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2012, 06-26 Regular Meeting AGENDA SPOKANE VALLEY CITY COUNCIL REGULAR MEETING FORMAL FORMAT MEETING Tuesday,June 26,2012 6:00 p.m. Spokane Valley City Hall Council Chambers ll707 E Sprague Avenue Council Requests Please Silence Your Cell Phones During Council Meeting CALL TO ORDER: INVOCATION: Pastor Darrell Cole, Spokane Valley Wesleyan Church PLEDGE OF ALLEGIANCE: ROLL CALL: APPROVAL OF AGENDA: INTRODUCTION OF SPECIAL GUESTS AND PRESENTATIONS: COMMITTEE,BOARD,LIAISON SUMMARY REPORTS: MAYOR'S REPORT: PUBLIC COMMENTS: This is an opportunity for the public to speak on any subject except those on this agenda as action items. (Action items include public hearings, and those items under NEW BUSINESS. Public Comments will be taken on those items at the time those items are discussed.) When you come to the podium, please state your name and address for the record and limit remarks to three minutes. 1. CONSENT AGENDA: Consists of items considered routine which are approved as a group. Any member of Council may ask that an item be removed from the Consent Agenda to be considered separately. a. A roval of the followin claim vouchers: VOUCHER LIST DATE VOUCHER NUMBERS; TOTAL AMOUNT 06/06/2012 3941-3944; 3956; 26141-26145 $242,028.78 06/08/2012 26146-26200; 531120029; 605120014 $1,888,485.65 06/14/2012 26201-26249 (-26239) $110,766.20 GRAND TOTAL $2,241,280.63 b. Approval of Payroll for period ending June 15,2012: $273,660.07 c. Approval of Minutes of June 12, 2012 Council Formal Format Meeting NEW BUSINESS: 2.First Reading Proposed Ordinance 12-017, Coeur d'Alene Tribe Franchise—Kelly Konkright [public comment] 3. First Reading Proposed Ordinance 12-018, CPA OS-12—Mike Basinger [public comment] 4. First Reading Proposed Ordinance 12-019, CPA Zoning Map- Mike Basinger [public comment] 5.Proposed Resolution 12-003: Adoption of Draft 2013-2018 Six-Year TIP—Steve Worley [public comment] 6. Motion Consideration: Interlocal Agreement w/Spokane County, Milwaukee Right-of-way— Cary Driskell [public comment] Council Agenda 06-26-12 Formal Format Meeting Page 1 of 2 PUBLIC COMMENTS: This is an opportunity for the public to speak on any subject except those on this agenda as action items. (Action items include public hearings, and those items under NEW BUSINESS. Public Comments will be taken on those items at the time those items are discussed.) When you come to the podium, please state your name and address for the record and limit remarks to three minutes. ADMINISTRATIVE REPORTS: 7. Parking Regulations for Trucks in Residential Areas—Kelly Konkright 8. Spokane Regional Transportation Council(SRTC) Call for Projects—Steve Worley 9. Animal Control-Morgan Koudelka 10. Advance Agenda—Mayor Towey INFORMATION ONLY(will not be reported or discussed): 11. Department of Emergency Management(DEM) Interlocal Agreement Update 12. Department Reports 13. Transportation Improvement Board (TIB) Call for Projects 14. Street Classification Process 15. Memorandum of Understanding for Gateway Improvements 16. City Hall Update 17. Arts Council CITY MANAGER COMMENTS ADJOURNMENT General Meetin�Schedule(meeting schedule is always subject to change) Regular Council meetings are generally held every Tuesday beginning at 6:00 p.m. The Formal meetin� formats are �enerally held the 2°d and 4`h Tuesda,ys. Formal meeting have time allocated for general public comments as well as comments after each action item. The Studv Session formats (the less formal meetin�)are �enerally held the 1 s` 3ra and 5`h Tuesda,ys. Study Session formats DO NOT have time allocated for general public comments; but if action items are included, comments are permitted after those specific action items. NOTICE: Individuals planning to attend the meeting who require special assistance to accommodate physical, hearing, or other impairments, please contact the City Clerk at (509) 921-1000 as soon as possible so that arrangements may be made. Council Agenda 06-26-12 Formal Format Meeting Page 2 of 2 CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: J�ne 26, 2012 Department Director Appro�al: � Check all that apply: � consent ❑ oEd business ❑ new business ❑ �ublic hearing AG�NDA ITEM TITLE: Appra�al of the �ollowing Vo�chers: VOUCH�R LIST DATE VOUCH�R NUMB�RS• TOTAL AMOUNT 0GI06/2012 3941-3944; 3956; 26141-26I45 $242,028.78 06/08/2012 2G146-26200; 531120029; 605120014 $1,888,�485.65 0GI14/2012 2G201-2G249 (-26239) $] I0,7GG.20 GRAND TOTAL $2,241,280.63 Expia��ation of Fu��d Ntimbars found on Vouchet�Lists #001 -Gcneral Tund Other I'uncls OO I,011.000.51 I City Co��Eicil 101 —Street Fund 001.0]3.000.513. City Mafiager 103 —Pad�s &Ti�ails 001.013.015.515. Legal 105—HotellMotel Tax 001.01 G.000. Public Safety 120—CenterPlace Operating Reset•ve 001.018.O13.513. Deputy City Manager 12l —Set'vice I.evel Stabilization Rese�•�e 001.018.014.51�, Finance I22—Winter Weatl�e�•Rese�•ve 001.018.O16.51G. �-Ii�mati Resources I23 --Civic Facilities Replacement 001.032.000. Pubiic Works 204—Debt Sei•vice 001,05$.050.55$. Coi��m, Develop.-Ad�ninistration 301 —Capital Projects (lst '/4°/a REET) 001.058.055.559, Comtn. Develop.-Develop.Eng. 302—Special Capital Proj (2nd 1/4% REET) OOt.058.05G.558. Coinmunity Davelop.-Planniug 303 --Steeet Capital Projects 001.058.057.559. Conimunity Develop.- Building 30�1—Mirabeau Poitrt Project 001.076.000,5"1G. Paeks & Rec—Adininistratio�� 307--Capital GraE�ts 001.076.300.576. Parks &Rec-Maintena��ce 309—Parks Capital G��ants 00].07G.301.574. Parks & Rec�Recreatioii 310—Civic Bidg Capital Projects 001.076.302.57G. Parks &Rec-Aquatics 31 Z —St��eet Capital ImproveEnettts 2011+ 001.07G,304.575. Parks &Rec- Senior Center �102—Storm�vater Management 001,076.305.574, Pa��ks &Rec-Ce�iterPlace 403 —Aq�iifer Pi•otection Area OOI.090.00O.S 11, Genei-al Gov't-Cotntcil related 501 --Equ[pme�3t RentaI&Replace�»ent 001.090.000.514. Gene�•ai Gov't-�'inai�ce related 502—Risk Manageme�it 001.090,000,517. GeiteraI Gov't-Employee supply 001.090.000.5I S. General,Gov't-Ce�itralized Se��vices 001.090.000.519. General Gov't-0ther Services 001.090.000.531. Genaral Gov't-Natura! Resot�rces 001.090.000.550. General Go�'t-Eco«oEnic Dev. 001.090.00O.S60. General Gov't-Social Services OOI.090.000.594. Gene�•aE Gov't-Capit�l Outlay RECOMMENDED ACTION OR MOTI�N: Approve c[aims for vouchers as listed above. STAFF CONTACT: Mark Calho�n, Finance Director ATTACHMENTS: Voucher Lists vchlist Voucher List Page: � 06I06I2Q12 4:39:54PM Spakane Vaiiey Bank code: apbank Voucher Date Vendor Invoice F�ndlDept DescriptioNAccount Amount 3941 6/5/2012 000048 VANTAGE 7RANSF�R AGENTS,401A PLAN 8en44127 009.23i,14.00 40iA:Payment 23,937.'t3 Total: 23,937.13 3942 615120't2 000682 EFTPS Sen44929 001.231.11.00 FEDERAL TAXES:Payment 33,054.78 7ota[; 33,054.78 3943 6/5/2012 Odd145 VANTAG�POIN'T 7RANSFER AGENTS,457 PLE Ben44131 001.231,'[8.00 457 bEFERRED COMPENSAT[OH:Payr 7,808.75 rotaa: 7,sos.�s 3944 6/5/2012 000162 VANTAGE TRqNSFER AGENTS,409A EXEC PL Ben44133 009.23'[.14,00 409 EXEC PLAN:Payment t,052.33 7ota1: 1,052.33 3956 6/5/2042 0006$2 EFTPS 8en44937 OOi.231,11.00 FED�RALTAXES:Payment 743,24 Tota I: 743.24 2614�I 6/5/2012 000165 DEPTOFRE7IREMENTSYST�MS Ben441i9 001,231.95.00 PERS:Payment 56,688.92 rot�t: ss,sea.s� 26142 8/5/2012 000120 AWC Ben44117 311,231.96.00 HEAI�TH PLANS:Paymeni 106,577.33 Ben44135 001.23'1.16,00 HEAI.TH PLANS(COUNCIL):Payment 7,904.07 Tota I: 114,4$1.40 28143 6/5/2092 002227 IDAHO TAX COMMISSION 8en4492Z 009.231.50.03 ]DAHO STATE TAX BASE:Payment 'i,336.78 Totai: 1,336.78 26144 6/5/2012 000899 WA COUNCIL COICITY EMPLOYEES Ben44i23 303.23121.00 UNION DUES:Payment 2,203.4� Total: 2,203.41 26'145 6/5/2012 002574 WASHINGTON TRUST BANK Ben44125 001.239.20.00 BERG20'i10-02-03952-4�Paymeni 924 04 10 Vouchers for bank code: apbank 10 Vouchers ire Yhis report rorai: sza.oa Banktotaf: 242,028.78 7otal vouchers: 242,028.78 Page: '! vchlis$ VOUChBr LiSt Page: '1 G6108120�[2 11:43:31AM Spakane Valley Bank code: apbank Voucher Date Vendor [nvoice Fundl�epf DescriptionlAccount Amount 26746 61812�12 000197 AIRFACTZ 60250 001.Q18.016.b16 BACKGROUNID CHECKS: HR 4Q_00 26'147 26'148 26149 26150 26151 26152 26'I53 26154 26155 26156 61812Q12 001308 ALLEN, HENRY 6/8/2012 001081 ALSCO fi1812012 QQ1Q12 ASSOC BUSINESS SYS�EMS 6/8/2012 002603 B8�H PHOTO V1DE0 6/8/2012 QQ1117 BAS[NGER, MICHAEL 618/20'I2 007b4b BERNARDO WILLSARCHITEC7S PC 6/8/2012 OQQ978 BLUE RIBBON LINEN SUPPLY INC 618/2D12 D01388 CARTEGRAPH SYSTEMS INC 6/8/2�12 000101 CDW-G 61$/2�12 001169 CI7Y OF SPOKANIE VALLEY 63035 001.018.016.516 BACKGROUNID CHECKS: HR Total : Fxpenses 001.Ob8.055.559 EXPENSE REIMBURSEMENT Total : LSP01146011 LSP011 S3�S7 561578 May 20T2 6�658526 60844548 Expenses 2Q12-5769 933'1833 9333798 S0032073 R-07946 K795151 .lune 2�12 001.Ob8.057.b59 FLOOR MATS: BU[LDING 001.Q58.057.559 FLOOR MATS:BU[LDING Total : 001.Q13.015.515 COPIER COSTS: LEGAL 001.�58.050.bb8 COPIER COSTS: CD Totai : 00'I.Q9Q.000.594 PHONE fPiTERFACE FOR COUI�iC1L 00'IA76.305.b75 PHONE [I�iTERFACE FOR COUI�iC1L Total : 001Ab8.056.bb8 EXPEI�iSE REIMBURSEMEI�iT Total : 001.Q58.056.558 2D12 ARCH[TECTURAL SERVIC�S Total : 001,D76.305.575 LINEN SUPPLYAND SERVICE-CEI QQ1.076.3D5.575 LWEN SUPPLYAI�iD SERVICE-CEI QQ1.076.3Db.575 LINEN SUPPLYAND SERVICE-CEI Totaf: QQ1.032.QDQ.543 CARTEGRAPH PAVEPLUS&MAP F Totaf : QQ1.090.QQQ.518 COMPUTER SOF7WAREIHARDWAI TotaI : QQ'1.016.���.521 PErfY CASH:7793,94 �.00 1 DD.DD 409_52 409.52 37_97 37.97 75.94 163_56 87D.66 1,034.22 831.25 99.DD 93D.25 22.2D 22_20 2,340.�0 2r�:�.�� 37.08 37.08 26.0� 100»1 S 1,$50,�� 1,s�o.aa 64.77 64.71 7.D2 � Page: 9 vchlist Vo�cher List Page: 2 06I08120'!2 'I'1:43:3'IAM Spakane Valley Bank code: apbank Voucher Date Vendor Invoice FundlDept DescriptioNAccount Amo�snt 26156 6/8/2012 001169 00'I'I69 C1N OF SPOKANE VALLEY (Continued} Total : 7.02 26157 6/8/2042 000109 COFFEE SYSTEMS 1NC 3820:107681 001.076.305.575 COFFEE SUPPLIES:CENTERPLAC 63.75 Total : 63.75 26158 618/20'I2 000326 CONSOLIDATED 1RR[GAT[ON#19 May 2012 001.076.305.575 LlTfLTIES: PARKS 348.62 Totaf: 348.62 26159 6/8/2012 000683 DAVID EVANS&ASSOCIATES 3'17959 001.05$.055.559 SPOKANIE VALL�I'PLAT REVIEW 1,823.00 TOta[ : 1,823.00 26'I60 61$12012 001955 DOLJBLETREE BY HILTON PORTLAND 47616 001.013.000.513 HOTEL STAY FOR CARRlE KOUDEI 933.75 7oiai : 933.75 26161 6/8/2012 000795 F_ARTHWORKS RECYCLING, [�IC. 29193 001.076.305.575 RECYCL[�IG COLLECT[ON 27.50 Total : 27.50 26162 6/8/2012 000246 F_AST SPOKANE WATER DIST#1 May 2012 009.076.300.576 WATER CHARGES: EDGECLIFF PA 202.41 7ota1 : 202.41 26163 6/8/2012 002308 FINKE, MELISSA May 2012 001.076.307.574 INSTRl1CTOR PAYMENT 278.05 Total : 278.05 26164 6/8/2012 00'I728 HP FINANCIAL SERVICES CO July 2012 001.090.000.548 Jl1LY 20'I2: LEASE PAYME�ITS 2,172.94 7otal : 2,172.94 26'165 6/$/2012 0007'IS HSBC Bl1SINESS SOLl1TlONS May 2012 001.076,305.575 SUPPL[ES:CENTERPLACE 272.43 Total : 272.43 26166 6/8/2012 000353 INT'LTRADEALL[ANCE 2011-246 001.090_000_550 2ND QTR 2012 OUTSfDEAGENCY: 2,500.00 rotar : z,soo.00 26167 6/8/2012 001635 fSS FACILINIEVENT SERVICES 345662 00'I.076.305.575 MAY 2012�CP CLF_AI�ING 7,136.00 26168 618/20'[2 000265 JACKSON,MIKE 345663 00'I.076.305,575 EVENT SVCS:MAY 2012 Total : Expenses 001.013.000.513 EXPENSE REIMBURSEMENT Total : 189.89 7,325.89 13.79 Z 3_79 Page: 2 vchlist Voucher List Page: 3 0�10812012 11»43:31AM Spo[cane Valley Bank code: apbanK Voucher Date VeRdor Invoice FundlDept DescriptionlAccount Amount 2B1B9 6/8/2012 001181 KOUDELKA,CARRIE Expertses 001.013.000.513 EXPENSE REIMBURSEMEI�� 2D7.27 Total : 2d7.27 26170 6/8/2012 001944 LANCER LTD 427357 00'I.076.00O.b76 WALK IN THE WILD BROCHURE: P, 682.1D Total : 682.10 26171 6/8/2012 000252 LOWE'S BUSII�ESS ACCOUNT May 2012 00'I.016.000.521 OPERATIfVG SUPPLIES:CP 91.07 Tptal : 91.07 26172 618/20'I2 003011 MA�IPOWER 8004306 001.098.0'I6.5'I6 S7AFFING SERV[CE:HR 562.24 26'I73 26174 26175 26176 26'177 26178 26179 26'I 80 6/8/2012 001684 MARKEfING SOLUTIOfVS�IW SVSCA#5.31.2012 6/8/2012 000076 MCI�U7T, S7A1� E May 2012 6/8/2012 003053 M1LLS, BRUCE Expenses fi/8120'12 00'I035 �IEfWORK DESIGN 8�MA�IAGEMEI�T 21289 6/8/2012 000239 �IOR7HWES7 BUSE�IESS STAMP f1�C. 87'I'I8 6/8/2012 000652 OFFICE DEPOT[�IC. 618120'I2 000058 OMA 6/8/2012 002836 PALAbt�l bA7A SYS7EMS CDRP. 610109477001 610160170001 610160267001 610585056001 May 2012 9899 7otal : 001.076.304.575 BROCHlJRES FOR SEI�IOR CEI�TE Total : 001.013.000.513 CONSULTIf�[G SERVICES Total : 001.018.016.516 IXPE�ISE RE[MBURSEMENT TotaI : 001.090.00D.S'I8 QUARiERLY SEN7INEL BILLI�IG Total : 001.018.016.516 NAME BADGE Total : 001.011.000.511 DFF[CE SUPPLIES: COU�ICILAND 001.07fi.305.575 OFFICE SUPPLIES:CE�IiERPIACE 001.076.305.575 OFF[CE SUPPLIES: CE�I�ERPIACE 00'I.011.000.511 OFFICE SUPPLIES:COUfVCILAfVD Total : 00'f.098.0'I6.59fi PHYSICAL EXAMS: NEW EMPLOYE TO�d� _ a 001.058.057.594 I�EW PERMI7 SOF7WARE 562.24 1,394.OD 1,394A0 2,746.6'1 2,746.61 328.46 328.46 1,047.00 1,047.00 28.26 28.26 86.3'I 'I D7.60 8.38 134.72 337.01 585.00 585.UU 10.571.98 Page: 3 �chlist Voucher List Page: 4 46/08/2012 11»43:31AM Spokane Valley Sank code: apban[c Voucher Date Vendor Nnvoice FundlDept DescriptionlAccount Amount 26180 6/8/2012 002836 00283fi PALADW DATA SYSTEMS CORP. (Continued) Total : 10,571.98 2618'I 6/8120'I2 001860 PLATT 1678908 001.016.000.521 SUPPLIES: PRECINCT 90.88 26982 26983 26184 26185 26186 26187 26188 26189 26190 26191 26992 6/8/2092 001089 POE ASPHALT PAVING, INC. 6/8/2012 002633 PF20R1DER 6/8/2012 000041 PROTHMAN COMPANY 6/8/2012 000836 SCHULTZ,W1LLiAM J. 6/8/2012 400709 SENSKE LAWN&TREE CARE INC, 6/8/2012 000935 SERVICE PAPER CO PAYAPP 1 55900 2012-3376 Expenses 4638936 4638937 990657743 990685713 6/8/2012 000854 SHERRY PRATT VAN VOORHIS, MC 1350.01 6/8/2012 002044 SMART S[GN 6/8/2012 000324 SPOKANE CO WA7ER�IST#3 6/8/2012 000065 STAPLES A�VANTAGE 6/8/2012 000419 SUMMIT IAW GROUP MA`r 27544 May 2012 8021757863 57060 Totai : 303.303.115.595 0195-SPRAGUE AVE. RECOI�l. COi To#al : 001.090.000.518 BIKE HELMEfS FOR SCOPE PROG Total : 001.0'I3.000.5'13 RECRUITMEN7 PYN[T 3 OF 3: PW C Total : 001.058.056.558 EXPENSE I�EIMBUI�SEMEN7 Total : 001.076.300.576 TRASH PICKUP AT GREENACI�ES I 001.076.300.576 TRASH PICKUP AT GREENACRES! Total : 001.076.305_575 SUPPLIES FOR CENTERPLACE 001.076.305.575 SUPPLIES FOR CENTERPLACE TotaI : 001.076.300.594 CENTERPI.ACE SOUTH I.ANDSCAF TotaI : 00'I.018.0'I4,514 SUPPLIES Total : 009.076.302.576 WATEI�CHARGES:PARKS '%tal : 001.058.057.559 OFFICE SUPPLCES '%tal : 001.018.016.516 PROFESSlONAL SEI�VICE:GENEI� 90.88 246,207.43 246,2U7.43 2,942.78 2,942.78 5,833.34 5,833.34 438.09 438.09 54.35 54.35 108.70 32.90 2,090.00 2,122.90 1,175.00 1,175.00 497,02 497_U2 38.46 38.46 27.12 27.12 204,00 Page: 4 vchlist VOUCher List Page: 5 06I08I2012 11:43:31AM Spokane Valley Sank code: apbank Voucher Date Vendor Invoice Fundlbept bescriptionlAccount Amount 26192 6/8/2412 000419 400419 SUMMIT LAW GROUP (Con#inued) 7otal : 204.DD 26193 6/8/2012 001911 7HE GLOVER MANSION CP553 001.076.305.575 EVENT SERVICES AT CENTERPLA� 263 88 26194 26195 26196 26197 26198 26199 6/8/2012 001464 TW TELECOM 6/8/2412 001444 U�fITED LABORATORIE5 6/8/2412 000337 UPS 6/8/2012 003000 VAN I�ESS FELDMAN 6/8/2412 000167 VERA WATER 8�POWER 6/8/2012 000087 VERfZON WIRELESS 4851880 13200. OOOOY3F950202 96429 Aprii 24'12 1085109395 6737124604 26200 6/8/2092 000038 WASTE MANAGEMENT OF SPOKANE 1492370�268'I-5 �49237�-268'I-3 531120029 6/'II20'12 000001 SPOKAI�E CO TREASUR�R 9290200328 6451244'14 6/5124'12 000001 SPOKA�fE CO TREASUR�R 57 Vouchers for bank code: apban[c 57 Vouchers in this repor� MAY 2012 Total : 263.88 00'1.076.305.575 INT�RNEfYDATA LINESIPHONE LIN 3,510.07 Total : 3,510_07 001.076.305575 SUPPLIES:CP 159.76 Total : 159.76 00'1.090.000.518 SHIPPING CHARGES:GENERAL G' 46.72 Total : 46.72 009.058.056.558 PROFESSIO�fALSVCS:SMP UPDA 1,261.10 Total : '1,261.'f 0 10'1.042.000.542 llTILITIES:APRIL 2012 2,748_35 Total : 2,748.35 101_042_000.542 MAY 20'I2-VER[ZON CELL PHONE: 999.42 101.042.000.542 MAY 2012�WIRELESS DATA CARD, 464.94 Total : 9,454.36 001.076.305.575 WAS�MGM7: CE�fTERPLACE 757.94 001.016.000.52'I WASTE MGMT: PRECINCT 292.64 Total : '1,04.9.78 001.016.000.521 LAW ENFORCEMENT 1,368,839.84 7ota1: 1,368,839.84 001.016.000.539 SPOECANE COUNTY SERVICES 207,978.92 Total: 2D7,978.92 Bank total : 1,888,485.65 Total vouchers : 1,888,485.65 Page: 5 vchlist VoucF�er Lisf Page. '[ 06114120'[2 3:00:'lSPM SpokaRe Valley Bank code: apbank Voucher Date Vendor Invoice FundlDept DescripfiionlAccount Amount 26201 6!'14120'[2 002931 ALL WESTERN INDUSTRIAL SUPP�Y 93510 101.042.000.542 SUPPLf ES FOR PW 11.82 Total : 11,82 26202 6/14/2012 000334 ARGUS.lAN1TORIAL LLC INV007420 009.016.000.521 JANITOREAL SVCS; MAY 2092 2,16523 To�-aI : 2,165.23 26203 61'I4120'12 000694 AVISTA U7ILl71ES 36334 001.090.000.519 HOME�NERGYAUDITS-APFt1�20 2,244.00 26204 26205 26206 26207 26208 26209 262'10 2fi211 26212 6/14/2012 0009'18 BLUE R[B80N �fNEN SUPPLY INC 6/14/2012 002517 BROWN BEARING CO INC 6/14/2012 002562 CD'A MEfALS 61'I4I2012 000322 CENTURYLINl4 6/14/2012 0001�.3 C[TY OF SPOKAN� 617420'I2 001157 COUNTRY HOMES POWER EQU[P 6/14/2012 0030'16 CRESCENT ELECTRIC SUPPLY CO 6/'I4/20'12 002157 �WAY O1L COMPANY 6/14/2012 00'1232 FASTENAL CO 37229 9335763 S0032643 923$8 467687 May 20T2 May 2012 94686 '[22-602773-00 4197851 EDLEW82785 001.090.000.519 HQME ENERGY AUDTTS-MAY 201� Total : 001.076_305_575 LINEN SERVICE AND SUPPLY AT C 001.076.305_575 L1NEN SERVlCE ANQ SUPPLYAT C Total: 101.042.000.�42 SUPP�IES:PW Total : 1fl1.000_000_542 SUPPL[ES:PW Tota[: 00'1.076.302.576 PHONESERVICE-TERRACEVIEW To�-aI : 101.042.00OS42 TRANSFER STATION: PW Total : 'IO'I,042.000,542 SUPPLIES:PW Total : 101.042.000.542 SUPPL[�S FOR PW Total ; 10'I.00O.Ofl0.542 MAY 2012: OIL PRODUC7 FOR PLO To�-aI : 101.042.000.542 SUPPLI�S:PW 4,301_00 6,545.00 130.83 245.33 376.16 17.28 i 7.28 SO.flfl 50.00 'I'15.14 415.44 31.16 31.16 'I 86.11 186.i1 114.95 114.95 'I30.40 130.40 10.55 Page: 'f vchlist Vo�cher List Page: 2 0611412D92 3:00:15PM Spokane Valley Bank code: apban[c Voucher Date Vendor Invoice F�ndlDepf Descnp#ionlAcco�nt Amoun# 26292 6/14/2012 00'I232 001232 FASTENA�CO (Continued) Tofai- 10.55 26293 6/14/2012 002308 FINKE, ME�lSSA May 2012 009.076.301.574 INS�RUCTOR PAYMENT 4'I0.85 26214 26215 26296 26217 2b298 26219 26220 26221 26222 61'[4/2�92 ��1447 FREE PRESS PUBLISHING 1NC 6J1412012 000839 GENERAL FIF2�EQUiP CO 6/94/2012 001003 GEOENGINEERS li�lC TotaI 37975 001.073.000.513 LEGAL PUBL[CA7ION 37976 001_043.000.593 LEGALPUSLICATION 37977 001_043.000.513 L�GAL I'UBL[CATION 38002 009.043_000.513 LEGAL PUSLtCATION 38006 001.058.056.558 LEGAL PUBLICA710N 38007 001.013.000.543 LEGAL PUSLICATNON 38008 001 A58.056.558 LEGAL PUBLICATION 38009 001.058.056.558 LEGAL PUBLICA710N 38010 004.058.056.558 LEGAL PUBLICATION Total : 21174 00'I.096.000.521 F1RE DCi'1NGUISHER SERVICE: PR Total : 0118736 310.000.'I6'I.594 PHASE 9 EM/1RONM�1�lTAL S1�E A: %tal : 6/14/2012 ��1253 GORDON THOMAS HONEYWEL� MAy'I2 '1042 001.099.000.591 LOSBYIST SERVICES 6/44/2072 002684 HINSHAW, CAF21 6/14/2012 000070 [NLAND pOWER 8�L1GHT CO 6/14/2092 000388 tRV1N WATER D15T.#�6 6/94/2012 001944 LANCER L7D 6/94/20'I2 002259 MENKE JACKSON SEYER EHILS . Tofa[: Expenses 009.058.056.558 DCPENSE REIMBURSEMENi Toial : 94202 May 2012 9 09_042.000.542 UT[LITI ES:MAY 2012 PW 001.076.300_576 UliL171ES:PAF2KS 7o#al : Toial: 0427698 001.013.015.515 BU511�lE5S CARDS: LEGAL Total: 439 00'I.0�3.015.515 PROF SVCS: RE:HOLLYWOOD ER� 410.85 25.00 43.35 42_50 51.20 91.80 25.00 65.45 68_85 68.00 481.15 696_17 696.17 500_00 500.0 D 3,114.75 3,114.75 'I31.19 131.19 389.9 2 389.12 166.00 �ss.00 59.24 59.24 742.00 Page: 2 �rchlist Voucher List Page: 3 06M4120'12 3»�0:15PM Spokane VaCley Bank code: apbank Voucher Date Vendor Invoice �undlDepf DescriptioNAccount Amount 26??2 6/74/20�[2 002259 MENKE JACKSON BEYER EHILS (Continued) 470 001.013.0'[5.575 ATf'MOBILETAXREFUND 1,077_3a 577 001.013.015.595 SPOKANE VALLEYIMONTGOMERY 99.$a TofaC: 7,859.1D 26223 6/14I2412 000258 MICROFLEX INC. 00020665 441.090.000.51$ TAXTOOLS SOFTWARE RENTAL�h 343.$3 Tota[: 343.83 26224 6/14I2412 444132 MODERN ELECTRIC WA7ER CO 17945437 909.042.044.542 UTILITEES: PW NOT ON MASTER BI 24.18 May 2012 007.076.342.576 UTILITIES: PARKS 2,462_19 TotaI : 2,486.37 26225 61'[4120'12 009832 MT HOOD SOLUTlONS 0847544 001.076.345.575 CLEAN[NG SiJPPLIES: CENTERPLE 409.26 Total : 409.26 26226 6/14/2012 000662 NATL BARRICADE&S1GN CO 76234 101_042_Oa0.542 SfGNS/SUPPLIES: PW �91.33 7otal : 591.33 26227 6/14/2012 000239 NORTHWEST BUS[NESS STAMP 1NC. 87948 001.p32.000_543 STAMP: ERICAAMSDEN 56.52 $7170 001.01$,016.5'[6 NAME BADGE 16_85 7otal: 73.37 26228 6/94/2072 000911 NOTE, INGA Expenses 'I01.042.000.542 F�CPENSE RE[MBURSEMENT 57.23 7ota1: 57.23 26229 6/94/20'I2 000652 OFFICE QEPOT INC. 610925061001 004.032.000.543 OFFICE SUPPLIES: PW 50.85 Total : SU.85 26234 6/74/2012 000881 OXARC R132385 141.042.000.542 SUPPLIES: PW 90.$2 Total : 90.82 26239 6/14/2012 002927 PARKER PA1NT MFG.CO, 1NC. 0�7015403 001.076.305.575 PAINT SUPPLIES: CP 45.27 Total : 45_27 26232 6/14/2012 001860 PLATT '[664739 401.076_305_575 SiJPPL[ESATCENTERPLACE 18.97 '[754947 001.076.305.575 SLIPPL[ESATCENTERPLACE 24.aa Totaf: 42.97 Pag�: 3 rrchlist VouCher List Page: 4 06M4120'!2 3:00:15PM Spoka�e Va[Iey Bank code: apbank Vo�cher Date Vendor In�oice F�ndlQept oescriptioNAcco�nt Amount 26233 6114120i2 000019 PLIRRFEC7 LOGOS, Ii�IC_ 29434 001,076.301.574 GRAND OPENING SIGN:GREENAC 100_00 26234 26235 26236 26237 2sz3s 29443 6/14/2012 002305 SAFEGIlARD BUSiNESS SYSTEMS 027894156 6!'14120'[2 000709 SENSKE LA1NN&TR�E CARE WC. 4524990 5036532 6114120t2 000854 SHERRY PRATC VAi�I VOORHIS, INC '[349.01 6/14/2012 00253i SIX ROBBLEES INC 5-636953 6/14/2012 000779 SOiJTNARD, BRAD r636975 MAy 2012 26240 6114120'12 000172 SPOKANlE CO Ei�IG[NEER VLY1205 26241 6/1412�'12 000406 SPOKANE REGIONAL CVB _ 95875 26242 6/1412�'12 002978 SPOKANE SODAWORKS M92252 2E243 61t412�'12 000404 SPOKANE VALLEY HERI7AGE MUSEUM June 2012 262A�4 61t4/2�'12 000065 S7APLES ADVAN7AGE 8022023853 001.076.301.574 S1GNS FOR PARKS: NE1N VINYL '[20.00 Tofia[: 220_QQ 001.076.305_575 PENS:CENTERPLACE 532.25 Tofai: 532.25 101.042.000.542 2092 EMERG�NCYTRAFFIC COI�T 542.71 001.016.000_529 CON7RACT MA1NT_MAY2012 PRE� 750.96 Totaf: 1,293.fi7 309.3�9.165.594 Q965 7ERRACE VIEW PARK-PRO,. '1,267_50 Totat: 1,2B7.5Q 909.000.000.542 SUPPLIES: PW 37_61 '1�'1.000.000.542 SiJPPLIES: PW 380_56 Tofial : 418.17 '1�'1.042.000.542 2�12 D�AD ANiMAL REMOVAL 385.Q0 To1aI : 385.QQ 1Q1.042.Q00.542 COUNTYSERVICES Tofial : 105.105.��'1.557 2012 LODGfNlG 7AX REfMB�IRSEME Tofial : 101.000.��0.542 SNOW PLOW REPAfR: PW Total : 105.105.��5.557 2012 LODGING 7AX GRANT REIMB To1al : 001.058.Q57.559 OFFICE SUPPLIES 53,986.76 53,985.76 15,7Q�4.68 75,744.68 4,235.14 4,235.i4 4,840.$5 4,84�.85 372.i 6 Page: 4 vchlist Voucher List pag�, � 06I1412012 3:Od:'ISPM 5pokane Va1ley Bank code: �phanEc Voucher Date Vendor invoice Fundlpept DescriptionlAccount Amaunt 26244 6/1�4/2d12 000065 000065 STAPLESADVA�ITAGE (Continuec� Tatal • 372.46 26245 6I9412012 001895 TAYLOR ENGI1�lE�RWG 1NC 'I 303.303.1�49.595 0149-ON CALL ENG, dES,AUTOC. 1,405.26 1 303.303.154�.595 0154-ON CALL ENG, dES,AUTOC. 995.39 1 303_303.160.595 0160-ON CALL ENG, dES,AUTOC. 117.10 262�46 262�47 26248 26249 61'[�4I2012 000087 VERIZON WIRELESS 1085102488 1085104236 fi/1�412012 000038 WASiE MAN�IGEMEhfT OF SPOKAI�lE 00554�2r'1518-3 fi11�412012 002�497 WILBERTPR�CAST, !NC 6/14/2092 002659 WOODARD,�1RNE 49 Vouchers for bank code: apbank 49 Vo�chers in this report '10'1570 Expe�ses Expe�ses 001.0'I 6.000.521 001.0'[6.Odd.521 402.402_000.538 101.042.000.542 001.d11.000.511 00'I_011.000.511 Tatal : 2,577.75 AIR CARD FOR SHERIFF 40.01 AIR CARDS FOR POL[CE dEPARTh 800.20 Total : 8�40.21 WASTE MGMi":MAY 20'12 1,702.98 Total: 4,702.98 �LECTRICAL BOX-PW 456.54 7ota1: 456.54 EXPENSE R�[MBURSEMENT '12fi.04 EXPE1�lSE REIMBURSEMENT 73.83 Total : 199.87 . , . . , . i �c�, ���� � Page= 5 CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: 06-26-2012 Department Director Approval : ❑ Item: Check all that apply: � consent ❑ old business ❑ new business ❑ public hearing ❑ information ❑ admin. report ❑ pending legislation AGENDA ITEM TITLE: Payroll for Period Ending June 15, 2012 GOVERNING LEGISLATION: PREVIOUS COUNCIL ACTION TAKEN: BACKGROUND: OPTIONS: RECOMMENDED ACTION OR MOTION: BUDGET/FINANCIAL IMPACTS: Employees Council Total Gross: $ 235,672.43 $ - $235,672.43 Benefits: $ 37,987.64 $ - $ 37,987.64 Total payroll $ 273,660.07 $ - $273,660.07 STAFF CONTACT: Raba Nimri DRAFT MINUTES City of Spokane Valley City Council Regular Meetings Formal Meeting Format Tuesday, June 12,2012 Mayor Towey called the meeting to order at 6:00 p.m. Attendance: Citv Staff Tom Towey, Mayor Mike Jackson, City Manager Gary Schimmels, Deputy Mayor Cary Driskell, City Attorney Dean Grafos, Councilmember Mark Calhoun,Finance Director Brenda Grassel, Councilmember John Hohman, Community Dev. Director Chuck Hafner, Councilmember Mike Stone,Parks &Recreation Director Ben Wick, Councilmember Mike Basinger, Senior Planner Arne Woodard, Councilmember Steve Worley, Senior Engineer Inga Note, Traffic Engineer Kelly Konkright, Deputy City Attorney Doug Powell, Acting Building Of�cial Carolbelle Branch,Public Information Officer Christine Bainbridge, City Clerk INVOCATION: Pastor Craig Smart of Valleypoint Church ga�e the invocation. PLEDGE OF ALLEGIANCE: Mayor Towey led the Pledge of Allegiance. ROLL CALL: City Clerk Bainbridge called the roll; all Councilmembers were present. APPROVAL OF AGENDA: It was moved by Deputy Mayor Schimmels, seconded and unanimously agreed to approve the agenda. INTRODUCTION OF SPECIAL GUESTS AND PRESENTATIONS: n/a COMMITTEE,BOARD,LIAISON SUMMARY REPORTS: Councilmember Hafner: reported that he attended two STA (Spokane Transit Authority) meetings where their budget was discussed, and said it was approved to put some type of tracking device into all buses; said he went to the Greenacres Park opening; attended the PACE Awards program by Valley School Districts and said there were about 400 people in attendance; went to the GMA (Growth Management Act) Meeting which deals with stopping sprawl within the County and concerns allowing certain developers to come into the area, and said they will meet again tomorrow morning, adding that final decisions for coming into the area rests with the Board of Spokane County Commissioners; said he went to an Emergency 9-1-1 meeting, and explained that this is the same board that works with crime check, and said they are putting up seventeen different stations throughout the County so fire can communicate with law enforcement, and vice versa. Councilmember Grassel: said she also attended the Greenacres Park opening, and she thanked Mary Pollard and members of the Greenacres Neighborhood Association, and thanked the City's Parks Department for the program; said she went to the Sports Committee meeting, which she explained is an advisory board looking at all the facilities we have in the County for sporting events to determine if there is a need for a regional sports facility, and if so, in what location, and said she and Parks and Recreation Director Stone attended and presented some options for locating such a facility here in Spokane Valley; reported that the Economic Development Ad Hoc Committee held their second meeting and re-identified the purpose of that committee, which is to identify gaps that council might want to pursue in future years. Councilmember Grassel said they identified different sectors in our City including business, tourism, and Council Regular Meeting 06-12-2012 Page 1 of 9 Approved by Council: DRAFT hospitality, and will pursue those at a future meeting with those future leaders; and said they expect to meet again towards the end of June. De�utv Mavor Schimmels: said he attended the Greenacres Park grand opening; the STA Committee Planning meeting; and the SRTC (Spokane Regional Transportation Council) meeting regarding their budget. Councilmember Grafos: said he attended today's City budget retreat and said he went to the Greenacres Park opening, and the GMA meeting previously mentioned. Councilmember Wick: said he attended two Visit Spokane meetings and they discussed a report on a year-long study in one meeting, and the other meeting focused on Spokane Valley; said he also attended the Economic Development Ad Hoc Committee; and went to a SNAP meeting; and mentioned he is the proud father of a baby girl born Saturday morning. Councilmember Woodard: reported that he attended the PACE Awards, went to both Visit Spokane meetings; attended numerous Chamber of Commerce meetings; went to the traffic impact study at the Fire Station concerning the proposed library at Balfour Park; went to the Greenacres Park grand opening; and participated in today's budget retreat. MAYOR'S REPORT: Mayor Towey extended thanks to Councilmembers for their dedication to the committees on which they serve, that there are twenty-six committees council is assigned to, and it is very important that we have a voice; said he went to the PACE Awards and appreciates the students' commitment to character; attended the Northeast Mayor's Conference in Deer Park; went to the Greenacres Park Grand Opening; spoke with Matt Shea and Mike Paddon about the last legislative session; met with the Finance Committee to discuss future finances; went to the Clean Air Committee meeting; yesterday went to the Downtown Association meeting where they discussed the need for signs on I-90 to identify the various jurisdictions and to divert people to those areas; and said he also participated in today's city budget meeting. Councilmember Woodard extended apologies to the Mayor, Council, members of the Public, the Argers, and the City Clerk for being unruly at the last meeting in his zeal to get information about Comprehensive Plan Amendment CPA OS-12. PUBLIC COMMENTS: Mayor Towey invited public comment. Jerry Combs, 405 N Sonora; Vicki Endicott, 613 N Conklin Road; Jan Wold, 503 N Conklin Road, and Tom Felton 409 N Sonora; all spoke in opposition to the proposed rezoning on CPA OS-12. 1.PUBLIC HEARING: Draft 2013-2018 Six Year Transportation Improvement Plan—Steve Worley Mayor Towey opened the public hearing at 6:34 p.m. and invited Mr. Worley to discuss the Draft Transportation Improvement Plan (TIP). After Mr. Worley explained the different categories that make up this report, Mayor Towey invited public comments. Jerry Combs, 405 N Sonora said he wondered why the County wants to rebuild Bigelow Gulch and said if the County moves funds for that project to the North/South Freeway, that would make sense. There were no other public comments and Mayor Towey closed the public hearing at 6:41 p.m. 2. CONSENT AGENDA: Consists of items considered routine which are approved as a group. Any member of Council may ask that an item be removed from the Consent Agenda to be considered separately. a. Approval of the following claim vouchers: VOUCHER LIST DATE VOUCHER NUMBERS; TOTAL AMOUNT OS/11/2012 25922-25973 (-25942); 504120023, 504120120 $553,500.02 OS/17/2012 26000-26040 $996,22036 OS/17/2012 26041-26051 $95,310.01 OS/17/2012 26052 $23.81 OS/18/2012 2928-3931 $63,503.07 OS/21/2012 26053 $54,260.87 Council Regular Meeting 06-12-2012 Page 2 of 9 Approved by Council: DRAFT OS/25/2012 26055-26076 $151,968.68 OS/25/2012 26077-26101 $66,954.69 OS/31/2012 26102-26126; 529120029 $254,125.44 OS/31/2012 26127-26133 $9,44939 GRAND TOTAL $2,245,316.34 b. Approval of Payroll for period ending May 31, 2012: $397,473.86 c. Approval of Minutes of May 15, 2012 Council Study Session Format Meeting d. Approval of Minutes of May 22, 2012 Council Formal Format Meeting e. Approval of Minutes of May 29,2012 Council Study Session Format Meeting It was moved by Deputy Mayor Schimmels, seconded and unanimously agreed to approve the Consent Agenda. NEW BUSINESS: 3. Second Readin�Proposed Ordinance 12-016 Amendin� Spokane Valley Municipal Code Title 24— John Hohman After City Clerk Bainbridge read the ordinance title, it was moved by Deputy Mayor Schimmels and seconded to adopt Ordinance 12-016 amending Spokane T�alley Municipal Code Title 24, Building Code. After Community Development Director Hohman briefly mentioned that the proposed modifications were discussed several weeks ago, Acting Building Official Doug Powell gave a quick synopsis of those changes. Mayor Towey invited public comment no comments were offered. T�ote by Acclamation: In Favor: Unanimous. Opposed:None. Motion carried. SPECIAL ADMINISTRATIVE REPORT: 4.Pavement Preservation Update Projects—Steve Worley Senior Engineer Worley gave a recap of what has taken place since Council approved the Pavement Management Plan last March; and per his Request for Council Action Form, stated that the first phase was put out to bid; and tonight he seeks consensus from council to move ahead with the Phase 2 Street Preservation Project bid as we are fairly late to start the bidding of road projects; and said by the time the contract work actually starts, it will be August. As Mr. Worley went through his PowerPoint presentation, he stressed that the numbers are preliminary, are staff's best estimates, and are subject to change once the invoices actually come in; he commended staff on the time frame to turn out the phase 1 bid, which he explained was very short, and said they needed to get the results for this so we know how much we need for the second phase. Mr. Worley explained that the bids were very favorable and that we will do as many projects as we can and still structure the phase 2 bids so projects can be added that will fit in the budget. Mr. Worley explained which projects which be delayed and which have been or will be completed. Mayor Towey asked if there was any objection to having staff move forward with the Phase 2 StreetPreservation Projectbid and no objections were voiced. NEW BUSINESS (con't): 5. Motion Consideration: Bid Award—Pavement Preservation Project Phase 1 —Steve WorleX It was moved by Deputy Mayor Schimmels and seconded to award the 2012 Street Preservation Project Phase 1 to Spokane Rock Products, Inc. in the amount of$630,799.53 and to authorize the City Manager to finalize and execute the construction contract. Mr. Worley explained that we had �ve bidders and that Spokane Rock Products, Inc. was the apparent low bidder; and staff recommends awarding the bid to Spokane Rock Products. Mayor Towey invited public comment. Tony Lazanis talked about putting University Road through and having a bridge across sometime in the future. There were no further comments. T�ote by Acclamation: In favor: Unanimous. Opposed:None. Motion carried. In response to Mr. Lazanis' comments, Mr. Worley said we have funding to study that University overpass and staff has issued an RFP (Request for Proposal) for a consultant to do that study and said the consultant should be coming on soon, and agreed it would be beneficial to have help with traffic on Argonne and Pines. PUBLIC COMMENTS: Mayor Towey invited public comments; no comments were offered. Council Regular Meeting 06-12-2012 Page 3 of 9 Approved by Council: DRAFT ADMINISTRATIVE REPORTS: 6.Project Access U�date—Sarah Bates,Project O�erations Mana�er Director of Project Access Mr. Lee Taylor said they are here tonight to say thank you to Council for the important funding and for this City's support. Operations Manager Sarah Bates gave some background of their organization; said they are a nonprofit organization that coordinates health care for uninsured residents; and she explained about their process for qualifying patients. Ms. Bates introduced Mr. LaDue who recently benefitted from their services; and he gave his statement of how the medical services offered through Project Access saved his life. Mayor Towey thanked Mr. Taylor and Ms. Bates for their service and commitment to the community. 7.Pro�osed Com�Plan Amendment CPA OS-12 (601 N Conklin)—Mike Basin�er Community Development Director Hohman explained that the last time this proposal was discussed, there were a lot of questions so staff went back to pull all the information together from the beginning, and said tonight's report includes information on the entire process. Senior Planner Basinger explained the history of this privately initiated comprehensive plan amendment where the applicant is requesting to change the zoning designation from medium density residential to high density residentiaL Mr. Basinger then gave a brief overview of the property in question; and said staff recommends approval based on consistency with the Comprehensive Plan and the Spokane Valley Municipal Code; he explained that at least one of the five possible Findings listed in the City's Code under 17.80140 must be used as the approval criteria when making a decision for a Comprehensive Plan Amendment and that all the listed factors must be considered when making those findings; and he further explained that staff's recommendation to approve is based on three of the five �ndings; e.g. (a) state standards and that the City's regulations will protect the health, safety, welfare, and environment (b) it must be consistent with RCW 36.70A, which is the Growth Management Act., and the policies and goals contained in our Comprehensive Plan; and (c) that development over time has created a situation where the property's designation is no longer appropriate, and he said we know that because the property owner who purchased it in 2006, has been unable to do anything with this property since; and there has been substantial development to the north with our commercial development, and that there have been improvements on Broadway. Councilmember Hafner asked for clarification concerning the benefit to the neighborhood. Mr. Basinger said when staff looks at this, they look at neighborhoods in a broader scale; that this is a benefit as it is a very good place for multifamily development and there are services available across the street, there is transportation available, and there is also public transportation provided to the site just down the street on Sullivan; and said staff believes this will be good for the neighborhood in the long-run. Mr. Basinger showed a graphic depicting the recommendation of the Planning Commission, which was conditional approval that one parcel be designated community commerciaL Mr. Basinger said that would not work for the property owner or the city as that takes density away from him, and said staff would not agree with that recommendation, but rather recommend the designation remain as the applicant requests. Mr. Basinger said the Planning Commission also requested that there be a successful negotiation of a development agreement that should include an expanded landscape buffer between the proposed development and the adjacent residences on Moore, A1ki and Senora Streets, although he explained that the Commission didn't indicate how much of an increased buffer; and said the Commission also wanted appropriate restrictions on density and height to better blend the neighborhoods; although Mr. Basinger said they didn't stipulate what that would be and the Planning Commission wanted staff to work that out with the developer; and Mr. Basinger said if we got to that point, a development agreement would be brought forth for council consideration. To clarify and in response to council question, Mr. Basinger explained that a multi-family development doesn't identify with a rear or front setback but rather a setback on all sides. Councilmember Grafos asked if the buildings along the parameter could be limited to single story, such as garages, without a development agreement and Mr. Basinger concurred that is correct. City Manager Jackson asked if in that buffer zone the height would be limited to single story, if that would that be under the existing code and if not through a development agreement, how would that be regulated; and Mr. Basinger said the only way to accomplish that would be through a development Council Regular Meeting 06-12-2012 Page 4 of 9 Approved by Council: DRAFT agreement. Mr. Basinger explained that the e�sting code for residential standards requires a five foot side yard setback, a six foot high site obscuring fence and a mix of plantings in that�ve foot setback; and that the maximum height in that MF-2 designation is 50', compared with the MF-1 maximum height of 40'; the density in MF-2 is 22 units per acre with the MF-1 having 12 units per acre. Questions arose about whether an elevator would be mandated and Mr. Basinger said the Building Code would require an elevator if the height were 50',but it is his understanding that the Argers do not want to put in an elevator due to the expense, and would therefore,keep the building below that 50' height. To clarify bonus density, Mr. Basinger explained that our code provides density incentives to encourage development of affordable housing; and said this particular element was included in the code because of the applicant and his previous need to develop this particular property; that he worked with staff, our attorneys, and the Housing Authority to put together a code that could be used as bonus densities for affordable housing; and said this applies to MF-1, MF-2, Corridor Mixed Use, and Mixed Use Center; and said the maximum increase allowed for bonus density is 60%, and said SVMC (Spokane Valley Municipal Code) 1935 stipulates those amenities that can be used to increase that density. Mr. Basinger said the site today could accommodate 127 units with a bonus density, it could accommodate 204; and the proposed MF-2 today could accommodate 233 units, and with a bonus density 373 units; and Mr. Basinger said that the applicant is not proposing to do a residential bonus density, but these numbers are submitted to council for comparative purposes; adding that the applicant was previously unable to acquire �nancing for affordable housing, and in fact, Mr. Basinger said so far we have not found anyone to take advantage of the residential bonus density; but the reason the applicant seeks the higher density, is to construct a high quality multi-family project. Mr. Basinger stated that the stipulations for affordable housing only apply for a new project and wanted Council to be aware that any development agreement runs with the land and not with the owner; so if the owner had a development agreement and sold the property, the development agreement with its stipulations would stay with the land and any subsequent owner. Mr. Basinger also briefed Council on the noticing requirements for comprehensive plan amendments; and said because this was privately initiated, the applicant was required to facilitate the noticing and the City makes sure that noticing is done according to state law. Mr. Basinger said notice was mailed to property owners within 400 feet of this site; and clarified that notice was for the Planning Commission public hearing as that is what is required; and not for any subsequent meetings at Council; but that by direction of the City Manager, Mr. Basinger said he put large notices on the signs on the property that indicate that future meetings concerning this site will be posted on the city's website. Mr. Basinger said the notice of the Planning Commission public hearing is also published in the Valley News Herald,posted at the Library, at CenterPlace, at our Permit Center, and at our Main Reception Desk. Traf�c Engineer Note explained some of the transportation and concurrency issues and our requirement for traffic studies and how they are conducted. Ms. Note said State law requires us to follow RCW 36.70A.070 which stipulates that all agencies must provide adequate transportation facilities concurrent with development that our standard is measured by intersection level of service; and that we look at how well an intersection is operating, which is measured in terms of delay, with a scale of A through F with A being good, and F meaning the intersection has failed; and said that for example if someone is waiting for three minutes to get through the intersection, the level of service drops to F. Ms. Note said our threshold as noted in our Comprehensive Plan is D for signalized intersections, and E for stop sign controlled intersections. In addition, Ms. Note said approximately every three or four years she conducts a city- wide analysis of all the arterial intersections,with those results put into a table in our Comprehensive Plan in the Transportation Facilities Chapter; and she said she also does a forecast using SRTC's Regional Travel Demand Model, pushed out six years, and said she predicts what the level of service will be six years in the future; and said she looks at the out years for the SRTC model which the last time was 2030, so she explained she predicts what intersections will be doing in 2030. With that tool and data, Ms. Note said she and Mr. Worley discuss what will be included in the Transportation Improvement Program (TIl') for the next few years; and if an intersection appears it will fail in a few years, she recommends looking at some type of improvement to include into the TIl'. Ms. Note said when a project like this comes in for a re-zone, she looks at where it is, said she generally has an idea of how much traffic an apartment complex Council Regular Meeting 06-12-2012 Page 5 of 9 Approved by Council: DRAFT will produce, and she looks around to see if there are any intersections that are close to failure; and said in this case, she did not see any such intersections so no further study was deemed appropriate at this point. Once such a project gets approved and it moves to the permitting stage, Ms.Note explained that they next address a project-level analysis, and they do that by examining the size of the project she said small projects would be exempt like stand-alone coffee stands or small of�ce projects. She said on the majority of their projects they require a trip generation letter, which is prepared by a licensed traffic engineer that predicts how much traf�c the project will generate, where the traf�c will go, and provide a site plan to show what the driveways will look like so we can address safety impacts; and said such a letter is usually appropriate for a subdivision of thirty units, or a smaller retail project like a grocery store. Ms. Note said a full traffic impact analysis would be required when she feels there could be an impact to one of our interior intersections that needs to be studied; and said lately these have only been required for very large projects like the Wal-Mart going in on Sprague, or any of the larger subdivisions, or if a specific safety issue needs to be analyzed. In addition to the traf�c impact analysis, she explained that staff sometimes conducts public meetings; and said there was such a meeting recently on the proposed library, there was one for the Wal-Mart project, and one for the beach house at Trailhead, which is the apartment complex going in off the Indiana Extension next to the River; and said the purpose of the meeting is to explain to the neighborhood the results of the study and what kind of mitigation there might be; and to also get feedback on other issues or concerns such as how construction might be handled or how construction traffic will be routed. In response to question, Ms. Note clarified that Conklin is a collector; and if there was a desire to improve the road, they would examine whether there would be a need to have more than a 40' right-of-way; she said that is not in the TIP but could be added if there was a need to add sidewalk or widen the street. In response to how roads are re-classified, she explained that once a road gets more than 1200 to 1500 vehicles daily, they start to examine whether the road should be reclassified. Councilmember Woodard asked about the process for such a reclassification and Mr. Basinger said that would be done through the comprehensive plan process and advertised through the previously mentioned process. Councilmember Grassel asked if it is possible to get information if a 220 unit complex were added versus a 127 unit, and what the estimated car traf�c would be, and Mr. Jackson said we could do that and the explanation would include how that information was derived. Ms. Note said the process is not complex but one of the reasons we don't do such a study at this stage is we don't always know what the developer wants to build; and if we underestimate, then they would have paid for a traffic study just to come back and re-do it if they add more units when they actually go through the permit process; but said she could put together an estimate if Council desires. Ms. Note clarified that the numbers staff uses to calculate traffic is a calculation done by hand, whereas the SRTC model uses �gures to forecast traf�c in the future. Senior Planner Basinger said the next step to discuss is, how Council could like to pursue this proposal; he said staff's recommendation is to pursue the proposal as submitted by the applicant and he noted other options would include (1) council directing staff to work with the applicant on a development agreement and Mr. Basinger clarified that the applicant must be willing to do whatever is or would be stipulated in such an agreement and that it works for his plans; he added that Council can voice concerns as the Planning Commission did such as they wanted increased buffering; and said those steps would get us moving in a general direction; then staff would bring that back for consideration; and another option for council would be (2) to refer this back to the Planning Commission to hold another public hearing; or (3) Council could deny the proposal. Councilmember Hafner said the problem he has is the staff recommendation was different from that of the Planning Commission, which he said puts Council in a quandary; he said Council hasn't studied this or heard all the hearings, yet will have to make a decision; and said if it goes back to the Planning Commission it would likely come back with the same recommendation, which staff might not agree with; and he stated that Mr. Basinger "should have got his act together prior to coming to the council." Mr. Basinger explained that staff doesn't always agree with the Planning Commission; that staff's recommendation is based on the policies and goal in the Comprehensive Plan and the Spokane Valley Municipal Code all adopted by Council; whereas the Planning Commission is subjected to the public comments' feelings to not have this at all; and said that Council Regular Meeting 06-12-2012 Page 6 of 9 Approved by Council: DRAFT the Planning Commission had the staff's report, but the Commission wanted extra conditions imposed, which is the reason for their suggested development agreement. Again, Mr. Basinger said it is his hope to get direction from Council tonight as the applicant is waiting for direction; and if council were inclined to move toward a development agreement, staff could start pursuing that option with the applicant. After discussion among Councilmembers concerning the pros and cons of all the options, �ve Councilmembers indicated their preference to move forward to a first ordinance reading without a development agreement and two Councilmembers (Mayor Towey and Councilmember Grassel)indicated their preference for a development agreement therefore,it was determined that this will be brought to the June 26 council meeting for an ordinance first reading of the amendment as proposed by the applicant. Mayor Towey called for a recess at 8:25 p.m., and reconvened the meeting at 8:40 p.m. 8. Old Milwaukee Trail Draft Interlocal A�reement—Cary Driskell City Attorney Driskell reported that City staff and Spokane County staff have been discussing a potential interlocal agreement concerning the two jurisdictions cooperating on the location, construction, and maintenance of a multi-use trail along the former Milwaukee railroad right-of-way; and he gave some history of that right-of-way as noted in his June 12, 2012 Request for Council Action form; adding that Spokane County had this on their consent agenda this afternoon and they passed it contingent on it moving forward to our City. Council concurred to move this item forward for a motion consideration at the June 26 meeting. At 8:55 p.m., it was moved by Deputy Mayor Schimmels, seconded and unanimously agreed to extend the meeting one hour. 9. Washin�ton State De�artment of Trans�ortation Grant, Call for Projects—In a� Note Traffic Engineer Note explained that the Washington State Department of Transportation (WSDOT� issued a 2012 Call for Projects for the Pedestrian and Bicycle Program, and applications are due June 30, 2012, although the grant will not be awarded until June 2013. She said the amount of funding will be determined by the legislature, but it is expected to be between eight and ten million statewide. Ms. Note said staff has evaluated the Pedestrian and Bicycle grant criteria and feel the Appleway Trail Project (University to Evergreen)is the best fit for this grant. Ms.Note stated that the County still owns the right- of-way and the City and the County are negotiating for an interlocal agreement to develop the trail, and said the grant will be submitted jointly by Spokane Valley and Spokane County. City Manager Jackson added that once the interlocal has been approved by both parties, we will have the responsibility for the maintenance, which could be $7,000, $8,000 or more per mile, and said it will depend on how this area is designed and its final purpose. Mr. Jackson also stated that although a match is not required, preference will be given to projects that provide a match and said we would only spend the money if we got the project, and that he assumes the total grant would be less than $1 million, and said unless council objects, he can keep the grant match reasonable. There were no objections from council to staff proceeding with the grant application. 10. S�ra�ue Swale Proj ect U�date—Steve WorleX Senior Engineer Worley stated that late last year staff applied for a Department of Ecology (DOE) grant to eliminate the drywells and to provide treatment for the runoff from Sprague before it hit the e�sting drywells on Sprague; he said that section of Sprague is in a high priority area and staff feels if there were any kind of a spill, it would go directly into a drywell without treatment therefore, staff feels it would be good to provide that treatment before it goes to the drywell; he said the purpose of this project is to upgrade those drywells to swales. Mr. Worley said subsequent to submitting that application to the DOE, Council approved $630,000 in aquifer protection funds to try to move that project forward; based on that Council action, staff contracted with a survey firm last March to perform the topographic survey of that portion of Sprague. In April of this year, Mr. Worley explained, we received notice from the DOE that funding for this project was included in the budget he said we since hired a consultant to prepare the Council Regular Meeting 06-12-2012 Page 7 of 9 Approved by Council: DRAFT plans and specs for the project to get it out to bid. Mr. Worley said that the original grant application anticipated the design work would be done this year and the construction would be done next year; however, based on counciPs desire to try to move this project forward quickly, staff has been diligently working to get a consultant hired and try to get this project completed this year prior to winter. Mr. Worley said as of last week we got 60% of the drawings from the consultant and we are prepared to present those drawings at a public meeting tomorrow night. Mr. Worley said the city's stormwater staff has been meeting with business owners along the project site to let them know about the project and to get comments and feedback; that we heard comments for and again; and said some like the idea of street trees and others do not as it might block a business sign. Mr. Worley said there is also a concern about driveway approaches, and some businesses have more driveway approaches than are currently allowed by our Code; and some of those might need to be removed in order to provide room for the swales, which again he stated, is the purpose of this project. Mr. Worley said staff will meet with the public and the individual property owners to figure out how to make this project work. Mr. Worley said they hope to have the bid package ready by July, have the bid opening by the end of August and have the construction in the fall and carryover that into the spring if needed. After Mr. Worley discussed some of the drawings associated with this project, he said part of the project includes narrowing the roadway and reducing the lanes from five to four; and said we don't necessarily need all five lanes; and said our Traffic Engineer concurred five lanes were not necessary; he said once we get to the intersections, we didn't want to dig into the asphalt and relocate all the traf�c loops associated with those signalized intersections, so we aligned those new lanes with the existing traffic loops, which accounts for the slight skew in the traffic lanes; and said if we didn't do it as he explained; we would have to dig up the traf�c loops and have them align with the new lanes;which staff felt wasn't necessary. Mr. Worley said the swales are not depicted on these drawings as we are still working on how many we need, how many driveways might ha�e to be removed, and how we can fit all the treatment area into that space. Mr. Worley added that we are also proposing to resurface a section from Park Road as far as the I- 90 interchange, which is slightly beyond this Thierman intersection; and said that will be bid with this project and we hope to get it out soon enough to get the pavement work completed prior to winter. Councilmember Grassel asked about the width of the swales, and Mr. Worley said some swales can be wide depending on how far we have to bring in the curbs. Councilmember Grassel asked about the on- street parking on that side of the road that she mentioned previously, and whether that would be possible. Mr. Worley said there was previously a lot of discussion about parking and street-scaping, and landscaping, and said that discussion will be separate, as this project is specifically related to creating the swales in order to provide treatment prior to discharge into the drywells; and other issues for this corridor, he explained, would have to be addressed through some other project. Councilmember Woodard mentioned that this stretch of roadway doesn't have the same on-street parking problems; that he has looked at all the businesses in that area and saw only two businesses that might benefit from on-street parking as the other businesses have substantial parking; and he said he doesn't have any problem with this project and while he doesn't particularly like swales, said this project would start to slow the traffic. Councilmember Grassel said she feels aesthetically it looks odd since one side is wider than the other; and said it wasn't what she had pictured; and she asked why we would remove a lane; and why not just put the swale in the fifth lane. Mr. Worley said to provide the necessary treatment area, we have to bring in the curbs and narrow the road; and there are numerous utilities under this roadway at the edges; and said we are trying to do this project while not hitting any of those utilities; and one way to narrow the road would be to reduce the number of lanes; stating that he's not sure all those issues could be accomplished without removing one lane. Councilmember Grassel asked if the one sidewalk could be brought in some and Mr. Worley said that is possible; that one of the things they tried to do with this preliminary plan is to leave as much of the e�sting sidewalk where it is as that saves money; and said if we were to bring the whole sidewalk up to the new curb, we would have to tear out all the e�sting sidewalk, then reconstruct new sidewalk behind the new curb. Mr. Worley said some of the plans show that we take out some of the sidewalk and "bump" the sidewalk around some existing power poles which are right in the sidewalk; and said they Council Regular Meeting 06-12-2012 Page 8 of 9 Approved by Council: DRAFT would have to do an evaluation to determine if there was enough funding in the grant to tear out all the sidewalk along the entire length of the project and replace it in a new location behind the new curb. Councilmember Woodard said he likes the sidewalk being that far back; so we could put the snow in the swale; and said including the bike trail on the north side of Sprague, it appears to somewhat equalize the lanes. Mr. Worley explained that the locations are lining up with the e�sting lanes on the east side of Park as the traffic has to get through the intersection into the lanes; and leave the existing traffic loops in the pavement, which causes it to be wider on one side. Councilmember Grassel asked if there is a way to get a cost estimate on how much it would cost to even that area out so one side doesn't look wider than the other. Councilmember Grafos said part of that is probably just a visual, and the bike lane on the north side makes it appear off-center;but said he feels when the project is actually built, the difference won't be noticeable; said he feels this is a great project and he hopes it can be built this year; and said this should help in the appearance of that area. There was brief discussion about landscaping options and the size and types of trees or shrubs, and Mr. Worley said we would ha�e to check with DOE to see if landscaping other than street trees would be permissible; and he again stressed the purpose of the project is to create swales; and adding funding for additional landscaping he said is an option; adding that we can't put in too many shrubs due to the driveway and the possibility of blocking the site distance for people coming out of those businesses. ll. Advance A�enda—Mavor ToweX Mayor Towey reminded everyone there is no meeting next week. Councilmember Grassel mentioned the timing of the light at Pines coming off the intersection and Mr. Jackson said staff will check into that 12. Spokane Regional Ti^ansportation Council (SRTC) Call for Proiects was for information only, and was not discussed or reported. CITY MANAGER COMMENTS Mr. Jackson said regarding the earlier discussion about the public process when a street is designated an arterial, and said that relates to the comp plan change itself, and that there is another process as well that public works goes through to determine the status of the road, and said staff will do a follow-up information item to council to further explain that process. 13.EXECUTIVE SESSION: Pending/Potential Litigation [(RCW 4230110(1)(i)] It was moved by Deputy Mayor Schimmels, seconded and unanimously agreed 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. Council adjourned into executive session at 9:29 p.m. At appro�mately 10:00 p.m., City Attorney Driskell announced that the executive session has been extended for another twenty minutes. Mayor Towey declared Council out of executive session at approximately 10:17 p.m., and immediately thereafter it was moved by Deputy Mayor Schimmels, seconded and unanimously agreed to adjourn. ATTEST: Thomas E. Towey, Mayor Christine Bainbridge, City Clerk Council Regular Meeting 06-12-2012 Page 9 of 9 Approved by Council: CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: June 26, 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: First Reading Proposed Ordinance 12-017, Coeur d'Alene Tribe Franchise GOVERNING LEGISLATION: RCW 35A.47.040 PREVIOUS COUNCIL ACTION TAKEN: Staff presented an administrative report in May 2012. BACKGROUND: The Coeur d'Alene Tribe of Indians ("CDA Tribe") is seeking to install fiber optic cable from its location in Worley, Idaho, to Liberty Lake, Washington, in order to upgrade its capacity to provide access to the internet and telecommunication services. To accomplish this, the CDA Tribe is seeking permission to run fiber cable along the City's rights-of-way. If the franchise agreement is approved, the CDA Tribe plans to place fiber cable along Barker Road from approximately 11 th Avenue to 8t" Avenue, and then along 8th Avenue from Barker Road to Hodges Road. This agreement with the CDA Tribe grants a non-exclusive franchise for telecommunication facilities within the public rights-of-way of the City. The CDA Tribe does not currently have fiber optic cables in the ROW. This agreement grants a franchise for a period of 10 years, beginning on the effective date of this Ordinance, to install, construct, operate, maintain, replace and use all necessary equipment and facilities to place telecommunications facilities in, under, on, across, over, through, along or below the public rights-of-way and public places located in the City, as approved under City permits issued pursuant to this franchise. Similar to other franchises with private utility companies, the City collects no fee from this agreement. The City has superior right to the use of the rights-of-way. The cost of any new construction or maintenance of the CDA Tribe's facilities shall be solely the CDA Tribe's expense. The City requires the CDA Tribe to maintain insurance through the entire period of this agreement. The City will need to publish a copy of a summary of the franchise in the newspaper prior to adoption, at the CDA Tribe's cost. Staff recommends approval of the proposed franchise. OPTIONS: The Council can approve the franchise, deny the franchise, or request changes. RECOMMENDED ACTION OR MOTION: I move to advance Ordinance 12-017 authorizing execution of a telecommunication facilities franchise with the Coeur d'Alene Tribe, to a second reading. BUDGET/FINANCIAL IMPACTS: None. STAFF CONTACT: Kelly E. Konkright, Deputy City Attorney; Cary P. Driskell, City Attorney ATTACHMENTS: 1. Proposed franchise with the CDA Tribe. 2. Map showing location of where the CDA Tribe plans to place fiber optic cable. DRAFT CITY OF SPOKANE VALLEY SPOKANE COUNTY,WASHINGTON ORDINANCE NO. 12-017 AN ORDINANCE OF THE CITY OF SPOKANE VALLEY, SPOKANE COUNTY, WASHINGTON, GRANTING A NON-EXLUSIVE FRANCHISE TO THE COEUR D'ALENE TRIBE OF INDIANS TO CONSTRUCT, MAINTAIN AND OPERATE TELECOMMUNICATIONS FACILITIES WITHIN THE PUBLIC RIGHTS-OF-WAY OF THE CITY OF SPOKANE VALLEY,AND OTHER MATTERS RELATING THERETO. WHEREAS, RCW 35A.47.040 authorizes the City to grant, permit, and regulate "nonexclusive franchises for the use of public streets, bridges or other public ways, structures or places above or below the surface of the ground for railroads and other routes and facilities for public conveyances, for poles, conduits, tunnels, towers and structures, pipes and wires and appurtenances thereof for transmission and distribution of electrical energy, signals and other methods of communication, for gas, steam and liquid fuels, for water, sewer and other private and publicly owned and operated facilities for public service; " and WHEREAS, RCW 35A.47.040 further requires that "no ordinance or resolution granting any franchise in a code city for any purpose shall be adopted or passed by the city's legislative body on the day of its introduction nor for five days thereafter, nor at any other than a regular meeting nor without �rst being submitted to the city attorney, nor without having been granted by the approving vote of at least a majority of the entire legislative body, nor without being published at least once in a newspaper of general circulation in the city before becoming effective;"and WHEREAS, this Ordinance has been submitted to the city attorney prior to its passage; and WHEREAS, the Council finds that the grant of the Franchise contained in this Ordinance, subj ect to its terms and conditions,is in the best interests of the public, and protects the health, safety, and welfare of the citizens of this City. NOW, THEREFORE, the City Council of the City of Spokane Valley, Spokane County, Washington, ordains as follows: Section 1. Definitions. For the purpose of this Ordinance, the following words and terms shall have the meaning set forth below: 1. "City Manager"means the City Manager or designee. 2. "construction" or "construct" shall mean constructing, digging, excavating, laying, testing, operating, extending, upgrading, renewing, removing, replacing, and repairing a facility. 3. "day" shall mean a 24-hour period beginning at 12:01 AM. If a thing or act is to be done in less than seven days, intermediate Saturdays, Sundays and legal holidays shall be excluded in the computation of time. 4. "franchise area" shall mean the entire geographic area within the City as it is now constituted or may in the future be constituted. Ordinance 12-017 Coeur d'Alene Tribe Franchise Page 1 of 13 DRAFT 5. "hazardous substances" shall have the same meaning as RCW 70.1O5D.020(10). 6. "maintenance, maintaining or maintain" shall mean the work involved in the replacement and/or repair of facilities, including constructing, relaying, repairing, replacing, examining, testing, inspecting, removing, digging and excavating, and restoring operations incidental thereto. 7. "permittee" shall mean a person or entity who has been granted a permit by the Permitting Authority. 8. "permitting authority" shall mean the City Manager or designee authorized to process and grant permits required to perform work in the rights-of- way. 9. "product" shall refer to the item, thing or use provided by the Grantee. 10. "public property" shall mean any real estate or any facility owned by the City. 11. "Public Works Director" shall mean the Spokane Valley Public Works Director or his/her designee. 12. "right-of-way" shall refer to the surface of and the space along, above, and below any street, road, highway, freeway, lane, sidewalk, alley, court, boulevard,parkway, drive, Grantee easement, and/or public way now or hereafter held or administered by the City. 13. "streets" or "highways" shall mean the surface of, and the space above and below, any public street, road, alley or highway, within the City used or intended to be used by the general public, to the extent the City has the right to allow the Grantee to use them. 14. "telecommunications facilities" shall mean any of the plant, equipment, �xtures, appurtenances, antennas, and other facilities necessary to furnish and deliver telecommunications services, including but not limited to poles with crossarms, poles without crossarms, wires, lines, conduits, cables, communication and signal lines and equipment, braces, guys, anchors, vaults, and all attachments, appurtenances, and appliances necessary or incidental to the distribution and use of telecommunications services. The abandonment by Grantee of any telecommunications facilities as defined herein shall not act to remove the same from this definition. Section 2. Grant of Franchise. The City of Spokane Valley, a Washington municipal corporation (hereinafter the "City"), hereby grants unto the Coeur d'Alene Tribe of Indians (hereinafter "Grantee"), a Franchise for a period of 10 years, beginning on the effective date of this Ordinance, to install, construct, operate, maintain, replace and use all necessary equipment and facilities to place telecommunications facilities in,under, on, across, over, through, along or below the public rights-of-way and public places located in the City of Spokane Valley, as approved under City permits issued pursuant to this franchise (hereinafter the "franchise"). This franchise does not permit Grantee to use such facilities to provide cable services as defined by 47 C.F.R. § 76.5(f�. Ordinance 12-017 Coeur d'Alene Tribe Franchise Page 2 of 13 DRAFT Section 3. Fee. No right-of-way use fee is imposed for the term of this franchise. Any such right-of-way use or franchise fee that may be imposed by subsequent ordinance would apply to any subsequent franchise,if any,between the parties. Section 4. Ci , Use. The following provisions shall apply regarding City use. 1. Grantee agrees to reserve to the City the right to access four dark fiber strands (2 pair) along the route identified in Exhibit A as adopted or amended, within the boundaries of the City, for sole and exclusive municipal use or designation (the "City Reserved Fibers"). City agrees that it shall not use the City Reserved Fibers as a public utility provider of telecommunications business service to the public. 2. The City shall have the right to access by connection to the City Reserved Fibers at e�sting Grantee splice points or reasonably established access points within the City limits. The City shall provide at least 30 days written notice of intent to access the City Reserved Fibers. Upon any access or use of the City Reserved Fibers, City shall pay Grantee a recurring monthly charge of$20.00 per fiber pair per mile in use by the City (the "City Fiber Rate") unless otherwise specifically agreed by both the parties in writing and shall enter into Grantee's standard "Fiber License Agreement" which shall govern the terms and conditions for use of the City Reserved Fibers. Said recurring monthly charge shall not be imposed until such time as the fiber is put into use by the City. In the event the City Reserved Fibers are the last fibers remaining in Grantee's fiber bundle, then the following shall apply: A. If the City is using the fibers, then the rate the City shall pay Grantee will change from the City Fiber Rate to Grantee's standard commercial rate. B. If the City is not using the �bers, the City shall have the option of abandoning the City Reserved Fibers in lieu of paying Grantee's standard commercial rate. 3. The City shall pay all costs associated with constructing any connection to the City Reserved Fibers. The City Reserved Fibers shall have a term that matches the duration of this Franchise Ordinance ("Reserved Fiber Term"). 4. Consistent with RCW 35.99.070, at such time when Grantee is constructing, relocating, or placing ducts or conduits in public rights-of-way, the Public Works Director may require Grantee to provide the City with additional duct or conduit and related structures, at incremental cost, necessary to access the conduit at mutually convenient locations. Any ducts or conduits provided by Grantee under this section shall only be used for City municipal purposes. A. The City shall not require that the additional duct or conduit space be connected to the access structures and vaults of the Grantee. B. This section shall not affect the provision of an institutional network by a cable television provider under federal law. C. Grantee shall notify the Public Works Director at least 14 days prior to opening a trench at any location to allow the City to exercise its options as provided herein. Section 5. Recoverv of Costs. Grantee shall reimburse the City for all costs of one publication of this franchise in a local newspaper, and required legal notices prior to any public hearing regarding this Ordinance 12-017 Coeur d'Alene Tribe Franchise Page 3 of 13 DRAFT franchise, contemporaneous with its acceptance of this franchise. Grantee shall be subj ect to all permit and inspection fees associated with activities undertaken through the authority granted in this franchise or under City Code. Grantee shall be subject to all permit and inspection fees associated with activities undertaken through the authority granted in this franchise or under City Code. Section 6. Non-Exclusivitv. This franchise is granted upon the express condition that it shall not in any manner prevent the City from granting other or further franchises or permits in any rights- of-way. This and other franchises shall, in no way, prevent or prohibit the City from using any of its rights-of-way or affect its jurisdiction over them or any part of them. Section 7. Non-Interference with E�stin�Facilities. The City shall have prior and superior right to the use of its rights-of-way and public properties for installation and maintenance of its facilities and other governmental purposes. The City hereby retains full power to make all changes, relocations, repairs, maintenance, establishments, improvements, dedications or vacation of same as the City may deem �t, including the dedication, establishment, maintenance, and improvement of all new rights-of- way, streets, avenues, thoroughfares and other public properties of every type and description. Any and all such removal or replacement shall be at the sole expense of the Grantee, unless RCW 35.99.060 provides otherwise. Should Grantee fail to remove, adjust or relocate its telecommunications facilities by the date established by the Public Works Director's written notice to Grantee and in accordance with RCW 35.99.060, the City may cause and/or effect such removal, adjustment or relocation, and the expense thereof shall be paid by Grantee. The owners of all utilities, public or private, installed in or on such public properties prior to the installation of the telecommunications facilities of the Grantee, shall have preference as to the positioning and location of such utilities so installed with respect to the Grantee. Such preference shall continue in the event of the necessity of relocating or changing the grade of any such public properties. Grantee's telecommunications facilities shall be constructed and maintained in such manner as not to interfere with any public use, or with any other pipes, wires, conduits or other facilities that may have been laid in the rights-of-way by or under the City's authority. If the work done under this franchise damages or interferes in any way with the public use or other facilities, the Grantee shall wholly and at its own expense make such provisions necessary to eliminate the interference or damage to the satisfaction of the Public Works Director. Section 8. Construction Standards. All work authorized and required hereunder shall comply with all generally applicable City Codes and regulations. Grantee shall also comply with all applicable federal and state regulations, laws and practices. Grantee is responsible for the supervision, condition, and quality of the work done,whether it is by itself or by contractors, assigns or agencies. Application of said federal, state, and City Codes and regulations shall be for the purposes of fulfilling the City's public trustee role in administering the primary use and purpose of public properties, and not for relieving the Grantee of any duty, obligation, or responsibility for the competent design, construction, maintenance, and operation of its telecommunications facilities. Grantee is responsible for the supervision, condition, and quality of the work done,whether it is by itself or by contractors, assigns or agencies. If Grantee shall at any time be required, or plan, to excavate trenches in any area covered by this franchise, the Grantee shall afford the City an opportunity to permit other franchisees and utilities to share such excavated trenches, provided that (1) such joint use shall not unreasonably delay the work of the Grantee; and(2) such joint use shall not adversely affect Grantee's telecommunications facilities or safety thereo£ Joint users will be required to contribute to the costs of excavation and filling on a pro-rata basis. Ordinance 12-017 Coeur d'Alene Tribe Franchise Page 4 of 13 DRAFT Section 9. Protection of Monuments. Grantee shall comply with applicable state laws relating to protection of monuments. Section 10. Tree Trimmin�. The Grantee shall have the authority to conduct pruning and trimming for access to Grantee's telecommunications facilities in the rights-of-way subject to compliance with the City Code. All such trimming shall be done at the Grantee's sole cost and expense. Section 11. Emer�enc.��ponse. The Grantee shall, within 30 days of the execution of this franchise, designate one or more responsible people and an emergency 24-hour on-call personnel and the procedures to be followed when responding to an emergency. After being notified of an emergency, Grantee shall cooperate with the City to immediately respond with action to aid in the protection the health and safety of the public. In the event the Grantee refuses to promptly take the directed action or fails to fully comply with such direction, or if emergency conditions e�st which require immediate action to prevent imminent injury or damages to persons or property, the City may take such actions as it believes are necessary to protect persons or property and the Grantee shall be responsible to reimburse the City for its costs and any expenses. Section 12. One-Call S, s� Pursuant to RCW 19122, Grantee is responsible for becoming familiar with, and understanding, the provisions of Washington's One-Call statutes. Grantee shall comply with the terms and conditions set forth in the One-Call statutes. Section 13. Safe . All of Grantee's telecommunications facilities in the rights-of-way shall be constructed and maintained in a safe and operational condition. Grantee shall follow all safety codes and other applicable regulations in the installation, operation, and maintenance of the telecommunications facilities. Section 14. Movement of Grantee's Telecommunications Facilities for Others. Whenever any third party shall have obtained permission from the City to use any right—of-way for the purpose of moving any building or other oversized structure, Grantee, upon 14 days' written notice from the City, shall move, at the expense of the third party desiring to move the building or structure, any of Grantee's telecommunications facilities that may obstruct the movement thereof; provided, that the path for moving such building or structure is the path of least interference to Grantee's telecommunications facilities, as determined by the City. Upon good cause shown by Grantee, the City may require more than 14 days' notice to Grantee to move its telecommunications facilities. Section 15. Acquirin� New Telecommunications Facilities. Upon Grantee's acquisition of any new telecommunications facilities in the rights-of-way, or upon any addition or annexation to the City of any area in which Grantee retains any such telecommunications facilities in the rights-of-way, the Grantee shall submit to the City a written statement describing all telecommunications facilities involved, whether authorized by franchise or any other form of prior right, and specifying the location of all such facilities. Such facilities shall immediately be subject to the terms of this franchise. Section 16. Dan�erous Conditions - Authority of City to Abate. Whenever excavation, installation, construction, repair, maintenance, or relocation of telecommunications facilities authorized by this franchise has caused or contributed to a condition that substantially impairs the lateral support of the adjoining right-of-way, road, street or other public place, or endangers the public, adjoining public or private property or street utilities, the City may direct Grantee, at Grantee's sole expense, to take all necessary actions to protect the public and property. The City may require that such action be completed within a prescribed time. Ordinance 12-017 Coeur d'Alene Tribe Franchise Page 5 of 13 DRAFT In the event that Grantee fails or refuses to promptly take the actions directed by the City, or fails to fully comply with such directions, or if emergency conditions exist which require immediate action, the City may enter upon the property and take such actions as are necessary to protect the public, adjacent public or private property, or street utilities, or to maintain the lateral support thereof, and all other actions deemed by the City to be necessary to preserve the public safety and welfare; and Grantee shall be liable to the City for all costs and expenses thereof to the extent caused by Grantee. Section 17. Hazardous Substances. Grantee shall comply with all applicable federal, state and local laws, statutes, regulations and orders concerning hazardous substances relating to Grantee's telecommunications facilities in the rights—of-way. Grantee agrees to indemnify the City against any claims, costs, and expenses, of any kind, whether direct or indirect, incurred by the City arising out of the release or threat of release of hazardous substances caused by Grantee's ownership or operation of its telecommunications facilities within the City's right-of-way. Section 18. Environmental. Grantee shall comply with all environmental protection laws, rules, recommendations, and regulations of the United States and the State of Washington, and their various subdivisions and agencies as they presently exist or may hereafter be enacted, promulgated, or amended, and shall indemnify and hold the City harmless from any and all damages arising, or which may arise, or be caused by, or result from the failure of Grantee fully to comply with any such laws, rules, recommendations, or regulations, whether or not Grantee's acts or activities were intentional or unintentional. Grantee shall further indemnify the City against all losses, costs, and expenses (including legal expenses) which the City may incur as a result of the requirement of any government or governmental subdivision or agency to clean and/or remove any pollution caused or permitted by Grantee,whether said requirement is during the term of the franchise or subsequent to its termination. Section 19. Relocation of Telecommunications Facilities. Grantee agrees and covenants, at its sole cost and expense, to protect, support, temporarily disconnect, relocate or remove from any street any of its telecommunications facilities when so required by the City in accordance with the provisions of RCW 35.99.060, provided that Grantee shall in all such cases have the privilege to temporarily bypass, in the authorized portion of the same street upon approval by the City, any section of its telecommunications facilities required to be temporarily disconnected or removed. If the City determines that the project necessitates the relocation of Grantee's then- existing telecommunications facilities, the City shall: a) At least 60 days prior to the commencement of such improvement project, provide Grantee with written notice requiring such relocation; and b) Provide Grantee with copies of pertinent portions of the plans and specifications for such improvement project and a proposed location for Grantee's telecommunications facilities so that Grantee may relocate its telecommunications facilities in other City rights-of-way in order to accommodate such improvement project. c) After receipt of such notice and such plans and speci�cation, Grantee shall complete relocation of its telecommunications facilities at no charge or expense to the City so as to accommodate the improvement project in accordance with RCW 35.99.060 �2)� Grantee may, after receipt of written notice requesting a relocation of its telecommunications facilities, submit to the City written alternatives to such relocation. The City shall evaluate such Ordinance 12-017 Coeur d'Alene Tribe Franchise Page 6 of 13 DRAFT alternatives and advise Grantee in writing if one or more of the alternatives are suitable to accommodate the work which would otherwise necessitate relocation of the telecommunications facilities. If so requested by the City, Grantee shall submit additional information to assist the City in making such evaluation. The City shall give each alternative proposed by Grantee full and fair consideration. In the event the City ultimately determines that there is no other reasonable alternative, Grantee shall relocate its telecommunications facilities as otherwise provided in this section. The provisions of this section shall in no manner preclude or restrict Grantee from making any arrangements it may deem appropriate when responding to a request for relocation of its telecommunications facilities by any person or entity other than the City, where the telecommunications facilities to be constructed by said person or entity are not or will not become City owned, operated or maintained facilities,provided that such arrangements do not unduly delay a City construction project. If the City or a contractor for the City is delayed at any time in the progress of the work by an act or neglect of the Grantee or those acting for or on behalf of Grantee, then Grantee shall indemnify, defend and hold the City, its officers, officials, employees and volunteers harmless from any and all claims, injuries, damages, losses or suits including attorneys' fees to the extent arising out of or in connection with such delays, except for delays and damages caused by the City. This provision may not be waived by the parties except in writing. Section 20. Abandonment of Grantee's Telecommunications Facilities. No telecommunications facilities constructed or owned by Grantee may be abandoned without the express written consent of the City. Section 2L Maps and Records Required. Grantee sha11 provide the City,at no cost to the City: 1. A route map that depicts the general location of the Grantee's telecommunications facilities placed in the rights-of-way. The route map shall identify telecommunications facilities as aerial or underground and is not required to depict cable types, number of fibers or cables, electronic equipment, and service lines to individual subscribers. The Grantee sha11 also provide an electronic format of the aeriaUunderground telecommunications facilities in relation to the right-of-way centerline reference to a11ow the City to add this information to the City's Geographic Information System ("GIS") program. The information in this subsection shall be delivered to the City by December 1, annually. 2. In addition to subsection 1 of this section, the City may request that Grantee to provide the information described in subsection 1 of this section. To the extent such requests are limited to specific telecommunications facilities at a given location within the franchise area in connection with the construction of any City project, Grantee shall provide to the City, upon the City's reasonable request, copies of available drawings in use by Grantee showing the location of such telecommunications facilities. Grantee shall field locate its telecommunications facilities in order to facilitate design and planning of City improvement projects. 3. Upon written request of the City, Grantee shall provide the City with the most recent update available of any plan of potential improvements to its telecommunications facilities within the franchise area; provided, however, any such plan so submitted shall be deemed confidential and for informational purposes only, and shall not obligate Grantee to undertake any specific improvements within the franchise area. The information in this subsection shall be delivered to the City by December 1, annually. 4. In addition to the requirements of subsection 1 of this section, the parties agree to periodically share GIS files upon written request, provided Grantee's GIS files are to be used solely by the City for governmental purposes. Any files provided to Grantee shall be restricted to information required for Ordinance 12-017 Coeur d'Alene Tribe Franchise Page 7 of 13 DRAFT Grantee's engineering needs for construction or maintenance of telecommunications facilities that are the subject of this franchise. Grantee is prohibited from selling any GIS information obtained from City to any third parties. 5. Public Disclosure Act. Grantee acknowledges that information submitted to the City may be subject to inspection and copying under the Washington Public Disclosure Act codified in RCW 42.56. Grantee shall mark as "PROPRIETARY/CONFIDENTIAL" each page or portion thereof of any documentation/information which it submits to the City and which it believes is exempt from public inspection or copying. The City agrees to timely provide the Grantee with a copy of any public disclosure request to inspect or copy documentation/information which the Grantee has provided to the City and marked as "PROPRIETARY/CONFIDENTIAL" prior to allowing any inspection and/or copying as well as provide the Grantee with a time frame, consistent with RCW 42.56.520, to provide the City with its written basis for non-disclosure of the requested documentation/information. In the event the City disagrees with the Grantee's basis for non-disclosure, the City agrees to withhold release of the requested documentation/information in dispute for a reasonable amount of time to allow Grantee an opportunity to �le a legal action under RCW 42.56.540. Section 22. Limitation on Future Work. In the event that the City constructs a new street or reconstructs an existing street, the Grantee shall not be permitted to excavate such street except as set forth in the City's then-adopted regulations relating to street cuts and excavations. Section 23. Reservation of Ri�hts by Cit� The City reserves the right to refuse any request for a permit to extend telecommunications facilities. Any such refusal shall be supported by a written statement from the Public Works Director that extending the telecommunications facilities, as proposed, would interfere with the public health, safety or welfare. Section 24. Remedies to Enforce Compliance. In addition to any other remedy provided herein, the City reserves the right to pursue any remedy to compel or force Grantee and/or its successors and assigns to comply with the terms hereof, and the pursuit of any right or remedy by the City shall not prevent the City from thereafter declaring a forfeiture or revocation for breach of the conditions herein. Section 25. City Ordinances and Re�ulations. Nothing herein shall be deemed to direct or restrict the City's ability to adopt and enforce all necessary and appropriate ordinances regulating the performance of the conditions of this franchise, including any reasonable ordinances made in the exercise of its police powers in the interest of public safety and for the welfare of the public. The City shall have the authority at all times to control by appropriate regulations the location, elevation, and manner of construction and maintenance of any telecommunications facilities by Grantee, and Grantee shall promptly conform with all such regulations, unless compliance would cause Grantee to violate other requirements of law. In the event of a conflict between the Municipal Code and this franchise,City Code shall control. Section 26. Vacation. The City may vacate any City road, right-of-way or other City property which is subject to rights granted by this franchise in accordance with state and local law. Any relocation of telecommunications facilities resulting from a street vacation shall require a minimum of 180 days notice as provided for in section 37. Ordinance 12-017 Coeur d'Alene Tribe Franchise Page 8 of 13 DRAFT Section 27. Indemnification. 1. Grantee hereby covenants not to bring suit and agrees to indemnify, defend and hold harmless the City, its officers, employees, agents and representatives from any and all claims, costs,judgments, awards or liability to any person arising from injury, sickness or death of any person or damage to property of any nature whatsoever relating to or arising out of this franchise agreement except for injuries and damages caused solely by the negligence of the City. This includes but is not limited to injury: a) For which the negligent acts or omissions of grantee,its agents, servants, officers or employees in performing the activities authorized by a franchise are the proximate cause; b) By virtue of grantee's exercise of the rights granted herein; c) By virtue of the City permitting grantee's use of the City's rights-of-ways or other public property; d) Based upon the City's inspection or lack of inspection of work performed by grantee,its agents and servants, officers or employees in connection with work authorized on the facility or property over which the City has control,pursuant to a franchise or pursuant to any other permit or approval issued in connection with a franchise; e) Arising as a result of the negligent acts or omissions of grantee,its agents, servants, officers or employees in barricading,instituting trench safety systems or providing other adequate warnings of any excavation, construction or work upon the facility,in any right-of-way, or other public place in performance of work or services permitted under a franchise; or � Based upon radio frequency emissions or radiation emitted from grantee's equipment located upon the facility,regardless of whether grantee's equipment complies with applicable federal statutes and/or FCC regulations related thereto. 2. Grantee's indemnification obligations pursuant to subsection 1 of this section shall include assuming liability for actions brought by grantee's own employees and the employees of grantee's agents, representatives, contractors and subcontractors even though grantee might be immune under RCW Title 51 from direct suit brought by such an employee. It is expressly agreed and understood that this assumption of potential liability for actions brought by the aforementioned employees is limited solely to claims against the City arising by virtue of grantee's exercise of the rights set forth in a franchise. The obligations of grantee under this subsection have been mutually negotiated by the parties, and grantee acknowledges that the City would not enter into a franchise without grantee's waiver. To the extent required to provide this indemnification and this indemnification only, grantee waives its immunity under RCW Title 51. 3. Inspection or acceptance by the City of any work performed by grantee at the time of completion of construction shall not be grounds for avoidance of any of these covenants of indemnification. Provided, that grantee has been given prompt written notice by the City of any such claim, said indemnification obligations shall extend to claims which are not reduced to a suit and any claims which may be compromised prior to the culmination of any litigation or the institution of any litigation. The Ordinance 12-017 Coeur d'Alene Tribe Franchise Page 9 of 13 DRAFT City has the right to defend or participate in the defense of any such claim, and has the right to approve any settlement or other compromise of any such claim. 4. In the event that grantee refuses the tender of defense in any suit or any claim, said tender having been made pursuant to this section, and said refusal is subsequently determined by a court having jurisdiction(or such other tribunal that the parties shall agree to decide the matter),to have been a wrongful refusal on the part of grantee, then grantee shall pay all of the City's costs for defense of the action,including all reasonable expert witness fees,reasonable attorneys' fees,the reasonable costs of the City, and reasonable attorneys' fees of recovering under this subsection. 5. Grantee's duty to defend,indemnify and hold harmless City against liability for damages caused by the concurrent negligence of(a) City or City's agents, employees, or contractors, and(b) Grantee or Grantee's agents, employees, or contractors, shall apply only to the extent of the negligence of Grantee or Grantee's agents, employees, or contractors. In the event that a court of competent jurisdiction determines that a franchise is subject to the provisions of RCW 424115,the parties agree that the indemnity provisions hereunder shall be deemed amended to conform to said statute and liability shall be allocated as provided herein. 6. Notwithstanding any other provisions of this section, grantee assumes the risk of damage to its telecommunication facilities located in the rights-of-way and upon City-owned property from activities conducted by the City,its officers, agents, employees and contractors, except to the extent any such damage or destruction is caused by or arises from any willful or malicious action or gross negligence on the part of the City,its officers, agents, employees or contractors. Grantee releases and waives any and all such claims against the City,its officers, agents, employees or contractors. Grantee further agrees to indemnify,hold harmless and defend the City against any claims for damages,including,but not limited to,business interruption damages and lost profits,brought by or under users of grantee's facilities as the result of any interruption of service due to damage or destruction of grantee's facilities caused by or arising out of activities conducted by the City,its officers, agents, employees or contractors, except to the extent any such damage or destruction is caused by or arises from the sole negligence or any willful or malicious actions on the part of the City,its officers, agents, employees or contractors. 7. The provisions of this section shall survive the expiration,revocation or termination of this franchise. Section 28. Insurance. Grantee shall procure and maintain for the duration of the franchise, insurance against claims for injuries to persons or damages to property which may arise from or in connection with the exercise of the rights, privileges and authority granted hereunder to Grantee, its agents,representatives or employees. Applicant's maintenance of insurance as required by this franchise shall not be construed to limit the liability of the Grantee to the coverage provided by such insurance, or otherwise limit the City's recourse to any remedy available at law or in equity. 1. Automobile Liability insurance with limits no less than $1,000,000 Combined Single Limit per accident for bodily injury and property damage. This insurance shall cover all owned, non-owned, hired or leased vehicles used in relation to this franchise. Coverage shall be written on Insurance Services Of�ce (ISO) form CA 00 O1 or a substitute form providing equivalent liability coverage. If necessary, the policy shall be endorsed to provide contractual liability coverage; and 2. Commercial General Liability insurance shall be written on Insurance Services Office Ordinance 12-017 Coeur d'Alene Tribe Franchise Page 10 of 13 DRAFT (ISO) occurrence form CG 00 O1, or a substitute form providing equivalent liability coverage acceptable to the City, and shall cover products liability. The City shall be a named as an insured under the Applicant's Commercial General Liability insurance policy using ISO Additional Insured-State or Political Subdivisions-Permits CG 20 12 or a substitute endorsement acceptable to the City providing equivalent coverage. Coverage shall be written on an occurrence basis with limits no less than $1,000,000 Combined Single Limit per occurrence and $2,000,000 general aggregate for personal injury, bodily injury and property damage. Coverage shall include but not be limited to: blanket contractual; products/completed operations; broad form property; explosion, collapse and underground(XCU); and Employer's Liability. The insurance policies are to contain, or be endorsed to contain, the following provisions for Commercial General Liability insurance: 1. The Grantee's insurance coverage shall be primary insurance with respect to the City as outlined in the Indemnification section of this franchise. Any insurance, self-insurance, or insurance pool coverage maintained by the City shall be in excess of the Grantee's insurance and shall not contribute with it. 2. The Grantee's insurance shall be endorsed to state that coverage shall not be cancelled, except after thirty(30) days prior written notice has been given to the City. Insurance is to be placed with insurers with a current A.M. Best rating of not less than A:VII. Grantee shall furnish the City with original certificates and a copy of any amendatory endorsements,including the additional insured endorsement, evidencing the insurance requirements of the Grantee prior to the adoption of this Ordinance. Any failure to comply with the reporting provisions of the policies required herein shall not affect coverage provided to the City,its officers, officials, employees or volunteers. Section 29. Performance Bond Relatin� to Construction Activit� Before undertaking any of the work, installation, improvements, construction, repair, relocation or maintenance authorized by this franchise, Grantee, or any parties Grantee contracts with to perform labor in the performance of this franchise, shall, upon the request of the City, furnish a bond executed by Grantee or Grantee's contractors and a corporate surety authorized to operate a surety business in the State of Washington, in such sum as may be set and approved by the City, not to exceed twenty-�ve thousand dollars, as sufficient to ensure performance of Grantee's obligations under this franchise. The bond shall be conditioned so that Grantee shall observe all the covenants, terms and conditions and shall faithfully perform all of the obligations of this franchise, and to repair or replace any defective work or materials discovered in the City's road, streets, or property. Said bond shall remain in effect for the life of this franchise. In the event Grantee proposes to construct a project for which the above-mentioned bond would not ensure performance of Grantee's obligations under this franchise, the City is entitled to require such larger bond as may be appropriate under the circumstances. Section 30. Modification. The City and Grantee hereby reserve the right to alter, amend or modify the terms and conditions of this franchise upon written agreement of both parties to such alteration, amendment or modification. Section 3L Forfeiture and Revocation. If Grantee willfully violates or fails to comply with any of the provisions of this franchise, or through willful or unreasonable negligence fails to heed or Ordinance 12-017 Coeur d'Alene Tribe Franchise Page ll of 13 DRAFT comply with any notice given Grantee by the City under the provisions of this franchise, and an adequate opportunity to cure the violation or non-compliance has been given in writing to Grantee, then Grantee shall, at the election of the City, forfeit all rights conferred hereunder and this franchise may be revoked or annulled by the City after a hearing held upon reasonable notice to Grantee. The City may elect, in lieu of the above and without any prejudice to any of its other legal rights and remedies, to obtain an order from the Spokane County Superior Court compelling Grantee to comply with the provisions of this franchise and to recover damages and costs incurred by the City by reason of Grantee's failure to comply. Section 32. Assi n� ment. This franchise may not be assigned or transferred without the written approval of the City, except that Grantee can assign this franchise without approval of, but upon notice to the City to, any parent, affiliate or subsidiary of Grantee or to any entity that acquires all or substantially all the assets or equity of Grantee,by merger, sale, consolidation or otherwise. Section 33. Acceptance. Not later than 60 days after passage of this Ordinance, the Grantee must accept the franchise herein by filing with the City Clerk an unconditional written acceptance thereof. Failure of Grantee to so accept this franchise within said period of time shall be deemed a rejection thereof by Grantee, and the rights and privileges herein granted shall, after the expiration of the 60-day period, absolutely cease,unless the time period is extended by ordinance duly passed for that purpose. Section 34. Survival. All of the provisions, conditions and requirements of sections: 5, 6, 7, 13, 16, 17, 18, 19, 20, 27, 28, 29, 37, 38 and 39 of this franchise shall be in addition to any and all other obligations and liabilities Grantee may have to the City at common law, by statute, by ordinance, or by contract, and shall survive termination of this franchise, and any renewals or extensions hereo£ All of the provisions, conditions, regulations and requirements contained in this franchise shall further be binding upon the heirs, successors, executors, administrators, legal representatives and assigns of Grantee and City and all privileges, as well as all obligations and liabilities of Grantee shall inure to their respective heirs, successors and assigns equally as if they were specifically mentioned herein. Section 35. Severabilitv. If any section, sentence, clause or phrase of this Ordinance should be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of any other section, sentence, clause or phrase of this Ordinance. In the event that any of the provisions of the franchise are held to be invalid by a court of competent jurisdiction, the City reserves the right to reconsider the grant of the franchise and may amend, repeal, add, replace or modify any other provision of the franchise, or may terminate the franchise. Section 36. Renewal. Application for extension or renewal of the term of this franchise shall be made no later than 180 days of the expiration thereo£ In the event the time period granted by this franchise expires without being renewed by the City, the terms and conditions hereof shall continue in effect until this franchise is either renewed or terminated by the City. Section 37. Notice. Any notice or information required or permitted to be given by or to the parties under this franchise may be sent to the following addresses unless otherwise speci�ed,in writing: The City: City of Spokane Valley Attn: City Clerk 11707 E. Sprague, Suite 106 Spokane Valley, WA 99206 Grantee: Coeur d'Alene Tribe of Indians Attn: IT Director 850 A Street Ordinance 12-017 Coeur d'Alene Tribe Franchise Page 12 of 13 DRAFT Plummer, ID 83851 Phone: (208) 659-4578 Facsimile: (208) 686-5059 Section 38. Choice of Law. Any litigation between the City and Grantee arising under or regarding this franchise shall occur, if in the state courts, in the Spokane County Superior Court, and if in the federal courts,in the United States District Court for the Eastern District of Washington. Section 39. Non-Waiver. The City shall be vested with the power and authority to reasonably regulate the exercise of the privileges permitted by this franchise in the public interest. Grantee shall not be relieved of its obligations to comply with any of the provisions of this franchise by reason of any failure of the City to enforce prompt compliance, nor does the City waive or limit any of its rights under this franchise by reason of such failure or neglect. Section 40. Entire A�reement. This franchise constitutes the entire understanding and agreement between the parties as to the subject matter herein and no other agreements or understandings, written or otherwise, shall be binding upon the parties upon execution and acceptance hereo£ This franchise shall also supersede and cancel any previous right or claim of Grantee to occupy the City roads as herein described. Section 41. Effective Date. This Ordinance shall be in full force and effect five days after publication of the Ordinance or a summary thereof occurs in the official newspaper of the City of Spokane Valley as provided by law. PASSED by the City Council this day of , 2012. ATTEST: Mayor, Thomas E. Towey Christine Bainbridge, City Clerk Approved as to Form: Date of Publicattion: Effective Date: Office of the City Attorney Accepted by Coeur d'Alene Tribe of Indians: By: The Grantee, Coeur d'Alene Tribe of Indians, for itself, and for its successors and assigns, does accept all of the terms and conditions of the foregoing franchise. IN WITNESS WHEREOF, has signed this day of_ , 2012. Subscribed and sworn before me this_day of , 2012. Notary Public in and for the State of residing in My commission expires Ordinance 12-017 Coeur d'Alene Tribe Franchise Page 13 of 13 �' �� . f�! �� .._ _. � � ��- i� rl+�#��. ��� ' ii€�'d �� � - ' - = - -: ' - � j� - �- �k e' "�� — -rt —' x� �_ r. *i� A ,�.y� •�.�6� _ . � +�J�'��._ ' � ,*+.'I�� �4� , .r _ ,+r,' *� .,� Y .. 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'�. � ,{� -:ir ��� CITY OF SPOKANE VALLEY Request for Council Review Meeting Date: June 26, 2012 Department Director Approval ❑ CheCl��ll that apply: ❑ consent ❑old business �new business ❑public hearing ❑ information ❑ admin.report ❑ pending legislation AGENDA ITEM TITLE: First Reading Proposed Ordinance 12-018: Comprehensive Plan map amendment, CPA-OS-12 GOVERNING LEGISLATION: RCW 36.70A, SVMC 17.80.140 and 1930.010 PREVIOUS ACTION TAKEN: On June 12, 2012, no action was taken by City Council BACKGROUND: Staff presented CPA-OS-12 to the Planning Commission at a study session on February 9, 2012. The Planning Commission held a public hearing on the amendment on February 23, 2012. The Planning Commission continued the public hearing to March 8, 2012 for further deliberations. Staff presented the proposed amendment to the City Council on Apri124, 2012. On May 8, 2012, City Council deliberated on the comprehensive plan amendment. The findings in Ordinance 12-014 and 12-015 reflect City Council's decision to deviate from the Planning Commission's recommendation relating to CPA-OS-12. On May 22, 2012, Council considered a second ordinance reading at which time Council approved written findings of fact setting forth their basis for recommending approval of the proposed amendments, with the exception of CPA- OS-12, which was to be considered separately later. City Council determined that more information would be necessary to ensure an informed decision could be made relating to CPA- OS-12. On June 12, 2012, staff provided more information to City Council. City Council concurred to proceed to an ordinance first reading, without a development agreement, for the June 26, council meeting. Traffic Information Council requested information on the traffic generation characteristics of the proposed project. The table below provides the expected trip generation of varying densities of development. AM Peak PM Peak Units Daily In Out In Out MF-1 127 13 52 51 28 845 w/Bonus 204 21 83 82 44 1,357 MF-2 233 24 95 94 51 1,549 w/Bonus 373 38 152 150 81 2,480 Approximately 25% of the new trips are expected to use Conklin Road. The remainder will use Broadway Avenue to access the site. 2010 Daily traffic volumes on the roads around the site are as follows. - Broadway west of Conklin 8,300 - Broadway east of Conklin 5,900 - Conklin between Sprague and Broadway 2,200 1 of 2 COMPREHENSIVE PLAN AMENDMENT PROPOSALS: Comprehensive plan amendment proposals are organized into individual reports consisting of application materials, staff reports, maps, and comments submitted to date to assist the City Council in their review. OPTIONS: Advance the ordinance to second reading with or without modifications, or take other action deemed appropriate. RECOMMENDED MOTION: Move to advance ordinance 12-018 to a second reading STAFF CONTACT: Mike Basinger, AICP, Senior Planner ATTACHMENTS: Exhibit 1: Draft Ordinance 12-018 Exhibit 2: [Not attached] Annual Comprehensive Plan Amendments (yellow notebook); see Tab 4 PowerPoint Presentation Tab 5 Planning Commission Minutes and Findings Tab 11 CPA OS-12, 601 N Conklin, MDR to HDR Planning Commission Meeting Transcripts for CPA-OS-12 can be found on the Ciry's website in Laserfiche, under the 5-22-12 council packet. Meeting transcripts for 2-16-2012 meeting starts on page 221, meeting transcripts for 3-8-12 meeting starts on page 237, and meeting transcripts for 2-23-12 meeting starts on page 243. 2 of 2 CITY OF SPOKANE VALLEY SPOKANE COUNTY,WASHINGTON ORDINANCE NO. 12-018 AN ORDINANCE OF THE CITY OF SPOKANE VALLEY, SPOKANE COUNTY WASHINGTON, AMENDING ORDINANCE 06-010 ADOPTING THE CITY OF SPOKANE VALLEY COMPREHENSIVE PLAN, AND PROVIDING FOR OTHER MATTERS PROPERLY RELATING THERETO. WHEREAS, through Spokane Valley Ordinance 06-010, the Ciry of Spokane Valley adopted land use plans as set forth in the Comprehensive Plan, Capital Facilities Plan, and maps as the Comprehensive Plan of the Ciry of Spokane Valley; and WHEREAS, the Washington State Growth Management Act (GMA) allows comprehensive plans to be amended annually (RCW 36.70A130); and WHEREAS, amendments to the City of Spokane Valley Comprehensive Plan may be initiated by the Planning Commission (Commission), the City Council (Council), citizens, or by the Community Development Director based on citizen requests or when changed conditions warrant adjustments; and WHEREAS, the GMA requires comprehensive plans to be implemented with development regulations, including the zoning of property consistent with land use map designations; and WHEREAS, consistent with the GMA, the City of Spokane Valley adopted public participation guidelines to direct the public involvement process for adopting and amending comprehensive plans; and WHEREAS, the Spokane Valley Municipal Code (SVMC) provides that amendment applications shall be received until November 1 of each year; and WHEREAS, applications were submitted by the applicant, owner or by City staff to amend the Comprehensive Plan and Zoning Map for the purpose of beneficially using the property described herein; and WHEREAS, following the application to the City, staff conducted an environmental review to determine the potential environmental impacts from the proposed amendments; and WHEREAS, on February 3, 2012, the Washington State Department of Commerce was notified pursuant to RCW 36.70A.106 providing a 60-day notice of intent to adopt amendments to the Spokane Valley Comprehensive Plan; and WHEREAS, on February 8, 2012, after reviewing the environmental checklists, staff issued Determinations of Non-significance (DNS) for the proposals, published the DNS in the Ordinance 12-018 Comp Plan Amendment Page 1 of 4 Valley News Herald, and where appropriate posted the DNS on the sites and mailed the DNS to all affected public agencies; and WHEREAS, on February 8, 2012, notice of the Commission's February 23, 2012 public hearing was published in the Valley News Herald, was mailed to all property owners within 400 feet of the subject property, and was posted on the subject properties; and WHEREAS, on February 16, 2012, the Commission conducted a briefing to review the proposed amendments; and WHEREAS, on February 23, 2012, the Commission received evidence, information, public testimony, and a staff report and recommendation at a public hearing; and WHEREAS, on February 23, 2012, the Commission conducted a public hearing to consider proposed amendments to the Comprehensive Plan land use plan map and zoning map. After hearing public testimony, the Commission made recommendations on Comprehensive Plan map amendments CPA-Ol-12, CPA-02-12, CPA-03-12, CPA-04-12, CPA-06-12, CPA-07-12, CPA-08-12, CPA-09-12, CPA-10-12, and CPA-11-12. The Planning Commission voted to continue the deliberations on CPA-OS-12 to March 8, 2012 to further discuss public testimony and develop a recommendation for City Council; and WHEREAS, on March 8, 2012, the Commission continued deliberations on Comprehensive Plan map amendment CPA-OS-12 and recommended approval subject to a development agreement; and WHEREAS, on May 8, 2012, Council considered a first ordinance reading to adopt the proposed amendments, including CPA-OS-12 without a development agreement; and WHEREAS, On May 22, 2012, Council considered a second ordinance reading at which time Council approved written findings of fact setting forth their basis for recommending approval of the proposed amendments, with the exception of CPA-OS-12, which was to be considered separately later. City Council determined that more information would be necessary to ensure an informed decision could be made relating to CPA-OS-12; and. WHEREAS, on June 12, 2012, Council concurred to proceed to an ordinance first reading on CPA-OS-12 without a development agreement. NOW, THEREFORE, the Ciry Council of the City of Spokane Valley do ordain as follows: Section 1. Purpose. The purpose of this Ordinance is to amend the Comprehensive Plan adopted through Ordinance No. 06-010. Section 2. Findin�s. The City Council acknowledges that the Commission conducted appropriate investigation and study and held a public hearing on the proposed amendments to the Comprehensive Plan. The Ciry Council hereby approves amendment CPA-OS-12 to the Ordinance 12-018 Comp Plan Amendment Page 2 of 4 Comprehensive Plan map and text without a development agreement. The City Council specifically finds that: 1. On February 8, 2012, notice for the proposed amendments was placed in the Spokane Valley News Herald and each site was posted with a "Notice of Public Hearing" sign, with a description of the proposal. 2. On February 8, 2012, individual notice of the map amendment proposals was mailed to all property owners within 400 feet of each affected site. 3. Pursuant to the State Environmental Policy Act (SEPA —RCW 4321C) environmental checklists were required for each proposed Comprehensive Plan map and text amendment. 4. On February 8, 2012, Determinations of Non-significance (DNS) were issued for the requested Comprehensive Plan amendments. 5. On February 8, 2012, the DNS's were published in the Ciry's official newspaper consistent with the City of Spokane Valley Environmental Ordinance. 6. On February 23, 2012, the Spokane Valley Planning Commission conducted a public hearing to consider the proposed amendments. After hearing public testimony, the Commission made recommendations on Comprehensive Plan map amendments CPA-Ol-12, CPA-02-12, CPA-03- 12, CPA-04-12, CPA-06-12, CPA-07-12, CPA-08-12, CPA-09-12, CPA-10-12, and CPA-11-12. The Planning Commission voted to continue the deliberations on CPA-OS-12 to March 8, 2012 to further discuss public testimony and develop a recommendation for City Council. On March 8, 2012, the Commission continued deliberations on Comprehensive Plan map amendment CPA- OS-12 and recommended approval subject to a development agreement. 7. The Commission made findings and considered the factors necessary to ensure compliance with SVMC 17.80.140 H. (Comprehensive Plan amendments and area-wide rezones). 8. City Council considered the planning goals of the Growth Management Act (GMA) and finds that amendment CPA-OS-12 is consistent with the GMA. 9. City Council considered the goals and policies of the Spokane Valley Comprehensive Plan and finds that amendment CPA-OS-12 is consistent with the Comprehensive Plan. 10. The zoning designations of proposed amendment CPA-OS-12 are consistent with the current use of the properties. 11. The Comprehensive Plan land use map and text amendments as proposed by the applicant in CPA-OS-12 will not adversely affect the public's general health, safety, and welfare. Section 3. Pro er . The properties subject to this Ordinance are described in Attachment "A." Section 4. Com�rehensive Plan Amendments. Pursuant to RCW 36.70A.130 the Ciry of Spokane Valley Comprehensive Plan as adopted through Ordinance No. 06-010, is hereby amended as set forth in Comprehensive Plan Attachment "A" (map). The Comprehensive Plan Amendments are generally described as follows: Map Amendments File No. CPA-05-12: Application/Description of Proposal: Privately initiated, site-specific Comprehensive Plan map amendment requesting to change the designation from Medium Density Residential (MDR) Ordinance 12-018 Comp Plan Amendment Page 3 of 4 with a Medium Density Multifamily Residential (MF-1) zoning classification to High Density Residential (HDR) designation with a High Density Multifamily Residential (MF-2) zoning classification. This proposal is considered a non-project action under RCW 43.21C. Applicant: Land Use Solutions & Entitlement; 9101 Mt. View Lane; Spokane, WA 99218. Amendment Location: Parcel number(s) 45133.0109, 45133.0118 and the northern 68 feet of 45133.0846; generally located south of Broadway Avenue west of Conklin Road; further located in the NE �/4 of the SW �/4 of Section 13, Township 25 North, Range 44 East, Willamette Meridian, Spokane Counry, Washington. Council Decision: Change parcels 45133.0109, 45133.0118 and the northern 68 feet of 45133.0846 to High Density Residential (HDR). Section 5. Copies on File-Administrative Action. The Comprehensive Plan (with maps)is maintained in the office of the City Clerk as well as the City Department of Communiry Development. The City Manager or designee, following adoption of this Ordinance, is authorized to modify the Comprehensive Plan in a manner consistent with this Ordinance. Section 6. Liabili . The express intent of the City of Spokane Valley is that the responsibility for compliance with the provisions of this Ordinance shall rest with the permit applicant and their agents. This Ordinance and its provisions are adopted with the express intent to protect the health, safety, and welfare of the general public and are not intended to protect any particular class of individuals or organizations. Section 7. Severabilitv. If any section, sentence, clause or phrase of this Ordinance shall be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of any other section, sentence, clause, or phrase of this Ordinance. Section 8. Effective Date. This Ordinance shall be in full force and effect five days after publication of this Ordinance or a summary thereof in the official newspaper of the City of Spokane Valley as provided by law. PASSED by the City Council this day of June, 2012 ATTEST: Mayor, Thomas E. Towey City Clerk, Christine Bainbridge Approved As To Form: Office of the City Attorney Date of Publication: Effective Date: Ordinance 12-018 Comp Plan Amendment Page 4 of 4 • � � � � � �/ , , I !l17►� 0 0.0 . I �-r����������������� ��1��������� . � :��� ■ ���i .� � � ::�: ���i ::�� � �� ::�� o � �% , . ,��� o � ' :��� � ::�� � ��� � . . �� � �� �- . ,%//////° . ' � � o � �I , � � �� � � �I ,' � � : ` �� . �I �- ' ■ - �I e � . . � �� � � ' �I � � . �I � � � � • - �I � �, � � 1 � ' " ' � - � �� ..:_.: ��- � � f-� � 1 �::......::::: _ 1 �............... ��::::::::�:::-:..: ...._. � �.::::::::::.:. .... �...... .... 1 ::":.�::;:::-: _:.". ..��.:::�� ''� p . .:: ::��::� :'':. ......� � - ' 1 - � ' � ... . .. . . � . � ' •� � • � � ' � i i � • � � � 1 ' � 1 ' i •� � � i 1 • i 1 • � • � � CITY OF SPOKANE VALLEY Request for Council Review Meeting Date: June 26, 2012 Department Director Approval ❑ Check all that apply: ❑ consent ❑old business �new business ❑public hearing ❑ inforination ❑ admin.report ❑ pending legislation AGENDA ITEM TITLE: First Reading Proposed Ordinance 12-019: Official Zoning map amendment, CPA-OS-12 GOVERNING LEGISLATION: RCW 36.70A, SVMC 17.80.140 and 1930.010 PREVIOUS ACTION TAKEN: On June 12, 2012, no action was taken by City Council BACKGROUND: Staff presented CPA-OS-12 to the Planning Commission at a study session on February 9, 2012. The Planning Commission held a public hearing on the amendment on February 23, 2012. The Planning Commission continued the public hearing to March 8, 2012 for further deliberations. Staff presented the proposed amendment to the City Council on Apri124, 2012. On May 8, 2012, City Council deliberated on the comprehensive plan amendment. The findings in Ordinance 12-014 and 12-015 reflect City Council's decision to deviate from the Planning Commission's recommendation relating to CPA-OS-12. On May 22, 2012, Council considered a second ordinance reading at which time Council approved written findings of fact setting forth their basis for recommending approval of the proposed amendments, with the exception of CPA- OS-12, which was to be considered separately later. Ciry Council determined that more information would be necessary to ensure an informed decision could be made relating to CPA- OS-12. On June 12, 2012, staff provided more information to City Council. City Council concurred to proceed to an ordinance first reading, without a development agreement, for the June 26, council meeting. COMPREHENSIVE PLAN AMENDMENT PROPOSALS: Comprehensive plan amendment proposals are organized into individual reports consisting of application materials, staff reports, maps, and comments submitted to date to assist the City Council in their review. OPTIONS: Advance the ordinance to second reading with or without modifications, or take other action deemed appropriate. RECOMMENDED MOTION: Move to advance ordinance 12-019 to a second reading STAFF CONTACT: Mike Basinger, AICP, Senior Planner ATTACHMENTS: Exhibit 1: Draft Ordinance 12-019 1 of 1 CITY OF SPOKANE VALLEY SPOKANE COUNTY,WASHINGTON ORDINANCE NO. 12-019 AN ORDINANCE OF THE CITY OF SPOKANE VALLEY, SPOKANE COUNTY WASHINGTON, AMENDING ORDINANCE 07-015 WHICH ADOPTED THE OFFICIAL ZONING MAP; AND PROVIDING FOR OTHER MATTERS PROPERLY RELATING THERETO. WHEREAS, the City of Spokane Valley (City) adopted the Spokane Valley Municipal Code (SVMC) and the Official City Zoning Map pursuant to Ordinance 07-015, on September 25, 2007; and WHEREAS, the SVMC and Official City Zoning Map became effective on October 28, 2007; and WHEREAS, the Washington State Growth Management Act (GMA) allows comprehensive plans to be amended annually (RCW 36.70A130); and WHEREAS, amendments to the City of Spokane Valley Comprehensive Plan may be initiated by the Planning Commission (Commission), the City Council (Council), citizens, or by the Community Development Director based on citizen requests or when changed conditions warrant adjustments; and WHEREAS, the GMA requires comprehensive plans to be implemented with development regulations, including the zoning of property consistent with land use map designations; and WHEREAS, zone changes under consideration with the annual Comprehensive Plan amendments are to be considered as area-wide rezones pursuant to SVMC 17.80.140; and WHEREAS, consistent with the GMA, City of Spokane Valley adopted Public Participation Guidelines to direct the public involvement process for adopting and amending comprehensive plans and area-wide rezones; and WHEREAS, SVMC 17.80.14 provides that amendment applications shall be received until November 1 of each year; and WHEREAS, applications were submitted by the applicant, owner or by City staff to amend the Comprehensive Plan and Zoning Maps for the purpose of beneficially using the property described herein; and WHEREAS, following the application to the City, staff conducted an environmental review to determine the potential environmental impacts from the proposed amendments; and Ordinance 12-019 Zoning Map Changes Page 1 of 5 WHEREAS, after reviewing the environmental checklists, staff issued Determinations of Non-significance (DNS) on February 8, 2012 for the proposals, published the DNS in the Valley News Herald on February 8, 2012, and where appropriate posted the DNS on the sites and mailed the DNS to all affected public agencies; and WHEREAS, the Washington State Department of Commerce was notified on February 3, 2012 pursuant to RCW 36.70A.106 providing a 60-day notice of intent to adopt amendments to the Spokane Valley Comprehensive Plan; and WHEREAS, on February 8, 2012, notice of the Commission's February 23, 2012 public hearing was published in the Valley News Herald, was mailed to all property owners within 400 feet of the subject properry, and was posted on the subject properties; and WHEREAS, on February 16, 2012, the Commission conducted a briefing to review the proposed amendments; and WHEREAS, on February 23, 2012, the Commission received evidence, information, public testimony and a staff report and recommendation at a public hearing; and WHEREAS, on February 23, 2012, the Commission conducted a public hearing to consider proposed amendments to the Comprehensive Plan land use plan map and zoning map. After hearing public testimony, the Commission made recommendations on Comprehensive Plan map amendments CPA-Ol-12, CPA-02-12, CPA-03-12, CPA-04-12, CPA-06-12, CPA-07-12, CPA-08-12, CPA-09-12, CPA-10-12, and CPA-11-12. The Planning Commission voted to continue the deliberations on CPA-OS-12 to March 8, 2012 to further discuss public testimony and develop a recommendation for City Council; and WHEREAS, on March 8, 2012, the Commission continued deliberations on Comprehensive Plan map amendment CPA-OS-12 and recommended approval subject to a development agreement; and WHEREAS, on May 8, 2012, Council considered a first ordinance reading to adopt the proposed amendments, including CPA-OS-12 without a development agreement; and WHEREAS, On May 22, 2012, Council considered a second ordinance reading at which time Council approved written findings of fact setting forth their basis for recommending approval of the proposed amendments, with the exception of CPA-OS-12, which was to be considered separately later. City Council determined that more information would be necessary to ensure an informed decision could be made relating to CPA-OS-12; and WHEREAS, on June 12, 2012, Council concurred to proceed to an ordinance first reading on CPA-OS-12 without a development agreement. NOW, THEREFORE, the City Council of the City of Spokane Valley do ordain as follows: Ordinance 12-019 Zoning Map Changes Page 2 of 5 Section 1. Purpose. The purpose of this Ordinance is to amend the Official Zoning Map adopted through Ordinance No. 07-015 in order to permit the property described herein to be used in a matter consistent with the same. Section 2. The City Council acknowledges that the Commission conducted appropriate investigation and study and held a public hearing on the proposed amendments to the Comprehensive Plan. The Ciry Council hereby approves amendment CPA-OS-12 to the Comprehensive Plan map and text without a development agreement. The City Council specifically finds that: 1. On February 8, 2012 the notice for the proposed amendments was placed in the Spokane Valley News Herald and each site was posted with a"Notice of Public Hearing" sign, with a description of the proposal. 2. Individual notice of the map amendment proposals was mailed to all property owners within 400 feet of each affected site. 3. Pursuant to the State Environmental Policy Act (SEPA —RCW 4321C) environmental checklists were required for each proposed Comprehensive Plan map and text amendment. 4. Staff reviewed the environmental checklists and a threshold determination was made for each Comprehensive Plan amendment request. Determinations of Non-significance (DNS)were issued for the requested Comprehensive Plan amendments on February 8, 2012. 5. The DNS's were published in the city's official newspaper on February 8, 2012 consistent with the City of Spokane Valley Environmental Ordinance. 6. The Spokane Valley Planning Commission conducted a public hearing on February 23, 2012, to consider the proposed amendments. After hearing public testimony, the Commission made recommendations on Comprehensive Plan map amendments CPA-Ol-12, CPA-02-12, CPA-03- 12, CPA-04-12, CPA-06-12, CPA-07-12, CPA-08-12, CPA-09-12, CPA-10-12, and CPA-11-12. The Planning Commission voted to continue the deliberations on CPA-OS-12 to March 8, 2012 to further discuss public testimony and develop a recommendation for Ciry Council. On March 8, 2012, the Commission continued deliberations on Comprehensive Plan map amendment CPA- OS-12 and recommended approval subject to a development agreement. 7. The Commission made findings and considered the factors necessary to ensure compliance with SVMC 17.80.140 H. (Comprehensive Plan amendments and area-wide rezones). 8. City Council considered the planning goals of the Growth Management Act (GMA) and finds that amendment CPA-OS-12 is consistent with the GMA. 9. City Council considered the goals and policies of the Spokane Valley Comprehensive Plan and finds that amendment CPA-OS-12 is consistent with the Comprehensive Plan. 10. The zoning designations of proposed amendment CPA-OS-12 are consistent with the current use of the properties. 1 L The Comprehensive Plan land use map and text amendments as proposed by the applicant in CPA-OS-12 will not adversely affect the public's general health, safety, and welfare. Section 3. Pro er . The properties subject to this Ordinance are described in Attachment "A." Ordinance 12-019 Zoning Map Changes Page 3 of 5 Section 4. Ma� Amendments. Pursuant to RCW 36.70A.130, the City of Spokane Valley Zoning Map as adopted through Ordinance No. 07-015, is hereby amended as set forth in Attachment "A" (map). The Zoning Map amendments are generally described as follows: Map Amendment File No. CPA-05-12: Application/Description of Proposal: Privately initiated, site-specific Comprehensive Plan map amendment requesting to change the designation from Medium Density Residential (MDR) with a Medium Density Multifamily Residential (MF-1) zoning classification to High Density Residential (HDR) designation with a High Density Multifamily Residential (MF-2) zoning classification. This proposal is considered a non-project action under RCW 43.21C. Applicant: Land Use Solutions & Entitlement, 9101 Mt. View Lane, Spokane, WA 99218. Amendment Location: Parcel number(s) 45133.0109, 45133.0118 and the northern 68 feet of 45133.0846; generally located south of Broadway Avenue west of Conklin Road; further located in the NE �/4 of the SW �/4 of Section 13, Township 25 North, Range 44 East, Willamette Meridian, Spokane Counry, Washington. Council Decision: Change parcels 45133.0109, 45133.0118 and the northern 68 feet of 45133.0846 to High Density Multifamily Residential (MF-2). Section 5. Zoning Ma�/Official Controls. Pursuant to RCW 35A.63.100, for the purpose of regulating the use of land and to implement and give effect to the Comprehensive Plan, the City hereby amends the Official Zoning Map of the City as set forth in Zoning Map Attachment "A." Section 6. Adoption of Other Laws. To the extent that any provision of the SVMC, or any other law, rule, or regulation referenced in the attached Zoning Map(s) is necessary or convenient to establish the validity, enforceability, or interpretation of the Zoning Map(s), then such provision of the SVMC, or other law, rule, or regulation is hereby adopted by reference. Section 7. Ma� - Co�ies on File-Administrative Action. The Zoning Map is maintained in the office of the City Clerk as well as the City Department of Community Development. The City Manager or designee, following adoption of this Ordinance, is authorized to modify the Zoning Map in a manner consistent with this Ordinance. Section 8. Liabili . The express intent of the City of Spokane Valley is that the responsibility for compliance with the provisions of this Ordinance shall rest with the permit applicant and their agents. This Ordinance and its provisions are adopted with the express intent to protect the health, safety, and welfare of the general public and are not intended to protect any particular class of individuals or organizations. Section 9. Severabilitv. If any section, sentence, clause or phrase of this Ordinance shall be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidiry or unconstitutionality shall not affect the validity or constitutionality of any other section, sentence, clause, or phrase of this Ordinance. Ordinance 12-019 Zoning Map Changes Page 4 of 5 Section 10. Effective Date. This Ordinance shall be in full force and effect five days after publication of this Ordinance or a summary thereof in the official newspaper of the City of Spokane Valley as provided by law. PASSED by the City Council this day of June, 2012 Mayor, Thomas E. Towey ATTEST: �' City Clerk, Christine Bainbridge Approved As To Form: Office of the Ciry Attorney Date of Publication: Effective Date: Ordinance 12-019 Zoning Map Changes Page 5 of 5 • � • � _ _ -� •� '/ � lJ17�7 I � C •.• i ���%i� ��,�% � ;���i�� � �11111. ���� � �� � ;���� � �� � � � . �� ,��� � / ;�� o � � � � ��� � ° � � �, .,., . . � � � � . ; ���� ' ' - � ;� � �� o ;� � � o � � ,///// . •� :� . - m � � :� _ ■ � � � :� � : s/ ■� � . � � ° �� ° � � ' � � � �� ■ ■ . � � �� D � a - a ■ � . � i � ; ��� ■ � ���I ��� . �: � �� ���: o �r� � ■ � � �� � . - � � ��� ... ..... � _ � � � ���' � � ' �� � _ � � � � � � V —■� �� ■ � ������� � � • , - • � � • � � • . � � �� � • � � � � - � � - � • � � � � �• � � �• �. � • � � CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: June 26, 2012 Department Director Approval: ❑ Item: Check all that apply: ❑ consent ❑ old business � new business ❑ public hearing ❑ information ❑ admin. report ❑ pending legislation AGENDA ITEM TITLE: Proposed Resolution 12-003: Adoption of the 2013 —2018 Six Year Transportation Improvement Program (TIP) GOVERNING LEGISLATION: RCW 35.77.010, Perpetual advanced six-year plans for coordinated transportation program expenditures. PREVIOUS COUNCIL ACTION TAKEN: Adopted 2012-2017 Six Year TIP last year on June 28, 2011, Resolution #11-005; Presentation of Draft 2013-2018 Six Year TI P at Council's May 29, 2012 Study Session; Public Hearing on Draft 2013-2018 Six Year TIP at Council's June 12, 2012 Study Session BACKGROUND: The City is required by RCW 35.77.010 to prepare and after public hearing adopt a revised and extended comprehensive transportation program for the ensuing six calendar years. This plan must be submitted to the Washington State Secretary of Transportation by July 1St of each year. The attached draft Six Year TIP incorporates minor comments received from the May 29`n Council Meetings and represents a significant revision to previously adopted TIPs. A new report is included that groups projects by category, including a new `Street Preservation Projects' category. This TIP provides an increased emphasis on street preservation projects in accordance with Council goals. It also identifies from the recently adopted Pavement Management Program (PMP) specific reconstruction and arterial preservation projects that could qualify for federal funding. Projects not specifically identified, but included in the PMP, have been collectively identified under the title "Pavement Preservation Program 20XX" for each year in this six-year TIP. Staff reviewed historical funding levels for federal, state and City funds from the past five years to estimate projected funding levels available during the next six years. The final adopted Six- Year TIP is required to be fiscally constrained and reflect realistic expectations of annual funding levels. Other needed and worthwhile projects that do not fit within the limited amount of funding anticipated from state and federal grants and City revenues are listed in the Projects List `with no identified Local Match.' OPTIONS: 1) Adopt the 2013-2018 Six Year TIP as presented, 2) Adopt the 2013-2018 Six Year TIP with revisions, or 3) provide additional direction to staff RECOMMENDED ACTION OR MOTION: Move to approve Resolution 12-003, adopting the 2013-2018 Six Year TI P as presented. BUDGET/FINANCIAL IMPACTS: The proposed TIP has been developed to account for historical levels of state and federal grant funding assistance. Staff will coordinate with the Finance Department as projects identified in the TIP move forward and as grant opportunities become available to ensure local match requirements can be met. STAFF CONTACT: Steve Worley, Senior Capital Projects Engineer ATTACHM ENTS: 1) Resolution 12-003; 2) 2013-2018 TI P, 3) Unfunded Projects List, 4) Categorized List of Projects, 5) Annual List of Projects; 6) Map of Final 2013-2018 Six Year TIP DRAFT CITY OF SPOKANE VALLEY SPOKANE COUNTY,WASHINGTON RESOLUTION NO. 12-003 A RESOLUTION OF THE CITY OF SPOKANE VALLEY, SPOKANE COUNTY, WASHINGTON, ADOPTING THE 2013-2018 SIX YEAR TRANSPORTATION IMPROVEMENT PROGRAM FOR THE CITY OF SPOKANE VALLEY, AND OTHER MATTERS RELATED THERETO. WHEREAS, to provide for the proper and necessary development of the street system within the City of Spokane Valley, the City shall, as required by State law, develop and adopt annually a Six-Year Transportation Improvement Program ("TIP") with such program acting as a guide for the coordinated development of the City's transportation system; and WHEREAS, the TIP of the City shall specifically set forth those projects and programs of both City and regional significance that benefit the transportation system and promote public safety and ef�cient vehicle movements; and WHEREAS, the Six Year TIP shall be consistent with the City Comprehensive Plan and be adopted following one or more public hearings before the City Council; and WHEREAS, a draft copy of the Six Year TIP was submitted to the Washington State Department of Commerce sixty days prior to the scheduled adoption in accordance with RCW 36.70A.106; and WHEREAS, the City Council conducted a public hearing on June 12, 2012, for the purpose of inviting and receiving public comment on the proposed Six Year TIP. NOW THEREFORE, be it resolved by the City Council of the City of Spokane Valley, Spokane County, Washington, as follows: The City Council hereby adopts the attached Six Year TIP for the City of Spokane Valley for the purpose of guiding the design, development and construction of local and regional transportation improvements for the years 2013 through 2018. The City Clerk is directed to file the 2013-2018 Six-Year Transportation Improvement Program with the Washington State Secretary of Transportation not later than June 30. The TIP shall be reviewed at least annually for the purpose of determining the work to be accomplished under the program and the City transportation requirements. Adopted this 26th day of June, 2012. City of Spokane Valley Thomas E. Towey, Mayor ATTEST: Christine Bainbridge, City Clerk Approved as to Form: Office of the City Attorney Resolution 12-003, Adopting six-year TIP City of Spokane Valley Public Works Department 2013 - 2018 S ix Yea r S`�p�l�an� Valle�� Transportation Improvement Program Resolution 12-003, dated June 26, 2012 Fundinq Sources: • ARRA • BR • City • CDBG • CMAQ • Developers • EECBG • FHWA • FMSIB • HUD • REET • Other Fed • Other RR • Other State • SP • SRTS • SW • STA • STP(E) • STP(U) • TIB • UAP • UCP • WSDOT • WTSC • WUTC City of Spokane Valley Department of Public Works 2013 — 2018 Six-Year Transportation Improvement Program Glossarv & Abbreviations American Recovery & Reinvestment Act Bridge Replacement Program City Funds Community Development Block Grant Congestion Management/Air Quality Private Developer Funds Energy Efficiency and Conservation Block Grant Federal Highway Administration Freight Mobility Strategic Investment Program Housing & Urban Development Real Estate Excise Tax Misc. Federal Funding Sources Railroad Funding Misc. State Funding Sources TIB Sidewalk Program Safe Routes to School City Stormwater Funds Spokane Transit Authority Surface Transportation Program (Enhancement) Surface Transportation Program (Urban) Transportation Improvement Board TIB Urban Arterial Program TIB Urban Corridor Program Washington Department of Transportation Washington Traffic Safety Commission Washington Utilities &Transportation Commission �� � ���� Fundinq Status: • S Project Funding is Secured • P Project Funding is Planned. The Most Probable Funding Sources have been Identified. Proiect Phases: • PE Preliminary Engineering • RW Right-of-Way • CN Construction • VE Value Engineering Construction Tvpe: • PCC Portland Cement Concrete • HMA Hot Mix Asphalt • ITS Intelligent Transportation System (Integrated Traffic Signal Control Systems) • STEP Septic Tank Elimination Program Street Functional Classifications: • Urban: • 14 Principal Arterial • 16 Minor Arterial • 17 Collector Arterial • 19 Local Access {,,,� 2013 - 2018 �pok,ane Six-Year Transportation Improvement Program ������ Dollars in Thousands Funding Project/Description/Current Status Length PE RW CN Total Sources 2013 2014 2015 2016 2017 2018 Total � Argonne Road- 190 to Trent o.sa so 2so sa2 aa2 city �20 S CMAQ 762 Revise Signal Phasing,Add NB Right Turn Lane at Montgomery, Intersection Improvements at Knox Funding Secured(SRTC 06-31), City Project#0060 2 Mission Ave.- Flora Rd.to Barker Rd. (PE/RW) 1 259 aoo 0 S Reconstruct to a 3-lane section with curb,sidewalks, bike lanes and stormwater facilities; PE& RW Funding Secured,(SRTC# ) City Project#0123, 3 Sidewalk Infill Program S Fill in gaps in sidewalk system throughout city Funded by CMAQ(SRTC#10-07), City Project#0149 4 Sullivan Road West Bridge S Reconstruct and widen west(southbound)bridge Recv'd FMSIB and BR grants 0 Project Total 882 659 City 89 STP(U) 570 Project Total 659 0 0 323 324 City 65 CMAQ 259 Project Total 324 0.08 1,068 140 16,880 18,088 BR 966 2,852 2,852 City 242 213 213 FMSIB 1,000 1,000 Other 4,375 4,375 Fed Project Total 1,208 8,440 8,440 Projects and timeframes identified in the TIP are to be considered estimates only that may change due to a variety of circumstances,and are not intended by the City to be relied upon by property owners or developers in making development decisions. 6/20/2012 Page 1 120 762 882 89 570 659 65 259 324 s,s�o 668 2,000 8,750 18,088 4 F„�. 2013 - 2018 �poka.ne Six-Year Transportation Improvement Program � v�l�,�� Dollars in Thousands Funding Project/Description/Current Status Length PE RW CN Total Sources 2013 2014 2015 2016 2017 2018 Total 5 24th Ave Sidewalk-Adams to Sullivan S Fill in gaps in sidewalk Funded, TIB#P-E-208(P02)-1; City Project#0146 0.25 0 0 258 258 City 132 Other 126 State Project Total 258 6 Mansfield Ave Connection- Pines(SR-27)to 0.21 50 540 951 1,541 City 61 S 200-ft East of Houk Rd cMaQ 511 UCP 792 Construct 3-lane arterial gap connection from Pines to Houk,w/sidewalk,curb,and stormwater facilities Develop 177 ers PE/RW funded by CMAQ(SRTC#10-12), CN Funded by TIB(#9-E-208(003)-1), City Project#0156 � Sidewalk&Transit Stop Accessibility Project S Sidewalk and bus stop improvements City Project#0154 Project Total 1,541 0 7 3 102 111 City 22 Other- 89 FTA $ Spokane Valley-Millwood Trail-SCC to 5 559 0 S Evergreen Rd(PE) Construct Shared Use Pathway on abandoned Railroad Right-of-way PE Funded; SRTC#TE10-04; City Project#0145 Project Total 111 0 559 City STP(E) 559 132 126 258 61 511 792 177 1,541 22 89 111 559 Project Total 559 559 Projects and timeframes identified in the TIP are to be considered estimates only that may change due to a variety of circumstances,and are not intended by the City to be relied upon by property owners or developers in making development decisions. 6/20/2012 Page 2 4 F„�. 2013 - 2018 �poka.ne Six-Year Transportation Improvement Program � v�l�,�� Dollars in Thousands Funding Project/Description/Current Status Length PE RW CN Total Sources 2013 2014 2015 2016 2017 2018 Total 9 Sullivan Rd/UPRR Overpass Bridge Resurfacing o.os P Project Resurfacing of RR Overpass Bridge Deck �o University Rd/I-90 Overpass Study o S Study of feasibility and benefits of overpass at University/I-90 to Argonne/SR-27 52 0 410 461 City 92 BR 369 Project Total 461 188 0 0 188 City 26 CMAQ 162 Project Total 188 11 Wellesley/Adams Sidewalk Project 0.85 32 38 500 570 Other 568 State S City 2 Construct 6-ft sidewalk on one side of Adams(Trent to Wellesley)and north side of Wellesley(Sullivan to 200-ft East of Isenhart) Funded by SRTS Project Total 570 12 Park Road-#2- Broadway to Indiana (RW&CN) o.�s 0 150 2,a�� s,o2� city 2o saa p STP(U) 130 2,489 Reconstruct to a 3-lane section with curb,sidewalks, bike lanes and stormwater facilities Project Total 150 2,877 Projects and timeframes identified in the TIP are to be considered estimates only that may change due to a variety of circumstances,and are not intended by the City to be relied upon by property owners or developers in making development decisions. 6/20/2012 Page 3 92 369 461 26 162 188 568 2 570 408 2,619 3,027 4 F„�. 2013 - 2018 �poka.ne Six-Year Transportation Improvement Program � v�l�,�� Dollars in Thousands Funding Project/Description/Current Status Length PE RW CN Total Sources 2013 2014 2015 2016 2017 2018 Total 13 Park Road#1 Sidewalk Project-Sinto Ave. to 0.44 49 2s sso 434 city p Indlana AVe. Other State Construct sidewalk along east side of Park Road from 200-ft S.of Sinto to Indiana Ave.and 165-ft gap on Mission Ave. east of Park Rd SRTS Application Submitted 2012 2 19 47 366 Project Total 49 385 14 Park Road#2 Sidewalk Project- Marietta Ave. o.�� 14 25 104 143 City 1 6 P to Buckeye Ave. otner 22 114 State Construct sidewalk along one side of Park Road and 160-ft gap on north side of Buckeye Ave east of Park Road SRTS Application submitted 2012 15 Sprague Ave Resurfacing-Fancher to Dollar P Grind/Overlay; OCI:35.83 16 Sprague Ave Resurfacing- Havana to Fancher P (EB Lanes) Grind/Overlay EB lanes; OCI :38.53 Project Total 23 120 0.4 24 0 225 249 City 249 Project Total 249 1 50 0 450 500 City 500 Project Total 500 Projects and timeframes identified in the TIP are to be considered estimates only that may change due to a variety of circumstances,and are not intended by the City to be relied upon by property owners or developers in making development decisions. 6/20/2012 Page 4 21 413 434 7 136 143 249 249 500 500 �`poka.ne ���1��� Project/Description/Current Status 2013 - 2018 Six-Year Transportation Improvement Program Dollars in Thousands Funding Length PE RW CN Total Sources 2013 2014 2015 2016 2017 2018 Total �� Sullivan/Euclid Concrete Intersection (RW/CN) o P Reconstruct intersection in concrete pavement �$ Sullivan Road Corridor Traffic Study- I-90 to P Wellesley Conceptual Planning for Sullivan Road corridor improvements 19 Argonne Road Resurfacing-Sprague to P Broadway Grind/Overlay; OCI:35.63 20 Broadway @ Argonne/Mullan Concrete P Intersections(CN Only) Reconstruct intersections in concrete pavement 0 0 1,562 1,562 City 211 STP(U) 1,351 Project Total 1,562 2 200 0 0 200 City 27 STP(U) 173 Project Total 200 0.5 30 0 265 295 City Project Total 0 0 0 2,110 2,110 City STP(U) Project Total Projects and timeframes identified in the TIP are to be considered estimates only that may change due to a variety of circumstances,and are not intended by the City to be relied upon by property owners or developers in making development decisions. 6/20/2012 Page 5 295 295 285 1,825 2,110 211 1,351 1,562 27 173 200 295 295 285 1,825 2,110 �`poka.ne ���1��� Project/Description/Current Status 2013 - 2018 Six-Year Transportation Improvement Program Dollars in Thousands Funding Length PE RW CN Total Sources 2013 2014 2015 2016 2017 2018 Total 21 Euclid Ave Reconstruction-Flora to E City P Limits Full Road Reconstruction; OCI:27.3 22 Evergreen Road Resurfacing-Sprague to P Mission Grind/Overlay; OCI:35.07 23 Greenacres Trail -Sullivan to E City Limits p (RW&CN) Construct Shared Use Pathway on abandoned railroad right-of-way 1.5 � 2.2 110 0 1,500 1,610 City Project Total 45 0 950 995 City Project Total 0 0 1,095 1,095 STP(E) Project Total 24 Mission Ave.-Flora Rd. to Barker Rd. (CN) 0 0 0 3,416 3,416 City p UAP Widen&Overlay to a 3-lane section with curb,sidewalks, bike lanes and stormwater facilities Project Total Projects and timeframes identified in the TIP are to be considered estimates only that may change due to a variety of circumstances,and are not intended by the City to be relied upon by property owners or developers in making development decisions. 6/20/2012 Page 6 � 1,610 995 995 1.095 1,095 683 2,733 3,416 1,610 1,610 995 995 1,095 1,095 683 2,733 3,416 �`poka.ne ���1��� Project/Description/Current Status 2013 - 2018 Six-Year Transportation Improvement Program Dollars in Thousands Funding Length PE RW CN Total Sources 2013 2014 2015 2016 2017 2018 Total 25 Mullan Road Resurfacing-Dishman Mica to P Broadway Grind/Overlay; OCI:35.56 � 26 Spokane Valley-Millwood Trail-SCC to 6.s P Evergreen Rd(RW&CN) Construct Shared Use Pathway on abandoned Railroad Right-of-way 27 Sprague Ave Resurfacing- Herald to University o.4 P Grind/Overlay; OCI:35.01 28 Sullivan Road Concrete Pavement Phase 1 - P Marietta to Euclid Concrete Pavement; OCI:37.28(2013) 30 0 265 295 City Project Total 0 100 4,280 4,380 City STP(E) Project Total 30 0 375 405 City Project Total 0.32 314 0 2,408 2,721 STP(U) city Project Total Projects and timeframes identified in the TIP are to be considered estimates only that may change due to a variety of circumstances,and are not intended by the City to be relied upon by property owners or developers in making development decisions. 6/20/2012 Page 7 295 295 100 2,140 2,140 100 2,140 2,140 405 405 204 2,149 32 336 236 2,485 295 295 4,380 4,380 405 405 2,353 368 2,721 �`poka.ne ���1��� Project/Description/Current Status 2013 - 2018 Six-Year Transportation Improvement Program Dollars in Thousands Funding Length PE RW CN Total Sources 2013 2014 2015 2016 2017 2018 Total 29 Appleway Trail- University to Evergreen 2 P Construct Shared Use Pathway along abandoned Railroad Right-of-Way 3o Dishman Mica Resurfacing-Sands to Thorpe P Grind/Overlay; OCI:34.43 31 Euclid Ave Reconstruction-W end to Sullivan P Full Road Reconstruction; OCI:21.42 32 Flora Road Reconstruction- Euclid to Trent P Full Road Reconstruction; OCI:27.96 � 200 0 2,000 2,20o city STP(E) Project Total 25 0 328 353 City Project Total 0.3 40 0 515 555 City STP(U) Project Total 1 95 0 1,300 1,395 City Project Total Projects and timeframes identified in the TIP are to be considered estimates only that may change due to a variety of circumstances,and are not intended by the City to be relied upon by property owners or developers in making development decisions. 6/20/2012 Page 8 100 100 1,000 1,000 2,200 100 100 1,000 1,000 2,200 353 353 353 555 555 1,395 1,395 353 555 555 1,395 1,395 �`poka.ne ���1��� Project/Description/Current Status 2013 - 2018 Six-Year Transportation Improvement Program Dollars in Thousands Funding Length PE RW CN Total Sources 2013 2014 2015 2016 2017 2018 Total 33 Madison Road Reconstruction-40th to Thorpe o.s P Full Road Reconstruct; OCI:22.06 34 Mission Ave Resurfacing-Argonne to Herald P Grind/Overlay; OCI:33.68 � 35 Mullan Road Resurfacing-Broadway to Mission o.s P Grind/Overlay; OCI:33.38 36 Sprague Ave Resurfacing-Argonne to Herald P Grind/Overlay; OCI:33.28 100 0 1,450 1,550 City Project Total 30 0 440 470 City Project Total 25 0 286 311 City Project Total 0.6 30 0 680 710 City STP(U) Project Total Projects and timeframes identified in the TIP are to be considered estimates only that may change due to a variety of circumstances,and are not intended by the City to be relied upon by property owners or developers in making development decisions. 6/20/2012 Page 9 1,550 1,550 470 470 311 311 96 614 710 1,550 1,550 470 470 311 311 96 614 710 �`poka.ne ���1��� Project/Description/Current Status 2013 - 2018 Six-Year Transportation Improvement Program Dollars in Thousands Funding Length PE RW CN Total Sources 2013 2014 2015 2016 2017 2018 Total 37 Sprague Ave Resurfacing-Thierman to Park o.s so 0 615 645 city p STP(U) Grind/Overlay; OCI:34.3 Project Total 38 Sullivan Road Resurfacing- Broadway to o.�� so 0 2so 2ao city p MISSIOII STP(U) Grind/Overlay; OCI:32.49 39 Appleway Blvd Resurfacing-Vista to Dishman o.s P Mica Grind/Overlay; OCI:33.37 ao qrgonne Road Concrete Pavement- I-90 to P Montgomery Reconstruct pavement in concrete; OCI:40.35(2012) 0 Project Total 55 0 1,100 1,155 City Project Total 362 0 2,776 3,138 City Project Total Projects and timeframes identified in the TIP are to be considered estimates only that may change due to a variety of circumstances,and are not intended by the City to be relied upon by property owners or developers in making development decisions. 6/20/2012 Page 10 a� 558 645 38 242 280 1.155 1,155 362 2,776 362 2,776 s� 558 645 38 242 280 1,155 1,155 3,138 3,138 �`poka.ne ���1��� Project/Description/Current Status 2013 - 2018 Six-Year Transportation Improvement Program Dollars in Thousands Funding Length PE RW CN Total Sources 2013 2014 2015 2016 2017 2018 Total 41 Dishman Mica Road Resurfacing-40th to Sands o.2s P Grind/Overlay; OCI:33.67 42 Dishman Mica Road Resurfacing-Thorpe to S P City Limit Grind/Overlay; OCI:32.58 0.3 43 Euclid Ave Reconstruction-Sullivan to Marietta o.s P Full Road Reconstruction; OCI:28.41 44 Farr Road Reconstruction-4th to 8th P Full Road Reconstruction; OCI:28.93 ���7 20 0 260 280 City Project Total 20 0 190 210 City Project Total 150 0 1,960 2,110 City STP(U) Project Total 25 0 500 525 City Project Total Projects and timeframes identified in the TIP are to be considered estimates only that may change due to a variety of circumstances,and are not intended by the City to be relied upon by property owners or developers in making development decisions. 6/20/2012 Page 11 280 280 210 210 285 1,825 2,110 525 525 280 280 210 210 285 1,825 2,110 525 525 �`poka.ne ���1��� Project/Description/Current Status 2013 - 2018 Six-Year Transportation Improvement Program Dollars in Thousands Funding Length PE RW CN Total Sources 2013 2014 2015 2016 2017 2018 Total 45 Progress Road Reconstruction-Wellesley to p CI'OWII Full Road Reconstruct; OCI: 17.15 46 Sprague Ave Resurfacing-Vista to Argonne P Grind/Overlay; OCI:34.04 47 Sullivan Road Resurfacing-Sprague to P Broadway Grind/Overlay; OCI:31.2 48 Barker Road/BNSF Grade Separation(PE & P RW Only) 0.25 35 0 450 485 City Project Total 0.5 30 0 640 670 City STP(U) Project Total 0.5 40 0 800 840 City STP(U) 0 Construct Grade Separation at Barker/BNSF RR/Trent(SR290) FY09 Federal Earmark for$720K million,$10M received from FMSIB for CN phase Project Total 2,250 400 0 2,649 City Other Fed Other Fed Other- RR 485 485 90 580 670 113 727 485 485 90 580 670 113 727 840 840 101 256 357 180 180 611 1,368 1,979 38 95 133 Project Total 750 1,899 2,649 Projects and timeframes identified in the TIP are to be considered estimates only that may change due to a variety of circumstances,and are not intended by the City to be relied upon by property owners or developers in making development decisions. 6/20/2012 Page 12 �`poka.ne ���1��� Project/Description/Current Status 2013 - 2018 Six-Year Transportation Improvement Program Dollars in Thousands Funding Length PE RW CN Total Sources 2013 2014 2015 2016 2017 2018 Total 49 Euclid Ave Reconstruction-Marietta to Flora P Full Road Reconstruction; OCI:29.21 0.5 100 0 1,335 1,435 City Project Total 5o Evergreen Road Resurfacing- I-90 to Indiana o.2s 20 0 2so 2ao city P Grind/Overlay; OCI:30.43 51 Farr Road Reconstruction-Appleway to 4th P Full Road Reconstruction; OCI:29.63 52 Sprague/Fancher Concrete Intersection P Reconstruct Intersection in concrete pavement Project Total 0.25 20 0 230 250 City Project Total 0 181 0 1,391 1,572 City STP(U) Project Total Projects and timeframes identified in the TIP are to be considered estimates only that may change due to a variety of circumstances,and are not intended by the City to be relied upon by property owners or developers in making development decisions. 6/20/2012 Page 13 1,435 1,435 2ao 280 250 1,435 1,435 sso 280 250 250 250 212 212 1,360 1,360 1,572 1,572 �`poka.ne ���1��� Project/Description/Current Status 2013 - 2018 Six-Year Transportation Improvement Program Dollars in Thousands Funding Length PE RW CN Total Sources 2013 2014 2015 2016 2017 2018 Total 53 Sprague Ave Resurfacing- Flora to Corbin P Grind/Overlay; OCI:32.76 54 Sprague Ave Resurfacing- Park to Vista P Grind/Overlay; OCI:31.58 55 Sprague Ave Resurfacing-Sullivan to Conklin P Grind/Overlay; OCI:31.46 56 Sullivan Road Concrete Pavement Phase 2- P Euclid to Kiernan Concrete Pavement; OCI:37.45(2013) 0.25 20 0 410 430 City STP(U) Project Total 0.5 30 0 565 595 City STP(U) Project Total 0.5 35 0 660 695 City STP(U) Project Total 0.37 388 0 2,972 3,360 City STP(U) Project Total Projects and timeframes identified in the TIP are to be considered estimates only that may change due to a variety of circumstances,and are not intended by the City to be relied upon by property owners or developers in making development decisions. 6/20/2012 Page 14 58 372 430 80 515 595 94 601 58 372 430 80 515 595 94 601 695 695 39 414 453 252 2,655 2,907 291 3,069 3,360 4 F„�. 2013 - 2018 �poka.ne Six-Year Transportation Improvement Program � v�l�,�� Dollars in Thousands Funding Project/Description/Current Status Length PE RW CN Total Sources 2013 2014 2015 2016 2017 2018 Total 57 Sprague/Argonne-Mullan Concrete P Intersections Reconstruct intersections in concrete pavement 0 270 0 2,072 2,342 City 2,342 2,342 Project Total 2,342 2,342 Totals: 7,817 2,070 68,683 78,570 9,494 22,379 19,434 8,877 10,074 8,310 78,568 Projects and timeframes identified in the TIP are to be considered estimates only that may change due to a variety of circumstances,and are not intended by the City to be relied upon by property owners or developers in making development decisions. 6/20/2012 Page 15 S`pOkarle �Val ley Year Federal 2013 $3,878 2014 $7,227 2015 $7,227 2016 $0 2017 $0 2018 $0 Total $18,332 2013 - 2018 Six-Year Transportation Improvement Program Six-Year Transaortation Imarovement Proaram Totals Secured Projects State Other City $1,486 $177 $759 $1,000 $0 $213 $1,000 $0 $213 $0 $0 $0 $0 $0 $0 $0 $0 $0 $3,486 $177 $1,185 Total $6,300 $8,440 $8,440 $0 $0 $0 $23,180 Planned Projects Federal State Other City Total $2,023 $69 $0 $1,102 $3,194 $5,713 $3,213 $0 $5,013 $13,939 $5,803 $0 $0 $5,191 $10,994 $5,372 $0 $0 $3,505 $8,877 $4,711 $0 $38 $5,325 $10,074 $5,203 $0 $95 $3,012 $8,310 $28,825 $3,282 $133 $23,148 $55,388 Projects and timeframes identified in the TIP are to be considered estimates only that may change due to a variety of circumstances,and are not intended by the City to be relied upon by property owners or developers in making development decisions. 6/20/2012 Page 1 Federal State $5,901 $1,555 $12,940 $4,213 $13,030 $1,000 $5,372 $0 $4,711 $0 $5,203 $0 $47,157 $6,768 Totals Other City Total $177 $1,861 $9,494 $0 $5,226 $22,379 $0 $5,404 $19,434 $0 $3,505 $8,877 $38 $5,325 $10,074 $95 $3,012 $8,310 $310 $24,333 $78,568 City of Spokane Valley Department of Public Works Six-Year Transportation Improvement Program Projects w/No Currently Identified Local Match Within Existing Resources Dollars in Thousands Project Name Description Total Cost Arterial Improvement Projects Bowdish Road- 16th to Sprague Sprague to 8th: Inlay& Enhancement; 8th to 16th: $2,851 Reconstruct as 2-lane section w/curb, sidewalk, bike lanes and new stormwater facilities; Bowdish Road-24th to 16th Reconstruct Roadway as 2-lane section w/curb, sidewalk and $2,846 new stormwater facilities; Bowdish Road-32nd to 24th Reconstruct Roadway as 2-lane section w/curb, sidewalk and $2,637 new stormwater facilities; Sullivan Road North Extension Reconstruct and widen the Sullivan Road extension north also $55 (Bigelow Gulch) known as Bigelow Gulch Road to a 4-lane roadway with 8-foot shoulders and a 12-foot two way left turn lane. Wellesley Realignment @ Realign connection of Wellesley to Barker Rd and SR290, 3- $5,187 Barker/SR290 lane section, Part of Barker/BNSF Grade Separation Bridge Projects Barker Road/BNSF Grade Construct Grade Separation at Barker/BNSF RR/Trent $32,000 Separation (CN Only) (SR290) Park Road/BNSF Grade Separation Reconstruct Park Road to separate the grades of Park Road $16,520 and the BNSF railroad tracks. Congestion Improvement Projects Evergreen ITS Improvements Traffic Control Systems Upgrades for Evergreen(Broadway to $708 16th) Pines Corridor ITS: Sprague to 16th Traffic Signal Control System for Corridor $785 Saltese/Sullivan Traffic Signal Improvements to Intersection, Install Traffic Signal (In $586 coordination w/Spokane County) Sprague/Barker Traffic Signal Install Traffic Signal $594 Reconstruction Projects Sprague/Thierman Concrete Reconstruct intersection in concrete pavement $1,242 Intersection Sprague/University Concrete Reconstruct Intersection in concrete pavement; $1,660 Intersection Sullivan/Kiernan Concrete Reconstruct Intersection in concrete pavement; $1,423 Intersection 6/20/2012 Page 1 of 2 City of Spokane Valley Department of Public Works Six-Year Transportation Improvement Program Projects w/No Currently Identified Local Match Within Existing Resources Dollars in Thousands Project Name Description Total Cost Reconstruction Projects Sullivan/Marietta Concrete Reconstruct intersection in concrete pavement $1,493 Intersection Sullivan Road Concrete Pavement Concrete Pavement OCI: 37.28 (2013) $2,933 Phase 3- Inland to Marietta Sullivan Road Concrete Pavement Concrete Pavement; OCI: 37.28(2013) $2,398 Phase 4-Spokane River to Inland Sullivan Road Concrete Pavement Concrete Pavement; OCI 37.45 (2013) $2,720 Phase 5-Kiernan to Trent Street Preservation Projects Pavement Management Program- Annual street preservation projects per PMP $3,729 2013 Pavement Management Program- Annual street preservation projects per PMP $4,229 2014 Pavement Management Program- Annual street preservation projects per PMP $3,806 2015 Pavement Management Program- Annual street preservation projects per PMP $3,206 2016 Pavement Management Program- Annual street preservation projects per PMP $3,914 2017 Pavement Management Program- Annual street preservation projects per PMP $4,200 2018 Pavement Management Program- Annual street preservation projects $12,000 Local Access Total $113,722 6/20/2012 Page 2 of 2 City of Spokane Valley Department of Public Works Six Year Transportation Improvement Program ProjectsListed by Category for the 2013-2018 Six-Year TIP Dollars in Thousands Arterial Improvements Project Name Description Start Year City Cost iotal Cost Mission Ave.-Flora Rd.to Barker Reconstruct to a 3-lane section with 2013 $89 $659 Rd. (PE/RW) curb,sidewalks, bike lanes and stormwater facilities; Park Road-#2-Broadway to Reconstruct to a 3-lane section with 2013 $408 $3,027 Indiana(RW&CN) curb,sidewalks, bike lanes and stormwater facilities Mission Ave.-Flora Rd.to Barker Widen&Overlay to a 3-lane section 2014 $683 $3,416 Rd. (CN) with curb,sidewalks, bike lanes and stormwater facilities Total: $1,180 $7,102 Bridge Projects Project Name Description Start Year City Cost iotal Cost Sullivan Road West Bridge Reconstruct and widen west 2013 $668 $18,088 (southbound)bridge Sullivan Rd/UPRR Overpass Bridge Resurfacing of RR Overpass Bridge 2013 $92 $461 Resurfacing Project Deck Barker Road/BNSF Grade Construct Grade Separation at 2017 $357 $2,649 Separation(PE&RW Only) Barker/BNSF RR/Trent(SR290) Total: $1,117 $21,198 Projects and timeframes identified in the TIP are to be considered estimates only that may change due to a variety of circumstances,and are not intended by the City to be relied upon by property owners or developers in making development decisions. Wednesday,June 20,2012 Page 1 of 7 City of Spokane Valley Department of Public Works Six Year Transportation Improvement Program ProjectsListed by Category for the 2013-2018 Six-Year TIP Dollars in Thousands Congestion Improvements Project Name Description Start Year City Cost iotal Cost Argonne Road-190 to Trent Revise Signal Phasing,Add NB 2013 $120 $882 Right Turn Lane at Montgomery, Intersection Improvements at Knox Mansfield Ave Connection-Pines Construct 3-lane arterial gap 2013 $61 $1,541 (SR-27)to 200-ft East of Houk Rd connection from Pines to Houk,w/ sidewalk,curb,and stormwater facilities University Rd/I-90 Overpass Study Study of feasibility and benefits of 2013 $26 $188 overpass at University/I-90 to Argonne/SR-27 Sullivan Road Corridor Traffic Study- Conceptual Planning for Sullivan 2013 $27 $200 I-90 to Wellesley Road corridor improvements Total: $234 $2,811 Projects and timeframes identified in the TIP are to be considered estimates only that may change due to a variety of circumstances,and are not intended by the City to be relied upon by property owners or developers in making development decisions. Wednesday,June 20,2012 Page 2 of 7 City of Spokane Valley Department of Public Works Six Year Transportation Improvement Program ProjectsListed by Category for the 2013-2018 Six-Year TIP Dollars in Thousands Pedestrian/Bicycle Program Project Name Description Start Year City Cost iotal Cost Sidewalk Infill Program Fill in gaps in sidewalk system 2013 $65 $324 throughout city 24th Ave Sidewalk-Adams to Fill in gaps in sidewalk 2013 $132 $258 Sullivan Sidewalk&Transit Stop Accessibility Sidewalk and bus stop improvements 2013 $22 $111 Project Spokane Valley-Millwood Trail-SCC Construct Shared Use Pathway on 2013 $0 $559 to Evergreen Rd(PE) abandoned Railroad Right-of-way Wellesley/Adams Sidewalk Project Construct 6-ft sidewalk on one side 2013 $2 $570 of Adams(Trent to Wellesley)and north side of Wellesley(Sullivan to 200-ft East of Isenhart) Park Road#1 Sidewalk Project- Construct sidewalk along east side of 2013 $21 $434 Sinto Ave.to Indiana Ave. Park Road from 200-ft S.of Sinto to Indiana Ave.and 165-ft gap on Mission Ave. east of Park Rd Park Road#2 Sidewalk Project- Construct sidewalk along one side of 2013 $7 $143 Marietta Ave.to Buckeye Ave. Park Road and 160-ft gap on north side of Buckeye Ave east of Park Road Greenacres Trail-Sullivan to E City Construct Shared Use Pathway on 2014 $0 $1,095 Limits(RW&CN) abandoned railroad right-of-way Spokane Valley-Millwood Trail-SCC Construct Shared Use Pathway on 2014 $0 $4,380 to Evergreen Rd(RW&CN) abandoned Railroad Right-of-way Appleway Trail-University to Construct Shared Use Pathway 2015 $0 $2,200 Evergreen along abandoned Railroad Right-of- Way Total: $249 $10,074 Projects and timeframes identified in the TIP are to be considered estimates only that may change due to a variety of circumstances,and are not intended by the City to be relied upon by property owners or developers in making development decisions. Wednesday,June 20,2012 Page 3 of 7 City of Spokane Valley Department of Public Works Six Year Transportation Improvement Program ProjectsListed by Category for the 2013-2018 Six-Year TIP Dollars in Thousands Street Preservation Projects Project Name Description Start Year City Cost iotal Cost Sprague Ave Resurfacing-Fancher Grind/Overlay; OCI: 35.83 2013 $249 $249 to Dollar Sprague Ave Resurfacing-Havana Grind/Overlay EB lanes; OCI : 38.53 2013 $500 $500 to Fancher(EB Lanes) Argonne Road Resurfacing- Grind/Overlay; OCI: 35.63 2014 $295 $295 Sprague to Broadway Evergreen Road Resurfacing- Grind/Overlay; OCI: 35.07 2014 $995 $995 Sprague to Mission Mullan Road Resurfacing-Dishman Grind/Overlay; OCI: 35.56 2014 $295 $295 Mica to Broadway Sprague Ave Resurfacing-Herald to Grind/Overlay; OCI: 35.01 2014 $405 $405 University Dishman Mica Resurfacing-Sands Grind/Overlay; OCI: 34.43 2015 $353 $353 to Thorpe Mission Ave Resurfacing-Argonne Grind/Overlay; OCI: 33.68 2015 $470 $470 to Herald Mullan Road Resurfacing-Broadway Grind/Overlay; OCI: 33.38 2015 $311 $311 to Mission Sprague Ave Resurfacing-Argonne Grind/Overlay; OCI: 33.28 2015 $96 $710 to Herald Sprague Ave Resurfacing-Thierman Grind/Overlay; OCI: 34.3 2015 $87 $645 to Park Sullivan Road Resurfacing- Grind/Overlay; OCI: 32.49 2015 $38 $280 Broadway to Mission Appleway Blvd Resurfacing-Vista to Grind/Overlay; OCI: 33.37 2016 $1,155 $1,155 Dishman Mica Dishman Mica Road Resurfacing- Grind/Overlay; OCI: 33.67 2016 $280 $280 40th to Sands Dishman Mica Road Resurfacing- Grind/Overlay; OCI: 32.58 2016 $210 $210 Thorpe to S City Limit Projects and timeframes identified in the TIP are to be considered estimates only that may change due to a variety of circumstances,and are not intended by the City to be relied upon by property owners or developers in making development decisions. Wednesday,June 20,2012 Page 4 of 7 City of Spokane Valley Department of Public Works Six Year Transportation Improvement Program ProjectsListed by Category for the 2013-2018 Six-Year TIP Dollars in Thousands Sprague Ave Resurfacing-Vista to Grind/Overlay; OCI: 34.04 2016 $90 $670 Argonne Sullivan Road Resurfacing-Sprague Grind/Overlay; OCI: 31.2 2016 $113 $840 to Broadway Evergreen Road Resurfacing-I-90 Grind/Overlay; OCI: 30.43 2017 $280 $280 to Indiana Sprague Ave Resurfacing-Flora to Grind/Overlay; OCI: 32.76 2017 $58 $430 Corbin Sprague Ave Resurfacing-Park to Grind/Overlay; OCI: 31.58 2017 $80 $595 Vista Sprague Ave Resurfacing-Sullivan Grind/Overlay; OCI: 31.46 2017 $94 $695 to Conklin Total: $6,454 $10,663 Projects and timeframes identified in the TIP are to be considered estimates only that may change due to a variety of circumstances,and are not intended by the City to be relied upon by property owners or developers in making development decisions. Wednesday,June 20,2012 Page 5 of 7 City of Spokane Valley Department of Public Works Six Year Transportation Improvement Program ProjectsListed by Category for the 2013-2018 Six-Year TIP Dollars in Thousands Street Reconstruction Projects Project Name Description Start Year City Cost iotal Cost Sullivan/Euclid Concrete Reconstruct intersection in concrete 2013 $211 $1,562 Intersection(RW/CN) pavement Broadway @ Argonne/Mullan Reconstruct intersections in concrete 2014 $285 $2,110 Concrete Intersections(CN Only) pavement Euclid Ave Reconstruction-Flora to Full Road Reconstruction; OCI:27.3 2014 $1,610 $1,610 E City Limits Sullivan Road Concrete Pavement Concrete Pavement; OCI: 37.28 2014 $368 $2,721 Phase 1 -Marietta to Euclid (2013) Euclid Ave Reconstruction-W end Full Road Reconstruction; OCI:21.42 2015 $555 $555 to Sullivan Flora Road Reconstruction-Euclid Full Road Reconstruction; OCI:27.96 2015 $1,395 $1,395 to Trent Madison Road Reconstruction-40th Full Road Reconstruct; OCI:22.06 2015 $1,550 $1,550 to Thorpe Argonne Road Concrete Pavement- Reconstruct pavement in concrete; 2016 $3,138 $3,138 I-90 to Montgomery OCI:40.35(2012) Euclid Ave Reconstruction-Sullivan Full Road Reconstruction; OCI:28.41 2016 $285 $2,110 to Marietta Farr Road Reconstruction-4th to 8th Full Road Reconstruction; OCI:28.93 2016 $525 $525 Progress Road Reconstruction- Full Road Reconstruct; OCI: 17.15 2016 $485 $485 Wellesley to Crown Euclid Ave Reconstruction-Marietta Full Road Reconstruction; OCI:29.21 2017 $1,435 $1,435 to Flora Farr Road Reconstruction- Full Road Reconstruction; OCI:29.63 2017 $250 $250 Appleway to 4th Sprague/Fancher Concrete Reconstruct Intersection in concrete 2017 $212 $1,572 Intersection pavement Sullivan Road Concrete Pavement Concrete Pavement; OCI: 37.45 2017 $453 $3,360 Phase 2-Euclid to Kiernan (2013) Projects and timeframes identified in the TIP are to be considered estimates only that may change due to a variety of circumstances,and are not intended by the City to be relied upon by property owners or developers in making development decisions. Wednesday,June 20,2012 Page 6 of 7 City of Spokane Valley Department of Public Works Six Year Transportation Improvement Program ProjectsListed by Category for the 2013-2018 Six-Year TIP Dollars in Thousands Sprague/Argonne-Mullan Concrete Reconstruct intersections in concrete 2018 $2,342 $2,342 Intersections pavement Total: $15,099 $26,720 Overall Total: $24,333 $78,568 Projects and timeframes identified in the TIP are to be considered estimates only that may change due to a variety of circumstances,and are not intended by the City to be relied upon by property owners or developers in making development decisions. Wednesday,June 20,2012 Page 7 of 7 City of Spokane Valley Department of Public Works Six Year Transportation Improvement Program 2013 - 2018 Dollars in Thousands 2013 ftem# Project Name Primary Source City Amount iotal Amount 1 Argonne Road- 190 to Trent CMAQ 120 882 2 Mission Ave. - Flora Rd. to Barker Rd. (PE/RW) STP(U) 89 659 3 Sidewalk Infill Program CMAQ 65 324 4 Sullivan Road West Bridge BR 242 1,208 5 24th Ave Sidewalk-Adams to Sullivan City 132 258 6 Mansfield Ave Connection- Pines (SR-27)to UCP 61 1,541 200-ft East of Houk Rd 7 Sidewalk&Transit Stop Accessibility Project Other- FTA 22 111 8 Spokane Valley-Millwood Trail -SCC to STP(E) 0 559 Evergreen Rd (PE) 9 Sullivan Rd/UPRR Overpass Bridge Resurfacing BR 92 461 Project 10 University Rd/I-90 Overpass Study CMAQ 26 188 11 Wellesley/Adams Sidewalk Project Other State 2 570 12 ='� � , :_, __. . , STP(U) 20 150 13 Park Road#1 Sidewalk Project-Sinto Ave. to Other State 2 49 Indiana Ave. 14 Park Road#2 Sidewalk Project- Marietta Ave. to Other State 1 23 Buckeye Ave. 15 Sprague Ave Resurfacing - Fancher to Dollar City 249 249 16 Sprague Ave Resurfacing - Havana to Fancher City 500 500 (EB Lanes) 17 Sullivan/Euclid Concrete Intersection (RW/CN) STP(U) 211 1,562 18 �uiiivan k�� : STP(U) 27 200 Wellesley 2013 Totals: $1,861 $9,494 Projects and timeframes identified in the TIP are to be considered estimates only that may change due to a variety of circumstances,and are not intended by the City to be relied upon by property owners or developers in making development decisions. Added Projects are shown in Green Funded Projects are shown in Blue Wednesday,June 20,2012 Page 1 of 3 2014 ttem# Project Name Primary Source City Amount iotal Amount 4 Sullivan Road West Bridge Other Fed 213 8,440 12 ��'ark Road -�� - E3roadway �e� Iric�E�na (6�v`4� �>. STP(U) 388 2,877 .;N) 13 Park Road#1 Sidewalk Project-Sinto Ave. to Other State 19 385 Indiana Ave. 14 Park Road#2 Sidewalk Project- Marietta Ave. to Other State 6 120 Buckeye Ave. 19 Argonne Road Resurfacing - Sprague to City 295 295 Broadway 20 Broadway @ Argonne/Mullan Concrete STP(U) 285 2,110 Intersections(CN Only) 21 Euclid Ave Reconstruction- Flora to E City Limits City 1,610 1,610 22 Evergreen Road Resurfacing - Sprague to City 995 995 Mission 23 Greenacres Trail -Sullivan to E City Limits STP(E) 0 1,095 (RW&CN) 24 UAP 683 3,416 25 Mullan Road Resurfacing- Dishman Mica to City 295 295 Broadway 26 Spokane Valley-Millwood Trail -SCC to STP(E) 0 100 Evergreen Rd (RW&CN) 27 Sprague Ave Resurfacing - Herald to University City 405 405 28 Sullivan Road Concrete Pavement Phase 1 - STP(U) 32 236 Marietta to Euclid 2014 Totals: $5,226 $22,379 2015 ftem# Project Name Primary Source City Amount iotal Amount 4 Sullivan Road West Bridge Other Fed 213 8,440 26 Spokane Valley-Millwood Trail -SCC to STP(E) 0 2,140 Evergreen Rd (RW&CN) 28 Sullivan Road Concrete Pavement Phase 1 - STP(U) 336 2,485 Marietta to Euclid 29 Appleway Trail - University to Evergreen STP(E) 0 100 30 Dishman Mica Resurfacing-Sands to Thorpe City 353 353 31 Euclid Ave Reconstruction-W end to Sullivan City 555 555 32 Flora Road Reconstruction -Euclid to Trent City 1,395 1,395 33 Madison Road Reconstruction-40th to Thorpe City 1,550 1,550 34 Mission Ave Resurfacing -Argonne to Herald City 470 470 35 Mullan Road Resurfacing- Broadway to Mission City 311 311 36 Sprague Ave Resurfacing -Argonne to Herald STP(U) 96 710 37 Sprague Ave Resurfacing -Thierman to Park STP(U) 87 645 38 Sullivan Road Resurfacing - Broadway to Mission STP(U) 38 280 2015 Totals: $5,404 $19,434 Projects and timeframes identified in the TIP are to be considered estimates only that may change due to a variety of circumstances,and are not intended by the City to be relied upon by property owners or developers in making development decisions. Added Projects are shown in Green Funded Projects are shown in Blue Wednesday,June 20,2012 Page 2 of 3 2o�s ttem# Project Name Primary Source City Amount iotal Amount 26 Spokane Valley-Millwood Trail -SCC to STP(E) 0 2,140 Evergreen Rd (RW&CN) 29 Appleway Trail - University to Evergreen STP(E) 0 100 39 Appleway Blvd Resurfacing-Vista to Dishman City 1,155 1,155 Mica 40 Argonne Road Concrete Pavement- I-90 to City 362 362 Montgomery 41 Dishman Mica Road Resurfacing -40th to Sands City 280 280 42 Dishman Mica Road Resurfacing -Thorpe to S City 210 210 City Limit 43 Euclid Ave Reconstruction -Sullivan to Marietta STP(U) 285 2,110 44 Farr Road Reconstruction-4th to 8th City 525 525 45 Progress Road Reconstruction -Wellesley to City 485 485 Crown 46 Sprague Ave Resurfacing -Vista to Argonne STP(U) 90 670 47 Sullivan Road Resurfacing -Sprague to STP(U) 113 840 Broadway 2016 Totals: $3,505 $8,877 2017 ftem# Project Name Primary Source City Amount iotal Amount 29 Appleway Trail - University to Evergreen STP(E) 0 1,000 40 Argonne Road Concrete Pavement- I-90 to City 2,776 2,776 Montgomery 48 ��arker Road/ BNSF Grade Separation (; `: `., Other Fed 101 750 �W Only) 49 Euclid Ave Reconstruction - Marietta to Flora City 1,435 1,435 50 Evergreen Road Resurfacing- I-90 to Indiana City 280 280 51 Farr Road Reconstruction-Appleway to 4th City 250 250 52 Sprague/Fancher Concrete Intersection STP(U) 212 1,572 53 Sprague Ave Resurfacing - Flora to Corbin STP(U) 58 430 54 Sprague Ave Resurfacing - Park to Vista STP(U) 80 595 55 Sprague Ave Resurfacing -Sullivan to Conklin STP(U) 94 695 56 Sullivan Road Concrete Pavement Phase 2- STP(U) 39 291 Euclid to Kiernan 2017 Totals: $5,325 $10,074 2018 ftem# Project Name Primary Source City Amount iotal Amount 29 Appleway Trail - University to Evergreen STP(E) 0 1,000 48 �arker Ro.. . Other Fed 256 1,899 �W Onlyj 56 Sullivan Road Concrete Pavement Phase 2- STP(U) 414 3,069 Euclid to Kiernan 57 Sprague/Argonne-Mullan Concrete Intersections City 2,342 2,342 2018 Totals: $3,012 $8,310 Projects and timeframes identified in the TIP are to be considered estimates only that may change due to a variety of circumstances,and are not intended by the City to be relied upon by property owners or developers in making development decisions. Added Projects are shown in Green Funded Projects are shown in Blue Wednesday,June 20,2012 Page 3 of 3 CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: June 26, 2012 Department Director Approval: � Check all that apply: ❑ consent ❑ old business � new business ❑ public hearing ❑ information ❑ admin. report ❑ pending legislation ❑ executive session AGENDA ITEM TITLE: Motion Consideration: Proposed interlocal agreement — former Milwaukee rail right-of-way GOVERNING LEGISLATION: RCW 39.34 PREVIOUS COUNCIL ACTION TAKEN: Administrative report June 12, 2012. BACKGROUND: Staff for the City and Spokane County negotiated a proposed interlocal agreement whereby the two jurisdictions would cooperate on the location, construction, and maintenance of a multi-use trail along the former Milwaukee railroad right-of-way (ROW). This corridor was purchased by Spokane County in 1980, primarily for the purpose of locating utility infrastructure such as the sewer interceptor. Spokane County continues to utilize the property for utility purposes, all of which is currently underground. The property was formerly considered for extension of Appleway Boulevard east of University Road, but those plans were put on hold indefinitely as the Council is aware. The property has also been discussed for potential use by Spokane Transit Authority for mass transit purposes, although such discussions have been inactive for at least five years. There is currently a rough dirt path along most of the corridor, indicating its appropriateness for use as a multi-use trail. Staff sees this as a potential project that could be developed to whatever level the Council is comfortable with. For example, it could simply be a paved trail having minor meander to it with no greenspace associated with it. This would represent the lowest construction and maintenance cost. Another option could be that the City treats it as not only a multi-use trail, but also as a linear park running through the center of the City, and could at least have pockets of green space. Under this type of concept, adjoining property owners could be given permission to have limited access onto the ROW for purposes such as coffee stands or restaurants with facilities oriented toward trail. Any such consideration of the extent of development of the corridor should come at a later date in coniunction with public input, and after havinq qiven due consideration to the costs the different concepts may have for maintenance and operation. The Spokane County Board of Commissioners approved this proposed interlocal agreement at its June 12, 2012 meeting. OPTIONS: (1) approve the proposed interlocal agreement as drafted; (2) request that staff negotiate changes to the proposed interlocal agreement. RECOMMENDED ACTION OR MOTION: I move that we authorize the City Manager or his designee to execute the "Interlocal Agreement Between Spokane County and City of Spokane Valley Regarding Multi-Use Trail Along a Portion of Former Milwaukee Rail Right-Of-Way". BUDGET/FINANCIAL IMPACTS: The costs are unknown at this time because they would largely depend on the extent and type of development of the trail and/or linear park. There is not anticipated to be any cost for the agreement to locate the trail on the County property. There would be substantial costs related to construction and maintenance of the trail. STAFF CONTACT: Cary Driskell, City Attorney; Inga Note, Senior Traffic Engineer; Steve Worley, Senior Engineer—Capital Projects ATTACHMENTS: Proposed interlocal agreement with Spokane County INTERLOCAL AGREEMENT BETWEEN SPOKANE COUNTY AND CITY OF SPOKANE VALLEY REGARDING MULTI-USE TRAIL ALONG A PORTION OF FORMER MILWAUKEE RAIL RIGHT-OF WAY THIS AGREEMENT, made and entered into by and between Spokane County, a political subdivision of the State of Washington, having offices for the transaction of business at ll16 West Broadway Avenue, Spokane, Washington 99260, hereinafter referred to as "COLTNTY" and the City of Spokane Valley, a municipal corporation of the State of Washington, having offices for the transaction of business at 11707 East Sprague Avenue, Spokane Valley, Washington 99206, hereinafter referred to as "CITY,"jointly hereinafter referred to as the "PARTIES." The COLTNTY and CITY agree as follows. SECTION NO. 1: RECITALS AND FINDINGS (a) Pursuant to RCW 3632120(6), the Board of County Commissioners of Spokane County has the care of COUNTY property and the management of COUNTY funds and business. (b) Pursuant to RCW 36.68.090, counties acting through its board of county commissioners, are empowered to build, construct, care for, control, supervise, improve, operate and maintain parks,playgrounds,bicycle and bridle paths and other recreational areas. (c) Pursuant to RCW 3634340, any county or city may acquire by purchase, gift, devise,bequest, grant or exchange title or any interest or rights in real property for park or recreational purposes. (d) Pursuant to chapter 39.34 RCW (Interlocal Cooperation Act) counties and cities may contract with each other to perform certain functions which each may legally perform. (e) Spokane County acquired a parcel of property by a quitclaim deed from Richard B. Oglivie as Trustee of the property of Chicago, Milwaukee, St. Paul and Pacific Railroad Company, dated December 17, 1980, and recorded in Auditor's File Number 8012230081, records of Spokane County, commonly referred to as the "Milwaukee Right-of-Way". (� Spokane County and City of Spokane Valley desire to enter into an interlocal agreement to use a portion of the Milwaukee Right-of—Way located within the City of Spokane Valley, namely from University Road to where the Milwaukee Right-of-Way intersects with Corbin Road for a multi-use trail and potential linear park, acknowledging and recognizing the County's use of the Milwaukee Right-of-Way for the purpose of constructing, operating, repairing and maintaining public utility infrastructure and appurtenances thereto owned or controlled by the County as well as other potential uses of the right-of way. (g) Spokane County and City of Spokane Valley both recognize that having a multi-use trail along a portion of the Milwaukee Right-of-Way will provide an important regional alternative transportation and recreation amenity to the residents of Spokane County, including City of Spokane Valley. The multi-use trail is included in the CITY's adopted Bicycle and Pedestrian Maser Program. The multi-use trail would be a major link in providing an alternative transportation network through the central portion of the City of Spokane Valley to the City of Liberty Lake. Page 1 of 11 SECTION NO.2: DEFINITIONS (a) A�reement: "Agreement" means this Interlocal Agreement between the CITY and COUNTY regarding the joint use of a portion of the Milwaukee Right-of-Way for a multi- use trail and other potential linear park. (b) C�: "CITY"means the City of Spokane Valley. (c) Coun : "COLTNTY"means Spokane County. (d) Milwaukee Ri�ht-of-Wa� "Milwaukee Right-of-Way", and also referred to as the "Milwaukee ROW", means that parcel of property owned by Spokane County and acquired by quitclaim deed from Richard B. Oglivie as Trustee of the property of Chicago, Milwaukee, St. Paul and Pacific Railroad Company, dated December 17, 1980, and recorded in Auditor's File Number 8012230081,records of Spokane County. (e) Portion of Milwaukee Ri�ht-of-Wa� Portion of Milwaukee Right-of-Way means that portion of the Milwaukee Right-of-Way located within the City of Spokane Valley, namely from University Road to where the Milwaukee Right-of-Way intersects Corbin Road as more particularly depicted in Attachment "A", attached hereto and incorporated herein by reference. (� Multi Use TraiL "Multi Use Trail" means an improved non-motorized thoroughfare designed by mutual agreement of the PARTIES to be used by bicycles, walkers and pedestrians. The PARTIES contemplate that the Multi Use Trail will be a Type 2 Pathway. (g) Potential Linear Park "Potential Linear Park" means that open space concept which the PARTIES will hereinafter mutually agree upon. SECTION NO.3: PURPOSE The purpose of this Agreement is to reduce to writing the PARTIES' understandings and responsibilities regarding the use of the Portion of Milwaukee ROW for a Multi-Use Trail and Potential Linear Park. SECTION NO.4: DURATION/WITHDRAWAL This Agreement shall commence on July 1, 2012, and run through May 31, 2042. This shall be referred to as the "Initial Term." At the conclusion of the Initial Term, this Agreement shall automatically be renewed for successive ten(10)year terms. All renewals shall be subject to all terms and conditions set forth herein. This Agreement may not be terminated during the Initial Term except upon mutual agreement of the PARTIES. Subsequent to the Initial Term, either party may terminate this Agreement for any reason whatsoever upon a minimum of one (1) years advance notice as provided for in Section No. 8 to the other party. SECTION NO.5: PARTIES RESPONSIBILITIES/COMMITMENTS A. COUNTY'S RESPONSIBILITIES/COMMITMENTS Page 2 of 11 1. Allow the use of the Portion of the Milwaukee ROW for a Multi-Use Trail and Potential Linear Park for the term of this Agreement. Such use shall be subject to any easements, encumbrances, exceptions and reservations of record on the Milwaukee ROW. 2. Consult with the CITY with regard to all future uses of that Portion of Milwaukee ROW. Provided, the PARTIES acknowledge and agree that COUNTY owns the Milwaukee ROW and that its determination as to any use shall be controlling. 3. Jointly with the CITY submit grant applications and accept awards for the design, construction and/or maintenance of the Multi Use Trail wherein the CITY would be the lead agency jurisdiction. Provided, such obligation does not commit nor prohibit the COLTNTY from providing funding and or in-kind services in conjunction with the grant applications or awards. 4. Grant limited non-motorized access through appropriate documents such as license agreements to property owners adjoining the north and south Portions of the Milwaukee Right-of-Way so they can access the Multi Use Trail once it is constructed. 5. Revoke any licenses previously granted on the Portion of the Milwaukee Right-of-Way to the extent the COUNTY, after consultation with the CITY, determines the licenses would negatively impact the construction,operation or maintenance of the Multi Use Trail. 6. Allow the CITY to adopt and enforce regulations regarding the use of the Multi Use Trail so long as they are not inconsistent with the COUNTY's ownership or use interests. B. CITY'S RESPONSIBILITIES/COMMITMENTS 1. Assume lead agency jurisdiction in conjunction with all grant applications and grant awards for the design, construction and/or maintenance of the Multi Use Trail. This shall include but not be limited to administration of all grants as well as employment of architects, engineers, planners, preparation of bid specifications, award of public works, and other contracts. Provided, however, this obligation does not prohibit the COUNTY from voluntarily assisting the CTTY upon request in meeting these obligations. 2. Work with property owners adjoining the Multi Use Trail to relocate any of their encroachments, including but not limited to landscaping, sprinklers, and fences, that impede the construction and/or maintenance of the Multi Use Trail, which encroachments have not been placed in the Milwaukee ROW under a license or permit from the COUNTY. The terminology"work with"shall not require nor preclude the CITY from paying for the costs of relocating or removing such encroachment. It shall require the CITY to give written notice to the property owner of the encroachment and a reasonable time for the property owner to relocate or remove the encroachment. 3. Install removable bollards or other acceptable similarly removable obstructions at all road access points to the Multi Use Trail to protect property owners adj acent to the Multi Use Trail. 4. Assume the sole responsibility and expense for all maintenance and operation of the Multi-Use Trail subsequent to its construction, to include associated landscaping. Upon the commencement date of the Agreement, to be responsible for weed control, garbage abatement, and similar light maintenance of the Portion of the Milwaukee Right-of-Way. This responsibility shall continue with regard to the Portion of the Milwaukee Right-of-way adjacent to the Multi-Use Trail once the Multi-Use Trail is constructed. The COLTNTY grants the CITY expressed permission for such purpose. PARTIES recognize the necessity of maintaining not only the Multi-Use Trail but the adjoining right-of-way in good condition so it is an asset to the entire community. C. PARTIES JOINT RESPONSIBILITIES/COMMITMENTS Page 3 of 11 1. PARTIES acknowledge that the Milwaukee ROW is presently used by the COUNTY for the construction, operation, repair and maintenance of public utility infrastructure and appurtenances thereto owned or controlled by the COLTNTY and may be used in the future for the purpose of transmitting reclaimed water. PARTIES also acknowledge that the Milwaukee ROW may have other uses during the term of the Agreement including mass transit. The COUNTY's right to use the Milwaukee ROW for public utility infrastructure and appurtenances as they may presently exist or as they may be constructed, operated,repaired or maintained in the future to include transmitting reclaimed water as well as mass transit shall be paramount to the use of that Portion of the Milwaukee ROW under the terms of this Agreement. 2. PARTIES agree to coordinate the location of the Multi Use Trail and all aspects thereof such as landscaping to best fit with current and future uses of the Portion of the Milwaukee ROW. In the event of a disagreement as to the location, COLTNTY's determination as to location shall control. All improvements in conjunction with the Multi Use Trail must allow for continuous,uninterrupted equipment access by COUNTY to the sewer manholes for maintenance and cleaning. If the constructed Multi Use Trail needs to be removed or relocated for the COUNTY to operate, repair, or maintain its public utility infrastructure and appurtenances as they presently exist or as they may be expanded or improved in the future to include transmitting reclaimed water, the CITY will be responsible at its sole expense for reconstructing or relocating the Multi Use Trail to include paved pathway, gravel sub grade, and any landscaping disturbed by the COLTNTY or its contractors or other public agency. In the event the corridor is needed for location of mass transit facilities, the COUNTY will not be responsible for the cost of relocating the Multi Use Trail. COUNTY commits to working in good faith to attempt to minimize damage to the Multi Use Trail during the COUNTY's operation, repair, or maintenance of its public utility infrastructure and appurtenances as they presently exist or as they may be expanded or improved in the future to include transmitting reclaimed water. 3. PARTIES agree to continue their commitment to preserve the Milwaukee ROW for the full range of public uses, including but not limited to mass transit and public utility infrastructure and appurtenances. The PARTIES will consider appropriate regulatory language to accomplish this commitment. SECTION NO.6: LIABILITY WITH RESPECT TO HAZARDOUS WASTE COUNTY makes no representation whatsoever regarding the condition of the Portion of the Milwaukee Right-of Way including but not limited to its environmental condition as that term is de�ned in any applicable federal, state or local ordinance, code, regulation or court order, without limitation. CITY acknowledges that use of the Portion of the Milwaukee Right-of- Way for a Multi Use Trail is on an "as- is" condition,with any and all patent and latent conditions. It is understood and agreed that the CITY will excavate and perform earth-disturbing activities in conjunction with building the Multi Use TraiL If CITY encounters any hazardous substance de�ned in RCW 70.105.010, or any substance that is listed as a hazardous substance under federal law, in conjunction with excavating or performing other earth-disturbing activities while building the Multi Use Trail, CITY shall immediately; (i) secure or isolate such condition; (ii) stop all activity identified in connection with such condition, and (iii) notify County's representative as soon as feasible. CITY shall be solely responsible for performing evaluation and necessary corrective action only in regard to earth- disturbing activities in conjunction with building the Multi Use Trail. COUNTY shall be solely Page 4 of 11 responsible for performing evaluation and necessary corrective action only for the area adjoining the Multi Use Trail located within the Portion of the Milwaukee Right-of—Way as required by state or federal law. CITY shall be responsible for the proper identification (as required by law and applicable federal, state and local regulations) of all chemicals, compounds, or hazardous substances CITY and its subcontractors bring on to the Portion of the Milwaukee Right-of-Way. Such identification must include identification of health hazards, flammability, reactivity, and personal protection requirements. Identification labels and documents must be in the English language. CITY shall indemnify, defend and hold harmless the COLTNTY from and against any and all claims, causes of action, demands and liability associated with the e�stence, removal or remediation of any Hazardous Substances that are located on the Multi Use Trail in conjunction with earth-disturbing activities by CITY when building the Multi Use Trail, but only as to the area encompassed by the Multi Use Trail. COLTNTY shall indemnify, defend and hold harmless the CITY from and against any and all claims, causes of action, demands and liability associated with the existence, removal or remediation of any Hazardous Substances that are located on the Portion of the Milwaukee Right-of-Way except in conjunction with earth-disturbing activities by CITY when building the Multi Use Trail which shall be the CITY's sole responsibility as provided for herein above. SECTION NO.7 LIABILITY OTHER THAN HAZARDOUS WASTE NOTE: This provision shall govern all liability other than Hazardous Waste which is addressed in Section No. 6. The CITY shall indemnify, defend and hold harmless the COUNTY, its officers and employees from all claims, demands, or suits in law or equity arising from the CITY's intentional or negligent acts or breach of its obligations under this Agreement with regard to constructing, operating, and maintaining the Multi Use Trail. The CITY's duty to indemnify shall not apply to loss or liability caused by the intentional or negligent acts of the COUNTY,its officers and employees. The COLTNTY shall indemnify, defend and hold harmless the CITY, its officers and employees from all claims, demands, or suits in law or equity arising from the COLTNTY's intentional or negligent acts or breach of its obligations under the Agreement including, but not limited to its responsibilities for the area adjacent to the Multi Use Trail within the Portion of the Milwaukee Right-of Way. The COUNTY's duty to indemnify shall not apply to loss or liability caused by the intentional or negligent acts of the CITY,its officers and employees. If the comparative negligence of the PARTIES and their officers and employees is a cause of such damage or injury, the liability, loss, cost, or expense shall be shared between the PARTIES in proportion to their relative degree of negligence and the right of indemnity shall apply to such proportion. Where an officer or employee of a party is acting under the direction and control of the other party, the party directing and controlling the officer or employee in the activity and/or omission giving rise to liability shall accept all liability for the other party's officer or employee's negligence. Each party's duty to indemnify shall survive the termination or expiration of the Agreement. Page 5 of 11 Each party waives, with respect to the other party only, its immunity under RCW Title 51, Industrial Insurance and only as necessary to make this indemnity provision enforceable with respect to claims relating to the death or injury of CITY and/or COLTNTY employees acting within the scope of this Agreement. The PARTIES have speci�cally negotiated this provision. COUNTY initials CITY initials SECTION NO.8: NOTICE All notices or other communications given hereunder shall be deemed given on: (1) the day such notices or other communications are received when sent by personal delivery; or(ii)the third day following the day on which the same have been mailed by first class delivery,postage prepaid addressed to the COUNTY or the CITY at the address set forth below for such party, or at such other address as either Party shall from time- tatime designate by notice in writing to the other party: COUNTY: Spokane County Chief Executive Officer or his/her authorized representative ll 16 West Broadway Avenue Spokane, Washington 99260 CITY: City of Spokane Valley City Manager or his/her authorized representative 11707 East Sprague, Suite 106 Spokane Valley, Washington 99206 SECTION NO.9: COUNTERPARTS This Agreement may be executed in any number of counterparts, each of which, when so executed and delivered, shall be an original,but such counterparts shall together constitute but one and the same. SECTION NO. 10: ASSIGNMENT No party may assign in whole or part its interest in this Agreement without the written approval of the other party. SECTION NO. 11: RELATIONSHIP OF THE PARTIES The PARTIES intend that an independent contractor relationship will be created by this Agreement. No agent, employee, servant or representative of the either party shall be deemed to be an employee, agent, servant or representative of the other party for any purpose. SECTION N0. 12: MODIFICATION This Agreement may be modified in writing by mutual written agreement of the PARTIES. Page 6 of 11 SECTION N0. 13: PROPERTY AND EQUIPMENT PARTIES acknowledge that COUNTY owns the Milwaukee ROW. All improvements make under this Agreement in conjunction with the Multi Use Trail shall remain the property of the CITY until termination of the Agreement. Upon the termination of the Agreement, CITY shall remove all removable �xtures and all other improvements shall revert to the ownership of the COLTNTY and the execution of this Agreement shall act as a Bill of Sale for such improvements at such time. SECTION N0. 14: ALL WRITINGS CONTAINED HEREINBINDING EFFECT This Agreement contains terms and conditions agreed upon by the PARTIES. The PARTIES agree that there are no other understandings, oral or otherwise, regarding the subject matter of this Agreement. No changes or additions to this Agreement shall be valid or binding upon the PARTIES unless such change or addition is in writing, executed by the PARTIES. This Agreement shall be binding upon the PARTIES hereto,their successors and assigns. SECTION NO. 15: DISPUTE RESOLUTION Any dispute between the PARTIES which cannot be resolved between the PARTIES shall be subject to arbitration. Except as provided for to the contrary herein, such dispute shall first be reduced to writing. If the COLTNTY CEO and the City Manager for the CITY cannot resolve the dispute it will be submitted to arbitration. The provisions of chapter 7.04A RCW shall be applicable to any arbitration proceeding. The COUNTY and the CITY shall have the right to designate one person each to act as an arbitrator. The two selected arbitrators shall then jointly select a third arbitrator. The decision of the arbitration panel shall be binding on the PARTIES and shall be subject to judicial review as provided for in chapter 7.04A RCW. The costs of the arbitration panel shall be equally split between the PARTIES. SECTION N0. 16: VENUE STIPULATION This Agreement has been and shall be construed as having been made and delivered within the State of Washington and it is mutually understood and agreed by each party that this Agreement shall be governed by the laws of the State of Washington both as to interpretation and performance. Any action at law, suit in equity, or other judicial proceeding for the enforcement of this Agreement, or any provision hereto, shall be instituted only in courts of competent jurisdiction within Spokane County,Washington. SECTION N0. 17: SEVERABILITY The PARTIES agree that if any parts, terms or provisions of this Agreement are held by the courts to be illegal, the validity of the remaining portions or provisions shall not be affected and the rights and obligations of the PARTIES shall not be affected in regard to the remainder of the Agreement. If it should appear that any part, term or provision of this Agreement is in conflict with any statutory provision of the State of Washington, then the part, term or provision thereof that may be in conflict shall be deemed inoperative and null and void insofar as it may be in conflict therewith and this Agreement shall be deemed to modify to conform to such statutory provision. Page 7 of 11 SECTION N0. 18: RECORDS All public records prepared, owned, used or retained by the either party in conjunction with meeting its responsibilities under this Agreement shall be made available to the other party upon written requests subj ect to the attorney client and attorney work product privileges set forth in statute, court rule or case law. SECTION N0. 19: HEADINGS The section headings appearing in this Agreement have been inserted solely for the purpose of convenience and ready reference. In no way do they purport to, and shall not be deemed to define, limit or extend the scope or intent of the sections to which they pertain. SECTION NO.20: TIME OF ESSENCE OF AGREEMENT Time is of the essence of this Agreement and in case either Party fails to perform the obligations on its part to be performed at the time fixed for the performance of the respective obligation by the terms of this Agreement, the other Party may, at its election, hold the other Party liable for all costs and damages caused by such delay. SECTION NO.21: UNCONTROLLABLE CIRCUMSTANCES/IMPOSSIBILITY A delay or interruption in or failure of performance of all or any part of this Agreement resulting from Uncontrollable Circumstances shall be deemed not a default under this Agreement. A delay or interruption in or failure of performance of all or any part of this Agreement resulting from any change in or new law, order, rule or regulation of any nature which renders either party meeting its obligations under the terms of this Agreement legally impossible, and any other circumstances beyond the control of the either party which render legally impossible the performance by that party its obligations under this Agreement, shall be deemed not a default under this Agreement. SECTION NO.22: EXECUTION AND APPROVAL The PARTIES warrant that the of�cers executing below ha�e been duly authorized to act for and on behalf of the party for purposes of confirming this Agreement. SECTION NO.23: COMPLIANCE WITH LAWS The PARTIES shall observe all federal, state and local laws, ordinances and regulations, to the extent that they may be applicable to the terms of this Agreement. SECTION NO.24: DISCLAIMER Except as otherwise provided, this Agreement shall not be construed in any manner that would limit either party's authority or powers under law. Page 8 of 11 SECTION NO.25: ANTI-HICKBACK No officer or employee of the CITY,having the power or duty to perform an official act or action related to this Agreement shall have or acquire any interest in the Agreement, or have solicited, accepted or granted a present or future gift, favor, service or other thing of value from or to any person involved in the Agreement. SECTION NO.26: NON-DISCRIMINATION No individual shall be excluded from participation in, denied the bene�t of, subjected to discrimination under, or denied employment in the administration of or in connection with this Agreement in violation of local, state or federal law. SECTION NO.27: NO THIRD PARTY BENEFICIARIES Nothing in this Agreement is intended to give, or shall give, whether directly or indirectly, any benefit or right, greater than that enj oyed by the general public, to third persons. SECTION NO.28: THIRD PARTY CLAIMS CITY and COUNTY agree to support each other in defending their respective rights with regard to this Agreement. Neither party shall file a claim against the other party for damages pertaining to the rights granted herein that may arise from alleged defects of title,provided that claims based on eminent domain, adverse possession or prescription asserted by either Party against third parties may be made. SECTION NO.29: WAIVER No of�cer, employee, agent or otherwise of either party, has the power,right or authority to waive any of the conditions or provisions to this Agreement. No waiver of any breach of this Agreement shall 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 constructed as cumulative, that is, in addition to every other remedy provided herein or by law. Failure of either party to enforce at any time any of the provisions of this Agreement or to require at any time performance by the other party of any provision hereof, shall in no way be construed to be a waiver of such provisions, nor in any way affect the validity of this Agreement or any part hereof, or the right of either party to hereafter enforce each and every such provision. SECTION NO.30: RCW 39.34 REQUIRED CLAUSES A. PURPOSE: See Section No. 3 above. B. DURATION: See Section No. 4 above. C. ORGANIZATION OF SEPARATE ENTITY AND ITS POWERS: No new or separate legal or administrative entity is created to administer the provisions of this Agreement. D. RESPONSIBILITIES OF THE PARTIES: See provisions above. Page 9 of 11 E. AGREEMENT TO BE FILED: The CTTY shall file this Agreement with its City Clerk or place it on its website. The COLTNTY shall file this Agreement with its County Auditor or place it on its web site or other electronically retrievable public source. F. FINANCING: Each Party shall be responsible for the financing of its contractual obligations under its normal budgetary process. G. TERMINATION: See Section No. 4 above. H. PROPERTI'UPON TERMINATION: See provisions above. L REPRESENTATIVES: The PARTIES hereby appoint those individuals set forth in Section No. 8 as their respective representatives for the purpose of administering this Agreement. IN WITNESS WHEREOF, the PARTIES have caused this Agreement to be executed on date and year opposite their respective signatures. DATED: BOARD OF COUNTY COMMISSIONERS OF SPOKANE COUNTY,WASHINGTON TODD MIELKE, Chairperson ATTEST Clerk of the Board MARK RICHARD,Vice-Chairman Daniela Erickson AL FRENCH, Commissioner DATED: CITY OF SPOKANE VALLEY By: Attest: Title: City Clerk Approved as to form: Of�ce of the City Attorney Page 10 of 11 ATTACHMENT"A" (Map depicting Portion of Milwaukee Right-of-Way is on the following page) Page 11 of 11 �4� � � v � � � 9� 9a y a AppleLV��y,g�, �='�. � !�th Av �t N, �a.� O s � � � � � 2� n � � w °- �6 l h �v ,� � C ro �" � c�. � Interlocal Agreement on Milwaukee Railroad R/W Exhibit "A" 1��.. Irtdia„� Av �,lission l��� Valley�.��ay Av � d R. � h�M1issian A� -, ❑ � 44 � Sroad�vay� q� �r��ci����y AL' Broacl�vay �'�' � n� Va1Vey�v�y ��' Va1�e}�z��av A�� ValheyGVay E°+�' � r� SP � KAiVE VALLEY � a Spra�ue A�� 5pra�ue A� SPOKANE VALLEY 8th A�� z n 0. v � � .i����sP ¢ �d� 0. �7 ��tir, �u w��n��' v � rn x n. 3zn[i A�+ tC�th ��' 1T� W � o+ W. x � � � A a � A Q � � � 3 � � a zqth A�� � � � `�,�� � t�sPRd 3znd A� n a � � � � � � � 6,539.6 0 3,269.81 6,539.6 Feet O This map is a user generated static output from an Internet mapping site and is for reference only.Data layers that appear on this map may or may not be accurate,current,or otherwise reliable. 8th A�• CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: June 26, 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: Parking Regulations for Trucks in Residential Areas GOVERNING LEGISLATION: SVMC 9.05.010; WAC 308-330-462; RCW 46.61.570 PREVIOUS COUNCIL ACTION TAKEN: Council received an administrative report at the May 29, 2012, City Council meeting. BACKGROUND: On May 29, 2012, staff provided information to Council regarding how other jurisdictions have regulated the parking of semitrucks (i.e. tractor trailers) in residential areas. Council requested the report because Council had received information from citizens, including public testimony at formal Council meetings, that large commercial vehicles (such as semitrucks) are being parked in residential areas of the City and that this is causing several difficulties for the residents in those areas. The reported concerns include noise from continuous idling (particularly during the winter months and in the early morning hours), obstruction of traffic, and aesthetics. At the May 29th Council meeting, Council requested staff to gather information from the truck industry on how enacting an ordinance prohibiting parking in residential zones would impact the individual truck drivers. Staff contacted numerous local truck drivers who park their long haul semitrucks and trailers outside their homes inside the City's residential neighborhoods. Staff also spoke with the president of the Washington Truckers Association. Below is the summary of the information received: • The persons who most often park their semitrucks outside their homes are independent truck owner/operators. These individuals own their own trucks and work for other companies to transport merchandise around the country. Independent owner/operators generally must either park at their house or at a local truck stop. • The primary concern of the drivers is security of their vehicles. One independent owner/operator stated his truck and trailer cost him $175,000, and his cargo can be worth in excess of $400,000. Plus, many of his personal belongings are in his truck because he lives out of his truck most days as a long haul driver. It was stated that long haul trucks are targeted for theft — including at truck stops — because many people recognize that trucks contain valuable cargo and personal belongings. It is not uncommon for trucks to be stolen when a driver has to park it in a non-residential area. • Vandalism is also a concern. It was stated that this occurs more often when the trucks are left unattended outside residential areas. • A secondary concern of the drivers was inconvenience and increased cost. Many truck stops charge for overnight stays, and most do not allow drivers to just leave their trucks for two or three days at a time. Drivers would have to find alternative places to park, which tend to not be secure and render the vehicles more vulnerable to theft and vandalism. • All drivers I spoke with stated that responsible drivers do not idle their vehicles at night or during the day. All stated that idling is not necessary, even during the winter, because all trucks have electric engine block heaters that can be plugged in and which ensure the truck can be started in cold weather. • All drivers I spoke with stated that people should not be allowed to run "reefers" in residential neighborhoods because they are too loud. "Reefers" are cooling units on refrigerator trailers. • Most drivers agreed that a ban on running a generator on a truck in a residential neighborhood would be reasonable, particularly if the ban was limited to evening and early morning hours. • All drivers I spoke with stated that responsible drivers are courteous and do not park their semitrucks at street corners so as to obstruct clear view triangles. • Drivers stated that they would not be opposed to an anti-idling ordinance which prevented persons from idling their semitrucks and/or running reefers and generators in residential neighborhoods, but believe that adopting a parking ban is overbroad. As reported on May 29th, the City does not currently have a Code provision that prevents persons from parking semitrucks in residential zones. Likewise, there are no State laws preventing the parking of such vehicles in residential areas. However, the City does have authority to adopt such parking regulations by ordinance. RCW 46.61.570(2); WAC 308-330- 462; and SVMC 9.05.010. A number of other jurisdictions have enacted ordinances that prevent the parking of semitrucks and other large vehicles in residential areas. Examples of these ordinances are included in the May 29, 2012 RCA attached hereto. OPTIONS: (A) No action, or (B) direct staff to draft an ordinance in accordance with parameters identified by Council. RECOMMENDED ACTION OR MOTION: It is within the discretion and authority of Council to adopt an ordinance prohibiting the parking of commercial vehicles in residential areas. BUDGET/FINANCIAL IMPACTS: None. STAFF CONTACT: Kelly E. Konkright, Deputy City Attorney ATTACHMENTS: May 29, 2012 RCA CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: May 29, 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: Parking Regulations for Trucks in Residential Areas GOVERNING LEGISLATION: SVMC 9.05.010; WAC 308-330-462; RCW 46.61.570 PREVIOUS COUNCIL ACTION TAKEN: None. BACKGROUND: Council has received information from citizens, including public testimony at formal Council meetings, that large commercial vehicles (such as semitrucks) are being parked in residential areas of the City and that this is causing several difficulties for the residents in those areas. The reported concerns include noise from continuous idling (particularly during the winter months and in the early morning hours), obstruction of traffic, and aesthetics. At Council's request, staff provides the following information regarding (1) the City's current ordinances and whether they cover these concerns, and (2) what other municipalities have done to address the issues presented by the parking of commercial vehicles in residential areas. Attached hereto are photographs of semitrucks that have been parked in residential areas within the City. The City's parking regulations are set forth in the Washington Model Traffic Ordinance (WMTO), which the City adopted in SVMC 9.05.010. The WMTO parking restrictions do not prevent persons from parking semitrucks and/or semitrailers on residential streets. Likewise, there are no State laws preventing the parking of such vehicles in residential areas. The City does have authority to adopt such parking regulations by ordinance. RCW 46.61.570(2); WAC 308-330- 462; and SVMC 9.05.010. While there is no specific prohibition against parking semitrucks on residential streets inside the City, there are two limited circumstances in which law enforcement may be able to impound or take custody of an unattended vehicle parked in a vehicular public right of way. The first is when a vehicle is an accident or traffic hazard — such as when an unattended vehicle constitutes an obstruction to traffic or jeopardizes public safety. RCW 46.55.113(a)(i); 46.55.010(14). The second mechanism allows law enforcement to take custody of any vehicle parked along a public street 24 hours after it is tagged in accordance with the tagging procedures of RCW 46.55.085. These remedies only provide law enforcement with the ability to physically remove vehicles, and only in limited circumstances which, depending on the individual circumstances, may or may not apply to any particular situation in which a semitruck is parked in a residential area. To more effectively regulate the parking in these situations, multiple jurisdictions have adopted ordinances preventing the parking of semitrucks and other large vehicles in residential areas. Examples of these ordinances are summarized below: Page 1 of 4 Spokane Prohibits the "habitual parking of any auto stage, farm vehicle, for-hire vehicle, limousine, motor home, motor truck, private carrier bus, road tractor, semitrailer, trailer, park trailer, travel trailer, tractor, truck, truck tractor, boat, or any other commercial vehicle" on any street in or bordering a residential zone. Spokane Municipal Code 16A.61.562, a copy of which is attached to this RCA. Liberty Lake Prohibits parking of"commercial vehicles over 10,000 pounds licensed gross vehicle weight, the principal use of which is the transportation of commodities, merchandise, produce, freight, animals, vehicles, passengers for hire, or which are used primarily in construction or farming, including but not limited to bulldozers, backhoes, tractors and cranes" between 12:01 a.m. and 6:00 a.m. on any street or highway in an area zoned residential. Bellevue Permits parking or storage of RVs, watercraft, and utility trailers in residential zones so long as they are under 40 feet long and satisfy one of the following: 1) in a vented garage; 2) in a carport sight-screened from abutting properties; 3) in a side or rear yard if sight-screened from abutting properties and in compliance with setback requirements for accessory structures. The ordinance provides an exception to the rule for a qualified disabled person with an RV and for loading and unloading activities that are completed within three days. Defines RV as "[a]ny wheeled, motorized vehicle manufactured, converted or altered to provide self-contained temporary living quarters for recreational, camping or travel uses, and which does not exceed 40 feet in length. Any vehicle manufactured, converted, or altered which has integral wheels for towing or can be mounted on a motorized vehicle to provide self-contained, temporary living quarters for recreational, camping or travel uses." Burlington Prohibits recreational or commercial vehicles on the city streets or sidewalks in residential zones, but allows them to be parked in a garage or private driveway. Permits two consecutive days or two days in a seven-day period to load and unload (loading and unloading must be 15 minutes or under) on the street abutting the owner's property if it is done so in preparation for or ending a departure. Defines RVs as "all travel trailers, tent trailers, boats, boat trailers, utility trailers, snowmobile trailers or any similar vehicle. The term shall also include any "motor home" or "camper" as such terms are defined in RCW 82.50.010." Defines commercial vehicles as either: 1) vehicle or trailer over 20 feet long; or 2) vehicle over 10,000 pounds gross vehicle weight and that are used commercially. Clark County Prohibits trailers and trucks with a gross weight capacity over 10,001 pounds, from being parked on any street of any residential area of the county. Allows time for reasonable loading and unloading, no set time limit. Des Moines Commercial vehicles over 10,000 pounds in gross weight and exceeding 20 feet in length and 7.5 feet in width are prohibited in residential areas except on a temporary basis not exceeding six hours so long as sight is not obstructed. RVs and utility vehicles allowed in residential areas only when: 1) they do not intrude into public rights-of-way or obstruct sight visibility from adjacent driveways; 2) if at all possible, they cannot be parked in the front building setback; 3) they must be clean and well-kept to not detract from appearance of surrounding area; 4) they cannot be occupied as a dwelling unit. RVs and utility vehicles defined as travel trailers, folding tent trailers, motor homes, truck campers, horse trailers, boat trailers, or utility trailers. Page 2 of 4 Edmonds Prohibits the parking or storing of commercial vehicles over 10,000 pounds in residential areas unless a conditional use permit has been obtained. Allows for loading and unloading, no set time limit. Commercial vehicle is defined as any motor vehicle, the principal use of which is the transportation of commodities, merchandise, produce, freight, vehicles, animals, passengers for hire, or which is used primarily in construction or farming, including but not limited to bulldozers, backhoes, tractors and cranes. Federal Way A maximum of one commercial vehicle may be parked on a lot in a single-family residential zoned lot regardless of weight. Provides exceptions for construction, loading and unloading (for a maximum of 48 hours), and for limited time periods. If the commercial vehicle is over 80 inches wide there are time limitations on how long it may be parked on a lot. Parking or storage of any recreational vehicle or boat more than nine feet in height and more than 22 feet in length is prohibited in residentially zoned lots unless it falls into a listed exception. Commercial vehicles, boats, and RVs may not be used for residential purposes for more than 14-days in a 180-day period. Issaquah RVs, commercial and utility vehicles and boats must be licensed, clean, well-kept. Commercial vehicles may only be parked in residential areas if for temporary pick up, delivery, or moving regardless of weight or size. "Commercial vehicles" are defined as a vehicle of size and weight that is not typically found in a residential area. Travel trailers, campers, or motor homes may only be parked in residential areas or kept in a side or rear yard. With the exception of driveways, carports, and garages: trucks, RVs, and motorcycles shall not be permitted in front or street side yards of a residential use property. Lake Forest Park Prohibits a truck or trailer or any type of construction equipment to be parked on any public right-of-way in any residential zone unless in connection with a project, and only during daylight hours. Does not apply to RVs, trailers, and pickup trucks. North Bend No parked trucks, truck tractors, or semitrailers, over 80 inches wide, permitted on streets in multifamily residential zones, except for construction projects, and loading or unloading. (Trucks in Multi-family Zones, Time Limits for Large Commercial Vehicles) Redmond Parking commercial vehicles over 10,000 pounds in residential areas is prohibited. Recreational and utility vehicles must be located, in order of priority: 1) a vented garage or carport; 2) a side or rear yard; 3) a front yard on a driveway; 4) other locations determined by the Code Administrator to be less intrusive. Exemptions for pickup or light trucks 10,000 pounds gross weight or less. The vehicles may be parked in residentially zoned areas provided the listed conditions in the ordinance are met. Renton Prohibits parking of any vehicle over 12,000 pounds gross vehicle weight on any public right of way in which all of the adjacent structures occupied as residential dwellings. "Adjacent structures" means the same side of the right of way as the parking area and within the same block. Prohibits commercial vehicles from parking at all during the hours of 12:00 a.m. and 3:00 a.m. on a public right of way. No person shall park a commercial vehicle upon a public right-of- Page 3 of 4 way within 500 feet of a residential dwelling between 9:00 p.m. and 6:00 a.m. for more than ten consecutive minutes within any two hour period. Exceptions include deliveries from commercial vehicles, privately owned recreational vehicles and boats, utility trucks owned by a public or quasi-public agency responding to emergencies. Violation is a nuisance and vehicle is impounded. Tacoma Prohibits parking a commercial vehicle over 12,000 pounds on residential property or any public street in a residential district for a period in excess of one hour unless engaged in loading and unloading. Unlawful to park more than two vehicles of 12,000 pounds or less which are used for commercial purposes. Prohibits parking a trailer, boat trailer, or RV on a public street for a period of longer than seven-days. RVs may be used for human habitation for up to 14-days per calendar year so long as a proper permit has been attained. If Council would like staff to develop an ordinance similar to the above, staff will seek Council direction on the parameters of the ordinance, such as which vehicles to include in the regulation, the scope of the prohibited conduct, and the penalty for violations. OPTIONS: (A) No action, or (B) direct staff to draft an ordinance in accordance with parameters identified by Council. RECOMMENDED ACTION OR MOTION: It is within the discretion and authority of Council to adopt an ordinance prohibiting the parking of commercial vehicles in residential areas. BUDGET/FINANCIAL IMPACTS: None. STAFF CONTACT: Kelly E. Konkright, Deputy City Attorney ATTACHMENTS: Spokane Municipal Code 16A.61.562 Photographs Page 4 of 4 '� �1�1�'� ���r�� � E��t�r� F��� d� ' A • r �r � � » , � � �' a.d -+� . ���,,��i � � � � 1 ,� � ' w ���q� 'J ;� -+ � � , �� 'R? � � F T' �: `��i� .. �. O � �' I � ti "1� �-6. f� �. `'� - , �'",� . . _ � �� - � i�� � � .��,�� . + � ��� � � �� � �i ��� k�� . . � � Y ���* � � _� � � ..� � _ �� £ �.�-� �! �Ih� �:�- �S; <<- ��a':'fi'I� � _ .. � ��._ � 9 �tlL� � ' F �µ�d!''. �•.'� — rc. r � � ' +i -�r� �- �' �.. •..` A �, ��6 ���.. �� � . �:.�,. �,. . �, °° � , 3 � �,? � ' �`+� . � _� ` � � � �� ' ,�_ � � _ � i i �� � � - � � �. . j#I 9 �" ' �. 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'�. _ _. . _ _ _ � CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: June 26, 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 SRTC Call for Projects GOVERNING LEGISLATION: PREVIOUS COUNCIL ACTION TAKEN: Resolution 11-005 adopting the 2012-2017 Six Year Transportation Improvement Program (TIP) on June 28, 2011; Admin Report on the Draft 2013- 2018 Six Year TIP on May 29, 2012; Info Memo on Preliminary STP Project List on June 12, 2012. BACKGROUND: The Spokane Regional Transportation Council (SRTC) will be issuing a 2012 Call for Projects on July 2�d, 2012 for allocation of federal Surface Transportation Program (STP) funding for the years 2013-2016. This call for projects is based on the current direction by Congress to pass a 24-month extension to the federal transportation bill SAFETEA-LU. Approximately $24 million in STP funding is expected to be available for the Spokane region. However, because of funding for SRTC programs and previously deferred projects, the amount available for the actual Call for Projects is $22.5 million. Project applications are anticipated to be due Friday, August 3�d, 2012. The available funds will be divided into two regional categories: Urban and Rural projects. The Urban category of projects will receive 80% of the total funds available (currently estimated to be $19.2 million); while the Rural category will receive 20% of the total available funds ($4.8 million). Spokane Valley is eliqible for Urban fundinq only. The federal STP(U) funds will be further divided into four project categories as shown below. These numbers are sliqhtly different than previously presented and are based on the most recent information from SRTC. These dollar amounts are subject to change because the urban/rural split is program-wide and not specific to each project type. - . . � . . . . � . . - . . Improvement 20% $3.6 Million Reconstruction 30% $5.4 Million Preservation 40% $7.2 Million Other* 10% $1.8 Million Total $18.0 Million * `Other' includes Bike/Ped, ITS, Studies and Transit projects Due to the short application cycle, staff began evaluating the proposed STP grant criteria and has identified a draft list of projects to review with Council. Information used to develop this draft list of projects includes: • The draft 2013-2018 Six Year TIP • The adopted Pavement Management Program (PMP) • Council's expressed priorities including the Sullivan Road West Bridge Replacement Project and Street Preservation Here are some comments relative to the development of this list of projects: 1. There are more projects on the attached list than there are STP(U) funds available to pay for them. This is to provide Council an opportunity to weigh-in on which projects get selected for grant applications to be submitted to SRTC. 2. Staff recommends submitting grant applications for those projects listed in Bold. 3. The Start Year shown for each project is flexible and will likely be adjusted as the list is finalized. 4. InnPROVEnnENT CaTE�oRV: These are the only three improvement projects in the current draft of the 2013-2018 Six Year TI P. 5. RECONSTRUCTioN CaTE�oRV: The first two projects have been in past Six Year TIPs and currently have federal STP(U) funds for the design phase. Having federal funds for the design phase increases the potential to receive federal funds for the construction phase. The Sullivan Rd PCC project begins to address a portion of the Sullivan Road Corridor Project by replacing the deteriorating asphalt pavement with concrete because of the high truck traffic in this corridor. The last two projects in this category come directly from the PMP. 6. PRESERVaTioN CaTE�oRV: All projects listed come directly from the PMP. 7. OTHER CaTE�oRV: The Sullivan Rd Corridor Traffic Study is proposed to help determine if Sullivan Road needs to be widened to three lanes each direction due to the future completion of Spokane County's Bigelow Gulch project (and prior to the completion of the last phase of the North Spokane Corridor project). OPTIONS: Discussion RECOMMENDED ACTION OR MOTION: Discussion BUDGET/FINANCIAL IMPACTS: Project costs are currently being developed in more detail for each project. The City's match on federally funded projects is typically 13.5% of the total project cost. An initial review of the projected REET funds through 2016 appears to indicate sufficient funds to provide the city's match for the recommended projects. STAFF CONTACT: Steve M. Worley, PE — Senior Capital Projects Engineer ATTACHMENTS: 2012 SRTC Call for Projects— Proposed Projects List City of Spokane Valley- 2012 SRTC Call for Projects - Proposed Projects List Improvement Category # Project Name Limits Start PE RW CN City Match STP funds Start End Year (Dollars in Thousands) (13.5%) (86.5%) Total 1 Sullivan Road West Bridge(CN) @ Spokane River 2013 $ 4,439 $ 599 $ 3,840 $ 4,439 2 Mission Ave Improvement(CN) Flora Barker 2014 $ 4,050 $ 547 $ 3,503 $ 4,050 3 Park Rd Improvement(RW/CN) Broadway Indiana 2015 $ 20 $ 150 $ 2,877 $ 411 $ 2,636 $ 3,047 4 Sub-Totals S 1.557 S 9.979 S 11.536 Reconstruction Category # Project Name 1 Sullivan/Euclid Intersection PCC(CN) 2 Broadway @ Argonne/Mullan PCC(CN) 3 Sullivan Rd PCC 4 Euclid Ave 5 Flora Rd Preservation Category # Project Name 1 Sprague Ave Resurfacing(EB Lanes) 2 Sprague Ave Resurfacing 3 Sprague Ave Resurfacing 4 Argonne Rd Resurfacing 5 Sprague Ave Resurfacing 6 Sullivan Ave Resurfacing 7 Sprague Ave Resurfacing 8 Sullivan Ave Resurfacing Limits Start PE RW CN City Match STP funds Start End Year (Dollars in Thousands) (13.5%) (86.5%) Total Sullivan Euclid 2013 $ 1,562 $ 211 $ 1,351 $ 1,562 Broadway Argonne/Mullan 2014 $ 2,110 $ 285 $ 1,825 $ 2,110 Marietta Euclid 2014 $ 338 $ 2,595 $ 396 $ 2,537 $ 2,933 Flora Barker 2015 $ 30 $ 1,500 $ 207 $ 1,323 $ 1,530 Euclid Trent 2016 $ 25 $ 1,300 $ 179 $ 1,146 $ 1,325 Sub-Totals $ 1,277 $ 8,183 $ 9,460 Limits Sta rt E nd Havana Fancher Fancher pollar Herald University Sprague Broadway Argonne Herald Broadway Mission Vista Argonne Sprague Broadway Other Category(Bike/Ped, ITS,Studies,Transit, etc.) # Project Name Limits Sta rt E nd 1 Sullivan Rd Corridor Traffic Study Indiana Wellesley 2 ApplewayTrail Evergreen Tshirley 3 Start PE RW CN City Match STP funds Year (Dollars in Thousands) (13.5%) (86.5%) Total 2013 $ 50 $ 450 $ 68 $ 433 $ 500 2013 $ 24 $ 225 $ 34 $ 215 $ 249 2014 $ 30 $ 375 $ 55 $ 350 $ 405 2014 $ 30 $ 265 $ 40 $ 255 $ 295 2015 $ 30 $ 680 $ 96 $ 614 $ 710 2015 $ 30 $ 286 $ 43 $ 273 $ 316 2016 $ 30 $ 640 $ 90 $ 580 $ 670 2016 $ 40 $ 800 $ 113 $ 727 $ 840 Sub-Totals S 538 S 3.447 S 3.985 Start PE RW CN City Match STP funds Year (Dollars in Thousands) (13.5%) (86.5%) Total Zo13 S Zoo S 2� S 1�3 S Zoo 2014 $ 200 $ 1,500 $ 230 $ 1,471 $ 1,700 Sub-Totals� $ 257 � $ 1,644 � $ 1,900 � n,;,,�Tp pr ;e ,,; , Totals $ 3,629 $ 23,252 $ 26,881 P:\Public Works\Capital Projects\Project Funding Applications\2012 Applications\STP(U)Apps\STP Potential Project List.xlsxSTP Potential Project List.xlsx 6/6/2012 CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: June 26, 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: Animal Control GOVERNING LEGISLATION: N/A PREVIOUS COUNCIL ACTION TAKEN: N/A BACKGROUND: The City of Spokane Valley has contracted with Spokane County for animal control services since the City's inception. According to the County, the current facility is not an option for the future. The County ballot measure to purchase and renovate a new facility was not approved by the voters. The County is proposing a non-ballot option of purchasing an existing building utilizing existing revenue sources and forming a regional system including Spokane Valley and the City of Spokane to help mitigate associated costs. Spokane County has provided information requested by Council. Council has asked that staff examine SpokAnimal as a potential animal control service provider. Staff has determined that SpokAnimal is a viable option and has prepared a draft Request for Proposal (RFP) for Council consideration. OPTIONS: 1.) Issue RFP; 2.) Proceed with Spokane County offer. RECOMMENDED ACTION OR MOTION: N/A— General consensus on how to proceed. BUDGET/FINANCIAL IMPACTS: Net animal control costs including capital costs for SCRAPS are estimated to be $287K annually adjust for changes in the Consumer Price Index. STAFF CONTACT: Morgan Koudelka, Senior Administrative Analyst ATTACHMENTS: PowerPoint, Draft Interlocal Agreement from Spokane County, Draft RFP S`��iokane �Valley� I . ,.. �,�.�c- ��',„ . . � � � � � � �� � � � � .June 26 , 2012 Morgan Koudelka, Senior Administrative Analyst �� �� � � ��� Spokane Cou nty i s pu rs u i ng the pu rchase of a new animal shelter and is asking the City of Spokane Val ley to partici pate i n a long -term reg ional an i mal control system . ..� The Cou nty is explori ng ways of fu nd i ng the s helter with existing revenue sources . ��� Spokane Val ley staff, at the req uest of Cou nci I , acquired specific details from Spokane County regarding a new animal shelter. :.= The Spokane Val ley Cou nci I req uested staff to determine if SpokAnimal is also an option to provide animal control services . �� aff determined S okAnimal is a viable o tion N N z � � � � � � � � �� � � � � � � � � .��� Pu bl ic Age ncy provid i ng an i mal control services to the U n i ncorporated Cou nty, Spokane Val ley, Millwood , Cheney, and �iberty �ake .��� Has i nd icated that a new faci I ity i s necessary and hopes to vacate the cu rrent faci I ity by m id - 2 013 . ��3p Hopes to fi nance costs of a new faci I ity ( $ 4 . 5 M) through existing revenue sources and with the partici pation of Spokane . .�:� Proposed faci I ity i s i n the NW corne r of Spokane Val ley, 4 . 4 m i les from City Hal I . � - � A �ni � � � � A non - profit or anization that has been operating for 29 years and provi ing animal control services to Spokane for 28 years . ��= Has indicated they have more than enough capacity to handle Spokane Valley animals r3y Is wi I I i ng to provide an i mal control services for Spokane Va l I ey. :ys Has no plans to get out of the animal control business . ��� Wi I I respond to an RFP or provide al I i nformation req uested in order to allow a full comparison of services and costs with SCRAPS. ;��r No expansion is planned in the foreseeable future . ► AI I capital replacement costs are bu i It i n . ��� SpokAnimal will continue as a humane service provider regardless if they are providing animal control services . � _ � Ar� i r� � F �� � it � � ► Located City Hall city I i m it. on 710 N . Napa i n Spokane , 6 . 7 m i les from and 2 miles outside of the Spokane Valley ► Located on a bus line ► Close proximity to Interstate 90 . � Rece ntly acq u i red donation , i ncl udes ��� New kennels adjacent propertythough a $ 1 M event center ► Has full clinic on - site ► SpokAnimal also owns adjacent property that allows for expansion should it become necessary. ��� Uti I izes 400 vol u nteers and i n mates to provide some services . 5 � � r� i r� � F �� i it Y ,r-.A r� _ __ � t: �.�� � �_ � ! �£: f , '-.�..w'_ ���� � �. VET CLIN{C _ w. ` _ _. - . �._= ������ _..d„r"-'�� �- � �.��� ��� _��� ;.. � _ ''�� � �;-, _�� . - �* - �*!�. � � _ �°.� -- - - _ -�" � , .� � - � �� � ' - —___ - - �F� ,�. " � , n= � , i'" , � � — .�- _ • s+�". _ - ° � w i= 7t .. ..� .3 i} . c t �, �: - �� t a ! r T`, : i( c ` � ' r : ��. � 1� � ` ', . � �' ; / , ; �'�' ! �� '� � � � r� `�"��:� � � , . � � ��� , � � X�}'A � � v .__,.. ; „� ,��s '� .. ,.. . , .� _� S k, e�,.:e1}S{u Y '� �yzti��i��- 1... �'i 1 I ' , Y� , , i.. — � ,;� �� � �—' e � f � 'f �,� ':�r ��� . � , �f ,r ` � �� ,� f R , a � ,, � . � .� . � :� � " r� � ,�� ��� `� , �f � , ` �li+r','�r�r�t?i�- � r`, ' � . , . . �� �I�f�J�ra��i� rt'. � t Ff A'. ��[ D� ,A� , . , �. r� R � �: ,�, , ,.4. ;: j�4 . �. �.. F y�. . �' � '���i���' �. � � � r� i r� � F �� i it Y �� ._Q- � � i , ; � � � � ' �� � � - �+ � �r1 �a��.,--`. � �".� i i� �` � ti,�'` �^�I�� " � ��S.�� ' � � . " �_i�� ■+. i'�- � .`--�' �!� � _ � r � ,i�r-.' �,,. - � � � � �,.-- . �_ .�'� � � � s � j ���-- -� � � � �� . 1 � � � � � � � r •j���� , �� �� � L � � � � �.� � � �. , � R :�I t � � }. � � ��� � � �� � . at ���� . . �� :+ � ;��-��'- � � ��� `� -- - � _�-` : �� . ,. � � � ����� �3 t T ' _ ��.- - M}�'� -�� •��"� y,r�. -� F � - R( � .,.�,_y��� � L � � � � r'� � � 7 � � � � � ■ �� � � �� I � � � � I � � � � � � � � ■ �� � � �� I � � � � I � � � .� Spokane Cou nty sent a d raft i nterlocal agreement to staff on May 29 . �y4 This agreement contains a new finance option different from the previous options presented to the City. �� Th i s option was not d i scu ssed with City staff prior to the Cou nty send i ng the ag reement . ��3f Cou nty staff has i nd icated th i s i s now the on ly option bei ng offered by the Cou nty. :��� The term of the agreement is for 20 years . � � � � � � ■ �� � � �� I � � � � I � � � � � � ■ � ��� All costs , capital and operating , will be fixed over the life of the agreement but adjusted annually for inflation using the Consumer Price Index (CPI) . The CPI adjustment will be applied to the capital costs as well in addition to the 3% finance charge . � No capital obligation beyond 20 years . Will automatically renew in 4-year terms after the initial 20-year term . ��� No settle and adjust . :�r Billed twice per year in March and August . .�4� Dispute resolution subject to binding arbitration . �� st starts at 2 8 7 0 79 . �C� � , 10 � I �I l� r r r r� llll � � � � � � � � � � � t � SV Animal Control Cost Projection Year Costs Change CPI Change with CPI Change Actual 2004 $ 375, 137 $ 375, 137 Actual 2005 $ 372,491 -0.71 % 3.4% $ 387,892 Actual 2006 $ 377,232 1 .27% 3.2% $ 400,304 Actual 2007 $ 387, 190 2.64% 2.8% $ 411 ,513 Actual 2008 $ 329,642 -14.86% 3.8% $ 427, 150 Actual 2009 $ 322,570 -2. 15% -0.4% $ 425,442 Actual 2010 $ 299,319 -7.21 % 1 .6% $ 432,249 Co. Estimated 2011 $ 307,516 2.74% 3.2% $ 446,081 Co. Estimated 2012 $ 268,351 -12.74% 1 .6% $ 453,218 Total Costs $ 3,039,448 $ 3,758,985 - Change in CPI is difference in the average CPI for each year. 11 � �� � � Pros ���$ Provides stabi I ity and pred ictabi I ity �s� Matches inflationary growth for goods purchased . � Cons ���$ Generally does not align with City revenue trends and budget constrai nts . Y� Excl udes i ncorporated efficiencies and greater success with license , grant, and donation revenue . 12 ■ � i � r� r� +� � � � tw� � r� N �w R�� P t� i � r� � n � r��ri � � � �ti � r� � ,� it� � � t � r� � New Option Comparison Annual Capital Costs Present Value @ .25% Present Value @ 1% Present Value @ 2% Present Value @ 3% $ $ $ $ $ Option 3 1,064,840 1,027,996 929,275 820,245 731,073 $ $ $ $ $ Option 5 Historical 20 year CPI annual change = 2.64% 1,003,500 1,003,500 1,003,500 1,003,500 1,003,500 $ $ $ $ $ New Method o� 2% CPI 1,093,382 1,063,453 980,100 882,353 797,701 $ $ $ $ $ New Method @ 2.5% CPI 1,149,510 1,117,595 1,028,757 924,677 834,640 $ $ $ $ $ New Method @ 3% CPI 1,209,167 1,175,127 1,080,424 969,575 873,786 -Option 3 was County Ownership, 20 yr. improvements/ 50 yr. building costs. -Option 5 was City ownership, all costs paid up front. 13 ■ ■ � � I � � � � I � �� � � � � � .ar Esti mated by City staff accord i ng to cu rrent Spokane contract costs . These n u m bers do not represent actual costs provided by SpokAn i mal . B Po u lat io n v 241 735 � � Bv ASPCA I m aou nds 252 450 � 14 ■ ■ ■ ■ � � � � I � � I � I � � �� � I � �� What i s most i m portant to Cou nci I? k� Cost (What % change warrants a change?) �=t Location ( I n Spokane Val ley or near SV) ��# Service Ievel �# Regional Coalition (or what is best for SV) �LL� Working with the County (or consider all options) xw� Stability - Does council service provider unless change? desire to stay with the same there is a compelling reason to �LL� Voter will - voters turned down the ballot measure for a n ew fac i I i ty. xw� Utilize existing when possible . resources and private contractors 15 �I � � � � � � — rf � � �ar� � il v�vi � I� � � t� � � r� � � � fu I I �� rr� � ri � � � �f � r� i � � I � � � � r� � r� l � � r�ri �� � � i � � � o � �� Notify Cou nty by � u ne 30 that we are sti I I interested but considering other options . � Issue Request for Proposal 16 DRAFT INTERLOCAL AGREEMENT FOR ANIMAL CONTROL SERVICES IN THE CITY OF SPOKANE VALLEY THIS AGREEMENT, made and entered into by and between Spokane County, a political subdivision of the State of Washington, having offices for the transaction of business at 1116 West Broadway Avenue, Spokane, Washington 99260, hereinafter referred to as "COLTNTY" and the City of Spokane Valley, a municipal corporation of the State of Washington, having offices for the transaction of business at Redwood Plaza, 11707 East Sprague Avenue, Spokane, Washington 99206, hereinafter referred to as"CITY,"j ointly hereinafter referred to as the "PARTIES." The COUNTY and CITY agree as follows. SECTION NO. L• RECITALS AND FINDINGS (a) The Board of County Commissioners of Spokane County has the care of COUNTY property and the management of COUNTY funds and business under RCW 36.32.120(6). (b) Counties and cities may contract with each other to perform certain functions which each may legally perform under chapter 3934 RCW(Interlocal Cooperation Act). (c) Pursuant to the provisions of 3632.120(6) and RCW 36.32120(7), Spokane County, through its Board of County Commissioners, may enact ordinances dealing with animal control within the unincorporated area of Spokane County. (d) City of Spokane Valley may enact ordinances dealing with animal control within its boundaries. (e) Spokane County intends on acquiring and improving property ("Regional Animal Control Facility") from which Spokane County will provide certain animal control services to itself,the City of Spokane Valley, and other public entities. The cost of acquiring and improving the Regional Animal Control Facility will be financed in part through the operational savings realized by the City of Spokane Valley, Spokane County and other public entities contracting with Spokane County to receive animal control services from the Regional Animal Control Facility. Spokane County desires to enter into an agreement with the City of Spokane Valley wherein the City will contract to receive animal control services with the County for a term of years thus providing the County with operational savings to finance in part the County's acquisition and improvement of the Regional Animal Control Facility. (� The City of Spokane Valley desires to utilize the services of Spokane County for the purpose of performing certain animal control services within the boundaries of the City of Spokane Valley for a term of years. SECTION NO.2: DEFINITIONS (a) A�reement "Agreement" means this Interlocal Agreement between the CITY and COUNTY regarding animal control services. (b) C�: "CITY"means the City of Spokane Valley. Page 1 of 12 DRAFT (c) Coun : "COLTNTY"means Spokane County. (d) Services: "Services"means those services identified in Attachment"1"attached hereto and incorporated herein by reference. (e) Annual Fixed Fee: "Annual Fixed Fee" means that annual amount of money which the CITY will pay the COUNTY to provide Services. (� Uncontrollable Circumstances: "Uncontrollable Circumstances" means the following events: strikes, riots, wars, civil disturbances, insurrections, acts of terrorism, fires and floods, weather conditions, volcanic eruptions, lightning or earthquakes or other acts of God at or near where the Services are performed and/or that directly affect providing of such Services. (g) Consumer Price Index: "Consumer Price Index" or "CPP' means the percentage change between the current year index and the previous year index as determined by United States Department of Labor, Bureau of Labor Statistics, West-Size Class B/C, Consumer Price Index, All items for all urban consumers (CPI-U), Base year Annual Average. See Attachment "2". For example, as shown on Attachment "2" the CPI for calendar year 2012 is 3.0%. It was calculated by determining the difference in the CPI-U for 2010 and CPI-U for 2011, dividing this number by the CPI-U for 2010 and rounding the number to the nearest 1/10 of 1%. (I.E. Difference between 133.778 and 137.748 = 3.97/133.778=2.96 rounded up to 3.) (h) Re�ional Animal Control Facility: "Regional Animal Control Facility" means that property acquired, improved and owned by Spokane County from which the County will provide Services. SECTION NO.3: PURPOSE The purpose of this Agreement is to reduce to writing the PARTIES' understandings as to the terms and conditions under which the COUNTY will provide Services on behalf of the CITY. SECTION NO.4: DURATION/WITHDRAWAL This Agreement shall commence on January 1,2014, ("Commencement Date") and run for a term of twenty (20)years. In the event the COUNTY for any reason whatsoever is unable to commence providing Services on the Commencement Date, it will provide the CITY with at least six (6) months advance written notice which shall state the date upon which the COUNTY will provide Services. This twenty (20) year time frame shall be referred to as the "Initial Term." The PARTIES acknowledge that the Initial Term is necessary in order for the COUNTY to realize operational savings which it will use to acquire and improve the Regional Animal Control Facility. At the conclusion of the Initial Term, this Agreement shall automatically be renewed for successive four(4)year terms. All renewals shall be subject to all terms and conditions set forth herein. This Agreement may not be terminated during the Initial Term except upon mutual agreement of the PARTIES. Subsequent to the Initial Term, either party may terminate this Agreement for any reason whatsoever upon a minimum of one (1)year advance notice as provided for in Section 7 to the other party. Page 2 of 12 DRAFT SECTION NO.5: COST OF SERVICES AND PAYMENTS The CITY shall pay the COUNTY an annual fixed fee for Services provided under this Agreement. The fixed fee for Services contemplates Services commencing as of January 1 S`of each year and running through December 31S` of each year. The fixed fee for calendar year 2012 will be $287,079. For each subsequent year, the fixed fee shall increase by the CPI as stated in Section No. 2 (h) for the previous year. In the event the term of this Agreement commences at other than the beginning of any year, the annual fixed fee will be prorated on a daily basis for that year. For example, using the above basis for calculating the annual fee, if the 2012 CPI was 3%, the CITY would pay a 2013 Annual Fixed Fee for Services of$295,69137. The 2013 Annual Fixed Fee would be calculated by taking the 2012 Annual Fixed Fee and increasing it by the 2012 CPI of 3%. (LE. $287,079.00 + $8,61237 (3% of $287,079) _ $295,69137). If the 2013 CPI was 2.5%, the CITY would pay a 2014 Annual Fixed Fee for Services of$303,083.65. The 2014 Annual Fixed Fee is calculated by taking the 2013 Annual Fixed Fee and increasing it by the 2013 CPI of 2.5%. (I.E. $295,691.37 + $7,39228 (2.5% of $295,69137)_$303,083.65). There shall be no settle and adjust with regard to any Annual Fixed Fee the Services provided under this Agreement. The COUNTY will bill the CITY for the cost of Services as outlined herein on February ls`and July ls`each year this Agreement is in effect. Payments will be calculated by dividing the Annual Fixed Fee by two (2). Payments by the CITY will be due by March 5`'' and August ls`. The COUNTY, at its sole option, may charge interest on any late payment calculated on any lost interest earning had the amount due been invested since the date due to the date of payment in the COLTNTY's investment pool. SECTION NO. 6: RELATED RESPONSIBILITIES IN CONJUNCTION WITH PROVIDING SERVICES The COUNTY or its designee agrees to attend staff meetings as requested by the CITY. The COLTNTY or its designee agrees to meet upon request by the CITY or its designee to discuss any Service provided under the terms of this Agreement. The CITY agrees the COLTNTY may use the COLTNTY's stationery in conjunction with providing Services under the terms of this Agreement. SECTION NO.7: NOTICE All notices or other communications given hereunder shall be deemed given on: (1) the day such notices or other communications are received when sent by personal delivery; or(ii)the third day following the day on which the same have been mailed by first class delivery,postage prepaid addressed to the COUNTY or the CITY at the address set forth below for such party, or at such other address as either party shall from time- tatime designate by notice in writing to the other party: COUNTY: Spokane County Chief Executive Officer or his/her authorized representative 1116 West Broadway Avenue Spokane, Washington 99260 Page 3 of 12 DRAFT CITY: City of Spokane Valley Manager or his/her authorized representative Redwood Plaza ll707 East Sprague, Suite 106 Spokane Valley, Washington 99206 SECTION NO.8: RECORDS REVIEW The CITY shall be allowed to conduct random reviews of the records generated by the COUNTY in performance of this Agreement. The CITY will provide the COLTNTY with reasonable advance notice of the records reviews. The PARTIES agree that they will make best efforts to achieve a resolution of any potential records confidentiality issues, including entering into confidentiality agreements or other similar mechanisms that will allow disclosure of the necessary information to accurately conduct a records review. SECTION NO.9: COUNTERPARTS This Agreement may be executed in any number of counterparts, each of which, when so executed and delivered, shall be an original,but such counterparts shall together constitute but one and the same. SECTION NO. 10: ASSIGNMENT No party may assign in whole or part its interest in this Agreement without the written approval of the other party. Provided, however, this does not prohibit the COUNTY from contracting for any euthanasia or cremation services. SECTION NO. 11: COUNTY EMPLOYEES The COUNTY shall hire, assign, retain and discipline all employees performing Services under this Agreement according to applicable collective bargaining agreements and applicable state and federal laws. The COUNTY agrees to meet and confer with the CITY with respect to staff that is assigned to provide Services. Issues of discipline or performance will be specifically handled according to COUNTY policies. SECTION N0. 12: LIABILITY The COLTNTY shall indemnify, defend and hold harmless the CITY, its officers and employees from all claims, demands, or suits in law or equity arising from the COUNTY's intentional or negligent acts or breach of its obligations under the Agreement. The COUNTY's duty to indemnify shall not apply to loss or liability caused by the intentional or negligent acts of the CITY,its officers and employees. The CITY shall indemnify, defend and hold harmless the COLTNTY, its officers and employees from all claims, demands, or suits in law or equity arising from the CITY's intentional or negligent acts or breach of its obligations under the Agreement. The CITY's duty to indemnify shall not apply to loss or liability caused by the intentional or negligent acts of the COUNTY,its officers and employees. If the comparative negligence of the PARTIES and their officers and employees is a cause of such damage or injury, the liability, loss, cost, or expense shall be shared between the PARTIES in proportion to their relative degree of negligence and the right of indemnity shall apply to such proportion. Page 4 of 12 DRAFT Where an officer or employee of a party is acting under the direction and control of the other party, the party directing and controlling the of�cer or employee in the activity and/or omission giving rise to liability shall accept all liability for the other party's officer or employee's negligence. Each party's duty to indemnify shall survive the termination or expiration of the Agreement. Each party waives, with respect to the other party only, its immunity under RCW Title 51, Industrial Insurance and only as necessary to make this indemnity provision enforceable with respect to claims relating to the death or injury of CITY and/or COUNTY employees acting within the scope of this Agreement. The PARTIES have speci�cally negotiated this provision. COUNTY initials CITY initials SECTION N0. 13: RELATIONSHIP OF THE PARTIES The PARTIES intend that an independent contractor relationship will be created by this Agreement. The COUNTY shall be an independent contractor and not the agent or employee of the CITY. The CTTY is interested only in the results to be achieved and that the right to control the particular manner, method and means in which the Services are performed is solely within the discretion of the COUNTY. Any and all employees who provide Services to the CITY under this Agreement shall be deemed employees solely of the COUNTY. The COUNTY shall be solely responsible for the conduct and actions of all employees under this Agreement and any liability that may attach thereto. Likewise, no agent, employee, servant or representative of the CITY shall be deemed to be an employee, agent, servant or representative of the COUNTY for any purpose. SECTION N0. 14: MODIFICATION This Agreement may be modified in writing by mutual written agreement of the PARTIES. SECTION NO. 15: PROPERTY AND EQUIPMENT The ownership of all property and equipment utilized in conjunction with providing the Services under this Agreement shall remain with the COUNTY unless otherwise specifically and mutually agreed to by the PARTIES. SECTION N0. 16: ALL WRITINGS CONTAINED HEREINBINDING EFFECT This Agreement contains terms and conditions agreed upon by the PARTIES. The PARTIES agree that there are no other understandings, oral or otherwise, regarding the subject matter of this Agreement. No changes or additions to this Agreement shall be valid or binding upon the PARTIES unless such change or addition is in writing, executed by the PARTIES. This Agreement shall be binding upon the PARTIES hereto,their successors and assigns. SECTION N0. 17: DISPUTE RESOLUTION Any dispute between the PARTIES which cannot be resolved between the PARTIES shall be subject to arbitration. Except as provided for to the contrary herein, such dispute shall first be reduced to writing. If Page 5 of 12 DRAFT the COUNTY CEO and the CITY cannot resolve the dispute it will be submitted to arbitration. The provisions of chapter 7.04 A RCW shall be applicable to any arbitration proceeding. The COUNTY and the CITY shall have the right to designate one person each to act as an arbitrator. The two selected arbitrators shall then jointly select a third arbitrator. The decision of the arbitration panel shall be binding on the PARTIES and shall be subject to judicial review as provided for in chapter 7.04 RCW. The costs of the arbitration panel shall be equally split between the PARTIES. SECTION N0. 18: VENUE STIPULATION This Agreement has been and shall be construed as having been made and delivered within the State of Washington and it is mutually understood and agreed by each party that this Agreement shall be governed by the laws of the State of Washington both as to interpretation and performance. Any action at law, suit in equity or judicial proceeding for the enforcement of this Agreement, or any provision hereto, shall be instituted only in courts of competent jurisdiction within Spokane County,Washington. SECTION N0. 19: SEVERABILITY The PARTIES agree that if any parts, terms or provisions of this Agreement are held by the courts to be illegal, the validity of the remaining portions or provisions shall not be affected and the rights and obligations of the PARTIES shall not be affected in regard to the remainder of the Agreement. If it should appear that any part, term or provision of this Agreement is in conflict with any statutory provision of the State of Washington, then the part, term or provision thereof that may be in conflict shall be deemed inoperative and null and void insofar as it may be in conflict therewith and this Agreement shall be deemed to modify to conform to such statutory provision. SECTION NO.20: RECORDS All public records prepared, owned, used or retained by the COLTNTY in conjunction with providing Services under the terms of this Agreement shall be deemed CITY property and shall be made available to the CITY upon request by the CITY subject to the attorney client and attorney work product privileges set forth in statute, court rule or case law. The COUNTY will notify the CITY of any public disclosure request under chapter 42.56 RCW for copies or viewing of such records as well as the COUNTY'S response thereto. SECTION NO.21: HEADING The section headings appearing in this Agreement have been inserted solely for the purpose of convenience and ready reference. In no way do they purport to, and shall not be deemed to define, limit or extend the scope or intent of the sections to which they pertain. SECTION NO.22: TIME OF ESSENCE OF AGREEMENT Time is of the essence of this Agreement and in case either party fails to perform the obligations on its part to be performed at the time fixed for the performance of the respective obligation by the terms of this Agreement, the other party may, at its election, hold the other party liable for all costs and damages caused by such delay. Page 6 of 12 DRAFT SECTION NO.23: UNCONTROLLABLE CIRCUMSTANCES/IMPOSSIBILITY A delay or interruption in or failure of performance of all or any part of this Agreement resulting from Uncontrollable Circumstances shall be deemed not a default under this Agreement. A delay or interruption in or failure of performance of all or any part of this Agreement resulting from any change in or new law, order, rule or regulation of any nature which renders providing of Services in accordance with the terms of this Agreement legally impossible, and any other circumstances beyond the control of the COUNTY which render legally impossible the performance by the COLTNTY of its obligations under this Agreement, shall be deemed not a default under this Agreement. SECTION NO.24: FILING The CITY shall file this Agreement with its City Clerk The COUNTY shall file this Agreement with the County Auditor, or, alternatively, place the Agreement on the COUNTY's web site or other electronically retrievable public source. SECTION NO.25: EXECUTION AND APPROVAL The PARTIES warrant that the of�cers executing below have been duly authorized to act for and on behalf of the party for purposes of confirming this Agreement. SECTION NO.26: COMPLIANCE WITH LAWS The PARTIES shall observe all federal, state and local laws, ordinances and regulations, to the extent that they may be applicable to the terms of this Agreement. SECTION NO.27: DISCLAIMER Except as otherwise provided, this Agreement shall not be construed in any manner that would limit either party's authority or powers under law. SECTION NO.28: ANTI-HICKBACK No officer or employee of the CITY,having the power or duty to perform an official act or action related to this Agreement shall have or acquire any interest in the Agreement, or have solicited, accepted or granted a present or future gift, favor, service or other thing of value from or to any person involved in the Agreement. SECTION NO.29: NON-DISCRIMINATION No individual shall be excluded from participation in, denied the bene�t of, subjected to discrimination under, or denied employment in the administration of or in connection with this Agreement because of age, sex, race, color, religion, creed, marital status, familial status, sexual orientation, national origin, honorably discharged veteran or military status, the presence of any sensory, mental or physical disability, or use of a service animal by a person with disabilities. SECTION NO.30: NO THIRD PARTY BENEFICIARIES Nothing in this Agreement is intended to give, or shall give, whether directly or indirectly, any benefit or right, greater than that enj oyed by the general public, to third persons. Page 7 of 12 DRAFT SECTION NO.31: RCW 39.34 REQUIRED CLAUSES A. PURPOSE: See Section No. 3 above. B. DURATION: See Section No. 4 above. C. ORGANIZATION OF SEPARATE ENTITY AND ITS POWERS: No new or separate legal or administrative entity is created to administer the provisions of this Agreement. D. RESPONSIBILITIES OF THE PARTIES: See provisions above. E. AGREEMENT TO BE FILED: See Section No.24. F. FINANCING: Each party shall be responsible for the �nancing of its contractual obligations under its normal budgetary process. G. TERMINATION: See Section No. 4 above. H. PROPERTI'UPON TERMINATION: See Section No. 15 above. IN WITNESS WHEREOF, the PARTIES have caused this Agreement to be executed on date and year opposite their respective signatures. DATED: BOARD OF COUNTY COMMISSIONERS OF SPOKANE COUNTY, WASHINGTON TODD MIELKE, Chairperson ATTEST Clerk of the Board MARK RICHARD,Vice-Chairman Daniela Erickson AL FRENCH, Commissioner DATED: CITY OF SPOKANE VALLEY: By: Attest: Title: City Clerk Approved as to form: Assistant City Attorney Page 8 of 12 DRAFT ATTACHMENT"1" COUNTY through the Spokane County Regional Animal Protection Services (SCRAPS) will provide Animal Control Services to CITY within the CITY's boundaries. The CITY agrees to specially commission any SCRAPS staff which may be necessary for them to carry out such Services so long as such staff meet the requirement(s)necessary for such commission. For the purpose of this Agreement,Animal Control Services shall include: ITEM 1: Enforcement of CITY'S Animal Control Ordinance presently in effect and/or as hereafter amended by the City consistent with this Agreement ITEM 2: Enforcement of chapter 16.08 RCW(Dogs); ITEM 3: Enforcement of chapter 16.52 RCW(Prevention of Cruelty to Animals); and ITEM 4: Enforcement of chapter 16.54 RCW(Abandoned Animals). Enforcement includes field services, shelter services, educational services, the licensing of dogs, cats and appearing before all administrative and judicial hearings in conjunction with such duties and functions. FIELD SERVICES Field Services include those provided during normal hours of operation as well as emergency services provided only after normal hours of operation. Normal hours of operation will be determined by the COUNTY after consultation with the CITY and any other partners. Field Services provided during normal hours of operation include: (1) Dog at large complaints; (2) Cat at large on private property; (3) Dog barking; (4) Dog or cat — no license; (5) Dog or cat — no rabies vaccination; (6) Dog threatens person; (7) Dog threatens domestic animal; (8) Dog or cat bite; (9) Injured dog or cat (10) Sick dog or cat (11)Agency assist (12)Abandoned animal; (13)Animal cruelty; (14)Dead on arrival dog or cat (15) Confined dog or cat (16) Trapping dog or cat (17) Vicious dog; (18) Kennel inspections; (19)Dangerous dog inspections; and(20) Others as deemed necessary by the SCRAPS. Field Services provided after normal hours of operation, referred to as Emergency Services, include: (1) Injured or sick dog/cat (2) Dog/cat bite—dog/cat is still at large; (3) Dog bite—severe dog bite (victim is in hospital and dog will need to be quarantined immediately in the counry shelter); (4) Vicious or threatening dog— dog threatens persons or domestic animals and is still at large; (5) Animal in our humane trap that is making a disturbance or injuring itself; (6) Other law enforcement agency requests for assistance when animals are involved; (7) Other emergencies such as extreme cruelty or pet dying in a hot vehicle; and (8) Multiple calls on same problem—animal control officer on call will evaluate and make a determination on whether to respond. SHELTER SERVICES Shelter Services are provided Monday, Tuesday, Thursday and Friday, from 10:00 A.M. to 5:30 P.M., Wednesday from Noon to 4:30 P.M., and Saturday from Noon to 4:30 P.M., closed, Sunday and holidays, and include the following: (1)Housing dog/cat—occasional other animal; (2)Pet license program; (3)After hours animal receiving room; (4) Animal redemptions; (5) Adoption program; (6) Volunteer program; (7) Dog training program; (8) Trapping program; and(9) Crematorium. Page 9 of 12 DRAFT EDUCATIONAL SERVICES Educational services include: (1) Dog bite prevention program —elementary schools and service workers; (2) School career fair participation; (3) Specialty presentations available upon request (4) Public service announcements — newspaper, radio and television; (5) Community outreach such as fair booth, license clinics, special events; and(6)Website. The COLTNTY may conduct surveys within CITY for unlicensed dogs and cats. ANIMAL CONTROL ORDINANCE/LICENSES/FEES/PENALTIES In conjunction with the enforcement of the CITY'S Animal Control Ordinance, CITY shall adopt and keep current by appropriate legislative action an Animal Control Ordinance substantially identical to that adopted by COUNTY as it presently e�st or as it may hereinafter be modified/amended, to include all licenses/fees/penalties. This responsibility shall not be deemed a restriction upon the CITY's legislative power. The City of Spokane may enact ordinances dealing with animal control within its boundaries. Provided, further,the CITY may add a surcharge to its license fee ("City License Fee Surcharge".) All revenues from licenses/fees/penalties collected (not including City License Fee Surcharge) shall be retained by SCRAPS and applied to the cost of providing Services. Any such Ciry License Fee Surcharge shall not be retained by SCRAPS. The COUNTY shall remit to the CITY all such City License Fee Surcharges collected under the terms of this Agreement semiannually on or before or before July 31s`for the time frame from January ls` through June 30`'' of each calendar year this Agreement is in effect and January 31s`for the time frame from July ls`through December 31s`of each year this Agreement is in effect. COUNTY shall provide CITY with a copy of its Animal Control Ordinance presently codified in Chapter 5.04 of the Spokane County Code and all subsequent modifications/amendments thereto. CITY shall provide COUNTY with copies of its adopted/amended Animal Control Ordinance substantially identical to chapter 5.04 of the Spokane County Code. CITY shall provide legal counsel to prosecute any citations/complaints issued by COUNTY in enforcement of Items No. 1 through 4 herein above in any court of lawful jurisdiction except if the enforcement constitutes a felony. In performing the above Animal Control Services, COUNTY will provide such personnel, as it deems necessary as well as any and all vehicles and materials of any kind or nature whatsoever. COLTNTY will provide additional Animal Control Services above and beyond those set forth herein to CITY at cost negotiated between CITY and COUNTY. Animal Control Services provided by the COUNTY under the terms of this Agreement, absent subsequent negotiation and agreement will not include: 1. Picking up dead wildlife or livestock on CITY streets, roads or alleys. 2. Providing emergency service for dead animals at any time or for dead dogs/cats after normal hours of operation. 3. Providing traps to the public for wildlife. 4. Responding to calls pertaining to dead or injured wildlife threatening the safety of other animals or the public. Page 10 of 12 DRAFT 5. Developing or implementing a canvassing program in the CITY to encourage owners to license their animals and to increase the number of licensed cats/dogs. 6. Holding licensed dogs/cats in the Animal Control Facility for a period of more than five (5) business days. Provided, at sole discretion of COUNTY, holding periods may be extended. 7. Holding unlicensed dogs/cats in the Animal Control Facility for a period more than seventy-two (72) hours. Provided, at sole discretion of COUNTY, holding periods may be extended. 8. Holding any wildlife at the Animal Control Facility. 9. Providing Hearing Examiner Services. Page 11 of 12 DRAFT ATTACHMENT"2" Copy of U. 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N 4V N N eV N N fV R N N, r r r r° r r ry N {V N N N N 6y N N C11 N N CITY OF SPOKANE VALLEY REQUEST FOR PROPOSALS ANIMAL CONTROL SERVICES Proposal Due Date: July 20, 2012. The City of Spokane Valley invites proposals for contracted animal control services. Proposals are due to the City Clerk's Office by 4:00 p.m. July 20, 2012, except faxed proposals, which should be submitted by 1:00 p.m. July 20, 2012 to ensure proper receipt and documentation. The City seeks services encompassing animal control including licensure of pets, enforcement of the animal regulations portion of the Spokane Valley Municipal Code, and the care and placement of impounded animals. A more detailed statement of the services expected is provided in the Scope of Work, below at page 2. Back�round information. The City of Spokane Valley is a non-charter code city organized under RCW 35A, and has a Council-Manager form of government. The City Council consists of seven members elected at-large. The Mayor is elected by his/her fellow Councilmembers, and serves as the Chair of the Council. The City Manager directs all City operations. The City Manager seeks at all times to develop and implement a"best practices" approach in operating the City government and to achieve a balanced, efficient, economical, and quality service delivery. The City of Spokane Valley incorporated March 31, 2003, is currently the tenth largest city in Washington, and encompasses approximately 38.5 square miles. Its current population is approximately 90,000. The City is part of the larger Spokane metropolitan area of approximately 450,000 residents. The City generally considers itself to be a "contract" city, with many core services provided by contract with private or other public entities. Animal Control services are currently provided by Spokane County and have been since the Ciry's inception. Historical animal control workload indicators are as follows. Spokane Valley 2005 2006 2007 2008 2009 2010 2011 Request for Service 4,578 4,514 4,433 3,941 3,941 3,637 3,741 Impounds 3,822 3,685 3,601 3,328 3,328 3,529 2,996 Investigations 357 349 345 260 260 323 314 Emergency Calls 108 91 90 79 79 92 91 Trapping 198 159 175 129 129 67 62 Communications. All communications related to responding to this Request for Proposals are to be directed to Morgan Koudelka, Senior Administrative Analyst, Ciry of Spokane Valley, 509- 720-5104. RFP for Animal Control Services, Spokane Valley, WA - 1 - Scone of Work. l. Enforcement of the Spokane Valley Municipal Code 730, relating to animal control. 2. Enforcement of the Revised Code of Washington Chapters 16.08, 16.52, and 16.54. 3. Enforcement includes field services, shelter services, educational services, pet licensing, and appearing at all administrative and judicial hearings in conjunction with performing the duties provided. 4. Field services during normal business hours include responding to the following calls: a. Domestic animal at large b. Barking dog c. Unlicensed dog or cat d. Dog or cat with no rabies vaccination e. Dog threatens person ` £ Dog threatens domestic animal � � g. Dog or cat bite h. Injured or sick domestic animal (can refer to clinics) i. Assist law enforcement agencies upon request j. Abandoned animal k Animal cruelty =� 1. Dead on arrival dog or cat m. Confined dog or cat � n. Trapping dog or cat o. Dangerous or potentially dangerous dog p. Kennel inspections q. Dangerous dog inspections r. Inherently dangerous mammal or reptile inspections 5. Emergency field services include: a. Sick or injured dog or cat b. Dog or cat bite with animal still at large c. Severe dog bite — dog needs to be immediately quarantined. d. Dangerous or potentially dangerous dog e. Animal in trap that is making a disturbance or injuring itself. £ Request for assistance by law enforcement agency g. Extreme cruelty, animal in hot car, etc. h. Exotic dangerous pet at large i. Multiple calls on same problem—discretion of animal control officer 6. Shelter services provided will include: a. Housing of dogs, cats, and occasional other domestic animals. b. Pet licensing program c. Animal redemptions d. Adoption program e. Volunteer program £ Dog training program g. Trapping program h. Crematorium services RFP for Animal Control Services, Spokane Valley, WA - 2 - 7. Educational services will include: a. Dog bite prevention program b. Specialty presentations available upon request c. Public service announcements d. Community outreach—fair booth, license clinics, special events, etc. e. Website 8. Communication requirements will include a. Quarterly reports provided to the City with calls for service, number of impounds, number of adoptions, number of licenses issued and renewed, total number of active licenses, number of emergency responses, and other information as mutually agreed upon. The reports will list the information by month. b. Quarterly meetings with City staff c. Notification to City of criminal cases such as animal cruelty or dog attack. 9. Customer service requirements will include: a. Regular hours that allow customers with different schedules to visit the facility. b. Phone receiving system that can accommodate high call volume and ensure that a message can be left if a person is not available to receive the call. Phone messages will be retrieved within 10 minutes. Emergency callers will be contacted immediately upon receipt of the message. Non-emergency calls will be returned the same business day. After hour emergency calls will be routed to an on-call employee or answering service. After-hour non-emergency calls may be returned the next business day but not longer than 24 hours from the time the call was received. c. Acceptance of all animals, stray or owner-surrender. d. Citizens shall be treated respectfully and courteously at all times. e. Impounded animals will be immediately scanned for a microchip and checked for a license number. The owner shall be contacted immediately. If contact cannot be established through phone or in person, a written notice must be sent to the owner's listed address two days prior to a hold being removed. Records of attempts to contact the owner shall be kept. Impounded animals will be posted on the website and/or any social media outlets utilized within one business day of receipt of the animal. £ All records created in conjunction with providing the service to the City of Spokane Valley will be maintained according to the Local Government General Records Retention Schedule for animal services as specified by the Washington Secretary of State. g. All complaints received by the City regarding animal control services will be forwarded to the service provider. The Director, acting director, or designee, will contact the complainant within one business day and attempt to resolve the problem. The City will be notified or copied on any correspondence that takes place. A final decision shall be issued by the Director within one week from the receipt date of the complaint. Contract Term. The Ciry anticipates a 10 year contract. RFP for Animal Control Services, Spokane Valley, WA - 3 - Contract. Acceptance of the proposal is contingent upon the successful agreement and execution of a contract. Schedule. The Ciry provides the following anticipated schedule for completion of this process. This anticipated schedule is for information purposes only and may be adjusted as needed by the City. RFP release date: July 6, 2012 RFP submission date: July 20, 2012 Interview completion: January 21, 2011 City decision by: July 31, 2012 Anticipated start date: January l, 2013 How To Respond Please provide five copies of a written response, responding to each inquiry in the order presented below. l. Business/A�encv historv: Include as Attachment A � - Complete the business history form. � 2. Financial review: Include as Attachment B - Provide a copy of the agency's comprehensive annual financial report for the most recent three years. -Provide the year-end financial statements for the most recently completed year. - List the agency's outstanding debts greater than $5,000. 3. Em�lovee ex�erience and qualifications: Include as Attachment C - List the qualifications and experience of the management and supervisory staff. - List the minimum qualifications for animal control officers and the pay scale. - List the dress code,professional standards, required training, certification or designation, and background check performed on animal control officers. 4. Service level c�uestionnaire: Include as Attachment D -Provide responses to all questions contained in Attachment D. 5. Proposed fee: Include as Attachment E - Propose annual cost. The City is looking for cost control and stability that reflects the revenue restrictions placed on local governments and the accompanying budget constraints due to economic conditions. Within this proposal, address incentives for maximizing grants, donations, and fee revenue and how this will be used to benefit the City as well as the service provider. 6. References: Include as Attachment F -Provide three letters of recommendation. Provide three recent letters of recommendation from individuals or businesses that have interacted with your agency. RFP for Animal Control Services, Spokane Valley, WA - 4 - Evaluation and Selection Evaluation process —The City reserves the right to award the contract to that proposal which best meets the needs and interests of the City. The following steps are anticipated: Step 1. Receipt and review of qualifications and written proposals. Step 2. Initial reference and information check. Step 3. City follow-up with respondents and possible interview. Step 4. Selection of service provider. � Step 5. Negotiation of contract. � � Step 6. Contract presented to Council. Evaluation of the written �ro�osal — Written proposals will be evaluated by the Ciry as set forth immediately below. 1. Level of service provided currently and past performance. 2. Programs utilized to house and adopt out animals and return animals to the owners. 3. Ability to enforce the animal regulations in the Ciry's municipal code 4. Financial stability 5. Professionalism 6. Cost �`�� The City reserves the right to utilize new or revised evaluation criteria. Interviews — The City reserves the right to have respondents attend a staff interview, public meeting, or public hearing. Contract negotiations — The Ciry of Spokane Valley reserves the right to negotiate all elements which comprise the apparent successful proposal. City representatives and the selected finalist will review in detail all aspects of the requirements and the proposal. During the review of the apparent successful proposal, the contractor may offer, and the City may accept revisions to the proposal, although such suggestions are not favored. Rejection of�ro�osals — The Ciry reserves the right to reject any or all proposals, portions or parts thereof. The City may reject any proposal which is incomplete or not responsive. The City reserves the right to retain the current service provider. RFP for Animal Control Services, Spokane Valley, WA - 5 - Attachment A BUSINESS/AGENCY STATEMENT Please complete and submit with you�p�oposal response. 1. Name of business/agency: 2. Business/agency address: 3. Phone: Business fax: e-mail: 4. Business/agency classification (check all that apply): Individual Partnership Corporation Non-profit 5. Federal tax number(UBI number): 6. Name of owner/chairman: 7. Does the business/agency maintain insurance in amounts specified by the City contract: Yes: No: (Commercial General liability insurance of at least $1,000,000 per occurrence; $2,000,000 aggregate, Combined Single Limit(CSL);Automobile liability of at least $1,000,000 per accident CSL; Professional Liability of at least$1,000,000 per claim and $1,000,000 policy aggregate limit. Worker's compensation coverage as required by the Industrial Insurance laws of the State of Washington.. If no, describe the differences: 8. Are there claims pending against this insurance policy? Yes: No: If yes,please explain the nature of the claims: 9. How long has the business/agency been in existence and provided animal control services. 10. Is the business/agency licensed by the Ciry to do business in Spokane Valley? Yes: No: 13. Proposal offers shall be good and valid until the City completes the award or rejects the proposals. Failure to concur with this condition may result in rejection of the offer. Does the business/agency accept this condition? Yes: No: RFP for Animal Control Services, Spokane Valley, WA - 6 - I certify that to the best of my knowledge, the information contained in this p�oposal is accurate nnd complete, and thc�t I hnve the legal authority to commit this Business/Agency to c� contractual agreement. SIGNATURE: Date: PRINT NAME AND TITLE OF SIGNER: RFP for Animal Control Services, Spokane Valley, WA - 7 - Attachment B FINANCIAL REVIEW l. Provide a copy of the business/agency comprehensive annual financial report for the three most recently completed years. 2. Provide the financial statements for the most recently completed year. 3. Provide a list of outstanding debts. RFP for Animal Control Services, Spokane Valley, WA - 8 - Attachment C EMPLOYEE EXPERIENCE AND QUALIFICTIONS 1. List each paid position and the number of employees in each position. 2. Animal Control Officers: a. List the training required of the animal control officers, both initial and ongoing. b. List the starting pay for animal control officers. c. Do your officers hold any special certifications, designations, or commissions? d. Do your officers have the ability to investigate animal neglect, cruelry, and nuisance cases and issue citations; if so, how many cases do they handle and what is the number of convictions? e. Do your officers have the ability to write and execute (with a judge's approval) search warrants? £ What are the minimum requirements for your animal control officers in order to be hired? g. What types of evaluations or background checks are performed on animal control officers? h. What is the dress code for your officers and is there a code of conduct or professional standards? 3. List the experience and qualifications of your supervisory personnel. 4. How many active volunteers do you have and how do you recruit volunteers? �.. RFP for Animal Control Services, Spokane Valley, WA - 9 - Attachment D SERVICE LEVEL QUESTIONNAIRE 1. What hours and days are you open to the public? How are after hour calls handled. How are after hours emergency calls handled. Do you have on-call personnel? What system is in place to handle high call volumes during business hours? 2. Describe your facility, including square footage, number and type of kennels, heating and cooling system along with climate control standards, treatment facilities, cleaning resources including floor drains, folding beds, water capacity, etc., and cremation equipment. Describe any facilities maintenance plan you have in place as well as long term building replacement/renovation plans. 3. Provide your historical live release rate for five years. What are the most difficult challenges in adopting animals? How do you plan to reduce impound numbers and increase live release rates? 4. Describe all the programs you utilize to supplement animal housing and increase adoption of animals. What are your adoption fees and do they vary by breed? What do the fees include? 5. Describe temperament testing and evaluation done on newly received animals. Describe the training and/or certification received by individuals performing the testing. Which employees or volunteers perform the testing? 6. Are all animals from the jurisdiction you serve taken in or are some rejected? Are some breeds rejected? Have you reached full capacity of dogs or cats in the last two years? What is your contingency plan should you reach full capacity? How do you ensure owner surrenders can always be accommodated? 7. How many runs/kennels do you have? Explain how you can accommodate the animals from Spokane Valley illustrating the use of formulas if applicable? Address unique challenges due to seasonal fluctuations and animal hoarding cases? 8. Do you handle cases involving farm animals such as cows, horses, and goats and what resources do you use? 9. Describe your programs to control the animal population. 10. What is your current estimated license compliance rate? What resources do you utilize to increase compliance? How is your license database maintained? Describe how a pet's license information would be accessed, both during business hours and after hours. 11. Describe additional services/programs not already addressed 12. Describe your policies regarding injured animals. How and when are they treated? Are your policies based upon state or local law? 13. What is your current estimated license compliance rate for the jurisdictions you serve? List the various ways a pet owner may license his or her pet. Show the number of licenses issued and the license revenue collected for each of the five most recently completed years (identify any changes to the number of jurisdictions served). What resources do you use to alert people to the requirement to license their pets? 14. Provide examples of assistance you provide to low-income residents. RFP for Animal Control Services, Spokane Valley, WA - 10 - 15. Describe partnerships you have formed with other businesses that have benefitted your operation. 16. Describe the process for recording the received date for animals and verifying that the number of hold days has been met before action is taken. 17. Describe your procedure for handling complaints. 18. Do you handle dead animal pick up, wild and/or large dead animal pick-up such as deer, live wild animals, and unintentionally trapped wild animals; if so, are these services include or optional? 19. Explain how you can provide assurance that the service level standards will be met and the term of the contract will be met. Do you suggest a performance bond, payment reduction as liquidated damages, or other measures? � RFP for Animal Control Services, Spokane Valley, WA - 11 - Attachment E PROPOSED FEE STRUCTURE Fee for 2013 $ Revenue Offset($ ) Net Cost 2013 $ Start-up Costs $ � Transition Costs $ Optional Services $ 1. How do you propose to control costs throughout a ten-year term and when do you expect adjustments to be made? 2. Are capital and equipment costs included in the price and do you expect any additional capital costs during the ten-year term? 3. How do revenue, grants, and donations affect the price and how will greater success in those areas affect the price of future years? 4. If the cost provided is based upon efficiencies achieved through the participation of other jurisdictions, provide a second proposed price based upon Spokane Valley being the only jurisdiction. 5. If start-up costs and transition costs are included, clarify if those costs would be assessed upfront or amortized over time. RFP for Animal Control Services, Spokane Valley, WA - 12 - Attachment F REFERENCES Provide three letters of recommendation or references from individuals or businesses that have interacted with you business/agency. RFP for Animal Control Services, Spokane Valley, WA - 13 - DRAFT ADVANCE AGENDA For Planning Discussion Purposes Only as of June 20, 2012; 11:30 a.m. Please note this is a work in progress; items are tentative To: Council & Staff From: City Clerk, by direction of City Manager Re: Draft Schedule for Upcoming Council Meetings Julv 3,2012, Studv Session Format, 6:00 p.m. [due Mon,June 25] 1. Action Item: Mayoral Appointment of Planning Commissioner—Mayor Towey (10 minutes) Non-Action Items: 2. Emergency Management Interlocal Agreement(DEM)Update—Cary Driskell (10 minutes) 3. Admin Report: City Hall—Mark Calhoun (30 minutes) 4. Admin Report: City's Ten Year Anniversary—Carolbelle Branch (15 minutes) 5. Advance Agenda (5 minutes) [*estimated meeting: 70 minutes] Julv 10,2012,Formal Meetin�Format,6:00 n.m. [due Mon,July 2] 1. Consent Agenda(claims,payroll, minutes) 2. Second Reading Proposed Ordinance 12-017, Coeur d'Alene Tribe Franchise—C. Driskell (10 minutes) 3. Second Reading Proposed Ordinance 12-018, CPA OS-12—Mike Basinger (30 minutes) 4. Second Reading Proposed Ordinance 12-019, CPA Zoning Map—Mike Basinger (5 minutes) 5. Motion Consideration: SRTC Call for Projects—Steve Worley (10 minutes) 6. Admin Report: Street Standards—John Hohman, Gabe Gallinger (20 minutes) 7. Admin Report: Street Illumination—John Hohman, Gabe Gallinger (15 minutes) 8. Admin Report: Advance Agenda (5 minutes) [*estimated meeting: 95 minutes] July 17,2012, Studv Session Format, 6:00 p.m. [due Mon,July 9] 1. Shoreline Master Program (SMP) Goals and Policies —Lori Barlow (30 minutes) 2. Graffiti Policy —Cary Driskell (20 minutes) 3. Code Enforcement—John Hohman, Cary Driskell (30 minutes) 4. Interstate Signage—Cary Driskell (20 minutes) 5. TIB Call for projects — Steve Worley (20 minutes) 6. Advance Agenda (5 minutes) [*estimated meeting: 125 minutes] Julv 24,2012,Formal Meeting Format,6:00 n.m. [due Mon,July 16] 1. Consent Agenda(claims,payroll,minutes) (5 minutes) 2. Motion Consideration: TIB Call for Projects—Steve Worley (10 minutes) 3. Admin Report: Shoreline Master Program (SMP) Goals and Policies—Lori Barlow (30 minutes) 4. Admin Report: Advance Agenda (5 minutes) 5. Info Only: Department Reports [*estimated meeting: 50 minutes] Julv 31,2012, Studv Session Format, 6:00 n.m. [due Mon,July 23] 1. Advance Agenda (5 minutes) Au�ust 7,2012, Studv Session Format (CONFIRMED no meeting—National Night Out) Draft Advance Agenda 6/21/2012 3:05:49 PM Page 1 of 3 Au�ust 14,2012,Formal Meeting Format, 6:00 p.m. [due Mon,Aug 6] 1. Consent Agenda(claims,payroll,minutes) (5 minutes) 2.Proposed Resolution: Shoreline Master Program (SMP) Goals and Policies—Lori Barlow (20 minutes) 3. Admin Report: 2013 Budget-Estimated Revenues &Expenditures (20 minutes) 4. Admin Report: Advance Agenda (5 minutes) [*estimated meeting: 50 minutes] Au�ust 21,2012, Studv Session Format, 6:00 p.m. [due Mon, Aug 13]] 1. Donation Policy—Mike Stone (25 minutes) 2. Advance Agenda (5 minutes) [*estimated meeting: 30 minutes] Au�ust 28,2012,Formal Meeting Format, 6:00 p.m. [due Mon,Aug 20] 1. PUBLIC HEARING: 2013 Budget(estimated revenues & expenditures) (10 minutes) 2. Consent Agenda(claims,payroll,minutes) (5 minutes) 3. Admin Report: Proposed 2013 Budget Ordinances—Mark Calhoun (20 minutes) 4. Admin Report: Advance Agenda (5 minutes) 5. Info Only: Department Reports [*estimated meeting: 40 minutes] Sentember 4,2012, Studv Session Format, 6:00 n.m. [due Mon, Aug 27] 1. Outside Agencies: Presentations from Economic Development Orgs—Mark Calhoun (�30 min) 2. Sprague Appleway Corridor Environmental Assessment—Public Works (30 minutes) 3. Advance Agenda (5 minutes) [*estimated meeting: 60 minutes] Sentember 11,2012,Formal Meeting Format, 6:00 n.m. [due Tues,Sept 4] 1. Consent Agenda(claims,payroll,minutes) 2. Admin Report: Presentation of City Manager's Preliminary 2013 budget—Mike Jackson (15 minutes) 3. Admin Report: Outside Agencies: Presentations from Social Service Agencies—M.Calhoun(�60 min) 4. Admin Report: Advance Agenda (5 minutes) [*estimated meeting: 65 minutes] September 18,2012, Studv Session Format, 6:00 p.m. [due Mon, Sept 10] 1. Advance Agenda (5 minutes) September 25,2012,Formal Meetin�Format, 6:00 p.m. [due Tues,Sept 17] 1.PUBLIC HEARING: Proposed 2013 Budget—Mark Calhoun (20 minutes) 2. Consent Agenda(claims,payroll,minutes) (5 minutes) 3. Motion Consideration: Allocation of Funds to Outside Agencies—Mark Calhoun (20 minutes) 4. Admin Report: Advance Agenda (5 minutes) 5. Info Only: Department Reports [*estimated meeting: 50 minutes] October 2,2012,Studv Session Format, 6:00 p.m. [due Mon, Sept 24] 1. Advance Agenda (5 minutes) Draft Advance Agenda 6/21/2012 3:05:49 PM Page 2 of 3 October 9,2012,Formal Meetin�Format, 6:00 n.m. [due Tues,Oct 1]] 1. PUBLIC HEARING: Proposed 2013 Budget—Mark Calhoun (20 minutes) 2. Consent Agenda(claims,payroll,minutes) (5 minutes) 3. First Reading Proposed Ordinance for Property Tax—Mark Calhoun (15 minutes) 4.First Reading Proposed Ordinance Adopting 2013 Budget—Mark Calhoun (15 minutes) 5. Motion Consideration: Allocation of Funds to Outside Agencies—Mark Calhoun (20 minutes) 6. Admin Report: Advance Agenda (5 minutes) 7. Info Only: Department Reports [*estimated meeting: 80 minutes] October 16, 2012, Studv Session Format, 6:00 n.m. [due Mon, Oct 8] 1. Advance Agenda (5 minutes) October 23,2012,Formal Meetin�Format, 6:00 n.m. ' [due Tues,Oct 15]] 1. Consent Agenda(claims,payroll,minutes) (5 minutes) 2. Second Reading Ordinance Proposed Property Tax—Mark Calhoun (10 minutes) 3. Second Reading Ordinance Adopting 2013 Budget—Mark Calhoun (15 minutes) 4. Admin Report: Advance Agenda (5 minutes) [*estimated meeting: 35 minutes] October 30, 2012, Studv Session Format, 6:00 n.m. [due Mon, Oct 22] 1. Advance Agenda (5 minutes) 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 Emergency Management Interlocal Greenacres Trail Grant Investment Accounts Lodging Tax Funding Manufactured Homes Pedestrian/Bicycle Grant Program Planning Commission Rules of Procedure Prosecution Services Revenue Policy, Cost Recovery Speed Limits (overall system) Spokane Valley Municipal Code 825.025(F) Stormwater Projects *time for public or council comments not included Draft Advance Agenda 6/21/2012 3:05:49 PM Page 3 of 3 CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: June 26, 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: Draft "Interlocal Agreement for Emergency Management" with Spokane County and other municipalities in Spokane County GOVERNING LEGISLATION: RCW 39.34 PREVIOUS COUNCIL ACTION TAKEN: Adoption of prior agreement in 2005; administrative report on emergency management by Tom Mattern May 1, 2012. BACKGROUND: The City has been a party to the regional interlocal agreement for provision of emergency management services since 2003. The agreement is reviewed from time-to-time for appropriate revisions by the Emergency Management Advisory Council (EMAC). The EMAC recommended various changes to the interlocal agreement. A copy of the proposed Interlocal Agreement for Emergency Management is attached. This draft has a number of revisions from the existing agreement. Tom Mattern, the Deputy Director of Emergency Management Services provided a PowerPoint to the Council on May 1, 2012 giving an overview of what the Department does. During that presentation, Council asked whether the Department could be renamed from the "Spokane City/County Department of Emergency Management" to the "Spokane Regional Department of Emergency Management" in the interest of accurately identifying the breadth of agencies partnering in the agreement. The proposed draft from the Department instead proposes to change the name to the "Greater Spokane Department of Emergency Management" but to shorten that in actually referring to the Department, which would be publicly known and referred to as the "Spokane Department of Emergency Management." OPTIONS: NA for purposes of this information only item. RECOMMENDED ACTION OR MOTION: None at this time. This matter will be placed on the July 3, 2012 agenda for an administrative report. BUDGET/FINANCIAL IMPACTS: None additional STAFF CONTACT: Cary Driskell, City Attorney; Mike Jackson, City Manager ATTACHMENTS: Proposed draft Interlocal Agreement for Emergency Management Return to: Daniela Erickson,Clerk of the Board Board of Countv Commissioners 1116 W.Broadway Spokane,Washington 99260 INTERLOCAL AGREEMENT FOR EMERGENCY MANAGEMENT THIS INTERLOCAL COOPERATION AGREEMENT is made by and among the City of Spokane, a Washington State municipal corporation,having offices for the transaction of business at 808 West Spokane Falls Boulevard, Spokane, Washington 99201, hereinafter referred to as the"CITY,"the City of Spokane Valley,a municipal cotporation of the State of � Washington, having offices for the transaction of business at *i,° �°a�T,^^a �'^°^ 11707 East Sprague Avenue, Suite 106, Spokane Valley, Washington 99206, hereinafter referred to as "SPOKANE VALLEY," City of Medical Lake, a municipal corporation of the State of Washington, having offices for the transaction of business at 124 S. Lefevre, P.O. Box 369, Medical Lake, Washington 99022,hereinafter referred to as"MEDICAL LAKE,"the Town of Millwood,a municipal corporation of the State of Washington,having offices for the transaction of business at 9103 East Frederick, Millwood, Washington 99206, hereinafter referred to "MILLWOOD," the Town of Fairfield, a municipal cotporation of the State of Washington, having offices for the transaction of business at Town Hall,P.O.Box 334,Fairfield,Washington 99012,hereinafter referred to as"FAIRFIELD,"the Town of Latah a municipal corporation of the State of Washington,having offices for the transaction of business at P.O. Box 130, Latah, Washington 99018,hereinafter referred to as"LATAH,"the City of Liberty Lake,a municipal cotporation of the State of Washington,having offices for the transaction of business at City Hall,22710 East Country Vista Drive,Liberiy Lake, Washington 99019,hereinafter referred to as "LIBERTY LAKE," the Town of Rockford, a municipal corporation of the State of Washington,having offices for the transaction of business at Town Hall, 20 West Emma, P.O. Box 49, Rockford, Washington 99030, hereinafter referred to as "ROCKFORD," the Town of Spangle,a municipal cotporation of the State of Washington,having offices for the transaction of business at P.O. Box 147, Spangle, Washington 99031, hereinafter referred to as "SPANGLE,"the City of Cheney, a municipal corporation of the State of Washington,having offices for the transaction of business at General Office, 609 Second, Cheney, Washington 99004, hereinafter referred to as "CHENEY," the City of Airway Heights, a municipal corporation of the State of Washington, having offices for the transaction of business at Ciry Hall, 1208 South Lundstrom, P.O. Box 969, Airway Heights, Washington 99001, hereinafter referred to as "AIRWAY HEIGHTS," the City of Deer Park, a municipal corporation of the Page 1 of 14 State of Washington,having offices for the transaction of business at Ciry Hall, 316 Crawford, Box F,Deer Park, Washington 99006, hereinafter referred to as `�EER PARK,"the Town of Waverly,a municipal corporation of the State of Washington,having offices for the transaction of business at 255 North Commercial, P.O. Box 37, Waverly, Washington 99039, hereinafter referred to as "WAVERLY," and Spokane County, a political subdivision of the State of Washington, having offices for the transaction of business at 1116 West Broadway Avenue, Spokane, Washington 99260, hereinafter referred to as the "COLJNTY," jointly hereinafter � referred to as the"PARTIES=or individually referred to as a"PARTY". WITNESSETH: WHEREAS, pursuant to chapter 39.34 RCW, local governments may jointly exercise their powers, privileges and authorities through the execution of Interlocal Cooperation Agreements in order to make the most efficient use of their powers by enabling them to cooperate with other localities on a basis of mutual advantage and thereby provide services and facilities in a manner and pursuant to forms of governmental organization that will accord best with geographical,economic,population,or other factors influencing the needs and development of local communiry;and WHEREAS,pursuant to RCW 38.52.070,two or more political subdivisions may join in the establishment and operation of a local organization for emergency management services.The Ciry of Spokane, City of Spokane Valley, City of Medical Lake, Town of Millwood, Town of Fairfield, Town of Latah, City of Liberty Lake, Town of Rockford, Town of Spangle, Ciry of Cheney,City of Airway Heights,Ciry of Deer Park,Town of Waverly,and Spokane Counry are authorized and directed to establish local organizations for emergency management and WHEREAS, the PARTIES entered into an agreement in 2005 entitled "Amended and � Rei-�stated Interlocal Agreement for Emergency Management Services" under which they reduced to writing their respective obligations concerning the maintenance of the Department of Emergency Management("DEPARTMENT'). The PARTIES now desire to modify and restate that agreement. NOW, THEREFORE, for and in consideration of the mutual covenants contained herein, and as authorized under chapter 39.34 RCW and chapter 38.52 RCW, the City of Spokane Ciry Council,City of Spokane Valley City Council,City of Medical Lake City Council, Town of Millwood Town Council, Town of Fairfield Town Council, Town of Latah Town Council,City of Liberty Lake City Council,Town of Rockford Town Council,Town of Spangle Town Council,City of Cheney City Council,Ciry of Airway Heights City Council,Ciry of Deer Park Ciry Council,Town of Waverly Town Council and the Spokane Counry Board of Counry Commissioners(BOCC)hereby agree as follows: ISECTION NO.1:GREATER SPOKANE DEPARTMENT OF EMERGENCY MANAGEMENT The Spokane Department of Emergency Services,as created under the joint Resolution No.79- � 0873, will hereby '�° 'r^^�^�� ^° *'�°be the _Greater Spokane Department of Emergency Page 2 of 14 � Management"�to be known as and referred to as Spokane Department of Emergency Management,"DEPARTMENT" � comment[coi�:Tne co�c�eie�c�a c�aoc make changes�ve requested regazding it being the "Spokane RegionaL Depazhnent of Emer�ency ManagemenY'. SECTION NO.2: COMMITMENT The PARTIES agree to be fully committed to the Emergency Management Program and provide the resources necessary for the DEPARTMENT to carry out the Emergency Management Mission. The PARTIES agree that they are each responsible for individual department emergency preparedness. The PARTIES agree to participate in collaboration,dialog,planning, and exercises with the DEPARTMENT to assure readiness in event of disaster or major emergency. This statement of commitment flows from the PARTIES down to the individual � employees for the safety of life,property,and the environment of Spokane Coun . SECTION NO.3: TERM � The term of this Interlocal Agreement(AQreement)shall commence as of the last date executed by the PARTIES hereto and shall continue until terminated as provided for hereinafter. SECTION NO.4: PURPOSE � It is the putpose of this Agreement to continue the combined efforts^��'TTV .,.,,� r�nlrnlTV .,� originally developed in documents executed under Joint Resolution No.79-0873, Joint Resolution No. 96-0991, and as amended in Resolution No. 04-0689, and Resolution No. OS- 0781, in order to establish and operate, pursuant to RCW 38.52.070, a local organization for emergency management in accordance with the Washington State Comprehensive Emergency Plan and Program. This Agreement is to provide for the effective and economical preparation for and coordination of emergency functions,other than functions for which military forces are primarily responsible,and to mitigate,prepare for,respond to,and recover from emergencies and disasters,and to aid victims suffering from injury or damage,resulting from emergency disasters caused by all hazards, whether natural or man-made, and to provide the opportunity for coordination and support of search and rescue operations. SECTION NO.5: DUTIES AND RESPONSIBILITIES OF THE DEPARTMENT The DEPARTMENT shall office at the Spokane Fire Training Center, 1618 N. Rebecca Street, Spokane, Washington 99217, until the PARTIES, by mutual agreement, decide upon a new location. The DEPARTMENT,in addition to having those duties as enumerated in RCW 38.52.070,shall also have the following responsibilities: (a) Facilitate a coordinated planning process integrating emergency management plans to include: federal, state, local governments, individual ciry and counry departments, neighborhood, individual citizens, schools and the private sector; Page 3 of 14 (b) Conduct a comprehensive internal assessment and evaluation of emergency plans, equipment and personnel proficiency through a program of regular exercises; (c) Acquire and maintain emergency management facilities and equipment (d) Facilitate programs that enable people, governments, communities and the private sector to minimize and recover from immediate and long term impacts of disasters; (e) Facilitate the identification, development, implementation and evaluation of mitigation strategies and activities to reduce vulnerabiliry to the effects of disasters; � (fl Provide timely and accurate�emergency �,4management information to the PARTIES; (g) Participate as requested with the Spokane County Emergency Communications Policy Board to assist the public in Spokane Counry to easily, rapidly, and accurately access emergency police, fire, and medical assistance during time of a disaster; (h) Effectively and efficiently train DEPARTMENT staff to coordinate gmergency management resources,programs,functions and systems; (i) Propose coordinated legislation, ordinances, and local laws to improve the safety of people,governments and the private sector; (j) Coordinate a cooperative effort of federal, state, and local governments, neighborhoods, schools, individual citizens, individual ciry and counry departments and private sector to educate the public in emergency and disaster preparedness; (k) Coordinate facilities and resources to assist federal, state, and local governments to effectively and efficiently respond to emergencies and disasters; (1) Work in cooperation with federal, state, and local governments, and the private sector to realize, develop and maintain a network of survivable emergency telecommunications and warning systems; (m)Facilitate a partnership of federal,state,and local governments and the private sector that provides "All Hazards" emergency management training for emergency coordination and management level personnel; Page 4 of 14 (n) Participate in various group meetings for situational awareness and dissemination of overall emergency management system efforts; (o) Establish, train and maintain a volunteer cadre that can be mobilized in case of searoh and rescue missions,emergencies and/or disasters; (p) Prepare, monitor, administer and evaluate the DEPARTMENT'S annual budget (c� Participate in and attend related emergency management conferences, seminars,training and education;and (r) Coordinate the receipt,distribution and accountabiliry of grant or other funds made available to local and regional agencies through the DEPARTMENT. SECTION NO.6: PROPERTY AND EQUIPMENT All equipment owned or subsequently purchased by the DEPARTMENT shall be owned by the DEPARTMENT and shall be disposed of upon termination of the DEPARTMENT as the PARTIES may mutually agree. SECTION NO.7: EMERGENCY MANAGEMENT POLICY BOARD(EMPB) There shall be an Emergency Management Policy Board ("EMPB") established. The EMPB'S � function shall be to provide �•^°�^°^^�- '.`�^^^�°.^°•,+DEPARTMENT policy guidance, budget review and approval recommendation based on the goals, objectives and expense prioritization developed by the Emergency Management Operations Group ("EMOG") as it relates to the DEPARTMENT in support of the overall Spokane emergency management system. The ENIPB shall be composed of financial stakeholders. The EMPB shall be made up of the following and where appropriate, appointed by their respective appropriate elected officials: Two representatives from the City of Spokane, one representative from each city/town with a population of greater than 10,000, Spokane County Chief Executive Officer, and cities/towns with a populations over 1,000 and less than 10,000 shall appoint one representative which shall be selected by the mayors of those cities and towns.� One representative of the Emergency Management Operations Group and the Local Director of the DEPARTMENT will serve as non-voting members of the EMPB. A majority of EMPB members will constitute a quorum. EMPB will assist, advise and collaborate with the Local Director and Depury Director of the DEPARTMENT in the � development of service levels, resulting budget, emergency plans and training. EMPG�shall meet,at minimum,bi-annually(June and October)and the Local Director shall serve as chair. SECTION NO.8: EMERGENCY MANAGEMENT OPERATIONS GROUP There shall be established an Emergency Management Operations Group(EMOG). Page 5 of 14 The primary responsibility of the EMOG is to identify and foster a collaborative approach to identify and support a cotmnunity-wide emergency management system, identify strengths, weaknesses and gaps and develop goals and objectives and prioritized strategies. The EMOG will address mitigation,preparedness,response and recovery across all aspects of the Emergency Management System. The EMOG, through insight from their respective disciplines and work groups,will establish goals and priorities for the Emergency Management System and establish sub-committees (Teams) i.e.; training and exercise, and planning, as needed. The established recommendations and priorities will be brought forth to the EMPB for DEPARTMENT fmancial consideration and jurisdictionaUdepartmental support. The EMOG shall be comprised of representatives appointed by letter from their respective disciplines: Two representatives from emergency management, two representatives from law enforcement, two representatives from fire service, one representative from public health, a representative from public works will be solicited by the EMOG and a representative from the private sector, solicited from the Business Continuiry Advisory Group through Greater Spokane Incorporated. Non-voting representatives may be added to the EMOG at the discretion of the EMOG. In the event of an activation of the Emergency Coordination Center,the respective public agency members or their designated alternates will respond as requested and fulfill the responsibility as a member of the Multi Agency Coordination Group (MAC) for prioritization and allocation of critical resources to support incident needs and provide for the continuity of operations for continued public services. Additional MAC group members may be solicited at the discretion of the Chair of the MAC Group based on event needs. The EMOG shall meet at least quarterly. Additional meeting can be called for by any representative of the EMOG through the Chair. The Local Director shall serve as Chair of the EMOG. SECTION NO.9: FUNDING The Local Director or Deputy Director shall annually prepare a budget for operation of the DEPARTMENT. The annual budget shall be submitted to the EMPB for review approval and submitted to the BOCC for fmal adoption. The budget shall include all costs of maintenance and operation of its offices at 1618 N.Rebecca Street and 1121 W. Gardner Avenue, Spokane, Washington plus Countywide and Sheriff Departmental indirect costs from the Law Enforcement Cost Allocation Plan. The annual budget once approved by the EMPB and adopted by the BOCC shall be allocated among the PARTIES in the same proportionate share as their populations are to the total population of Spokane County. For the putpose of calculating populations, the COLJNTY shall have that population assigned to the unincotporated area of Spokane Counry. Provided, however, the COUNTY agrees to pay the budget allocation assigned to all cities and towns that are a part of this Interlocal Agreement and have populations of less than 1,000. The PARTIES agree to use the population figures as prepared and published by the Washington State Office of Financial Management as of April lsr of the calendar year prior to the budget year. The COLJNTY agrees Page 6 of 14 to prepare and provide to all PARTIES on or before October 31st a projected budget and cost sharing for the DEPARTMENT for the following year. Additionally, the COLTNTY agrees to prepare and provide to all PARTIES on or before December lsr a fmal budget and cost sharing for the DEPARTMENT for the following year for each year this Agreement is in effect, Attachment A provides a contract calculation sample based on the 2012 budget. The Spokane Counry Chief Executive Officer will submit quarterly invoices (due and payable upon receipt) in March, June, September and December each year to the PARTIES with populations greater than or equal to 1,000. With the exception of the City of Spokane Valley which will be billed monthly. At the end of each calendar year,using the population methodology and actual DEPARTMENT costs plus Counrywide and Sheriff Department indirect costs from the Law Enforcement Cost Allocation Plan, the County will re-compute each PARTY'S actual cost share. Annual adjustments will be made on or before October 31 st of each year based on actual expenditures for the previous year. In the event that the PARTIES were over billed during the previous calendar year,they will receive a credit to be applied to the next billing statement. Indirect costs charged by the Counry included as a result of this Agreement will be detailed to the EMPB on an annual basis. Upon review of indirect costs and/or settle and adjust jurisdictional costs may be disputed by a PARTY. In the event there is disputed charges and/or settle and adjust,the amount billed/paid will be paid until such time the dispute is resolved. In the event that a PARTY is no longer a signatory to this Agreement,it will be reimbursed. In the event that the PARTIES were under billed during the previous calendar year,they will be responsible for paying such debit in the next billing cycle. In the event that a PARTY is no longer a signatory to this Agreement, it will be responsible for paying any billing within 30 calendar days. At its sole discretion, any PARTY who fmancially pays a portion of the annual DEPARTMENT budget in the case of over billing, or in the sole discretion of the COUNTY, in the case of an under billing, the � PARTY may request interest on such amount based on the lost interest earnings had the under billing amount been invested since the end of the calendar year to the date of determination in the Spokane Counry Treasurer's Investment Pool or the over billing amount been invested since the end of the calendar year to the date of detertnination in the Washington Cities Investment Pool. SECTION NO.10: INDEMNIFICATION The PARTIES agree that the DEPARTMENT,all of its employees,to include the Local Director and Depury Director, shall be provided liability Insurance coverage through the COUNTY'S Joint Liabiliry Insurance Policy with the Washington Counties Risk Pool for errors, omissions and sole negligence and workers compensation coverage through the COUNTY'S Se1f-insured Workers Compensation Each PARTY further agree that the COiJNTY shall be responsible for any liabiliry,loss,cost or expense clauned by third parties for property damage and bodily injury,including death,caused by any act or omission attributed to the DEPARTMENT, its employees or agents in connection with this Agreement. Page 7 of 14 Each PARTY shall be responsible for its own wrongful and negligent acts or omissions,or those of its officers, agents, or employees to the fullest extent required by law, and shall indemnify, � defend, and hold the other�n�r',v pARTIES harmless from any such liability. In the case of negligence of more than one PARTY,any damages allowed shall be levied in proportion to the percentage of negligence attributable to each�PARTY and each�PARTY shall have the right to seek contribution from the other�PARTIES in proportion to the percentage of negligence attributable to the other PARTIES�. SECTION NO.11: RELATIONSHIP OF THE PARTIES � For the purpose of this section, the terminology "COUNTY" shall also include the Sheriff. The PARTIES intend that an independent contractor relationship will be created by this Agreement. The COLJNTY shall be an independent contractor and not the agent or employee of the other � m^����'�sPARTIES and are interested only in the results to be achieved and that the right to control the particular manner, method and means in which the Services are performed is solely within the discretion of the Sheriff. Any and all employees who provide services to the PARTIES under this Agreement shall be deemed employees solely of the Sheriff. The SHERIFF shall be solely responsible for the conduct and actions of all employees under this Agreement and any liabiliry that may attach thereto. Likewise, no agent, employee, servant or representative of any PARTY shall be deemed to be an employee, agent, servant or representaYive of the Sheriff or COUNTY for any purpose. SECTION NO.12: INTTIATIVES AND LOCAL BUDGET REDUCTIONS The PARTIES recognize that revenue-reducing initiative(s)passed by the voters of Washington and/or local revenue reductions (i.e. loss of sales tax) and/or local government mandates may substantially reduce local operating revenue for the all of the PARTIES. The PARTIES agree that it is necessary to have flexibiliry to reduce the contracted amount(s) in this Agreement in response to budget constraints resulting from the passage of State-wide revenue-reducing initiative(s)and/or local revenue reductions and/or local government mandates. If such an event occurs,the PARTIES agree to negotiate in good faith to achieve a mutually agreeable resolution in a timely fashion. SECTION NO.13: 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 ga�Ey�PARTY that this Agreement shall be governed by the laws of the State of Washington,both as to interpretation and performance.Any action at law,suit in equiry or judicial proceeding for the enforcement of this Agreement, or any provision hereto, shall be instituted only in courts of competent jurisdiction within Spokane County,Washington. SECTION NO.14: COMPLIANCE WITH LAWS The PARTIES shall observe all federal, state and local laws, ordinances and regulations, to the extent that they may be applicable to the terms of this Agreement. Page 8 of 14 SECTION NO.15: THE LOCAL DIRECTOR OF EMERGENCY MANAGEMENT The Spokane Counry Sheriff is hereby appointed as the Spokane Local Director of Emergency Management. The Local Director shall be responsible for: (a) The overall DEPARTMENT program and its responsibilities contained within � this ��Agreement and those defined within RCW 38.52 for local programs; (b) Serve as Chair of the EMPB and EMOG;and (c) In the event of a declared disaster,the Local Director shall be empowered to: 1. Coordinate matters reasonably related to the protection of life and property as affected by such disaster 2. Obtain vital supplies, equipment and such other properties found to be lacking and needed for the protection of the life and properry of the people, and bind the participating members thereof and if required immediately,to cotmnandeer the same for public use, 3. Execute the special powers conferred upon him/her by this� A�reement and 4. Request necessary personnel or material of the PARTIES to this Agreement,and (d)Under this Agreement,the Local Director may identify the Depury Director as a designee in his/her absence. The designee is empowered to have the same authorities and responsibilities as the Local Director. (e) Coordinate and facilitate cooperation between divisions, services and staff of this Agreement and resolve questions of authority and responsibiliry that may arise between them, (fl Represent the DEPARTMENT in all dealings with public or private agencies pertaining to emergency management and disasters, (g)Keep and maintain an inventory of all non-perishable and non-expendable goods, supplies and equipment of the DEPARTMENT or in its custody, including excess federal property on loan to the DEPARTMENT, with said inventory to specify the location of each item listed, (h)Coordinate and facilitate a training and exercise program (i) Prepare,manage,and present the DEPARTMENTS budget before the EMPB, (j) Oversee the compliance of the Homeland Securiry Grant program and ensure compliance with federal,state,and local rules and regulations, (k)When appropriate circumstances arise, recommend a declaration of the existence or threatened existence of an emergency or disaster and the termination thereof, Page 9 of 14 (1) Forward any disaster declaration to the Washington State Emergency Management Division for (i) consideration of a State of Washington proclamation that identifies any of the PARTIES, and (ii) Federal Disaster Declaration(Stafford Act). (m)Direct coordination and cooperation between the PARTIES in planning, training,and exercises,and (n)Recommend to the PARTIES emergency regulations or ordinances on matters related to the protection of life and properry as affected by emergencies or disasters. SECTION NO.16: DEPUTY DIRECTOR OF EMERGENCY MANAGEMENT The Deputy Director of the Spokane Department of Emergency Management, a non commissioned officer, shall be subordinate to the Local Director. Subject to the direction of the Local Director,The Deputy Director shall not possess any authorities of that of a commissioned officer and is hereby empowered and directed: (a) To act on behalf of the Local Director on a day-to-day basis under the direction of the Local Director or in his/her absence in all Emergency Management functions and responsibilities; (b)To prepare a comprehensive emergency management plan confonning to the Washington State Comprehensive Emergency Management Plan program and programs; (c) To coordinate the efforts of the DEPARTMENT in accomplishing the putposes of this Agreement (d)To train and exercise the Emergency Coordination Center("ECC")personnel; (e) To prepare, manage, and present the DEPARTMENT budget before the EMPB. (fl Oversee the Homeland Security Grant program in ensuring compliance to federal and state rules and regulations. SECTION NO.17: AGREEMENT OF PARTIES TO PARTICPATE The PARTIES of this Agreement shall participate and respond as necessary in the activation of the Spokane Emergency Coordination Center ("ECC") and in accordance with the Comprehensive Emergency Management Plan and the ECC Plan. PARTIES further agree to participate in planning, training, exercises,and cooperate to meet the needs of the intent of this Agreement. SECTION NO.18: TERMINATION Page 10 of 14 � Each�}�PARTY may terminate its participation in this Agreement upon 180 days written notice to the Local Director prior to January lsr of any year. The effective date of the tennination will be December 31st Federal or state-owned properties shall be disbursed in accordance with appropriate federal or state guidelines. Items loaned to the DEPARTMENT by a^^�*�^�^^*��•^ �°•^'�°�pARTY shall upon request be returned to that •^°•�r'�°� PARTY upon that •�•°•^�T°�'° PARTY'S withdrawal from this Agreement or upon this Agreement's cancellation. SECTION NO.19: SEVERABILITY It is understood and agreed by the PARTIES hereto that if any part, term or provision of this Agreement is held by the courts to be illegal,the validiry of the remaining provisions shall not be affected,and the rights and obligations of the PARTIES shall be construed and enforced as if the Agreement did not contain the particular provision held to be invalid. If it should appear that any provision hereof is in conflict with any statute of the State of Washington, said provision that may conflict therewith shall be deemed modified to conform to such statutory provision. SECTION NO.20: ENTIRE AGREEMENT The PARTIES agree that this Agreement is the complete expression of the terms hereto and any � oral representations or understandings not incorporated herein are excluded. This T^*°��'^^^�' Agreement shall supersede all prior resolutions and agreements executed by the PARTIES hereto with regard to emergency management. SECTION NO.21: COUNTERPARTS This Agreement may be executed in any number of multiple signed originals, each of which, when so executed and delivered, shall be an original, but such counterparts shall together constitute but one and the same. SECTION NO.22: MUTUAL AID AGREEMENTS � Nothing in this Agreement shall limit the authoriry,responsibility or duties of any�PARTY arising out of any mutual aid agreement or other agreements with other governmental entities. SECTION NO.23: DISCLAIMER Except as otherwise provided, this Agreement shall not be construed in any manner that would � limit any�"�PARTY'S authority or powers under law. SECTION NO.25: AGREEMENT TO BE FILED Page 11 of 14 The COLJNTY will be responsible for filing this Agreement with the Counry Auditor. Each � �PARTY shall file this Agreement with its respective Clerk or post the same on its website as may be allowed by state law. SECTION NO.26: RECORDS The DEPARTMENT shall maintain in accordance with state law all records related to its � expenditures and responsibilities under the terms of this Agreement. Each�PARTY shall have access to such records at reasonable times. SECTION NO.27: NOTICES All notices shall be in writing and served either personally or by certified mail, return receipt requested to the PARTIES at the addresses set forth herein above. Notices sent by certified mail shall be deemed served when deposited in the United Stated Mail,postage prepaid. SECTION NO.28: MODIFICATION This Agreement may be modified at any time by mutual agreement of the PARTIES. SECTION NO.29: CHAPTER 39.34 RCW REQUIRED CLAUSES (a) Purpose. See Section No.4 above. (b) Duration. See Section No.3 above. (c) Or�anization of Separate Entity and Its Powers. See Section No. 1 above. (d) Responsibilities of the PARTIES. See provisions above. (e) A�reement to be Filed. See Section No.25 above. (fl Financin�. The COUNTI' shall annually inform the PARTIES by October 31st of its projected costs for the next fiscal year as a part of the regular � budgetary process. Each��PARTY shall be responsible for the financing of its contractual obligations under its nortnal budgetary process. (g) Termination. See Section Na 18 above. (h) Property upon Termination. See Sections No.6 and 18 above. IN WITNESS WHEREOF,the PARTIES have caused this Agreement to be executed on date and year opposite their respective signatures. NOTE: There will be a separate signature page for each enfity signing the Agreement. Page 12 of 14 DATED: BOARD OF COUNTY COMMISSIONERS OF SPOKANE,COUNTY,WASHINGTON TODD MIELKE,Chair ATTEST: MARK RICHARD,Vice-Chair Daniela Erickson,Clerk of the Board AL FRENCH,Commissioner Page 13 of 14 Spokane Department of Emergency Management 2012 Contract Salary and Benefits 323,884.00 M/O 53,725.00 Indirect Costs* 47,185.72 Total Operating Cost 424,794.72 %Population AnnualCost Po ulation er Cit er Entit Spokane 209,100 0.4424 187,929 Unincotporated 136,713 0.2892 122,871 Spokane Valley 90,110 0.1906 80,986 Cheney 10,790 0.0228 9,698 Liberty Lake 7,705 0.0163 6,925 Airway Heights 6,220 0.0132 5,590 Medical Lake 4,910 0.0104 4,413 Deer Park 3,675 0.0078 3,303 Millwood 1,785 0.0038 1,604 Fairfield 595 0.0013 535 Rockford 470 0.0010 422 Spangle 280 0.0006 252 Latah 195 0.0004 175 Waverl 102 0.0002 92 Total Count Po 472,650 1.0000 424,795 *Indirect Rate from LECAP-2010 Actuals for 2012 Population based on Washington State OFM Forecast ApxiL 2011. http:Uww�v.ofin.wa.gov Indirect Rate(applied to total expenditares): Estimate 12.50% Page 14 of 14 Sr`p�i�k.�.ne VFalley 11707 E Sprague Av� 5uite 106 ♦ S�okane Valley WA 99206 549.921.1000 ♦ Fa3c; 509.921.10Q$ � �ityhall@spokanevalley.org Memorar� dum 7a: Nfike Jackson, City Manag�r From: Mark Calhoun, Fi�ance Director ' � Dafe: June 20, 2012 Re Finanee Department Activity Report— May 2Q12 2011 Yearend Pracess The 2011 books were closed March 23, 20'[2. 7he general accounting w�rk required tv accomplish #his included determining that revenu� and expendikure activity was posted fo the correct yeaT a�d accounts, analyzing account balances and preparing closi�g entries. The annaual report preparation is nearing completion and we antici�ate wifl begin sametime in J�ne 2012, 2013 Budc�et Deve1vpment Pracess Work an the 2013 Budget continu�d with City Department Directors and Staff developing budget worksh�eks and u�dating the Busirtess Plan. This work was largely complete �y abaut May 16 and through the balanc� af the mont� Fina�nce and City Manager Sta�f warked an pr�paring the 2013 buclget workbook to be used during the Jur�e 12, 2012 Budge# Retreat. Sta. ffin� During the month of May we received the termir�ation notice of an Accountir�g Technician whase last day of woric was May 31. We are currently accepting applicakions for the pasition and hope to have it filled by early July. In early Jun� we had another staff person depart an maternity lea��. She shauld rekurn to work near the end of August. Bond Refinancina Minirnal war� has been accomplished on this to date as +nre've been focused on the 2013 Budget development. With the Budg�t Retreat bel�ind us we hQpe to begin preparing the necessary information in order to advance this �rocess. 11SV-FS21UserslmcalhounlFinance Activity Reports1201212012 05.dacx Page 1 Budqet_to Actual Camparison Report ��a�es 5— 17) A r�epart reflecting 2012 Budget to Acfual Revenues and Expendit�res far tFtose funds for which a 2Q12 Bud�et was adopted and s�b�equently amended is located on pages 5 through 17. I Because we att�mpt to provide this information in a timely manner this report Es prepared fr�m recards that are nat formally closed by the Finance Department at month end or recanciled #o bank recards. Although it ps realistic tc� expect the figures will change over subsequent weeks, I believe the report �s materialfy accurate. You will noke that the format of the report is ide�ntical #o pages 20 through 32 of the 20�2 Budget doeurnent. We've included the follawing information in the report; � Revenues by source for all funds, and expe�dituees by department in ti�e Ger�eral Fund and by type in all other f�nds, • A breakdawn between recurring and rronrecurring rev�nues and expenditures in the General Fund, Street �&M Fund and Stormwaker �und. � The char►ge in fund balartce including beginning and ending figures. The beginning fund balance figures are those that w�ll be reflected ir� our 201� Annuaf Financial R�p�rt� • Columns of information incfud�: o The 2012 Budget as adopted an� subsequsntly amended on Februa�y 2�, 2012. o May 2012 acfivity. o Cumulative 2012 activity through May 20'f 2. o Budget rerrtaining in #errr�s af dallars. o The percent of budgeted revenue collected or budgeted expenditur�s disbursed. A few �oin�s related to t�e Ge�era! Fund #(�C11 {page 5): R�currinq revenues collections are currently at 36,51% of the amount �udgete� wi�h 49.7% of t�e year efapsed. This js typical and refleetive of the nature af the timir�g of when revenues are ca���cted. • Praperty tax eollections hav� reached $4.87 millian or 45.09% of the amount budgeted, This is �ecause properky taxes ar� paid to Spak�ne Coun#y in two installmenks each year on April 30 and Octob�r 31. These mor�ies are then remitked to the City in May and November. • Sales tax collections are currently just $4,944,630 or 34.8% of the amour�t b�dgeted. This is beca�se taxes collected in May are not remitted to the City by the State unfil the latter �art of June. • Gambling taxas are a# $166,778 or 26.0�% of the amount budge�ed. This is because they are paid quarterly with first quarter paymer�ts due by April 3fl. Mos� of the returns w�re recei�ed on #he final day of April and actually booked as rever�ue the 1S' o� May. • Franchise Fee and Business Re�istratian revenues ar� rec�ived in the month #ollowing a calendar year quarter. Thraugh May we have received first quart�r payments of$332,833 or 24.7'i°lo of fhe amount budgeted. � State shared re�enues are compased of S#ate a�Washir�gton distributions that include items such as liquar baard profits, liquor excise tax, strearnlined sales tax mitigation an� crim�naF justice rnanies. Mos# of these revenues are pai� by the State in �he rnon#h fo�lawing a calendar�uarter. Through May we`ve received first quarter remittances totaling $448,97Q or 24.48% af the amount budgeted. • Service re�enues ar� largely com�osed of building permit ao�d plan review fees as well as false alarm fees and right of way permits, Re�enues are currently $563,355 or 43.34% of the amount budgeted. • Fines and farFeitures revenues are composed of mor�thly remittances from Spokane Coun�y with payments made i� the month folfowin� the ackua� assessmen# of a fine. Through May 2012 we've received remittances for the period January#'�rough April with �eceipts of $445,889 or 23.47% of the amount budgeted. 11SV-FS21Userslmcaahounl�inance Activ�ty Repartsl201212012 05.dacx Page 2 • Recreatian �roqram fees are composed of r�venues generated by #he variety of parks and recreation pragrams including classes, sw�mming pools (in-season), and CenterPlace. Currer�tly, revenues total $265,3�9 ar 46,55% of the amount budg�t�d. Recurrir� ex e�ditures are currently at 32.73% of the arnounk budgeted wikh 41,7% of the year elapsed. Departments experience seasonal fluctuations in activity so they dan't necessarily ex�end their budget in twelve equal rnonthly instal�rrients. At this point �he Councif budget is 45.14% expended and this can be explained by the January 2012 payment of annual dues ta AWC and the NLC for a total cost of$67,655. Inv�stments (page 18) En�estments at May 31 total $49,577,83� and are composed of$44,554,183 in the Washingtan State Local Governrner�t Investm�nt Poo1 and $5,Q23,651 in bat�k CDs. Tota� Sales Tax Receipts (page 19) Tatal sales #ax receipts are $5,586,930 incl�ading general, criminal justice and pu�lic safety taxes. This figure is $195,67G (3.E3%) greater than for the same 4-month period in 2011, ��cluding ttte latter half of 2011 sales taxes have shown an irnpressive increase but ar� increase of just 1.31%o in the March 2012 State rem ittance is a reminder#hat t�e economic recovery is still tenuous. When camparing 2011 and 2012 rece�pts for the manth of May you'll noke a reduction of$�1,709 or .81°lo. The decrease was expected and is due to a 2031 �Department of F�evenue tax arnnesty prograrn xhat was in plac� for the three-month �eriod ending April 30, 2011, in which nea�ly 8,900 business {state-wide) paid $320.7 rnillion in state and local back taxes. Of the tatal, $56.8 million was local tax tf�at was forwarded #o counties and cities beginning with kd�e N�ay 201� sales tax dis�ribution and cancluding wrth the July 201� distrib�tion, Unfortunately fhe Depa�m�nt of Revenue was unable fo p�ovide infvrmation an how m�ch this actually generated for the cities or from which businesses. Co�asequ�ntly we have no way ofi det�rrr�ining how much the Cjty of 5pokane Vafiey benefEte� frorn the program, What we da know is that fh� May 2011 sales tax remittance was 7.54% grea#er than the May 2010 remittance. With a May 2Q12 remiktance that is just .81°Io less than an ar�ificially infdated May 20'E 1 remitkance, one could make the argument that the current economy contenues ta improve. Ecanamic Indi�cators {pages 2C3—22) The follQwing ecanomic indicators provide inforrr�ation pertaining to three differant sot�rces of tax ravenue thak �rovide a goad �auge of the health and direction of the averall economy. a. Sales taxes {page 20) provide a s�ns� of how rrauch individuals an� b�s�nesses ar� spending on the �urchase of goods. 2. Hotel 1 Mote1 taxes (page 21) provide us wit� a sense af avernight stays and vdsits to our area by tourists or b�siness travelers. 3. Real Estate Excise taxes (page 22} provide us with a s�ns� of real estate sales. Page 20 provides a month4y history of general sal�s tax receipts (r�ot including puhlic safety or criminaf justice) beginning with the first remitkance received in May 2003. • Compared with cafendar yea:r 2011, 2012 collections hav� increased by $193,983 ar 4.08%. • Tax receipts peaked 'on 2007 at $17.4 million and droppec� off dramatically in the subsequent #hree years, Page 21 provides a rnonthly history of hot�1lrn��el tax receipts beginn�ng with the first remittat�ce in May 2003. � Compared witi� calendar year 2p11, 2�12 co�lect�a�s f�a�e increased by $12,�30 ar 11.99%. 115V-FS21UserslmcalhaunlFinanee Activity Repo�ts12Q1212012 05.docx Page 3 • Gof�ectians peaked in 2007 and 2008, dropped off in 2009 (although signlficantly iess than the drop in sales taxes) and are curr�ently aga�n �near the highs of 2008, page 22 provRdes a manthly history of real estate excise tax receipts beginning with the first remittance �n March 2003. • Compared with calendar year 20�1, 20�2 collections have decreased by $14,654 or 5.32%, • Tax receipts peak�d in 20D7 at nearly $2.6 mi��i4n, decreased precipltously in 2008 and 2009, and appear fo have leveled off in 2010 ar�d 2011. Debt Ca acit and Bonds Outstandin (page 23) This page prouides informatior� on the City's debt capacity, o� the dollar amount of General Obl'rga#ion (�.0.} Bonds the City may issu�, as we�l as an amortizat�on schedule of #he bon�s #he City currently has ou�standing. • The max�mum amour�t of G,O. bonds the City may issue is determined by the assessed value and t�e 2011 assessed value for 2012 property taxes is $7,[}$7,523,395. Following the City's Decembe� 1, 2011 bond payment, the Cify current6y has $7',93�,000 of nonvoted G.O. bonds outstanding which represen�s 7.46°l0 of our nonuated bond capacity, and 'f.49°10 af our total deb� capacity for all ty,�es af bon�s, • The $7,930,000 of �bmnds the City currently has outstanding is part of the 2003 nonWOted �LTGO) bond issu�. �f this amount; o $6,260,Q0� remains on bonds issued for the construction of CenterPlace. These bonds are repai� with a partioc� of the 11�Q of �% saRes tax that is collected by the Spo'kane Public Facilities District. o $1,670,000 remains an bands issue� far road and street improv�ments arau�d CenterPlace. The bonds are repaid with a portion of the real est�ke excise tax colleeted by the City. IISV-�S21UserslrncalhounlFinance Activify Repvr�s1201212012 05.cEocx Page 4 P:1Fir�ancelFor City CouncillCouncil M9nthay fte�orts120i21201 2 05 3 1 reAQrt CITY OF SPOKANE VALLEY,WA Budget Year Budgek to Actua1 Comparison of Re�enues and Expenditures Ela sed= a1.7°!0 For the Five•Month Periad Ended May 31,2012 20t2 ActuaC Actual dhru Budget °!o of Budget May 31-May Remaining Budget #fl01 -GENERAt FUND R�CURRI NC;AC7IVITY Revenues Property Tax 10.808,900 4,233,070 4,873,371 (5,935,529) 45.d9% Sales Tax 1A 214,OOD 1,277,621 4,944,630 (9,265,370) 34.80°/a Crim�r�al,lustice Tax 1 200,000 104,145 449,115 {790,885) 34.�8% Public safety Sales Tax 790,OQ0 5$,479 232,3$6 (557,644) 29.42% Gambling Tax and l.easehold Excise Tax 640,OOQ 156,956 166,778 {473,222} 26A6% Franchise FeeslBusiness Registration 1,2&6,000 6,760 312,833 (953,i67} 24.71% StateSharedRevenues 1,834,304 Q 448,9TQ (1,385,330} 24.48% Service Revenues 1,300,000 223,533 563,355 (736,645) 43.34% Fines and Forfei9ures 1,9a0,00� 10z,295 445,889 (1,454,111) 23.47°/a Recreatian Program Fees 570,OOp 67,927 265,319 (3�4,681) 46.55°la � �lliscellaneous&fnvestment Inkerest 3fl5,000 19,462 59,542 (245,45$} 19.52% Transfer-in -#101 (streetadmrn) 39,600 3,3a0 i6,540 (23,100) 41.67°/a Transfer-in -#1�5(h/m tax-CP advertising) 3fl,d00 0 0 (30,000) 4.Ob°/n Transfer-in -#402(starmadm�n) 15,000 1,250 6,250 {$,750} 41.67% Tatal Recurr'rng Revenues 34,908,B00 6,254,7a8 12,744,838 (22,163,862) 36.81% Expenditures C'sty Counc�l 386,249 25,985 174,350 211,899 �45.14% CFty Maneger 631,fi67 54,944 233,792 397,875 37.(}i°/a Legal 434,798 37,716 180,650 254,148 4�.55% Public Safeiy 22,000,400 439,280 7,026,551 �4,973,449 39.94°/a Deputy�ity Manager 658,884 32,820 189,248 469,63B 2$.72°10 Finance �,047,107 7$,Q44 3$5,974 661,133 36.86% Hc�man Resources 230,231 20,908 89,229 141,OQ2 38.76% Publ+c Works 901,519 67,034 277,4fi5 624,�54 30.78% Comrraunity Oevelopment-Administration 323,743 26,924 127,930 195,813 39.52°/a Community Development-Engineering 684,796 54,590 271,830 908,966 39.93% Community Development-Rlenning 994,245 77,8&1 344,839 649,446 34.68% Community Development-B�ilding 1,264,454 93,1�7 553,938 7(}6,516 43.95°/a ParEcs&Rec-Adrninistration 283,128 19,608 103,741 159,387 39.43% Parks 8�Rec-I�ainlenance 803,700 62,547 244,917 558,783 30.47°/n Parks&Rec-Racreatian 229,811 17,087 55,743 174,1 Q8 24.24% Parks&Rec-Aquatics 442,250 3,439 9,842 432,408 2.23°l0 Parks 8�Rec-Senfor Center 92,961 7,220 33,076 59,&B5 35.58% Parks&Rec-CenterPlace 1,119,357 81,887 423,073 6$6,284 37.80% General Government i,84p,500 104,133 484,983 3,355,517 26.35°/a Transfers puf-#502(insuranca premium) 319,000 2&,583 132,917 186,083 Ai.67°/u Total Recurring Expenditures 34,6fi0,400 1,331,7&8 11,344,04B 23,31�,352 32.73% Recurring Revenues Over(Under) Recurring Expenditures 298,404 4,923,040 1,400,89fl 3,152,�490 NONRECURRI�G ACTNITI' Revenues nla d 0 0 0 #DIWlO! Tota[No�recurring Revenues 0 0 0 0 #�IVIDI Ex[�enditures Gontingency 1�mergeney(1%of recur exp) 346,600 0 0 346,6D0 0.00% Transfers out-#303 B9,500 0 0 89,500 0.00% Transie�s out-#309(park grarrf match) 100,�00 8,333 59,619 40,381 59.62% Trans(ers t�ut-#311 (100°/'a>$26million) 0 0 � 0 #DIVIO! Bullding permit software purchase Q 0 0 0 #DIV10! "�olal I�fonrecurring Expendikures 536,100 $,333 59,fi19 476,481 11.12% Nonrecurnng Revenues Over(Under) Nonrecurring�xpenditures (536,'f�0) (8,333) �59,61� 476,481 Excess(asficit)of Total Revenues over(Under)Total Expenditures (287,70�) 4,944,676 1,34i,271 1,628,971 Beginning fund balanee 28.045,203 28,045,2i}3 Ending fund balance 27 757,503 29,386,474 P2ge 5 P:IFirtancelFor City CnuncillCouncil�hdonthly Reports1201 21201 2 05 3i repork +CITY OF SPOKANE VALLEY,WA Bu�get Year 8ud�et ko Ackual Comparison of Revenues and Expendi#ures Elapsed= 43.7% For the Five-lVlonth Period End�d May 31,2012 2012 Actual Actual thru Budgef %of Budget hhay 31-May Remaining Budge# SPECIAL R�VENUE FUNDS #14� -STREET FU�JD RECURRING AGTIVITY Revenues Motor Vehic�e Fuel(Gas)Tax 1,597,80p 153,546 592,65B (�,3(}5,142) 31.23% Investment Interest 5,Q00 306 1,147 (3,853) 22.94% Insurar�ce Premiums&Recoveries 0 0 9,36� 9,360 #D�VIO! lltirityTax 3,000,000 229,565 918,571 (2,081,429) 30.62% Mfscellaneous Revenu� 0 Q Q Q #D1V/0! Total Recurring Revenues 4,902,8Q0 383,418 1,521,795 (3,381,fl65) 31.Q4% �x�enditures Wages!Benefits 1 Payroll Taxes 522,142 41,864 256,3fi4 265,778 49.10°l0 Suppl[es 72,2�R 77,484 329,473 (257,273) 456.33% Services&�Charges 3,330,321 9Z4,570 1,325,517 1,984,$04 40.04% Inlergovernrrsenfal Payments 847,0(}0 1CY5,221 i95,887 651,113 23.13% Interfund7ransfers-out-#401 39,6fl0 3,304 96,54fl 23,140 k1.67°/o Interfund Transfars-ouk�#103(MVF� 4 0 0 0 #DlVIO! Interfund Transfers-out-#t501 (p�aw replace.J i�0,000 8,333 41,667 58,333 41.67% InterFund 7ransfers 0 0 b 0 #�9V10! Streels Misc. projects 0 0 U 4 #D1V10! Tota�Recurring Ex�enditures 4,899,263 1,160,768 2,165,406 2,725,857 44.27°/4 Recurring f2evenues Over(Under) Re�urring ExpendiRures 11,537 (777,3�3) {643,672) (655,209) IVONR�CUFtFZING ACTIVITY Revenues Granfs 4 15,f40 443,388 'f43,398 #�1V14! Uti9ity Taxes 0 0 0 0 #D1V10! fnte�fund Transfers in-#OQ1 0 0 � 0 #D1Ul0! interFund Transfers+n-#122 0 0 0 0 #D1VI0! InterFund TransFers in-#302 0 0 0 4 #�11V10! Inferfund Transfers in-#402 4 0 4 0 #O11//�! MiscellaReous p 0 1,473 1,473 #D1V10! Tofal Nonrecurring Revenues 0 15,i44 144,861 144,861 #�1V101 E�mendikures BridgelSireet Niaintenance fl 1,402 1,442 (1,402) #D1Vl0! I�it�fd9Jrid Tf8�5fe�s-oUR-#303(Euergreen Rd) 500,000 0 (11,2(}5) 591,205 -2.24°/a Grant finaneed ca�pital 0 2,074 7,119 (7,119) #DIVIO! CapitalOuilay 4Q,Q00 D 0 44,fl(}D 0.00°/a Snpw Plssw purchase(budgefed in 2010 delrvered ii 0 0 (7 0 #fl1Vl0! Total iVonrecurring Expenditur�s 540,Od0 3,473 (2,684) 542,684 _ -0.50°/d Nonrecurring Revenues C7ver(Under) Nonrecurring Expenditures (544,000) ii,667 147,545 687,545 Excess(deficitj of Total Revenues Over(Under)Total Expendikures (528,463) (755,683) (49&,127) 32,338 Beginning fund balance 2,489,734 2,489,734 Ending fund balance 1,981,271 1,993,607 Page 6 P:1FinancelFor City CouncillCouncil Monfhly ftepor#s1201212012 05 3� repart C1TY OF SP�KAN�VALLEY,WA Budget Year Budgef ta Actua)Comparison of Revenues and�xpenditures Ela sed= 4j,?°/8 For the Five•Month Peeiod Ended May 31,2012 2(1'[2 Ackual Actual thru Budget °!e of Budget iNay 31-May Remaining Budget SP�CIAL REVE�IUE FUNDS-eontinued #103-PAT�i5 8�TRAILS Revenues Motor Vehic�e�uel{Gas)Tax 8,000 0 Q (8,oflb) D.00% Inierfund Transfer-in#i01 (MVFT} 0 0 0 0 #�NIO! Investmant Interest 0 4 96 16 #DIV10! Total revenues 8,OQ0 4 96 (7,984) 0,20% Expenditures IF Transfer for TrailslPakhs Cap Prj 0 0 0 0 #DIVIQ! Miscellaneaus 0 0 0 4 #DIV/D! GapitalOutlay 0 D 0 0 #DIUlO! Total expenditures 0 0 0 0 #[31V101 Revenues pwer(under)expenditures 8,000 4 1fi (7,984) Beginning fund balance 56,0$4 56,084 Ending fund balance 64,084 56,700 #105-HQTEL!MOTEL TAX FU�lD Reven�es FiatellMotel Tax 430,OOQ 52,130 i20,776 (3p9,224) 28,09%4 Investment Interest 700 39 936 (564} 19A9% Subtotal reven�tes 430,700 52,169 120,913 309,T87 28.p7% Ex ep nditu_res Intarfunci Transfers-#f�01 30,000 0 0 30,000 0.�0°/p Tourism Promotion 400,700 id8,411 1�8,411 282,289 28.55% 5ubiotalexpenditures 430,700 148,ai1 T18,411 312,289 27.49% Revenues over(under)expendikures 0 (56,242} 2,501 (622,076) Beginning fund balance 257,932 257,832 Ersding fund balance 257,932 260,433 Page 7 P:1FinancelFar C+ty CouncillCouncii Monthly Reposts124121201 2 05 31 reparf CITY OF SPOKAN�VALLEY,WA Budget Year 8udget to Aetuaf Comparison oF Et�venues and Expendikures Ela sed= 41.7% For the Five-Manth Period Ended May 37,2012 20�2 Aotual Actual thru Budgei %o of Bud ek Ma 31-fula Remainin Bud et SPECIAL REVENUE FFJNaS-caniinued #120•CENTER PLACE OPERATING FtESERV��UM11D Revenues Investment Interest 700 35 744 {560} 19.94% Ir�terFund Transfer 4 Q 0 0 #DIVIO! Totaf revenues 7D4 35 940 (560} 19.94% Expenditures Operations 0 0 0 a #DIVIO! Total expenditures 0 Q 0 0 #�IVlO! Revenuesover(under)expenditu:es 700 35 i40 {560) Beginning fund 6alance 354,787 350,787 �ndtng fund balance 351,487 350,927 #121 -SERViCE LEVEL STABILIZATI�N RESERVE FUND Revenues Investment Interest 'EO,OOD 550 2,169 (7,831) 21.68% Interfund Transter 0 0 0 0 #DIV/O! 7otal revenues 10,000 550 2,i69 (7,831) 2t.69°/a Exr,endifures Operatlons 0 0 0 0 #DIVl4! 7otal expanditures 0 0 0 0 #DIVIO! Revenues over(under)expanditures �0,004 554 2,i69 {7,831)_ 8eginning fund balanc,� 5,432,428 5,432,428 Ending tund balance 5,442,428 5,434,597 #122-WINTER WEATH�R REBERVE FUND Reuenues Invastmentlnterest l04 53 210 (49D} 30.b5% Irtterfund Transfer 4 0 Q 0 #DIVlO! Subtot�l r2v@I1UE5 70D 53 21Q 490 30.a5% Exnenditures Reserve for Winter Weakher 0 0 0 D #DIVIO! Total expendikurea 0 0 0 0 #DIVIO! Revenues over(under)expenditures 7bD b3 211] (490} Beginning#und balance 502,005 502,045 Ending fund balance 502,705 502,215 #�23-CIViC FACI�ITIEB REPLACEMENT FU�iD Revenues lnvestment Inkerest 2,Q00 127 560 (1,500) 25.00% InterfundTransfer-#Q01 397,ODp 33,083 165,417 (231,583) 41.67% Total revenues 399,04Q 33,210 'i65,917 (233,083) 41.58% Expendik�res Capita]Outlay 0 D 0 D #dIVIQ! Total expend�tures Q 0 0 0 #dIV1Qf Revenues over(under}expenditures 399,000 33,210 165,91� (233,083) Beginning fund balance 2,004,848 2,004,848 Ending fund b8lance 2,403,848 2,170,755 Page 8 P:1FinancelFar City Coun�illCpuncil hlfonthiy Reports12012120i2 05 31 report CITY OF SPOKANE VALLEY,WA Budget Year Budget to Actual Gomparison of Rer+enues and�xpenditures EI� Sed= b1.7°/a For fhe F�'ve-lNonth Period�nded May 31,2U12 2012 Actual Actual thru Budget %of Bud et Ma 31-Ma Remainin Bud ef D��T SERVICE FUNDS #204-DEBT SERVICE FUND Revenues Spokane Public Facilities�istrict 432,32Q �51,160 T59,1B0 (281,i60} 34.96% Interfund 7ransfer-in-#3D1 92,652 0 0 (92,652) 0.00% Interfund Transfer-in-#302 92,651 0 0 (92,651) OAO% Total revenues 617,623 151,1&0 451,160 466,463) 24.47% �xqenditures De'bt Service Payments-CenterPlace 432,320 951,160 1 i5,0&0 317,260 26.61% Debi Ser�ice Payments-Roads 185,303 37,651 22,2f}9 163,094 11,99°/'0 Total expenditures 617,623 988,811 437,269 48Q,354 22.23°Jn Rev�rsues over(under)expenditures 0 (37,651) i3,891 (946,8i7) Beginning fund balance 0 fl Ending fund balance 0 i3,891 Page 8 p:l�inancelFo�City Cou�ciflCouncil�llonthly Reports1201 212012 05 3ti report C1TY OF SPOKANE VALLEY}WA Budget Year Budget#a Actual Comparison of Re�enues and Expenditures Ela sed= a1.7% For the Fi�e-Month Period Encled iUlay 39,2012 i 2012 Actual Actual ti�ru Budget °10 of Budget M�y 31-May Remaining �udget GpPITAL PROJL�CTS FUN�S #3U1 -CAPIZAI.PR4JECTS FUND Revenues REET 1 -T�xes 475,000 43,179 130,260 (394,72D) 27.43% Investment Inte�est 4L0 69 273 (127) 88.18% Interfund Transfer-in-#303 0 D 0 0 #DNf�! Total revenues 475,�400 43,248 13D,553 (344,647) 27.46% Expenditures Interfund 7ransfer-out-#204 92,652 0 0 52,652 O.�Q% Interfund Transfer-out-#303 363,627 0 115,977 247,650 31.8$% Total expenditures 456,279 0 i 15,977 340,302 25.42% Revenues pver{under)expenditures 19,12i 43,248 14,57& (685,149) Beginrring fund balance 772,072 772,072 Ending fund balance 791,193 786,648 #302 SPECIAL CAPITAL PRC)JECTS FUND Revenues REET 2-Taxes 475,000 43,179 i34,280 (344,720) 27.43% lnvesime�t Interest 2,000 166 420 (1,580) 26.98%¢ Interfund Transfer-in-#3D7 0 Q 4,393 �4,393 #�fV10! Totalrevenues 477,000 43,285 'i35,493 (341,907) 28.32% Expenditures lnterfund 7t2n�fer-dut-#101 � 0 0 0 #DIUIO� Interiund Transfer-out-#2Q4 92,65i 0 0 92,651 0.00% inierfundTransPer-out-#303 1,A48,059 0 27,276 1,420,783 1.88°!0 Interfund Yransfer-out-#307 0 Q 0 0 #D�VIO? Interfund Transfer-out-#308 0 0 0 d #pIViQ! Tatal expendi#ures 1,540,7i0 0 27,276 1,513,434 1.77% Revenues over(under}expenditures (1,063,710) 43,285 107,817 1,( 555,342} Begfir�ing fund balance 1,630,303 �,634,303 Ending f�nd balance 566,593 i,738,120 Page 1� P:1Financelfor Ciky CfluncillCounc�l Monthly Reports1201212012 05 31 report CITY OF SPOKANE VALLEY,WA eudget Year Budget to Acfual Comparison of Reve��ues and Expenditures �la sed= 4�.7%0 For the Five-Monkh Period Ended May 31,2012 2412 Actual Rtkual thru Budgek %of Bud et Ma 31-Ma Remainin Bud et CA'�4TAC.PRO.lECFS FLINDS-cantinue@ #303 STREET CAPITAL PRUJEC75 FUND Revenues Grant Proceeds 7,828,148 312,419 190,353 (7,637,765} 2.43'% Developer Cantribulion 275,004 0 0 (275,000) 0.00% Miscellaneous 0 100 1,500 1,500 #DIV14! Interfund Transfer-in-#fl01 89,000 23,429 23,429 (65,571) 26.32% Interfund 7ransfer-in-#101 0 0 (11,205) (11,205) #❑IVlO! Interfund Transfer-in-#301 3fi3,627 0 115,977 (247,690) 31.89% Interfund Transfer-in-#302 1,448,059 0 27,276 (1,420,783) 1.88% Interfund Yransfer-in-#311 811,0�0 28,441 215,739 (591,26i) 27.09%4 Interfund Transfar-in=#401 0 0 0 0 #DIV10! Interfund Transfer-in 4 Q 0 0 #dIVl01 Tatalrevenues 10,814,804 164,389 557,068 ib,247,736 5.24% Expanditures 005 Pinesl�Aansfield,Wilbur Rd.fo Pines A63,3i2 164 9,679 453,633 2.09% 060 Argonne Rd Corridor Upgrade SRTC D6-31 802,792 25,472 8fi,658 716,134 10.73% 061 Pines{SR27}1TS Imporvement SRTC 06-28 1,786,201 35,974 53,343 1,712,858 3.02% 063 Broadway Ave Saf�iy Project-Pines 4 0 1,7�47 (1,747) #DNIQ! 065 SpraguelSullivan 4 0 (7,240) 7,240 #DlUl4! 069 Park Road Reconstruction#2 Q a 139 (139) #aaV�fl! 112 IndianaAvenueE�ension 0 1,325 9,96� (9,961) #DiVlf}! 113 IndianalSullivan PCC Intersection b 0 1,277 (1,277) #�Dfw10i 115 SpraguaAv�Resuriacing-�vergreen ta Sullivan 1,582,000 8a,$34 194,382 1,387,�18 12.29°JQ 123 Mission Ave-Flora to Barker 3Q0,04b 4 i09 299,891 fl.04°1a 141 Sullivan&Euc�id PCG 26,289 0 6,735 19,554 25.62°!0 142 Broadway@ArgannelMullan 138,150 538 �68 i37,185 fl.70% 145 5po4cane Valley-Millwood Trail 447,000 837 3,686 443,314 0.82% ta6 24th Ave Sidewalk-Adams to Sullivan 278,520 9,542 �6,562 261,958 5.95% 148 Greenacres Trail-Design 80,��0 196 2,816 57,185 4.69°Jo 149 Sidewalk9nfill 398,250 1i,8�}7 58,000 344,250 14.56% 951 Green Haven ST�P 0 2S4 998 (998) #DIV10! 3�4 Side�nralk&TansitStopAceessfbiliiy 182,290 8,182 71,361 170,929 6.23% 155 Sullivan Rd W Bridge Replacement 64CV,fl00 74,514 �46,183 453,817 24.36d/o 15fi Mansfisld Ave. Connection 738,000 797 1,541 73&,459 0.21% 159 l7niversity Rd 1 I-90 Overpass Sfudy 284,d00 0 0 284,000 0.00% 157 Tempprary Sullivan Bridge Repairs 200,000 710 192,008 7,392 96.00% 180 Evergreen Rd Pres. lfith-32nd S59,OQ0 8,259 68,610 890,390 7,15% Contingency 1,500,000 0 0 1,500,000 d.00% Total expenditur�s 10,725,804 264,405 859,52Q 9,$66,284 8.01°!0 Revenues over(under)expenditures 89,000 (140,Oi7} (292,452) (2Q,114,02(1) Beginning fund balanCe 7�,646 73,646 Endin�fund balanc� 162,646 (218,806� Page 11 P:IFinancelFar City CouncillCouncil Monthly Reporls1209212012 05 31 repo�t CITY OF SPOKAN�VALLEY,WA Budget Year 8udget ta Aclual Comparison of Revenues and�xpenditures E!a sed= 41.7% For the Five-Montfa Period Ended May 31,2012 2012 Acival Actual thru Budget %Qf Sud et Ma 31-Ma Remainin Bud et CAFiTAL�'ROJEC'6S FfJNDS-contfnued #3Q4-MIRABEAU PROJEGTS FUND Revenues 0lhar Miscellaneous Revenue 0 0 Q 0 #dIV10! Ir�veskment Interest 0 3 11 19 #DIWIQ! Total revenues 0 3 11 11 #�IV10! Expenditures CapitalOutlays 0 0 0 0 #QIV14! 7ransfers 0 0 0 0 #DIV/O! Tota!expenditures 0 b 0 0 #�IVIQ! Revenues over(under)expenditures a 3 T t 11 E3eginning ft�nd balance 44,347 44,347 Ending fund balance 44,347 44,358 #307-CA�17At GRANTS FUN� Revenues Grant Rraceeds a 0 1$2,332 582,332 #DIVlO! Miscellaneous 0 0 a a #DIVIO! Intertund Transfer-in-#302 Q 0 a a #�IVlO! InEer(und 7ransFer-in 0 0 4 4 #DIVI01 7'ofal re�enues D 0 182,332 982,332 #DIVIO! Expenditures 069 Braadway-19d to Park Road(Trans to#3d2) 0 d 4,393 (4,393) #DIVIO! 0$8 Braadway-Moore to Flora 0 4,180 4,469 (A,a69) #dIV10! Total expenditures 0 4,180 8,862 8,862) #DIVIO! Revenues over(under)expenditures 0 (�,t&0) 173,470 191,194 Beginning fund balance 14� 147 Ending Fund balance 147 173,617 Page 12 P;1FinancelFor Gi�y CouncillCauncil iNonthly Repo�ts12 0 1 2120 1 2 Ob 31 report CITY OF 5PC7KANE VALLEY„WA Budgef Year Budget tv Actual Cflmparlson of Revenues and Expend3tures Elapsed= at.7°io For the Flve-lNanth Period Ended�4Ilay 33,2012 i 20�2 Actual Acival Ihru Budget %of Bud et Ma 31-!Na Remai�ir� Bud et �A'PpTAL F'RC3.fECT5 FUNdS-contin�ed #308-BARK£R BRI�CnE FUND Revenues Grant Proceeds � 0 0 0 #a]VIO! �eveloper Contribution 0 0 0 fl #DIVIO! Interfund Trans#er-in-#302 0 b 0 0 #�IVIO! Total revenues 0 4 4 0 #DIVlO! Expenditures #DIV10! 8ridge Reevnstruckion 0 0 0 0 #�1Vl0! Total expenditures 0 0 0 0 #D1Vl0! Reuenues o�er(under}expenditures 0 a 0 0 8eginni�g furtd ba�ance p 0 �Ending fund balance 0 0 #309-PARKS CAPITAL PROJEGTS FUN� Revenues Grant Proceeds 0 0 0 a #DIVlO! Interfund Transfer-9n-#0�� 100,{}00 $,333 41,867 (58,333j 41.67% Investmenf Interest 0 48 224 224 #DIVlQ! Toial revenues 104,400 8,382 41,891 (59,149) A1.89% Expenditures Terraee View Park Shelter d 0 0 0 #D1VI0! Terraee View Park Piay Equi�ment 12�,000 0 0 120,00� O.Ob°/a Contingency 50,a00 0 0 54,000 0.00%a Greenacres Park 0 167 167 (1S7) #DIVIO! Ualley Mission Park 0 Q 0 0 #b1Vf4l Disc�very(Universal)Park 4 0 0 0 #DIVIO! Terrace View Playground Upgrade 0 Q Q 0 #�IVIO! Total expenditures 170,pOd 167 167 169,833 0.1d°/a Revenues over(under)expenditures (70,OD0} 8,216 41,724 (22T,943) 8eginning fund balanca 411,151 411,151 Ending fu�d halance 341,151 452,875 I Page 13 P:1FinancelFor City CouncillCouncil Monthly Reports1201212012 05 31 re�art C1TY OF SFOKAIVE VALL�Y,WA Budget Year Budget to Actual Comparison of Revenues and Expenditures Ela sed= 41.7°Ja For the F�ve•Month Feriod Ended May 39,20�4� 2012 Acival Actual thru Budget %of Budget May 31-Nlay Remaining Budget CAPITAL PROJ�CTS FUNpS-continued #310-CIVIC FACILITIES CAPITAL PROJECTS Fl1ND FZevenues Enterfund Transfers 0 D 0 Q #DIVIO! {nuesirnent Interest 6,000 �310 1,633 (4,367) 27.22% TQfal rer�enues 6,Ofl0 410 1,633 4,367) 27.22% Exasnditures Ir�kerfund Transfers-aut-#001 Q fl D 0 #DIVIO! Capital-West Gataway at Thierman 120,0q0 0 0 '�20,000 0.00%a Balfour Park Purchase 0 12,789 13,508 {13,508) #DIV10! WastGatewayati'hierman 4 1,811 1,811 (i,8�1} #DIVlO! Facilities 0 0 p 0 #DIVIO! Total expenditures 120,000 94,600 15,319 iO4,681 12.77°/a Revenues avec(under)expenditures (114,004) (14,190) (13,885} (109,448) 8eg�nning fund 6alance 3.856,624 3,856,824 �n�ing iund balance 3,742,624 3,842,939 #3�1 -STREET CAPITAL IMPROVEMEI�TS 2019+ Revenues Miscellaneous 0 25Q 250 250 #DIVIO! Interfund Transfers in-#041 (xx/}$2smm) 0 0 0 0 #DIVlO! Inv�skment Inlerest 2,200 0 0 12,200} O.QO% Total revenues 2,20Q 254 250 {4,950) 11.36°fo Expenditures Faciliiies 0 (} 0 D #DIV/O! 2�12 Strest Preservation (} 9,Q23 1Q,943 (40,943) #DIVIO! Interfund Tcansfers-out-#3a3-Sullivan 200,OOQ 0 991,298 8,702 95.65% Interfund Trar�sfers-out-#303-�vergrean 111,004 28,441 2&,441 82,559 25.62% Totalexpenditures 31t,004 37,464 230,fi83 80,3i7 74.17% Revearues over(under)�xpersditures {3Q$,8fl0) (37,214) (23t],433) (82,257) Beginning fund balance 1,084,681 i,084,681 Ending fund balance 775,�81 854,248 Page 14 P:IFinancelFor Ciky C�uncillCouncil Monthly Reports12012120i2 Q5 31 report GITY OF SPOKANE VALLEY, WA Budget Year } Budget to Actual Comparison of Revenues and Expenditures E�a sed= 41.7% For the F�ve-Month Periad Ended May 31,2fl12 2012 Acival Actual thru Sudg�t %of Bud et Ma 31-Ma Remainin Bud et ENTERP€�1SE FUNpS #402-STC}RMWATER FUND RECiJRRING ACTIVITY Revenues 5tarmwaterManagementFees 1,T60,000 661,494 786,239 (8&3,761) 44.93% Investment Interest 5,000 i57 620 (4,380) 12.39% Miscellaneous Q 0 57 57 #DIV/Of Total�tacurring Revenues 1 755,000 661,571 786,915 (968,085) 44.84% Expendiiures Wages J Benefits 1 Payrall Taxes 438,614 28,261 157,016 281,598 35.84% Supplles 32,540 1,702 3,539 29�001 iR.88% Services&Charges 1,244,287 142,42a 223,919 1,020,388 18.00% Intergov�rnmentallPayments 23,000 11,923 11,926 11,074 51.85% Interfur�d Transfers-out-#Ofl1 15,000 1,25Q 6,250 8,750 �41.67°l0 Interfund Transfers-out-#542 0 131 653 (653) #DNIO! Total Recurring Expenditures 1,753,441 185,687 4fl3,303 1,350,138 23.00°l0 Reeurring Revens�es dver(Under} Recurring Expenditures 1,559 475,8g4 3B3,6i2 3$2,053 NONREC�IRR1iJG ACTIVITY Revenues Grar�t Proceeds 153,667 0 3,428 (150,239) 2.23% InterFund i"ransfers-in-#10t (shop recilrty} 0 4 0 0 #DIV10f Total Nonrecurring Revenues 153,667 (7 3,428 150,239 2.23%a �7menditures � Interfund Transfers-out 0 0 0 0 #dIV101 Contracted maintersance 4 0 0 0 #DI1J10! �iv.p55 NPDES-Phase 11 pragram dev. 0 0 0 0 #DIV10! Capital-various projeets 400,004 1,242 18,781 389,219 4.70% Shop Fac�lity 0 0 0 0 #DIVIO! Interfund Transfers-out-#1 Cl1 0 0 0 0 #�IVIQ! 7ofal Nonrecurring Expenditures 400,000 1,242 i8,781 381,219 a.7Q°!o Nonre�urring Revenues Over(Under) Nonrecurring Expenditures _ (248,333) (1,2�2) �15,3� 230,979 Excess(deficit)of Total Revenues Over(lJnder)Tota4 Expenditures [244,774) 474,643 368,2a9 fi13,433 aeginning working capital 2,382,660 2,382,8fi0 �ndingworking capital 2,137,886 2,754,919 Page 15 R:1FinancelFar City CounciltCouncil Monihly Reports1201212012 05 31 �eport CiTY OF SPiDKANE VALLEY,WA Budget Year Budget ta Actuai Comparison of Ftevenues and�xpenditures Elapsed= 41.7% For the Flve-Month Reriod Eneted May 3'[,2012 2012 Acival Acival Cfirru Buclget %of �udget May 31-May Remaining Budget ENTERPRISE FUNDS-continued #403-AQUIFER PROTEGTIO�J AREA Reuenues 5pokane County 50�,400 0 0 {5pp,400) 0.00% Inuestmen�Interest 2,500 0 0 (2,500) 0.00% Tota1 revenuas 502,544 0 0 502,5Q0 0.00% Expertditures Facilities 630,004 5,301 5,301 624,699 0.84% TotaR expendiiures 630,000 5,3Q1 5,301 624,699 0.84% Revenues aver(under)expenditures {127,504) (5,301) (5,301) (1,127,199) Beginning working capital 417,326 417,326 Ending work8ng capital 289,826 412,025 Page 16 P:iFinancelFar City CouncillCoun�il Monihly Reparls1201212012 05 31 report CiTY OF SFOKAN�VALLEY,WA eudgek Year Budget fo Actuai Comparison of Revenues and Expend�tures �la S2d= d1.7% Far the Five-Manth Periad Ended May 31,2072 20�2 ACtual ACtu31 thru Budgst %of Bud et Ma 31-Ma Remainin Bu� �t INT�RNAL SERVIC�FUNdS #501 -ER&R FUND Reuenues Interfund Transfer-in-#001 Q 1,612 8,060 8,0&4 #DIVl4! lnterivnd Transfer-in-#1�1 (plaw replace.} i00,Q00 8,333 41,666 (58,334) A1.67% ]nvestment Interest 0 93 366 366 #DIVIO! Total ravenues 100 000 30,038 50,092 (A9,908) 50.D9%o Expenditurss Corriputer replacement lease 0 0 0 Q #DIVI01 SoftwarelHardware replacement 0 0 0 Q #DIVIO! Vehicle Replacement 0 0 0 0 #DIVIO! Capi#al0uk�ay 0 0 0 0 #DIVIO! Total expenditures 0 0 0 0 #❑IVi01 Revanues over(under)expenditures i00,Q00 10,038 50,092 (49,9fl8) Beginning working capital 932,335 932,335 Ending working capital 1,032,335 982,427 #502-filSK MANAGEM�NT FUND Revenues fnvestment Interest 0 1 2 2 #�IV/O! fnterFundTransfer-#001 319,0q4 26,563 132,997 (i86,Q83) 41.67% Total reve�nues 319,OQ0 26,584 132,939 (18fi,p81) 41.67% Expenditures SBNiCSS&Ch�rgES 339,0(30 0 255,1$5 63,$15 84.00% Tota!ex�enditures 3�9,Oa0 0 255,'i85 63,81b 80.00% Revenues over(under)expendiiures 4 26,584 (122,266) (249,898) Beginning worlcing capilal 30,590 30,590 Ending working capikal 30,59Q (91,676) Page i 7 P:1FinancelFor City CounciflCouncil Monthly Reports1201212Qi2 05 31 report CITY OF SPOKANE VALLEY, WA 611 912 0 1 2 Investment Report For the Mon#h of May, 2012 Tat�l L.GIP* BB CD 2 BB CD 3 Invest�nent$ Begin�ning $ 42,895,900.82 $ 3,Q23,651.45 $ 2,004,438.36 � 47,923,990.�3 Deposiks 1,653,(}1&04 0.00 0.00 1,653,018.04 Withdrawls 0.00 Q.00 (8,180.41) {8,180.41) Interest 5,264.07 0.00 3,742.0� 9,00�.12 Ending $ �4,554,182.93 $ 3,a�3,B51.45 $ 2,�Oa,004.00 $ 49,577,834.38 mafures: 6128/2012 9 9f412�012 rate: 9.05% 0.35% Earnin s Balance Current Period Year to date Bud et 001 General Fund �a 30,729,79Q.38 $ 5,860.31 $ 22,731.38 $ 145,000.00 109 Street Fund 2,882,929.26 306.11 1,146.75 S,OO�.QO �03 Trails& Paths 37,866,17 �4.02 15.$7 0.4Q 105 H�ateflMotei 366,665.78 38.93 136.44 700.�� 120 CenterPlace Ope�at�ng Resenre 333,497.98 35.37 139.57 7QO.a0 121 Serv�ce Level SEabilization Reserve 5,175,808.22 549.57 2,168.54 10,(}OO.OQ 122 Winter Weather Reserve 502,0�5.59 53.31 2�0.34 700.00 123 Civic Facilitaes Replacement 1,193,�31.24 126.72 500,03 2,aQ0.�0 3�1 C�pital Projects 650,981.80 69.12 272.75 A{10.00 302 Special Capital Projects 1,001,583,48 '�06,35 419.64 2,aQ0,00 303 Skreet Capital Projects Fur+d 0.00 0.00 O,QO O.UO 304 Mirabeau Point Prflject 26,4�7.74 2.81 11.08 0.00 307 Capital Grants Fund 0.00 0.�00 0.00 0,00 3�9 Parks Capital Project 463,284.3fi 49.09 224.21 0.00 310 Civic Buildmgs Capital Prajects 3,856,641.26 409.50 �,633.32 6,aoa.00 311 Street Gapital �mprovements �011+ O.OQ 0.00 0.00 2,204.00 4Q2 Stormwater Management 1,479,066,11 157.05 519.70 S,OOQ.aQ 443 Aquifer Pratection Fund 0.4� 0.0(} 0.00 2,504.04 501 Equipment Rental & Replacerr�ent 873,119,53 92.7� 365.82 4.00 5fl2 Risk Management 5,085.78 0.54 2.93 0.00 $ 49,577,$34.3$ $ 7,861.51 $ 3{�,597.57 $ 182,200.OQ �Local Gauernrrzent lnveskment Rool Page 'E8 P:lFi�ancelFor City CouncillCouncil Monthly Reparts1201212012�5 31 report ClTY(7F SPOKANE VALLEY,WA 61�912012 Sales Tax Receipts Comparison of 701'i and 2012 Mont� DiFference Received 20'i 1 2d12 $ % February 1,658,'132 70 1,792,084.16 133,951.46 8.08% March 1,136,948.29 1,145,747.�5 14,799.16 1.31% Apr�l 1,149,�418.90 1,208,053,$0 58,634.90 5,1�°!0 May 1,45�,954.2$ 1,440,245.09 (11,7D9.277 (0.81°/a) 5,390,454,17 5,566,134.42 195,67625 3.63°10 June 1,345,333.29 OAd� July 1,415,9�1.55 0.00 August 1,52�,766,�9 4.04 September 1,448,728.86 OAO Octaber 1,464,653.6[1 0.0� November 1,463,313.06 4.00 Deeember 1,389,684.76 0,0{} Jattuary 1,490,b52.03 0.00 16,841,447,41 5,566,130.42 Sales tax receipts reported here reflect remittances far genaral sales tax, criminal justice sales tax and public safety kax, T�e sales tax rate for retail sales transact�d witi�in the boundaries af the City of Spokane Vaffey is 8.7%. �he tax that is paid by a pu�chaser at khe point o#sale is remitted by the vendor to t�e Washingtan State De�ar#ment of Revenue who then remits khe taxes back io the various agencies that have imposed tne tax. fihe allocation of the total 8.7°lo tax rafe to the agencies is as follows: - State of Washington 6,50% - C�ty of Spokane Valley 4.85% - - �pokane County 0,15% - Spokane Pu61ic Facilities Dislrict 0,1�% ' - Crm�nial Justice 0.90% * - Public 8afety 0.�0% " 2.24°!0 local tax - J�ivenileJail �.'1Q% * - Mental Healtt� 0.10% * - Law �nforee�nent Communications 0.1Q% * - Spakane Transit Authority 0.60% * 8.70% * Indicates voter approv�d sales faxes ln addition to the .85% reported abo�e that the City receives,we also receive a portion of the Grlminal Justice and Public Saf�ty sales taxes, 7he distribution of those taxes is camputed as follaws: Criminal Justice: The tax is assessed counly-wide and of the total collected, the State distributes 90% of the r�ceipts to Spokane County,with the remainder � a9ioealed on a per capita b�sis to the County ar�d the cifies wifhin the �ounty. Pu�lic Safetv: The tax is ass�ssed counky-wide and af fhe total collected, the State distributes 6Q% of the recaipfs to 5pokane Gounty,with the rerr�ainder allocated an a per capita basis to the cities within the County. Page 19 CITY flF SPQKANE VALLEY,WA Sales Tax Collections- April For ihe years 2003 through 2Q12 IISV-FS21UserslmcalhounlTax RevenuelSales Taxr2Q1212012 sales tax coAections �� � �'� 5/29/2012 2Q12 to 2091 DifFerence 2003 2�I]4 2005 2006 2007 20i?8 2009 20iD 2011 2Q12 $ January 0 1.'145.888 1,367,929 1,572,6q9 1,759,531 1,729,680 1,484,350 �,491,D59 1,480.548 1,589,887 '129.339 February 0 962,431 917,747 �,Q68,743 1,155,947 1,i29,765 1,a98,575 963,749 990,157 1,pQ9,3$9 19,232 March fl 909,472 1,015,573 �,072,33d 1,196,575 1,218,61i 1,468,811 1,018,468 1,D15,762 1,067,733 51,971 April 4 1,p8Q,745 'C,322,d7D �,371,03d 1,479,6p3 1,423,459 't,134,552 1,1$4,137 1,284,1$0 1,277,621 (fi,559) ColleCted to d�te 0 4,[}98,536 4,623,319 5,084,712 5,591,656 5,502,5�5 4,78fi,288 4,657,a13 4,75Q,647 4,944,630 May 519.9�}3 4,263,1i6 1,159,647 '1,392,111 1,353,013 1.243,259 1,098,054 1,102,523 i,187,737 0 June 747,4$6 i,123,17� 1,212.683 1,362,73i 1,428,$6$ 1,386,948 1,159,772 1,123,907 1,248,218 0 J�ly 821,741 'i,301,359 1,377,753 1,555,124 1,579,58fi 1,519,846 1,309,401 1,260,8i3 4,332,834 0 August 1,3Q6,427 '�,162,356 1,395,952 '1,405,983 1,516,324 1,377,943 1,212,531 1,2'11,450 1,279,500 0 September 1,390,�L52 1,ifi0,787 1,372,081 1,487,155 1,546,7D5 1,364,�fi3 1,227,$13 1,191,558 1,294,403 0 dctober 1,972,591 'l,274,680 'i,520,178 1,526,91Q 1,601,038 1,344,217 1,236,493 1,269,505 i,291,217 0 November 963,163 '1,091,729 1,d95,566 1,369,94d 1,44�,843 1,292,327 1,155,647 1,139,058 'f,217,933 0 Deeember 973,5fl5 1,d85,827 i,286,191 1,366,281 1,376,434 1,129,Q50 1,070,245 1,141,q12 �[,247,920 0 Total Collections 7,895,308 13,569,613 15,043,348 �E6,55Q,953 17,437,467 15,16�[,Q28 14,248,244 i4,097,299 14,850,409 4,944,630 BudgetEstimate 9,�d0,DOD �1,000,000 1i,280,OQ0 16,q02,040 �7,466,$00 17,115,$OD 17,860,004 14,410,D(}0 14,210,D00 14,21fl,000 Actual over(under)budg (1,?d4,692) 2,56i,613 2,783,348 54$,953 {29,333) (954,772) (3,611,756) (312,701} 640,4Q9 (9,265,370) Tota[actual co]lections as a%Df tot�l budget 86.76%a 123.29°k 122.50°/a i 03.43% 99.83% 94.q�% Y9.78°/a 97.83% 104.5�i% °�change in annual tOEel COIIeCted Na 71.77°�6 `10.93% 10.02% 5.36% (7.32%) (11.$4%) (1.66%) 5.34°/'0 nJa nla °fo of budget collected th�OUG�h Aprfl 0.00°/a 37.26°� 37.65% 31.78% 32.d1% 3�2.15% 26.8a% 32.32°!'0 33.43°/a 34.80% °,b of actual total collected Fhrough Apr�l O.�b°/o 30.22% 30.73% 30.72%a 32.b7% 34.l.15% 33.59°Jn 33.04% 31.99%a Na Chart Reflecting History of Collections through the Month of Apri1 193,983 °IO $.86% 1.94% 5.12°l0 (0.51°Jo) 4.08°1a Page 20 11SV-F521UserslmcalhounlTax RevenuelLodging Tax1201211 Q5 hotef motel tax CiTY OF SRQKANE VALLEY,WA HotellMotel Tax Reeeipts through- April {�ctual for the years 2003 through 2012 1'�'� 2003 20Q4 2005 2006 2007 2008 2009 2010 2011 2012 ,fanuary 0.4U 16,993.58 24,691.03 24,653.49 25,137.92 28,94fi.96 23,280.21 22,706.96 22,212.21 21,442.32 February 0.00 18,161.04 19,976.81 24,946.09 25,314.68 24,fi23.06 23,283.95 23,416.94 22,792.14 21,548.82 March D.00 18,182.U1 22,&2&.15 24,30&.48 29,190.35 27,5Q9.99 25,272.p2 24,232.35 24,611.28 25,654.64 April O.A4 26,$97.82 29,74$.41 34,371.82 37,95U.53 4Q,40fi.02 36,253.fi3 39„463.49 38,230.49 52,130.37 Collected to date 0.44 SQ,234.45 83,�44.40 140,279.88 117,589.46 121,486.�3 108,089.81 109,819.74 107,846.12 120,776.15 May 11,527.32 16,440.37 29,017.Fa6 32,522.06 31,371.U1 36,828.53 32,588.80 34,683.32 33,790.69 U.UO June 32,512.11 53,284.01 35,330.35 34,256.71 36,267.�7 46,&59.88 40,414.59 39,935.36 41,403.41 fl.o4 .luly 38,584.a8 42,12p.26 43,841.&2 49,7Q4.62 56,2$1.99 50,421.37 43,950.2fi 47,385.1$ 49,311.97 0.00 August 54,974.74 43,649.84 46,852.10 45,916.16 51,124.70 50,818.35 50,146.56 54,922.99 57,451.68 0.40 September 30,718.23 39,394.66 46,746.18 50,'126.53 57,260.34 60,711.89 50,817.62 59,418.96 58,908,16 0.44 Octoher 3fi,960.11 33,4U4.62 34,966.85 38,674.17 43,969.74 38,290.46 36,784.36 41,272.35 39,028.D8 O.OU November 23,D44.56 32,176.61 26,089.36 36,417.11 36,340.64 35,582.59 34,054.79 34,329.78 37,339.36 0.44 Deeember 28,825.3d 23,142.7U 31,740.18 29,147.15 31,377.41 26,290.11 27,131.43 26,77fi.84 32,523.19 U.00 Tota�Colleetions 257,142.85 363,443.52 387,828.90 417,484.39 461,578.36 467,p89.21 423,978.22 448,544_52 457,602.66 1�0,776.16 Butiget�stim�te A19,aaa.ao 38fl,4(�4,00 436,827.00 354,OOC►.00 444,444.04 4fl0,00D.�0 512,OOd.dO 38Q000.00 480,00(1.00 43Q,Qp4.44 Actuaf a�er(under)budg (1fi1,857.15) (16,556.48) (48,998.10) 6?,U84.39 61,578.36 67,Q89.21 (88,d21.78} 68,544.52 (72,397.34) (309,223.85) 7otal actual colfections as a%of total budget fi1.3i% 95.64% 88.7&°/a 119.17°/4 115.�9% 116.77% 82.81% 118.04°la 95.33% %change in annual total ColleCted �Ia 41.34% 6.71% 7.54°/a 14.67% 1.19% {9.23%) 5.79% 2.02°l0 n!a nla °Jo of 6udget collected YhroughA,7fll 0.00% 21.11% 21.35% 2&.65% 29.44°/n 30.37% 21.11% 28.90% 22.47% 28.�09°Jo %of actua[to#aI collected through April fl.DU% 22.{}8% 24.04°/a 24.{l{L% 25.48% 26.01% 25.49% 24.48% 23.57% nla Chart Reflecting History of Colleetians through the Month af Apri! 5I31I2012 2012 to 2011 alfFererree $ % (77Q) (3.4i%) {1,243) (5.�16%) 1,443 4.24°/a 13,904 36.36% 12,930 11.99% Page 21 11SV-�S21Use�slmcafhounlTax RevenueSREET12Q121301 and 302 REET CITY OF SPOKANE VALLEY,WA 6/1 512 0 1 2 15t and 2nd 914%REET Collections thraugh Apri1 Actual for the years 20U3 through 24�2 January Febru�ry March April May June Ju]y August Sepkember October No�ember December Tatal distributed qy Spokane County Budget estimate Actual o�er(under}budget Total aetual colledions as a%of total budget °!o change in annual total collected � zo�2 to zaii Differenc� 2003 2004 20�5 2QOfi 2007 200$ 2009 241D 2011 2012 $ % 4.00 119.387.05 147,819.56 232,894.16 228,896.76 145,963.47 55,2$1.25 59,887.�8 63,7Q4.64 46,358.75 (17,346) (27.23°k} 0.00 83,795.78 12$,0$2.35 172,154.72 129,919.79 159,503.34 �45,1&0.53 6d,129.61 36,443.36 56,114.86 19,672 53.98°Ja O.Od 195,121.93 198,013,0� 182.065.7'� 263,834,60 132,429_6fl 73,306.8� 86,204.41 95,3$5.38 i1,729.57 (23,656) (2A.$4%) 112,721.05 144,16721 192,012.44 173,796.61 219,7$7.U8 128,366.$9 81,155.83 99,507.i9 79,6$1.38 $6,357.14 �,676 $.3$% 112,721.fl5 542,471.97 665,927.44 7fi0,911.20 8�4,438.23 566,263.14 254,924_47 309,720.29 275,214.76 260,Sfi0.42 (14,654) (5.32%) 136,9$2.04 155,089.15 240,7fi5.59 306,$71.66 222,677.17 158,506.43 77,463.58 Z09,190.51 �24,fi91.60 0.00 159,923.98 177.702.06 284,268.67 226.526.64 257.477.05 164,771.48 105.020.98 105,6$0.28 81,579.34 0.�0 156,636.66 197,046.43 209,350.53 2,iQ4.30 323,945.47 217,942,98 122,530.36 84,790.14 79,629.06 0.00 198,506.47 171,521.07 25$,631.50 451,7DU.06 208,039.$7 132,909.28 �15,829.6$ 72,630.27 129,472.44 0.00 190,932.75 176,0�2.43 2�4,738.94 188,066.23 153,037.2� 139,240.36 93,862.17 75,892.10 68,U19.83 O.QO 155,243.97 199,685.81 244,590.31 21'[,Q91.20 206,4A292 355,655.60 113,960.52 $2,733.97 61,396.23 0.�0 115,054.43 151,219.02 190,964.73 139,979.09 191,8d5.53 147,875.{10 132,$$9.49 72,02i.24 73,176.83 flA0 111,7$8.66 173,502.55 159,351.40 ifi1,285.23 179,567.77 96,086.fl0 71,365.6Q 60,874.34 65,a77.29 0.00 1,337,79D.0� 1,94A„240.49 2,46&,699.91 2,4d8,535.61 2,577,431,22 1,979,25Q.23 1,087,838.85 969,450.14 958,�57.3$ 260,560.42 1,127,i12AD 1,680.Od0.D0 4,006.361.D0 2,000,000.00 2,000,006.00 2,Opp,4�U.00 2,UOQOO�.D9 7fi0,000.06 800,000.00 954,QD0.00 21Q678.0� 264.2d0.49 (1,537.741.$9) 44$.535.61 577',431.22 z8,749.77 912,161.15 2p9,45D.94 158,257.38 6$9,439.58 9�8.69% 115.73°/a 61.62°/a Z22.43°/n 12$.87% 98.56% 54_39°/a 127,56% 119.i$% n13 nla 45.33°/a 2$.97°/a (0.$1%) 5.26% {23_52°10) (44.81°lo) (1 Q.88°/a) {i_15°10} ►11a %Of blld�@t COIIEC�2d through April '[Q.40°/a 32.29% 1fi.62% �a.os�io 41.72% 28.31% 12.75°Jo 40.75% 34.40°/a 27.43°/a °,/o oF actual tatal col[ected thCOUgh ApTil 8.43% 27.90% 26.9$% 31.0$% 32.37% 2$.73°10 23.43°/a 31.95% 28.72% [tla CharY Reflecting History of Gplleciions thraugh the Month of April Page 22 \�,SV-F52�Users�mcalhounl,Sonds'�debt capacity CITY 0� S�POKAN� VALL�Y, WA 3/22/2012 Debt Capacity 2Q11 Assessed Value for 2012 Prv�erty Tax�s 7,Q87,523,395 Maximum Outstar�ding Remaining Debt a�of Debt °lo Capaci 12f3112019 Capacity utilized Voted (UTGO) 1.00% oP assessed�alue 7�,875,234 0 70,875,234 0.00% Nanvaked 4LTGQ} 'f.50% of assessed value 1�6,312,851 7,930,000 98,382,8�1 7.46% Voted park 2.5Q% of assessed value 177,'f88,085 0 177,188,Q85 0.00% Voted utility 2.5p% of assessed valu� 977,'f88,08� 0 177,188,085 O.00l% 531,564,255 7,930,Q00 523,634,255 1.49% 2003 LTGD Bonds Raad & Period Street y Ending �snterPface Improvernen�s Total 121112D04 60,000 85,0 0 145,000 'i21112005 T5,00� 90,0 0 165,000 'i2/112006 85,000 90,00 175,004 Bands 12/112Q07 90,000 95,00 185,000 Repaid __ 1211/2008 95,000 95,00 190,000 'i211l2009 105,000 100,00 205,000 'i21112010 190,000 100,Q00 210,Q00 1211f2091 12Q,000 �05,Q00 225,�00 740,000 760,OOQ �,5Q0,000 1211/2092 130,OOD 110,fl00 240,aoa 12/1/2013 140,QOQ 115,000 255,004 12/112014 15Q,UQ0 120,000 270,004 12/1/2015 160,a0� 125,000 285,000 121T12016 170,OUD 130,000 300,000 12/1/2017 18�,000 135,OD0 3'f 5,004 32/4/2018 220,00� 140,000 360,004 �211f2019 250,fl00 145,000 395,000 �2I112a20 290,000 15fl,000 �4�40,000 121'f12021 325,400 16{�,�00 485,000 Bands 12I112022 360,Q00 165,000 525,000 Remaining __ 121'i12023 445,fl00 175,000 580,OOa 1211/2024 450,fl00 0 460,004 12I1J2025 490,000 0 490,OQQ 12/112026 535,000 0 535,OQ0 1211/2Q27 430,000 0 430,000 12/112028 34(},000 p 340,000 12/1/2429 296,000 D 295,000 12f11�030 28Q,000 0 28Q,OQ0 12f112031 24(},�Op a 240,000 1211{2032 194,OQ0 0 190,OOQ 12/1/2033 23Q,000 0 230,000 6,264,000 1,�70,040 7,930,000 7,000,000 2,43�,000 9,430,000 Page 23 MEMO TO: Mike Jackson, City Manager FROM: Rick VanLeuven, Chief of Police DATE: June 15, 2012 RE: Monthly Report May 2012 Mav 2012: May 2Qi 1: CAD incidents: 4,699 CAD incidents: 4,367 Reports taken: 1,827 Reports taken: 1,749 Traffic stops: 1,113 Traffic stops: 1,044 Traffic reports: 283 Traffic reports: 250 CAD incidents indicate calls for service as well as self-initiated officer contacts. Hot spot maps are attached showing May residential burglaries, traffic collisions, vehicle prowlings, and stolen vehicles. Also attached are trend-line graphs for 2009, 2010, 2011 and 2012: Citations, Spokane Valley Dispatched Calls, Self-Initiated Calls, Collisions, Persons Crimes, Property Crimes, and Sex Crimes. Also included is the May Crimes By Cities stats report. In 2011, we switched from UCR to NIBRS classification. As a result, certain crimes were broken down to their violation parts for NIBRS and each part is now counted. Consequently, comparing certain crimes before 2011 to crimes during or after 2011 is not possible using the graphs. The crimes that are impacted by the NIBRS classification changes and should not be compared to prior graphs include: Adult Rape, Assault, Forgery and Theft. ADMINISTRATIVE: Chief VanLeuven along with others from the Spokane Valley Police Department attended a very informative conference entitled "Risk Management Considerations in Law Enforcement Operations,"presented by Gordon Graham. The Northwest Gang Investigators Conference was held at the beginning of May at the Northern Quest Casino Conference Center. Chief VanLeuven gave opening remarks to the attendees, welcoming them to the conference and spoke about the value of partnerships during gang investigations, intervention, and prevention. Chief VanLeuven and Sheriff Knezovich attended a luncheon/award ceremony in early May, where the Downtown Exchange Club recognized the law enforcement services provided to the community by Spokane Valley Sheriff's Deputy Matt Gould. Page 1 Chief VanLeuven was on-call during the first week of May. He also attended one day of mandatory quarterly in-service training. The Otis Orchards SCOPE East Parade and Bike Rodeo were held the first Saturday of May. Chief VanLeuven participated in the parade and spent time greeting community members at the East Farms Elementary School after the parade. The annual Law Enforcement Breakfast at Faith Bible Church was held in early May. Chief VanLeuven attended the breakfast with a number of other members of the Spokane Valley Police Department. Later that morning, the annual Law Enforcement Officer's Memorial Service was held, which Chief VanLeuven attended. Guest speakers included Brian Johnston, President of Behind the Badge Foundation, and U.S. Marshall Craig Thayer. Regretfully, two new names were added to the memorial for 2011. Lt. Rose attended Fairchild Air Force Base's National Police Week breakfast with the men and women of the 92d Security Forces Squadron in mid-May along with other law enforcement officials. The guest speaker was Major Shelton. In addition to an official ceremony later that day, activities were also scheduled on the base to include displays and talks with children and the community relating to law enforcement. The semi-annual Washington Association of Sheriffs and Police Chiefs Conference was held in the Tri-Cities in mid-May. Chief VanLeuven and Sheriff Knezovich attended the conference. Sheriff Knezovich currently serves as the President Elect of WASPC. On May 29t", Chief VanLeuven spoke to the Spokane Valley Rotary Club, providing an update on recent policing efforts in the Spokane Valley. He also accepted a new flag from the Rotary Club, to be flown at the Spokane Valley Precinct. The Rotary Club has graciously donated a new flag to SVPD for a number of years. Their continued generosity is very much appreciated by our agency. COMMUNITY ORIENTED POLICING: S.C.O.P.E. participated in the following events during the month of May: ➢ Progress and McDonald Elementary Bike Trainings; ➢ Edgecliff S.C.O.P.E. Pancake Feed; ➢ Take 25 event (Child Safety Information); ➢ CERT(Community Emergency Response Team) meeting; ➢ Safe Kids Meeting; and ➢ Operation Family ID. May 2012 Volunteers Hours per station: Location #Volunteers Admin Hours L.E. Hours Total Hours Central Valley 13 717.5 88.0 805.5 Edgecliff 31 609.00 100.0 709.0 Page 2 Trentwood 5 210.5 , 66.0 276.5 University 23 668A 162.0 830.0 TOTALS 72 2,205.0 416.0 2,621.0 Volunteer Value($21.62 per hour) $56,666.02 for Mav 2012 S.C.O.P.E. Incident Response Team (SIRT) volunteers contributed 21 on-scene hours (including travel time) in May, responding to crime scenes, motor vehicle accidents and providing traffic control. Of those hours, 16 hours were for incidents in the City of Spokane Valley. Total May volunteer hours contributed by SIRT, including training, stand-by, response and special events is 603; year-to-date total is 2,696 hours. Special Events this month included the East Valley Parade and the Lilac Parade; specifically, the Lilac Parade involved 13 SIRT and 6 SCOPE members, with over 100 hours logged just on that event. There were 55 reports of juveniles who ran away from their residence in Spokane Valley during the month of May 2012; a large majority of those were settled with the juvenile returning to their residence. Quite a few of the runaways in the Spokane Valley come from the Healing Lodge of the Seven Nations. There were also runaways from Lighthouse Inc. on St. Charles, another facility with juveniles, with one juvenile running five times during the month. SCOPE Volunteer Gee Sutherlin, who handles all the runaway reports for Spokane Valley as well as the unincorporated portion of Spokane County, took a pizza for lunch to share with members of the Healing Lodge while they discussed the large number of minors who run from the facility. She received a tour of the facility, which has a maximum capacity of 43 minors. They discussed changing their policy so if a minor runs away from the facility, they are terminated from their program. They also told Gee that they are going to have the kids busier and take them to more activities in an effort to reduce the number of runaways from their facility. All in all, the visit was very successful and we should start to see the runaway numbers dropping in Spokane Valley. As a former school teacher, Gee does a wonderful job monitoring all the runaways and goes the extra mile for these kids. We are very fortunate to have someone so dedicated to what they do. Abandoned vehicles tagged by S.C.O.P.E. volunteers for impoundment in Spokane Valley in April totaled 9 and in May 12 with 7 and 3 respectively, vehicles eventually cited and towed. Twenty- one hulks were processed in April and 23 hulks processed in May. During the month of May, a total of 73 vehicles were processed; the total for 2012 to date is 272. S.C.O.P.E. DISABLED PARKING ACTIVITY REPORT City of Spokane Vallev #of # of Hrs #of Disabled #of # of Non- Vol. Infractions Warnings Disabled Issued Issued Infractions Issued January 7 120 13 0 p February 5 150 19 0 0 March 11 194 21 0 p April 9 139 16 0 p May 7 127 13 19 p Total 39 730 82 19 p Page 3 Spokane County # of # of Hrs #of Disabled #of #of Non- Vol. Infractions Warnings Disabled Issued Issued Infractions Issued January 5 24 6 0 p February 5 74 0 0 p March 5 29 1 0 p April 8 80 0 0 p May 6 67 2 2 0 Total 29 271 9 2 0 OPERATIONS: Burglary Task Force Successful — At the beginning of May, Sheriff Knezovich provided up-to- date results of crime statistics since the implementation of the Sheriff s Office Burglary Task Force. Comparing March 2012 to April 2012, residential burglaries were reduced by 22% for all areas covered by the Sheriff s Office. These locations include unincorporated areas of Spokane County, Spokane Valley, and all contract areas. The following is a quick synopsis of accomplishments made from the April 17th through May 29th time period by the Burglary Task Force: ➢ Felony Charges (arrests): 228 (approximately 1/3 of these are burglary charges with the remainder being burglary-related charges including Possession of Stolen Property, Trafficking in Stolen Property, Drugs, etc.) ➢ Misdemeanor Charges (arrests): 30 ➢ Felony Warrant Arrests: 10 ➢ Misdemeanor Warrant Arrests: 16 ➢ Total Charges (arrests): 284 total arrests (charges) ➢ Average charges (arrests)per shift: 7.67 (based on 37 shifts worked) ➢ Persons arrested (taken into custody or charges filed on): 76 A considerable amount of stolen property has been recovered and, when identified, is being returned to the owners. Citizen involvement is a maior kev to the Sheriffs Office success with these crimes. The Sheriff s Office has been receiving several calls from citizens providing information that has lead to many of these arrests. Citizens are encouraged to continue reporting suspicious people, vehicles and activity in their neighborhoods as it has provided investigators with pivotal information that has lead to multiple arrests. Page 4 Two Arrests, Stolen Property Recovered During Search Warrant - Cpl. Elliott was conducting a follow-up investigation at a local business when he observed a 32-year-old male possibly trafficking stolen property at the business. Members of the Burglary Task Force developed probable cause for his arrest from a separate residential burglary. On the lst of May, investigators followed the male suspect to a residence near the 1200 block of North Oak St. and then stopped him shortly after he left the residence. The male suspect was found in possession of jewelry and other suspected stolen items when stopped. He was taken into custody for the separate residential burglary. Investigators developed probable cause that stolen property and narcotics still remained at the Oak address, and a search warrant was executed at the residence. A 35-year-old male suspect was located inside the residence and taken into custody for Possession of a Controlled Substance (Methamphetamine) and Obstructing a Public Servant. Several other items, which investigators suspect were stolen, were located at the residence including jewelry, tools and electronics. Some of the items were positively identified as being stolen from a commercial burglary in Spokane Valley. This investigation is ongoing and many more charges are expected from this incident. Safeway Robbery — Assault With Bug Spray — In early May, Loss Prevention Officers began watching a male and female couple as they entered the Safeway on North Argonne Avenue. The female purchased an item and left the store, while the male suspect continued shopping. The male suspect then bypassed the cashiers and left the store with a shopping cart of unpaid merchandise, where he was met by two of the Loss Prevention Officers. As the male suspect struggled with the Loss Prevention Officers, he immediately began spraying them in the face with a chemical from an aerosol can, later determined to be Raid Wasp & Hornet Killer, which he had taken from the store and held in his hands as he exited. Additional employees from Safeway assisted in taking the male suspect into custody while law enforcement arrived on scene. The 28-year-old male suspect was booked into the Spokane County Jail on 1 St Degree Robbery for merchandise totaling over $417, as well as a Department of Corrections warrant. The Loss Prevention Officers were taken to the hospital for treatment for poison exposure to their eyes and lungs. Grocery Store Robberies — In early May, Spokane Valley Sheriff's Deputies responded to a robbery at Safeway located on East Sprague in Spokane Valley. The suspect entered the business, contacted an employee working at the customer service counter, placed a backpack on the table and ordered the employee to fill the bag with money. The employee was under the impression the suspect had some type of weapon inside the bag. The suspect fled the business. Spokane Police responded to a similar robbery at a Shadle Park Neighborhood Safeway. Safeway employees were confident the suspect matched the previous robbery suspect descriptions. Four separate robberies that took place in Spokane City and Spokane Valley were being investigated by the detectives. Spokane Police and Sheriffs Office Major Crimes Detectives combined their investigative resources and released to the public photographs of the suspect who robbed three Safeway grocery stores and one Rosauer's grocery store. Within hours, detectives received tips that led to the eventual arrest of a 38-year-old male at a Spokane Valley motel. The male suspect was interviewed by detectives and admitted to committing all four robberies. He was booked into the Spokane County Jail on four counts of 2nd Degree Robbery. This investigation was successful due to the diligent investigative work done by the Sheriffs Office Major Crimes Unit and Spokane Valley Property Crimes Detectives. The Sheriffs Office Major Crimes Unit has recently assigned a detective to investigate all robbery reports that are taken. The ability to assign a lead detective to Page 5 these crimes has been, and will continue to be, imperative in solving these types of crimes and ensuring the safety of the citizens of Spokane County. Burglars Caught In The Act — In early May, Spokane Valley Sherif�s Deputies Gould and Bonney responded to a residence near the area of 7100 E. 3rd in Spokane Valley reference a possible burglary in progress. A neighbor called 9-1-1 after she saw an adult male and female inside the residence whom she had never seen before. The neighbor called the homeowner who asked her to ca119-1-1 as he had no idea who these individuals were. The deputies contacted a 56- year-old male and 37-year-old female inside the residence. Deputy Gould saw that there was a circuit breaker box torn apart and saw copper wire lying on the floor. The male suspect told Deputy Gould he was told by the homeowner that he could take the breaker box and use it in his house. When asked the homeowner's name, the male suspect provided four names to Deputy Gould. After speaking with the actual homeowner on the phone and confirming he was the owner, it was determined the male and female suspects were burglarizing the residence. They were both booked into the Spokane County Jail on charges of Residential Burglary. Juveniles Arrested For Morning Crime Spree— In mid-May, Spokane Valley Sheriff's Deputies responded to a vandalism call at Plante's Ferry Paxk. A Spokane County Parks employee arrived at work at about 6:45 a.m. and saw a pump house had been spray painted. The employee saw several juveniles near the pump house and when they realized he saw them, ran from the scene. The parks employee called 9-1-1 and followed the juveniles for a short distance. Spokane Valley Sherif�s Deputy Ebel was in the area of Pines and Desmet Roads when he observed three juvenile males walking on Pines. Deputy Ebel saw the subjects had spray paint on their shirts and detained them at the scene. All three juvenile males later admitted to spray painting the sheds at the high school. One of the juvenile males also admitted to spray painting the pump house at Plante's Ferry Park. At about that time, Spokane Valley Sheriff's Deputy Dodge responded to East Valley High School for a separate vandalism call. Deputy Dodge found three sheds next to the high school had been broken into and spray painted both inside and outside. These sheds are in a garden area at the high school that students had built. All three juvenile males were booked into Juvenile Detention for three counts of Malicious Mischief 3rd Degree and three counts of 2nd Degree Burglary Spokane Valley Hitchhiker Steps In Front Of Wrong Vehicle — Just before midnight in early May, Spokane Valley Sheriff's Deputy Kullman was traveling westbound on Sprague Avenue near Vista Road. To Deputy Kullman's surprise, he saw a male subject standing in the middle of Sprague hitchhiking. Deputy Kullman spoke with the 51-year-old male suspect about his intentions. The male told Deputy Kullman he was looking for a ride downtown and did not realize he had stepped out in front of a police officer. After checking the male's name through dispatch, it was confirmed he was an armed career criminal with a lengthy criminal history. The male suspect gave Deputy Kullman permission to search his belongings and said he did not have anything illegal with him. Deputy Kullman located a white plastic baggie in a backpack that contained a white crystal substance Deputy Kullman recognized as methamphetamine. The male suspect said he had no idea where the baggie came from. The male suspect was provided with a ride "downtown" and booked into the Spokane County Jail on the felony chaxge of Possession of a Controlled Substance (methamphetamine). Second Degree Murder Over Cigarettes — In mid-May, Spokane Valley Sherif�s Deputies responded to the area of the 300 block of North Lake Road for a possible trespassing call. When Page 6 they arrived,they contacted a male, Warren Flinn, who appeared to be a victim of a violent assault. Flinn was alive when medics transported him to a local hospital, however, he succumbed to his injuries and died a few days later. Sheriffs Office Major Crimes Detectives developed information through their investigation that led to the arrest of a 38-year-old male for the murder of Flinn. Detectives obtained a search warrant for the male's residence and arrested him for 2nd Degree Murder after he admitting to detectives that he shot Flinn in the back of the head two times. The male suspect told detectives he and Flinn had been out "scrapping" for metal near the railroad tracks on Lake Road. The male suspect said he and Flinn had an argument over cigarettes that led to him shooting Flinn in the back of the head. Detectives located two firearms inside the male suspect's residence along with some of Flinn's personal belongings. Spokane Valley Pair Arrested For Eleven Felonies - On an evening in mid-May, Spokane Valley Sheriffs Deputies responded to a forgery call at a pharmacy located near the 15700 block of East Broadway Road. According to an employee, a female was attempting to have a prescription of Oxycodone filled from a prescription pad that had been reported stolen from the doctor's office. When a pharmacy employee told the female the prescription was had to be verified with the doctor's office, she left the store. As soon as Deputy Berrow entered the business, an employee told him the female suspect just walked out. Deputy Powers drove through the parking lot where he saw the 27-year-old female along with a 33-year-old male running through the parking lot together. Deputy Powers detained both at the back of the business complex. The female suspect told Deputy Powers that she was filling the prescription for a friend. Deputy Powers was not able to find any record of the name she provided, nor did she have a phone number for her friend. Deputy Howe arrived on scene and was searching the male suspect before placing him in the back of his patrol vehicle. The male was wearing shorts and while searching him, Deputy Howe saw folded paper fall from his shorts. The male placed his foot over the paper and attempted to slide it under Deputy Howe's patrol vehicle. After the male was safely in the patrol vehicle, Deputy Howe retrieved the folded paper under his patrol vehicle. They were the same stolen prescriptions the female had presented at the pharmacy, all for Oxycodone, all prescribed to the female. The female suspect was booked into the Spokane County Jail for five counts of Prescription Fraud and one count of Possession of Stolen Property 2nd Degree. The male suspect was booked into jail on four counts of Prescription Fraud and one count of Possession of Stolen Property 2nd Degree. Pharmacy Employees Don't Fall For Scam — In mid-May, Spokane Valley Sheriff s Deputies Powers and Zlateff responded to a pharmacy near the 13400 block of East Sprague Road, reference a forgery call. Deputy Powers and Zlateff were advised two females were attempting to pass a forged prescription for Oxycodone. When Deputy Powers arrived on scene, he saw one of the females at the front of the business. She saw Deputy Powers and became visibly nervous. At that time, the other female walked up to the first female and both attempted to walk away from the store. Deputy Powers detained both female suspects and contacted the pharmacy employees. The pharmacist told Deputy Powers that the female had a prescription for Oxycodone that was prescribed to Sara Smart. The female told the pharmacist she was picking up the prescription for her friend because she had been involved in a collision. She also said she would be paying cash since her "friend" did not have health insurance. The pharmacist saw that the prescription pad had been reported through the Spokane Pharmacy Association as stolen and that a female matching the female's description had attempted to use these stolen prescriptions the night prior at several Albertson's pharmacies. One female refused to speak to deputies while the other said she had no Page 7 idea the prescriptions were stolen and forged. One female was booked into Spokane County Jail for one felony count of Controlled Substance Conspiracy; the other was booked into jail for one felony count of Prescription Fraud and one felony count of Possession of Stolen Property 2nd Degree. Copper Wire/Pipe Stolen From Spokane Valley Storage Building - Spokane Valley Sheriffs Deputy Benner responded to a commercial burglary call in mid-May near the area of 4600 E. Sprague Avenue. Deputy Benner contacted the building manager who told him the building was used as a trailer storage area. The manager told Deputy Benner that he was in the building the previous day, and noticed some insulation on the floor. The manager figured it was due to the old age of the building. When he returned a few days later, he saw insulation lying on the ground and electrical wire missing from the ceiling. The manager checked the building and saw all the copper wiring inside the walls and ceiling of the business had been stolen. The suspect(s) took all the copper pipe in the business as well. The manager estimated the cost of repairs and replacement of the stolen copper to be near$40,000.00. Search Warrant Yields Drugs/Firearms - Detectives from Spokane Sheriff s Office Investigative Support Unit, Investigative Task Force and Gang Enforcement Teams concluded a month's long investigation of a 26-year-old male suspect yesterday with the service of a search warrant at his residence on the 4900 block of North Calvin in Spokane Valley. Detectives obtained a search warrant for the residence, his vehicle and the male himself after conducting several controlled buys of inethamphetamine from him. Detectives located the male at 8th and Carnahan in the City of Spokane Valley, seized his vehicle and arrested him. At that time, the male suspect had a quantity of inethamphetamine and $3,400.00 in U.S. currency on his person. A search of his vehicle yielded two .9 mm pistols as well as additional methamphetamine. Detectives later searched his residence on the 4900 block of North Calvin and located additional methamphetamine, heroin, Hydrocodone and marijuana as well as a .12-gauge shotgun and .9 mm ammunition. The male's back yard is connected to an elementary school's playground. The male admitted to detectives that he has been selling methamphetamine in the Spokane Valley. Spokane Valley Deputies recently recovered a stolen firearm from a motel in which he had briefly stayed. The male admitted that he had forgotten the firearm in the room at checkout and that he suspected it had been stolen. The male advised that he had obtained the stolen firearm in exchange for a quantity of methamphetamine. He is a convicted felon and barred from possessing firearms. A multitude of charges against the male will be forwarded to the prosecutor's office. Spokane Valley Thief s Weekend Cut Short — At the end of May, Spokane Valley Sheriffs Deputies responded to a stolen vehicle call near the 4300 block of East 2nd Avenue. The vehicle owner said that at about noon his 1988 Honda was stolen from his driveway and he had no idea who took his car. The following day, Spokane Valley Sheriff s Deputy Joe Bodman contacted a homeowner near the area of 4600 E. 2nd Avenue in Spokane Valley reference a burglary call. The homeowner told Deputy Bodman that at about 9:00 a.m., he arrived home and saw an adult male running from his fenced back yard. The homeowner saw the suspect get into a Honda and drive away. The homeowner followed the suspect and was able to write down the license plate number, which was the earlier stolen vehicle. The homeowner chose not to follow the suspect and called 9-1-1 with the vehicle information. Two car batteries were taken from the yard. The next day, Spokane Valley Sheriffs Deputy Ryan Smith was patrolling the area of Broadway Avenue near Progress Elementary. Deputy Smith saw the stolen Honda parked in an undeveloped alleyway Page 8 near the school. After observing the vehicle for a short time a 38-year-old adult male returned to the vehicle and sat in the driver's side seat. Deputy Smith detained the male suspect and requested to have the vehicle owner and the homeowner respond to the scene. The vehicle owner confirmed it was his vehicle and he had no idea who the male suspect was. The homeowner also confirmed the male suspect was the person he saw run from his yard. The male suspect was booked into Spokane County Jail on the charges of 2nd Degree Burglary, Driving While License Suspended 3rd Degree and Reckless Driving. Additional charges of Possession of a Stolen Motor Vehicle and an additional Charge of Driving While License Suspended 3rd Degree were forwarded to the Prosecutor's Office. Secret Shopper ScamBBB Safety Tips — In late May, a Spokane Valley woman contacted a Sheriffs deputy in Spokane Valley reference a "Secret Shopper" scam. The woman reported that she had responded to an e-mail inquiring if she would be interested participating in the "Secret Shopper" program. The woman replied she would and on May llth, she received a FedEx envelope that contained a $980.00 money order. She then received an e-mail explaining she was to deposit the money order into her bank account and withdraw $805.00 from the account. She was instructed to send the $805.00 via Western Union to Tony Adams at 40 Arsene Rd., Quezon City, Manila. She was advised she could keep the remaining $175.00 for herself. The woman said she received a call a few days later from her bank telling her the money order was no good and she was responsible for the $980.00 money order. The woman said later that same day, she received three more money orders from FedEx, U.S. Mail and Priority Mail in her mailbox. The victim said each envelope contained two money orders for $980.00 along with the same instructions she had followed initially. The envelopes were sent from Johnnie Swift in Arkadelphia, Arkansas, Mike Michon in Baton Rouge, Louisiana and Joe Cole from Novi, Michigan. The Better Business Bureau is aware of these types of fraudulent scams and has provided the following safety tips to people contacted by these types of organizations. Look for reputable firms that: - Qualify and train mystery shoppers to perform specific evaluations; - Enjoy a good reputation with their clients and shoppers, and - Do not charge a fee to complete an application. To steer clear of get-rich-quick offers,the BBB advises mystery shopper applicants to: - Ignore claims that you will make big profits easily. Mystery shopping will not make you rich; at best it provides part-time income. - Avoid falling for claims that "guarantee" a position without training. - Be cautions of unsolicited e-mails offering "work-from-home." -Never pay money up-front. A legitimate mystery shopping service will not charge money for materials, training or recruiting. - Obtain the name of the company and check the business out with the BBB, local consumer protection agency, and state attorney general. Man Requesting Bail Money Claims To Be Sheriff s Deputy - A local Spokane business owner nearly fell prey to a telephone scam in the amount of$1,600 in early May. The business owner received a call from a man claiming to work for the Spokane County Sheriff s Office as a Page 9 Corrections Deputy. The suspect told the business owner one of his employees had been involved in a DUI collision Monday evening and was requesting bail money to get out of jail. The suspect told the business owner he could not provide the employees name due to the HIPPA law. The suspect did say that he would provide a general description of his employee and if the business owner said her name he would confirm that was who was in custody. The business owner described the physical features of an employee he knew had worked Monday evening and the suspect confirmed that was who was in jail. The suspect said his name was James Sullivan and that his personnel number was #6331. "James" told the business owner he had a couple options. He said the incarcerated employee was facing two charges, one for DUI and another for the collision. "James" said the business owner could either pay $16,000 for her bail ($8,000 for each charge) or bond her out at a rate of about $1,600. The Sheriffs Office does not have anyone employed by the name of James Sullivan. The business owner chose the bond option and took $2,000 out of his bank account. "James" kept the business owner on the phone the entire time (69 minutes) because he said the employee only had this one call and did not want to stay in jail. "James" then directed the business owner to go to a local Wal-Mart to send the $1,600 payment. "James" requested two money orders, both in the amount of$800. James requested one to be sent to "Nichole" and the other to "Seth Thomas" in Florida. The business owner said he would only send payment to an actual business and "James" hung up. Not long after deputies took the above report, the owner of Dewey's Burgers and Brew walked in to the Public Safety Bldg. to report the exact same scam today. The owner's son was at the bank taking the money out when the bank became fishy about the whole scenario. Employees of the Spokane County Sheriff s Office do not ask citizens to take any type of action like "James" requested. Corrections Deputies are not authorized to contact people and set up bond agreements. If you receive any type of solicitation like this, you are urged to call Crime Check at 509-456-2233. Home Safety Tips - Spokane Valley Crime Prevention Deputy Greg Snyder provided the below link to the Sheriff s Website on Crime Prevention Tips, which was recently updated; http://www.spokanecountv.org/sheriff/content.a�x?c=2418 Boat Safety Emphasis - Deputies conducted boat inspections both on the water and at ramps to aid in safer boating over Memorial weekend. Enforcement targeted those blatantly disregarding safe boating practices. A "Zero Tolerance" policy will be in place for Operating Under the Influence, lack of PFD's (life jackets), and failure to obtain the mandatory boating education card as required. We recommend all vessels carry a throwable PFD (Type IV), which is required if your vessel is 16 feet or longer in length. Throughout the summer, deputies will be checking local lakes for Wake Violations and Noise Violations. Boaters are reminded that each vessel must have an effective muffler installed which reduces the sound to a legal level. Also, all vessels, to include "wake boats", are responsible for any wake they create. Enforcement for a damaging wake starts at a $250 fine and can increase to a criminal nature if intent is present. All operators of wake boats are cautioned to watch their wake and its effects. Wake boats should only be operated in the center of the lake, away from other vessels, and far enough away from the shore to allow wake dissipation prior to it reaching the shore, docks, or other vessels. Page 10 Boaters are reminded each vessel must contain at least one life vest for each person aboard. These vests must be appropriately sized and in good condition. Children 12 years old and younger must wear a life vest(PFD)whenever the boat is not docked, anchored, or beached("while under way"). Adults are encouraged to wear a life vest at all times as well. Falling into our local lakes given the current water temps will make it very difficult to reboard your vessel without assistance. The onset of hyperthermia will be quick given water temperatures and air temperature each morning. **************** Page 11 2012 MAY CRIME REPORT To date: Year�y totals: May-12 May-11 2012 2011 2,010 2009 2008 2007 2006 2005 BURGLARY 94 102 366 421 936 725 753 584 714 744 FORGERY 64 32 341 163 341 297 354 365 334 464 MALICIOUS MISCHIEF 150 156 660 502 1183 1245 893 1,265 1,122 904 NON-CRIMINAL 7 6 41 107' 917 892 944 839 811 749 PROPERTY OTHER 133 111 400 416 837 933 828 890 982 1,154 RECOVERED VEHICLES 33 33 167 98 365 187 319 343 403 333 STOLEN VEHICLES 36 38 209 181 496 298 496 478 711 603 THEFT 230 261 1047 970 2365 2162 1,846 1,881 1,888 2,256 UIOBC 0 0 1 0 3 4 4 8 11 8 VEHICLE OTHER 35 2 110 3 3 5 7 3 3 5 VEHICLE PROWLING 117 124 393 527 1395 920 1069 682 937 958 TOTAL PROPERTY CRIMES 899 865 3,855 3,351 8,852 7,668 7,513 7,338 7,916 8,178 ASSAULT 77 116 407 385 895 927 869 853 846 894 DOA/SUICIDE 18 27 108 102 188 210 269 221 167 159 DOMESTIC VIOLENCE 52 41 207 401 1297 1226 1063 874 736 762 HOMICIDE 1 0 2 3 1 3 3 1 5 1 KIDNAP 2 2 7 7 16 21 16 23 22 35 MENTAL 14 34 110 114 289 310 360 350 425 425 MP 8 12 51 45 128 115 95 83 88 97 PERSONS OTHER 290 233 1276 781 1692 1621 1,354 1,337 1,159 1,256 ROBBERY 8 4 30 55 68 75 71 60 58 56 TELEPHONE HARASSMENT 19 10 91 55 153 159 95 73 83 92 TOTAL MAJOR CRIMES 489 479 2289 1915 4727 4,667 4,195 3,875 ' 3,589 3,777 ADULT RAPE 9 6 35 21 44 35 44 43 29 39 CHILD ABUSE 1 4 10 45 115 159 148 104 78 101 CUSTODIAL INTERFERENCE 9 18 52 89 206 157 86 92 105 88 SEX REGISTRATION F 3 0 6 0 1 2 3 4 3 6 INDECENT LIBERTIES 3 4 10 9 8 10 11 18 15 9 CHILD MOLESTATION 0 2 0 19 47 35 66 46 69 67 CHILD RAPE 0 1 3 13 28 35 39 31 62 35 RUNAWAY 58 41 287 220 490 440 369 295 309 311 SEX OTHER 1 4 12 35 215 211 179 194 203 181 STALKING 8 3 15 7 18 15 21 17 17 27 SUSPICIOUS PERSON 26 28 168 130 215 175 142 152 177 244 TOTAL SEX CRIMES 118 111 598 588 1387 1271 1,108 996 1,067 1,108 DRUG 38 44 193 246 541 670 838 807 665 891 ITF OTHER 0 0 0 2 2 1 0 1 0 0 TOTALITF 38 44 193 248 542 671 838 808 665 891 TOTAL TRAFFIC REPORTS 283 250 1680 1394 3081 3,183 3,811 3,800 3,345 2,403 TOTAL REPORTS RECEIVED 1827 1,749 8,615 7,496 18,589 17,460 17,465 16,817 16,582 16,357 N {pfp �--i I M O p +"' N N O NI� M [� ��O l� �-'�+ N � � ��N M O � l� '��� � � 7 N 01 � O � O 01 N �' � �p O �O OMi � � (O � M M i N l� l� � � N 00 � � � M ,��� ,� M O N N � ,� [� �y l� h � M � l � > O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O N 3 � � � � � 0 0 N � � � O f� M M CO�O 1 O � I� f� DO N � N �I 0�.O�00�� .� � � M M O O 00 �:00 CD 00 O M r � � CO � M M M M M � O� I� � � � � �� O� � N 00 M � 00 N � �-- � N I � � o�o N � �„~„i M N o0 � CO N M CO O CO lA �J O � N � � M O O O �I� � r O I� � O � O O O O � r � O�O � � � � N I I � N � � � r-� 0 � V� � a � � �p M � � � 0000'000 �',o'oo 0000000c� o'o �oo 0 00000000 0'0 0 ~ y p¢„� � N O � O M C � � O O O M M N 00 N � O � � � 00 C4 � �-- � f� �I N�Cfl 00 N � � �- O � M CO N M N O �A pp V O � Ln � � 00 N M � I� � CO � � r N I � � � � N ND N N � �--� N � � ~ � y � � 7 � � O'M OI� O�O O O O O O O O O`O O O M O � M O O O O O O O O O � O O O �' �A � _�-. �� _.� � — � � o � � l �___. _ _ ,_ � � � N M N�N � O O O N � N M O N O�O O O � O O O O�O O O O O O�O�O O O O N�M O Q� O O W N O � N N Oj0 M O O M (O � �A O O O O � O � O O O O O O O � O'O �� � O � � � � � .r-i N I N '� 7 C � M N � �--�f� M i� 00 O O N r � r O O O O r O O O O O O O O O O O O I� M O CO 3 m � � I � � ~ � I� "� M � � i � W � O O O O O O O O O�O O O O O O O�O O O O O O O O O�O O O O O O O O O O y � O O IO O O 0 � � UO O O O O O O O O O O O�O O O O O O O O O O O O O�O O O O O O O O O O Q } w o � o 0 0 0 � � - -- c � 000'o'000 � 000 0000�000000 'oo 0 00000000 00 0 � w .. � o � o o � � � - _-.-.v. _ .�_ . ... _ - _. _�- _ - - � O � O I� O � N N CO O O M CO � O O O O O � O O � O N O O O O N O O O � O 00 N N p., �a, d � oo ,� ,� � � A N U O O O O O O O O O O O O O ��O O� I - � - �—�— O 4 O O M O O O O O O O O O O O O O O O O" � U O --f_ � O O � � I � � N � � � O � T�O • � � ��00 O O O O 00 O O � O O O O O O � � O � T O I� � Q � N � N l� �--� O � �--� � I � C -- — — -- - - —- — � � � O (� a=. 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JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC f 2009 -'�I�2010 -O-2011 -�-2012 2500 r��� 1500 1000 500 Charge Count from Tickets: Spokane Valley JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC F�2008 ��2009 �2010 -�7-2011 -�2012 4000 3500 3000 2500 2000 1500 1000 411 Spokane Valley Dispatched Calls JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC -fc 2009� -�31E�2010 -O-2011 �2012 300 250 200 150 100 50 SPOKANE VALLEY TRAFFIC COLLISIONS JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC -�°2009 -�-2010 ��2011 �2012 350 300 250 r�� 150 100 50 0 Spokane Valley Person Crimes JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC �2009 -�I�2010 -�7�-2011 ��2012 1000 900 800 700 600 500 400 300 200 100 0 Spokane Valley Property Crimes JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC --�-2009 -�1�2010 --4--2011 � -�2012 Spokane Valley Self Initiated Incidents 3500 3000 --.. - 2500 - 2000 �-2009 CJ� � -�-20�0 I ^C�2011 1500 � ��2012 1000 --� 500 0 - - _ JAN FEB MAR APR MAY JUN JUL AUG SEP OCT NOV DEC S`p+��ane ��alle�a ���1�[��� w�Ra�t� ���,��`���:�i° �fI+Q�IT�fI�Y F�EPQ1��' �ay �a��� AGF�E�MENTS �OR S�RVECES ADOPT�D I�ND �N OP�RATION � Emergency After Hours Gall-out —Senske e �ngineering Services Support—Agree��nts with private eng�neering firms • Landscaping Contract—Ace Landscaping • Litter and Weed Control —Spa�Cane County G�iger Work Crew • Solid Waste - Regional Solid Was#e Interfocal • Streek Mainter�ance—201� Signal, Sign & Striping Ca�nty lnterlocal o Street Sweeping —AAA Sweeping • Street and Stormwater Mainkenance and Repair contract—Poe Asphalt Pav�n� Inc. • Stre�t Maintenance (Pin�s & Trent) —WSDQT Interlocal o S#orm Drain Cleaning Conkract --AAA Sweeping WASTEWATER Status of xhe process can �e monitored at; htt�:llwww,spokaneriver.net/ htt�;flwww.ecy.wa.�ovlproqrarr�slwqltmdVspokaneriverldissolved oxygenlstatus,html http;llwww,spokanecounty.orgl�tilitieslWaterReclamationlcontent.aspx?c=222�1 and http:llwwvv.spokan�riverpartners.coml REGlONAi. �aLll� INASTE SYSTEM Solid Waste Governance Task Force has c�mpleted a draft Inkerlocal Agreement for a Regional Sofid Waste Management Allia�nce Agreement. The County will schedule a new Alliance rneeting in early 2d12 as a resulk of changes at the City of Spokane. STREET MAS7�R PI.AN Council approved the Pavement Mar�agement Plan Update for 2011 at their March 27, 2012 rneeting. An Admin Report was also provid�d at ti�is meeting on Pavement Management Funding Options. Council funded $2.8 millian for 2012 Street Preser�ation Projec#s. CAPITAL PROJECTS (See atkached Ca�ital F'rajects Spreadsheek) Valley Carridor EA A final Environmental Assessm�nt dacument for the Ualley Corridor P��ojeck is due by 913412�12. Staff propases to prepare a document stating the locally preferred alternative is the No Build alternative (i.�., no extension of Appleway Avenue east af University Road). STRE�T & STORMWAT�R �lIAINTENANCE ACTIUITY The following is a summary of Public WVorkslContractor maintenanc� activities in the City af Spokane Valfey for May 2012; S��reet anri �tarmwater Mainter�ance Items: • Poe Asphalt Maint�nance Contract: Road work conkinues an Barker Road and University Road. Farr Road is com�lete, Stormwater repaars continue throughout the Cify. 'Iniormation in bold indicates upc3af�:s 1 • Ge9ger crew continues with garbage pickup on arterials throughout the city and continues with dryland grass mow�ng. • Pothole patch6ng, • AAA Sweeping is cantinuing with arterial sweeps and resider�tial swe�ping. � AAA Sweeping Stormwater Cfeaning Serv�ces contract starked. STORMWATER Stormwater Capital Improv�ment �rojeets �. Sprague Avenue, Park to I-90 swale project — Praject to install bio-anfiEtration svuales to replace �xisting faulty drainage system and impro�e aesthetics. State Legislature passed �u�get bill that funds an Ecology Stormw�ter Grant for this project, Survey work was completed. See praject not�s t�nder Praject#163. 2. Stormwater C�ecant Facifity - De�canting catch�asin d�brrs wo�fd de�crease costs in har�dling d�bris by allowing waker to be drained and dis�osed separakely. Stat� Legislature passed budg�t bill that funds ar� Ecc�logy S#ormwater Granf for this project. WSD�T interest�d still in locating ti�e facility at their IOG��IOE� an Montgomery near Pines Ave, Staff continued meetings with WSDOT representatives to work ou� treatmen# options anr� feasibility of using WSDOT Pines Facility. 3. 14`�' Avenue, west of Carnahan — Pro�eet to repair ongoing roadside erosion problems due to stormwater runoff a�d eliminate a dir�ct discharge ta surFace waters of the State. Preliminary de�ign cQncepts have been completed. Design wark was expanded to incGude work#rom Custer to Carnahan. Proceeding with desigr� cancept af cur� and g�tter to contain flows causing erosian, Planning neighborhood o+atreaeh, 4, BettmanlDiekev CulvertlDitch re-esta�lishrnent — Prr�ject to improve �onveyance of stormwater from 14`� to �1�h. Site survey a�d geotechnical work completed, consultant fir�ished 5a% design, scope and agreement to pro�ide #inai design negotiated. 5. New Smali Vlfarks projects for 2012 to repair, replace or improve problems on the skormwater list are beit�g designed. Top projects include prablems a# Pi�es near Alki, 44th near Gillis, 13100 blk af �. 90th and 13600 blk of E. 4tt�. • Storm Drair� C�eaninc� Setvic�s 2012 Cc�nfiract -Cantract signed, work starteci. + Undergrourid Injecfiian Contral {UIC} �A��es�rnent - Staff continu�s work ora com�liance re�uirements for the City's 7,350 drywells (UICs} and performing required assessments by February 2a13. • Ecoloqv Grant Status - 2011/2012 -- �Ecology �as notified staff of an additional $50k of "pass-through" grant funding that will be available to the City �n 2012. This fun�ing will be used to receive partial reimbursement of spring stre�t suv��ping. o �coloc�y 2012 �raffi Municipa1 ��o��mwat�r �eneral Permit The City wilf rec�ive a new permit from fhe Washington Stats De�a�#ment of Ecology by July 31, 2012. The Stat� Legislatur� passed bili that wi91 extend irnplementa#ion of the new permit until 2�14, The impacts to the City are unknown until Ecology releases this next permit, and stormvuater staff is planni�g on analyzang the impacts once it is released. 'Information on bold indicates updates 2 �EWER PROJECTS * 201� STEP sewer pr4jects — Carry o�er Green Haven 'C" (NE Area) — Carryover to 2012 ko begin �,prPl 9. garker Rd. & Br4adway (West) to approx. Appleway and Al�i, approx. �00' wlo Barker to Michigan Rd, Praject complete, all paved out, crews working on shoulderinglpunchlESf items. TRAF�IC $ LibrarylPark Traffic Study The traffic study far tMe r�ew propase� library and park location has begun. Sunburst Engineerin� expects ta have a draft of�he study ready for a public r�eeti�g in late May. * HSIP Grant �'he Highway Safety Improvement Program grants were due October 28. Staff prepared applications ta uviden SR 27 at Grace Avenue, to make operatianal improvements to Argonne Raad, and far citywide safety improvements such as upgrading regulatory signs and inskalling cauntdc�wn pedestrian signal heads. Noticed was recei�ed that all projects ap,�li�d far were funded. GRANT APPLICATIUN� New Call for Pr�ojecfs • �cology Stat�wid� Stormwater Grant Th� Washingtan State aepartment of Ecology announced $30M in grants to build stormwater projects. Staff proeeeded with and submitted applications for two prajects — the Sprague, Paric to I-90 swale project and far a aegianal Decant F'acility. Draft offer list was posted January 27, 2012. Tl�e City received offer letters from Ecalvgy far both projects on 14 May 2012. Grant agreements fo be r�egotiated over tft� summer.. * 2012 T�GER �iscretionary Grant Prograrn USDaT announced the TIGER IV program, a natior�ally competitive g�ant program for transpor�ation projects. $5�� rnillion is available for this program natianwide. CH2M H�LL prepared and staff submitted a TIGER !V grank application by the March 'i9, 2012 deadline. • SRTC Call for Projects SRTC wi�l be issuing a Call for Projects on July 2. This is for federal Surface Transporta#ion Program — Ur�an (STP(U?) funds. Staff has �een reviewing fhe draft Six Year TIP, the Pavemer�t Management Program and preparing a list of �otential projects to present to counci[ for a�proval in which t� submit grant applications. An estima�ed $22.5 millian will be a�ailak�le fc�r local prvjects, � T18 Call for Rrojects The state Trart�portafion Imprvvement Board (TIB) F�as issued a 2012 Call for Rrojects. Staff is reviewing �he progr�m criteria and will be ��re�enting potential �rs�jects to �council for grant applica�ions. I 'infarmalion in bo]d indicakes updafes 3 � �� � �� ����� � �' 1� � � # I Design On1y Projects €toad Projects 0069 Park Rd Recpn.#2 Brdwy$c Ind.SRTC06-1Z Q123 Mission A�e- F1ora to Barker 0141 Sul[ivan $� �uclid PCC 0142 Broaciway @ Argonne/Mullan TrafFic ProJects OJ.59 University Road Overpass Study Starmwater PPOjects 0153 Sprague Ave.Swale Upgrade, Park to I-90 Other Projects D145 Spoka�e Vailey-Miffwood Trail 0148 Gr�enacres irail- Qesign 0161 Balfaur Park Purchase MaV-12 Praject Funding Manager FHWA-5TP(U) Knut5on �HwA-5TP(u) Aldwarth FHWA-S7P(Uj Amsden FHWA-STP(Uj Knutson FHWA-CMAQ [Vote �ept of Ecology Jenkins FHWA-S7P(E) Aldworth DOE-EECBG �ldworth C�SV/Library Note u�s�g�, Complete %Complete Date PE 1(}/03/1i 90 09/30/12 5 11/15/12 18 06/15/12 10 12/O1�/�.3 0 10/3�/�2 15 a2/ss/�3 09/20/12 0 20 0 Estimated Construction Completian Total Pro�ect Cost $ 352,OOZ $ 517,919 $ 175,260 $ 276,3fl1 $ 250,000 Q6/30/14 $ 566,622 � ��.s,000 $ 52,000 $ - Estimated iotaf Projec"� Proposed 1 Complete Constructian Project # Design &Construetion Prejects Funding Manager Bid I�a�e PE CN Completion Cost Road Prajecas 0005 �ines/Manfield,Wilbur Rd to Pines (}146 24th Ave Sidewalk Adams to Sullivan OJ.S� Su6livaro Rd W Bridge Replacement#4508 D156 Mansfield AWe Connection T16-UCP Knutson T1B-SP Knut5on FHWA-BR Aldworth FHWA-CMAQ Knutson 05/23/0$ 100 fl6/29/12 4� 12/01/13 2 03/14/1�3 0 95 0 0 0 C19/3C1/12 08/31J12 12/31/15 12/31/13 $ 6,fi26,700 $ 292,000 $ 1,Od�,000 $ 1,OZ6,000 Street Preservation Projee#s 0115 Sprague Ave Re�onstruct- E'grn to S'van 016� Evergreen - �6th to 32nd Recanstruction Q162 2Q12 Street Preservatic�n TrafFic Pr�jects 0060 Arg�onne Raad Carridvr U�grade (SRTC 06-3 0�61 Pines (SR27) 17S lmprovements(SRTC 06-2 07.33 Sprague Ave I�5 Storra�water Projec�s 0150 Su9livan Rd Bridge Drain Retrotit Dther Pr�jects 0149 Sidewalk In#ill 07.54 Sidewalk 8�Transit Stop Accessibility # Projects in Closeaut Phase C[as�out Phase (3063 Broac{way Avenue Safety Project, Pin�s RD O1J.� Indiana A�e Extension 1157. Green Harren STEP 0�.53 Broadway Ave ResurFacing/SW Upgrade 0157 Sullivan Rflad West Bridge Ternp Repa9rs TfB-UCP Fisch DOE-EECBG aldworth casv Aldworth FHWA-CMAQ Knutson FFlWA-CMAQ Knutson [�OE-E��BG Knutson Dept of Ecolagy Aidwarth FHWA-CMAQ Amsden 5TA-FTA/NF Amsden Funding CDBG TIB-UCP casv CDBG COSV �3/16/12 Z00 o4/zo/1� so as/�a/12 �.� 06/01./�2 95 07/20/12 75 03/04/11 95 06/15J12 25 07/2�/12 4a os/a�/i2 zs 5 12/01/12 $ 3,933,$�5 0 09/30/12 $ 955,303 0 12/31/12 $ 2,$18,SS3 0 1.�./15/12 $ 1,290,636 0 11/15/12 $ 2,083,121 50 12/3Z/12 $ 768,121 � �� Project Praposed %Gomplete Manager Bid Date PE CN Knutson d5/15/ZI 1flQ 99 Aldworth OZJ38/11 7.00 98 Fisch 03/23/11 1.00 99 Knutson 05/1S/11. 1Q0 99 Fisch 11,/11/11 1.0(3 99 ?2/31/12 $ 237,375 sa/�o/a3 � �7o,soo Q7/01/13 $ 315,011 1`ota I Praject Cost 03/31/12 $ 932,850 04/30/12 $ 2,082,0�0 a�/o1/sz � �za,aao 12/31/�.Z $ 2�8,52$ 04/Oi/12 $ 358,000 CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: June 26, 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: Transportation Improvement Board (TIB) 2012 Call for Projects GOVERNING LEGISLATION: PREVIOUS COUNCIL ACTION TAKEN: June 12, 2012; Public Hearing on the Draft 2013-2018 Six Year TI P. BACKGROUND: At their March 2012 Board meeting, the Washington State Transportation Improvement Board (TIB) approved a 2012 Call for Projects for allocation of Urban Corridor (UCP), Urban Arterial Program (UAP) and Urban Sidewalk Program (SP) funding. The anticipated funding levels are: $6.9M in combined UAP/UCP funds for the Northeast Region; and $740K for the East Region SP program. While the total amount of urban funding available statewide only decreased about 11% in 2012, the amount of Urban road funding available for the Northeast region is down about 41% from 2011. Sidewalk funding for the East region has increased about 350%. The decrease in funding available for this region is primarily due to the realignment of the Urban regional boundaries, TIB combining the UAP/UCP funding, and a larger portion of funding being dedicated to sidewalk projects and pavement preservation projects for medium sized cities. Project applications are due Friday, August 24, 2012. TIB has made some minor changes to the program this year that include the following: 1. TIB will no longer rank UCP and UAP projects separately or have dedicated funding amounts for each program. The top scoring projects will be selected regardless of whether UCP or UAP criteria are used to rank the project. 2. For Urban projects, TIB is placing greater emphasis on major corridor related projects versus "spot" projects. Approximately 70% of urban funding will be directed towards corridor projects. Staff has been evaluating the TIB grant criteria and working to identify projects that will have the highest potential to receive funding. We have also reviewed the adopted 2013-2018 Six Year TIP, the Pavement Management Program, accident hot-spots, and several other elements of the city's transportation network. Based on this review, staff has identified the Sullivan Road W Bridge Project as the most suitable Urban project for the 2012 Call for Projects. The Sullivan bridge project will replace the existing 2-lane Sullivan Rd W Bridge that carries southbound traffic with a new 4-lane bridge. The project is needed to address the inadequate structural condition of the existing bridge. This request to TIB would be for construction funding only since design, right-of-way, and partial construction funding has already been received through a state FMSIB grant ($2M) and a federal Bridge Program Grant ($8M). Due to the small amount of funding available, no suitable sidewalk projects were identified at this time. OPTIONS: Info only RECOMMENDED ACTION OR MOTION: Info only BUDGET/FINANCIAL IMPACTS: The city's match on TIB funded projects is typically 20% of the total project cost. The federal grant funds previously received for the Sullivan West Bridge Project count towards the required TIB match. As the proposed TIB applications are developed, staff will coordinate with the Finance Department to ensure there are sufficient city funds to provide the needed match for the proposed TIB projects. STAFF CONTACT: Steve M. Worley, PE —Senior Capital Projects Engineer ATTACHMENTS: TIB Program Information ■ a r e ro ra m � zes Urban Arterial Program UAP/ Urban Corridor Program UCP $60 Million Southwesi Puget Sound West Puget Sound Southeast Northeast Sidewalk Program $3.5 Million - SP rthwest ■ ro ram e � ons Sidewalk Program 3 Reg ions ■ ■ ■ e ec � on r � er � a Criteria UCP UAP S P Safety 10 45 55 Mobility 30 20 Pavement Condition 15 Sustainability 15 15 10 Local Support 30 5 5 Growth & Development 15 Pedestrian Access 30 Total 100 100 100 CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: June 26, 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: Street Classification Process GOVERNING LEGISLATION: 23 CFR 470; RCW 47.05.021 PREVIOUS COUNCIL ACTION TAKEN: None BACKGROUND: As required by state and federal law, public roads are classified to recognize how each route functions within the transportation network. The classification is important for the identification of logical and efficient traffic routes and is a threshold requirement for receiving state and federal funding. The route classifications for an urban city are as follows (from highest to lowest order): • Urban Principal Arterial (Sullivan Rd., Sprague Ave., Argonne/Mullan couplet) • Urban Minor Arterial (Bowdish Rd., 16th Ave., Mission Ave.) • Urban Collector (4`h Ave., 24th Ave., Herald Rd.) • Local Access Street (all other non-classified roads, including residential roads) The Arterial Street Map (Map 3.1) from the Comprehensive Plan identifies both existing and proposed route classifications. The proposed route classifications are either future streets or streets that are anticipated to develop into a higher functional classification as growth and development affect traffic patterns and volumes. When it is observed that the travelling public is utilizing a street at a higher functional classification than its current official designation, Public Works staff evaluates the need for reclassifying the roadway. If the route has already been proposed for a higher classification in the Arterial Street Map, staff will begin the process for reclassifying the roadway. The process for reclassifying a street begins with the preparation of a Federal Functional Classification (FFC) request for submittal to SRTC (Spokane Regional Transportation Council), WSDOT (Washington State Department of Transportation), and then to the Federal Highway Administration (FHWA). The FFC request includes a description of the roadway, roadway characteristics, traffic generators, traffic volumes and descriptions on how the roadway is functioning and why the reclassification appears to be justified. The approval process is summarized as follows: • The FFC request is submitted to SRTC where it is reviewed for completeness and technical implications. SRTC evaluates a request to change an existing FFC designation based upon how the facility functions currently, not how the facility is proposed to function in future or proposed plans. If the request is appropriate and complete, SRTC then provides a letter of concurrence to the City. • The City then forwards the FFC request and SRTC letter of concurrence to WSDOT. WSDOT reviews the request and forwards the request to FHWA if it is deemed complete. • FHWA reviews the request and issues approval, denial or conditional approval. Public Involvement is not listed by WSDOT or FHWA as one of the criteria for evaluation nor stated as a requirement for approval. This is likely due to the fact that the classification of a roadway is determined based on its use not on any personal preferences. When roadway classifications are changed, the Arterial Street Map in the Comprehensive Plan is updated to reflect these changes. There is significant public involvement during the Comprehensive Plan update process. OPTIONS: Information only. RECOMMENDED ACTION OR MOTION: Information only. BUDGET/FINANCIAL IMPACTS: None STAFF CONTACT: Steve M. Worley, PE — Senior Capital Projects Engineer ATTACHMENTS: FFC Request Form � � Washington State Department of Transportation FEDERAL FUNCTIONAL CLASSIFICATION REQUESTS This form has been developed for use in all future requests for Federal Functional classification changes. One form should be completed and submitted for each requested classification change. Functional classification changes require coordination with the MPO, if applicable. Upon completion of the requested forms they should be submitted to the WSDOT Region Local Programs Engineer with a transmittal letter signed by the Mayor, Chairman of the Board or other responsible official of the agency. 1. COUNTY or CITY NAME COUNTY or CITY NO. (refer to Local Agency Guidelines) 2. LOCAL AGENCY CONTACT PERSON AND EMAIL ADDRESS TELEPHONE NO. 3. LOCAL NAME OF ROUTE ROUTE NO. (if State Route use SR No.) 4. TERMINI OF ROUTE (Descriptionandmilepost(ifavailable)) FROM TO LENGTH: Miles 5. TYPE OF AREA(Federal Aid Highway Urban Area): ❑ URBAN ❑ RURAL 6. EXISTING FUNCTIONAL CLASSIFICATION PROPOSED FEDERAL FUNCTIONAL CLASSIFICATION (Urban Freeway/Expressway,Principal Arterial, Minor Arterial, Collector, Rural Major Collector, Rural Minor Collector, Local Access) 7. SPACING (Distance to parallel Federal functionally classified route) Miles: 8. DOES REQUESTED FC CHANGE EXTEND INTO ANOTHER JURISDICTION? ❑ YES ❑ NO (If yes—concurrence from the other affected agency is required.) 9. EXISTING ROAD CHARACTERISTICS Roadway Width (incl. shoulders): ft. SUffaClClg Type (mark appropriate space) ❑ Gravel ❑ACP ❑ BST ❑Earth ❑Other: 10. TRAFFIC GENERATORS (Generators that route serves—est. VPD) INDUSTRIAL: Employees VPD SHIPPING POINTS: Annual Tons AIRPORTS: Annual Flights VPD RECREATIONAL: Annual Visitors (parks,ski resorts, lakes, beaches, etc.) MILITARY INSTALLATIONS: Type VPD AGRICULTURE AREAS: SHOPPING CENTER: No. Stores VPD COLLEGE OR UNIVERSITY: Enrollment OTHER: Type VPD GOV. INSTITUTION: VPD 11. Are there zoning ordinances which can restrict growth or encourage growth of any of the above generators? Please indicate below. ��T FORM 140-068 6/09 OVER 12. TRAFFIC (at significant volume change locations) Location Existing Traffic vP� Location Existing Traffic vP� Future Traffic (2o years) VPD Future Traffic (2o years) VPD 13. Wflttell deSCflptloll Of fOUte (general characteristics including alignment,speed limit and howit relates to the surrounding area in terms of importance.) 14. A brief description why the proposed change is requested and justification for the change. 15. Additional remarks to more fully explain the situation. 16. Attach a vicinity map showing the proposed changes, and existing Federal Functional Classifications. ��T FORM 140-068 6/09 CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: June 26, 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: Memorandum of Understanding for Gateway Improvements GOVERNING LEGISLATION: PREVIOUS COUNCIL ACTION TAKEN: BACKGROUND: On June ll, 20ll, Mayor Towey attended a DSP Conference (Downtown Spokane Partnership). Council is encouraged to review the attached draft Memorandum of Understanding (MOU) for Gateway Improvements. Staff will attend the next meeting of the DSP, currently set for July 11, and give a report to council afterwards on the progress. OPTIONS: RECOMMENDED ACTION OR MOTION: BUDGET/FINANCIAL IMPACTS: STAFF CONTACT: John Hohman, Community Development Director ATTACHMENTS: Draft Memorandum of Understanding for Gateway Improvements MEMORANDUM OF UNDERSTANDING FOR GATEWAY IMPROVEMENTS This Memorandum of Understanding is made by and between the Washington State Department of Transportation (WSDOT), City of Spokane, City of Spokane Valley, City of Liberty Lake, Spokane County, and the Downtown Spokane Partnership (DSP), collectively referred to as "Parties". I. Background A. The Parties recognize that State highways and other principal arterial streets and roads provide an opportunity for display of public features, art, information and landscaping which expresses the community's identity. B. WSDOT recognizes that a community enhancement area ("CEA" or "Gateway") is a roadside area which can be designed and maintained in partnership with the local community and in alignment with current Interlocal Agency agreements. C. WSDOT has developed policies, guidelines, and standards that identify the criteria and process to ensure the design and improvements in a CEA are compatible with operational and safety requirements as set forth by Federal Highways (FHWA) and WSDOT Design criteria The designs retain character continuity within the corridor and are in harmony with site characteristics. All Parties recognize a CEA will not create a financial burden on WSDOT. D. The purpose of this MOU is for the Parties to collaboratively work together to develop design schemes for Gateways that are acceptable to the Parties. IL Understanding The Parties will make staff and resources available to jointly perform the following. 1. Map the Community Enhancement Areas (Gateway Locations)in the above cities and county. 2. Engage the WSDOT Region Planning Engineer (and respective WSDOT subject matter experts) and Maintenance Engineer along with City and County staff(or consultants) to develop design schemes for the Gateways. 3. Obtain approval of the design schemes from WSDOT and FHWA (where required). 4. Coordinate design and development of Gateways between the jurisdictions to achieve a common theme for the I-90 corridor and other Gateways. The DSP shall provide staff and resources to facilitate the work set forth in this MOU,including soliciting participation from members of the community as determined appropriate by the Cities, County and WSDOT. Agreed this day of , 2012. [Signatures on following page] {50533347;1} Washington State Department of City of Spokane Transportation By: By: Its: Its: City of Spokane Valley City of Liberty Lake By: By: Its: Its: Spokane County Downtown Spokane Partnership By: By: Its: Its: {50533347;1} CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: June 26, 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: City Hall Acquisition/Construction GOVERNING LEGISLATION: PREVIOUS COUNCIL ACTION TAKEN: BACKGROUND: This was a topic originally included in the Council's June 12 retreat packet. As council and staff did not have an opportunity to discuss this topic then, it is included in this packet for Council's review. This will come again before Council as a discussion item at the July 3 Council study session meeting. OPTIONS: RECOMMENDED ACTION OR MOTION: BUDGET/FINANCIAL IMPACTS: STAFF CONTACT: Mark Calhoun, Finance Director ATTACHMENTS: City Hall Acquisition/Construction Consideration memorandum �`����ne Valle� 11707 E Spragus Ave Suiie �D6 C Spokane Valfey WA 992Q6 509.921.1DOD C Fax: 509.921,10fl8 C cityhalC@spo�Car�e�alley,org � er�1oran �dum 70: Mike Jackson From; Mark Calhoun Date: Ju�e 7, 20'[2 Re: City Hall Acquisition 1 Constructian Considera#ions Initia1 Acquisition ! Corrstrue�ian Assuming the C�ty chose ko cor�struct or aequire a replacement structure far Ciky Hall and t�e cos� was $15,0OO,OQO, w� could careceivably pay for the facility wikh a cornbination of cash frorn our General Fund and issuing l.ong Term G�neral Obligation {LTGO) bonds. We wou�d make the annual debt service payments on t�e bonds with the money we saue by no Eonger making manthly lease payments for our existing City Hall. lf we conv�rted our 2012 annual lease paymenf of $473,60Q ta a bond payment and: • Assumed a 30-year LTGO band for which we paid an average interesk rate of 4%, I �stimate net procee�s (after issue eosts) to be used towards constructian of $8,029,000. This would leaue a balance of$6,971,�00 that would be paid witt� General �und cash. Source af Maney to Construct 1 Acquire a City Hafl Building LTGO Bonds 8,029,00� General Fund cash 6,971,000 15,OOO,aq� • Assumed a 25-vear LTGO_bond far w�ich we paid an average interest rate of�4%, I estimate net proceeds {after issue costs) ta be used towards construcfion of$7,253,000. 7his would leave a �alance of$7,747,000 ti�ak would be paid w�th General Fund cash. Source of Monev to Construct 1 Acguire a City Ha11 Building LTGO Bonds 7,253,OUQ General Fund e�sh 7,747,000 ��,000,00a 11SV-�'S21UsersLmcalhounlCrty Depar�mentslFrnance12012 0&t16 City I-iall replacemer�t memo.dacx Page 1 � � A,ssum�d a 20-year LTG�C? bond for which we paid an average interest rate of 4%, I estim�te net proc�e�s (after issue casts} to be used tawards construction of$6,310,000. This would leave a balance of$8,690,000 that woufd �e paid with Generaf Fund cash. Source of Money to Gor�str�rct 1 Acquire a City Hall Building LTGO Bonds 6,310,000 General Fund cash �,690,000 15,0OO,OflO angoing Operating Costs of a Facility the City Owns Unlike our existing arrar�gement where as a tenant we ir�c�r r�o costs related to utilities, janitorial or building maintenance, as a �uilding owner we woufd face all of these ovee the life of the struckure. The City c�rrently leases a 28,236 square feet of space in the exist�ng complex. For this anaiysis I'�I assume a new City Hall bui�di�ag would #otaf �S,OOQ square feet. Using the Cent�rPlace facility which has 54,OOf1 square feet as a �aseline, I wauld estimate the costs o�a City HaIP to be 65°tfl of those of CenterPlace: Square Feef of Space C.H, GP C.H. 1 CP 35,OOQ 54,00� 65�/0 • Based upon the 2013 Bud et worksheets, annual utility costs are estimated as follows: Uti1i Cost C.H. CP Electri�ity 1 Gas $55,1 QO $85,000 Water $6,�00 $10,Q00 5ewer $6,800 $10,500 Garbage $6,300 $9,700 • Janitorial services could �e satisfied either by hiring additional City empfoye�s or contractin� for�he work. Given the City"s successful use af cont�actors for so many services I'll assurne we wc�uEd use this model for City Hall as we11, Again, using CenterPlace as a madel, estimated janttorial services wa�ld cost: Janitorial Gast C.H. CP Janitoriaf $55,100 $85,004 • 7he City would also ex�ect tv incur grounds m�inten�nce and snow r�cnoval costs which 6'll estirnate at $25,00� per year. • Annual mainter�ance costs wauld likel�+ be relatively little in the early years of the structure and would of course increase as the facility ages. For the sake af th9s analysis I'll assume an annu�l cost of$�5,000, Alf totaked, the aforem�ntiQneci it�r�s would result in an annual cost of$179,8�0. At this early stage fhis is obvious[y a very rough estimate and could be more or aess depending upon the size af any structure either bu�1t or acqu�re� as well as the size of the parcel upon whrch the building rested. 11SV-FS2{ClserslmcalliounlCity DepartmenfshFinance12092 06 06 C�fy Hall replacement mema.doex Page 2 Benefit of Ownership �ersus Leasina A benefit#o constructing or acquiring a City Hall building is that: 1. We can "lock-in" our annual paym�nt at $473,600 for th� �0 to 30 y�ar �ife of th� bonds. This wil] res�r�t in slowing khe anr�ual grawt�r of tl�e General Fund recurring ex�enditures due to avoiding a lease payment that increases each year. '�or example, asst�ming the Cify issued 30-year LTGQ bonds with an a�nuaF payrnent of$473,6QD we would �xpect ka make payments totaling �14,2�p8,QQ4 o�er ti�e life af the bonds. Assuming our annual lease grew by 2,5% per year, we would expect to pay a total of$27,392,1�5 ouer the ne� 30 years. The savings r�sulting from ownership rakher than feasing over the 3� year period is $7.� million with a resent value savin of$4.06 million. Lease Payment with Annual Annual Difference Paymenk Increase of 6ond (Amounf # Year 2.5%a Payment Saurd) 1 2013 486,440 473,6Q0 11,840 2 2094 497,576 473,600 23,976 3 20i5 510,015 473,600 36,415 4 2096 522,765 473,60� 49,165 5 2017 535,834 473,600 62,234 6 201� 549,230 473,6fl0 75,630 7 2p19 562,961 4�3,600 89,3fi1 8 2020 �77,035 473,600 103,�435 9 2029 591,461 473,600 117,861 10 2022 6Q6,24� 473,600 13�,648 11 2023 621,404 473,600 147,8Q4 12 2024 636,939 473,600 163,339 13 2Q25 652,8�2 473,60Q 179,262 �4 2026 689,�84 473,600 195,584 95 2027 685,914 473,600 212,314 96 2028 703,062 473,600 229,4�2 �7 2029 720,639 473,600 247,039 18 2030 738,655 473,600 285,055 19 2031 757,121 473,�OQ 283,b21 20 2032 776,049 473,60fl 302,449 21 2033 795,450 473,600 321,85Q 22 2034 815,33$ 473,600 �41,73� 23 2Q35 835,719 473,fi�{l 362,'f 19 24 2036 8�6,612 473,600 3$3,Oi2 25 2037 $78,027 473,fip0 4Q4,427 26 203$ 899,978 473,600 426,378 27 2039 922,477 473,604 448,877 28 2040 945,539 473,6Q(3 471,939 29 2041 959,177 473,fi00 �F95,577 30 2042 993,406 473,600 519,806 21,312,115 �4,208,000 7,104,115 Present Value 1�,219,831 '�0,160,40� 4,059,430 2, An added benefit t� ownership rather than leasing is that onee the bonds are entirely repaid, we liberate the annual payment �f$473,60� far other Ger�eraf Fund uses. 11SV-FS21UserslmcalhounlCity DepartmenfslFinance12Di2 Ofi 06 City Nall replaeement memo.docx Page 3 Conclusian A� leask in the early years, ar�d iikeFy throughout the next 30 years, the annual cost of a lea�e payment alone would be less than the combin�d c4st of an anr�ual bond payment plu� the annual cos� of op�rat+ons. Cost however can�ot be the only factor considered when evaluati��g whether it �s bekter to lease or awn. Qth�r issues #hat might be considerad anclude: • De�ending upcan where a City Hall struckure was located it could serv� as an inveskment in #he comrraunity that caaald help to jump s#art economic dsvefopment. � Additionafly, having all Ci#y �epa�tments under one roof in a facility specifically designed tv serwe our citizens would improve customer serviee and potentiafly lay a foundation tnat anvites busRness to our C3ty. IISV-FS2lUserslmcalhounlGlty Departrnentsl�Finance12092 06 08 Crty Hall r�placement mema.docx Page 4 CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: June 26, 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 Valley Arts Council GOVERNING LEGISLATION: PREVIOUS COUNCIL ACTION TAKEN: At the May 15, 2012 Council meeting, Dr. Harken of the Spokane Valley Arts Council, and Dr. McKellar presented a sculpture entitled "Dance of the Sun and Moon" for council's consideration as a piece of art to be placed at the City's Gateway as part of that project on Thierman and Appleway, and in conjunction with the City's Tenth Anniversary. On May 29, Council determined that the piece may not be ideal for the gateway proj ect. Staff notified the Arts Council that the City would like "Dance of the Sun and Moon"in another location but would like to work with the Arts Council to determine a different art piece for the Gateway. BACKGROUND: City Manager Jackson received a letter (attached) from Dr. Harken dated June 11, 2012. Manager Jackson also followed up with a phone call to Dr. Harken. The Arts Council is pursuing the purchase of the "Dance of the Sun and Moon"and will determine a location within Spokane County. Also, because the Spokane Valley Arts Council has been under the impression that the City would defer artistic judgment as to selection and location to the Arts Council, they would appreciate a review of the original discussion concerning City Council deferring artistic judgment to the SVAC. OPTIONS: Take no further action, or schedule this as a future agenda item for further discussion. RECOMMENDED ACTION OR MOTION: Council discretion. BUDGET/FINANCIAL IMPACTS: STAFF/COUNCIL CONTACT: Mayor Towey ATTACHMENTS: June ll, 2012 Letter from Dr.James Harken,President Spokane Valley Arts Council �pokane �'a��e� Arts Coumcil : ; , _ . . 9507 East Sprague , � , . . ' . - �. Spokarie VaIley,WA 99206 . . _ . (509)�926�3957 ; . , . . , . . � Fax(509}92�p4992. . ` , . , . ' , , ., . � , June 1.1, �012 . - srorcnNav�v.��r . . .+x�scounc�4 . � _ ' ; � . � Mike J�ackson,.City 1Vlanager , � � . , City of Spokane Va11ey City Hall . � -. � , � 11707 E:� Sprague A.ve. . - . � . Spolcane Va11ey, WA 99206 - , : � - ' �I]ear Mike,. . : , , . . � � � � The Board of I]ii�ectors of the Spokarie Ualley.Arts Counc'il (SVAC). � , � � i�eceived a repoi-t from the Spokane Valley �ity Council iegarding tlie. � poteritial placement of a rzmonutriental bronze sculptuie.by Jei�y Nicl�ella�� entitled "Dance of Suri and Moori," at Thierrrian and Appleway. The repoi-t . � : . . explained that althoug�,the city council lik.ed the sculpture;the council, � � , .meinbers believec� they would ratheir have the subject�be more welcoinirig,or . � - historical in na�ure for the site in questiori. The SVAC had been under�the . , _impression the city. couricil would defei: ai�tistic judgment�to the SVAC as to � � : selectzon arid geographical locat'i.on �'or this g'ift.� � , � � , The�Spok�ne Valley Arts,Councrl woi•ked diligently for oyer four .'� months`to firid the right,ai•tzst, the subject matter, pi opei� size (about I 6 ft. � � ' height), all a��an accep�able pi•ice. The artist traveled fi�om Colvi�le to make �__ . the�pi.esentation.to.the Spokane Valley City�Council,.which I believed at the . � �. �ime�was.favorably received. � , :- . , On:June. 8, 2012,.the Spokar�e Valley Arts Couricil vo�ed.to go forward � � w'it11 the purchase of the"Sun arid_1Vloon". bironze., As.yo� aie aware this � , ; . . - would be the third bronze the A1-ts Council-�ias donated to the City of' . Spol�ane Valley:The airts�counci� decic�ed:the plaeement�in Balfcur Park ' . . � � recoinmended by the City�,of`Spokane Valley is not appropriate or�acceptable � . � - as this is a centerpiece sculpfure. with a.ietail value of riearly $200;000,� . . created by one o�the best-known sculptois in the countiy. � � � � � We would appreciate,a.i�eview o�the origiriai.discussion`and , . , � understanding the ai-ts�council liad with the city council. As we mentioned, : we are`proceeding wi�h the purcli'ase of the scu�ptuire. .Upon purchase i�will � � . ' be�available for placement at an appropriate location withiri Spokane� � . - � C ourity,. - . � , � . , , , ��pokan� �alle�1���°�s Counc�� � , . � 9507 East.Spr�gue - . , . � . - Spokane Va11ey; V�A `9920b . . ; (509} 92bw3957 . Fax(549)924-�992 � , � . � , � � � Sl'4I4].ITi VALI.EY � � .� . . � .' � � � - , � . � � . , . , � - ... � . 1liTS�COUi�`CIf. . . � . . . . � . � . . . � -. . ' . ', � � ' . - . . . - . - � . � .. , � , . - �'. ;. , . � . � . . ' ., .. - The Spokane Valle�!Ai�s Council wishes to thank the�Spokarie � . � : _Valley City Council�'or it��tim� and consideration,o�this �ignificant , . donation. . � . ' " , � -. _ - � Youis tiuly, . - � �. - . � � ���� .- ' ' I . . . G � . - : � � D'. Jam Harken; Pre ident � , _ � � Spol�ane Valley Ai-ts Council : � . _ , _ . . . .