.13.12032. 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, 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. 36 DRAFT for 2012 Council meeting 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. 37 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 42.30.01033, 42.30.020(3)31 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) 38 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 39 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 40 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 41 DRAFT for 2012 Council meeting APPENDIX C: 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: 42 DRAFT for 2012 Council meeting APPENDIX D: 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. Modifying 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.13.02035 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. 43 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 44 DRAFT for 2012 Council meeting APPENDIX E: STATEMENT OF ETHICS SPOKANE VALLEY CITY COUNCILMEMBERS' STATEMENT OF ETHICS By adoption of the Resolution which adopts this Governance Manual,the Spokane Valley City Councilmembers hereby agree to be bound by the following rules of ethics: DECLARATION OF PURPOSE: • Provide guidelines and set high ethical standards for Councilmembers to perform their duties in an open, honest,and unbiased manner. • Establish procedures for prevention and/or elimination of possible conflicts of interest. • Improve and strengthen the public's perception and trust in their local government. DEFINITIONS: Compensation: Anything of economic value regardless of amount, however designated, which is paid, loaned, advanced, granted, transferred, or gifted, or to be paid, loaned, advanced, granted, transferred or gifted for or in consideration of personal services to any person or that person's immediate family as that term is defined in RCW 42.17A.005(24)36 Contract: Includes any contract or agreement, sale, lease, purchase, or any combination of the foregoing. A contracting party is any person, partnership, association, cooperative, corporation, whether for profit or otherwise,or other business entity which is a party to a contract with a municipality. PROHIBITED CONDUCT: (a) Acceptance of Gifts: No Councilmember, based solely on their position with the City of Spokane Valley, shall receive, accept, take, seek, or solicit, directly or indirectly, anything of economic value regardless of the amount, as a gift, gratuity, or favor from any person or entity outside the City organization. Campaign donations made and reported in conformance with Washington Law are exempt from this provision. (b) Interest in Contracts, Exceptions: No Councilmember shall be beneficially interested, directly or indirectly, in any contract where the City of Spokane Valley is named as a party to the contract; and no Councilmember shall accept, directly or indirectly, any compensation, gratuity or reward in connection with such contract. This prohibition shall not apply to the exceptions specified in RCW 42.23.030 37 which are incorporated herein as if fully set forth. (c) Incompatible Service; Confidential Information: No Councilmember shall engage in or accept private employment or render services for any person, or engage in any business or professional activity when such is incompatible with the faithful discharge of his/her official duties as a Councilmember.No Councilmember shall disclose confidential information acquired by reason of such official position, nor shall such information be used for the Councilmember's personal gain or benefit. PERSONAL OR PRIVATE INTERESTS,PUBLIC DISCLOSURE: Any Councilmember who has a financial or other private or personal interest in any ordinance, resolution, contract,proceeding,or other action pending before the City Council or any of its committees, shall promptly disclose such interest at the first public meeting when such matter is being considered by the City Council, and a summary of the nature of such interest shall be incorporated into the official minutes of the City Council proceedings. Any Councilmember who feels disqualified by reason of such interest in any matter before the City Council, shall make a public statement and disclose the reasons why that Councilmember feels disqualified, and state that they are recusing themselves from the issue, and with permission of the Presiding Officer, will leave the Council Chambers until such time as the issue at hand has been disposed of in the regular course of business. 45 DRAFT for 2012 Council meeting APPENDIX F: INDEX 9 E 9:00 p.m•9 Election of Officers•23 emergency•6,12,15,16,20 Emergency•15,45,46 A emergency ordinance•16 excuse•6,10,13,35 absence•5,6,10,13,27 excused•13,27 Adjournment 9,15 Executive Session•8,10 Advance Agenda•13 Executive Sessions•2,5,10,11 agenda•6,7,8,9,10,11,12,13,15,16,17,19,20,21,23, Ex-Parte communications•32 26,38 amend•18,42 amended 6,7,16,17,18 F amended agenda•6,9 Appearance of Fairness Doctrine•34,35,36,40 Filling Council Vacancies•2,23 Approaching the Dais•16 finance•39 Attendance•11,13,27 Finance•24,39 Formal Format•2,6 Forms of Address•6,10 8 board •7,34,38,40,41,48 H budget•16,24,30,39,43 budget amendment•16 hearing•8,20,30,31,32,33,34,35,36,41 Hearing•32 hearing examiner•32,33,34 C Citizen Contact•26 1 City Clerk•6,7,8,9,10,12,13,16,19,20,23,27,30,32 City Manager•6,7,9,10,13,15,16,17,19,20,26,27,35, Interference•27 40,45 Comments•7,8,10,16 Complaints•26 L conflict of interest•16,35,40 Consensus•43 last six months•24 contract•51,52 Legislative Agenda•23 CONTRACT•51 Lodging Tax Advisory Committee•39 Contract Authority•40 Correspondence•3,26 Council liaison•40 Council Packets•20 material•6,10,20,30 D minutes•7,11,13,15,17,23,27,30,33,38,52 Motion•10,43 Motions•16 dais 9,16,20 demonstrations•8,30 Deputy Mayor•5,6,13,23 N display materials•7 National League of Cities•23 new item•6 Non-action•9,13 46 DRAFT for 2012 Council meeting O respect•15,38 Roll Call•6,10 Open Public Meetings Act•5 opinion•35,43 opinions•8,32 ordinance•15,16,19,26,42,43,52 Ordinances 19,21,43 Seating Arrangement•15 show of hands•43 social media•26,43 P Social Media•3,26,43 SPECIAL MEETINGS•11 Study Session Format•2,9 parliamentarian•13 surprise•9,13 Parliamentary Procedure•2,18 Photographs•16 Planning Commission•32,38,40 podium 16,17,30 point of order•15 posterboards•7 Table•18 PowerPoints•6,10 Task Force 7,40 Pre Agenda 2,13 three 6,7,8,12,13,21,30,38 presentations•6,7,10,30 three Councilmembers 6 Presiding Officer•2,5,6,7,8,9,10,13,15,16,17,19,23, three touch principle 19 27,30,31,35,38,40 Three Touch Principle•21 Public Disclosure•32 Time 5,30 Travel Provisions•23 Q U qualifications•11 Quasi-Judicial•3,32 Unfinished 8 Quorum•13 V R Voting•2,9,13,16 Reconsideration•2,19 recuse•16,35 recusing•52 w regular meetings•5,13 reintroduced•17 withdraw•17,18 Reports•7,8,38 written findings•34 Request for Council Action form(RCA)•20 Written Public Comments•8 Resolutions•19,21,43 47 DRAFT for 2012 Council meeting Endnotes: 1 RCW 42.30.110—Open Public Meeting Act,Executive Sessions 2 RCW 42.30.140-Open Public Meeting Act, 3 RCW 35A.13.035-Optional Municipal Code(35A)—Council-manager plan of government 4 RCW 42.52—Ethics in Public Service 5 RCW 42.56—Public Records Act 6 RCW 35A.12.160 Optional Municipal Code (35A)—Council manager plan of government; public notice of hearings and meeting agendas 7 RCW 42.32.030—Minutes shall be open to public inspection. 8 RCW 35A.13.170 — Optional Municipal Code (35A) — Council manager plan of government; council meetings — quorum,rules-voting 9 RCW 35A.12.110—Council meetings,shall meet regularly,at least once a month. 1°RCW 35A.12.110—ibid. 11 RCW 42.30.080-Open Public Meetings Act,Special Meetings,procedures for calling Special Meetings 12 RCW 42.30.090—Open Public Meetings Act,Adjournments 13 RCW 35A.13.170 - Optional Municipal Code (35A) — Council manager plan of government; council meetings — quorum,rules-voting 14 35A.12.120—Council meetings,shall meet regularly,at least once a month 15 RCW 35A.12.060 —A council position shall become vacant if the councilmember fails to attend three consecutive regular meetings of the council without being excused by the council. 16 RCW 35A.13.030—Mayor—election—chair to be mayor—duties: Biennially at the first meeting of the new council members shall choose a chair from among their number;the chair shall have the title of mayor and preside at meetings.. 17 RCW 35A.13.190—Ordinances,emergencies,may be effective upon adoption if passed by a majority plus one of the whole membership of the council and have the ordinance designated as a public emergency;but such ordinance may not levy taxes,grant,renew or extend a franchise,or authorize the borrowing of money. 18 RCW 35A.13 -Council-manager plan of government. 19 RCW 35A.13.030-Mayor—election—chair to be mayor—duties: Biennially at the first meeting of the new council members shall choose a chair from among their number;the chair shall have the title of mayor and preside at meetings.. 20 RCW 35A.13—Council-manager plan of government. 21 RCW 35A.13.020—Mayor—election,chair to be mayor,duties 22 RCW 35A.13.020—ibid. 23 RCW 35A.13.080- City manager—powers and duties. 24 RCW 35A.13.080—ibid. 48 DRAFT for 2012 Council meeting 25 RCW 35A.13.120 - City manager — interference by councilmembers; council shall deal with the administrative service solely through the manager 26 RCW 42.36.040—Appearance of Fairness—public discussion by candidate for public office 27 RCW 42.36.060—Quasi-judicial proceedings,ex-parte communications prohibited,exceptions. 28 Chapter 36.70C RCW—Judicial review of land use decisions 29 RCW 43.21C.075—State environmental policy;Appeals. 30 RCW 36.70B.130—Local Project Review;Notice of Decision;distribution 31 RCW 42.36.010 Appearance of fairness doctrine—local land use decisions. 32 RCW 35A.13.120 - City manager — interference by councilmembers; council shall deal with the administrative service solely through the manager 33 RCW 42.30.010- Open Public Meetings Act;legislative declaration. It is the intent of this chapter that their actions be taken openly and that their deliberations be conducted openly. 34 RCW 42.30.020(3)—Definitions—defines"action" 35 RCW 35A.13.020 — Election of councilmembers — eligibility — terms — vacancies — forfeiture of office — council chair. 36 RCW 42.17A.005(24)—. "Immediate family" includes the spouse or domestic partner, dependent children, and other dependent relatives, if living in the household. For the purposes of the definition of "intermediary" in this section, "immediate family" means an individual's spouse or domestic partner, and child, stepchild, grandchild, parent, stepparent, grandparent, brother, half brother, sister, or half sister of the individual and the spouse or the domestic partner of any such person and a child, stepchild, grandchild, parent, stepparent, grandparent, brother, half brother, sister, or half sister of the individual's spouse or domestic partner and the spouse or the domestic partner of any such person. 37 RCW 42.23.030 - Code of Ethics for municipal officers, contract interests, interest in contract prohibited — exceptions. "No municipal officer shall be beneficially interested, directly or indirectly, in any contract which may be made by,through or under the supervision of such officer,in whole or in part,or which may be made for the benefit of his or her office,or accept,directly or indirectly,any compensation,gratuity or reward in connection with such contract from any other person beneficially interested therein." Some exceptions include furnishing utility services. Most exceptions apply to entities other than cities. 49 CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: April 10, 2012 Department Director Approval: Item: Check all that apply: [' consent ❑ old business ® new business [' public hearing [' information ❑ admin. report ❑ pending legislation AGENDA ITEM TITLE: MOTION CONSIDERATION: Bid Award -Sprague Ave. Reconstruction Project (#0115) GOVERNING LEGISLATION: SVMC 3.35.10-Contract Authority PREVIOUS COUNCIL ACTION TAKEN: Adopted the 2012-2017 Six Year TIP on June 28, 2011 (Resolution #11-005), which included the Sprague Avenue Reconstruction Project; Informational RCA on 2011 TIB Call for Projects (FY2013) on July 5, 2011; Admin Report on 2011 TIB Call for Projects on July 19, 2011; Approval to move ahead with TIB Grant Application on August 9, 2011; Motion approval to execute TIB Grant Agreement for this project on December 6, 2011; Signed TIB Fuel Tax Grant Distribution Agreement, Dec. 15, 2011; Admin Report, dated January 31, 2012. BACKGROUND: The Sprague Avenue Reconstruction Project was selected as part of TIB's (Transportation Improvement Board) Rapid Action Selection program. This program requires that 1) the bid be advertised no later than March 19, 2012, and 2) Notice to Proceed is given to the successful Contractor no later than May 18, 2012. If these requirements are not met, grant funds will be automatically terminated. The project was advertised for bid on March 16th and 23rd. The bid opening is scheduled for Friday, April 6. Staff will provide tabulated results of the public bid opening at the April 10 Council meeting. OPTIONS: 1) Award contract to lowest responsible bidder; 2) Provide additional direction to staff. RECOMMENDED ACTION OR MOTION: Move to award the Sprague Avenue Reconstruction Project to the lowest responsible bidder , in the amount of $ and authorize the City Manager to execute the construction contract. (Staff will provide contractor name and bid amount after the April 6 bid opening.) BUDGET/FINANCIAL IMPACTS: Below is a funding breakdown for this project: Project Revenues Project Expenditures $3,019,920 TIB Grant $ 125,078 PE Phase $ 757,925 City Match $ 10,000 Printing/Binding/Advertising $ 100,000 City PE Costs (not grant eligible) $ 70,000 CN (proposed staff costs) $3,877,845 Total $ 64,221 CN Consultant (GeoEngineers) $ 3,342,454 CN Eng. Estimate $ 3,611,753 Total Est. Expenditures There are sufficient REET funds available for the city's portion of the local match for this project. STAFF CONTACT: Steve M. Worley, P.E. -Senior Capital Projects Engineer Neil Kersten, AIA- Public Works Director CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: April 10, 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: Motion Consideration: Pavement Management Funding. GOVERNING LEGISLATION: None. PREVIOUS COUNCIL ACTION TAKEN: At the March 27, 2012 Council meeting, two options to provide 2012 funding for the Pavement Management Plan were discussed. At the conclusion of the discussion, Council concurred to advance one of those options to a subsequent meeting for formal action. BACKGROUND: The Public Works Department has for some time worked on developing a Pavement Management Plan, and at the March 27, 2012 meeting the City Council approved a final plan. That same evening Council also discussed funding options for the Pavement Management Plan, eventually arriving at a consensus to advance to a subsequent meeting for formal Council action, the second of the two options presented by staff. This funding option included the following elements: • Set aside 100% of the General Fund unreserved fund balance as of December 31, 2011, in excess of$26,000,000 for street preservation. We currently estimate this to be $2,045,202. • Commit the remaining reserves in Fund#311 — 2011 Street Capital Improvements 2011+ for street preservation. We currently estimate this to be $773,681. If this option is approved by Council, we estimate that monies dedicated to street preservation in 2012 will total $5,529,883, composed of: Proposed Motion: General Fund#001 - unreserved fund balance > $26 million 2,045,202 2011 Street Capital Improvements 2011+ Fund #311 - reserves 773,681 2,818,883 Evergreen Road - 16th to 32nd Project Street O&M Fund#101 - reserves 500,000 2011 Street Capital Improvements 2011+ Fund #311 - reserves 111,000 611,000 Street O&M Fund #101 - operating budget dedicated to street preservation 2,100,000 Total estimated 2012 funds committed to street preservation 5,529,883 RECOMMENDED ACTION OR MOTION: "I move to dedicate 100% of the December 31, 2011 General Fund unreserved fund balance in excess of $26,000,000, for street preservation activities; and to dedicate the entire unreserved fund balance in Fund #311 — Street Capital Improvements 2011+, for street preservation activities." P:IClerklAgendaPackets for Weblagendapacket 04-10-121Item 6 pavement mgmt option.docx BUDGET/FINANCIAL IMPACTS: Assuming passage of the motion, a subsequent 2012 budget amendment will be pr epared for Council consideration that will approve the transfer of the General Fund unreserved fund balance in excess of $26 million — estimated at $2,045,202 - to Fund #311 — Street Capital Improvements 2011+. The budget amendment will also appropriate this $2,045,202 plus the remaining unreserved fund balance in Fund #311 es timated at $773,681, for a total additional 2012 appropriation in Fund #311 of approximately $2,818,883. STAFF CONTACT: Mark Calhoun and Mike Jackson ATTACHMENTS: None. P:IClerklAgendaPackets for Weblagendapacket 04-10-1211tem 6 pavement mgmt option.docx CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: April 10, 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: MOTION CONSIDERATION: Quit Claim Deed for western half of Balfour Park from Spokane Transit Authority GOVERNING LEGISLATION: PREVIOUS COUNCIL ACTION TAKEN: None BACKGROUND: Following incorporation of the City in 2003, Spokane County transferred numerous park properties to the City. One such park was Balfour, located at the intersection of Main Avenue and Balfour Road, which is one half block north of Sprague across from University City. The developed park is two times larger than what the City owns due to the fact that Spokane County previously sold the western half of the park property to Spokane Transit Authority (STA) in 1984. STA leased that property (Spokane County Assessor's parcel number 45174.9031) back to the County through a ten-year lease in July, 2002. The City inherited this lease, which expired last year. There was consideration (exchange of value) to the parties for their mutual obligations, but no money was identified for exchange. One of the terms of the Real Estate Agreement (attached for reference) between STA and the County in 2002 called for Spokane County to transfer by quit claim deed the western half of the Balfour Park property. That did not occur as contemplated in the nine months between the Real Estate Agreement and when the City incorporated. As part of the discussions regarding potential purchase of the property immediately west of the STA property (owned by Pring Corporation), staff raised this issue with STA, and requested that STA now transfer the property to Spokane Valley as was originally planned. Their Board met on March 21, 2012, and voted to transfer by quit claim deed the property to the City for no additional money. STA also noted that there was an addi tional aspect of the 2002 A greement that was not complied with, that being the vacation of an unused portion of McDonald Road and I ndiana Avenue. These areas of land were to be vacated, then aggregated into adjoining parcels for the construction of the STA park-and-ride facility near Mirabeau Point on Indiana. The park-and- ride facility was constructed and has been i n use for approximately nine years without the vacation and aggregation processes having been completed. The City has informed STA that the City will work with STA to close those matters out as well. As a result, the City Council should expect several street vacation actions coming forward in the next several months related to that. OPTIONS: Authorize the City Manager to execute all necessary documents to complete the transfer of the western half of Balfour Park from Spokane Transit Authority to the City. RECOMMENDED ACTION OR MOTION: I move that we authorize the City Manager to execute all necessary documents to complete the transfer of the western half of Balfour Park (Spokane County Assessor's parcel number 45174.9031) from Spokane Transit Authority to the City of Spokane Valley. BUDGET/FINANCIAL IMPACTS: None STAFF CONTACT: Cary Driskell, City Attorney; Mike Stone, Parks Director ATTACHMENTS: (1) 2002 Real Estate Agreement (2) Quit Claim Deed and real estate tax affidavit for Spokane County Assessor's parcel number 45174.9031 11111111111111111011111 111111 4753514 Pale: 1 of 13 SPOKINE TRANSIT AUTHORITY REC $31.40 Spokane 00ACo, 1 '42P RETURN ADDRESS �y - SPo IrlE -r }NSa T 7-Hy I d" O VW . c.c.—aE� A4i SPi:F.sry: '{r?tr•,=! AUTHORITY rlljn 2 ' 2092 .SPD tLl o.r W rr "I'q d! _ iy 8 6 Please Type or Print Neatly&Clearly All Information Document Title(s) Reference Number(s)of Related Documents o /!' 5 Grantor(s)(Last Name,First&Middle Initial) 640+4Ar'7'rrf' ( 1 br egs,1 vor ro.bomtit, , ko"v) Grantee(s)(Last Name,First&Middle Initial) 51`70 r 4-4 7zMr ( JA!M`6k kola ` Qom' '►fie Cyr V. .14 , oe- 1 T Legal Description (Abbreviated form is acceptable)i.e.Section/Township/Range/114 Section j,ut)JPrr•Jfr +2a0k c5 ,W (56 AT'rpAR eT "� } 11. .e L► S S/TE ( ` /r-rrii.co eXt 'r " a ,. 1/ 9:44/ $At-Fnsf� PRaPe^e-Y,n (5,�E TT t r �5,fr "8" a � -w.A +Qat Assessor's Tax Parcel ID Number: (n+Arrt•4rt Ra Mo "torr( (45 T f) I/14 c \J r L- 51 TC(351+13.oyaoIt P&av .-r+'�� (.{cf7'f.? The County Auditor will rely on the information provided on this form. The Staff v to not read the document to verify the Accuracy or completeness of the indexing information provided herein. Sign below only if your document is Non-Standard. I am requesting an emergency non-standard recording for an additional fee as provided in RCW 36.18.010. I understand that the recording processing requirements may cover up or otherwise obscure some parts of the text of the original document. Fee for non- standard processing is$50. Signature of Requesting Party 4753514 1111 11 I III 11 I 11 1111 11111111 II Pale: 2 of 13 b112 2002 03:42P SPOKANE TRANSIT AUTHORITY REO $31,00 Spokane Co, WA FILE FOR RECORD AT REQUEST OF: Spokane Transit Authority 1230 West Boone Avenue Spokane,Washington 99201-2686 Attn: Thomas F. Kingen is 0452 REAL ESTATE AGREEMENT 1. Parties. 1.1. Spokane County is a political subdivision of the State of Washington exercising authority pursuant to the Title 36 RCW and other laws,hereafter"County." 1.2 Spokane Transit Authority is a municipal corporation of the State of Washington exercising authority pursuant to Chapter 36.57A RCW and other laws,hereafter"STA." 2. Description of Property. 2.1 The County owns right-of-way at McDonald Road north of Indiana Avenue and south of the adjacent Union Pacific Railroad(formerly Spokane International Railroad)right-of-way and adjacent to property acquired by STA(Hamilton and Hanson acquisition)constituting approximately 3,171 sq.ft„hereafter"McDonald Road ROW." 2.2 The County owns right-of-way along Indiana Avenue west of McDonald Road ROW and south of property owned by STA(the Hamilton property)constituting approximately 35,565 sq.ft., hereafter "Indiana Road ROW." 2.3 The County owns the Spokane County Fair &Exposition property,hereinafter"Fair and Expo Site"which is adjacent to property owned by STA and acquired from Union Pacific Railroad, hereafter"Valley LRS Site"both properties identified in Exhibits 1 and 2 respectively,attached hereto and incorporated by reference herein. R.E. se ax Exempt Da . "j 200 Z— �� Co 1 Treat. II 4753514 11111 11111111111111 III 1111 H Pa e:125?2002 3 of 13 OT03:42P SPOKANE TRANSIT AUTHORITY REC $31.0)) Spokane Co, WA 2.5 STA owns the west one-half of Balfour Park located approximately at the southeast corner of Main Avenue and Felts Road containing approximately 65,377 square feet,hereafter referenced as the"Balfour Property." The Balfour Property is described in Exhibit 3 attached hereto and incorporated by reference herein. 2.6 STA owns property(Hamilton and Hanson acquisition)located north of the Union Pacific Railroad(formerly Spokane International Railroad)right-of-way, hereafter"Evergreen Park& Ride Development." 3. Purpose. The County and STA wish to exchange various property interests and/or grant uses on properties described in paragraph 2 as more fully set forth in paragraph 4. 4. Transaction. For and in consideration of the transactions set forth hereafter and the further terms and conditions of this Agreement, STA and County agree as follows: 4.1 County agrees to initiate and vacate the McDonald Road ROW and convey by quit claim deed all its rights,title and interest to STA. STA agrees to cooperate in the vacation as an adjoining property owner. 4.2 County agrees to initiate and vacate the remainder of the excess Indiana Road ROW adjacent to STA's property and convey by quit claim deed all its right,title and interest to STA. 4.2.1 In conjunction with the vacation and conveyance,County agrees to revise all legal descriptions of drainage easements and their encroachments for the Evergreen Park&Ride Development to reflect actual usage and grant STA shared use of the drainage easements.County and STA will work together to identify the location of existing utility encroachments and provide new legal descriptions of the same. STA will provide County with appropriate Border easements after the completion of the Evergreen Park&Ride Development. 4.3 County agrees to participate in the aggregation of the Indiana Road ROW and McDonald Road ROW with the Evergreen Park&Ride Development,as recommended by the Spokane County 11111111111111111111111111111 4753514 Pa e: 4 of 13 SPOKANE fiI NSIT k�TN�RITY REC 07:2512002 03:42P 331,0 Spokane Co, M Division of Planning,prior to the issuance of a Certificate of Occupancy for the Development. 4.4 STA agrees to lease to County,at no cost,the Valley LRS Site for county-public purposes associated with the Fair and Expo Site until such time as STA constructs a transit facility on the Site subject to the following provisions: 4.4.1 County agrees to provide an insurance certificate to STA naming STA as an additional named insured during the term of the lease. Additionally County agrees to indemnify STA in conjunction with its use of the Valley LRS Site under the terms of the lease. 4.4.2 County agrees to provide maintenance of the Valley LRS Site limited to garbage pick up and weed control. 4.4.3 STA may use the Valley LRS Site at all times,except during the Spokane Interstate Fair, subject to advance notice and coordination with the County. 4.4.4 County may not allow any use of the Valley LRS Site for other than county- public purposes associated with the Fair and Expo Site without prior written approval by STA. County agrees to split on an equal basis with STA any consideration it receives from any approved users. 4.4.5 Lease will automatically terminate upon STA's sale of the Valley LRS Site or at such time as STA constructs a transit facility at the Valley LRS Site. Provided, however, STA shall give County nine(9)months written notice of either event. 4.5 At such time as STA constructs a transit facility at the Valley LRS Site,STA shall lease to the County,at no cost,open space(s)and any public parking areas at the Valley LRS Site for parking associated with the Fair and Expo Site subject to the following provisions: 4.5.1 County agrees to provide an insurance certificate to STA naming STA as an additional named insured during the term of the lease. County agrees to indemnify STA in conjunction with its use of the Valley LRS Site under the terms of the lease, 4753514 Page: Sof 13 J1IJ!! LIIIHORITY AEC 07.25 2002 03:42P $31.00 Spokane Co, M 4.5.2 Use of the Valley LRS Site will be limited to excess capacity as determined by STA. Provided,however,the parties acknowledge that STA's use of the site will normally occur through the early afternoon leaving the site with excess capacity from approximately 4:00 p.m.to midnight on week days and all day Saturday, Sunday,and legal holidays. As such the parties anticipate that the County will be able to use excess capacity at such times. 4.5.3 LAsse will automatically terminate upon STA's sale of the Valley LRS Site. 4.6 STA agrees to convey to County by quit claim deed the west one-half of former Balfour Park, located approximately at the southeast corner of Main Avenue and Felts Road containing approximately 65,377 square feet. 5. Option to Purchase—Valley LRS Site. STA grants County an exclusive right to purchase the Valley LRS Site. The option may be exercised by the County giving written notice of exercise to STA within ninety(90)days after STA notifies County in writing of its intent to sell the Valley LRS Site. If the parties cannot agree on a purchase price,the purchase price (which shall be not less than the price paid by STA when it acquired the property)shall be determined by a MAI appraiser jointly selected by the parties based on the fair market value at the time of the appraisal. In the event that the parties cannot agree on a MAI appraiser,each party shall submit two(2)names of MAI appraisers. The parties,after a flip of the coin,will alternately strike names from the list until one name is left. MAI fees will be equally split between the parties.Conveyance shall be by statutory warranty deed or such other form as County may accept. Closing shall be at a mutually agreed date sufficient to afford County time to secure title insurance and funding,but no later than six(6)months from the date the County exercises its option. At the request of the County, STA agrees to consider payment of the purchase price over a reasonable time frame. In lieu of payment of money, STA may,at its sole option,consider the exchange of other real property owned by County for all or a portion of the MAI value of the Valley LRS Site. o,.d on 4753514 Page: 6 of 13 07.'25.2002 03:42P SPOKANE TRANSIT AUTHORITY REC $31.00 Spokane Co, WA 6. Closing Date. 6.1 A simultaneous closing for the Balfour Property and Indiana Avenue ROW and. McDonald Road ROW shall be on or before (P// , 2002. This date may be extended to '71' 30 , 2002, by either party if necessary to accomplish the closing and recordation. 6.2 Closing costs shall be apportioned according to custom in Spokane County. 6.3 ALTA Title insurance shall be at the sole cost of the purchaser of each property being acquired. 7. Investigation of Seiler, 7.1 Either party, at any time prior to closing, through its representatives, accountants, consulting engineers, or such other agents as it in its' sole discretion may deem appropriate, make such reasonable investigation of the properties as it deems necessary or advisable to verify and confirm the accuracy of the condition of any property covered by this Agreement. Each party grants the other, its employees, agents, representatives and contractors access to the properties and right of entry to the Premises, if any, to conduct preliminary activities incident to obtaining a building permit,conducting a survey and other preliminary engineering. 7.2. Each party hereby agrees to indemnify, defend and hold the other party harmless from all liability, cost or expense, including attorneys' or consultants'fees arising out of its' entry upon the properties in connection with the investigation or access granted herein. 8. Additional Documents. The parties will execute and deliver such additional documents as may reasonably be required to convey title,transfer interest or grant permits or leases necessary to carry out the intention of this Agreement. 9. Payment of Expense. Except as expressly required in this Agreement,each party shall pay its own expenses in connection with the authorization,preparation,execution,fees and expenses of agents,representatives,counsel,and accountants. 4753514 11 Page: 7 of 13 07:25,2002 03:42P SPOKANE 1RRNSI1 AU1HORITY PEC 31,00 Spokane Co, WA 10. Brokerage. STA represents to County,and County to STA,that no broker or other party is entitled to any broker's commission or other finder's fee with respect to the transaction contemplated hereby. 11. Notices. Any notice to be given either party hereunder shall be given in writing and shall be sufficient if sent by certified mail,return receipt requested,or by telegram confirmed by certified mail: 11,1. If to STA: Jim Plaster Spokane Transit Authority 1230 West Boone Avenue Spokane,WA 99201 With a required copy to: Thomas F.Kingen General Counsel Spokane Transit Authority 1230 West Boone Avenue Spokane,WA 99201 11.2 If to County: Francine M.Boxer,CEO W. 1116 Broadway Spokane,WA 99260 12. Governing Law. This Agreement sets forth the entire agreement and understanding of the parties and may be amended, modified,or terminated only by written consent signed by both parties. This Agreement shall be governed by the laws of the State of Washington. 13. Rights of Parties. This Agreement shall not be construed to create any right in favor of anyone,except the parties hereto. 14. Section Headings. All section headings are inserted for convenience only and shall not control or affect the meaning or construction of any of the provisions hereof. 474 II II HI II II 1 07 25;20053512 43:42P SPDXANE TRANSIT AUTHORITY REC $31,00 Spokane Co, WA 15. Successors and Assigns. Neither this Agreement,nor the duties and obligations of such,may be assigned by any party without the consent of the other party hereto. This Agreement shall be binding upon and inure to the benefit of the successors and permitted assigns of the parties hereto. 16. Interpretation. As a further condition of this agreement,STA and County acknowledge that this Agreement shall be deemed and construed to have been prepared mutually by each party and it shall be expressly agreed that any uncertainty or ambiguity existing therein shall not be construed against any party. In the event that any party shall take an action,whether judicial or otherwise,to enforce or interpret any of the terms of the Agreement,the prevailing party shall be entitled to recover from the other party all expenses which it may reasonably incur in taking such action,including attorneys'fees and costs,whether incurred in a court of law or otherwise. 17. Recording. This Agreement,or a Notice hereof,may be recorded by either party. - Remainder of page left blank intentionally - 47535910,1;113 ?age: II 07,25;2002 03:42P SPOKINE TRANSIT AUTHORITY AEC $31,00 Spokane Co. 1YA SPOKANE TRANSIT AUTHORITY SPOKANE COUNTY a Municipal C.rporation of the / State of •, gto BY: { F_ iTiA A �rOirc air6(4_,__• Chairpe Comm sion•r BY: i' \ 6 r `cl C[3 a`t Robert Allen Schweim �' v Eo, so h+. ,' ssianer Executive Director 40. �T:-44o �' �►�+ f - i 1 • • ,� ; . +0 •.I ion;. + s,� .• spa: '%� ct ATTEST: \\4...__--= A n ( t i /I BY: cBY: ! a / J I .Ii a I Ge yn erg •anie a Erickson Clerk of the Authority Clerk of the Board STATE OF WASHINGTON ) ) ss. County of Spokane ) I certify that I know or have satisfactory evidence that AMY JO SOOY,ROBERT ALLEN SCHWEIM, and GERALYN GARBERG signed this instrument,on oath stated that they are authorized to execute the instrument and acknowledged it as the Chairperson,Executive Director,and Clerk of SPOKANE TRANSIT AUTHORITY,respectively,to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument. DATED: - - / L - . NOTARY PUBLIC in and for the State of WA Residing in Spokane County, WA My Commission Expires: -2 -I C -v �p LDINNl,,,,A It STATE OF WASHINGTON ) :`p Ot % tli County of Spokane ) U }" •tiG if 8- 'iii �l = '�' 4 T Ory , 4354 • Pag75e: 101of 13 07,25 2002 03:42P SPOKANE TRANSIT AUTHORITY REG $31.04 Spokane Co, WA EXHIBIT "A" PARCEL "C" INDIANA ROAD RIGHT—OF—WAY LEGAL DESCRIPTION That portion of the Northwest quarter of the Southeast quarter and the Southwest quarter of Section 10, Township 25 North,Range 44 East,Willamette Meridian,in Spokane County, Washington, lying south of the South Line of the Union Pacific Railroad(formerly the Spokane International Railway)right-of-way and south of Tracts 8, 9,and 10 of Assessor's Plat No.6,according to Plat recorded in Volume"P" of Plats,page 14, records of Spokane County,and lying north of the North Line of Indiana Avenue,as shown per Road Plans for Sullivan Park Center, Sheet 4 of 17,and as approved by Spokane County,April 16, 1998, (#1395134)and according to a correction deed recorded under Auditor's Number 9308120420,said portion being more particularly described as follows: Beginning at the southeast corner of said Tract 10 of Assessor's Plat No. Thence south 81'19'14"east,on the North Line of Mahoney Road,according to right-of-way deed recorded under Auditor's Number 8409170347,a distance of 195.45 feet to the north right-of-way line of said Indiana Avenue; Thence south 87°22'26"west on said north right-of-way line, a distance of 137.95 feet to the beginning of a 1850.27 foot radius non-tangent curve concave to the north,the center of which bears north 2°37'34"west; Thence continuing westerly on said north right-of-way Tine on said curve,through a central angle of 11°18'11",parallel with and 37.00 feet north of the Centerline of said Indiana Avenue,an arc distance of 365.01 feet to a point of reverse curvature and the beginning of a 2872.93 foot radius curve concave to the south,the center of which bears south 8°40'37"west; Thence continuing westerly on said curve,through a central angle of 4°48'10",parallel with and 37.00 feet north of the Centerline of said Indiana Avenue,an arc distance of 240.82 feet; Thence north 0°00'00"east,a distance of 56.47 feet to the South Line of said Union Pacific Railway right-of-way; Thence north 86'11'35"east on said South Line,a distance of 4244 feet to a point on the North Line of a 30.00 foot wide strip of land being north of and adjacent to the Burlington Northern Railway (formerly the Spokane, Coeur d'Alene and Palouse Railway)right-of-way,said point being on the beginning of a 2925.00 foot radius non-tangent curve concave to the south,the center of which bears south 4°25'40"west; Thence easterly on said North Line on said curve,through a central angle of 4°15'06",an arc distance of 217.05 feet; Thence south 81°19'14: east on said North Line,a distance of 293.25 feet to the point of beginning. Containing 0.82 acres,more or less. Exhibit"A"Page 1 of 1 4753514 Page: 11 of 13 SPOiL1hjfiJI!hjLi!L!JI,Iil REG1111111 111111 11111110�?�S 2042 03;4PP $31,00 Spokane Co. WA EXHIBIT "B" PARCEL "B" MC DONALD ROAD RIGHT-OF-WAY LEGAL DESCRIPTION The West 30.00 feet of the Northwest quarter of the Southeast quarter of Section 10,Township 25 North, Range 44 East,Willamette Meridian,in Spokane County,Washington,lying south of the South Line of the Union Pacific Railroad(formerly the Spokane International Railway)right-of-way and north of the North Line of Mahoney Road,according to right-of-way deed recorded under Auditor's Number 8409170347, records of Spokane County,being more particularly described as follows: Beginning at the Southeast corner of Tract 10 of Assessor's Plat No. 6,according to Plat recorded in Volume"P"of Plats,Page 14,records of Spokane County; Thence South 81°19'14"east on the North Line of said Mahoney Road,a distance of 30.60 feet to a point 30.00 east of the West Line of the Southeast quarter of said Section 10; Thence north 2°38'34"west,30.00 feet east and parallel to said West Line,a distance of 109.07 feet to the South Line of said Union Pacific Railroad Right-of-Way; Thence south 86°11'35"west, on said South Line,a distance of 30.01 feet to the West Line of the Southeast quarter of said Section 10; Thence south 2°38'34"east on said West Line,a distance of 102.45 feet to the point of beginning. Containing 0.07 acres,more or less. Exhibit"13"Page 1 of 1 P40;5230:12-211:4132P age, 147514 2 of 13 07;2553!2002 03.42P SPOKANE TRANSIT AUTHORITY REO $31.00 Spokane Co. WA EXHIBIT "C" VALLEY LRS SITE LEGAL DESCRIPTION STANLEY &PORTER'S ADD/MANDELS 1ST ADD PTN OF BLKS 17, 23 &24 MANDEL'S 1ST ADD AND PTN OF VAC STS THEREIN AND RR RIW DAF: BEG AT INTERS N-S C/L SEC 14-25-43 WITH C/L VAC VALLEY WAY TH WLY ALG SD C/L 974FT TH NLY PARA WITH N-S C/L 100FT TO TRUE POB TH SLY PAR WITH N-S C/L 100FT TO C/L VAC VALLEY WAY TH WLY ALG SD C/L TO A PT 73.01 FT ELY OF EXTENDED WLY LN OF SD BLK 16 STANLEY& PORTER'S ADD TH S59DEG41MIN44SDSW 695.78FT ALG A LN WHICH IF EXTENDED WOULD INTERS S LN OF BLK 22 MANDEL'S 1ST ADD AT A PT WHICH IS 23.71FT WLY OF SE COR OF SD LT 9 SD BLK 22 TH S30DEG18MIN16SDSE 76.81FT TH N73DEGO9MIN2OSDSE 127.19FT TH N73DEG18MIN37SDSE 225.61 FT TH N75DEG43MIN4OSDSE 48.04FT TH N78DEG01 MIN55SDSE 42.52FT TH N8ODEG33M1N12SDSE 54.86FT TH N89DEG34MIN49SDSE 655.68FT TH N86DEG55MIN23SDSE 43.64FT TH N82DEG58MIN46SDSE 115.93FT TH N81DEG24MINO9SDSE 89.03FT TH N78DEG23M1NOOSDSE 77.12FT TH N73DEG20M1N41 SDSE 49.03FT TH N70DEGO 1 MIN57SDSE 83.45FT TH N7ODEGOOMIN52SDSE TO A PT ON WLY RIW CARNAHAN ST TH NLY ALG SD R/W TO APT WHICH IS 944FT ELY OF THE TRUE POB TH WLY PARA WITH C/L VAC VALLEY WAY 944FT TO TRUE POB TOGETHER WITH FTN OF VAC CARNAHAN ST LYG BETWN FOLG DESC PTS: BEG AT A PT 1262FT S OF CTR OF SD SEC 14 TH S 100FT MIL TO A PT ON C/L OF VAC VALLEY WAY EXTENDED (ALSO KNOWN AS PARCEL "B" R.O.S. BK 85 PG 63&64) 11111111 111 011 4753514 Pae 1 13 07;252402of 03,42P SPOKANE TRANSIT AUTHORITY RPG $31,04 Spokane Co, WA EXHIBIT "D" BALFOUR PROPERTY LEGAL DESCRIPTION The West Half of the West Half of the Southeast Quarter of the Southeast Quarter of Section 17,Township 25 North, Range 44 EWM, Spokane County, Washington, EXCEPT the South 243.77 feet, and EXCEPT roads. • After Recording Return To: K&L Gates LLP 618 W, Riverside, Ste. 300 Spokane, Washington, 99201 Attn: Laura D. McAloon QUIT CLAIM DEED Grantor: Spokane Transit Authority, a municipal corporation Grantee: City of Spokane Valley, a municipal corporation Legal Description: See attached Exhibit"A" Assessor's Tax Parcel ID#: 45174.9031 THE GRANTOR, Spokane Transit Authority for and in consideration of Zero Dollars ($0.00), conveys and quit claims to the City of Spokane Valley, the following described real estate, situated in the County of Spokane, State of Washington, together with all after acquired title of the grantor(s) therein: See Exhibit A attached hereto and incorporated herein by this reference. DatecClhV 1 , 2012. Spokane Transit Authority Byi A E. Susan Meyer, Chief Executti�)e Officer -1- K:11724186100003417035_LDMR17035b200P=Quit Claim Deed•Balfour Perk.doc STATE OF WASHINGTON ) )ss. COUNTY OF SPOKANE ) I certify that I know or have satisfactory evidence that E. Susan Meyer is the person who appeared before me, and said person acknowledged that she signed this instrument, on oath stated that she was authorized to execute the instrument and acknowledged it as the Chief Executive Officer of Spokane Transit Authority to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument. • Dated: V\ave,h 20 20\2 .. ��Fj,f.r/ 4.;. i, t ��_ Notary Public r:11111111 t1+y� • Te.oss1O N F� � Print Name 1`1 rr+u, !7 \A,\\<,,,1 �� A'' My commission expires 1 12'-1 t2 61...* • N•;• PUBL1�' ` A • 0• , \Q} h�t11 ▪ OF W A5`�` I tll (Use this space for notarial statnp/seal) • • -2- K:1172118600003 2- K:11721186500003517O35_LDM117O3 O20QP=Quit Claim Dmd-Balfour Park.doc EXHIBIT A Legal Description THE WEST HALF OF THE WEST HALF OF THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER, OF SECTION 17, TOWNSHIP 25 NORTH, RANGE 44 WEST, W.M., IN CITY OF SPOKANE VALLEY, SPOKANE COUNTY,WASHINGTON. EXCEPT THEREFROM THE SOUTH 243.77 FEET THEREOF, AND EXCEPT THE NORTH 20 FEET FOR MAIN STREET. CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: April 10, 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: Potential Sprague Property Conceptual Plans GOVERNING LEGISLATION: N/A PREVIOUS COUNCIL ACTION TAKEN: Council received an overview of the Library Facilities Master Plan from Tim Hattenburg, Chairman, Spokane County Library Board at the January 10, 2012 Council Meeting. The basic terms of joint development of the property were discussed at the Council Retreat on February 7, 2012. BACKGROUND: The Library Facilities Master Plan has identified the need to replace the existing Spokane Valley Library. The Spokane County Library District (SCLD) has narrowed the potential number of locations to four with the top choice being 8+ acres currently listed for sale at Sprague and Herald. The property is owned by the Pring Corporation. The SCLD is unable to purchase the entire 8+ acres and they have proposed that the City of Spokane Valley and the SCLD discuss a joint purchase with the City utilizing a portion of the site for a City park. At the January 10 Council meeting, Council expressed interest in staff gathering information and starting a di alogue with SCLD about this potential joint purchase and coming back to Council to discuss. The Parks and Recreation Department has been as ked to review the potential of the site and develop conceptual plans that focus on two options. The first is utilizing the site as a joint library/park site and the second is utilizing the entire site as a park. The concept plans are intended to show the potential and flexibility of the site for development as a joint library/park site. OPTIONS: Provide additional direction to staff RECOMMENDED ACTION OR MOTION: Discussion Only BUDGET/FINANCIAL IMPACTS: N/A STAFF CONTACT: Michael D. Stone, Director of Parks and Recreation ATTACHMENTS: PowerPoint Presentation w z wO eels . I p� z Z2 g gQ >-ILI< 4.1 II X H W P.4 z r W Q H � � � U o < 4-1 121- 0 u- U o w0 1- 4-1 774 r4 a... b S _ ,..„........e...•,, . ,. 1 ,40,,„_:‘ , ., it , . ,, .% ,ii. ,., ,,,,,....„_ -p- , _ ha Zs';. moi ' 0 !.., , ti 1 1 =' -' = " 0 i 4Y Z 111 0 - .,CL p. '7 — i 'ab dfO 1Va N ,'le;1 _ -.01 ; h` ! zr1 4161 i ,. —,•fid ". Z . , ''' i#. 0 - . . :,,,1" 11 I Q a -. U Z O / LU , aA%' W F Y fit. 1 IrP =�YY�� J re .1 Ce W., . s ars CL 4 rti W R 4`i ;'Zi, W As f;-. r . ^ I ( • i 'b 'A 1i . ,.••. • n fw . 1.I. 1 u 'ail alVb3H N a■ i ae>. 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D It ; 11011, 14 ,., iiiiiiiiak, „gril: " . 01P C)/4 ., w1 LI] L r 11 Z r.- co Ou / Oo 3 V O z COill P Q 1 4 -11114 6 4 a) LL3 0 illift OW � � I , , •- N F 0 Y11) al 1 11110- x , e u 0_ 4- .., g2 0 A .. ir 0 _ ...,.._ . • " 11,0 ''''; ''''':_/'-'\11k e ,,,, ___ ,_ .. „----- 4_, 7 ) - ,„ ,,, Vag, 1 0_ 0.0 .� 1 014, ___ _ _ . . .,,iic:ili ,.:14pa PI 1 . . . 13,d r A� � � 11 e It _mss t . t t t 4. CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: April 10, 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: Potential Sprague Property Purchase: Memorandum of Understanding Regarding Allocation of Traffic Study Costs Related to the Park Property Acquisition between the City and Spokane County Library District. GOVERNING LEGISLATION: PREVIOUS COUNCIL ACTION TAKEN: Several discussions with Council about the potential purchase of vacant land currently owned by Pring Corporation. BACKGROUND: The Library District (the District) requested that the City, in conjunction with the District, consider purchasing vacant property along Sprague Avenue for location of a new Library and City park. As the City contemplates this request, City staff has identified that a traffic study should be performed analyzing the anticipated impacts of the proposed development. This would allow the parties to determine what the likely frontage and other infrastructure costs of development would be. Neither the City nor the District want to commit to a project of this scope without having a reasonably good idea of the costs. City staff drafted a proposed memorandum of understanding (MOU) whereby the parties agreed to split the cost of the traffic analysis, with a cap of $16,000. The work is being performed by contract with an outside traffic engineering consultant. The MOU has as an attachment the draft proposed interlocal agreement between the District and the City. The proposed interlocal agreement may be presented at a later date, depending on the outcome of the traffic analysis. If the project costs as identified by the traffic analysis are acceptable to both parties, then staff for both entities would present the proposed interlocal agreement for consideration by their respective legislative bodies. OPTIONS: (1) authorize staff to bring the MOU forward as proposed, for council approval; (2) request changes to the proposed MOU; (3) do not authorize staff to move forward with the proposed MOU. RECOMMENDED ACTION OR MOTION: Consensus to move forward to motion consideration. BUDGET/FINANCIAL IMPACTS: Up to $8,000. STAFF CONTACT: Cary Driskell, City Attorney; Mike Jackson, City Manager ATTACHMENTS: Proposed MOU with attached proposed interlocal agreement Discussion Draft 03/30/12 INTERLOCAL AGREEMENT FOR ACQUISITION OF REAL ESTATE This Agreement is made by and between the CITY OF SPOKANE VALLEY ("City") and the SPOKANE COUNTY LIBRARY DISTRICT, a Washington municipal corporation ("Library District") collectively referred to herein as the "Parties", based upon the following Recitals. The Agreement shall become effective as of the date the last Party hereto executes this Agreement. RECITALS A. WHEREAS, the Parties each have need of acquiring real property in furtherance of their respective public purposes; and B. WHEREAS, four contiguous parcels of real property comprising approximately 8.4 acres located on the corner of Sprague and Herald within the City and legally described on the attached Exhibit "A", (the "Property") have been identified by the Parties as appropriate to their needs. The Spokane County parcel numbers are 45174.9053, 45174.9054, 45174.9055, a nd 45174.9056; and C. WHEREAS, City anticipates entering into negotiations with the owner of the Property, Pring Corporation ("Pring"), whereby the City would purchase the Property from Pring; and D. WHEREAS, the Library District for its purposes needs between two and one-half and three and one-half acres of the Property while the City needs the balance; and E. WHEREAS, the Parties hereto wish to enter into this Agreement for the purpose of agreeing to jointly develop the Property and to provide for dividing the Property between the City and the Library District at a later date such that the interests of both Parties will be served; and Interlocal Agreement for Acquisition of Real Estate Page 1 of 10 Discussion Draft 03/30/12 F. WHEREAS, pursuant to RCW 36.34.340, the City is authorized to acquire by purchase title to real property for park and recreational purposes; and G. WHEREAS, RCW 39.33.010 authorizes governmental entities to transfer real property between themselves as set forth in RCW 39.33.020, and H. WHEREAS, RCW 39.34.030(1) provides that any power or authority capable of being exercised by a public agency of this state may be exercised jointly with any other public agency of this state. NOW THEREFORE, based upon t he foregoing recitals, and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the Parties hereto agree as follows: 1. Joint Board. No joint board or agency shall be created as a result of this interlocal agreement between the Parties. Any action taken pursuant to the terms of this agreement must be separately approved by the governing boards of each Party. 2. Purchase of Property. The City will negotiate in good faith with Pring regarding a Real Estate Purchase and Sale Agreement (the "Purchase and Sale Agreement") for the purchase of the Property. 3. Purchase Price. The Library District, contemporaneous with the Closing between the City and Pring, and subject to mutual agreement on the price paid by the City to Pring, shall pay to the City an amount equal to the per square foot Purchase Price of the Property based upon the total number of square feet of the Property determined by the survey times two and one-half acres (108,900 sq. ft.) together with the same proportionate share of any survey, title, recording, Interlocal Agreement for Acquisition of Real Estate Page 2 of 10 Discussion Draft 03/30/12 closing, and phase I environmental audit costs. Any appraisal fees shall be paid entirely by the City. 4. Title. T he Parties agree that the Purchase and Sale Agreement shall reflect that the Purchase Price at Closing shall be paid in cash and that title to the Property shall be taken in the name of the City, subject to the contract right of ownership by the Library District of at least 2.5 acres, as identified in this Agreement. This contract right of ownership is enforceable in an action for specific performance. 5. Closing. Closing of the transaction to purchase the Property shall occur on or before a date mutually acceptable to the City and Pring. 6. Joint Site Development Plan. Within one year following the Closing, the Parties shall work together to draft and finalize a Joint Site Development Plan with the goal of agreeing, among other things, on how much of the Property the Library District will require for its purposes, and location of the same. The Parties intend that the Joint Site Development Plan shall include building footprints, parking, curb cuts, sidewalks, storm water management, access including reciprocal access and parking easements if any, and any other matters that the Parties deem desirable to be included as part of such Joint Site Development Plan. The Library District anticipates that its needs will include the following: A. 50,000 square foot building on two floors, not necessarily of equal size. B. Consistent with a 2007 pre-design document, "The exterior building image should provide a sense that this building is a library and an important civic and community Interlocal Agreement for Acquisition of Real Estate Page 3 of 10 Discussion Draft 03/30/12 building. This can be accomplished by using timeless, quality materials like brick, stone, concrete and composite metal panels to name a few." C. Site Requirements: • Building footprint possibly up to 30,000 square feet. • Drive-through materials pick-up and return requires vehicular access along one side of the building. • Vehicular access required for rear service entrance. • Appropriate parking to meet the City's code minimum requirements for a public library, 200 s eat auditorium with fixed seating, and 100 s eat meeting room. • Require frontage on or clear visibility from Sprague Avenue but not from behind a parking lot. • At least one side of library building adjacent and open to landscaped park area. The City anticipates that its needs will include the following: A. Park land for neighborhood park B. Due to civic nature of site, shared hardscape such as walkways and plaza anticipated C. Typical park amenities • library parking • reading garden • public market space • civic plaza and fountain • flag display/Veteran's memorial • small picnic shelter • large shelter • performance/gathering place • seasonal café place Interlocal Agreement for Acquisition of Real Estate Page 4 of 10 Discussion Draft 03/30/12 • open field • walking loop/trail • art/sculpture walk D. Site requirement considerations: • Public access to library restrooms during park hours • Park frontage on Sprague • Off-street parking for park users (shared parking with library) Fundamental to the understanding between the Parties hereto is that as of the date hereof, neither Party is in a position to know precisely how the Property should be divided such that the resulting two parcels will maximize the use and benefit to each Party of the Property for the Parties' respective needs to the extent allowed by law. To that end, the Parties agree that as of the date hereof, the diagram depicted on Exhibit "B" attached hereto represents the current estimate of the Parties as to the division of the Property, recognizing that the number of square of feet and the precise location of the boundary line to be created cannot be known until completion of the Joint Site Development Plan. The Parties therefore agree to cooperate in good faith with each other to arrive at a mutually satisfactory arrangement reflected in the Joint Site Development Plan. Any engineering or other consulting fees incurred in this process shall be split equally. Allocation of costs for a traffic study that addresses impacts of anticipated development shall be the subject of a separate Memorandum of Understanding between the Parties. Allocation of costs for any right-of-way improvements or other site-wide development costs shall be determined as part of the Joint Site Development Plan, which the Parties will negotiate in good faith. 7. Property Adjustment. If, as a result of the Joint Site Development Plan process the Library District determines that it needs more than 2.5 acres, then the City agrees that it will sell Interlocal Agreement for Acquisition of Real Estate Page 5 of 10 Discussion Draft 03/30/12 to the Library District at the original per square foot Purchase Price up to one additional acre of the Property. Payment to the City by the Library District of any additional property in excess of the original 2.5 acres shall be made on or before recording of the Deed described in Section 8 below. Any costs incurred for the boundary line adjustment process, and any surveying fees and fees for preparation and recording of the Deed shall be paid for by the Library District. Any legal fees incurred by the Parties shall be the separate responsibility of each. 8. Deed to Library District. Within 30 da ys after completion of the Joint Site Development Plan, the Parties will cooperate to initiate the process to adjust the boundary line as agreed in the Joint Site Development Plan through a boundary line adjustment. Within 10 days of the completion of the boundary line adjustment, the City will convey to the Library District by deed that portion of the Property designated for the Library District on the Joint Site Development Plan to the Library District. 9. Failure of Joint Site Development Plan. In the event that, despite their good faith best efforts, the Parties are unable to agree on a Joint Site Development Plan as described above, and absent an agreement between the Parties to extend the deadline for developing such Joint Site Development Plan, then City shall, within 60 days after the final deadline for developing the Joint Site Development Plan, reimburse the Library District the full amount of that portion of the Purchase Price together with the pro-rata share of any survey, title, recording closing, and phase I environmental audit costs paid by the Library District. 10. Re-Purchase by City. In order to construct a library building and ancillary improvements on the portion of the Property acquired by the Library District, it is anticipated that the Library District will need to secure voter approval of a District-wide bond levy covering Interlocal Agreement for Acquisition of Real Estate Page 6 of 10 Discussion Draft 03/30/12 this and other projects. Without voter approval of such bond, the Library District will not be in a position to develop its portion of the Property. T he Parties agree that in the event that the Library District has not, within five years following the Closing, secured voter approval of a construction bond for the library building and ancillary improvements in such amount as shall be determined necessary by the Library District, that thereafter the Library District shall reconvey all of the Property back to the City at the same price paid by the Library District to the City. Such payment shall be paid all in cash. The Library District, in such event, shall convey title to the City with the same type of instrument as it received the Property from the City. 11. Maintenance Costs. The City agrees to maintain the Property, including that portion deeded to the Library District, until such time as the Library District shall begin development of its property. M aintenance is anticipated to include weed control and trash removal, and the Library District agrees to reimburse the City on an annual basis its proportionate share of such costs. 12. Use of Property. The City agrees that its portion of the Property will be dedicated to public use and will not be sold to any third party. The Library District agrees that its portion of the Property will be developed into a public library facility provided that funding for such project is secured as provided above in Section 10. 13. Binding Effect. This Agreement shall be binding upon and inure to the benefit of the Parties hereto and their respective heirs, personal representatives, legal representative, agents, attorneys, successors and assigns. 14. Entire Agreement. T his Agreement is the sole and entire agreement between the Parties, and there is no other agreement, either oral or in writing, which modifies the terms of Interlocal Agreement for Acquisition of Real Estate Page 7 of 10 Discussion Draft 03/30/12 this Agreement. No statement, promises, or inducements made by either Party or any agent of either Party that is not contained in this written Agreement shall be valid or binding. Any enlargement, modification or alteration of this Agreement is binding only if executed in writing and signed by all Parties hereto. 15. Attorneys' Fees. In any action to enforce this Agreement, the prevailing Party shall be entitled to recover expenses, including reasonable attorneys' fees, at all trial and appellate levels, including any bankruptcy proceedings. 16. Venue. T his Agreement is entered into in the State of Washington and venue of any action shall be the Superior Court for Spokane County. 17. Notices. All notices, demands or other communications which are required or permitted to be given under this Agreement shall be in writing, and either personally delivered or mailed to the other Party at the address set forth below its signature on this Agreement, or at such other addresses as either party may give to the other by notice in writing pursuant to the terms of this paragraph. 18. Waiver. W aiver by either Party of any covenant, condition or provision of this Agreement shall not operate as or be considered to be a waiver by such Party of any other covenant, condition or provision hereof, or of any subsequent breach of either Party. 19. Additional Acts. The Parties each hereby agree to perform, execute and/or deliver or cause to be performed, executed and/or delivered, any and all such further acts, documents and assurances as may be reasonably required to consummate the transaction contemplated hereby. Interlocal Agreement for Acquisition of Real Estate Page 8 of 10 Discussion Draft 03/30/12 20. Recording of Agreement. Pursuant to the provisions of RCW 39.34.040, this Interlocal Agreement shall be filed with the office of the Spokane County Auditor. 21. Negotiation and Construction. This Agreement, and each of the terms and provisions hereof, are deemed to have been explicitly negotiated between the Parties, and the language in all parts of this Agreement shall, in all cases, be construed according to its fair meaning and not strictly for or against either Party. 22. Representation of Authority. Each person who executes this Agreement represents and warrants to the Parties that he or she has the authority to do so. SPOKANE COUNTY LIBRARY DISTRICT CITY OF SPOKANE VALLEY By: By: Print Name: Print Name: Title: Title: Address: Address: Dated: Dated: Interlocal Agreement for Acquisition of Real Estate Page 9 of 10 Discussion Draft 03/30/12 STATE OF WASHINGTON ) : ss. County of Spokane ) I certify that I know or have satisfactory evidence that is the person who appeared before me, and said person acknowledged that he signed this instrument, on oath stated that he is authorized to execute the instrument and acknowledge it as the of the SPOKANE COUNTY LIBRARY DISTRICT to be the free and voluntary act of such party for the uses and purposes mentioned in this instrument. Dated: , 2012 Printed Name: Notary Public in and for the State of Washington Residing at: My appointment expires: STATE OF WASHINGTON ) : ss. County of Spokane ) I certify that I know or have satisfactory evidence that Mike Jackson is the person who appeared before me, and said person acknowledged that he signed this instrument, on oath stated that he is authorized to execute the instrument and acknowledge it as the City Manager of the CITY OF SPOKANE VALLEY to be the free and voluntary act of such party for the uses and purposes mentioned in this instrument. Dated: , 2012 Printed Name: Notary Public in and for the State of Washington Residing at: My appointment expires: Interlocal Agreement for Acquisition of Real Estate Page 10 of 10 DRAFT MEMORANDUM OF UNDERSTANDING REGARDING ALLOCATION OF TRAFFIC STUDY COSTS RELATED TO PARK PROPERTY ACQUISITION BY CITY This Memorandum of Understanding (MOU)is made between the CITY OF SPOKANE VALLEY, a Washington municipal corporation ("City") and the SPOKANE COUNTY LIBRARY DISTRICT, a Washington municipal corporation ("Library District") collectively referred to herein as the "Parties." The Agreement shall become effective as of the date the last Party hereto executes this Agreement. The City anticipates negotiating for the purchase of four contiguous parcels, comprising approximately 8.4 acres (the Property), from the current owner for public purposes. The Spokane County parcel numbers are 45174.9053, 45174.9054, 45174.9055, and 45174.9056. The City further anticipates selling a portion of the Property, currently estimated at between 2.5 and 3.5 acres, to the Library District for locating a new library facility. In anticipation of the projected development needs of the Parties on the Property, the Parties agree that a traffic analysis should be completed which identifies likely right-of-way improvements or other site-wide development costs. The cost of the traffic analysis shall be split equally between the Parties, provided that the total cost does not exceed$16,000, with payment due by the Library District to the City within 30 days of request for payment. Memorandum of Understanding for allocation of costs for traffic study related to park property acquisition by the City Page 1 DRAFT Allocation of costs for any right-of-way improvements or other site-wide development costs shall be determined as part of the Joint Site Development Plan, as set forth in the draft Interlocal Agreement for Acquisition of Real Estate dated March 30, 2012, attached hereto for reference. SPOKANE COUNTY LIBRARY DISTRICT CITY OF SPOKANE VALLEY By: By: Print Name: Print Name: Title: Title: Address: Address: Dated: Dated: Memorandum of Understanding for allocation of costs for traffic study related to park property acquisition by the City Page 2 DRAFT STATE OF WASHINGTON ) : ss. County of Spokane ) I certify that I know or have satisfactory evidence that is the person who appeared before me, and said person acknowledged that he signed this instrument, on oath stated that he is authorized to execute the instrument and acknowledge it as the of the SPOKANE COUNTY LIBRARY DISTRICT to be the free and voluntary act of such party for the uses and purposes mentioned in this instrument. Dated: , 2012 Printed Name: Notary Public in and for the State of Washington Residing at: My appointment expires: STATE OF WASHINGTON ) : ss. County of Spokane ) I certify that I know or have satisfactory evidence that Mike Jackson is the person who appeared before me, and said person acknowledged that he signed this instrument, on oath stated that he is authorized to execute the instrument and acknowledge it as the City Manager of the CITY OF SPOKANE VALLEY to be the free and voluntary act of such party for the uses and purposes mentioned in this instrument. Dated: , 2012 Printed Name: Notary Public in and for the State of Washington Residing at: My appointment expires: Memorandum of Understanding for allocation of costs for traffic study related to park property acquisition by the City Page 3 CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: April 10, 2012 City Manager Sign-off: Item: Check all that apply: ❑ consent ❑ old business ❑ new business ❑ public hearing ❑ information ® admin.report ❑ pending legislation AGENDA ITEM TITLE: Crime Prevention, Law Enforcement Update GOVERNING LEGISLATION: PREVIOUS COUNCIL ACTION TAKEN: Informational BACKGROUND: Chief VanLeuven will provide a quarterly review of SVPD monthly reports, and Deputy Greg Snyder will give an overview of the crime prevention services he provides to the citizens of Spokane Valley along with some crime prevention tips. OPTIONS: RECOMMENDED ACTION OR MOTION: BUDGET/FINANCIAL IMPACTS: None STAFF CONTACT: Chief Rick VanLeuven ATTACHMENTS Crime Prevention Topics oLle SPOKANE VALLEY POLICE DEPARTMENT CRIME PREVENTION UNIT The City of Spokane Valley Police Crime Prevention Unit is committed to providing education that is designed to empower citizens to both help deter criminal activity and enhance public and personal safety. The following are a few examples of educational topics/programs provided by the unit— 1. NEIGHBORHOOD WATCH 2. MAP YOUR NEIGHBORHOOD DISASTER PREPARDNESS 3. HOME AND BUSINESS SECURITY SURVEYS 4. SAFE STREETS/NUISANCE ABATEMENT EDUCATION 5. CRIME FREE MULIT-HOUSING 6. FRAUD & IDENTITY THEFT PREVENTION 7. INVESTMENT FRAUD PREVENTION & EDUCATION 8. PERSONAL SAFETY 9. INTERNET SAFETY 10. MCGRUFF THE CRIME DOG PROGRAM AND CHILD SAFETY EDUCATION 11. FIREARMS SAFETY 12. ROBBERY PREVENTION AND PROCEDURES 13. RETAIL THEFT PREVENTION 14. DRUG AWARENESS 15. TERRORISM AWARENESS AND DOMESTIC PREPAREDNESS 16. WORKPLACE VIOLENCE PREVENTION/DEALING WITH HOSTILE INDIVIDUALS 17. EMERGANCY RESPONSE PROCEDURES (EVACUATION VS. SHELTER-IN-PLACE) 18. PUBLIC SPEAKING 19. SARA PROBLEM SOLVING DRAFT ADVANCE AGENDA For Planning Discussion Purposes Only as of April 4,2012; 11:30 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 Wednesday, April 11, 2012, 6:30—8:00 p.m. STATE OF THE CITY ADDRESS Hope Lutheran Church, 17909 E.Broadway Avenue April 17,2012, Study Session Format, 6:00 p.m. [due Mon,April 9] 1.HUB Update—Phil Champlin (15 minutes) 2. Economic Development Ad Hoc Committee—Mayor Towey,John Hohman (15 minutes) 3. Potential Sprague Property Purchase—Cary Driskell,Mike Jackson (20 minutes) 4. Review of Six Year TIP(2013-2018)—Steve Worley (20 minutes) 5. Review of Safe Routes to School Projects,local match—Steve Worley (15 minutes) 6.Animal Control Update—Morgan Koudelka (20 minutes) 7. Solid Waste Review—Deputy Mayor Schimmels,Mike Jackson (15 minutes) 8.Advance Agenda (5 minutes) 9. Info Only: Graffiti update [*estimated meeting: 125 minutes] Wednesday, April 18, 2012, 6:30 p.m. —8:00 p.m. STATE OF THE CITY ADDRESS Seth Woodard Elementary,7401 E.Mission Avenue CONFIRMED:April 19,2012, 8:30 a.m. —11:30 a.m. Joint Meeting with City of Spokane Council&Mayor Held in Spokane Valley City Council Chambers. Tentative topics include Regional Animal Control, Solid Waste, Transportation Benefit District; other items of mutual concern 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.Mayoral Appointments: Economic Development Ad Hoc Committee—Mayor Towey (15 minutes) 4.Admin Report: Comp Plan Amendments for 2012—Mike Basinger (30 minutes) 5.Admin Report: Pedestrian and Bicycle Program—Steve Worley (15 minutes) 6. Info Only: (a)Department Reports;(b)JAG Grant [*estimated meeting: 80 minutes] Wednesday, April 25, 2012, 12:30 p.m. —1:30 p.m.Final STATE OF THE CITY ADDRESS Spokane Valley Mall,2nd Floor Community Room; 14700 E. Indiana Avenue May 1,2012, Study Session Format,6:00 p.m. [due Mon,April 23] 1.JAG Grant—Morgan Koudelka (15 minutes) 2. Draft 2013-2018 Six-Year TIP—Steve Worley (20 minutes) 3. Revisions to Title 24 Building Code —Doug Powell,John Hohman (20 minutes) 4.Housing: Senior,Aggregate,etc.—Scott Kuhta (20 minutes) 5.Advance Agenda (5 minutes) [*estimated meeting: 80 minutes] Draft Advance Agenda 4/5/2012 2:02:11 PM Page 1 of 2 May 8, 2012,Formal Meeting Format,6:00 p.m. [due Mon,April 30] 1. Consent Agenda(claims,payroll,minutes) (5 minutes) 2.First Reading Proposed Ordinance Amending Comp Plan—Mike Basinger (30 minutes) 3.Motion Consideration: JAG Grant—Morgan Koudelka (5 minutes) [*estimated meeting: minutes] May 15, 2012, Study Session Format,6:00 p.m. [due Mon, May 7] 1. Shoreline Master Program (SMP) Goals and Policies—Lori Barlow (30 minutes) 2.Advance Agenda (5 minutes) [*estimated meeting: 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. Second Reading Comp Plan Amendments—Mike Basinger (20 minutes) 4. Proposed Resolution Accepting SMP Goals and Policies—Lori Barlow (10 minutes) 5. Info Only: Department Reports [*estimated meeting: minutes] 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) June 19 22, 2012:Association of Washington Cities Annual Conference, Vancouver, Wa. June 19,2012, Study Session Format, 6:00 p.m. (possible no meeting) [due Mon,June 11] 1.Advance Agenda June 26,2012,Formal Meeting Format,6:00 p.m. [due Mon,June 18] 1. Consent Agenda(claims,payroll,minutes) 2. Info Only: Department Reports OTHER PENDING AND/OR UPCOMING ISSUES/MEETINGS: ADA Transition Plan Manufactured Homes Bidding Contracts(SVMC 3.—bidding exceptions) Museum, SV Heritage History Centennial Trail Agreement Prosecution Services Contracts,Annual Renewals,histories,etc. Revenue Policy, Cost Recovery Emergency Management Contract Sidewalks Gateway Signs Speed Limits(overall system) Graffiti, Code Enforcement,etc. Sprague Appleway Corridor Environ.Assessment Investment Accounts Lodging Tax, Sunset Clause (by Sept 1) *time for public or council comments not included Draft Advance Agenda 4/5/2012 2:02:11 PM Page 2 of 2 Sp""okane Valley 11707 E Sprague Ave Suite 106 • Spokane Valley WA 99206 509.921.1000 ♦ Fax: 509.921.1008 ♦ cityhall®spokanevalley.org Memorandum To: Mike Jackson, City Manager From: Mark Calhoun, Finance Director Date: March 26, 2012 Re Finance Department Activity Report Lodging Tax Advisory Committee and Awards of Funding Requests in the 2012 Budget At the conclusion of Round #1 of this process the City Council, at its November 29th meeting awarded $261,500 of the City's 2% hotel/motel tax including $42,600 to the HUB, $185,000 to the Sports Commission, $3,900 to the Museum and $30,000 for CenterPlace advertising. Additionally, the Council approved a second round of funding requests. The calendar related to the second round is as follows: • 1/6/2012 —Applications due in the Finance Department by 4pm. • 1/13/2012 —Application packages mailed to LTAC members. • 2/2/2012 —Applicant presentations were made to the LTAC. • 2/28/2012 —Administrative report was presented at the City Council meeting. • 3/27/2012 — City Council will consider a motion to award the remaining lodging tax proceeds (RCW 67.28.1817 stipulates that at least 45 days must lapse between the LTAC meeting and when the Council takes final action on their recommendation. A total of 54 days lapse between February 2 and March 27). 2011 Yearend Process The 2011 books were closed March 23, 2012. The general accounting work required to accomplish this included determining that revenue and expenditure activity was posted to the correct year and accounts, analyzing account balances and preparing closing entries. Yet to be completed is the preparation of the annual financial report (which is underway) and undergoing the annual audit which we anticipate will begin sometime in June 2012. 2012 Set-up and Budget Reports • By this time the 2012 Budget (and subsequent amendment) have been posted to the Eden accounting software. • All payroll updates including changes in wages, taxes and insurance have been complete. • We will begin preparing 2012 monthly budget reports in April and the first will reflect activity through the March. 2013 Budget Development Process Some preliminary work on the 2013 Budget is underway and by early April we will e-mail City Departments budget worksheets, This will lead to the Council's first discussion on the 2012 Budget that will be one of the topics discussed at the June 12, 2012 retreat. \\SV-FS21UserslmcalhounTinance Activity Reports1201112011 12 final.docx Page 1 Financial Reports (pages 5 — 12) Reports reflecting preliminary / unaudited 2011 budget to actual comparison of revenues and expenditures at December 31, 2011 are included on pages 4 and 5. At this point although it is possible there may be further adjustments due to late arriving invoices from 2011, we anticipate no material changes to the figures included herein. General Fund #001 (page 5) Recurring revenues were 0.13% ($44,951) less than anticipated. Notable variances include: • Property tax collections were $193,380 (1.78%) less than budgeted. • Sales tax revenues were $640,409 (4.51%) greater than budgeted. • Criminal justice sales tax revenues were $66,819 (5.57%) greater than budgeted. • Public safety sales tax revenues were $65,781 (8,33%) less than budgeted. o Total sales tax receipts (page 8) received by the City, including general sales taxes, criminal justice sales taxes and public safety sales taxes are $16.84 million or 4.89% greater than for 2010 receipts. You'll note that receipts for the months of May, June and July are up significantly over those of the previous year. The increase for this three- month period is likely due to a Department of Revenue tax amnesty program that was in place for the three-month period ending April 30, 2011, in which nearly 8,900 business (state-wide) paid $320.7 million in state and local back taxes, Of the total, $56.8 million is local tax that has been forwarded to counties and cities beginning with the May 2011 sales tax distribution and concluding with the July 2011 distribution. We currently have no way of knowing to what extent our May through July remittances have been influenced by the amnesty distribution as the State has provided no such information. Noteworthy is that remittances in each month of August through January (representing July through December collections) averaged $76,593.83 or 5.05% greater than those for the same six months last year. Because these receipts fall outside the aforementioned amnesty program this suggests the increase in the second half of 2011 is a reflection of an improved business/sales climate. One final comment regarding sales taxes is that the figure reported in October 2011 included an adjustment related to an overpayment of approximately 3.80,/c that was made by the Department of Revenue in our July 2011 receipt. The unusual activity by the Department of Revenue in 2011 including the 3-month amnesty program during the period May through July, the error in July, and the correction in November make a month to month comparison from 2010 to 2011 virtually impossible. By the same token, the activity in 2011 will make monthly comparisons in 2012 equally difficult. • Gambling and leasehold excise tax revenues were $70,523 (11.75%) less than budgeted. • Franchise fees l Business license revenue was $129,413 (10.26%) less than budgeted. • State shared revenues were $372,163 (21.95%) greater than budgeted. • Planning and building fees were $208,731 (13.05%) less than budgeted. • Fines and forfeits were $379,121 (21.06%) less than budgeted. Recurring expenditures were 4.81% ($1,458,715) less than anticipated which is a reflection of most departments finishing the year under budget. - 11SV-FS2lUserslmcalhoun\Finance Activity Reports1201112011 12 final.docx Page 2 Non-recurring revenues were 47.41% ($948,270) less than anticipated. This is entirely due to the fact that actual transfers from Fund #310 for the full paveback program were significantly less than anticipated when the 2011 Budget was adopted. Non-recurring expenditures were 36.39% ($1,029,962) less than anticipated. This is due to the fact that: • Actual transfers to Fund #303 for the full paveback program were $948,270 less than anticipated when the 2011 Budget was adopted. • Only $64,308 of the $146,000 budgeted for the Paladin Smart Gov building permit software was expended. The balance of$81,692 that is unspent at the end of 2011 is the result of a timing issue related to when the software was actually set-up. The remaining balance of $81,692 will be expended in 2012. Reserve/Fund Balance The fund balance at 12/31/2011 was anticipated to be $26,633,061 but actually finished the year at $28,128,517. The difference of$1,495,456 is largely a result of 2011 recurring expenditures being so much less than budgeted. Included in the $28,128,517 fund balance is $83,315 of PEG money that is remitted by Comcast and reserved for public access television and education. The remaining fund balance of $28,045,202 is unreserved and available for general appropriation. Economic Indicators Pages 9 through 11 provide information pertaining to three different sources of tax revenue that provide a good indicator of the health and direction of the overall economy. 1. Sales taxes (page 9) provide a sense of how much individuals and businesses are spending on the purchase of goods. 2. Hotel / Motel taxes (page 10) provide us with a sense of overnight stays and visits to our area by tourists or business travelers. 3. Real Estate Excise taxes (page 11) provide us with a sense of real estate sales, Page 9 provides a monthly history of general sales tax receipts (not including public safety or criminal justice) beginning with the first remittance received in May 2003. • Compared with calendar year 2010 collections, 2011 collections increased by $753,110 or 5.34%. • Tax receipts peaked in 2007 at $17.4 million and dropped off dramatically in the subsequent three years. • To get a more accurate sense of the damage to the economy over the past few years, one must look back as far as 2005 to find sales tax receipts that are similar to 2011. Page 10 provides a monthly history of hotel/motel tax receipts beginning with the first remittance in May 2003. • Compared with calendar year 2010 collections, 2011 collections increased by $9,058 or 2,02%. • Collections peaked in 2007 and 2008 and dropped off in the subsequent three-years but not as significantly as sales taxes. Page 11 provides a monthly history of real estate excise tax receipts beginning with the first remittance in March 2003. • Compared with calendar year 2010 collections, 2011 collections decreased by $11,193 or 1.15%. • Tax receipts peaked in 2007 at nearly $2.6 million, decreased precipitously in 2008 and _2009,_ and appear to have leveled off in 2010 and 2011. \\SV-FS21Users\mcalhoun\Finance Activity Reports\201112011 12 final.docx Page 3 Debt Capacity and Bonds Outstanding Page 12 provides information on the City's debt capacity, or the dollar amount of General Obligation (G.O.) Bonds the City may issue, as well as an amortization schedule of the bonds the City currently has outstanding. • The maximum amount of G.O. bonds the City may issue is determined by the assessed value and the 2011 assessed value for 2012 property taxes is $7,087,523,395. Following the City's December 1, 2011 bond payment, the City currently has $7,930,000 of nonvoted G.O. bonds outstanding which represents 7.46% of our nonvoted bond capacity, and 1.49% of our total debt capacity for all types of bonds. • The $7,930,000 of bonds the City currently has outstanding is part of the 2003 nonvoted (LTGO) bond issue. Of this amount: o $6,260,000 remains on bonds issued for the construction of CenterPlace. These bonds are repaid with a portion of the 1110 of 1% sales tax that is collected by the Spokane Public Facilities District. o $1,670,000 remains on bonds issued for road and street improvements around CenterPlace. The bonds are repaid with a portion of the real estate excise tax collected by the City. \\SV-FS21Users\mcalhoun\Finance Activity Reports1201112011 12 final.docx Page 4 CITY OF SPOKANE VALLEY,WA GENERAL FUND Budget Variance Report Foe the Year Ended December 31,2011 PRELIMINARY I UNAUDITED Budget Year Remaining %of Budget as to Date favorable Budget Adopted Revenues ,_ (unfavorable) Realized RECURRING ACTIVITY Revenues Property Tax 10,875,000 10,681,620 (193,380) 98.22% Sales Tax 14,210,000 14,850,409 640,409 104.51% Criminal Justice Sales Tax 1,200,000 1,266,819 66,819 105.57% Public Safety Sales Tax 790,000 724,219 (65,781) 91.67% Gambling and Leashehold Excise Tax 600,000 529,477 (70,523) 88.25% Franchise Fees/Business Licenses 1,261,000 1,131,587 (129,413) 89.74% State Shared Revenues 1,695,625 2,067,788 372,163 121.95% Planning&Building Fees 1,600,000 1,391,269 (208,731) 86.95% Fines and Forfeitures 1,800,000 1,420,879 (379,121) 78.94% Recreation&Centerpiece Fees 555,500 531,721 (23,779) 95.72% Miscellaneous 200,000 148,000 (52,000) 74.00% Transfers-in-#101 (street admin) 25,000 25,000 0 100.00% Transfers-in-#402(storm admin) 15,000 13,386 (1,614) 89.24% Total Recurring Revenues 34,827,125 34,782,174 (44,951) 99.87% Expenditures Council 324,298 284,716 39,582 87.79% City Manager 1,055,906 941,512 114,394 89.17% Public Safety 22,179,880 22,495,784 (315,904) 101.42% Deputy City Manager 559,940 505,708 54,232 90.31% Finance 1,014,342 956,506 57,836 94.30% Human Resources 236,646 204,514 32,132 86.42% Public Works 892,617 668,618 223,999 74.91% Community Development-Administration 321,049 319,764 1,285 99.60% Community Development-Engineering 669,570 637,084 32,486 95.15% Community Development-Planning 1,023,373 814,997 208,376 79.64% Community Development-Building 1,215,303 1,097,212 118,091 90.28% Parks&Rec-Administration 244,270 236,098 8,172 96.65% Parks&Rec-Maintenance 704,700 679,456 25,244 96.42% Parks&Rec-Recreation 246,628 207,155 39,473 83.99% Parks&Rec-Aquatics 429,250 448,014 (18,764) 104.37% Parks&Rec-Senior Center 89,653 76,341 13,313 85.15% Parks&Ree-CenterPlace 1,098,911 988,807 110,104 89.98% General Government 2,199,750 1,485,087 714,663 67.51% Transfers-out-#502(insurance premium) 319,000 319,000 0 100.00% Total Recurring Expenditures 34,825,086 33,366,371 1,458,715 95.81% Recurring Revenues Over(Under) Recurring Expenditures 2,039 1,415,803 1,413,764 NONRECURRING ACTIVITY Revenues Transfers-in-#310(for#303 full paveback) 1,500,000 551,730 (948,270) 36.78% Transfers-in-#310(for#311 street capital) 500,000 500,000 0 100.00% Total Nonrecurring Revenues 2,000,000 1,051,730 (948,270) 52.59% Expenditures Transfers-out-#303(full paveback) 1,500,000 551,730 948,270 36/8% Transfers-out-#309(park grant match) 100,000 100,000 0 100.00% Transfers-out-#311 (street capital) 500,000 500,000 0 100.00% Transfes-out-#311 (40%>$26mrn) 584,681 584,681 0 100.00% Building permit software 146,000 64,308 81,692 44.05% Total Nonrecurring Expenditures 2,830,681 1,800,719 1,029,962 63.61% Nonrecurring Revenues Over(Under) Nonrecurring Expenditures (830,681) (748,989) 81,692 EXCESS(DEFICIT)OF TOTAL REVENUES OVER(UNDER)EXPENDITURES (828,642) 666,814 1,495,456 BEGINNING FUND BALANCE 27,461,703 27,461,703 ENDING FUND BALANCE 26,633,061 28,128,517 Page 5 CITY OF SPOKANE VALLEY,WA OTHER FUNDS Budget Variance Report For the Period Ended December 31,2011 PRELIMINARY 1 UNAUDITED Budget Year Remaining %of Budget as to Date favorable Budget Adopted Revenues (unfavorable) Realized Revenues 101 Street O&M 5,585,000 5,324,755 (260,245) 95,34% 103 Paths and Trails 8,000 7,898 (102) 98.73% 105 Hotel/Motel Tax 481,000 458,057 (22,943) 95.23% 120 Centerplace Operating Reserve 3,000 556 (2,444) 18.53% 121 Service Level Stabilization Reserve 54,000 8,632 (45,368) 15.99% 122 Winter Weather Reserve 5,000 837 (4,163) 16,74% 123 Civic Facilities Replacement 419,000 396,589 (22,411) 94.65% 204 Debt Service-LTGO 03 685,000 611,623 (73,377) 89.29% 301 Capital Projects(1st 1/4%REET) 415,000 483,141 68,141 116.42% 302 Special Capital Projects(2nd 114%REET 415,000 480,861 65,861 115.87% 303 Street Capital Projects 8,437,307 5,344,813 (3,092,494) 63.35% 304 Mirabeau Point Project 0 45 45 307 Capital Grants 205,000 115,352 (89,648) 56.27% 308 Barker Bridge Reconstruction 150,000 134,353 (15,647) 89.57% 309 Parks Capital 613,000 597,985 (15,015) 97.55% 310 Civic Facilities Capital Projects 40,000 8,608 (31,392) 21.52% 311 Street Capital Improvements 2011+ 1,084,681 1,084,681 0 100.00% 402 Stormwater 2,107,000 2,209,646 102,646 104.87% 403 Aquifer Protection Area 500,000 417,326 (82,674) 83.47% 501 Equipment Rental&Replacement 9,000 25,956 16,956 288.40% 502 Risk Management 319,000 319,025 25 100.01% Total Other Funds Revenues 21,534,988 18,030,739 (3,504,249) Expenditures 101 Street O&M 6,826,627 5,911,222 915,405 86.59% 102 Arterial Street 58,019 58,019 0 100.00% 103 Paths and Trails 20,000 0 20,000 0.00% 105 Hotel/Motel Tax 500,000 472,481 27,519 94.50% 120 Centerpiece Operating Reserve 0 0 0 121 Service Level Stabilization Reserve 0 0 0 122 Winter Weather Reserve 505,000 0 505,000 0.00% 123 Civic Facilities Replacement 0 0 0 204 Debt Service LTGO 03 685,000 611,623 73,377 89.29% 301 Capital Projects(1st 1/4%REET) 1,013,598 503,944 509,654 49.72% 302 Special Capital Projects(2nd 1/4%REET 1,201,069 1,183,642 17,427 98.55% 303 Street Capital Projects 8,437,307 5,344,622 3,092,685 63.35% 304 Mirabeau Point Project 0 0 0 307 Capital Grants 205,129 115,335 89,794 56.23% 308 Barker Bridge Reconstruction 150,000 134,353 15,647 89.57% 309 Parks Capital 1,739,036 1,436,199 302,837 82.59% 310 Civic Facilities Capital Projects 2,000,000 1,051,730 948,270 52.59% 311 Street Capital Improvements 2011+ 0 0 0 402 Stormwater 3,159,445 2,115,831 1,043,614 66.97% 403 Aquifer Protection Area 0 0 0 501 Equipment Rental&Replacement 209,000 0 209,000 0.00% 502 Risk Management 319,000 308,856 10,144 96.82% Total Other Funds Expenditures: 27,028,230 19,247,857 7,780,373 Page 6 CITY OF SPOKANE VALLEY, WA Investment Report For the Month of December, 2011 Total LGIP* BB CD 2 BB CD 3 Investments Beginning $ 42,806,636.68 $ 3,007,903.24 $ 2,004,438.36 $ 47,818,978.28 Deposits 1,884,236,70 0.00 0.00 1,884,236.70 Withdrawls 0.00 0.00 0,00 0.00 Interest 4,758.62 0.00 0.00 4,758,62 Ending $ 44,695,632.00 $ 3,007,903,24 $ 2,004,438.36 $ 49,707,973.60 matures 6/28/2012 matures 5/04/2012 rate=1.05% rate=0.38% Earnings Balance Current Period Year to date Budget 001 General Fund $ 30,022,955.06 $ 2,873.40 $ 70,700.35 $ 100,000.00 101 Street Fund 2,966,308.01 283.97 4,983,67 12,000.00 103 Trails&Paths 37,846.88 3.62 59.68 0.00 105 Hotel/Motel 328,200.35 31.42 424.95 1,000.00 120 CenterPlace Operating Reserve 332,928.33 31.87 525.44 3,000.00 121 Service Level Stabilization Reserve 5,173,172,26 495.24 8,164.50 54,000.00 122 Winter Weather Reserve 501,789.91 48.04 791.27 5,000.00 123 Civic Facilities Replacement 1,192,823.43 114.19 1,881.49 12,000.00 301 Capital Projects 665,648.91 63.72 1,458.12 15,000.00 302 Special Capital Projects 1,001,073.09 95.83 1,641.47 15,000.00 303 Street Capital Projects Fund 0.00 0.00 89.45 0.00 304 Mirabeau Point Project 26,424.27 2.53 42.14 0.00 307 Capital Grants Fund 0.00 0.00 17.73 0.00 309 Parks Capital Project 1,068,963.56 102.33 1,638.48 13,000.00 310 Civic Buildings Capital Projects 4,031,643.66 385.96 8,244.34 40,000.00 402 Stormwater Management 1,478,312.84 141.52 2,699.57 22,000.00 403 Aquifer Protection Fund 0.00 0.00 0.00 0.00 501 Equipment Rental&Replacement 872,674.86 83.54 1,377.04 9,000.00 502 Risk Management 15,082.29 1.44 23.81 0.00 $ 49,715,847.71 $ 4,758,62 $ 104,763.50 $ 301,000.00 `Local Government Investment Pool Page 7 CITY OF SPOKANE VALLEY, WA Sales Tax Receipts Comparison of 2010 and 2011 Month Difference Received 2010 2011 February 1,693,974.29 1,658,132.70 (35,841.59) (2.12%) March 1,097,126.08 1,130,948.29 33,822.21 3,08% April 1,160,934.77 1,149,418.90 (11,515.87) (0.99%) May 1,349,758.63 1,451,954.28 102,195.65 7.57% June 1,252,377.28 1,345,333.29 92,956.01 7.42% July 1,271,607.01 1,415,961.55 144,354.54 11.35% August 1,442,679.59 1,520,766.09 78,086.50 5.41% September 1,380,147.05 1,448,728.86 68,581.81 4.97% October 1,354,001.39 1,464,653.60 110,652.21 8.17% November 1,452,269.26 1,463,313.06 11,043.80 0.76% December 1,301,846.34 1,381,684.76 79,838.42 6.13% January 1,299,191,80 1,410,552.03 111,360.23 8.57% 16,055,913.49 16,841,447.41 785,533.92 4.89% Sales tax receipts reported here reflect remittances for general sales tax, criminal justice sales tax and public safety tax. The sales tax rate for retail sales transacted within the boundaries of the City of Spokane Valley is 8.7%. The tax that is paid by a purchaser at the point of sale is remitted by the vendor to the Washington State Department of Revenue who then remits the taxes back to the various agencies that have imposed the tax. The allocation of the total 8.7%tax rate to the agencies is as follows: State of Washington 6.50% City of Spokane Valley 0.85% Spokane County 0.15% Spokane Public Facilities District 0.10% * Crminial Justice 0.10% * Public Safety 0.10% * 2.20% local tax Juvenile Jail 0.10% * Mental Health 0.10% * Law Enforcement Communications 0.10% * Spokane Transit Authority 0.60% * 8.70% * Indicates voter approved sales taxes In addition to the.85% reported above that the City receives,we also receive a portion of the Criminal Justice and Public Safety sales taxes. The distribution of those taxes is computed as follows: Criminal Justice: The tax is assessed county-wide and of the total collected,the State distributes 10%of the receipts to Spokane County,with the remainder allocated on a par capita basis to the County and the cities within the County. Public Safety: The tax is assessed county-wide and of the total collected,the State distributes 60%of the receipts to Spokane County,with the remainder allocated on a per capita basis to the cities within the County. Page 8 ,_ w of o� ati � » �° � C) N °° '- ° L°n0OO ° NC? ° Nh ° Cp O onNv, nONOON, OMCo CL `f N O 0 N C — O N r r- O O MV r CO LOO tt N h 0 N- op Cy Lnv n0 (�( 6sOa511op6yr caCON `V000NNCOONNO-6c4. r r r r n i L - NNC) NCO '- OCo0OO CD O) o o -0 CO NI- Ln O 00 CO Co�r1 a O r CO N O CD CD �- E v a-' m .k- 1.7 r n T n • 00 10) nr N co a) .1- O 47 C) E - 0 ro _ L O' rOOLC) st N- C0 NCR � rnnO OO 4 Ln u ? 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O c ,_ E m E E a° m o° CD uu d' - .�, 'In � 'C Tco a >c0)0.. > c() o @ co N C) 0 t U � -�)u.. 2 < 2cx -,<(.00Z0 ~ C0 Sd . .... x U \\SV-FS2\Users\mcalhoun\Bonds\debt capacity CITY OF SPOKANE VALLEY,WA 3./22/2012 Debt Capacity 2011 Assessed Value for 2012 Property Taxes 7,087,523,395 Maximum Outstanding Remaining Debt as of Debt % Capacity 12/31/2011 Capacity Utilized Voted (UTGO) 1.00% of assessed value 70,875,234 0 70,875,234 0.00% Nonvoted (LTGO) 1.50% of assessed value 106,312,851 7,930,000 98,382,851 7.46% Voted park 2.50% of assessed value 177,188,085 0 177,188,085 0.00% Voted utility 2.50% of assessed value 177,188,085 0 177,188,085 0.00% 531,564,255 7,930,000 523,634,255 1.49% 2003 LTGO Bonds Road & Period Street Ending CenterPlace , Improvemen s Total 12/1/2004 60,000 85,0 0 145,000 12/1/2005 75,000 90,0 0 165,000 12/1/2006 85,000 90,001 175,000 Bonds 12/1/2007 90,000 95,00o 185,000 Repaid _ 12/1/2008 95,000 95,00e 190,000 12/1/2009 105,000 100,00' 205,000 12/1/2010 110,000 100,000 210,000 12/1/2011 120,000 105,000 225,000 740,000 760,000 1,500,000 12/1/2012 130,000 110,000 240,000 12/1/2013 140,000 115,000 255,000 12/1/2014 150,000 120,000 270,000 12/1/2015 160,000 125,000 285,000 12/1/2016 170,000 130,000 300,000 12/1/2017 180,000 135,000 315,000 12/1/2018 220,000 140,000 360,000 12/1/2019 250,000 145,000 395,000 12/1/2020 290,000 150,000 440,000 12/1/2021 325,000 160,000 485,000 Bonds 12/1/2022 360,000 165,000 525,000 Remaining 12/1/2023 405,000 175,000 580,000 12/1/2024 450,000 0 450,000 12/1/2025 490,000 0 490,000 12/1/2026 535,000 0 535,000 12/1/2027 430,000 0 430,000 12/1/2028 340,000 0 340,000 12/1/2029 295,000 0 295,000 12/1/2030 280,000 0 280,000 12/1/2031 240,000 0 240,000 12/1/2032 190,000 0 190,000 12/1/2033 230,000 0 230,000 6,260,000 1,670,000 7,930,000 7,000,000 2,430,000 9,430,000 Page 12 CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: April 10, 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: EXECUTIVE SESSION: Potential Property Acquisition and Pending/Potential Litigation GOVERNING LEGISLATION: [RCW 42.30.110(1)(b)]; [RCW 42.30.110(1)(i)] PREVIOUS COUNCIL ACTION TAKEN: BACKGROUND: OPTIONS: RECOMMENDED ACTION OR MOTION: "I Move that Council adjourn into executive session for approximately ten minutes to discuss potential property acquisition, and for an additional twenty minutes to discuss pending/potential litigation, and that no action will be taken upon return to open session." 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