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2012, 05-15 Study Session AGENDA SPOKANE VALLEY CITY COUNCIL STUDY SESSION FORMAT Tuesday,May 15, 2012 6:00 p.m. CITY HALL COUNCIL CHAMBERS 11707 East Sprague Avenue,First Floor (Please Silence Your Cell Phones During the Meeting) DISCUSSION LEADER SUBJECT/ACTIVITY GOAL ROLL CALL ACTION ITEMS: 1. Steve Worley Evergreen Road Construction Bid Award Motion Consideration [public comment] ----------------------------------------------------------------------------------------------------------------------------------- NON-ACTION ITEMS: 2. Cheryl Kilday, Spokane Convention&Visitor's Bureau Discussion/Information "Visit Spokane" Update 3. Mike Stone, Dr. Harken Spokane Arts Council Review Discussion/Information 4. Steve Worley 2012 StreetPreservationProjects Discussion/Information 5. Mike Stone,Mark Calhoun, Splash Down Discussion/Information Cary Driskell 6. Mark Calhoun Re�nancing (Refunding) 2003 Limited Discussion/Information Tax General Obligation(LTGO) Bonds 7. Mayor Towey Advance Agenda Discussion/Information 8.Mayor Towey Council Check-in Discussion/Information 9. Mike Jackson City Manager Comments Discussion/Information 10. EXECUTNE SESSION: Pending/Potential Litigation [RCW 42.30110(1)(i)] ADJOURN Note: Unless otherwise noted above, there will be no public comments at Council Study Sessions. However, Council always reserves the right to request information from the public and staff as appropriate. During meetings held by the City of Spokane Valley Council,the Council reserves the right to take"action"on any item listed or subsequently added to the agenda. The term"action" means to deliberate,discuss,review,consider,evaluate,or make a collective positive or negative decision. NOTICE: Individuals planning to attend the meeting who require special assistance to accotmnodate physical, hearing, or other impairments,please contact the Ciry Clerk at(509)921-1000 as soon as possible so that arrangements may be made. Study Session Agenda,May I5,2012 Page 1 of 1 CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: May 15, 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: Bid Award - Evergreen Road Preservation Project— 16`h to 32�d Avenues GOVERNING LEGISLATION: N/A PREVIOUS COUNCIL ACTION TAKEN: Admin Report on January 31, 2012; Admin. Report and Council approval on February 7, 2012 BACKGROUND: On February 7th Council approved the Evergreen Road Preservation Project. This project includes the following work on Evergreen Road between 16`h and 32�d Avenues and on 32nd Avenue between Evergreen Road and 600 feet east of Evergreen Road: 1) installation of a 20 inch diameter water main (for Vera Water & Power), 2) asphalt patching, grinding, and overlay work, 3) minor sidewalk construction, and 4) roadway reconstruction. The design and contract documents for the road work were prepared by City staff. The waterline plans and specifications were prepared by Varela and Associates for Vera Water and Power. On April 10th Council approved funding for the 2012 Pavement Preservation Projects. The Pavement Management Program included the resurfacing of 32�d Avenue between SR 27 and Best Road. Since a portion of this area was being resurfaced as part of the Evergreen Road Project, it was decided to include all of the 32�d Avenue pavement preservation work in the Evergreen Road Preservation Project. This approach is more cost effective by providing economics of scale and having only one contractor do all the pavement work on 32�d Avenue. Also, the City has an Intelligent Transportation System (ITS) Plan that identifies roadways where conduit should be installed. This will allow the signalized intersections to be connected at some time in the future to the Spokane Regional Traffic Management Center (SRTMC). Evergreen Road is identified as a location for ITS conduit. Therefore, the installation of conduit was added to this project as well to take advantage of the reduced cost of installing the conduit while the road is already torn up. All of the road work is included in the bid under Schedule A. The waterline work, paid by Vera, is included under Schedule B. Schedule C is for the ITS conduit installation. The project was advertised for bid on April 20, 2012 and bids were opened Friday, May 4, 2012. Nine bidders responded. Shamrock Paving, Inc. is the apparent low bidder with a total bid of $1,503,303.67. OPTIONS: 1) Award contract to Shamrock Paving, Inc., 2) Not award contract to Shamrock Paving, Inc., or 3) Provide additional direction to staff. RECOMMENDED ACTION OR MOTION: Move to award the bid for the Evergreen Road Preservation Project #0160 to Shamrock Paving, Inc., in the amount of $1,503,303.67 and to authorize the City Manager to finalize and execute the construction contract. BUDGET/FINANCIAL IMPACTS: The total cost of the proposed road and waterline work (including engineering and right-of-way costs) on Evergreen Rd and 32nd Ave is estimated to be $1,677,716. Summaries are provided below. � • � 'Cr�.�~"��5��a+��11�r..`;i , `'� s ��la'' .� "� �'.^�;"1 ��` EECBG Grant $ 73,000 Sch A: Evergreen Rd $ 856,669 101 Street Fund $ 500,000 Sch A: 32�d PMP $ 70,787 311 Fund $ 111,000 Sch B: Vera Waterline $ 553,348 Subtotal (City) $ 684,000 Sch C: ITS Conduit $ 22,500 Vera Water & Power $ 275,000 Total $ 959,716 Total $ 1,503,304 � Waterline Cost not included �� ,- �" ` � ..w °� ��_,,�`_! �,�,,,"�� ,��=�'b r�„ s,`: .�` . ,, PE — Design $ 10,000 EECBG Grant $ 59,000 z RW - Sidewalks $ 20,000 101 Street Fund $ 500,000 CN — Evergreen/32�d $ 624,116 311 Fund $ 111,000 CN —V@Ca (Road Patching) $ 232,553 Street Preserv. Funds $ 167,315 CN — Inspection/Testing $ 50,000 REET Funds $ 22,500 Subtotal $ 936,669 Subtotal (City) $ 859,815 CN - Vera $ 553,348 Vera Water & Power $ 785,901 CN —32�d Ave PMP $ 70,787 Total $1,645,716 CN — ITS Conduit $ 22,5QQ EECBG contribution reduced due to commitments to other projects CN - Contingency $ 62,412 Total $1,645,716 STAFF CONTACT: Steve M. Worley, PE — Senior Capital Projects Engineer ATTACHMENTS: Evergreen Road Preservation Project Bid Tab lRi� BID TABULATION Evergreen Rd Reconstruction Project S�O�cnLe Project CIP No. 0160 j�alley= BID OPENING DATE - May 4,2012,10:00 A.M. Engineer's Estimate Shamrock Paving,Inc. L&L Cargile Inland Asphalt Company Spokane Rock Products Red Olamond Construction, Halme C Inc. ITEN I7EM Unit T�TA� UnitPrice TotalCOSI UnitPrice TotalCost UnitPrice TolalCost Uni[Price TotalCOSt UnitPrice TotalCOSt UnitPrice TotalCOSt UnitPrice # �UANYITV ., �. ' A-ROAD WORK 1 1 00 RYJ 0 Total Schedule A I $891,495.00 � $927,455.45� $961,579.29 � $972,370,47 � $976,257.80 � $936,186.80 'AtltlentlumiRevlslan', "AddentlumSRevison 7� TotalofcoMBINe�ExtendedAmountforSchedulesABB(�ncludingsalestax) $1,667,395.60 $1,48Q803.67 $1,558,779.26 $1,574,176.61 $1,574,718.69 1,622,002.28 b1,671,201.70 Addentl�msackro�Nedged Yes Yes Yes Ves Yes Yes Bld Gepasit surety 6ond Yes Ves Ves Ves Ves Yes Subwntracmr fisl Yes Yes Yes Yes Yes Yes Mobllization Yo of tota' 6.47°ro 8,32% fi.76% 7.77% 9.61% 70.86% BitltebinGuGeSCAffeGliono(3lddete�Aensionefrof(s)follYditem(5): 1109 WA N/A N/A 42384121 N/A BID TABULATION Evergreen Rd Reconstruction Project S`Po�ne Project CIP No. 0160 j�ile3'= aln nPFNIN[;oATE - MaV 4.2012.10:00 A.M. 'Atltlentlum 1 ReVlslan', "Acdendum 5 Revison Total of COMBINED Extended Amount for Schedules A&B Qncluding sales tax) $1,667,395.60 $1,694,205.26 1,791,670.49 $1,937,828.26 ITEM lJnit 1LEG�ITSCONDUIT CONDUIT PIPE 21N.DIAM. �F SUBTOTAI of Extended Amount for Schedule C f COMBINED Extended Amountfor Schedules A,B,and C Addentlums acknowledgetl Bid depcsll surety bontl Subcontreclor list Mobilization%otbtal Bid lab Includes correclion of Bitltler eMension error(s)for hid item(s): En9ineer'S EStimatB MDM Conslruction�Inc.tlGa MDM poeASphalt Paving,Int. r Ezcavation Unit Price I Tolal Cosl Unit Price Tolal Cost Unit Price Total Cost $17 Yes Yes Ves Ves Yes Yes 14.92;0 9.20% N/A N76 8 W 121 Unit Price I Total Cosl Yes Ves Yes 9.60% wa CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: May 15, 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: Spokane Convention&Visitor's Bureau Overview GOVERNING LEGISLATION: PREVIOUS COUNCIL ACTION TAKEN: BACKGROUND: Visit Spokane President and CEO Cheryl Kilday will give an overview of their program. OPTIONS: RECOMMENDED ACTION OR MOTION: BUDGET/FINANCIAL IMPACTS: STAFF CONTACT: ATTACHMENTS: � �r��, :. � #�, �;�� * ,�. '��, ' '' ��'' �. �*�� ;� . � { f i � l.i �/ y y � �� .. ' '` ;�" .r? �,�' ��:. � � �� :��`�"�',`�� e��' �'��,t � ��;�'�` � , ; ,�� g.j� . 3t �.- t " # �. Cy ? � ,s,C�' i:� 1 b .� '... C'*- � � �y . �• r . . ' ,. T� �.: :r!'� ��-" � J 'p'� �, ��' i Y�r/�•I�� , ��,� � qi;��✓F� N'R� ",� , , y+�y ��i A�, {�� ,� . ,�, �� ,� y,d'e�A � �f .y�r �i�; 4:,_ .c. 'S'�' � �'!�` p j..�,`< � rrJ"+ .r- '�►v�� .� �,�� i£' .t�� F,^ �' �s',..�.!4 r� � �p�A.. :.� •�� _�� ,� �, � E+. t,- [ y ��i � S+ f �/,,,. 1 yy y�, �'Y'. 1�y ��i(i}. A�I�f�" T� � � ,M Yymh � �� !3 �� . "� �"� a4 - . L :� ��Sa � ' I� -��,� � �, � _ *�� I �.�� , � �1*- �Y� �� , � i ��' ti .: '��a'" f .� 3 �){, 1 � 1 �•j,.�, x { 4' { _ �+s� i /'i R�1� �: �Ii�1 ': ��.iY'*'. ��c�-�� ,'�*�y "- ...- ,.� � .� �� '�� d�ls•,��s.��-,��"+�.� 1 � " '��„� , ` ,�.r" � " rr � � � � r t� � � � .�� ',�l�� .�� _ :�� ..l'1�� ` y __" _ 3C r� �� :.� � e X� •� L - �., ��o i�*'� �� i' .'� .�a��i ._�� ,, .W, �V I�. �{�+, � i 'e��y R ,��lyy"�.,,', � Strate ic Ma for Destination Marketin � p � :....... ...... .� �� Informing, Educating, & Advising the Visitor �� : : : : � Travel Publishers / •'� � ; Influencers Advertisers ; ; Destination Positioning = Sales ; : and Marketing •�' �� Delivering Services : ; SRCVB Role: Inform, Educate & to the Visitor � : DMO Sales Convention Advise the Visitor ; : Team Sales Airlines / Tour : . ; Transport Operators ; : Local Out-of-town Visitors• � : • : ; Organizers Organizers Conventions/ Hotels / Other Local � ; ~' Leisure / ~� Lodging Visitor Svcs ; ; Event Mgmt Group/Tour Business ; : Firms Packagers : : Visitor Destination ; � Developing the Destination Attractions Infrastruct. ; : Conference Travel : � Exhibitors Resellers � ' Local SRCVB Role: Advocate the � � Govts Total Visitor Experience : ; SRCVB Role: Advise and ; : Support Marketers : � Industry Community � ' Partners Leaders ' : : : : 5�.. SRCVB Role: Support & .�� Develop the Dest'n Strategy �� `� �'�� ► t.:�' � ................................................................................... ��=�-, . . ,- �O TRC 2011 Primar Market Se ments v � leisure — Domestic and Canadian • Recreation and Adventure Travelers • FamilyGroups • Getaways and escapes Stakeholders • Industry Partners • Elected and Government Officials • Business Community and Universities • Residents and Students ..� - . . ., ^ . `l�a,i�:�w�� r!��.... ' .1".A�^�.. ,�� .� � � � .,A� �y�. '.-rh ,+i�_. p I � !��'.. -..- _. v-l_\,,.r.._._� ._L4�� -..:-^.er� ��t+.�. . 4� r ��' T...+'.'�' „'.s'1 `��+..�r:�+tie-,..,,. � .� ,r��'. � I �ear niai:ui�.I`�i:r per�eet�° Directl for S okane Valle v p v • Added sales position for smaller meetings and conventions • Added golf and consumer shows • Expanded the Distinctive Communities programming • Market Study meeting with Valley businesses ..� - . . ., ^ . `l�a,i�:�w�� r!��.... ' .1".A�^�.. ,�� .� � � � .,A� �y�. '.-rh ,+i�_. p I � !��'.. -..- _. v-l_\,,.r.._._� ._L4�� -..:-^.er� ��t+.�. . 4� r ��' T...+'.'�' „'.s'1 `��+..�r:�+tie-,..,,. � .� ,r��'. � I �ear niai:ui�.I`�i:r per�eet�° W h at We'd li ke to Do ... • Be recognized as your programmatic arm for tourism • Develop a publication for Spokane Valley • Work with Lodging Tax applicants to develop a cooperative marketing program and gain more visibility by working together • Concentrate on the results of the Market Study as it pertains to Spokane Valley and work with city staff and others to implement recommendations • Expand our services to partners on behalf of the City as it relates to tourism. � . . � . . �.�.��`�� ,�:. �„xrn .�� ,, p� � . :.�:��. � _ v l_�,�.r.._ _� _�:r•, ��-.�,.�.� __ . 4_ r �,.�:' Tti+ � _-.1 �',�,.��.�-�.. � . ' '��'`,C-) ; �� I I �Near riiai-ui�.I`�i:r per�e��° �O TRC 2011 Desti nation Position i n � Destination Sales and Marketing Goal : • Create and implement ongoing sales and marketing initiatives and strategies that are "leading edge" and meet critical performance measurements and acceptable ROI across targeted market segments. • Evolve the brand identity and promise to capture the essence of the entire destination experience. Implement internal and external strategies that differentiate the Spokane Region from the rest of the Northwest. � . . � . . �.�� ,�.r �,x�� .�� , � �� , p, � . :.�:��. � _ v l_,��.._ _� _�°�.., _�-.�,.�.4 __ . �_ _ �,r+:�` T,i .� _...1 ��,�,.��.�.: � �O TRC 2011 Desti nation Position i n � Destination Sales and Marketing Objective 1: Branding • Initiate process to evolve the existing regional brand and integrate with a new corporate brand . Ensure that branding themes are carried consistently throughout all marketing disciplines and all institutional materials. � . . � . . �.�� ,�.r �,x�� .�� , � �� , p, � . :.�:��. � _ v l_,��.._ _� _�°�.., _�-.�,.�.4 __ . �_ _ �,r+:�` T,i .� _...1 ��,�,.��.�.: � �O TRC 2011 Desti nation Position i n � Destination Sales and Marketing Objective 2: Sales and Marketing • Create and implement integrated sales and marketing strategies across targeted market segments that are innovative and "leading edge," so that our successes expand visitation to the region, increase visitor spending, and attract funding for enhanced programming. Destination Sales and Marketing Objective 3 : Education and Training • Foster a culture of continual learning to promote destination prosperity � . . � . . �.�� ,�.r �,x�� .�� , � �� , p, � . :.�:��. � _ v l_,��.._ _� _�°�.., _�-.�,.�.4 __ . �_ _ �,r+:�` T,i .� _...1 ��,�,.��.�.: � �O TRC 2011 2012 Pro ram Hi hli hts � � � Destination Positioning Tactical Plans: Branding • Position the destination in a greater regional context • Refine marketing messages based upon market study • Prepare for destination brand study • Roll out the new VisitSpokane brand promise • Support destination position by targeted market segment � . . � . . �.�� ,�.r �,x�� .�� , � �� , p, � . :.�::�-�. � _ v l_,��.._ _� _�°�.., _�-.�,.�.4 __ . �_ _ �,r+:�` T,i .� _...1 ��,�,.ti��.�.: � �O TRC 2011 2012 Pro ram Hi hli hts � � � Destination Positioning Tactical Plans: Sales & Marketing • Concentrate on Primary Market Segments • Add sales position to attract sports meetings and increase focus on groups with room less than 100 rooms on peak • Exhibit at key tradeshows • Conduct sales missions and client events • Adding Golf and ConsumerShows • Continue website, publications, and micro-sites n . . � . . �.�� ,�.r �,x�� .�� , � �� , p, � . :.�:��. � _ v l_,��.._ _� _�°�.., _�-.�,.�.4 __ . �_ _ �,r+:�` T,i .� _...1 ��,�,.��.�.: � �O TRC 2011 Primar Market Se ments v � Meetings and Conventions • Scientific and Engineering Associations • Ed ucation • Religious • Groups under 100 rooms Tour and Travel — Domestic and Canadian • eaby boomers & Senior Groups • Shopping • Golf n . . � . . �.�� ,�.r �,x�� .�� , � �� , p, � . :.�:��. � _ v l_,��.._ _� _�°�.., _�-.�,.�.4 __ . �_ _ �,r+:�` T,i .� _...1 ��,�,.��.�.: � �O TRC 2011 Informin , Educatin , & Advisin Visitors � � � Informing, Educating, and Advising Visitors Goal : • Use a variety of communication tools to engage our targeted audiences and effectively and consistently deliver our destination brand promise Objective 1 : • Implement a consistent communications plan for each targeted market segment reinforced with public relations initiatives and online and social media opportunities � . . � . . �.�� ,�.r �,x�� .�� , � �� , p, � . :.�::�-�. � _ v l_,��.._ _� _�°�.., _�-.�,.�.4 __ . �_ _ �,r+:�` T,i .� _...1 ��,�,.ti��.�.: � �O TRC 2011 Informin , Educatin , & Advisin Visitors � � � Objective 2: • Build a sense of "destination" within the region that is supported by residents and businesses Objective 3: • Engage the residents within the region to become evangelists and promote visitation to the region through participation in providing positive visitor information within their online communities � . . � . . �.�� ,�.r �,x�� .�� , � �� , p, � . :.�:��. � _ v l_,��.._ _� _�°�.., _�-.�,.�.4 __ . �_ _ �,r+:�` T,i .� _...1 ��,�,.��.�.: � �O TRC 2011 2012 Pro ram Hi hli hts � � � Informing, Educating, and Advising the Visitor: • Continue the emphasis on social media • Continue the consumer eNewsletters • Expand the audience to include more Stakeholders • ConductCommunityAwarenessCampaign • Use Power of Travel presentation w/speakers bureau • Drive traffic to the Visitor Information Center • Coordinate the Airport's Visitor Information n . . � . . �.�� ,�.r �,x�� .�� , � �� , p, � . :.�:��. � _ v l_,��.._ _� _�°�.., _�-.�,.�.4 __ . �_ _ �,r+:�` T,i .� _...1 ��,�,.��.�.: � �O TRC 2011 Deliverin Services to the Visitor � Goal : Ensure that the total visitor experience is paramount and that the CVB and partners concentrate on being visitor centric Objective 1 : • Serve as the official resource for visitors to enhance their experience and increase their spending Objective 2: • Ensure that the Visitor Information Center (VIC) is properly located to serve visitors, drive visitation to the VIC, integrate visitor distribution throughout the region with the VIC, and position the VIC as a staging area for visitor experiences � . . � . . �.�� ,�.r �,x�� .�� , � �� , p, � . :.�:��. � _ v l_,��.._ _� _�°�.., _�-.�,.�.4 __ . �_ _ �,r+:�` T,i .� _...1 ��,�,.��.�.: � �O TRC 2011 2012 Pro ram Hi hli hts � � � Delivering Services to the Visitor: • Provide programming for industry partners • Continue and strengthen the CTA program • Provide housing services to sports and events • Continue efforts to become more Visitor Centric ..� - . . ., ^ . `l�a,i�:�w�� r!��.... ' .1".A�^�.. ,�� .� � � � .,A� �y�. '.-rh ,+i�_. p I � !��'.. -..- _. v-l_\,,.r.._._� ._L4�� -..:-^.er� ��t+.�. . 4� r ��' T...+'.'�' „'.s'1 `��+..�r:�+tie-,..,,. � .� ,r��'. � I �ear niai:ui�.I`�i:r per�eet�° �O TRC 2011 Desti nation Develo ment p Goal : Ensure that the development of the destination is strategically aligned with all market opportunities. Act as a lead advocate for expanded public meeting, cultural, and sports facilities to meet market potential, and support all community based initiatives that improve and enhance the guest experience Product Development Objective 1 : • Play a proactive role in the region's product development initiatives focused on authentic experiences which represent our heritage, culture and unique natural assets. ..� - . . ., ^ . `l�a,i�:�w�� r!��.... ' .1".A�^�.. ,�� .� � � � .,A� �y�. '.-rh ,+i�_. p I � !��'.. -..- _. v-l_\,,.r.._._� ._L4�� -..:-^.er� ��t+.�. . 4� r ��' T...+'.'�' „'.s'1 `��+..�r:�+tie-,..,,. � � ,r��'�..�..,; t ,,..;_ �,�:: � I �ear niai:ui�.I`�i:r per�eet�° �O TRC 2011 Desti nation Develo ment p Product Development Objective 2: • Initiate the conversation and effort to develop a shared destination vision and master plan for the Spokane Region � . . � . . �.�� ,�.r �,x�� .�� , � �� , p, � . :.�:�-�. � _ v l_,��.._ _� _�°�.., _�-.�,.�.4 __ . �_ _ �,r+:�` T,i .� _...1 ��,�,.��.�.: � �O TRC 2011 2012 Pro ram Hi hli hts � � � Developing the Destination : • Complete market research study • Support Wayfinding and Gateway Improvements • Support Convention Center addition • Support sports facility planning • SupportWaterTrail development • Support the Airport • Explore Visitor Information Center Options � . . � . . �.�� ,�.r �,x�� .�� , � �� , p, � . :.�::�-�. � _ v l_,��.._ _� _�°�.., _�-.�,.�.4 __ . �_ _ �,r+:�` T,i .� _...1 ��,�,.ti��.�.: � �O TRC 2011 Or anizational Excellence � Organizational Excellence Goal: Ensure that the Spokane Regional CVB's culture, infrastructure, financial resources, human capital, and board governance contribute to the organization's success. Funding and Finance Objective 1: • Initiateeffortstoensure longrangefundingstability for CVB marketing efforts on behalf of its members, stakeholders, and partners. Develop public/private partnerships that result in a minimum operating budget of $4 million by 2014. n . . � . . �.�� ,�.r �,x�� .�� , � �� , p, � . :.�:��. � _ v l_,��.._ _� _�°�.., _�-.�,.�.4 __ . �_ _ �,r+:�` T,i .� _...1 ��,�,.��.�.: � �O TRC 2011 Or anizational Excellence � Regional Positioning Objective 1 : • Explore the opportunities to develop a regional tourism strategy and funding mechanisms to position the greater Spokane — Coeur D'Alene region for tourism expansion Governance and Administration Objective 1 : • Establish strategies and commitment that ensures sound governance structure and long range organizational leadership stability. Involve and engage the Board of Directors. � . . � . . �.�� ,�.r �,x�� .�� , � �� , p, � . :.�:��. � _ v l_,��.._ _� _�°�.., _�-.�,.�.4 __ . �_ _ �,r+:�` T,i .� _...1 ��,�,.��.�.: � �O TRC 2011 Or anizational Excellence � Governance and Administration Objective 2: • Pursue best metrics practices and define performance � . . � . . �.�� ,�.r �,x�� .�� , � �� , p, � . :.�:��. � _ v l_,��.._ _� _�°�.., _�-.�,.�.4 __ . �_ _ �,r+:�` T,i .� _...1 ��,�,.��.�.. � �O TRC 2011 2012 Pro ram Hi hli hts � � � Organization Excellence: • Define performance metrics • Establish a Blue Ribbon Committee to explore long range funding options • Monitor legislation impacting tourism funding • Implement Advocacy Plan to support Power of Travel • Promote regional collaboration • Ensure professional development continues • Ensure the appropriate tools are in place • Pursue best practices n . . � . . �.�� ,�.r �,x�� .�� , � �� , p, � . :.�:��. � _ v l_,��.._ _� _�°�.., _�-.�,.�.4 __ . �_ _ �,r+:�` T,i .� _...1 ��,�,.��.�.: � �O TRC 2011 Brand Promise Visit Spokane is a creative, entrepreneurial, market driven leader that champions and protects the Spokane destination brand by bringing knowledgeable leadership and innovative programming to its regional community. -�, -.- � v-l_\�._.._. �- �4�a�`�� . �_'� ._�`�.,..� A�� L i� .��T��I�.. . r++ � ti+' �' r� �+.�,.�tie-,..,. CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: May 15, 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: Donation and Placement of Arts Council Sculpture GOVERNING LEGISLATION: N/A PREVIOUS COUNCIL ACTION TAKEN: The City Council has accepted the donation of two pieces of public art and approved the placement for the City of Spokane Valley. BACKGROUND: In an effort to promote the arts in Spokane Valley, the Spokane Valley Arts Council has worked to raise funds to purchase and donate two pieces of public art to the City of Spokane Valley. In August 2009, SVAC donated a bronze sculpture by artist Jerry McKellar titled "Working the Line." The sculpture was placed at the northwest corner of Mirabeau Parkway and Mansfield Avenue, just south of CenterPlace Regional Event Center. In August, 2011, SVAC donated a bronze sculpture titled "Berry Picker," by the late artist Nancy McLaughlin. The sculpture was placed northeast of CenterPlace adjacent to Mirabeau Parkway. The Spokane Valley Arts Council is now interested in donating a sculpture to the City to be located within the new West Gateway project currently being developed. Dr. James Harken will be presenting their selection for review and comment by the City Council. OPTIONS: Information Only RECOMMENDED ACTION OR MOTION: N/A BUDGET/FINANCIAL IMPACTS: N/A STAFF CONTACT: Michael D. Stone, Director of Parks and Recreation ATTACHMENTS: CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: May 15, 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: 2012 Street Preservation Projects Update GOVERNING LEGISLATION: PREVIOUS COUNCIL ACTION TAKEN: March 27, 2012 council approved the Pavement Management Plan Update for 2011; April 10, 2012 council approved $2.8 million dollars for street preservation projects in 2012. BACKGROUND: Council approved the Pavement Management Plan Update for 2011 which included a list of recommended street preservation projects for 2012. Council also approved $2.8 million to pay for street preservation projects in 2012. There is also $1.145 million available in the Poe Street Maintenance Contract for street preservation work and $500,000 in Street Preservation funding allocated from the Street Fund to the Evergreen Road Project. Therefore, there is a total of$4.445 million available for 2012 Street Preservation projects. Attached is the list of 2012 Pavement Preservation Projects from the adopted Pavement Management Program. The projects have been rearranged based on how staff plans to complete these projects. The first group of projects listed in green are planned to be completed by Poe Asphalt under our current Street Maintenance Contract. The second group of projects in blue will be issued for bid as Phase 1. The third group, colored peach, will be issued for bid as Phase 2. Project (16) Pines Rd — 16th to 24th will be combined with the sidewalk project we are doing on Pines Road in this same area as part of our Sidewalk Infill Project. We feel it would be best to have one contractor do both the road resurfacing and sidewalk construction under a single bid. The yellow projects at the bottom have been completed by previous projects. Here are some highlights regarding this year's preservation projects: 1) Splitting the projects into two bid packages allows us to • Monitor the current bid prices for this type work • Help ensure the provided budget is not exceeded • Provide an opportunity for more than one contractor to get some of this paving work 2) All of the 2012 projects may be able to be completed this year. We will know more as actual prices become available from both Poe's work and from the Phase 1 bid. 3) Based on a recent visit to all the proposed project sites, the 32�d Ave projects (in the Phase 2 bid group) may be delayed to a later year. These three projects may be exchanged for some higher priority Sprague Avenue projects. 4) Staff reviews each project site in detail and may make adjustments to the paving limits or the paving strategies to best fit road condition. This approach allows some cost savings and ensures the best investment for maintaining the city's streets. 5) Staff also looks for ways to combine these preservation projects with other street improvements (like the Sprague Ave UIC Elimination Project) to save money and reduce inconvenience to our citizens. Therefore, projects from future years may be shuffled to more recent years as street conditions vary and opportunities present themselves. 6) A running tally of all costs associated with each street preservation project will be provided as information becomes available. OPTIONS: Discussion RECOMMENDED ACTION OR MOTION: Discussion BUDGET/FINANCIAL IMPACTS: Council approved $2.8 million in General Fund Revenue for this year's Street Preservation projects. There is also $1.145 million available in the Poe Street Maintenance Contract for street preservation work and $500,000 in Street Preservation funding allocated from the Street Fund to the Evergreen Road Project. Therefore, there is a total of $4.445 million available for 2012 Street Preservation projects. STAFF CONTACT: Steve M. Worley, Senior Capital Projects Engineer ATTACHMENTS: List of 2012 Pavement Preservation Projects. Preservation Projects 2012 Project# Street To From Estimate Description OCI Poe Asphalt (1) Mission Union to Pines $ 104,544.00 2" grind and inlay 35.2 (3) Appleway Argonne to University $ 423,972.27 2" grind and inlay 37.3 (13) Farr Appleway to Sprague $ 49,108.00 2" grind and inlay 38 (14) University Appleway to Sprague $ 76,032.00 2" grind and inlay 35.5 (15) University 16th to 8th $ 285,861.00 2" grind and inlay 38 (24) University Sprague to Main $ 92,458.67 2" grind and inlay 39.1 (25) University 8th to 4th $ 118,800.00 2" grind and inlay 32.8 (18, 19) Barker Spokane River to Trent $ 200,000.00 Chipseal 35.8 (8) Argonne Knox to Montgomery $ 122,550.00 Patching 40.2 (9) Argonne Mullan to Knox $ 78,477.00 Patching 40.5 $ 1,551,802.93 Phase 1 Bid I (10) Dishman-Mica 16th to 24th $ 462,066.00 2" grind and inlay 38.5 (11) Dishman-Mica 24th to 32nd $ 463,582.00 2" grind and inlay 35.2 (12) Dishman-Mica 32nd to Schafer $ 233,152.00 2" grind and inlay 32 (22) Vista Mission to Knox $ 93,913.00 2" grind and inlay 34.4 (4) 4th DM to Farr $ 102,685.00 2" grind and inlay 32.5 $ 1,355,398.00 Phase 2 Bid I (5) 32nd University to Bowdish $ 316,500.00 2" grind and inlay 30.1 (6) 32nd Pines to SR27 $ 475,345.00 2" grind and inlay 40.2 (7) 32nd SR27 to Best $ 190,121.00 2" grind and inlay 40.5 (20) Fancher Sprague to Broadway $ 441,723.00 2" grind and inlay 34.4 (23) Herald Main to End $ 22,705.00 2" grind and inlay 48.4 $ 1,446,394.00 Bid w/Pines Rd Sidewalk Project (16) Pines 24th to 16th $ 214,868.00 2" grind and inlay 35.2 (17) Adams End to 24th $ 34,695.00 2" grind and inlay 31.1 Total $ 4,603,157.93 Completed (2) Broadway Greenacres to Barker $ 38,991.00 2" overlay 31.9 (21) Fancher Broadway to Sharp $ 188,981.00 2" overlay 37 (26) Bowdish 24th to 16th $ 207,750.00 2" overlay 34.1 $ 435,722.00 CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: May 15, 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: Splashdown contract - update GOVERNING LEGISLATION: PREVIOUS COUNCIL ACTION TAKEN: In May, 2009, the City executed a new agreement with Splashdown Concessions Inc. (Splashdown) for the lease of park property to Splashdown for the purposes of operating a water park. That agreement replaced a five year agreement between Spokane County and Splashdown entered into in 2002. The first agreement was entered into in 1982, and then renewed for another 10 years in 2002. BACKGROUND: The City negotiated the new contract in 2009. It used a different methodology for calculating cost than what had been used previously. In the prior contracts, the City (and County prior to incorporation) calculated the lease amount on the percentage of sales by Splashdown. Specifically, Splashdown was to pay the City 10% of gross revenue up to $300,000, and 5% of gross revenue over that amount, excludinq concessions. Additionally, Splashdown paid 15% of concessions. Lastly, Splashdown had a separate lease agreement for use of the parking lot on the south side of Mission Avenue, which is where Splashdown customers were supposed to park. The Kelloggs had difficulty providing information under the previous methodology sufficient to demonstrate what the payments to the City should be. Additionally, the Kelloggs requested use of the main parking lot immediately adjacent to Mission Park instead of only have use of the lot on the south side of Mission. Staff proposed in the new contract that the cost methodology be based on an average of the total annual payments made over the prior few years for admissions and concessions, with a modest escalator over time. It also rolled what had been a separate charge for the south parking lot into the single payment. As such, the parties agreed in 2009 to a new agreement whereby Splashdown was to pay the City a flat fee of $40,000 per year for 2009 and 2010, $43,000 for 2011 and 2012, and then $46,000 for each year thereafter for the remaining six years. At the end of the first ten year period, the payments would be reviewed and adjusted by consent of both parties. (A copy of the current contract is attached for reference). Splashdown has had some difficulty in meeting the new lease obligations, failing to timely make some payments in 2010 and 2011. Splashdown recently asked the City to consider lowering the lease payment, based in large part on the fact that their gate admissions have been significantly reduced since 2009. Staff concurred that if Splashdown made all payments due from 2010 we would consider a reduction in lease obligations. Additonally, any future reduction would only be in effect if Splashdown adheres to a repayment schedule for 2011 payments past due. Staff has looked at attendance numbers for the pool and aquatic centers for the City of Spokane Valley, Spokane and Spokane County since 2009. It appears that there has been a significant change in market conditions since early 2009, and was not contemplated by the parties. Spokane reconstructed many of its pools in 2009 — 2011, which are now open. Spokane County constructed its southside aquatic center in 2008, and Spokane Valley added a water feature to each of its pool facilities in the summer of 2008, which opened full time in 2009. Staff has collected the attendance figures for the three jurisdictions, as well as those for Splashdown for the Council's consideration. Splashdown has requested that the City reduce the annual lease payment so that it can continue to operate. As stated above, this year's payment is scheduled to be $43,000, and next year and each subsequent year would be $46,000. Splashdown has requested that the City consider taking action prior to its season opening on May 25, 2012. OPTIONS: (1) Agree to change the annual lease payment; or (2) do nothing, which would leave the payment as agreed to in 2009. RECOMMENDED ACTION OR MOTION: Council consensus for staff to consider a methodology for reduced future lease payments and payment of past due 2011 payments and return to Council with recommendations. BUDGET/FINANCIAL IMPACTS: City revenues would be reduced by any reduction in lease payments. STAFF CONTACTS: Mike Stone, Parks Director; Mark Calhoun, Finance Director; Cary Driskell, City Attorney ATTACHMENTS: 1. 2009 Splashdown agreement 2. Attendance figures for Spokane Valley pools, Spokane County pools, City of Spokane pools, and Splashdown for 2009 —2011. � - -- SPLASH-DOWN CONCESSIONS, INC. AGREEMENT THIS AGREEMENT, made and entered into this �f'fi'ay of May, 2009, by and between City of Spokane Valley, a municipality of the State of Washington, having offices for the transaction of business at 11707 East Sprague Avenue, Suite 106, Spokane Valley, Washington, 99206, hereinafter referred to as the "CITY," and Splash-Down Concessions, Inc. having offices for the transaction of business at 2922 South Manito Boulevard, Spokane, Washington, 99203, hereinafter referred to as the "LESSEE," jointly, hereinafter referred to along with the CITY as the "PARTIES." WITNESSETH: WHEREAS, pursuant to the provisions of RCW 35A.11.020, a city may lease or sell any park property, buildings or facilities surplus to its needs, or no longer suitable for park purposes; and WHEREAS, City of Spokane Valley is the owner of Valley Mission Park, located at 11423 East Mission, Spokane Valley, Washington, which the City acquired from Spokane County upon incorporation of the City in 2003; and WHEREAS, a certain portion of Valley Mission Park was declared surplus to the present and foreseeable need of Spokane County by the Board of County Commissioners of Spokane County pursuant to Resolution No. 82-0350; and WHEREAS, pursuant to Resolution No. 82-0494, the Board of County Commissioners authorized execution of a Water Slide Agreement with Splash-Down Concessions, Inc. pursuant to which Splash-Down Concession leased a portion of Valley Mission Park for a period of ten (10) years to construct and operate a water slide; and WHEREAS, pursuant to Resolution No. 92-1018, the Board of County Commissioners authorized execution of another Water Slide Agreement with Splash-Down Concessions, Inc. pursuant to which Splash-Down Concessions leased a portion of Valley Mission Park for a subsequent term of ten (10) years to operate a water slide, with such lease terminating July 25, 2002; and WHEItEAS, The parties executed a replacement Agreement in 2002, for a period of five (5) years and said Agreement was conveyed to the City of Spokane Valley and subsequently the , 2002 Agreement terminated by its terms on July 30, 2007. NOW, THER�FORE, for and in consideration of the mutual promises set forth herein, the PARTIES hereto do mutually agree as follows: Section 1. Subject And Pu�ose - The CITY leases to LESSEE, subject to the terms and conditions herein contained, certain real property in Valley Mission Park located at 11423 East Mission, Spokane Valley, Washington, and more particularly described as follows: Splashdown Water Slide Agreement Page 1 of 11 ��,v-�� } - That portion of Blocks 72, 75, 76 lying South of State Highway and Blocks 78, 79, S 1 and 82 all in Pinecroft First Addition according to plat hereof recorded in Book "M" of Plats, Page 35, Spokane County, Washington. Together with that portion of vacated Johnson Street adjoining said Blocks. Except the West 110 feet of said Blocks 72, 75, 78 and 81; also, except the East 346.7 feet of said Blocks 76, 79 and 82; also except that portion of said Block 82 and vacated Johnson Street included within the existing tennis courts. Containing 2.56 acres more or less. Hereinafter referred to as the "Premises" for the purpose of constructing and operating only a water slide or slides and related landscaping uses. The LESSEE is granted a concession right to sell food, soft drinks, active wear and souvenirs on the premises consistent with operation of the water slide. The Lease Agreement for Parking Lot, executed August 7, 2001 between Spokane County and LESSEE, Spokane County Resolution number 01-0739, expired on July 25, 2007, and was not renewed. LESSEE and its clients are permitted to use the paved parking lots immediately adjacent to Mission Road (north and south) for purposes directly related to the operation and normal use of the waterpark, subject to all conditions set for�h in the Spokane Valley Municipal Code. The City reserves the right to designate spaces for specific uses which may place limitations on use by Splashdown. LESSEE is not permitted to drive outside of the parking lot area, such as on the grass or sidewalks, without specific written permission from the Parks Director. Section 2. Term - The initial term of this Agreement shall be for ten (10} years commencing on May 1, 2009, and terminating on April 30, 2019. This Agreement shall have two additional five year option periods, each of which may be renewed at the mutual option of the Parties. Provided, however, the renewal shall be subject to all provisions set forth herein. LESSEE shall indicate its intent to renew this Agreement by giving the CITY at least six (6) months written notice prior to the end of the initial term. , Section 3. Construction of Slide. A. LESSEE, at its sole expense, shall operate and maintain upon the Premises a water slide or slides, together with appropriate fencing, support structures, landscaping, splash pool, and all related facilities and equipment. No change or modification of the plans and specifications submitted by LESSEE to the CITY and incorporated herein by reference shall be made unless first approved by the CITY. If at any time during the life of this Agreement the LESSEE fails to use the Premises for the purpose of construction and operation of a water slide or slides, without first obtaining permission in writing from the CITY, this Agreement may at the CITY'S option, be terminated. Splashdown Water Slide Agreement Page 2 of 11 t B. If LESSEE desires to add additional flumes, apparafus or other recreational items or facilities other than those originally proposed, LESSEE shall first obtain written permission for the CITY at least ninety (90) days prior to the start of construction, and obtain all necessary permits related thereto. Section 4. Operation of Slide. A. During the term of this Agreement the LESSEE shall initiate, contract for and obtain in its own name and fully and promptly pay for all water, gas, sewer (except as set forth in Section 11), B. During the term of this Agreement, the LESSEE shall be responsible far refuse, electricity, heat, lights, power, telephone service, and all other public utilities of every kind furnished to the Premises throughout the term hereof, and all other costs and expenses of every kind whatsoever or in connection with the use, operation and maintenance of the Premises and all activities conducted thereon, and the CITY shall have no responsibility of any kind whatsoever for any thereof. C. LESSEE shall operate the slide for public use during such months and hours as it deems proper; provided, however, that hours of operation shall comply with all provisions as set for in Section 28 (Land Use Action) of this Agreement, such hours of operation which may be imposed in conjunction with any subsequent land use action, if any, or Spokane Valley Municipal Code provisions, which may be adopted, whichever is most restrictive. D. Any signage must comply with currently adopted City Code provisions. E. LESSEE shall not discriminate against any employee or applicant for employment, or patron on the grounds of race, color, sex, national origin, creed, marital status, age or presence of any sensory, mental or physical handicap or the use of a trained guide dog or service dog by a disabled person. Section 5. Fee. A. The LESSEE shall pay to the CITY for the initial and renewal terms of this Agreement, a lump sum lease payment as described: $40,000 annually for the first two (2) years; $43,000 annually for the next two (2) years; and $46,000 annually for the remaining six (6) years of the first term. At the end of the first ten {10) yeaz term, these payments will be reviewed and adjusted accordingly by consent of both parties. B. The yearly lease payment shall be paid in three equal installments, with the first due to the City on July 5, the second on August 5, and the third on September 5 of each season. Section 6. Slide Ownership — It is understood that the water slide is a proprietary product of the LESSEE. The CITY obtains no interest therein as a part of this Agreement and may not use any of its specific plans, structures or components without the express consent of LESSEE except as provided hereinafter. Splashdown Water Slide Agreement Page 3 of 11 r Section 7. Ownership of Improvements — All improvements and equipment placed on the Premises by LESSEE shall be and remain the property of LESSEE, and the CITY shall have no interest therein except as provided hereinafter. Section 8. Termination— In addition to all other rights and remedies, which the PARTIES may have herein or at law, the PARTIES may terminate this Agreement as follows: By LESSEE: This Agreement may be terminated by the LESSEE upon thirty (30) days written notice to the CITY upon the happening of any one of the following events: 1. The default of Spokane Valley in the performance of any terms, conditions or covenants herein required to be performed by the CI1'Y and the failure of the CITY to remedy such default within a period of thirty (30) days after the receipt from the LESSEE of written notice to remedy the same; provided, however, that no notice of termination as herein provided shall be of any force or effect if the CITY shall have remedied the default prior to the expiration of such 30-day period, or if the nature of such default is such that a period in excess of thirty (30) days is necessary in order for the CITY to cure the default and shall diligently continue its efforts to correct such default. In such event, the CTTY shall have such time as is reasonably required to cure the default. By CITY: This Agreement may be terminated by Spokane Valley upon thirty (30) days written notice to the LESSEE upon the happening of any of the following areas: 1. The failure of the LESSEE to make any payments of money as required hereunder after receiving ten (10) days written notice of its failure to pay such money. 2. Abandonment of the Premises by the LESSEE and/or die continuance of unauthorized conduct and operation of the business required hereunder for a period of five (5) consecutive days. Failure to operate the business as authorized herein would be considered abandonment. Provided, however, that the CITY understands and agrees that LESSEE'S operation is seasonal and closing the Premises for the season or interruptions in the operation of the water slide due to weather conditions or repairs shall not constitute an abandonment of the Premises. 3. The default of LESSEE in the performance of any terms, conditions or covenants herein required to be performed by the LESSEE and the failure of the LESSEE to remedy such default in a period of thirty (30) days after receipt of written notice to remedy the same. Provided, however, that no notice of termination as herein provided shall be of any force or effect if LESSEE shall have remedied the default to the sole satisfaction of the CITY prior to the expiration of such thirty (30) days is necessary in order for LESSEE to cure such default, and Splashdown Water Slide Agreement Page 4 of 11 LESSEE shall have commenced to cure the default and shall diligently continue its efforts to correct such default. In such event, LESSEE shall have such time as is reasonably required to cure the default. Section 9. Removal of Improvements. A. In the event of termination of the lease under Section 8 as provided herein, the PARTTES shall have their remedies according to law and in addition shall have the following remedies: By LESSEE: In the event of termination by LESSEE, and except as provided herein, LESSEE shall have the right to remove the water slide, removable supporting structures, buildings and other improvements placed upon the Premises by LESSEE at any time within 120 days after such termination. LESSEE shall restore the Premises to its original condition during the same time frame allowed for removal of the structure. By CITY: In the event of termination by Spokane Valley as provided herein or at the end of the term of this Agreement, the CTTY shall have the right for a period of ninety (90) days after termination to purchase the water slide, support structures, buildings and other improvements from the LESSEE at a price to be mutually agreed upon. In the event the CITY shall not exercise its right to purchase the water slide, support structures, buildings and other improvements within the ninety (90) day period, the LESSEE shall remove the same within 120 days after the expiration of such period and restore the Premises to its original condition during the same time frame. B. In the event of a termination for any reason provided for herein, and the LESSEE does not remove the water slide, supporting structures, building and other improvements placed upon the Premises by the LESSEE within the time frames set forth h�rein, the CITY may at its option, (1) on the payment of one dollar ($1.00) take title to said property; or (2) dismantle, remove and store such property at a location convenient to the CITY and charge to the LESSEE a fee for dismantling, removing, transporting and storing said property. Section 10. Waste and Nuisance Prohibited - During the term of this Agreement, LESSEE shall comply with all applicable laws affecting the Premises, the breach of which might result in any penalty on the CITY or forfeiture of the CITY'S title to the Premises. LESSEE shall not commit, or suffer to be committed any waste or nuisance on the Premises. Seetion 11. Sewers. The Parties agree to the following allocation of costs with regard to sewer: A. Sewer Capital Facilities Rate: LESSEE shall be responsible for paying all Sewer Capital Facilities Rate charges (i.e. ERU's) allocable to LESSEE'S use of the Premises. B. LESSEE shall pay all constructi�n costs incurred to connect new service, increase service due to expansion of the water slide facilities, and to maintain sewer service. Splashdown Water Slide Agreement Page 5 of 11 LESSEE shall, at their expense, install an additional water meter(s) to measure the flow of water entering the sewered portion of the Premises. C. LESSEE shall re-pay the City all amounts previously owed for General Facilities Charges (GFC), $5,818.75, prior to July 30, 2010. D. LESSEE shall hook up to sewer when required by Spokane County, or when the City, as the owner of the property, is notified by Spokane County that hookup is required. E. LESSEE shall pay all monthly sewer charges allocable to LESSEE'S use of the Premises. Section 12. Notices. A. All notices, demands, or other writings in this Agreement provided to be given or made or sent or which may be given, or made or sent by either Party hereto to the other, shall be deemed to have been fully given or made or sent when made in writing and deposited in the United States mail, certified, postage pre-paid and return receipt requested, and addressed as follows: To CITY: City of Spokane Valley, Attn: City Manager 11707 East Sprague Avenue, Suite 106 Spokane Valley, Washington 99206 To LESSEE: Splash-Down Concessions, Inc. 2922 South Manito Boulevard Spokane, Washington 99203 B. The address to which any notice, demand or any other writing may be given or made or sent to any Party as above provided may be changed by written notice given by such Party as above provided. Section 13. Insurance. The LESSEE shall procure and maintain for the duration of the Agreement, insurance against claims for injuries to persons or damage to property which may arise from or in connection with the LESSEE's operation and use of the leased Premises. No Limitation. LESSEE's maintenance of insurance as required by the agreement shall not be construed to limit the liability of the LESS�E to the coverage provided by such insurance, or otherwise limit the CITY's recourse to any remedy available at law or in equity. A. Minimum Scope of Insurance Lessee shall obtain insurance of the types described below: 1. Commercial General Liabilitv insurance shall be written on Insurance Services Office (ISO) occurrence form CG 00 O1 and shall cover premises and contractual liability. The CITY shall be named as an insured on LESSEE's Commercial General Liability insurance policy using ISO Additional Insured- Splashdown Water Slide Agreement Page 6 of 11 Managers or Lessors of Premises Form CG 20 11 or a substitute endorsement providing equivalent coverage. 2. PropertX insurance shall be written on an all risk basis. B. Minimum Amounts of Insurance LESSEE shall maintain the following insurance limits: 1. Commercial General Liabilitv insurance shall be written with limits no less than$1,000,000 each occurrence, $3,000,000 general aggregate. 2. Pro e insurance shall be written covering the full value of LESSEE's property and improvements for their full replacement value with no coinsurance provisions. C. Other Insurance Provisions The insurance policies are to contain, or be endorsed to contain, the following provisions for Commercial General Liability insurance: 1. The LESSE�'s insurance coverage shall be primary insurance as respect the City. Any insurance, self-insurance, or insurance pool coverage maintained by the CITY shall be excess of the LESSEE's insurance and shall not contribute to it. 2. The LESSEE's insurance shall be endorsed to state that coverage shall not be cancelled by either party, except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the CITY. D. Acceptability of Insurers Insurance is to be placed with insurers with a cunent A.M. Best rating of not less than A:VII. E. Verification of Coverage LESSEE shall furnish the CITY with original certificates and a copy of the amendatory endorsements, including but not necessarily limited to the additional insured endorsement, evidencing the insurance requirements of the LESSEE. Section 14. Indemnification and Hold Harmless. LESSEE shall defend, indemnify, and hold harmless the CITY, its officers, officials, employees and volunteers from and against any and all claims, suits, actions, or liabilities for injury or death of any person, or for loss or damage to property, which arises out of LESSEE's use of Premises, or from the conduct of LESSEE's business, or from any activity, work or thing done, permitted, or sufFered by LESSEE in or about the Premises, except only such injury or damage as shall have been occasioned by the sole negligence of the CITY. Section 15. Attorney's Fees - If any action at law or in equity shall be brought to enforce the provisions of this lease or to enforce or interpret any of the covenants, terms, or conditions of Splashdown Water Slide Agreement Page 7 of 11 this lease, or for the recovery of the possession of the Premises, each Party shall pay all of their own attorney's fees. Section 16. Repairs• A. LESSEE shall, throughout the term of this Agreement, at its own cost, and without any expense to the CITY, keep and maintain the Premises, including ALL buildings and improvements of every kind which may be a part thereof, and all appurtenances thereto, including sidewalks adjacent thereto, in good, sanitary and neat order, condition and repair. The CITY shall not be obligated to make any repairs, replacements, or renewals of any kind, nature, or description, whatsoever to the Premises, or any buildings or improvements thereon. B. The LESSEE shall control all rodents and other pests that may be on or in the Premises during the term of this Agreement. C. The LESSEE shall provide trash and gazbage receptacles and have refuse removed from the Premises on a regular basis. D. The LESSEE shall remain in compliance with all applicable laws and regulations promulgated or enforced by Spokane Regional Health Department. Section 17. Insolvencv or Bankruptcy - If LESSEE becomes insolvent, voluntarily or involuntarily bankrupt, or if a receiver, assignee or other liquidating officer is appointed for the business of the LESSEE, then the CITY may terminate this Agreement. Section 18. LESSEE'S Emplo,� - LESSEE shall conduct a background check on all employees working at the water slide or any concessions operated on the Premises. LESSEE shall ensure that each employee presents a neat and clean appearance in person and in dress while on duty on the Premises. The LESSEE shall take immediate remedial action, which shall include termination in the event any of LESSEE'S employees conduct themselves in an improper or inappropriate manner while on duty. Section 19. Liens - LESSEE shall keep the Premises free and clear from all mechanics' and materialmens' and other liens from work or labor done, services performed, materials, appliances, teams or power contributed, used or furnished or to be used in or about the Premises for or in connection with any operations of LESSEE, or any alteration, improvement, repairs, or additions which the L�SSEE may make or pernut or cause to be made, or any work or construction by, for, or permitted by LESSEE on or about the Premises. Section 20. Compliance with Leasehold Excise Taa�. A. LESSEE hereby acknowledges that to the extent this Agreement is subject to the "leasehold excise tax" as set forth by RCW 82.29A as now or hereinafter amended, the same shall promptly be paid by the LESSEE, in addition to the fees set forth in Section 5 of this Agreement. Splashdown Water Slide Agreement Page 8 of l 1 B. LESSEE agrees to promptly pay when due all taxes, rates, charges and assessments, special or otherwise and public charges of every kind and nature which may be lawfully imposed or assessed in any way on fihe LESSEE with reference to the Premises. The LESSEE further agrees to pay promptly when due all taxes imposed on LESSEE as a result of the services provided upon the Premises, including but not limited to, all sales, business, occupancy and use taxes. C. LESSEE shall also comply with and abide by all federal, state, county, municipal and other governmental statutes, ordinances, laws and regulations affecting the Premises, the construction, operation and maintenance of the water slide thereon, the improvements thereon, or anx activity conducted on or in such Premises. Section 21. Non-Liability of CITY - Theft, Burglarv or Vandalism - The CITY shall not be liable in any manner for any loss, injury or damage incurred by the LESSEE from any acts of theft, burglary, or vandalism. The LESSEE shall be responsible for providing all expenditures relating to any security precaution that LESSEE deems necessary for the safety of the personnel, guests, employees, patrons, or users of the premises, or property of LESSEE located on the Premises. The LESSEE shall implement security measures sufficient to secure the Premises after hours and prevent unauthorized use. Section 22. Relationship of the P�RTIES. A. The PARTIES intend that an independent LESSEE relationship will be created by this Agreement. The CITY is interested in only the results to be achieved, and the conduct and control of the services will lie solely with the LESSEE. The LESSEE will be solely and entirely responsible for its acts and the acts of its agents, employees, servants, sub-lessee or otherwise during the performance of this Agreement. B. In the performance of the services herein contemplated, the LESSEE is an independent Contractor with the authority to control and direct the performance of the details of the work and provisions of the services, the CITY being interested only in the results obtained. However, the services contemplated herein must meet the approval of the CITY and shall be subject to the CITY'S general right of inspection and supervision for the purpose of determining whether the services are being performed in accordance with the specifications set forth herein. C. No agency, employment or partnership is created by this Agreement. LESSEE'S business is separate and apart from that conducted by thc CITY. Neither Party will have authority to act for the other in any obligations or expenses whatsoever of the other Party. Section 23. Venue Stipulation - This Agreement has been and shall be construed as having been made and delivered within the State of Washington and it is mutually understood and agreed by each party hereto that this Agreement shall be governed by the laws of the State of Washington, both as to interpretation and performance. Any action at law, suit in equity, or judicial proceeding for the enforcement of this Agreement or any provision hereof shall be instituted and maintained only in any of the Courts of competent jurisdiction in Spokane County, Washington. Splashdown Water 51ide Agreement Page 9 of 11 Section 24. Assienment - Each Party to this Agreement binds themselves, their partners, successors, executors, administrators, and assigns to the other Party of this Agreement and to the Party's successors, executors, administrators and assigns of each other Party with respect to all terms, conditions and covenants set forth herein. The LESSEE may not assign, transfer in whole or in part its interest in this Agreement without the same being first authorized by resolution or motion of the City Council. A decision by the City Council to provide consent or denial shall be communicated to the LESSEE within a reasonable time frame not to exceed thirty (30) calendar days of written request. The City Council's decision shall be made considering, among other factors, the financial stability, experience in operatinglowning water slides and related recreational facilities, and ability to meet conditions within this Agreement. In the event of an assignment, the assignee shall assume all liability of the assignor. Any unauthorized voluntary assignment or sub-lease shall be void, and shall terminate this lease at the CITY'S option. Section 25. Waiver - No officer, employee, or agent of the CITY has the power, right or authority to waive any of the conditions or provisions of this Agreement. The waiver of any breach of this Agreement shall not be held to be a waiver of any other or subsequent breach. All remedies afforded in this Agreement or at law shall be taken and construed as cumulative, that is, in addition to every other remedy provided herein or by law. The failure of the CITY to enforce at any time any of the provisions of this Agreement or to require at any time performance by the LESSEE of any of the provisions hereof, shall be in no way construed to be a waiver of such provisions, nor any way affect the validity of this Agreement or any part hereof or the right of the CITY to thereafter enforce each and every such provision. Section 26. Modification - There shall be no modification of this Agreement, except in writing, executed with the same formalities of this present instrument. Section 27. Severabilitv. A. It is understood and agreed by the PARTIES that if any part, term or provision of this Agreement is held by the Court to be illegal, the validity of the remaining portions or provisions shall not be affected, and the rights and obligations of the PARTIES shall be construed and enforced as if this Agreement did not contain a particular part, term or provision held to be invalid. B. If it should appear that any part, term or provision hereof is in conflict with any statutory provisions of Washington, then the part, term, or provision hereof which may conflict therewith shall be deemed inoperative and null and void insofar as it may be in conflict therewith, and be deemed to modify to conform to such statutory provisions. Section 28. Land Use Action - The LESSEE shall comply with all provisions of the Findings and Order in the Matter of Reviewing the Administrative Action of the Spokane County Zoning Adjuster Decision to Approve Conditional Use Permit No. CUE-5-83; Splash-Down, Inc., dated May 16, 1983, or such other land use conditions required in conjunction with the use of the Premises. Splashdown Water Slide Agreement Page 10 of 11 Section 29. Time of the Essence - Time is of the essence of each and every provision herein. SecNon 30. All Writing Contained Herein- A. This Agreement contains all the terms and conditions agreed upon by the PARTTES. No other understandings, oral or otherwise, regarding the subject matter of this Agreement shall be deemed to exist or to bind any of the PARTIES. In the event any language in an attachment which has been made part of this Agreement conflicts or appears to conflict with this document, it is expressly agreed by the parties that this written Agreement shall control in the resolution of any such disputes. • B. The LESSEE has read and understands the whole of the above Agreement and now states that no presentation, promise or Agreement not expressed in this �greement has been made to induce the LESSEE to enter it. Section 31. Exhibits— A. Insurance certificates. B. Findings and Order in the Matter of Reviewing the �dministrative Action of the Spokane County Zoning Adjuster Decision to Approve Conditional Use Permit No. CUE-5-83; Splash-Down, Inc., dated May 16, 1983. IN WITNESS WHEREOF, the PARTIES have caused this Agreement to be executed on the date and year set forth above. CITY OF SPOKANE VALLEY: SPLASH-DOWN CONCESSIONS, INC.: ,�,��!�(yi�.l.G4Z. David Mercier, City Manager �'��= ��ti�itle: �s. F.�.r Tax ID No. �— �� ATT �� istine Bainbridge, ity Clerk APPROVED AS TO FORM: a • . � Office the City A ey Splashdown Water Slide Agreement Page 11 of 11 06/03/2009 12:94 4809817176 KILLEEN ASSOCIATES PAGE 01 . =-, �°y" ��p�,��- A�R'°� CERTIFICAT� OF LIABIL1Tlf iNSURANCE si3i2oo� PROOtlCER (qgQj g�2-1450 FAX: (490)922-1349 YHIS CERTiFfCA7E 19 139UED AS A MATT�R O� INFORMATtON ONLY AND COMFER3 NO R1GiHTS UPCN THE CEF2'I1FtCATE GLS Iz�suxazic� Aqency HD�DER. THIS C�RTIFlCATE DOES HOT AMF�lD, D(7END �R 1745 S Alma Sc�,00l. Rd ALTER THE COVERAGE AFFORDED BY THE POLIGIES BELOW. 3uite 245 Mesa AZ 85210-3013 __ ItdSURERS AFFORDING COVERAGE NAIC# _ .. ...... ..__�. _ ....._... ... . .._. .._...--•.--• .__.. . . INSl1RED INSURER A:CeL�in Vnder�riters at Bplash Doovs� CanaeBSians, Inc. , DHA: 3plash INSURERB: __ __ ' �--- � 2g22 $ M�IIltO BZV� �SURER C: ......�_.�.�_..._...._ . .... IHSUR6P 6: .. ..._.._. � _....----..._... .. ...._...._ .. . . .. Spokane WA 99203 INSUR�tE ��f��$ THE POLICfES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSUREO NAMED A60VE FOR TME POLIGY AERIOD INDiCAI'�D.NbTVJCTF�.STAN DING pM PERTARN,THE INSURRANCE AFF�DED BY THE PaL1Cl�5 D�SCR�BEO ERE1N 15 S e ECT TO ALL THE TERM5,EJCCLUSlaHS�ANDTCO DITIOIJS OF SUCH POLICIES.AGGREGAT6 LIMiTS 9H01NN MI►Y HAVE BEEfV i�EOUCED BY PAID CIAIMS. __.,_„ __, INSR D �'---• . ..»».. Pal1CY NlIM9ER LICY EFF�C�IVE POLICY qXP1NATl LdMITb ��un, F1IGNOCCURRENCE S 1 000 OQ4 7C COMMERCIAL OENERAI.l��m' pRb�EM�ISF...�9 x�FvT9�e1 $ l��.l�� ,p, X CtAIMenMDE �X� occuR oaabx9 5/3a/2009 5/30/2010 a�0� aw�!+> s, „_,... ..1,,000. a�sonw��aov a�uAr S 1 000,000 ------.. ...�. .._._ OENERAL AOGAEGA�E, , _ S_.__2a 000,_„00 �GEIV't AGGREGATE LIMIT APPLIES PER� PRODUL'TB-COMPIOP AGO�8 __. 2,000,000 �X POtJGY P a LOC AUTOMOBILE UA6IUTY C0�+�91NED S�Ne,L�UM1T �s � ANY AUTO {Ea acdd�r�t? � , - -- A�L O�ED AuTOS (` 60DILY INJURY I S � SCHEOULEDAUTO6 R�v��V'} �) I fPeraerecnl __. ..a. ... ... Hft2E0 AUTOS ('� � aaaaY n�uui�' g PION-0WNEDAU703 �� O� �U � (PeraedtlenQ i � � PR�PERTY OAMAGE wy - �" � � &RECREATI N DEP7� ' �°f°"'�`'�� caRatiE uae�uTY � i AUTO oNLr�Eu AccIDETtT S I �ANY AUTO � A�b� FJ1 ACC �,,_ - � AGG 3 � EI(CE3S!UTIBftELIA LIABILITY I FACN 4CCURRENCE S _,. 1 GCCUR �CWM9 MAOE AGGi?bGATE ! I -- - g i � o�oucTia� -� �- ' s IiET�NT10a i yyC grqN. pT}{. {�ypq,��R$G06SPPNSATION Qij�L41MQ5 - AND EMPI.OlrER3'W161UT'� Y 1 N E.L EACN ACCI4ENT S q{vy pRQPRIETORlPARfNERIFXEGUTjVE� " pFF1GERMEpA2ER IXCLUOED7 E.L 013EA9E-EA EMPI.OYE 3 �Mendetary tn NW� i Ny�+ tlnur�e unCe� E.L DISfA9E-PQLICY lIM1T 7 3 BP��IAI PROVIS 6 3 6efow Os►�ER � DESCWP'T10N OF bPERATIONSI LOCATION3JYEHfCIES f E7�CLUSIONSAODED BY E►rDORS�NTf SPECIAL PRO�IB�CN9 CmrtificatA ho1C;9r named adBitio7anl inaused with �*specta to thA gxamia�e leased at 11127 8. Miseioa Rve, 8pokaDA, �►, $9206. CERTIFICATE NOLDER CANCELLATION 9HOUL��F TME��ti�C�E9 SE CAkCELIFD BEFCR�T►IE EltPIRA1i0N city of spokasie va2ley DATE T11eReoR.Tne 19SUfN6 INBIf(�R iMll.ENNaFAV�R TO MAtL 3� DAVS 1AlRiriEN 117 07 E. Spokane Pxve. NO�+cE ra�ec�maCnte Ho�Ett riaaten r��+E�r��rr F�a.ur�Te oo co sNQI 1 3pokane Valley, WA 992 b 6 �MPOSE NO 08UGA71Oti Oil LIA�iLI'TY OF ANY IdHO UPON TkE[NBURER,ITS AO�RS OR a� rivee. AUTXOR�REPRfi9ENTA7N� � Ti.m Killoen/TIM ��}''��/s r` �- ACQRD a5(2009101) �1988•��ACORD CORP0�171GN. AH rights reeerved. MSOZ5�zooso�) The ACORQ�ame and logo are re�[atered marks of ACORD , 06f03/2009 12:64 4809817176 KILLEEN ASSOCIATES , - PAGE 02 IMPORTANT If the certificate holder is an ADDITIONAL INSURED, the paiicy(ies) must be endorsed. A staterri2M on this cer6ficate does not ooMflr tights to the o�rtificate holder in fleu ai such endorsemerrt(s), If SUBROGATION IS WAIVED, subject to the terrs�s and conditions of the policy, oertain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement{s). oiscu�r��R This Certificate of Insurance does not constitute a confract between the issuing insurer{s), auHttorized representative or producer,and the certificate holder, nor does it afflrmativeiy ar negetivery emend, extend or alter the covgrege aifdrded by the policies listed thetecn. ACORD 25(2009IO1) INSOZ5 fzoogo�l 061�31��9 �2:0� �809817I76 �ILLE�N �50CIATES PAGE �3 A�dit�on�l N�med Insur�ds Oth�rl�lamed Insureds Splash bGu+r� Family 1Gater�si�x3e 'oainq SuSiYfe�: 3L5 5rlasri Dawn eamilp W�Cerpaxk ❑oing Huaine5s Aq splaeh Dawn Fas�l.J.y �caterpaxk 5 Goz'po=ation, Deing H�siness Aa 5plash �vwn Fami,ly Wat�cpark Da.tnq Suain�s3 As 5pi1Sh p4wo F'as�.ilY W9��x�sask �aintJ HUSilb�98 �.8 oF,�PP��F(nzrzao�y coF��wr zaar,aa�s sF�Vlc�s iNc • ZONING ADJUSTOR . � SPOKANE COUNTY, WASHINGTON IW THE MATTER OF CUE-5-83; SPLASHDOWN, ) FINDINGS OF FACT, DECISION INC. - COMMUNITY WAT�RSIIDE AND OFF- ) AND CONDITIONS STREET PARKING FACILITY ) THIS MATTER, Being the consideration b the ZoninQ A�ustor of 5pokane County, approving the application (CUE-5-83�, for the purpose�of establishing a community waterslide, concessions and off-street parking fac9lity, herein- after referred to as the "Proposal", and the Zoning Ad�ustor of Spokane County having held a public hear9ng on April l, 1983 and having fully considered all testimony presented thereat, and further having visited the site and vicinity in question, and having rendered a decision on the 6th d�y of April, 1983, � approving said proposal, does hereby make the followina: FINDIN6S OF FACT l. That the proposal is generally located 1n Va]ley Mission Park, east of Pierce Rvad, ad�acent and north of Mission Avenue. Parking area is south of Mission Avenue. Parcel N's 09543-0606 and 16542-0320. 2. That the proposal consists of a condit9onal use request for a com- munity waterslide, hot tubs, and small concession area as well as a conditianal use request for an associated 228 car off-street parking facility across Mission Avenue from the slide and park area. � • 3. That the adopted Spokane County Generalized Camprehensive Land Use Plan indicates Urban usage of the area encompassed by the proposal. 4. That the slte is zoned Agriculturat-Suburban and Agricultural. ' 5. That the existing land uses in the area of propasal include the exist- ing Valley Mission Park, single family residences to the south of the parking area, multiple family residences to the southeast, single family res9dences to � • the west and the park and Interstate 90 to the north. 6. That the applicant suhmitted an Environmental Checklist which was re- viewed by the Zoning A�ustor and a Prellminary Declaration of Non-5ignificance was issued for this pre�ect on March 15, 1983. The Proposed Declaration was circulated to thirteen local and state agencies for comments and cancerns re- _ garding the oroposal. No agencies have recomnended that the Proposed Decl,aration be chanqed. i ` 7. The applicant has entered into a lease agreement with Spokane County . �� which allows for the operation of the waterslide activity on County property sub- ,�ect to certain conditions. � 6. That the wateslide activity is proposed to operate on 100 day seasons beginning on Memorial D�y (May 30) and concluding on Labar Day. The daily operation of the slide activity would run from 10 a.m. to 10 p.m. 9. To handle traffic at the park, the app]icant proposes development of a parking area of initially 2.5 acres which mqy be expanded ta 5 acres if warranted by parking demand. 1D. That the proposal is a Conditional Use within the Agricultural-Suburban zone under Sections 4.24.300 and 4.24.310 of the 5pokane County Zoning Ordinance. Additionally, the praposed uses comply with the dimensional and location standards for these uses as noted in Zaning Ordinance Provision 4.24.300 (a) (2) (1); mini- `�'� mum lot size: 12,500 square feet, and 4.�24.310 (b) (1); m9nimum lot size; 7,500 square feet, (b) (2) [the parking area must abut or be directly acrass the street from the property served 6y the parking area]. 11. Pub11c testimony from rtwre than a dozen resddents voiced strong concern over the development of the waterslide and parking facility. Ch9ef concerns were that the proposal is a comonercial use in a residential area. The parking lot which 1s located near residential uses will not be compatible with them due to noise, littering, lights and substantially increased traff9c. � . �� , , -- 1 FINDINGS aF FACT, DECISION AND CONDI7IONS CUE-5-83 PAGE 2 12. The description of the proposal establlshes that the proposed water- s7ide facility is primarily a recreational venture consistent with other park and playqround activities.. Further, this use has 6een found in keeping with the Spokane County Comprehensive Land Use Plan as indicated by a memo dated March 31, 1983 from the Spokane County Long Range Planning Administrator, 13. The Zoning Ad�ustor notes that pubtic testimony further indicated the park's present uses of a softball field, swimming poo1, picnic area, tennis . courts, etc.. already utilize most of the exist9ng parkina capacfty at the park during the spring, summer and fall. 14. The Zoning Ad,�ustor finds that the waterslide would contribute ed- ditional amounts of new traffic to'the irmrediate area which requires that a properly paved, fenced and landscaped parking facility be constructed to handle the anticipated traffic and parking needs as noted in the conditional use standards (4.24.300 62, b4 and 4.24.310 b5-9). � 15. That vehicular and pedestrian access to the site is proposed to be re- viewed and controlled by the 5pokane County Engineer's Office. The Engineers ° Office has further made recommendations for this use tu promote the public � health, safety and generaT wel�fare 1n its 9nitial operation. � 16. That the State Department of Social and Health Services has indicated � that the applicant must conform to State Wastewater Disposal regulations and construct all necessary facilities to properly dispose of this wastewatcr gen- erated by this use. 17. That is is difficult to predict in advance exactly the�traffic, park- inq and use demands created by the proposal as there has been no previous experience with this use in Spokane Caunty, 18. That to maintain compatibility of the project with ad�acent uses, the profect sfioutd be acCntnistratively reviewed by the Zoning Administrator after the initial season to determine if other reasonable conditions or 1lmitations should be attached for the continued use of the waters]ide and parking facility. ' 19. That the proposall, except as provided herein meets all current standards of the Spokane County Zoning Ordinance for this use. 20. That the proper legal requirements for advertisin9 of the hearing be- fore the Zoning Ad,iustor of Spokane County have been met. , DECISION ' � t From the faregoing Findings. a review af the Planning Oepartment File No: ., CUE-5-83, testimony at the public hearing,.and a site v9s9t, the Zoning Adgustor " hereby in approving the proposal makes the follawinq conditions: Prior to occupanc.v permit rPlease and authorized use of the proqosed_ ac ty, t e app can s��l : A. COUNTY PLANNING DEPARTMENT 1) Submit a finalized development and parking plan for approval to the Planning Department indicating the type of recreational facilities established and all proposed structures to.be uti]ized in connection ' with the facility. 2) The existing parking area in Valley Missiorr Park shall be striped for ' parking in acCOrdance with the Final Develapment Plan. 3) The parking area south of Mission Avenue shall: a) Be developed in compliance with setback requirements and be fully � paved and striped, b} Be developed with a 6' sight obscuring cyclone fence along the paved areas easterly� westerly an'd southern borders. c) The applicant provide and develop an evergreen and ground cover landscape plan for the front yard alonq Mission Avenue and side yard areas of the southern parking facility. d) The appiicant is responsible.to control dust, litter and other , waste in the parking facility during seasonal operation. J't .-.__... ._.__..� __ . __ ' 1 `L // ' Applicetion#; 5��. i Auditors'Recordir. ?; . CERTIFICATE OF EXEMPTION Title Notice � Spokene County Div(sion of Building and Ptanning 1026 W.Broadway Ave. Spokane,WA. 99260 i � Existing"parenY'tax parcel number(s) 45162.03zo _ Site address or frontage road name b��&�.t�:, Ri�er.ce Road Public road [� Private road O Private driveway ❑ Auditors recording#; legal description - Section /� Townshlp �,S" Range �� The West half of Tract 10 of OPPORTUNITY as per plat thereof recorded in Volume "K" of Plata, Page 20; Situate in the County of Spokane, State of Washinqton. , continuad on badc � Total exfsting acreage 8•�g New property size 4.42 Current zoning UR�3.5 Comprehensive Plan category (wodq Name of appllcant Modern Electric water co. phone Number �noma? 928-4540 Mailing address P• o. Box 14008 City Spokane Stat6 WA zip 99214-0008 I certtfy that I as owner or authorized agent have examined this document and state that the in(ormaUon contalned in it and submitted by.me ar my agent to complle sald document is true and correct,and aulhorize Spok�ne County to procesd with processing. In addiSlon, I have read and understend the provislons contalned hereln and agree to � cflmply with them. I understsnd that the issuance ot lhis exemption le not intended to verity that adequate provislons have been made for dralnage ways,potable water supplies,roads and sanitary wastes, Any subsequent approval based on this exemptlon shall not be construed to give auihority to vlolate or cencel the provlslons of any stete or local law. N10DIIiN LEC VdAT C . Applicant sY:�, � Date ��-`��' MTCH�R. B x .R. ENER�1� Ml1NAC�R Staff Use Only This Certificate of Exemption Issued pursuant to section �,t-I/�f? �_of tha Short I • Subdivision requlrements for Spokane County and RCW 66.17 is intended to indicate if the property as described is exempt from the State and Local Subdivislon laws which regulate the sale,lease or transfer of ownership of property and is subject to the following conditions and/or findings: . 1. NOTICE TO PURCHASER-Thls plece of property may not have appropriate prdvis3ans for potabie water supplies(drinking water),sanitary wastes(septic tank or sewer), dratnage ways,streets or road,alleys or other public ways. Spokane County Is not responslbie for making provistons for the above-stated items. If ihis property Is served by a prlvate road,Spokane County is not responsible for improving or malntaining said private road. 2. For property creeted via this exempBon,tha applicant shall flle a 5egregatfon Applfcadon with the County Assessor prlor to the issuance of a buflding pormik 3. This Certificate of Exemptlon Is for end shall run wlth the land,and shall be appllceble to the eppiicant, awner,helrs,successors ar assigns. 4. The use of thf�property musl canform to the Zon(ng Code b. The following conditlons shall also appty conlinued on back The required information has been submitted to the County Eng(neer. By Date Dfvlslon of pglneedng �8 APPROVED C7 DENIED �3 • B � Date Divle o u�jAing 8 Plenn RELATED FILES: Receipt#: �C��j� 12/10l98 , � . 1� . __ ' � , � E . p � , � I . - . • ... . .�y�'. : . ' . . . , , . . . a -. .�>�.e�> . . :�i �. vr .e.J ..s r... �..� .� � I 1 .I �(W J y .. �.i�L a .x.2.-�� 4a.9 � ' — `y ' I :�. i . �—~��,� � .� � � ;� N ' u S(,•�,N�N�� I k -'�a��3� !-+ b `�:�.�. o y y ` , _ �' I , � ?� � ��.y�s� � I C1 � " � �"' - � ^ � 9 4 � �" � � • t N :. 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Spaka�ne Ave. Non�E�nrr►e aEimRCATE Ft01.P�R NaMeo ro rnE�EFT,6U7 FAIWF�TO�O 809HA�L �jp]S�,Y�Q �73�.1Ay� WA Q92�6 �MpagE NO OBLICrA710N OR I�AB�LRY OF ANY 10ND UPON TNE�N$IIREIi,ITS AG6NT3 OR RPPRESENTA71YE8, Al1TNORIZED REPR63HNTA71Y8 Tim Killeen/TIM `�� ACORD�S(2009f01) �71988•2009 AGORD CORPORATION. Afl rlghls resarved. INS025 c2oa�o>> The ACORD nalme and logo erd�'egf9tered marks of AGORD 06/1612009 12:1F 4809817176 KILLEEN ASSOCIATES -- PAGE 02 III�pORTANT If the ��ificate hold�r is 3n AdDITIOI�fAL INSURED, Ute policy(ies) must be endorsed. A statement on this certificate does nat confer rights ta tne ceRi�cate holde�in lieu of such endorsement(s). If SUgROGATION IS WAII/ED, subject to the terms and conditions of the po��aY, ce�ain policies may require an Andorsement. A statemerit on tt�is Certffcate does not confet righis to thA certifiCate holdpr in lieu Of such�ndorsement(s). DISCLAIMER This CeRficate of Insurance dces not constitute a oontract between the issuing insur flVel amended representative or produ�r,and�e certiffcate hoider,nor does�t affirmatively or nega' y extend or alter the cove�age afForded by the poliCies listed thereon- ACORD 26(�009f01) 06/16/2009 12:1� 4809817176 KILLEEN ASSOCIATES PAGE 03 Additional Named insureds Othar Named Insured9 ;pla�h notvn Famiiy WaGezpark Doinq r3uainess Ra Ooirig busiriEEB Aa ,pJ.aeH DouTn EamiJ.y WatexQark Splash nown Family i�taterPark S CorQoration, Doing gusinAss �8 Splash Doan Family �aterpark Dot.ng Bu5lnese AS Spla.sh Down ��ily waterperk DO,inq Busl.ness AS COPYIZiGHT 2007,AMS SERVICE3 INC OFAPPINF(02/2U0� P:\Clerk\AgendaPackets for Web\agendapacket OS-15-12\Sb Splash Down comparison of aquaticfacility attendance numbers 2009-2011 CITY OF SPOKANE VALLEY,WA 5/8/2012 Local Municipal Swimming Pool Attendance Figures Forthe 2009 through 2011 Seasons S okane Count Cit of S okane Cit of S okane Valle Totals for Local Munici al Pools #Change %Change #Change %Change #Change %Change #Change %Change Cummulative from from from from from from Total from from %Change Previous Previous Previous Previous Previous Previous of All Previous Previous from 2009 2 Facilities Year Year 6 Facilities Year Year 3 Facilities Year Year Customers Year Year to 2011 2009 37,054 --- --- 70,228 --- --- 33,688 2010 32,114 (4,940) (13.33%) 149,844 79,616 113.37% 35,910 2011 41,924 9,810 30.55% 123,850 (25,994) (17.35%) 36,484 summary --- --- 140,970 --- 2,222 6.60% 217,868 76,898 54.55% 574 1.60% 202,258 (15,610) (7.16%) 43.48% S lashdown #Change %Change Cummulative from from %Change Previous Previous from 2005 Customers Year Year to 2011 2005 41,745 41,745 --- 2006 32,864 (8,881) (21.27%) 2007 27,369 (5,495) (16.72%) 2008 28,432 1,063 3.88% 2009 21,541 (6,891) (24.24%) 2010 18,279 (3,262) (15.14%) 2011 17,127 (1,152) (6.30%) (58.97%) (Splashdown cummulative change from 2009 to 2011 is (20.49%) ) 1 CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: May 15, 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: Advance Refunding of 2003 Limited Tax General Obligation (LTGO) Bonds. GOVERNING LEGISLATION: State and Federal law. PREVIOUS COUNCIL ACTION TAKEN: None. BACKGROUND: In 2003 the City of Spokane Valley issued $9,430,000 of LTGO Bonds for the purpose of constructing CenterPlace and making necessary road and street improvements surrounding the facility. • The road and street improvements portion of the project accounted for $2,430,000 of bonds issued at rates ranging from 2% to 5% that are to be repaid in 20 annual installments running from 2004 to 2023. The City makes the annual payment on this portion of the bond issue with 1S` and 2nd quarter percent real estate excise tax (REET) revenues. • The CenterPlace portion of the project accounted for $7,000,000 of bonds issued at rates ranging from 2% to 5% that are to be repaid in 30 annual installments running from 2004 to 2033. The City makes the annual payment on this portion of the bond issue with distributions we receive semi-annually from the Spokane Public Facilities District. Since the 2003 LTGO Bond issuance, market rates for new bond issues have fluctuated dramatically up and down and we now find ourselves in a position where rates are very favorable for an advance refunding where the City can issue new 2012 LTGO Bonds at a lower interest rate, the proceeds of which would be used to retire the 2003 LTGO Bonds. The concept here is similar to refinancing a home mortgage to take advantage of lower interest rates and reduce a monthly payment. It is important to keep in mind that the interest rate a municipality pays on a bond issue is determined not by the issuer, but by the market, and that market conditions are always changing. Consequently, a computation of potential savings that are run based upon market conditions that exist today will yield different results tomorrow. With that said, if the present value of savings on a new bond issue exceeds 5%, then most municipalities will move towards an advance refunding. P:ICIerklAgendaPackets for Weblagendapacket 05-15-1216 RCA LTGO Bonds.docx 2 Based upon figures run on April 25, 2012 by Mike King, a bond underwriter with D.A. Davidson, the savings from an advance refunding would be as follows: • For the road and street portion of the 2003 LTGO Bonds there would be a total savings in payments of$156,278.33 that would be realized over the 11 year period 2012 through 2023, which discounts back to a present value savings of $135,347.91 or 9.37% (substantially greater than the minimum 5% savings we are looking for). The savings would not benefit the General Fund at all but would instead reduce the amount of REET revenues dedicated to bond payments. This would in turn allow for more REET money to be used for street related capital projects. • For the CenterPlace portion of the 2003 LTGO Bonds there would be a total savings in payments of$894,103.75 that would be realized over the 21 year period 2012 through 2033, which discounts back to a present value savings of $675,895.67 or 11.28% (again, substantially greater than the minimum 5% savings we are looking for). The savings would not benefit the General Fund at all but would instead reduce the amount of money the Spokane PFD gives the City each year to make this portion of the bond payment. • Collectively, there would be a total savings in payments of $1,050,382.08 that would be realized over the 21 year period 2012 through 2033, which discounts back to a present value savings of$811,243.58. OPTIONS: The City could chose to leave the 2003 LTGO Bonds in place or pursue the advance refunding resulting in a 2012 LTGO Bond issuance. If the City Council arrives at a consensus to proceed with an advance refunding we can reasonably expect the process to take between 2 and 3 months to unfold. Prior to an actual bond issuance the Council will be asked to approve a bond ordinance that will among other things include the total amount of the bond issue and a repayment schedule including interest rates. RECOMMENDED ACTION OR MOTION: Staff recommends that the City proceed with an advance refunding of the 2003 LTGO Bonds. BUDGET/FINANCIAL IMPACTS: Costs related to the bond issue would be folded into the 2012 LTGO Bond issue amount and consequently the City would incur no out-of-pocket expenses. Issue related expenses would include: • Underwriter fee (D.A. Davidson) • Bond counsel (Orrick, Herrington & Suttcliffe) • Bond rating (Moody's or S&P) • Financial advisor (to be determined) • Official Statement printing and distribution. Beginning with the December 1, 2012 bond payment and in all subsequent years the City would experience reduced bond payments and the Spokane PFD would be able to reduce their annual distribution to the City for their portion of the CenterPlace bonds accordingly. STAFF CONTACT: Mark Calhoun ATTACHMENTS: • 2003 LTGO Bond amortization schedule including amount issued, amount paid to date, and amount remaining • Summary of Refunding Results prepared by D.A. Davidson & Co. that reflect present value savings figures of an advance refunding (as of April 25, 2012). P:ICIerklAgendaPackets for Weblagendapacket 05-15-1216 RCA LTGO Bonds.docx 1,\SV-F52`Users�mcalhoun�Bonds�2�p3 L7GO�bond arnortization CITY OF SPOKANE VALL�Y,WA 12/4/2019 LTGQ Bonds Outstanding Pe€iad �7 Million CenterPlace Bonds $2,430,000 Road&Skreet Bands TataE Endin Princi al Interest Tatal Princi al Interest Total Princi al Int�rest Tota� 1211120Q4 60,b00 335,643.01 395,643.01 85,000 100,285.19 985,Z85.19 145,OQQ 435,92$.20 58Q,928.20 121112�05 75,000 32�.,745.0� 397,745.00 90,000 95,090.Ofl 985,0$QAO 165,OOQ 417,$35.00 582,835.00 12l112006 85,OQ0 321,245.00 406,245.00 8D,000 93,290.04 'i83,290.00 175,000 414,��5.oa 589,535.00 12f112067 90,000 319,545.00 409,545.00 95,000 91,490.00 'i$8,490.00 185,000 411,Q35.00 596,035.00 12f1/2006 95,�00 317,520.00 412,524.00 95,0�0 89,352.50 'i84,352.50 190,OQQ 406,872.bQ 596,872.50 121112069 105,000 314,670.00 419,870.00 100,fl00 86,5D2.54 'i86,502.50 205,OQa 401,172.50 6�6,172.50 1211I2410 1'i0>000 311,520.00 421,520.00 100,fl00 83,bQ2.50 'i83,502.50 2'i0,000 396,Q22.50 605,022.54 12/1/2011 120,000 307,12Q00 427,120.00 105,fl00 79,502.50 184,502.50 225,Q00 3$6,622.50 611,622.50 740,000 2,550,008 3,290,40$ 76D,flOD 719,Q15 1,479,015 1,540,0�0 3,289,023 4,769,023 121�12012 130,004 302,320.00 432,320.00 110,000 75,302.50 'l85,302.50 240,000 377,622.50 817,622.50 12/1/2013 940,000 297,120,00 437,120.00 115,040 70,902.50 'i$5,902.50 255,000 368,022.b0 623,022•50 121112Q14 150,000 291,520.00 441,520.00 120,000 66,362.50 �86,3Q2.50 27QOD0 357,822.50 627,$22.50 12l112Q15 960,OQ0 285,520.OQ 445,520.00 125,OOD 61,502.50 'f86,502.54 285,000 347,022.5D 632,1722.50 1211I2Q16 '170,OOQ 279,120.00 449,120.00 130,fl00 56,502.50 186,5Q2.50 300,00a 335,622.50 635,622.5a 1211120'17 180,OOQ 272,320.Qp 452,320.00 135,000 51,3D2.50 �$6,302.50 3'i5,00Q 323,622.50 638,622.50 121112a9$ 220,OQ0 264,850.00 484,850.�0 19D,000 �45,740.00 'i85,700.00 360,OOQ 31Q,550.OQ 67Q,550.OQ 1211120i9 25D,oaa 255,500.00 5Q5,500.OD 145,{700 39,750.00 'f84,750.00 395,OQ0 29b,250.p0 69Q,250.00 12/1/2020 290,0f30 243,OD0.00 533,400.00 150,fl00 32,500.Ofl 182,500.00 440,000 275,500.OQ 7'i5,500.00 12111202� 325,000 228,500,00 553,5q0.00 160,fl�0 25,040.04 185,oaa.00 485,oaa 253,500.00 738,�oa.aa 12/1/2022 360,000 212,250.00 b72,250.OQ 165,fl00 '�7,0�0.00 'i82,00Q.00 525,Q00 229,250.00 754,25Q.00 12/1/2023 405,oaa 194,254.00 599,250.00 175,OA0 8,750.0� 1$3,�5a.oa 580,OOQ 2Q3,Q00.00 7$3,00a.oa 12/1/2024 450,000 17A,00�.�0 624,4Q0.00 0 0.00 0.00 450,000 174,Q00.00 824,000.00 1211I2025 490,000 151,500.00 641,500.00 0 0.00 d.00 490,000 151,60�.00 f41,500.00 121112b25 535,000 127,OOO.aO 662,000.00 0 0.00 (}.0� 535,�OQ 127,OQ0.00 862,000.00 12/1/2027 430,OOQ 100,250.00 530,250.00 � 0.00 a.oa 430,000 100,250.00 530,250.00 121112Q28 340,0�� 78,750.00 418,750.00 0 0.00 a.aa 340,000 78,750.00 418,750.00 12/1/2029 295,OOD 61,750.0� 356,750.00 0 O.Ofl OAO 295,000 61,75�.OQ 356,750.00 '121112030 280,OOQ �47,0OO.00I 327,000.00 0 0.00 O.QO 280,00� 47,ODOAO 327,000.0� 12/1/2031 24�,000 33,000.4� 273,000.00 0 Q.00 0.00 240,00� 33,OOOAO 273,000.0� 12/1/2032 190,000 21,OOD.DO 211,000.00 0 a.00 O.OQ 190,OQ0 21,000.00 21�,000.00 1211f2033 23Q,000 �1,500.00 241,500A� 0 (?.Ofl �.00 230,000 11,500.00 24'i,50D.00 8,280,000 3,932,020 10,192,U2d 1,670,OC10 550,515 2,220,515 7,930,OOD 4,482,535 12,412,535 7,OQ0,000 6,482,02$ 13,48�,028 2,43p,�00 1,269,530 3,699,530 9,�34,�00 7,751,558 17,181,558 Remaining 5l1MMARY OF REFUNDf�VG RESULTS City of Spokane Valley,WasE�ington Limite�d Tax General Obligation Refunding Bonds,2012 Ad�ance Ref�ancEing of Callable 2003 Bonds .................................°--------- Streets Dated Date d710 1 12 0 1 2 Del�very Date 07/01/2012 Arbitrage yield 2.72Fi555% Escrow yield 0.18�345°/u Bond Par Amount i,480,000.00 True Interesf Cost 2.9D9537% Net Interest Cost 2.195439°/a Ail-In TIC 2.335434%a Average Coupon 2.996983% Average Life 7.045 Aar amount[rf refunded bonds 1,445,000.00 Averag�coupon of refunded bc�nds 4.753240°/a AvErage liie af retunded bonds 7.254 PV of prior debt io 07lb112012 Q 2.726555°!0 1,&36,290.19 f�et PV Savings 135,347.91 Percentage savings of refunded bonds 9.386637°!0 Apr25,2012 9:28 am Prepared by D.A.Davidson 8 Co Quant�'tative Group��Id (Spokane ValCey l.TGO WA t�:12ARa3D) Page 2 SUMMARY OF REFL�NDING RESULTS Ci#y of Spokane Valley,Washington Limited'fax General Obligation Refunding Bvnds,2012 Ac�vance Refunding of Gallak�le 2003 Bonds ---------------------------°•-------...... Mirabeaw bated Date 071D1120i2 Delivery Date 07/01/2012 Arbiirage yiefd 2.726555°!0 Escrow yleld 0.�892 B4°10 6and F'arAmoun# 6,140,0OO.Od True Irtterest Cost 3.067711°/a Net Inierest Cosi 3.21 d634°!0 All-In fIC 3.21&831°l0 Average Coupan 3.705823°1a Average Life 11.979 Par amount of refunded bo�ds 5,890,OOO.UO Average coupon of refunded bands 4.953488°/a Ave��ge life of refunded bands i2.625 PV of prior debt!0 07/01/2012 Q 2.726555% 7,39Q,026.84 Net PV 5avings 675,895.67 Perceniage sawings of reFunded bonds 11.283734% Apr 25,2012 9:26 am Prepared by�.A,Davic{s4n&Co Qusntitative Group—Md (Spokane Va11ey LTGO 4NA 11:12AR03�) Page 3 SAVI�VGS City of Spakar�e Valley,Washington Limited Tax General Obligation Refunding Bonds,2012 Advance Refunding of Ca11able 2aQ3 Bonds ---••-------------------------------------- Stre�ks PresEnt Value Prior Refunding to 07I0112012 Dafe Clebt Service Qebt Service Sav]ngs � 2.72fi5550°/a 12l0112012 33,151.25 27,260.42 5,$90.83 5,824.73 �21d112013 66,302.50 51,225.00 15,077.50 14,674.51 3 2I0112014 186,302.54 171,025.00 15,277.50 14,471.Q4 12101l2015 986,502.50 173,�425A0 13,077.50 12,085.16 92l0112016 186,502.5Q 170,725.00 15,777.5d 14,124.52 i2101/2D17 i86,302.50 173,025.00 13,277.5D 11,573.52 121p112Q18 i85,700.0� 173,825.Q0 11,875.Of} 10,077.48 "f21Q112D19 i64,750.00 169,a75.00 15,275.DD 12,58d.62 12f01l2020 i82,500.00 17�,125.00 12,375.b4 9,9i9.84 1 210112 02 1 i85,000.DQ 170,625.00 14,375.D0 11,188.76 12l01l2022 182,0OO.OU 170,975.00 11,025.D0 8,346.03 12/01/2023 183,750.00 170,775,0� 12,975.00 9,539.18 1,948,753.75 1,792,485.42 156,?78.33 134,385.38 SaWin s Summa PV af sauings from cash flow 134,385.38 Plus: Raunding Amaunt 962.53 Nei PV Savings 135,347.91 Apr 25,2012 9:26 am Pre�ared by D.A.Davidson&Co�uantitaGve Group�Md (Spokane Vailey LTGO WA 11:12AR036) Page 4 SAVIiVGS City of Spokane Valley,Washington Limlted Tax Genera!Obligation Refundir�g Bonds,2012 Advance Refunding of Callable 2a03 Bonds -------•-•................................. Mirabeau Present Va1ue PrEor Ref�nding to 07I0112012 Date DebE Service ❑ebt Sarvice 5auings @ 2.7265550% 121D112012 145,760.Ofl 128,406.25 17,353.75 17,159.03 121fl�l2013 291,520.OD 25�,375.00 40,145.d0 39,159.73 1?IOiI2014 4d9,520.00 400,575.OQ 40,945.00 38,867.89 1214i12Q15 445,520.00 Api,775.00 k3,745.OD 40,368.30 12101I2D16 449,120.00 407,875.00 49,245.00 37,056.45 1210112017 452,320.00 408,775.00 43,545.0� 38,036,68 12f01i2018 484,850A0 442,475.00 42,375.00 36,030.34 12101l2U19 505,50fl.00 464,975.00 40,525.00 33,544.D1 12101I2U20 533,000.00 491,575.00 41,425.Od 33,342A9 12101I2fl21 553,500.00 512,125.00 41,375.0� 32,385.84 12101/2022 572,250.00 531,775.Od 40,47b,00 30,811.44 12/01/2023 599,250.�0 559,587.50 39,562.5D 29,362.72 12/01J2024 624,OOD.00 585,062.50 38,337.50 28,D32.36 12101/2025 641,5fl0.00 598,000.00 43,500.Q0 30,430.15 12101/2026 662,OOD.00 618,600.00 43,400.06 29,525.92 12I0112027 530,250.OD 487,600.OD 42,650.6Q 28,217.21 12I0112028 418,750.0� 37fi,d40.4b 42,750.�0 27,506.00 12IQ1I2029 356,750.00 313,200.OQ 43,550.00 27,252.40 12I0112030 327,OOO.DO 287,400.0� 39,60D.00 24,109.13 12l0112031 273,000.00 232,200.OD 40,SQ0.00 24,158.95 12I01I2032 211,000.00 168,800.Q4 a2,200.OD 2�4,3Q4.74 32I0112033 241,500.00 197,600.00 43,900.00 24,594.6Q 9,759,860.Od 8,865,756.25 894,103.75 674,255.99 Sa�inas Surn�narv PV o[savings from�ash flow b7a,255.99 Plus: Round'€ng Amount 1,639.fi8 Net PV Savings 675,89a.fi7 Apr 25,2012 8.26 am Prepared by D.A.Dauidson&Ca QuanGtalive Group—Md (Spokane Valley LTGO WA 1 i:12AR03Q) Page 5 DRAFT ADVANCE AGENDA For Planning Discussion Purposes Only as of May 10, 2012; 12:00 p.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 Mav 22,2012,Formal Meetin�Format,6:00 p.m. [due Mon,May 14] 1. Consent Agenda(claims,payroll,minutes) (5 minutes) 2. Second Reading Proposed Ordinance 12-014 Amending Comp Plan—Mike Basinger (20 minutes) 3. Second Reading Proposed Ordinance 12-015, Zoning Map Amendments—Mike Basinger (15 minutes) 4. First Reading Proposed Ordinance 12-016 Amending Title 24—John Hohman (20 minutes) 5. Motion Consideration: Splash Down Agreement—Mike Stone (15 minutes) 6. Info Only: Department Reports [*estimated meeting: 75 minutes] Mav 29, Studv Session Format, 6:00 n.m. [due Mon,May 21] 1. Shoreline Master Program (SMP) Goals and Policies—Lori Barlow (30 minutes) 2. Draft 2013-2018 Six-Year TIP—Steve Worley (20 minutes) 3. Truck Traffic/Parking—Kelly Konkright (20 minutes) 4.Proposed Franchise for Coeur d'Alene Indian Tribe's Use of ROW—Kelly Konkright (15 minutes) 5. Lodging Tax Sunset Provision—Kelly Konkright (20 minutes) 6. Advance Agenda (5 minutes) [*estimated meeting: 110 minutes] June 5,2012, Studv Session Format, 6:00 p.m. [due Mon,May 28] 1. Advance Agenda June 12,2012, Special Meetin�Council/Staff Retreat: 8:30 a.m.to 4:00 p.m. CenterPlace Tentative Items Include:Budget June 12,2012,Formal Meetin�Format,6:00 p.m. [due Mon,June 4] 1.PUBLIC HEARING: Draft 2013-2018 Six-Year TIP—Steve Worley (�15 minutes) 2. Consent Agenda(claims,payroll,minutes) (5 minutes) 3. Second Reading Proposed Ordinance Amending Title 24—John Hohman (10 minutes) 4.Proposed Resolution Accepting SMP Goals and Policies—Lori Barlow (10 minutes) 5. Motion Consideration: Bid Award—Pavement Preservation Project Phase 1 —Steve Worley (15 minutes) [*estimated meeting: 55 minutes] June 19—22, 2012:Association of Washington Cities Annual Conference, T�ancouver, Wa. June 19,2012 (CONFIRMED no meetin� June 26,2012,Formal Meetin�Format,6:00 p.m. [due Mon,June 18] 1. Consent Agenda(claims,payroll, minutes) (5 minutes) 2. Motion Consideration: Adoption of Proposed 2013-2018 Six-Year TIP— Steve Worley (10 minutes) 3. Info Only: Department Reports [*estimated meeting: minutes] July 3,2012, Studv Session Format, 6:00 p.m. [due Mon,June 25] 1. Outside Agencies—Mark Calhoun 2. Advance Agenda [*estimated meeting: minutes] Draft Advance Agenda 5/10/2012 3:31:27 PM Page 1 of 2 July 10,2012,Formal Meetin�Format,6:00 p.m. [due Mon,July 2] 1. Consent Agenda(claims,payroll, minutes) July 17,2012, Studv Session Format, 6:00 p.m. [due Mon,July 9] 1. Advance Agenda 2. Graffiti, Code Enforcement—Cary Driskell (20 minutes) Julv 24,2012,Formal Meeting Format,6:00 n.m. [due Mon,July 16] 1. Consent Agenda(claims,payroll,minutes) 2. Info Only: Department Reports Julv 31,2012, Studv Session Format, 6:00 n.m. [due Mon,July 23] 1. Advance Agenda Au�ust 7,2012, Studv Session Format (Possible no meeting:National Night Out) Au�ust 14,2012,Formal Meeting Format, 6:00 p.m. [due Mon,Aug 6] 1. PUBLIC HEARING: 2013 Budget(estimated revenues & expenditures) 2. Consent Agenda(claims,payroll,minutes) 3. Admin Report: 2013 Budget-Estimated Revenues &Expenditures Au�ust 21,2012, Studv Session Format, 6:00 p.m. [due Mon,] 1. Advance Agenda Au�ust 28,2012,Formal Meeting Format, 6:00 p.m. [due Mon, 1. Consent Agenda(claims,payroll,minutes) 2. Info Only: Department Reports OTHER PENDING AND/OR UPCOMING ISSUES/MEETINGS: ADA Transition Plan Bidding Contracts (SVMC 3.—bidding exceptions) Budget Amendment, 2012 Centennial Trail Agreement City Hall Renovation Contracts, Annual Renewals,histories, etc. Decant Discussion Donation Policy Emergency Management Interlocal Investment Accounts Lodging Tax, Sunset Clause (by Sept 1) Manufactured Homes Pedestrian/Bicycle Grant Program Preservation Project List Prosecution Services Revenue Policy, Cost Recovery Sidewalks Speed Limits (overall system) Spokane Valley Municipal Code 825.025(F) Sprague Appleway Corr. Environ.Asm't(9-30) Stormwater Projects *time for public or council comments not included Draft Advance Agenda 5/10/2012 3:31:27 PM Page 2 of 2 CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: May 15, 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: Pending/Potential Litigation GOVERNING LEGISLATION: [RCW 42.30110(1)(i)] PREVIOUS COUNCIL ACTION TAKEN: BACKGROUND: OPTIONS: RECOMMENDED ACTION OR MOTION: "I Move that Council adjourn into executive session for approximately thirty minutes to discuss pending/potential litigation, and that no action will be taken upon return to open session." BUDGET/FINANCIAL IMPACTS: STAFF CONTACT: ATTACHMENTS: