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2012, 10-23 Regular Meeting AGENDA SPOKANE VALLEY CITY COUNCIL REGULAR MEETING FORMAL FORMAT MEETING Tuesday,October 23,2012 6:00 p.m. Spokane Valley City Hall Council Chambers 11707 E Sprague Avenue Council Requests Please Silence Your Cell Phones During Council Meeting CALL TO ORDER: INVOCATION: Pastor Gary Hebden, The Intersection Church PLEDGE OF ALLEGIANCE: ROLL CALL: APPROVAL OF AGENDA: INTRODUCTION OF SPECIAL GUESTS AND PRESENTATIONS: COMMITTEE,BOARD,LIAISON SUMMARY REPORTS: MAYOR'S REPORT: Proclamation:National Food Day 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. PUBLIC HEARING: Community Development Block Grant Proposed Projects—Scott Kuhta 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 10/04/2012 27160-27189 $35,379.66 10/OS/2012 27190-27244; 928120032; 1004120022 $1,542,875.09 10/OS/2012 4093-4096; 27245-27250 $260,265.06 10/12/2012 27252-27290; 1005120023; 1710914170 $488,80436 GRAND TOTAL $2,327,324.17 b. Approval of Payroll for period ending October 15, 2012: $283,174.28 c. Approval of Minutes of October 2, 2012 Council Study Session Meeting d. Approval of Minutes of October 9, 2012, Council Formal Format Meeting e. Resolution 12-005, Ratification of Spokane Housing Authority Commission Amendment NEW BUSINESS: 3. Second Reading Proposed Ordinance 12-026 Amending SVMC 7.05—Cary Driskell [public comment] Council Agenda 10-23-12 Formal Format Meeting Page 1 of 2 4. Second Reading Proposed Ordinance 12-027 Amending SVMC 17100—Cary Driskell [public comment] 5. Motion Consideration: Pines Road ITS (#0061)Project, Bid Award— Steve Worley [public comment] 6. Motion Consideration: Interlocal Agreement with King Co Directors Association—Cary Driskell [public comment] PUBLIC COMMENTS: This is an opportunity for the public to speak on any subject except those on this agenda as action items. (Action items include public hearings, and those items under NEW BUSINESS. Public Comments will be taken on those items at the time those items are discussed.) When you come to the podium, please state your name and address for the record and limit remarks to three minutes. ADMINISTRATIVE REPORTS: 7. Code Text Amendment, Multi-Family Regulations—Mike Basinger 8. Comprehensive Plan Docket discussion—John Hohman/Mike Basinger 9. Regulation of Commercial Vehicles—Cary Driskell 10.Planning Commission Rules of Procedure—Cary Driskell ll. Advance Agenda INFORMATION ONLY(will not be reported or discussed): 12. Department Reports CITY MANAGER COMMENTS ADJOURNMENT General MeetinQ 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 e� nerally held the 2°d and 4`'' 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 ls` 3ra and 5`h Tuesda� Study Session formats DO NOT have time allocated for general public comments; but if action items are included, comments are permitted after those speci�c 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 10-23-12 Formal Format Meeting Page 2 of 2 CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: October 23, 2012 Department Director Approval: X Item: Check all that apply: ❑ consent ❑ old business ❑ new business � public hearing ❑ information ❑ admin. report ❑ pending legislation AGENDA ITEM TITLE: PUBLIC HEARING: 2013 Community Development Block Grant Program — Potential CDBG Projects GOVERNING LEGISLATION: Federal Department of Housing and Urban Development (HUD) PREVIOUS COUNCIL ACTION TAKEN: In May, 2011, Spokane Valley entered into a three- year agreement (2012-2014) to continue participation as a member of the Spokane County CDBG/HOME Consortium. BACKGROUND: The City of Spokane Valley is a member of the Spokane County Community Development Block Grant (CDBG) Consortium. Each year the Federal Department of Housing and Urban Development provides CDBG entitlement funding to Spokane County, with last year's funding totaling $1.295 million. In 2008, Spokane County amended the CDBG funding policies to establish a 20% set-aside of the County's annual federal appropriation for City of Spokane Valley infrastructure projects. The County anticipates that Spokane Valley's 2013 share will be approximately $259,000 for eligible, high priority infrastructure projects. Although Spokane Valley has a guaranteed set aside, the City must participate in the same application process as all other agencies requesting CDBG funding. The application deadline is November 10, 2012. To be eligible for CDBG funding, projects must be located in residential, low to moderate income target areas (see attached map). Proposed projects must also be ranked as a "high priority" in the Spokane County 2010-2014 Consolidated Plan, the guiding document for Spokane County's CDBG program. High priority infrastructure projects include water, sewer and street improvements. Since the City is not a sewer or water provider, only street improvement projects are proposed for the 2013 program year. The following preliminary projects have been identified by City staff based an evaluation of CDBG eligible projects. Proposed CDBG Proiects: Estimated Costs 1. Adams Rd. Resurfacing, Sprague to 4th (Street Preservation) $213,000 2. 4th Ave. Resurfacing, Park to Theirman, (Street Preservation) $184,000 3. Farr Rd., Appleway to 8th (Reconstruction) $610,000 These projects are listed in the adopted Pavement Management Program. The Adams Road project is currently scheduled for 2013. The 4th Avenue Project is currently scheduled for 2016. And the Farr Road project from 4th to 8th is currently scheduled for 2016, while the Farr Road project from Appleway to 4th is scheduled for 2017. Staff reviewed the proposed project list at the October 2, 2012 study session. At the study session, Councilmember Wick inquired about using CDBG allocations to sewer industrial property in the northeast portion of the City. CDBG funds can be used for economic development purposes, but the City must document how the project would benefit low and moderate income persons. The City would be required to monitor employment growth in the area and provide information on the number of low and moderate income individuals employed as a result of the CDBG project. Staff recommends no change in the list of potential CDBG projects. OPTIONS: Conduct Hearing. RECOMMENDED ACTION OR MOTION: Conduct Hearing BUDGET/FINANCIAL IMPACTS: Undetermined at this time. 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NI � Y M tF _ u1 iD ` - C1TY OF SPOKANE VALLEY Request �or Council Action Meeting Da�e: Ocfaber 23, 2092 Department Director Appro�al: � Check all th�t ap�ly: � consent ❑ old business ❑ new business ❑ public hearing AGENDA ITEM TITLE: A roval of the Folfowing Vauchers: VOUCHER LIST DATE VOUCH�R NUMBERS: TOTAL AMOUNT 10/04/2412 27160-2'7189 $35,379.66 10/OS/2012 27190-27244; 928120032; 1OD4120022 $1,542,575,09 10105I2012 �093-4096; 272�5-27250 $260,265.06 10/12/2012 27252-27290; 1005120023; 1710914170 $488,804.36 GRAND T�TAL �2,327,32�.17 Ex Iauation of Fund Ntttnbers�'outad on Vouchar Lists #OUl - Genera[Fu�ici Othe�•Tuuds 001.011.000.511 City Council 101 —Street Fu�fd ':. 001 A13.Q00.513. City Manager I03 —Pat��s&T�•ails 0�1 A 13.0 I5,515, Lega1 105—HotellMoteI Tax 001.016,000. Public Safety 120—Cet�terPlace Operaking Rese�ve 001.01$A 13.513. Dep��ty City Manager 121 --Seivice Levei Stabilization Reseive 001.�18.014.514. Fi��a�ace 122—Winter Weatlier Reseive 001.015.016.5 l b. Human Resources 123—Civia�'acilities Replacement Q01,032.000. Pt�blic Works 204—Debt Seivice ODI.OS8.050,558. Comm.Develop.-Administration 301 —Capital Pi•ajects(1S�1/4%REET) OOI.058,055,559. Camm,Develop.—Develop.�ng. 302—Sp�cial Capital Proj (2"� '/°/n REET) 001.058.OSb,558. Community Develop.-Pla�i�iing 303 —St�•eet Capital P�•ojects 001.058.057559. Community Devalop.-Bi�iiding 304-�Mirabeau Point i'�•oject 001.076A00.576. Parks &Rec—Adminiskration 307—Capital Gt•ants 001.076.300.576. Parks&Rec-Maintenance 309—Parks Capital Grants 001.076.301.57�. Parks&Rec-Recreation 3 IO—Civic Bldg Capital Projects 001.076.302.576. Pat�ks&Rec-Aquatics 311 —Street Capital I�nprovements 2011-� 001,076.304.575. Parks&Reo- Senior Ca�iter 402�-StortmvaterManagement 001 A76,305.574, Parks &Rec-Ce�rterPlace �03—Aquifer Protection Area 001 A90.000.51 I. Geiieral Gov't-Co�rncil�•elated SQ1 —�quipment Rental&Replacement 001 A90,OQ0.514, Gejieral Gov't-Finance�•elated 502—Risk Mat�agement OOl.090.000.517. General Gov't-Ernployee supply 001.090.000.51$. General,Gov't-Cent��alized Sezvices 001.090.00�.519. General Gov't-Otl�er Se��vices �01.090.000.531. Genez•al Gov't-Nat��ral Resources OOlA90.000,550. Genei�al Gov't-�coi�omia Dev. OOI,090.000,560. Gener�l Go�'t-Social Se�•vices OOI.090.000,594. Genei•al Gov't-Capital Outlay RECOMMEND�D ACTION OR MOTION; Appro�e claims for vouchers as lisfed abo�e. STA�� CONTACT: Mark Calhoun, �inance Directar ATTACHMENTS: Vaucher �,ists t� � O O M M (D 00 � h N N t- r O O O Q lfi �CJ O � 4} �C3 Y'i if� � � � �[7 4'J N N (O �fi � t- M O O (O CG DO 00 r r O O � i� f� CO iD �f� � p CV CV �Ci �i7 a0 Cfl � LV OQ u") �i'i aD OC CD tp LD fD `�' � � (D �' (D c0 u7 � [- T (oca (� � rnoa MM � � OO TT Q o �- N .- r" � t- r � r � if! CYl M � �(f � r r Q r a N N S�! N � r r r 4i al � m a a w .� .. w c.0 �u �u �. .. .. .. .. .. .. .. .. � O O � ~ ~ F O O O �j,) O O O O O O V � O � J J � J I- � F- 1-- F- F- F� h � 1-- � h C7 CV n. a a c�. i�[! Y � 11! 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O rh- p � � � � ++ N v 41 (V r O r � � � � � h °o i � T m ; N r e— CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: 10-23-2012 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 October 15, 2012: GOVERNING LEGISLATION: PREVIOUS COUNCIL ACTION TAKEN: BACKGROUND: OPTIONS: RECOMMENDED ACTION OR MOTION: Budget/Financial impacts: Employees Council Total Gross: $ 244,141.26 $ - $244,141.26 Benefits: $ 39,033.02 $ - $ 39,033.02 Total payroll $ 283,174.28 $ - $283,174.28 STAFF CONTACT: Raba Nimri DRAFT MINUTES SPOKANE VALLEY CITY COUNCIL REGULAR MEETING STUDY SESSION FORMAT Spokane Valley City Hall Council Chambers Spokane Valley,Washington October 2,2012 6:00 p.m. Attendance: Councilmembers Staff Tom Towey, Mayor Mike Jackson, City Manager Gary Schimmels, Deputy Mayor Cary Driskell, City Attorney Dean Grafos, Councilmember Mark Calhoun, Finance Director Chuck Hafner, Councilmember Eric Guth,Public Works Director Ben Wick, Councilmember Mike Stone,Parks &Recreation Director Arne Woodard, Councilmember John Hohman, Community Development Dir. Rick VanLeuven,Police Chief ABSENT: Carolbelle Branch,Public Information Officer Brenda Grassel, Councilmember Scott Kuhta,Planning Manager Steve Worley, Senior Engineer Mike Basinger, Senior Planner Chris Bainbridge, City Clerk Mayor Towey called the meeting to order at 6:00 p.m. City Clerk Bainbridge called the roll; all Councilmembers were present except Councilmember GrasseL It was moved by Councilmember Hafner, seconded and unanimously agreed to excuse Councilmember Grassel fi^om tonight's meeting. ACTION ITEM: 1. 24"'Avenue Sidewalk Project Bid Award—Steve WorleX It was moved by Deputy Mayor Schimmels and seconded to award the 24x"Avenue Sidewalk-Adams Road to Sullivan Road project to the lowest responsible bidder, Cameron-Reilly, LLC in the amount of $241,372.50 and authorize the City Manager to execute the construction contract. Engineer Worley explained that the bid tabulations as a result of last Friday's bid shows three bidders, with Cameron-Reilly as the low bidder. Mayor Towey invited public comments; no comments were offered. Vote by Acclamation:In Favor: Unanimous. Opposed:None. Motion carried. NON-ACTION ITEMS: 2. Annual Comprehensive Plan Amendment(CPA)Process for 2013 —Mike Basin�er, John Hohman Community Development Director Hohman explained the annual Comprehensive Plan Amendment Process, reminding everyone that the deadline to submit proposals is November 1; he said this is an opportunity to discuss the process, the staff-initiated items, privately initiated amendments once they are received, and to open the floor for any Council-initiated items. Senior Planner Basinger went through the proposed 2013 docket, mentioned that staff inet with several people to discuss privately initiated map amendments but no formal amendment proposals have been brought forth to date, although he said he anticipates some will be submitted just prior to the deadline. After brief discussion on the process and the proposed docket,it was noted this will come again before Council prior to the November 1 deadline. 3. Community Development Block Grant(CDBG) Report - Scott Kuhta, Steve Worley Planning Manager Kuhta discussed the background and history of the annual Community Development Block Grant program, that we will be under the consortium for at least the next two years, and as such we are entitled to a portion of the funds the County receives, with an agreed upon 20% pass through; he said projects must meet the objectives of the consolidated plan with infrastructure as a high priority; and he mentioned the three proposed projects, which projects he stated, are listed in the adopted Pavement Management Program. Mr. Kuhta also noted on the accompanying map the low and moderate-income Council Study Session Minutes 10-02-12 Page 1 of 2 Approved by Council: DRAFT areas,which is where the proj ects must be located;he said this program primarily serves residential and is not intended for commercial. There followed brief discussion about extending sewer into the north Barker area along with the idea of entering into a late developer's agreement. After brief discussion, Mr. Kuhta asked if Council had comments on the priority of the projects, and Councilmember Wick said he prefers the street preservation as the higher priority. Mr. Kuhta mentioned that a public hearing has been scheduled for the October 23, 2012 council meeting, to give citizens an opportunity to comment on the proj ects. 4. Pavement Preservation Plan—Eric Guth Public Works Director Guth brought Council's attention to the attached list of"Summary of Pavement Preservation Projects for 2013." Director Guth said that the pavement management plan is a good budget tool to help give priorities, but that data, along with assumptions and calculations on prioritizing street conditions, was collected in 2010 and projected out over �ve to six years. Mr. Guth said staff visually inspected the projects, and that they agree with many but not alL Further, Mr. Guth said that this is a preliminary list based on the original pavement plan recommendations, and that he normally looks at additional testing to help determine the pavement needs for the roads. Director Guth said concerning the list of proj ects, that the last two columns of the sheet are just for illustration. Mr. Guth said to prolong the life of the pavements and lessen the overall fiscal impact, the goal is to look at maintenance first. There was some discussion about doing core samples and various types of road stresses, along with mention of possible future grant funding some of the projects, with City Manager Jackson explaining that there will be benefit to having this "first cut" of projects included into the budget, and that we should know well in advance of next spring about grants, and if we find that grants will impact this list,we can have additional discussions with Council. There was also brief discussion about chip sealing and crack sealing. Mr. Jackson added that we do not have funds to complete all the projects in the first three categories and Director Guth added that he purposely put in extra projects in order to have a back-up list. Director Guth stated that he is working to get information for another update during the latter part of the year. In summary, City Manager Jackson said there are two separate functions: one is scanning roads to collect data, and then have a separate consultant put that together into a report, adding that the last time that process took over a year. Councilmember Woodard mentioned Projects #40 and 41 and said taking care of those sections would make a huge difference in those areas.Mr. Guth said he will check into that. 5. Advance A�enda—Mayor Towe�There were no suggested items to add to the advance agenda. 6. Information Only items of (1) Finance Monthly Report (b) Sprague/Sullivan ITS Project and (c) Sullivan Road Pedestrian Bridge were for information only and were not discussed or reported. 7. Council Check-in—Mavor ToweX Mayor Towey proposed to cancel the October 16 meeting, and said even without that meeting, there would still be four meetings in October. There were no objections. 8. City Mana�er Comments—Mike Jackson City Manager Jackson mentioned that the City of Liberty Lake passed a speed limit change on Appleway; that our City Engineer looked at that road's portion within our City limits and feels the speed is an appropriate transition and there is no need for us to increase the speed. There being no further business, it was moved by Deputy Mayor Schimmels, seconded and unanimously agreed to adjourn. The meeting adjourned at 6:56 p.m. ATTEST: Thomas E. Towey, Mayor Christine Bainbridge, City Clerk Council Study Session Minutes 10-02-12 Page 2 of 2 Approved by Council: DRAFT MINUTES City of Spokane Valley City Council Regular Meeting Formal Meeting Format Tuesday, October 9, 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 Mark Calhoun, Finance Director Dean Grafos, Councilmember Cary Driskell, City Attorney Brenda Grassel, Councilmember John Hohman, Community Development Dir Chuck Hafner, Councilmember Eric Guth,Public Works Director Ben Wick, Councilmember Mike Stone,Parks &Rec Director Arne Woodard, Councilmember Steve Worley, Senior Engineer Rick VanLeuven,Police Chief Christine Bainbridge, City Clerk INVOCATION: Pastor Bill Dropko of Greenacres Christian Fellowship Church gave the invocation. PLEDGE OF ALLEGIANCE: A member of Boy Scout Troop 4941ed the Pledge of Allegiance. ROLL CALL: City Clerk Bainbridge called the roll; all Councilmembers were present. APPROVAL OF AGENDA: It was moved by Deputy Mayor Schimmels, seconded and unanimously agreed to approve the agenda. INTRODUCTION OF SPECIAL GUESTS AND PRESENTATIONS: n/a COMMITTEE,BOARD,LIAISON SUMMARY REPORTS: Councilmember Woodard: reported that he attended the Chamber of Commerce Board meeting where he continues to keep the Chamber apprised of issues occurring in our City; went to the 77`h Annual Greek Dinner; attended the Government Affairs meeting and heard candidates Matt Shea and Amy Biviano debate. Councilmember Wick: said he participated on the Economic Development Committee meeting where they concluded the stakeholders presentations, and that they are now focusing on preparing the presentation to Council; went to the Kiwanis installation banquet attended the SNAP fundraiser and kickoff for a capital campaign to purchase a building on the Spokane Falls Community College campus; also went to the Planning Committee for the SNAP Board and said that he is now that Board's Chair; that during that SNAP meeting, Mr. Wick went over this City's permitting process and also talked about street preservation, and said the members of the Kiwanis are very supportive of the City, and as an aside, explained that those members said they probably would have supported the 1%property tax. Councilmember Grafos: no report but mentioned an e-mail he received from a major business owner complimenting Pete Fishe and others in the Public Works Department for their work on the Sprague Avenue renovation this summer. De�uty Mavor Schimmels: said he attended the North/South Corridor meeting last week concerning the �nal roadwork being done on the north end of town, and mentioned they had an old car brigade; and said he also attended an STA Committee meeting. Councilmember Grassel: no report as she was out of town last week. Council Regular Meeting 10-09-2012 Page 1 of 6 Approved by Council: DRAFT Councilmember Hafner: reported that he attended two meetings in connection with the Regional Health District that this month they got a report regarding some of the statistics of tobacco use; said the other Health District meeting concerned the budget, and he reported that the budget is balanced with very few things added and very few services eliminated; attended an STA (Spokane Transit Authority) operation committee meeting where they discussed the shuttle service and associated charges and routes concerning events such as Bloomsday, Hoopfest, Valleyfest, and First Night also attended a SCOPE meeting with a focus on governance and compliance of charity and nonprofits organizations. MAYOR'S REPORT: Mayor Towey reported that he attended a Spokane Regional Board of Health meeting, and said the Health Board is sponsoring a series of free presentations and he gave dates and places for people to attend if interested; said he went to a breakfast for Special Olympics; attended the North/South Freeway meeting where they celebrated their half-way point on the project attended the Clean Air Committee meeting where they discussed the problem of yard waste in the unincorporated areas and what we can do to mitigate that, and said each member of the Committee was asked to take this to their jurisdiction for consensus on how to handle the situation, and said he will bring a more detailed report to the October 30 Council meeting. Mayor Towey said he also attended an informational "tabletop" emergency exercise with Yellowstone Pipeline,with a mock scenario of over 100,000-gallon diesel fuel spill into the Spokane River, and he thanked the Fire Department for being one of the first responders of the exercise. Mayor Towey reported that he also attended the Fire Department open house; was interviewed by Steve Mum of Comcast Newsmakers; and attended the Hire-ability day concerning hiring the disabled and helping them into the workforce. Mayor Towey then read a Proclamation for Adult Literacy Week,which was accepted with thanks from staff of the Institute for Extended Learning. Deputy Mayor Schimmels announced that Mayor Towey recently received an "Advanced Certificate of Municipal Leadership" from the Association of Washington Cities; and explained some of the program's criteria to receive such a distinction, including over 60 hours of training credits and many hours of community service. Everyone joined Deputy Mayor Schimmels in extending congratulations to Mayor Towey for his outstanding achievement. PUBLIC COMMENTS: Mayor Towey invited general public comments. Naomi Eisentra�er and Darrel Jones, both of 2601 N Barker Road, spoke of their desire for Council to be pro-active to provide more security for manufactured home owners and set a zone ordinance as a placeholder; Ms. Eisentrager said that the Spokane City Council decided to add such a zone ordinance "placeholder" realizing that no action would be taken until the ruling of the courts regarding the Tumwater case. 1. PUBLIC HEARING: Proposed 2013 Bud�et—Mark Calhoun Mayor Towey opened the public hearing at 6:31 p.m. Finance Director Calhoun went over the schedule to adopt the 2013 budget, mentioned that this hearing marks the seventh occasion where Council has discussed the proposed budget, and gave the budget highlights. Mayor Towey invited public comment, and no comments were offered. Mayor Towey closed the public hearing at 6:49 p.m. 2.PUBLIC HEARING: Pro�osed 2012 Bud�et Amendment—Mark Calhoun Mayor Towey opened the public hearing at 6:50 p.m. After Finance Director Calhoun went over the history of the proposed amendments, Mayor Towey invited public comment. No comments were offered and Mayor Towey closed the public hearing at 6:56 p.m. 3. 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. Council Regular Meeting 10-09-2012 Page 2 of 6 Approved by Council: DRAFT a. Approval of the following claim vouchers: VOUCHER LIST DATE VOUCHER NUMBERS; TOTAL AMOUNT 09/21/2012 4078-4081; 27023-27024 $61,291.97 09/212012 5512-5520 $1,305.00 09/21/2012 27025-27093 (-voids 27025-27033); SSll $1,313,987.94 09/24/2012 27094-27109 $78,299.42 09/26/2012 27ll0 $12,547.54 09/28/2012 271 ll-27133 $230,761.74 09/28/2012 27134 $165.00 09/28/2012 27135-27159 $70,908.08 GRAND TOTAL $1,769,266.69 b. Approval of Payroll for period ending September 30, 2012: $385,286.53 c. Approval of Minutes of September 18, 2012 Study Session Format Meeting d. Approval of Minutes of September 25,2012 Formal Format Meeting e. Approval of Minutes of October 2, 2012 Special Meeting £ Approval of Extension for Economic Development Ad Hoc Committee Report Deadline It was moved by Deputy Mayor Schimmels, seconded and unanimously agreed to approve the Consent Agenda. NEW BUSINESS: 4. Second Readin�Proposed Ordinance 12-023 Proposed Property Tax—Mark Calhoun After City Clerk Bainbridge read the ordinance title, it was moved by Deputy Mayor Schimmels and seconded to approve ordinance 12-023 levying regular property taxes for 2013. Mayor Towey invited public comment; no comments were offered. Councilmembers discussed the pros and cons of taking an increase in the property tax; with those in favor of proceeding with the ordinance as it is written with no increase, stating that this is not the time for another tax, and that $108,000 in a $35 or $36 milLion budget is not a "deal breaker"; and those opposed to not increasing the tax stating that the money could be used for street preservation thereby saving citizens money for future costs, and that there is a concern in not raising the tax 1% now, could mean raising it substantially in the future; and that 1% does not keep up with inflation. Councilmember Grassel said she would like to see what would happen if we cut two or three percent as she feels that would encourage businesses to locate in our City. T�ote by Acclamation: In Favor: Mayor Towey, Deputy Mayor Schimmels, and Councilmembers Hafner, Grassel, Woodard and Grafos. Opposed: Councilmember Wick. Motion carried. 5. First Readin�Proposed Ordinance 12-024 Adoptin�2013 Bud�et—Mark Calhoun After City Clerk Bainbridge read the ordinance title, it was moved by Deputy Mayor Schimmels and seconded to advance Ordinance 12-024 adopting th�e 2013 budget to a second reading. After Finance Director Calhoun explained the budget background and highlights, Mayor Towey invited public comment. No comments were offered. Lengthy discussion ensued regarding the amount to keep as an ending fund balance, the amount to lea�e, if any, in any of the four funds, including one for the Sullivan Street Bridge, one for City Hall, one for Park Development and another for Capital Reserves; and whether the funds would be more "visible" kept in the general fund. Finance Director Calhoun stated that funds could be left in the general fund but that Council indicated at various times, a preference to set money aside for those future projects. City Manager Jackson stressed that setting aside those funds doesn't appropriate that money; and that it is important to realize that if we wanted to spend funds for example for the Sullivan Bridge, that would have to go through a budget process; he said the message he interpreted from Council was that the ending fund balance was too large, and as a lump sum makes it harder for the city to determine future needs; he said Council is proposing to build a new city park at a purchase price of about $2 million; and said if that is included in the general fund, he'd suggest a policy statement that Council Regular Meeting 10-09-2012 Page 3 of 6 Approved by Council: DRAFT maintains an ending fund balance of 72% as otherwise he explained,you're back to the position of having $26 million; and said he tried to lay out a plan that is sustainable. Mr. Jackson also noted that over the last few years, there have been different variations from Council on how much to leave in the ending fund balance, but moving everything back into the ending fund balance would take us back up to maintaining the $26 million; he said the attempt is to make sure that one-time money is set aside for one-time capital expenditures and not discretionary funds. Mr. Jackson also noted that a new city can only accumulate that kind of reserve, $26 million once, and once it's gone, it's gone. Councilmember Woodard said he doesn't agree with that belief; said we haven't discussed nonrecurring expenditures, nor has Council had a report back on City Hall, and asked about what capital reserve items are we referring to. Mr. Jackson replied that this is not a specific list but is for future needs, and a separate fund provides a lot more definition then simply putting everything in the general fund; he said originally staff recommend maintaining $26 million; but we moved from that idea and set aside $500,000 for street preservation; that Council wanted 40% of any amount over $26 million to remain in the ending fund balance; he said the financial experts tell us we are very unlikely to enj oy the �nancial prosperity of the past years and we need to look far into the future; that we need to balance revenues and expenditures each year; and this past year we spent more than we are taking in, although the spending was justified for good reasons; he said then Council moved from 40%, to set aside 100% of funds in excess of$26 million; then Council wanted to take an amount of 6% out of the general fund. Mr. Jackson said we are continuing to move to spend those funds and is it that movement in spending the reserves that concerns him; he said a true measure of financial stability is not exceeding revenues for recurring costs , which he explained is what street preservation is; he said we jump started the program but we can't sustain it forever; but can do so for four years; he said we made serious reductions to staff and spending, but it won't be long before Council will want to offer additional services and programs and we won't be able to offer them and said he fears that is the direction we are headed; he said we need to hold onto that and not spend more than we have designated for street preservation;he stressed this money is not replaceable,but if Council feels it is, then we should earn it in cash revenues. There was continued discussion about recurring and nonrecurring expenses, the idea to put money aside for future spending for Sullivan Bridge, and whether to purchase a City Hall instead of continuing to rent with annual rent increases; of not picking away at the general fund ending balance; of ha�ing the flexibility of moving funds when the need arises; and of the efforts we are making toward and the continuing challenges of street preservation. There was also the suggestion of putting the funds into one fund instead of four. It was moved by Councilmember Woodard and seconded to amend the 2013 budget to put all of the capital fund transfers into Capital Reserve Fund #315, and to then change the fund to Fund #312. Councilmember Grafos added that there should be a footnote on that fund indicating the future designations. Council concurred. T�ote on whether to amend the motion: In Favor: Councilmembers Hafner, Grassel, Grafos and Woodard. Opposed: Mayor Towey, Deputy Mayor Schimmels and Councilmember Wick. Motion passed. T�ote on the fully amended motion to advance the Ordinance to a second reading with the amendment as noted above: In Favor: Mayor Towey, and Councilmembers Hafner, Grassel, Grafos, Wick and Woodard. Opposed:Deputy Mayor Schimmels. Motion carried. Mayor Towey called for a recess 8:40 p.m. and reconvened the meeting at 8:51 p.m. at which time it was moved by Deputy Mayor Schimmels, seconded and unanimously agreed to extend the meeting an hour. 6. First Readin�Pro�osed Ordinance 12-025 Amendin�2012 Bud�et—Mark Calhoun After City Clerk Bainbridge read the ordinance title, it was moved by Deputy Mayor Schimmels and seconded to advance Ordinance 12-025 amending the 2012 Budget, to a second reading. After Finance Director Calhoun explained the proposed amendments, Mayor Towey invited public comment. No comments were offered. T�ote by Acclamation:In Favor: Unanimous. Opposed:None. Motion carried. Council Regular Meeting 10-09-2012 Page 4 of 6 Approved by Council: DRAFT 7. First Readin�Proposed Ordinance 12-026 Amendin� SVMC 7.05 —Cary Driskell After City Clerk Bainbridge read the ordinance title, it was moved by Deputy Mayor Schimmels and seconded to advance Ordinance 12-026, amending Spokane T�alley Municipal Code 7.05 to a second reading. After City Attorney Driskell spoke to the changes as previously proposed by Council, Mayor Towey invited public comment.No comments were offered. T�ote by Acclamation: In Favor: Unanimous. Opposed:None. Motion carried. 8.First Readin�Proposed Ordinance 12-027 Amendin� SVMC 17100—Cary Driskell After City Clerk Bainbridge read the ordinance title, it was moved by Deputy Mayor Schimmels and seconded to advance Ordinance 12-027, amending Spokane T�alley Municipal Code 7.100 to a second reading. After City Attorney Driskell spoke to the changes as previously proposed by Council, Mayor Towey invited public comment. No comments were offered. T�ote by Acclamation: In Favor: Unanimous. Opposed: None. Motion carried. 9. Motion Consideration: Spra�ue/Sullivan ITS Project Bid Award—Steve Worley It was moved by Deputy Mayor Schimmels and seconded to award the Sprague/Sullivan ITS Project to the lowest responsible bidder, Aztech Electric, Inc., in the amount of$202,531.21 and authorize the City Manager to execute the construction contract. Senior Engineer Worley went over the background of the project and said it is hoped the project will be completed late fall or early next spring. Mayor Towey invited public comment. No comments were offered. T�ote by Acclamation: In Favor: Unanimous. Opposed: None. Motion carried. 10. Motion Consideration: S�ra u� e Pro�ert,�quisition—Cary Driskell,Mike Jackson It was moved by Councilmember Grafos and seconded to authorize the City Manager to finalize and execute all necessary paperwork for the purchase of the property fi^om Pring Corporation, Spokane County parcel numbers 45174.9053, 45174.9054, 45174.9055 and 45174.9056. City Attorney Driskell gave the highlights and background of the purchase proposaL Mayor Towey invited public comment no comments were offered. There was brief discussion about the difference between fair market value and assessed value; and mention from Councilmember Wick that he doesn't feel the property is worth the price, but stressed he is not questioning the worthiness of the project and stating that we have not done due diligence to consider all options. Councilmember Grafos stated that one shouldn't compare undeveloped property with development property, and that this project will "kick-start" development in the area. Councilmember Wick requested that Councilmembers acknowledge campaign contributions from Mr. Pring, and some members of Council did so, with comment from Councilmember Hafner that he spoke to that in the past. T�ote by Acclamation:In Favor:Mayor Towey, Deputy Mayor Schimmels, and Councilmembers Hafner Grassel, Woodard, and Grafos. Opposed: Councilmember Wick. Motion carried. ll. Motion Consideration: Mavoral A�ointment: Keith James to S�okane Housin�Authority Mayor Towey explained the background of the opportunity for this appointment, as noted in the Request for Council Action form, and said he recommends Keith James to fill the appointment. It was moved by Deputy Mayor Schimmels and seconded to confirm the Mayoral appointment of Keith .Iames to the Spokane Housing Auth�ority Board of Commissioners,for a five year term beginning immediately. Mayor Towey invited public comment no comments were offered. T�ote by Acclamation: In Favor: Unanimous. Opposed: None. Motion carried. PUBLIC COMMENTS: Mayor Towey invited general public comments; no comments were offered. Council Regular Meeting 10-09-2012 Page 5 of 6 Approved by Council: DRAFT ADMINISTRATIVE REPORTS: 12. Advance A�enda—Mavor ToweX Mayor Towey reminded everyone that next Tuesday's meeting has been cancelled. Councilmember Grafos asked about having an administrative report regarding the Comprehensive Plan for 2013, and it was noted that such is scheduled for the October 23 meeting, and Mr. Jackson said Mr. Hohman is working with staff to suggest issues Council might want to include on that docket. INFORMATION ONLY(will not be reported or discussed): 13.Pines Road ITS Project—was for information only and was not reported or discussed. 14. Response to Public Comment—was for information only and was not reported or discussed. CITY MANAGER COMMENTS City Manager Jackson said that the topic of City Hall is on the Council's pending list, and that the directors ha�e reviewed the analysis which was done several years ago; that the next step is to review the consultant roster to have an architect examine the analysis; he said staff is watching in case anything comes up for sale, but staff is not actively seeking a site or building but more is watching for the right kind and size area; and said this will be brought to Council in due course. There were no objections from counciL Mr. Jackson also explained citizen action requests, and said even if such an request is addressed to Council, but is administrative, that council can safely assume that staff will move it forward, adding that of course Council could always meet with citiaens, but by having staff handle these requests, it ensures we are tracking the issue, and that it also provides data so staff can determine if there are issues which keep surfacing. There being no further business, it was moved by Deputy Mayor Schimmels, seconded and unanimously agreed to adjourn. The meeting adjourned at 9:32 p.m. ATTEST: Thomas E. Towey, Mayor\ Christine Bainbridge, City Clerk Council Regular Meeting 10-09-2012 Page 6 of 6 Approved by Council: CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: October 23, 2012 Department Director Approval: ❑ Check all that apply: � consent ❑ old business ❑ new business ❑ public hearing ❑ information ❑ admin. report ❑ pending legislation ❑ executive session AGENDA ITEM TITLE: Proposed Resolution 12-005, Expanding the Members of Spokane Housing Authority Board of Commissioners. GOVERNING LEGISLATION: Created in 1971, the Spokane Housing Authority (SHA) is dedicated to increasing safe, affordable housing and providing opportunities to persons experiencing barriers to housing. Annually, SHA provides housing assistance to over 5,000 low-income families through a combination of tenant-based rental assistance, SHA-owned apartment communities, and scattered site housing. SHA's slogan is "Providing Housing — Improving Lives." PREVIOUS COUNCIL ACTION TAKEN: Spokane Valley Resolution 03-033 declaring need and authorizing the SHA to exercise authority within Spokane Valley, and Spokane Valley Resolution 03-047 setting out the operational rules for the Authority, which also provided for the appointment and membership of the Board of Commissioners. Since that action, it has been determined that a six member Board of Commissioners would more effectively reflect the needs of the Authority and that the City of Spokane Valley should have the ability to make an additional appointment. BACKGROUND: Spokane County and the City of Spokane previously passed such resolutions amending the membership of the Authority. OPTIONS: Council discretion. RECOMMENDED ACTION OR MOTION: Move to approve Resolution 12-005, ratifying the expansion of the addition of one new member to the Spokane Housing Authority Board of Commissioners. BUDGET/FINANCIAL IMPACTS: STAFF CONTACT: ATTACHMENTS: Spokane Valley Resolutions 03-033, and 03-047 Draft Spokane Valley Resolution 12-005 DRAFT CITY OF SPOKANE VALLEY SPOKANE COUNTY,WASHINGTON RESOLUTION NO. 12-005 A RESOLUTION OF THE CITY OF SPOKANE VALLEY, SPOKANE COUNTY, WASHINGTON, AMENDING RESOLUTION 03-047 AND RATIFYING THE AUTHORIZATION OF THE ADDITION OF ONE NEW MEMBER TO THE BOARD OF COMMISSIONERS OF THE JOINT CITY/COUNTY HOUSING AUTHORITY; AND PROVIDING FOR OTHER MATTERS PROPERLY RELATING THERETO. BE IT RESOLVED BY THE CITY COLTNCIL OF THE CITY OF SPOKANE VALLEY, of Spokane County, Washington: WHEREAS, the City of Spokane Valley, Washington ("City"), is a noncharter code city duly organized and existing under and by virtue of the Constitution and the laws of the State of Washington; and WHEREAS, the Spokane Valley City Council ("Council") recognizes the public interest in sustaining affordable housing for the residents of the city and the surrounding community; and WHEREAS, by Resolution dated May 13, 2003, Council recognized the need for low-income housing; which resolution was updated by Resolution 03-047, designating the Authority as a joint city/county authority and designating names and terms of the five member Council of the Authority; and WHEREAS, the Spokane Housing Authority ("Authority") has provided services within the city limits of the City of Spokane Valley; and WHEREAS, the Authority has determined that a six member Board of Commissioners would more effectively reflect the needs of the Authority and the persons and jurisdictions served by the Authority than the previous five member Board of Commissioners; and WHEREAS, since the City has been incorporated a number of projects of the Authority are located within the boundaries of the City of Spokane Valley, and the County and the City of Spokane have agreed that the City of Spokane Valley should have the ability to make an additional Authority Commissioner appointment and WHEREAS, the Council wishes to endorse the expansion of the Board of the Authority. NOW THEREFORE, IT IS HEREBY FOLTND DETERMINED AND ORDERED as follows: Section 1: EXPANSION OF THE BOARD OF COMMISSIONERS OF THE AUTHORITY The Board of Commissioners of the Authority (the `Board") shall be expanded to six Commissioners composed of the following,which shall govern the Authority: Resolution 12-005 Page 1 of 2 DRAFT (a) Membership of the Board One individual who is directly assisted by the Authority,jointly appointed by the Mayor of the City of Spokane, Mayor of the City of Spokane Valley, and the Chair of the Spokane County Board of Commissioners; Two individuals who work or reside within the City limits of the City of Spokane, Washington, appointed by the Mayor of the City of Spokane; One individual who works or resides in unincorporated Spokane County, Washington, appointed by the Spokane County Board of Commissioners; and Two individuals who work or reside in the City of Spokane Valley, appointed by the Mayor of the City of Spokane Valley. The remaining provisions of Resolution 03-047 shall remain unchanged. Section 2: SEVERABILITY If any one or more of the covenants or amendments provided in this Resolution to be performed on the part of the City of Spokane Valley, shall be declared by any court of competent jurisdiction to be contrary to law, then such covenant or amendment shall be null and void and shall be deemed separable from the remaining covenants and agreements of this Resolution and shall in no way affect the validity of the other provisions of this Resolution. Section 3: REPEALER All Resolutions or parts thereof in conflict therewith are, to the extent of such conflict, hereby repealed, and shall have no further force or effect. Section 4: EFFECTIVE DATE This Resolution shall take effect immediately upon adoption. ADOPTED BY THE CITY COUNCIL of the City of Spokane Valley, Washington at a regular, formal meeting,held on the 23rd day of October, 2012. City of Spokane Valley Thomas E. Towey, Mayor ATTEST: Christine Bainbridge, City Clerk Approved as to Form: Of�ce of the City Attorney Resolution 12-005 Page 2 of 2 f CITY p�S�'aKAA�E �'ALLLY SYOKAN� CQUN�'Y, WASHINGTO� I:tESO_�UTiq�t N�l. (13-033 A RL+'�OLUTION D�CLAR[VG T1�I� V�En A��tD AUTIIQRIGIVG TH� SP4KAriF HOl1SiNC; AUTI�IORITY't`O FXER(:I,�F AUTHORITY �'Fr1THIN TFi� C1TY tll+SPOKA�I� V�1,,L�Y �VHERLAS, 1�C1'�' 35.f32.07a(13)pro�rides that fl ht�using authorit}f ntay etci�cise its po1�=�rs within the bound�ries of any city t�dt inclucled in its area af operation if thc �ovcr��ing or iegisf�ti�re t�ady UFthac eity adopts a r�soliition decltzrin�that therc is a need i far t��e hausing at+thority to e�ercise its�o�vers�vithin the cit}r; and I 1'�'H�;R.EAS, the Cit�� Cat�nc�il �f t��e City of Spokane Valley(tlie"Cicy") has I cietermineci that there is a need fo��3 housing�utl�ority to esercise its powers within the Cit�f, VIrL�EIt�AS,the SpokatZe Housin�Aufhariiy (tl�e "Aulhorit��"}��ns indicat�cl lha# it is wiliin�tc�exe��cise its po�vers withiat the Ciiy. NO�V,I�HE�2I��UR�, E�e it resoivct� by tfte City Co�ncil of the City of Spt�kane Valicy, Spo[cane Caluity, �V�Shin�ton;t�s follows: t Sectinn.l, Decla�•aiion af Nced; Auitl�ariz�tior�, The Cir�r Council nf tl�e Cit}f declares that ti�ere is a iieec� for the Autliorit�� to e�ercise its��o��rs ��ithin the�it}�. �ectian 2. Et�'cetivc D�te, 7']us resolu�ion shall be in full force ant� efFect from and a�er its�doptio�a anc� a�pro�fa.l, AnOPTk:D chis��c��y of May,2003. City nf SpUlcazie V�Iley A"CTF "' I��Iayor�tichael De� niin� lnteri.n� Gity Cler�t, �uth iV1.u�ler Ap�roireci as t� l�arm: F an lvl. •h��s{ ti, Citiy � ttorne}F � v � �. � Ctl'Y O�?SP()ItANE VALL�X Sl'UKAN1's CQUNTY,WAS1itt�FGTQ\' Z2FSOLUTIO\'iV{>.03-44'1 A R.F,SQLi1TlQIY QT .T.T� CI'I'Y COU\iC�i,, f3T' '['Hr Ci'i'Y QF SPQKAN� VAi.,L�•Y, S�YOKA�T COUT'`L`Y, ��'AS�I1ti'GT�l, �'ROVTDiNC FOIt APP£)1N1'lY1k�NT� M�A'll3E12� OF a'NF FiAARll U� C:��'INTTSSIONERS Aj�'ll f)P�RA1'IONA�� RULCS I'()l:t 1'HF SP(]KANE HQ�TSPi'G AUTF[QRITY; A1�7) }'ROVIlll�\TC:I�pR OTH�1��l�lATTFRS F1t01'E12LY R�Tdr�TING TH�lt�;'1'Q. JQ11V'i' Cl'1'YICOLTNTY F�UUSING AUTHORITY {;1TY O!�SPOICt1NF, VAl�L�1' Spakanr-Caunty,�V,�s��ingt�n B� ['f' ItESO�VF❑ !3Y '17-I�: Cl7'Y COU�tCIIa Qh 'f'1-I� CiTY Of SPQKAN� VALL�Y, oF Spal;flne Ca�nt��, WTS�III1glpEl: �Vf-fL•"kEt1S, tf�e City af Spo�Cane V�Iley, V1'�isl�ing#an {"CITY"), 1$ A i1pI1CI�i1CC�:C CO(�E ClCy duly � nrganized ar�c� e�istiitg uitd�r �t��d by virt�ic of tlle Constituiion �ttd the It��vs of the State of 1'4ias��ingtort; and 1�FIEIZLAS, the Counci! of tt�� CITY ("COUNGlf.."} recogiiizes thc publie iitterest it3 sustninii��, ;rffordable housin�far the �•cside�it:s of the city ancl chc surrounding cnmmernit};a�ic! ( �1�FI�REAS, by Resolutior� dflted M�y 13, 2003, COIJNCIL recognizeci �he nccd far low-incame hat�sing;and 1V!•I�,Itk,AS, il�c S�okane f-Io�tsiRg Atrthority("AU'1'HOIZITY") has �Srovided services ►ti�ithi�t tJie city limits rsf the city of Spokane Val[ey; ¢uid 1��I-IFRI:'AS, recn�;niti�r� oF sucli geographical sen�icc A►•ea was recn�nized hy Rcsolutio�l of both tlya City of Spp�;ane and Spokt�ne Coun[}3 deferring�ppoiEititient to GtTY, one member oC tl�c �aard c�f C��ttntissianers of the AUTI�IORI"1'Y ("$4�R.Ta") ��ho �.�arks or resides witljin the city of �pol;anc ValEcy;��td 1'Vk•I�EZEAS, every hausi��g aiEthr�ritp ir� tl�e State of Washin�tpr� is a�iharized ta do ��ny a��d all tl+ings necessary or t�esirable to sEC�ar�; tf�o fina�tcittl aid nr cooperation of the federal �averrimcnt in the iande�ti�kirr�, cOnstruction, rnFSintcr��r�ce or nperati�n of�ny housir�g project by such aut}�ority purs�Ennt io i�C��f 35.x2.saa; �„d 1VH�I�AS, AUTf-IUftI'i'Y has in dte past ��td will itt ll�e �utut�e, sect�re the fin�incial aid �iid �oopc�tltian of the federal g��ernnlent ancl is svlefy respoiisible for �If debts and operatin� cxpe�ise_s i��c�irrcd in tl�e operatioi�of t1UTl•IOftl'1'Y. \O1�V'f!•I�RE�ORi�, 1T IS I-l�I�,BY FOUNf� D�'I'�ttM1NED A�lt� ORU�ItI�l7�s fol[o►ti�s: Scctic�n !: hI�\7)]1'G ()r NLCLSSITY � ' Upon revicw of the infarm�tiqn be�fare it flnd �ftcr co��sideration aF inat�rial provided to it, COUNCiL mnkes Ihe FolEo�ving determinatior�s: ftcsulu�ion i13•0�7 E'agc 1 oE'G t ' (�) 'Fhe aF�'ordability of adequate ho�tsin� for fl ntmtber of residerits �vit�in the boundaries of the city of Spokt�ne Valley is aii increasing prnblcir�; {I�) AU"I�I�101�1`t'Y }it�s cntcrcc� into a c�um6er of agreenients �ti�ith otlier�nurticipalities ��itfii�� S��of:ane Catinty to assist «�i�f� this problei�l and hns f�ar� s�iccess �roviding mora ltousi��g opportE�nities � for lo+v irtcame inclivicivals, but tlie problem ot' �icEey�iate I1ptISIE1� P41' I014' incon�e residents of this ; caizunu�iity sEill ren��jins; i SectiaEt 2: A�IJTHORiTY (s} ��me of A�ithority. Tl�e nan�e af tl�e Ai�tharit�r s)�a11 6e ancl rem�iri "SpnlcAne €�lousi��g �1��tli�rity." (b) Se7I pF fla� Aiit�iority. The seal of tEie Atithorit��sh��ll be in the fUr[st of�cirClC ai�cl sltal l be�r�h�nanze of tlie/1�rtfiority and the�rear c�f its organizatian��s�i jainl citylcour�ty ho��sing autiiority. (c) Officc nf A�ithnritv. Tl�e office of the fluEltoriiy shall be a[ sucli �!�►ce ii� tlte Cati�try of Spok�ine, 1�1��ist�it��t�n, as the Autklority may feom titne to time c�c�signate by Resc�lutioit. The af�ici�l affice nFt�te�t�ll�ority is�resently located at SS W, rl�tission, Spbkane,`Vashi�i�to�ti. Sectia�� : Al'I'4IN'i'YIENT A�N7}T�NURF QF CQM`91SSIUN A b�ttrcl o!' fi►!c �Sj COEri1111S510118i'S (t�dACZll) con�poseci of ttic following shall govern ( AU'i"HUKI'i'Y: (�j) rl�tern�crshi��afthe L3pAlZd. 4ne {I) indi+�idua! �v�io is direckly �ssisted by i1UT1-�OR.ITY,jc�intfy a��nii�ted hy the �lnyor of tl�e C:it�t af Spo�;aric, 1he Mayar af the Gity of 5polc��ne Valte}r, and t}ic Chair of the E3oard of Cauitity Con�missit�ners; 'I'�va(2} individu�ls �vho �a�qrk or resitte«�itltii� the cit�� limits of the cit�+oF S�oka��c appoi�ztcd by the Wa��or anc3 confirn�eci by tl�e CoUiicil c�f tf�e Cin�of Spokane; Qne (1) irtidi�idual «=ho wor�:s nr resic3e� in �ini»ec�r�yoratcd S�ok��e Caunty, W�shington, �ppoinled by the k�o�rd ofCon�missioEters of Spokane�ount��, 1lrashington; One (E) indivi�luAl \V�lO 4ti`01'I�5 OC �eSl(I8S ►i'k1:}11E't �I1C Gl[]� lintits of tlte city of Spokane \��Eley, E�ppoii3tecl by tfie��laynr and ct�nf i'rmec! hy COLNCTf,:of CITY af Spal:��je Valley; �� i�,�� / , �/� (I>) I;xistin k�� 4AI�D. � /��''v�C Thc Icrm oFeacl� �ppointmenk sha�f be for f�vc (Sj ycars oi� �► rot�ting b�sis in coneurrecjce �with pra�isions under RC�V 35.82,040. WitE� the establishment nf lhe jaint cit�+lcae�nt�� l�ousing authority, t1�e falla�vin�Comrttissioners and tenns s}��II be cerli(iecf�s follo�vs: ,fi�lia Rahn�aan—SHA-�ssistecl Represe��mcitire 311512006 41�illi�m 7�cck—C�ily of S{�ok�tne �2e�resent�iti++e 3115120Q4 4 � 'I'erri Symbol--Couitity nf S�oR�ne Etepresenl�itive 311 SI2Q02 Itcsalutian U3•Pil Pagc Z of G �� K.ich��rd Brittsiii—City nf Spokfine R.epresentativc 3/1 Si2pQS J�ne�13rts�ine—C�I.y of Spakst�e Valle}r Repr�sent��tive 3f I S/200R ��iy settt <<acated prior tc� the exf�irttti�ci of the term sli�il be fi!lerl by the ��►prppri�,ic jurisdictio�t a��d sltall be for Hte unexpired terr�i of tl�at C��missioner's seut. (c) f�en�a��l of Commissioner. �'ae ii�efficienc}r or ne�lect nf duty or��iscand��ct irt of[ice, � Comm�sSi4ner ntay be remo�ed by dic Niayor (if a City ap�ointee}; tltc Cltair af the Boarc3 of Cotint}' Coittmissio�tet� {if a C:o��nty ap�ai�tiee); ancE the Mapor of Spok��tc and C�t�tir jointly as SHfI-assistecl represcntative t��a�ointee. A '� C0�13i111SS1011�[' [Zlfly be remnvecl br►ly aftc�• I�avi�y� been giv�n a capy oFthe e��rges at lcast tcn (lq} d�►ys prior tp dtie heflring thereon i�nci t�l�er hAvi��g an oppartE�nity to be he<<rcl in persoat or by Cour�cil. In #he event af the rei�iov��[ of�ny COitt�11iS5i0�ler, � recard of the praceedings, together �aith the chArges and fiindings thereon,slfall be liled in fhc QfFice of tlie Secretary. Scctioi��: U�`F1C�:3�5 (a} i7f�cers, 'i'E�e offcers oF I,UTHOR.ITY 5ha11 be a Cl�flir, a Vice-Ch�ir und � Secretary 4vho shatl bc�I�c�'xccutive Directar. (b} Cl��+ir. T]ic Chaii• sktpll preside �t tt11 meelin};s of tlto SOAl2.ia. F�xce�t as athenvise aEitliarized b�� liesolu�ion o�'t��e 13pAttb, tl�e Chnir sh�jli sign �[! eont{�cts, t�ccd, aE�d otiter instr�iments ( m�tie by ttU'l'NORITY, At eacli n�eeting, El�e Gl�air sl�afl s��bmit suclt reeommei�dAtic�ns and infonuation as tlle C:hair consit�ers��roper cpncer�3ing the business,�►ff�rirS#tnd �olieics of�UTFIQRITY, (c) Vica�l�air. Tl�e Vice-�h�ir sh�ill perform t�te dtik+es of klte Cltair i�t tlte absence or iitc{tps�city of thc C}��ir. ln case af the resig��tition or cleatlt of tltie Cl�air,the Vice-Ch�ir shafl perforr�� tlte duties as are imposed on lii�Cliair�ntil s��ch times as BOt1ItD slial� eleet fl i�e�j•Chair. {d) 5ecretacv. Thc Secrctar�r sh�ll t}e tlie �,�ecEitive qirector of FIUTHORI�'Y and as �ucE�, 5f�a11 k�ave gei�eral st�pei-visiai} aver tf�c aclmiitistratio�3 r�f its �usii�ess�nd affairs, subject to Efic directio�i of r�UTt-IOftl�'Y. '[�I�a �xecutive DirecEOr sl�all be ch�rged �vith the mana�;emer�t df!!ie t�otrsii�g projccts af�UTWQRITY. 1'he Secretary sliall kee� [he recnrds c�f BOAR.D, siiail �ct as secretttry af tlie meetin�;s of E3QARI� and recnrd �11 ��otes, �nd sh�ll kecp a record pf tlte praceecii�gs of k�OAItD in a }our��a! of proceediE�gs to bc kept for such �ur�roses, a�id sf�all perfarm Eill d�ifies incidc��i ta tl�� office. 'I'iie Secretfliy sha[i kee� in sTfe custody, ti�e s�al of AU'fl-�O1t17'Y �ncl sf�ail ]�avc t��e po��er ta aftix sEich seal la�i[cantrf�cts anc! in5trurncrtts�utfiarizec3 to be erec��led by AUTI-t41�iTY. Tlte Secretar��sl�all ha�e the care �nd cc�stpdy of Rll ftE��ds of A[J'�'1•101Z1"I'Y, and shtill deposit the 5AE11C IIl t118 t1t1111� o�AUTHORITY in suc)t bst�k or ha��ks as �1UTHORITY m�y� selcet. 7"Ile Sec�retar�� SItAII 51�f1 flII OTC��CS 1E1CI C�IeC�S �01' [I1C �]i�yftl�ilt O�EriOE]E)r and shall �ay out a��d disburse sa�ch ��lane�is under iiie c[ircctioi�of AU`1'1-IORiTY. E,r•cept as othen��ise autharized b��Resol�itian af BOAR.f�,all such nec�ers �nd checks sl�€�[I t�e Gac��ts��si�ned by the Cl�air. T1�e S�cr�tary sh�tlE keep re�;Etlar 4�ooks oF accauiits sf�o��in�; receipts a��d expe�d'ttE�re� a»d shall rend�r to i�0AR�3, at each reguletr ineeting (or rr�ore often if reqtEested), �i�� RCGQUtIt 0�F11I AU�I�J'�OIZITY ffiE11S�1Cti011S $11{I �Ile �IllEitlCla� C{lllC�l�lptl Q� �. AU"I'l�lQRiTY. 'f(le Sec:retary sl��Il give sucl� bond fc�r the faittifiil perForrnance of these duties �5 F�dARD m�y ctetcrmi��c. Resofution 03•Od7 Nagc��f� I� �. The cnil3pensatio�� of tl�e 5ecretary shall be determined by ,aa��.n, prv��ided lhat a tempor�try� a��paintee seleclecl frvm an�ong tl�e Coisi�nissioiicc;s at AU�I'1-fUR[TY sl�alI serr�e witha�it compe��s��tio�t (b[her 11»n khe �ayment pf neCesSar�r e�xpenses}. (e) DEhcr fauties. The nfFCers oF AUTi•IOItlTY sl�all perform sucl� olher duties aE7c4 I fuitetions as t�rry from ti��te t� tin�� b� rec��Eired b�j C�0�1RD or the by-t�a�+�s or rulcs a�td regul�tions of AUTI-14Et[TY. (t) �lectinn af A�nointment. '1'h� Ch�ir and Vice-CEiair sht�ll be eicctec3 at the �E�nu�l meeli��g of AI�'1'I-IC)RITY ('rorrt st�aong the Cotnmissianers of AU'1'i-[Qtt1TY, anc� sl�all hald office far one{t)��car qr unti! tl3eir suecessors are elsctec��nd qu�lified. The Secret�jry slfall i�e A��ointed by �1L11'HOR[TY. Any person <ippaintecl to fill the office of Secretary, c�r �iny vaca�tcy tl�erein, sh�jl! flave Sacl� term as AU'I't-i0}�'["Y fi�ed, t�ut rio Com��iissianar of AU'['f-�dltl'["Y sh��il be eligible for�lt[s o(�ice cxcc�t as �te�npar�r��fippointee, (�) t�acancies, Shauld tltie of[ice af'Cf�air or�+ice-GEiair became vacant, t1U'1'f•[01t1'I'Y shscll e�lect a successor from its membership at the ne�t regular meeting, ai�cl sucl� clectic�n sl�ofl be far the une�pirecl term of'�aid office. 1V�en EJte offce of the Secret�ry �ecomes vacant, AUTI�If]itl`I'Y shall a��point a successor�s aforesaid. Seclic►n 5: MEETli�'GS ( (a) Aii�i«al Meetin . The aitinu�[ itieeting o� AUTHQRITY shaf) be held oti the tltird lriandayr o1'October at 3:30 p.m, �t ilje regular n�eetin�p11ce af AU7't•IOR.f"f Y. (b) I7f�Lllill' �I�E�llll fs. Regular r��eetings shnl[ be hetcl �s�i�hout riotice �►t sucl� time�incl plaec as m�q� E'rorrt tir��e to time b�cletermincc! arrd give�i public, f��;�il nolice. � (c} � ecinf Ivlectin�, 'C1�e Cltair of the 1�OAItD may, n�hen deemed expet�icnf, �ad sha}[, �i�aoi� Ihc �vritten �CC�l1£Sf c�F I�va (2) Co�3�missioners �f AUTFIQIt[TY, c�l) a speci��l �1�eetii�g af the E�OARl7 foe the pur�.�ose of transacti��g flny h�}si�ess de�i�i�atcd in the call. '�'he cal[ t'or a speciai meeti»g rnay�ie deliuered ln e�eh Cwitmissio��er of AUTHORtTY to eitl�er dte I�qme or bctsiness address at le�sl two (2) cf�ys p�•inr to the date of tf�e s�ecial meelin�. �tt such special meeting, no businesS slia[[ ba consicieretl ot9ier tha�7 as designRtec� in the eall, hut if=�ll oF If�e Cornr3�issioners of ALITHORITI' are presen�at a special meetir►g, �ny�nd all f�lisiness i��ry b�trat�sacted at sucl� speci�t! meetin�. (cE) uorum. 'I'he po�vers of AU'fl•IQR.['I'Y shall be vesled �� t}te Commissioners thereof in officc frvnl time to ti�ne. "i'hre� (3) Camrnissionsrs shnll canstitute a quorum fa�• the �urpose oT c�nducting its busiEie.ss aEicf exercisin� its po�ti�crs ant� fn�• �If dther �tirposcs, bt�c a sn�aEler ni�rr�ber mAy ad}ai�rn fron� tirne t� ki�ti� u�itil tt qtioru�tit is o6t�it�et�. �Vhei� tt C��oruit� is in �tfendance, �tction may !�e t�keEt by�tUT!-14R.1"I'Y uE�on �ote of Ihc tnajArity af'the Commissioncrs �resent. (E) Order nf l�usiness, At tEie re,gula�� iz�eetin� of t1UTHOF�.I�'Y, tlie foElaevin� shall be tl�e order of business: 1. Gvr�vei�i�ig of tvieeEinr� � 2. Actian on propc�sed itesnlutians antl Motions Res�luiian Q3•Q47 • t'ugr 4 nf fi 1 � . 3. Cause��t C�ienclar Approval of minutes af pr�vious i��eeti�ig Itevie�v af m0»th-ei3d NintinClal Repor#s l�epartme��t reparts I�eSident Gro�ip repOrts Nc�tis cC Noles �. Ne�+� 13usiness 5. Unfinished Business 6. Adjournment All 1Zesolc�tions sl�all be in �+�riting and shall be ca�ied in �s jour�ia[ af the proceedii}gs of 130AR.T�, (n U1;�nner of Voting. 'Cl�e vptin�oif all q«eslio��s cottting before t1UT[•��Rl`I'Y sltall be kyy vaic� ��ote, :�nd the Ayes ancl No�s shall be cntered upon Ehe minutes of sttch rnccti��g, except on th� clection oI'of#iccrs�uhinh may bc 1>y baliat. {g) S�6-Committees. ��b-cvm�nittees m<<y be establisl�eci [�y Ehe Gi�air as � standin�, ar acl- hac �:�mmittee. Sub-com�nitte�s sf�7il cansist of hi�o (2j Carni�aission�rs, Af it�e request of t�ic sti��- co�nmitte, AI�TFI(71t1"1'Y pe:rsa«��el inay be assig��ed k�y the Seer�ta�y. f Scctin�t G: AUTI�TUT2ITY k'OR Q��RAT10N (a) St�ti�tnr��. AU7'i•lUftl'fY sha11 ha��e the le�al aufhariiy t�nd lhc com��lete abligfltioi�s As set forrh in the In��s �tncl Co�ZStitutinn of'i}te State,pF W�ishi�laton. Nothing sct f'ortli herein i� i�itended iti ariy�vay tp limit tltis �ulElorit}1 or AU`I'HORITl"S Ability to operate. (b) ftssum�tia�� af R.espoiisibilities. Ai1�'f�14RE`I'Y tassume�s all oF the contractua[ �+nd �nancial liflbi(ities 4'br tltie Spokane Housir�g Authnrit}'. (c) pro€'essic�n�l Sen�ices. R(�ARL7 0{'Al)'1'I•IOIt11'Y ShaEl ��ave t�e �ut}�oriE}�, fronj time to time; ta t�p��oint tfi� neeess7iy professionals to .iSSist it, 111CIU(�Il1�+ I)l!t I10� limitec! t4 leg�l counsef, uiiderti;�ritin�a�td fit�zncisl scrvices and Utltier�rqfessian�il �SSistai�ce deerne�l E�ccessary. (d) 8 ��fs. �iOARp �nay adapl, and from tiizie to tiine anti�nc�, hyl��vs anc� otf�er nEEcs oF operatian. (e} Fir��ncit�l Ites�4E�sii3ilitv. t1UTi-TOl2�TY sh�ifl be respoits�6le for its ocv�� finaar�ci��l ��jci �tl�er obli��ti4nz. Absettt s�eci�c �tction by GOUNCfL, GITY sh�ll h�ve no fin�►ncial or vther ros�oitsibility!'or the oper��tian of AlJ'i'I�IORl7`Y. $ection 7: VL+'i\TERAT.,AI�'1'HO1t1ZAT1(�N Tite �!fayor, Chicf'Ad�ninistr�tivc Officer�nd tl�e Ci#y Attorney, �s age��is anc� represe��tati�es of C17'1` �re fte�eb}� a�Etl�o��ized antl clirected to cio eve��l�ing necessar�+ to �ccomplish tl�e acts set f'orth in � this Itesolu�io��. ltcsufuii�ri 03-U47 I'age 5 of 6 ,-- � � , Seeti�ii 8: k2ATT�ICATION O�PAST ACTS r�kl acts ps Itieretofore lakcn by CI'I'Y oll�cers, s[afF, �ttorneys ttncl �gonts cai�sisteE�l �vith �he teri�is and�t�rpases ot`fhis Resolutio�� trE ilereb}=raEif'ret3, �oufir�nC(1 �nd t�ppro��ed. Seccion 9: S.rV�R�tsit;['.['Y !.f aEjy o��e ar more af'the cove�a�nls or agreeEr�ents providecf in this Resolutia� to be perfori��ed �r� the �art aF CCI'Y shtill be decl�red by ��ny co�iR of com�aetent j��riSC�iction to be contrary t4 la�v, t��ei� suc}i co�+ef�ant or covenants, �gr��m�nl or �grecn�ents, sli�[[ be null aiid ��ic� ant! shall bc deeiY�ed separable fron� the rem�ir�ing co�en�nEs t�nc! agrce�nents of this R�solutio►t aE�d sl�all in no w�y aFfect th� validily�fthe other nrUviSiOris oftliis Resolulion. Scctiai� !A: REpT'�ALT;l2 All Rcsolutiotts ar par�s tltcreoF in conFlict Itere�i�itlt are, to the exlent of sticl� coi�flict, �ereb}f repealecl, nnd Sl�all �la<<e no fiErther fprce nr affeck. �ectlon i l: ��'r�C'1'1V.�I)A'1'� Tt�is lte�olutipt� sli�l! take effect immec�iately upon its atioptiOiZ. r. �1DOPTri� Niis 23`�dtt��01"SeJ�tc��ber,20�3. C:!`!`Y OF SPQKAN� VALL�Y —�! � Vlie}tael [�eVEe�nin r Iayor F�.'.. .�, � t �. �� rrisftne 13�7inbricl�;e, Cit}�Cferk - AI'3'ROVEG AS��4 I`O1�M: ,, ��'tae ey Sc�� rt� li�[erint ily Attor�iey �' Resalation U3•al7 1'ogc 6 of b CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: October 23, 2012 City Manager Sign-off: � Item: Check all that apply: ❑ consent ❑ old business � new business ❑ public hearing ❑ information ❑ admin. report ❑ pending legislation AGENDA ITEM TITLE: Second Reading - Ordinance 12-026 amending Spokane Valley Municipal Code 7.05 relating to nuisances. GOVERNING LEGISLATION: SVMC 7.05 PREVIOUS COUNCIL ACTION TAKEN: Adoption of 7.05 in 2003, amended in 2003, 2004, 2005, 2006, and 2008, administrative report July 10, 2012, administrative report September 18, 2012, and first reading October 9, 2012. BACKGROUND: Staff reviewed SVMC 7.05 for changes that would make it more efficient and effective, to clarify areas for responsibility for the City relative to areas of responsibility for citizens in relation to nuisance encroachments in the rights-of-way, to remove noise violation language that properly falls under police enforcement in roadways, and to add language that would clarify when enforcement against other noise violations may occur. OPTIONS: (1) Approve Ordinance 12-026 as drafted; or (2) take other action deemed appropriate. RECOMMENDED ACTION OR MOTION: I move that we approve Ordinance 12-026 amending Spokane Valley Municipal Code 7.05 relating to nuisance conditions. BUDGET/FINANCIAL IMPACTS: None. STAFF CONTACT: Cary Driskell, City Attorney; John Hohman, Community Development Director ATTACHMENTS: Ordinance 12-026 amending SVMC 7.05 DRAFT CITY OF SPOKANE VALLEY SPOKANE COUNTY,WASHINGTON ORDINANCE NO. 12-026 AN ORDINANCE OF THE CITY OF SPOKANE VALLEY, SPOKANE COUNTY, WASHINGTON,AMENDING SECTIONS 7.05.020, 7.05.030, 7.05.040, 7.05.050,AND 7.05.060 OF THE SPOKANE VALLEY MUNICIPAL CODE RELATING TO NUISANCE CONDITIONS ON PRIVATE PROPERTY; AND OTHER MATTERS RELATING THERETO. WHEREAS, the City of Spokane Valley previously adopted Spokane Valley Municipal Code (SVMC) Chapter 7.05 in order to maintain a safe and healthy environment by regulating nuisance conditions that contribute to injury,illness, and devaluation of property; and WHEREAS, since adoption of these provisions, the City has gained additional insight in how to better identify and regulate such nuisance conditions; and WHEREAS, certain existing provisions within SVMC Chapter 7.05 should be amended to better reflect the City's current practice of identifying and regulating such nuisances and the types of conditions that constitute a nuisance. Such changes directly relate to the life,health and safety of the City's citiaens. NOW, THEREFORE, the City Council of the City of Spokane Valley, Washington ordains as follows: Section 1. Amendin� Spokane Valley Municipal Code 7.05.020 Re�ardin� the Definition of "Person Res�onsible for a Nuisance Violation". Spokane Valley Municipal Code section 7.05.020 is hereby amended as follows: "Abate" means to take whatever steps are deemed necessary by the director to ensure that the property complies with applicable nuisance ordinance requirements. Abatement may include, but is not limited to, rehabilitation, demolition,removal,replacement or repair. "City"means the City of Spokane Valley, Washington. "Code compliance officer" means a regular or specially commissioned officer so designated by the director of community development for the City. "Days"will be counted as business days when five or fewer days are allowed to do an act required by this chapter. "Days" will be considered calendar days when more than �ve days are allowed to do an act required by this chapter. "Determination of compliance" means a written statement from the director that evidence exists to determine that the violation(s) has been sufficiently abated as to the nuisance violation(s) stated in the voluntary compliance agreement or notice and order. "Director"means the community development director for Spokane Valley, or his/her designee. Ordinance 12-026 Amending Spokane Valley Municipal Code 7.05 Regarding Nuisances Page 1 Of 9 DRAFT "Found in violation"means that 1. A notice and order has been issued and not timely appealed; 2. A voluntary compliance agreement has been entered into; or 3. The hearing examiner has determined that the violation has occurred and such determination has not been stayed or reversed on appeal. "Graffiti" means unauthorized markings, inscriptions, words, figures, designs or other inscribed material visible from premises open to the public, that have been placed upon any property through the use of paint,ink, dye, or any other substance capable of marking property. � "Hearing examiner"means the City of Spokane Valley hearing examiner, as provided by Chapter 18.�820 SVMC as adopted or hereafter amended. "Impound,"for the purposes of this chapter,means to take and hold a vehicle in legal custody. "Inoperable" means incapable of being operated legally on a public highway, including, but not limited to,not having a valid, current registration plate or current certificate of registration. "Junk vehicle"means a vehicle substantially meeting at least three of the following criteria: L Is three years old or older; 2. Is extensively damaged, such damage including but not limited to any of the following: a broken window or windshield, or missing wheels,tires,motor, or transmission; 3. Is apparently inoperable; 4. Has an approximate fair market value equal only to the approximate value of the scrap in it. "Mitigate" means to take measures, subject to City approval, to minimize the harmful effects of the nuisance violation where remediation is either impossible or unreasonably burdensome. "Nuisance" means the unreasonable or unlawful use by a person of real or personal property, or the unreasonable, indecent or unlawful personal conduct which materially interferes with or jeopardizes the health, safety, prosperity, quiet enjoyment of property or welfare of others, offends common decency or public morality, or obstructs or interferes with the free use of public ways,places or bodies of water. "Person" means any individual, association,partnership, corporation or legal entity, public or private, and the agents and assigns of such individual, association,partnership, corporation or legal entity. "Person(s)responsible for a junk vehicle nuisance violation"means: 1. The land owner where the junk vehicle is located as shown on the last equalized assessment roll; and 2. The last registered owner of the vehicle, unless the owner in the transfer of ownership of the vehicle has complied with RCW 46.12.101; and Ordinance 12-026 Amending Spokane Valley Municipal Code 7.05 Regarding Nuisances Page 2 Of 9 DRAFT 3. The legal owner of the vehicle. "Person responsible for a nuisance violation" means the person who caused the violation, if that can be determined, and/or the owner, lessor, tenant or other person entitled to control, use and/or occupancy of the property, includin� an�public ri�hts-of-way abuttin� a person, firm, or enti .t�property where the nuisance violation occurs- "Remediate" means to restore a site to a condition which does not pose a probable threat to the general public health, safety or welfare. "Vehicle," for the purposes of SVMC 7.05.040(P), includes every device capable of being moved upon a public highway and in, upon, or by which any persons or property is or may be transported or drawn upon a public highway, including bicycles. The term does not include devices other than bicycles moved by human or animal power or used exclusively upon stationary rails or tracks, as set forth in RCW 46.04.670. Section 2. Amendin��okane Vallev Munici�al Code 7.05.030 Re a� rdin� the Com�liance, Authority and Administration of Nuisance Violations. Spokane Valley Municipal Code section 7.05.030 is hereby amended as follows: �In order to discourage public nuisances and otherwise promote compliance with �""'��'�'° ��° e�e�-��s��this Chapter, the director may, in response to field observations� �s, determine that ��° ��a��° violations of this Chapter have occurred or are occurring, and may utilize any of the compliance provisions contained in Chapter 17100 SVMC. � , , � , � , � Section 3. Amendin� Spokane Valley Municipal Code 7.05.040 Re�ardin�the Ty�e of Nuisances to be Re�ulated. Spokane Valley Municipal Code section 7.05.040 is hereby amended as follows: No person, firm, or entity shall erect, contrive, cause, continue, maintain, or permit to e�st any public nuisances within the City,— includin� any public ri�hts-of-wav abuttin�a �erson, firm, or enti ,r's pro�ert,�Prohibited public nuisances include,but are not limited to: A.Vegetation. 1. Any ve�etation, or parts thereof, which han� lower than 8 feet over an�public walkwav or sidewalk; or han� lower than 14 feet over an�public street; or which are r� owin� thereon in such a manner as to obstruct or im�air the free and full use of the walkwaY, sidewalk, or street b,��ublic, or violate clearview trian�le policies adopted bv the City. The City shall be responsible for maintainin� all ve�etation placed by the City adjacent to a public sidewalk, walkwaY, or roadwa,� Ordinance 12-026 Amending Spokane Valley Municipal Code 7.05 Regarding Nuisances Page 3 Of 9 DRAFT i@�t-cttil7t`�c7�3ttttttC� •,11�,r ., �;.7�.,ll��:ra niriTicc�Ou��'aiic �� • > > � � ..lo.,...; �,«.,,�.,lo�..,1;..;0� .,.a.,,�ro.7 l.. �L.o (`;�., 3. Any growth of no�ous weeds or any toxic vegetation shall be subject to Chapter 16-750 WAC as currently adopted and hereafter amended. B. Buildings, Structures,Fences. 1. Buildings or portions thereof which are deemed dangerous pursuant to the Spokane Valley building code (currently adopted International Property Maintenance Code and the International Existing Building Code); provided, that such conditions or defects exist to the extent that the life, health,property or safety of the public or the structure's occupants is endangered. 2. Any fence that obstructs or obscures the view of traf�c or traffic control devices, pursuant to clearview triangle policies adopted by the City. C. Sidewalks. 1. Any protrusion, awning, or overhang that inhibits or obstructs use of a public walkway or sidewalk. 2. Any object, construction, or damage that inhibits or obstructs the surface use of a public waLkway or sidewalk. 3. Snow or ice not removed from a public sidewalk within a reasonable time. 4. Accumulations of dirt or debris not removed from a public sidewalk. D.Unauthorized Signs. Any sign not in compliance with the City's currently adopted sign code. E. Accumulations of Materials, Garbage, Recyclables,Furniture, Machinery. 1. Building and Construction Materials. Accumulations, stacks, or piles of building or construction materials not associated with a current, in-progress project including metal, wood, wire, electrical or plumbing materials in disarray or exposed to the elements on the property. This provision does not apply to a designated contractor's yard, as defined in the currently adopted Spokane Valley Zoning Code. 2. Garbage, Recyclables, Compost, and Infestations. a. Garbage not kept in a proper receptacle with a tight-fitting lid. b. Accumulations of broken or neglected items, litter, salvage materials, and junk not in an � approved enclosed structure, ' , , � c. Recyclables not properly stored and regularly disposed of. d. Creating or maintaining accumulations of matter, including foodstuffs, that harbor or are an attraction for the infestation of insects or vermin; failing to eliminate such infestations; � or failing to eliminate intrusive insects. Ordinance 12-026 Amending Spokane Valley Municipal Code 7.05 Regarding Nuisances Page 4 Of 9 DRAFT 3. Furniture and Appliances. a. All broken or discarded household furniture, furnishings or equipment, or any appliances � not in an approved enclosed structure, ' , �' , b. All accessible refrigeration appliances not having the doors secured or removed, or any enclosure that can entrap humans or animals. 4. Machinery and Equipment. Broken, inoperable, accumulations of, or parts of machinery or equipment not in an approved enclosed structure, �� +'�° ��+,'��'�, ��:�° � �,.a� ��+'�° N,.�,�°,-��. This subsection °-��does not include �'lunk vehicles that are regulated by subsection P of this section. F. Fire Hazards. Stacks or accumulations of newspapers, dead vegetation (excluding properly maintained compost piles), cardboard, or other paper, cloth, or wood products left in a manner that could pose a � substantial risk of combustion or the spread of fire-, as determined by the Fire Marshall. G. To�c or Caustic Substances. Improper storing or keeping of any to�c, flammable, or caustic substances or materials. H. Smoke, Soot, or Odors. The escaping or emitting of any unnecessary or harmful smoke, soot, fumes, or gases, or odors offensive or harmful to persons of ordinary sensibilities. L Bodies of Water. 1. Except for City-approved structures related to storm drainage systems, all stagnant,pooled water in which mosquitoes, flies or other insects may multiply. 2. The polluting of any waterway, well, or body of water not subject to the jurisdiction of the Spokane regional health district. J. Holes, Pits, and Excavations. All uncovered holes, pits, or excavations not marked or guarded that are in excess of 10 or more inches in width at the top and four feet or more in depth. K Attractive Nuisances. Any accessible attractive nuisance to children including, but not limited to, unattended machinery or equipment, unsecured abandoned or vacant buildings, open and unattended vehicle trunks, or other unguarded conditions or situations that could injure or trap a child. L.Noise. 1. Any noise or sound that intrudes into the property of another person that exceeds the maximum permissible noise levels as established in WAC 173.60.010, as currently adopted and hereafter amended. 2. Sounds created by use of a radio, television set, musical instrument, sound amplifier or an.� device capable of producin� or reproducin� sounds, which emanate frequently, repetitively or continuously from anv buildin�, structure or �ro�ertv located within a residential area, and which annov or disturb the peace, comfort, or repose of a person of reasonable sensitivit� Ordinance 12-026 Amending Spokane Valley Municipal Code 7.05 Regarding Nuisances Page 5 Of 9 DRAFT � , , r� ., „�a.,r„o,.„ ,.;�;,...ii. ,..,.;��oa �.. i.,,t, 3. The creation of frequent, repetitive or continuous sounds in connection with the starting, operation, repair, rebuilding or testing of any motor vehicle, motorcycle, off-highway vehicle or internal combustion engine within a residential zone, so as to unreasonably disturb or interfere with the peace and comfort of owners or possessors of real property. . , , � , � ; � , ; , ��o,,.� �,.� r�, .,�.i. i,,,,a r 4. Any other sound occurrin� frequently, repetitively, or continuously which annoys or disturbs the peace, comfort, or re�ose of a�erson of reasonable sensitivit� M. Dust. Disturbing the topsoil of any land area, or permitting the same, by any person without taking affirmative measures to suppress and minimize the blowing and scattering of dust so as to unreasonably disturb or interfere with the peace and comfort of owners or possessors of real property. This provision does not include permitted agricultural activities as legal nonconforming uses or permitted agricultural activities in general agricultural zones. N.Nuisance Premises. Any premises or structures allowing or maintaining prostitution, lewd behavior, underage consumption of alcohol, the harboring of juvenile runaways or wanted persons, or where there is the use, sale, manufacturing or distributing of any narcotic or controlled substance, or at which there is a pattern of criminal activity, are prohibited nuisances. O. Yard Sales. The holding or permitting of a yard sale on the same real property more than seven consecutive days, or more than two consecutive weekends. P. All junk vehicles, or parts thereof, placed, stored or permitted to be located on private property within the City limits are public nuisances to be abated as provided in this chapter. This chapter does not apply to: 1. A vehicle or part thereof that is completely enclosed within a building in a lawful manner where it is not visible from the street or other public or private property; 2. A vehicle or part thereof that is stored or parked in a lawful manner on private property in connection with the business of a licensed dismantler or licensed vehicle dealer, and is fenced according to the provisions of RCW 46.80.130; 3. A junk vehicle does not include a vehicle which is in the process of being repaired, as evidenced by the good faith efforts of the vehicle owner. This exception shall include having up to one "parts" vehicle, from which parts are being salvaged concurrent with the repair process for the vehicle being excepted from compliance in this section. Good faith efforts of repair can include producing Ordinance 12-026 Amending Spokane Valley Municipal Code 7.05 Regarding Nuisances Page 6 Of 9 DRAFT invoices showing work or parts purchased for repair or renovation within 30 days prior to issuance of the notice of violation, or a declaration under penalty of perjury that the vehicle is in the process of being repaired and has been worked on within 30 days prior to issuance of the notice of violation. This exception allows up to 60 days for good faith repair. Upon good cause shown, the director shall have the discretion to grant one additional 60-day exception period to this chapter. Under no circumstance shall any good faith efforts of repair extend for more than 120 days, after which time this exception shall no longer apply. This exception shall apply to one vehicle and one parts vehicle per parcel of land per calendar year; 4. There shall be allowed as exceptions to this chapter up to two junk vehicles in R-1, R-2, R-3 and R-4 zones, so long as they are completely sight-screened by maintained Type I or II landscaping, a maintained landscaped berm, or fencing, as may be required in the currently adopted zoning code. Junk vehicles allowed by this exception are restricted to only the R-1, R-2, R-3 and R-4 zones. Q. Graffiti. All graffiti upon public or private property is deemed a nuisance. Section 4. Amendin� Spokane Valley Municipal Code 7.05.050 Re�ardin� the Initial Investi�ation of a Nuisance. Spokane Valley Municipal Code section 7.05.050 is hereby amended as follows: A.Upon receipt of a complaint, field verification should be made if possible prior to, concurrent with, or shortly after notifying the person responsible for the nuisance violation or alleged nuisance violation. B. Advising interested parties of - � �parent violation: 1. The person responsible for the nuisance violation should be advised of any��parent violation, which mav be by personal contact, phone, posting or� re�ular mail - ��. The letter should state that a violation may have occurred, but has not been verified, and should ask the recipient to contact the person issuing the letter. � � �� C. The director will record all violations in a database system, including a list of all actions taken on the c omplaint. . , , � €D. Staff undertaking field investigations shall comply with the provisions of this chapter regarding right of entry. Section 5. Amendin�S�okane Vallev Munici�al Code 7.05.060 Re a� rdin� the Procedures When Probable Nuisance Violation is Identified. Spokane Valley Municipal Code section 7.05.060 is hereby amended as follows: Ordinance 12-026 Amending Spokane Valley Municipal Code 7.05 Regarding Nuisances Page 7 Of 9 DRAFT A. The director shall determine, based upon information derived from sources such as field observations, the statements of witnesses, relevant documents and data systems for tracking violations and applicable City codes and regulations, whether or not a nuisance violation has occurred. As soon as the director has reasonable cause to determine that a violation has occurred, he or she shall document the violation and promptly notify the person(s)responsible for the nuisance violation. B. Except as provided in subsection D of this section, a warning shall be issued verbally or in writing promptly when a field inspection reveals a violation, or as soon as the director otherwise determines a nuisance violation has occurred. The warning shall inform the person determined to be responsible for a nuisance violation of the violation and allow the person an opportunity to correct it or enter into a voluntary compliance agreement as provided for by this chapter. Verbal warnings shall be logged and � followed up with a written warning within�ve days, and the site shall be reinspected,��*'�� '^ a�� . C. The guidelines set forth for warnings, noti�cations and reinspections are not jurisdictional, and failure to meet them in any particular case shall not affect the City's authority to enforce nuisance provisions with regard to that case. D.No warning need be issued in emergencies, repeat violation cases, cases that are already subject to a voluntary compliance agreement, cases where the violation creates, or has created, a situation or condition that is not likely to be corrected within 72 hours, or when the person responsible for the nuisance violation knows, or reasonably should have known, that the action was a nuisance violation. E.Notice and orders should be issued in all cases where the director determines that the violation is unlikely to be fully corrected within 72 hours. L�F If the violation is not corrected, the director shall utilize the enforcement provisions contained in Chapter 17100 SVMC as adopted or hereafter amended to obtain compliance with the applicable code provisions. � � � ��„ r��.,,.�o.. �� on cvr�r� Section 6. Remainder of SVMC 7.05 Unchan�ed. The remaining provisions of SVMC Chapter 7.05 are unchanged by this amendment. Section 7. 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 Ordinance 12-026 Amending Spokane Valley Municipal Code 7.05 Regarding Nuisances Page 8 Of 9 DRAFT 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 the date of publication of this Ordinance or a summary thereof in the official newspaper of the City. Passed this day of October,2012. Mayor, Thomas E. Towey ATTEST: City Clerk, Christine Bainbridge Approved As To Form: Office of the City Attorney Date of Publication: Effective Date: Ordinance 12-026 Amending Spokane Valley Municipal Code 7.05 Regarding Nuisances Page 9 Of 9 DRAFT CITY OF SPOKANE VALLEY SPOKANE COUNTY,WASHINGTON ORDINANCE NO. 12-026 AN ORDINANCE OF THE CITY OF SPOKANE VALLEY, SPOKANE COUNTY, WASHINGTON,AMENDING SECTIONS 7.05.020, 7.05.030, 7.05.040, 7.05.050,AND 7.05.060 OF THE SPOKANE VALLEY MUNICIPAL CODE RELATING TO NUISANCE CONDITIONS ON PRIVATE PROPERTY; AND OTHER MATTERS RELATING THERETO. WHEREAS, the City of Spokane Valley previously adopted Spokane Valley Municipal Code (SVMC) Chapter 7.05 in order to maintain a safe and healthy environment by regulating nuisance conditions that contribute to injury,illness, and devaluation of property; and WHEREAS, since adoption of these provisions, the City has gained additional insight in how to better identify and regulate such nuisance conditions; and WHEREAS, certain existing provisions within SVMC Chapter 7.05 should be amended to better reflect the City's current practice of identifying and regulating such nuisances and the types of conditions that constitute a nuisance. Such changes directly relate to the life,health and safety of the City's citiaens. NOW, THEREFORE, the City Council of the City of Spokane Valley, Washington ordains as follows: Section 1. Amendin� Spokane Valley Municipal Code 7.05.020 Re�ardin� the Definition of "Person Res�onsible for a Nuisance Violation". Spokane Valley Municipal Code section 7.05.020 is hereby amended as follows: "Abate" means to take whatever steps are deemed necessary by the director to ensure that the property complies with applicable nuisance ordinance requirements. Abatement may include, but is not limited to, rehabilitation, demolition,removal,replacement or repair. "City"means the City of Spokane Valley, Washington. "Code compliance officer" means a regular or specially commissioned officer so designated by the director of community development for the City. "Days"will be counted as business days when five or fewer days are allowed to do an act required by this chapter. "Days" will be considered calendar days when more than �ve days are allowed to do an act required by this chapter. "Determination of compliance" means a written statement from the director that evidence exists to determine that the violation(s) has been sufficiently abated as to the nuisance violation(s) stated in the voluntary compliance agreement or notice and order. "Director"means the community development director for Spokane Valley, or his/her designee. Ordinance 12-026 Amending Spokane Valley Municipal Code 7.05 Regarding Nuisances Page 1 Of 8 DRAFT "Found in violation"means that 1. A notice and order has been issued and not timely appealed; 2. A voluntary compliance agreement has been entered into; or 3. The hearing examiner has determined that the violation has occurred and such determination has not been stayed or reversed on appeal. "Graffiti" means unauthorized markings, inscriptions, words, figures, designs or other inscribed material visible from premises open to the public, that have been placed upon any property through the use of paint,ink, dye, or any other substance capable of marking property. "Hearing examiner" means the City of Spokane Valley hearing examiner, as provided by Chapter 1820 SVMC as adopted or hereafter amended. "Impound,"for the purposes of this chapter,means to take and hold a vehicle in legal custody. "Inoperable" means incapable of being operated legally on a public highway, including, but not limited to,not having a valid, current registration plate or current certificate of registration. "Junk vehicle"means a vehicle substantially meeting at least three of the following criteria: L Is three years old or older; 2. Is extensively damaged, such damage including but not limited to any of the following: a broken window or windshield, or missing wheels,tires,motor, or transmission; 3. Is apparently inoperable; 4. Has an approximate fair market value equal only to the approximate value of the scrap in it. "Mitigate" means to take measures, subject to City approval, to minimize the harmful effects of the nuisance violation where remediation is either impossible or unreasonably burdensome. "Nuisance" means the unreasonable or unlawful use by a person of real or personal property, or the unreasonable, indecent or unlawful personal conduct which materially interferes with or jeopardizes the health, safety, prosperity, quiet enjoyment of property or welfare of others, offends common decency or public morality, or obstructs or interferes with the free use of public ways,places or bodies of water. "Person" means any individual, association,partnership, corporation or legal entity, public or private, and the agents and assigns of such individual, association,partnership, corporation or legal entity. "Person(s)responsible for a junk vehicle nuisance violation"means: 1. The land owner where the junk vehicle is located as shown on the last equalized assessment roll; and 2. The last registered owner of the vehicle, unless the owner in the transfer of ownership of the vehicle has complied with RCW 46.12.101; and Ordinance 12-026 Amending Spokane Valley Municipal Code 7.05 Regarding Nuisances Page 2 Of 8 DRAFT 3. The legal owner of the vehicle. "Person responsible for a nuisance violation" means the person who caused the violation, if that can be determined, and/or the owner, lessor, tenant or other person entitled to control, use and/or occupancy of the property, including any public rights-of-way abutting a person, �rm, or entity's property where the nuisance violation occurs "Remediate" means to restore a site to a condition which does not pose a probable threat to the general public health, safety or welfare. "Vehicle," for the purposes of SVMC 7.05.040(P), includes every device capable of being moved upon a public highway and in, upon, or by which any persons or property is or may be transported or drawn upon a public highway, including bicycles. The term does not include devices other than bicycles moved by human or animal power or used exclusively upon stationary rails or tracks, as set forth in RCW 46.04.670. Section 2. Amendin��okane Vallev Munici�al Code 7.05.030 Re a� rdin� the Com�liance, Authority and Administration of Nuisance Violations. Spokane Valley Municipal Code section 7.05.030 is hereby amended as follows: In order to discourage public nuisances and otherwise promote compliance with this Chapter, the director may, in response to field observations, determine that violations of this Chapter have occurred or are occurring, and may utilize any of the compliance provisions contained in Chapter 17100 SVMC. Section 3. Amendin� Spokane Valley Municipal Code 7.05.040 Re�ardin�the Ty�e of Nuisances to be Re�ulated. Spokane Valley Municipal Code section 7.05.040 is hereby amended as follows: No person, firm, or entity shall erect, contrive, cause, continue, maintain, or permit to exist any public nuisances within the City, including any public rights-of-way abutting a person, firm, or entity's property. Prohibited public nuisances include,but are not limited to: A.Vegetation. 1. Any vegetation, or parts thereof, which hang lower than 8 feet over any public waLkway or sidewalk; or hang lower than 14 feet over any public street or which are growing thereon in such a manner as to obstruct or impair the free and full use of the walkway, sidewalk, or street by the public, or violate clearview triangle policies adopted by the City. The City shall be responsible for maintaining all vegetation placed by the City adjacent to a public sidewalk, walkway, or roadway. 2. Any growth of no�ous weeds or any toxic vegetation shall be subject to Chapter 16-750 WAC as currently adopted and hereafter amended. B. Buildings, Structures,Fences. Ordinance 12-026 Amending Spokane Valley Municipal Code 7.05 Regarding Nuisances Page 3 Of 8 DRAFT 1. Buildings or portions thereof which are deemed dangerous pursuant to the Spokane Valley building code (currently adopted International Property Maintenance Code and the International Existing Building Code); provided, that such conditions or defects e�st to the extent that the life, health,property or safety of the public or the structure's occupants is endangered. 2. Any fence that obstructs or obscures the view of traf�c or traffic control devices, pursuant to clearview triangle policies adopted by the City. C. Sidewalks. 1. Any protrusion, awning, or overhang that inhibits or obstructs use of a public walkway or sidewalk. 2. Any obj ect, construction, or damage that inhibits or obstructs the surface use of a public walkway or sidewalk. 3. Snow or ice not removed from a public sidewalk within a reasonable time. 4. Accumulations of dirt or debris not removed from a public sidewalk. D. Unauthorized Signs. Any sign not in compliance with the City's currently adopted sign code. E. Accumulations of Materials, Garbage, Recyclables,Furniture, Machinery. 1. Building and Construction Materials. Accumulations, stacks, or piles of building or construction materials not associated with a current, in-progress project including metal, wood, wire, electrical or plumbing materials in disarray or exposed to the elements on the property. This provision does not apply to a designated contractor's yard, as defined in the currently adopted Spokane Valley Zoning Code. 2. Garbage, Recyclables, Compost, and Infestations. a. Garbage not kept in a proper receptacle with a tight-�tting lid. b. Accumulations of broken or neglected items, litter, salvage materials, and junk not in an approved enclosed structure. c. Recyclables not properly stored and regularly disposed of. d. Creating or maintaining accumulations of matter, including foodstuffs, that harbor or are an attraction for the infestation of insects or vermin; failing to eliminate such infestations; or failing to eliminate intrusive insects. 3. Furniture and Appliances. a. All broken or discarded household furniture, furnishings or equipment, or any appliances not in an approved enclosed structure. b. All accessible refrigeration appliances not having the doors secured or removed, or any enclosure that can entrap humans or animals. Ordinance 12-026 Amending Spokane Valley Municipal Code 7.05 Regarding Nuisances Page 4 Of 8 DRAFT 4. Machinery and Equipment. Broken, inoperable, accumulations of, or parts of machinery or equipment not in an approved enclosed structure. This subsection does not include junk vehicles that are regulated by subsection P of this section. F.Fire Hazards. Stacks or accumulations of newspapers, dead vegetation (excluding properly maintained compost piles), cardboard, or other paper, cloth, or wood products left in a manner that could pose a substantial risk of combustion or the spread of fire, as determined by the Fire Marshall. G. To�c or Caustic Substances. Improper storing or keeping of any toxic, flammable, or caustic substances or materials. H. Smoke, Soot, or Odors. The escaping or emitting of any unnecessary or harmful smoke, soot, fumes, or gases, or odors offensive or harmful to persons of ordinary sensibilities. L Bodies of Water. 1. Except for City-approved structures related to storm drainage systems, all stagnant,pooled water in which mosquitoes, flies or other insects may multiply. 2. The polluting of any waterway, well, or body of water not subject to the jurisdiction of the Spokane regional health district. J. Holes, Pits, and Excavations. All uncovered holes, pits, or excavations not marked or guarded that are in excess of 10 or more inches in width at the top and four feet or more in depth. K Attractive Nuisances. Any accessible attractive nuisance to children including, but not limited to, unattended machinery or equipment, unsecured abandoned or vacant buildings, open and unattended vehicle trunks, or other unguarded conditions or situations that could injure or trap a child. L.Noise. 1. Any noise or sound that intrudes into the property of another person that exceeds the ma�mum permissible noise levels as established in WAC 173.60.010, as currently adopted and hereafter amended. 2. Sounds created by use of a radio, television set, musical instrument, sound ampli�er or any other device capable of producing or reproducing sounds, which emanate frequently, repetitively or continuously from any building, structure or property located within a residential area, and which annoy or disturb the peace, comfort, or repose of a person of reasonable sensitivity. 3. The creation of frequent, repetitive or continuous sounds in connection with the starting, operation, repair, rebuilding or testing of any motor vehicle, motorcycle, off-highway vehicle or internal combustion engine within a residential zone, so as to unreasonably disturb or interfere with the peace and comfort of owners or possessors of real property. 4. Any other sound occurring frequently, repetitively, or continuously which annoys or disturbs the peace, comfort, or repose of a person of reasonable sensitivity. Ordinance 12-026 Amending Spokane Valley Municipal Code 7.05 Regarding Nuisances Page 5 Of 8 DRAFT M. Dust. Disturbing the topsoil of any land area, or permitting the same, by any person without taking affirmative measures to suppress and minimize the blowing and scattering of dust so as to unreasonably disturb or interfere with the peace and comfort of owners or possessors of real property. This provision does not include permitted agricultural activities as legal nonconforming uses or permitted agricultural activities in general agricultural zones. N.Nuisance Premises. Any premises or structures allowing or maintaining prostitution, lewd behavior, underage consumption of alcohol, the harboring of juvenile runaways or wanted persons, or where there is the use, sale, manufacturing or distributing of any narcotic or controlled substance, or at which there is a pattern of criminal activity, are prohibited nuisances. O. Yard Sales. The holding or permitting of a yard sale on the same real property more than seven consecutive days, or more than two consecutive weekends. P. All junk vehicles, or parts thereof, placed, stored or permitted to be located on private property within the City limits are public nuisances to be abated as provided in this chapter. This chapter does not apply to: 1. A vehicle or part thereof that is completely enclosed within a building in a lawful manner where it is not visible from the street or other public or private property; 2. A vehicle or part thereof that is stored or parked in a lawful manner on private property in connection with the business of a licensed dismantler or licensed vehicle dealer, and is fenced according to the provisions of RCW 46.80130; 3. A junk vehicle does not include a vehicle which is in the process of being repaired, as evidenced by the good faith efforts of the vehicle owner. This exception shall include having up to one "parts" vehicle, from which parts are being salvaged concurrent with the repair process for the vehicle being excepted from compliance in this section. Good faith efforts of repair can include producing invoices showing work or parts purchased for repair or renovation within 30 days prior to issuance of the notice of violation, or a declaration under penalty of perjury that the vehicle is in the process of being repaired and has been worked on within 30 days prior to issuance of the notice of violation. This exception allows up to 60 days for good faith repair. Upon good cause shown, the director shall have the discretion to grant one additional 60-day exception period to this chapter. Under no circumstance shall any good faith efforts of repair extend for more than 120 days, after which time this exception shall no longer apply. This exception shall apply to one vehicle and one parts vehicle per parcel of land per calendar year; 4. There shall be allowed as exceptions to this chapter up to two junk vehicles in R-1, R-2, R-3 and R-4 zones, so long as they are completely sight-screened by maintained Type I or II landscaping, a maintained landscaped berm, or fencing, as may be required in the currently adopted zoning code. Junk vehicles allowed by this exception are restricted to only the R-1, R-2, R-3 and R-4 zones. Q. Graffiti. All graffiti upon public or private property is deemed a nuisance. Ordinance 12-026 Amending Spokane Valley Municipal Code 7.05 Regarding Nuisances Page 6 Of 8 DRAFT Section 4. Amendin� Spokane Valley Municipal Code 7.05.050 Re�ardin� the Initial Investi�ation of a Nuisance. Spokane Valley Municipal Code section 7.05.050 is hereby amended as follows: A. Upon receipt of a complaint, field verification should be made if possible prior to, concurrent with, or shortly after notifying the person responsible for the nuisance violation or alleged nuisance violation. B. Advising interested parties of apparent violation: 1. The person responsible for the nuisance violation should be advised of any apparent violation, which may be by personal contact, phone, posting or regular mail. The letter should state that a violation may have occurred, but has not been verified, and should ask the recipient to contact the person issuing the letter. C. The director will record all violations in a database system, including a list of all actions taken on the complaint. D. Staff undertaking �eld investigations shall comply with the provisions of this chapter regarding right of entry. Section 5. Amendin� Spokane Valley Municipal Code 7.05.060 Re�ardin� the Procedures When Probable Nuisance Violation is Identified. Spokane Valley Municipal Code section 7.05.060 is hereby amended as follows: A. The director shall determine, based upon information derived from sources such as field observations, the statements of witnesses, relevant documents and data systems for tracking violations and applicable City codes and regulations, whether or not a nuisance violation has occurred. As soon as the director has reasonable cause to determine that a violation has occurred, he or she shall document the violation and promptly notify the person(s)responsible for the nuisance violation. B. Except as provided in subsection D of this section, a warning shall be issued verbally or in writing promptly when a field inspection reveals a violation, or as soon as the director otherwise determines a nuisance violation has occurred. The warning shall inform the person determined to be responsible for a nuisance violation of the violation and allow the person an opportunity to correct it or enter into a voluntary compliance agreement as provided for by this chapter. Verbal warnings shall be logged and followed up with a written warning within�ve days, and the site shall be reinspected.. C. The guidelines set forth for warnings, notifications and reinspections are not jurisdictional, and failure to meet them in any particular case shall not affect the City's authority to enforce nuisance provisions with regard to that case. D.No warning need be issued in emergencies, repeat violation cases, cases that are already subject to a voluntary compliance agreement, cases where the violation creates, or has created, a situation or condition Ordinance 12-026 Amending Spokane Valley Municipal Code 7.05 Regarding Nuisances Page 7 Of 8 DRAFT that is not likely to be corrected within 72 hours, or when the person responsible for the nuisance violation knows, or reasonably should have known, that the action was a nuisance violation. E.Notice and orders should be issued in all cases where the director determines that the violation is unlikely to be fully corrected within 72 hours. F. If the violation is not corrected, the director shall utilize the enforcement provisions contained in Chapter 17.100 SVMC as adopted or hereafter amended to obtain compliance with the applicable code provisions. Section 6. Remainder of SVMC 7.05 Unchan�ed. The remaining provisions of SVMC Chapter 7.05 are unchanged by this amendment. Section 7. Severability. If any section, sentence, clause or phrase of this Ordinance should be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of any other section, sentence, clause or phrase of this Ordinance. Section 8. Effective Date. This Ordinance shall be in full force and effect five days after the date of publication of this Ordinance or a summary thereof in the official newspaper of the City. Passed this day of October,2012. Mayor, Thomas E. Towey ATTEST: City Clerk, Christine Bainbridge Approved As To Form: Office of the City Attorney Date of Publication: Effective Date: Ordinance 12-026 Amending Spokane Valley Municipal Code 7.05 Regarding Nuisances Page 8 Of 8 CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: October 23, 2012 City Manager Sign-off: � Item: Check all that apply: ❑ consent ❑ old business � new business ❑ public hearing ❑ information ❑ admin. report ❑ pending legislation AGENDA ITEM TITLE: Second Reading — Ordinance 12-027 amending Spokane Valley Municipal Code 17.100 GOVERNING LEGISLATION: SVMC 17.100; Civil Rule 4; RCW 4.28.100 and RCW 4.28.110 PREVIOUS COUNCIL ACTION TAKEN: Adoption of 17.100 in 2007, amended in 2008 and 2010, administrative report July 10, 2012, and administrative report September 18, 2012; first reading October 9, 2012. BACKGROUND: Staff has drafted proposed amendments to SVMC 17.100 that revise the language to be more accurate, to remove practices that are ineffective or inefficient, or to provide additional means to enforce City Code. OPTIONS: (1) Approve Ordinance 12-027 as drafted; or (2) take other appropriate action. RECOMMENDED ACTION OR MOTION: I move that approve Ordinance 12-027 amending Spokane Valley Municipal Code 17.100, relating to Code enforcement. BUDGET/FINANCIAL IMPACTS: None STAFF CONTACT: Cary Driskell, City Attorney; John Hohman, Community Development Director ATTACHMENTS: Ordinance 12-027 amending SVMC 17.100 DRAFT CITY OF SPOKANE VALLEY SPOKANE COUNTY,WASHINGTON ORDINANCE NO. 12-027 AN ORDINANCE OF THE CITY OF SPOKANE VALLEY, SPOKANE COUNTY, WASHINGTON,AMENDING SECTIONS 17.100.030, 17.100.040, 17.100.050, 17.100.060, 17.100.090, 17.100.120, 17.100.130, 17.100.150, 17.100.250,AND 17.100.300 OF THE SPOKANE VALLEY MUNICIPAL CODE RELATING TO THE CITY'S ABILITY TO SET FORTH ENFORCEMENT PROCEDURES FOR VIOLATIONS OF THE SPOKANE VALLEY MUNICIPAL CODE CHAPTER 7.05,AND TITLES 17 THROUGH 22 AND TITLE 24; AND OTHER MATTERS RELATING THERETO. WHEREAS, the City of Spokane Valley previously adopted Spokane Valley Municipal Code (SVMC) Chapter 17.100 in order to enforce nuisance violations as set forth in SVMC Chapter 7.05 and for violations of any provisions of Titles 17 through 22 and Title 24; and WHEREAS, since adoption of these provisions,the City has gained additional experience in how to better regulate and enforce such nuisance provisions; and WHEREAS, certain existing provisions within SVMC Chapter 17100 should be amended in order to better reflect the City's current practice of regulating and enforcing such nuisances. Such changes directly relate to the life,health, and safety of the City's citizens. NOW, THEREFORE, the City Council of the City of Spokane Valley, Washington ordains as follows: Section 1. Amendin�S�okane Vallev Munici�al Code 17.100.030 Re a� rdin� Enforcement, Authority, and Administration. Spokane Valley Municipal Code section 17.100.030 is hereby amended as follows: A. In order to discourage public nuisances and otherwise promote compliance with applicable code provisions, the City may, in response to field observations, determine that violations of Titles 17 through 22 and Title 24,have occurred or are occurring, and may: 1. Enter into voluntary compliance agreements with persons responsible for code violations; 2. Issue notice and orders, assess civil penalties, and recover costs as authorized by this chapter; 3. Require abatement by means of a judicial abatement order, and if such abatement is not timely completed by the person or persons responsible for a code violation,undertake the abatement and charge the reasonable costs of such work as authorized by this chapter; 4. Allow a person responsible for the code violation to perform community service in lieu of paying civil penalties as authorized by this chapter; 5. Order work stopped at a site by means of a stop work order, and if such order is not complied with, assesses civil penalties as authorized by this chapter; 6. Suspend,revoke, or modify any permit previously issued by the City or deny a permit application as authorized by this chapter when other efforts to achieve compliance have failed; and Ordinance 12-027 SVMC 17100 Page 1 of 9 DRAFT 7. Forward a written statement providing all relevant information relating to the violation to the office of the city attorney with a recommendation to prosecute willful and knowing violations as misdemeanor offenses. B. The procedures set forth in this chapter are not exclusive. These procedures shall not in any manner limit or restrict the City from remedying or abating violations of this title in any other manner authoriaed by law. C. In addition to, or as an alternative to,utilizing the procedures set forth in this chapter, the City may seek legal or equitable relief to abate any conditions or enj oin any acts or practices which constitute a code violation. D. In addition to, or as an alternative to,utilizing the procedures set forth in this chapter, the City may assess or recover civil penalties accruing under this chapter by legal action filed in Spokane County district court or superior court by the office of the city attorney. E. The provisions of this chapter shall in no way adversely affect the rights of the owner, lessee, or occupant of any property to recover all costs and expenses incurred and required by this chapter from any person causing such violation. F. In administering the provisions for code compliance, the City shall have the authority to waive any one or more such provisions so as to avoid substantial injustice. Any determination of substantial injustice shall be made in writing supported by appropriate facts.For purposes of this subsection, substantial injustice cannot be based exclusively on financial hardship. G. The City may,upon presentation of proper credentials,with the consent of the owner or occupier of a building or premises, or pursuant to a lawfully issued court order, enter at reasonable times any building or premises subject to the consent or court order to perform the duties imposed by this code. It is the intent of the city council that any entry made to private property for the purpose of inspection for code violations be accomplished in strict conformity with constitutional and statutory constraints on entry, and the holdings of the relevant court cases regarding entry. The right of entry authorized by this chapter shall not supersede those legal constraints. H. The City may request that the police, appropriate fire district, Spokane Regional Health District, or other appropriate City department or other non-city agency assist in enforcement. Section 2. Re�ealin�S�okane Vallev Munici�al Code 17.100.040 Re�ardin� the Guidelines for De�artmental Res�onses to Com�laints. Spokane Valley Municipal Code section 17.100.040 is hereby repealed in its entirety. Section 3. Amendin�S�okane Vallev Munici�al Code 17100.050 Re�ardin� the Procedures When a Probable Violation is Identified. Spokane Valley Municipal Code section 17100.050 is hereby amended as follows: Ordinance 12-027 SVMC 17100 Page 2 of 9 DRAFT A. The City shall determine,based upon information derived from sources such as field observations, the statements of witnesses,relevant documents, and data systems for tracking violations and applicable City codes and regulations,whether or not a violation has occurred. As soon as the City has reasonable cause to determine that a violation has occurred, the violation shall be documented and the person responsible for the code violations promptly notified. B. Except as provided in subsection C of this section, a warning shall be issued verbally or in writing promptly when a field inspection reveals a violation, or as soon as the City otherwise determines a violation has occurred. The warning shall inform the person determined to be responsible for a code violation of the violation and allow the person an opportunity to correct it or enter into a voluntary compliance agreement as provided for by this chapter.Verbal warnings shall be logged and followed up with a written warning within five days, and the site shall be reinspected within 14 days. C.No warning need be issued in emergencies,repeat violation cases, cases that are already subject to a voluntary compliance agreement, cases where the violation creates or has created a situation or condition that is not likely to be corrected within 72 hours, cases where a stop work order is necessary, or when the person responsible for the code violation knows, or reasonably should have known, that the action was a code violation. D.Notice and orders should be issued in all cases in which a voluntary compliance agreement has not been entered. E. The City shall use all reasonable means to determine and proceed against the person(s) actually responsible for the code violation occurring when the property owner has not directly or indirectly caused the violation. F. If the violation is not corrected, or a voluntary compliance agreement is not entered into within 30 days of notification by the City, a notice and order or stop work order should be issued. Stop work orders should be issued promptly upon discovery of a violation in progress. Section 4. Amendin�S�okane Valley Munici�al Code 17100.060 Re�ardin� the Service of a Notice and Order and a Stop Work Order. Spokane Valley Municipal Code section 17.100.060 is hereby amended as follows: A. Service of a notice and order shall be made on a person responsible for code violation by one or more of the following methods: 1. Personal service of a notice and order may be made on the person identi�ed by the City as being responsible for the code violation, or by leaving a copy of the notice and order at the person's house of usual abode with a person of suitable age and discretion who resides there; Ordinance 12-027 SVMC 17100 Page 3 of 9 DRAFT 2. Service directed to the landowner and/or occupant of the property may be made by posting the notice and order in a conspicuous place on the property where the violation occurred and concurrently mailing notice as provided for below,if a mailing address is available; or 3. Service by mail may be made for a notice and order by mailing one copy,postage prepaid,by ordinary first class mail to the person responsible for the code violation at his or her last known address, at the address of the violation, or at the address of the place of business of the person responsible for the code violation. The taxpayer's address as shown on the tax records of Spokane County shall be deemed to be the proper address for the purpose of mailing such notice to the landowner of the property where the violation occurred. Service by mail shall be presumed effective upon the third business day following the day upon which the notice and order was placed in the mail. B.For notice and orders only, when the address of the person responsible for the code violation cannot be reasonably determined, service may be made by publication once a week for two consecutive weeks in an appropriate regional or neighborhood newspaper or trade journal. Service by publication shall be deemed complete at the expiration of the time prescribed for publication. A notice and order served by publication shall be signed by a code compliance officer, shall include the dates of the publication, and shall contain a brief statement of the nature of the action and how it can be remedied. C. Service of a stop work order on a person responsible for a code violation may be made by posting the stop work order in a conspicuous place on the property where the violation occurred or by serving the stop work order in any other manner permitted by this chapter. D. The failure of the City to make or attempt service on any person named in the notice of violation, notice and order, or stop work order shall not invalidate any proceedings as to any other person duly served. Section 5. Amendin��okane Vallev Munici�al Code 17100.090 Re�ardin� the Determination of Com�liance. Spokane Valley Municipal Code section 17100.090 is hereby amended as follows: After issuance of a warning, voluntary compliance agreement, notice and order, or stop work order, and after the person(s) responsible for a violation has come into compliance, the City shall issue a written determination of compliance. The City shall mail copies of the determination of compliance to each person originally named in the warning, voluntary compliance agreement, notice and order, or stop work order. Section 6. Amendin�S�okane Valley Munici�al Code 17100120 Re a� rdin�Failure to Meet Terms of Voluntarv Com�liance A�reement. Spokane Valley Municipal Code section 17100.120 is hereby amended as follows: Ordinance 12-027 SVMC 17100 Page 4 of 9 DRAFT A. If the terms of the voluntary compliance agreement are not completely met, and an extension of time has not been granted, the person responsible for the violation may, without being issued a notice and order or stop work order, be assessed a civil penalty as set forth by this chapter, plus all costs incurred by the City to pursue code compliance and to abate the violation, and may be subj ect to other remedies authorized by this chapter. Penalties imposed when a voluntary compliance agreement is not met accrue from the date that an appeal of any preceding notice and order or stop work order was to have been filed or from the date the voluntary compliance agreement was entered into if there was not a preceding notice and order or stop work order. B. The City may issue a notice and order or stop work order for failure to meet the terms of a voluntary compliance agreement. Section 7. Amending Spokane Valley Municipal Code 17.100.130 Re�ardin� the Authority of a Notice and Order. Spokane Valley Municipal Code section 17100130 is hereby amended as follows: When the City has reason to believe,based on investigation of documents and/or physical evidence, that a code violation exists or has occurred, or that the terms of a voluntary compliance agreement have not been met, the City is authorized to issue a notice and order to any person responsible for a code violation. The City shall make a determination whether or not to issue a notice and order within 30 days of determining that a violation exists, or within 10 days of the end of a voluntary compliance agreement time period which has not been met. Section 8. Amendin� Spokane Valley Municipal Code 17100150 Re�ardin� the Contents of a Notice and Order. Spokane Valley Municipal Code section 17.100.150 is hereby amended as follows: The notice and order shall contain the following information: A. The address,when available, or location of the violation; B. A legal description of the real property or the Spokane County tax parcel number where the violation occurred or is located, or a description identifying the property by commonly used locators; C. A statement that the City has found the named person(s)responsible for a violation and a brief description of the violation(s) found; D. A statement of the specific provisions of the ordinance,resolution,regulation,public rule,permit condition,notice and order provision, or stop work order that was or is being violated; E. A statement that a civil penalty is being assessed,including the dollar amount of the civil penalties, and that any assessed penalties must be paid within 20 days of service of the notice and order; F. A statement advising that any costs of enforcement incurred by the City shall also be assessed against the person to whom the notice and order is directed; Ordinance 12-027 SVMC 17100 Page 5 of 9 DRAFT G. A statement that payment of the civil penalties assessed under this chapter does not relieve a person found to be responsible for a code violation of his or her duty to correct the violation and/or to pay any and all civil penalties or other cost assessments issued pursuant to this chapter; H. A statement of the corrective or abatement action required to be taken and that all required permits to perform the corrective action must be obtained from the proper issuing agency; L A statement advising that, if any required work is not commenced or completed within the time specified by the notice and order, the City may proceed to seek a judicial abatement order from Spokane County superior court to abate the violation; J. A statement advising that,if any assessed penalty, fee or cost is not paid on or before the due date, the City may charge the unpaid amount as a lien against the property where the code violation occurred if owned by a person responsible for a violation, and as a joint and several personal obligation of all persons responsible for a code violation; K A statement advising that any person named in the notice and order, or having any record or equitable title in the property against which the notice and order is recorded, may appeal from the notice and order to the hearing examiner within 14 days of the date of service of the notice and order; L. A statement advising that a failure to correct the violations cited in the notice and order could lead to the denial of subsequent Spokane Valley permit applications on the subjectproperty; M. A statement advising that a failure to appeal the notice and order within the applicable time limits renders the notice and order a final determination that the conditions described in the notice and order existed and constituted a violation, and that the named party is liable as a person responsible for a violation; N. A statement advising the person responsible for a code violation of his/her duty to notify the City of any actions taken to achieve compliance with the notice and order; and O. A statement advising that failure to comply with the notice and order may be referred to the office of the city attorney for appropriate legal action. Section 9. Amendin� Spokane Vallev Municipal Code 17100250 Re�ardin� the Assessment Schedule for Civil Penalties. Spokane Valley Municipal Code section 17100250 is hereby amended as follows: A. Civil penalties for code violations shall be imposed for remedial purposes for violations identi�ed in a notice and order or stop work order,pursuant to the following schedule: Notice and orders and stop work orders—basic initial penalty: $500.00. Ordinance 12-027 SVMC 17100 Page 6 of 9 DRAFT B. Additional penalties shall be added where there is: 1. Second violation: $500. 2. Each subsequent Violation(three or more): $1,000. 3. Economic benefit to person responsible for violation: $5,000. C. Civil penalties shall be paid within 20 days of service of the notice and order or stop work order if not appealed.Payment of the civil penalties assessed under this chapter does not relieve a person found to be responsible for a code violation of his or her duty to correct the violation and/or to pay any and all civil penalties or other cost assessments issued pursuant to this chapter. D. The City may suspend civil penalties if the person responsible for a code violation has entered into and ful�lled all requirements of a voluntary compliance agreement. E. Civil penalties assessed create a joint and several personal obligation in all persons responsible for a code violation. F. In addition to, or in lieu of, any other state or local provision for the recovery of civil penalties,the City may file for record with the Spokane County auditor to claim a lien against the real property for the civil penalties assessed under this chapter if the violation was reasonably related to the real property. Any such lien can be filed under this chapter if, after the expiration of 30 days from when a person responsible for a code violation receives the notice and order or stop work order(excluding any appeal), any civil penalties remain unpaid in whole or in part. Section 10. Amendin�S�okane Vallev Munici�al Code 17100300 Re�ardin� Cost RecoverX. Spokane Valley Municipal Code section 17.100300 is hereby amended as follows: A. In addition to the other remedies available under this chapter, upon issuance of a notice and order or stop work order the City shall charge the costs of pursuing code compliance and abatement incurred to correct a code violation to the person responsible for a code violation. These charges include: 1. Reasonable Legal Fees and Costs. For purposes of this section, "reasonable legal fees and costs" shall include,but are not limited to,legal personnel costs,both direct and related,incurred to enforce the provisions of this chapter as may be allowed by law; 2. Administrative Personnel Costs. For purposes of this section, "administrative personnel costs" shall include,but are not limited to, administrative employee costs,both direct and related,incurred to enforce the provisions of this chapter; 3. Abatement Costs. The City shall keep an itemized account of costs incurred by the City in the abatement of a violation under this chapter; and Ordinance 12-027 SVMC 17100 Page 7 of 9 DRAFT 4. Actual expenses and costs of the City in preparing notices, specifications and contracts;in accomplishing or contracting and inspecting the work; and the costs of any required printing, mailing, or court filing fees. B. Such costs are due and payable 30 days from mailing of the invoice. C. All costs assessed by the City in pursuing code compliance and/or abatement create joint and several personal obligations in all persons responsible for a violation. The office of the city attorney, on behalf of the City, may collect the costs of code compliance efforts by any appropriate legal means. D. In addition to, or in lieu of, any other state or local provision for the recovery of costs, the City may, after abating a violation pursuant to this chapter, �le for record with the Spokane County auditor to claim a lien against the real property for the assessed costs identified in this chapter if the violation was reasonably related to the real property,in accordance with any lien provisions authorized by state law. E. Any lien filed shall be subordinate to all previously existing special assessment liens imposed on the same property and shall be superior to all other liens, except for state and county taxes,with which it shall share priority. The City may cause a claim of lien to be filed for record within 90 days from the later of the date that the monetary penalty is due or the date the work is completed or the nuisance abated. The claim of lien shall contain sufficient information regarding the notice and order, a description of the property to be charged with the lien, the owner of record, and the total of the lien.Any such claim of lien may be amended from time to time to reflect changed conditions. Any such lien shall bind the affected property for the period as provided for by state law. Section 11. Remainder of SVMC 17100 Unchan�. The remaining provisions of SVMC Chapter 17100 are unchanged by this amendment. Section 12. Severability. If any section, sentence, clause or phrase of this Ordinance should be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of any other section, sentence, clause or phrase of this Ordinance. Section 13. Effective Date. This Ordinance shall be in full force and effect five days after the date of publication of this Ordinance or a summary thereof in the official newspaper of the City. Passed this day of October,2012. Mayor, Thomas E. Towey ATTEST: Ordinance 12-027 SVMC 17100 Page 8 of 9 DRAFT City Clerk, Christine Bainbridge Approved As To Form: Of�ce of the City Attorney Date of Publication: Effective Date: Ordinance 12-027 SVMC 17100 Page 9 of 9 DRAFT CITY OF SPOKANE VALLEY SPOKANE COUNTY,WASHINGTON ORDINANCE NO. 12-027 AN ORDINANCE OF THE CITY OF SPOKANE VALLEY, SPOKANE COUNTY, WASHINGTON,AMENDING SECTIONS 17.100.030, 17.100.040, 17.100.050, 17.100.060, 17.100.090, 17.100.120, 17.100.130, 17.100.150, 17.100.250,AND 17.100.300 OF THE SPOKANE VALLEY MUNICIPAL CODE RELATING TO THE CITY'S ABILITY TO SET FORTH ENFORCEMENT PROCEDURES FOR VIOLATIONS OF THE SPOKANE VALLEY MUNICIPAL CODE CHAPTER 7.05,AND TITLES 17 THROUGH 22 AND TITLE 24; AND OTHER MATTERS RELATING THERETO. WHEREAS, the City of Spokane Valley previously adopted Spokane Valley Municipal Code (SVMC) Chapter 17.100 in order to enforce nuisance violations as set forth in SVMC Chapter 7.05 and for violations of any provisions of Titles 17 through 22 and Title 24; and WHEREAS, since adoption of these provisions,the City has gained additional experience in how to better regulate and enforce such nuisance provisions; and WHEREAS, certain existing provisions within SVMC Chapter 17100 should be amended in order to better reflect the City's current practice of regulating and enforcing such nuisances. Such changes directly relate to the life,health, and safety of the City's citizens. NOW, THEREFORE, the City Council of the City of Spokane Valley, Washington ordains as follows: Section 1. Amendin�S�okane Vallev Munici�al Code 17.100.030 Re a� rdin� Enforcement, Authority, and Administration. Spokane Valley Municipal Code section 17.100.030 is hereby amended as follows: A. In order to discourage public nuisances and otherwise promote compliance with applicable code provisions, the City may, in response to field observations��e�i'�'��eem��, determine that violations of�Titles 17 throu�h 22 and Title 24,have occurred or are occurring, and may: 1. Enter into voluntary compliance agreements with persons responsible for code violations; 2. Issue notice and orders, assess civil penalties, and recover costs as authorized by this chapter; 3. Require abatement by means of a judicial abatement order, and if such abatement is not timely completed by the person or persons responsible for a code violation,undertake the abatement and charge the reasonable costs of such work as authorized by this chapter; 4. Allow a person responsible for the code violation to perform community service in lieu of paying civil penalties as authorized by this chapter; 5. Order work stopped at a site by means of a stop work order, and if such order is not complied with, assesses civil penalties as authorized by this chapter; 6. Suspend,revoke, or modify any permit previously issued by the City or deny a permit application as authorized by this chapter when other efforts to achieve compliance have failed; and Ordinance 12-027 SVMC 17100 Page 1 of 9 DRAFT 7. Forward a written statement providing all relevant information relating to the violation to the office of the city attorney with a recommendation to prosecute willful and knowing violations as misdemeanor offenses. B. The procedures set forth in this chapter are not exclusive. These procedures shall not in any manner limit or restrict the City from remedying or abating violations of this title in any other manner authoriaed by law. C. In addition to, or as an alternative to,utilizing the procedures set forth in this chapter, the City may seek legal or equitable relief to abate any conditions or enjoin any acts or practices which constitute a code violation. D. In addition to, or as an alternative to,utilizing the procedures set forth in this chapter, the City may assess or recover civil penalties accruing under this chapter by legal action�led in Spokane County district court or superior court by the office of the city attorney. E. The provisions of this chapter shall in no way adversely affect the rights of the owner, lessee, or occupant of any property to recover all costs and expenses incurred and required by this chapter from any person causing such violation. F. In administering the provisions for code compliance, the City shall have the authority to waive any one or more such provisions so as to avoid substantial injustice. Any determination of substantial injustice shall be made in writing supported by appropriate facts.For purposes of this subsection, substantial injustice cannot be based exclusively on financial hardship. G. The City may,upon presentation of proper credentials,with the consent of the owner or occupier of a building or premises, or pursuant to a lawfully issued court order, enter at reasonable times any building or premises subject to the consent or court order to perform the duties imposed by this code. It is the intent of the city council that any entry made to private property for the purpose of inspection for code violations be accomplished in strict conformity with constitutional and statutory constraints on entry, and the holdings of the relevant court cases regarding entry. The right of entry authorized by this chapter shall not supersede those legal constraints. H. The City may request that the police, appropriate fire district, Spokane Regional Health District, or other appropriate City department or other non-city agency assist in enforcement. Section 2. Re�ealin�S�okane Vallev Munici�al Code 17.100.040 Re�ardin� the Guidelines for De�artmental Res�onses to Com�laints. Spokane Valley Municipal Code section 17.100.040 is hereby repealed in its entirety. , � , , � , � Ordinance 12-027 SVMC 17100 Page 2 of 9 DRAFT Section 3. Amendin� Spokane Valley Municipal Code 17100.050 Re�ardin� the Procedures When a Probable Violation is Identified. Spokane Valley Municipal Code section 17100.050 is hereby amended as follows: A. The City shall determine,based upon information derived from sources such as field observations, the statements of witnesses,relevant documents, and data systems for tracking violations and applicable City codes and regulations,whether or not a violation has occurred. As soon as the City has reasonable cause to determine that a violation has occurred, the violation shall be documented and the person responsible for the code violations promptly notified. B. Except as provided in subsection C of this section, a warning shall be issued verbally or in writing promptly when a field inspection reveals a violation, or as soon as the City otherwise determines a violation has occurred. The warning shall inform the person determined to be responsible for a code violation of the violation and allow the person an opportunity to correct it or enter into a voluntary compliance agreement as provided for by this chapter.Verbal warnings shall be logged and followed up with a written warning within five days, and the site shall be reinspected within 14 days. C.No warning need be issued in emergencies,repeat violation cases, cases that are already subject to a voluntary compliance agreement, cases where the violation creates or has created a situation or condition that is not likely to be corrected within 72 hours, cases where a stop work order is necessary, or when the person responsible for the code violation knows, or reasonably should have known, that the action was a code violation. D.Notice and orders should be issued in all cases in which a voluntary compliance agreement has not been entered. E. The City shall use all reasonable means to determine and proceed against the person(s) actually responsible for the code violation occurring when the property owner has not directly or indirectly caused the violation. � F. If the violation is not corrected, or a voluntary compliance agreement is not entered into within 30 �5 days of notification by the City, a notice and order or stop work order should be issued. Stop work orders should be issued promptly upon discovery of a violation in progress. Section 4. Amendin�S�okane Vallev Munici�al Code 17100.060 Re�ardin� the Service of a Notice and Order and a Sto� Work Order. Spokane Valley Municipal Code section 17.100.060 is hereby amended as follows: A. Service of a notice and order shall be made on a person responsible for code violation by one or more of the following methods: 1. Personal service of a notice and order may be made on the person identified by the City as being responsible for the code violation, or by leaving a copy of the notice and order at the person's house of usual abode with a person of suitable age and discretion who resides there; Ordinance 12-027 SVMC 17100 Page 3 of 9 DRAFT 2. Service directed to the landowner and/or occupant of the property may be made by posting the notice and order in a conspicuous place on the property where the violation occurred and concurrently mailing notice as provided for below,if a mailing address is available; or 3. Service by mail may be made for a notice and order by mailing one copv,�e-ee�postage prepaid,�by ordinary first class mail_��a *'�° �*'�°��'�� °�-*��°� m��',to the person responsible for the code violation at his or her last known address, at the address of the violation, or at the address of the place of business of the person responsible for the code violation. The t�payer's address as shown on the tax records of Spokane County shall be deemed to be the proper address for the purpose of mailing such notice to the landowner of the property where the violation occurred. Service by mail shall be presumed effective upon the third business day following the day upon which the notice and order was placed in the mail. B. For notice and orders only, when the address of the person responsible for the code violation cannot be reasonably determined, service may be made by publication once a week for two consecutive weeks in an appropriate regional or neighborhood newspaper or trade journal. Service by publication shall �� . be deemed com�lete at the ex�iration of the time �rescribed for�ublication. A notice and order served b�publication shall be si n� ed by a code com�liance officer, shall include the dates of the �ublication, and shall contain a brief statement of the nature of the action and how it can be remedied. C. Service of a stop work order on a person responsible for a code violation may be made by posting the stop work order in a conspicuous place on the property where the violation occurred or by serving the stop work order in any other manner permitted by this chapter. D. The failure of the City to make or attempt service on any person named in the notice of violation, notice and order, or stop work order shall not invalidate any proceedings as to any other person duly served. Section 5. Amendin��okane Vallev Munici�al Code 17100.090 Re�ardin� the Determination of Com�liance. Spokane Valley Municipal Code section 17100.090 is hereby amended as follows: After issuance of a warning, voluntary compliance agreement, notice and order, or stop work order, and after the person(s) responsible for a violation has come into compliance, the City shall issue a written determination of compliance. The City shall mail copies of the determination of compliance to each person originally named in the warning, voluntary compliance agreement, notice and order, or stop work order, , , - Ordinance 12-027 SVMC 17100 Page 4 of 9 DRAFT Section 6. Amending Spokane Vallev Municipal Code 17100120 Re a� rdin�Failure to Meet Terms of Voluntarv Com�liance A�reement. Spokane Valley Municipal Code section 17100120 is hereby amended as follows: A. If the terms of the voluntary compliance agreement are not completely met, and an extension of time has not been granted, �Rt�e� �T��Qe-��e-�e-��Re-��the person responsible for the violation may, without being issued a notice and order or stop work order, be assessed a civil penalty as set forth by this chapter, plus all costs incurred by the City to pursue code compliance and to abate the violation, and may be subject to other remedies authorized by this chapter. Penalties imposed when a voluntary compliance agreement is not met accrue from the date that an appeal of any preceding notice and order or stop work order was to have been filed or from the date the voluntary compliance agreement was entered into if there was not a preceding notice and order or stop work order. B. The City may issue a notice and order or stop work order for failure to meet the terms of a voluntary compliance agreement. Section 7. Amendin�S�okane Vallev Munici�al Code 17.100.130 Re�ardin� the Authority of a Notice and Order. Spokane Valley Municipal Code section 17.100.130 is hereby amended as follows: When the City has reason to believe,based on investigation of documents and/or physical evidence, that a code violation exists or has occurred, or that the terms of a voluntary compliance agreement have not been met, the City is authorized to issue a notice and order to any person responsible for a code violation. The City shall make a determination whether or not to issue a notice and order within 30 days of determinin�- � that a violation � �exist�, or within 10 days of the end of a voluntary compliance agreement time period which has not been met. �r Section 8. Amendin��okane Vallev Munici�al Code 17100150 Re�ardin� the Contents of a Notice and Order. Spokane Valley Municipal Code section 17.100.150 is hereby amended as follows: The notice and order shall contain the following information: A. The address,when available, or location of the violation; B. A legal description of the real property or the Spokane County tax parcel number where the violation occurred or is located, or a description identifying the property by commonly used locators; C. A statement that the City has found the named person(s)responsible for a violation and a brief description of the violation(s) found; D. A statement of the speci�c provisions of the ordinance,resolution,regulation,public rule,permit condition, notice and order provision, or stop work order that was or is being violated; Ordinance 12-027 SVMC 17100 Page 5 of 9 DRAFT E. A statement that a civil penalty is being assessed, including the dollar amount of the civil penalties�er ��*° � ��'�*��, and that any assessed penalties must be paid within 20 days of service of the notice and order; F. A statement advising that any costs of enforcement incurred by the City shall also be assessed against the person to whom the notice and order is directed; G. A statement that payment of the civil penalties assessed under this chapter does not relieve a person found to be responsible for a code violation of his or her duty to correct the violation and/or to pay any and all civil penalties or other cost assessments issued pursuant to this chapter; H. A statement of the corrective or abatement action required to be taken and that all required permits to perform the corrective action must be obtained from the proper issuing agency; L A statement advising that,if any required work is not commenced or completed within the time specified by the notice and order, the City may proceed to seek a judicial abatement order from Spokane County superior court to abate the violation; J. A statement advising that,if any assessed penalty, fee or cost is not paid on or before the due date, the City may charge the unpaid amount as a lien against the property where the code violation occurred if owned by a person responsible for a violation, and as a joint and several personal obligation of all persons responsible for a code violation; K A statement advising that any person named in the notice and order, or having any record or equitable title in the property against which the notice and order is recorded, may appeal from the notice and order � to the hearing examiner within�&14 days of the date of service of the notice and order; L. A statement advising that a failure to correct the violations cited in the notice and order could lead to the denial of subsequent Spokane Valley permit applications on the subject property; M. A statement advising that a failure to appeal the notice and order within the applicable time limits renders the notice and order a final determination that the conditions described in the notice and order e�sted and constituted a violation, and that the named party is liable as a person responsible for a violation; N. A statement advising the person responsible for a code violation of his/her duty to notify the City of any actions taken to achieve compliance with the notice and order; and O. A statement advising that ' failure to com�lv with the notice and order may be referred to the office of the city attorney for��pro�riate le�al action. Ordinance 12-027 SVMC 17100 Page 6 of 9 DRAFT Section 9. Amendin� Spokane Valley Municipal Code 17100250 Re�ardin� the Assessment Schedule for Civil Penalties. Spokane Valley Municipal Code section 17100250 is hereby amended as follows: A. Civil penalties for code violations shall be imposed for remedial purposes �~a �'��" '�� a �� e-ae�for violations identified in a notice and order or stop work order,pursuant to the following schedule: � Notice and orders and stop work orders—basic initial penalty�: $500.00. B. Additional�penalties shall�be added where there is: . , . �. ��ne��ge�ett�t�e��--��e�=e�i�$9 �,�-9� . , . 14. Second violation ' : $�989500.�99,-9� 2. Each subsequent Violation(three or more): $�5891,000. . , . �3b. Economic benefit to person responsible for violation: $5,000. C. Civil penalties shall be paid within 20 days of service of the notice and order or stop work order if not appealed. Payment of the civil penalties assessed under this chapter does not relieve a person found to be responsible for a code violation of his or her duty to correct the violation and/or to pay any and all civil penalties or other cost assessments issued pursuant to this chapter. D. The City may suspend civil penalties if the person responsible for a code violation has entered into and fulfilled all requirements of a voluntary compliance agreement. E. Civil penalties assessed create a joint and several personal obligation in all persons responsible for a code violation. F. In addition to, or in lieu of, any other state or local provision for the recovery of civil penalties,the City may file for record with the Spokane County auditor to claim a lien against the real property for the civil penalties assessed under this chapter if the violation was reasonably related to the real property. Any such lien can be filed under this chapter if, after the expiration of 30 days from when a person responsible for a code violation receives the notice and order or stop work order(excluding any appeal), any civil penalties remain unpaid in whole or in part. Section 10. Amendin�S�okane Vallev Munici�al Code 17.100300 Re�ardin� Cost RecoverX. Spokane Valley Municipal Code section 17100.300 is hereby amended as follows: A. In addition to the other remedies available under this chapter, upon issuance of a notice and order or stop work order the City shall charge the costs of pursuing code compliance and abatement incurred to correct a code violation to the person responsible for a code violation. These charges include: Ordinance 12-027 SVMC 17100 Page 7 of 9 DRAFT 1. Reasonable Legal Fees and Costs. For purposes of this section, "reasonable legal fees and costs" shall include,but are not limited to, legal personnel costs,both direct and related,incurred to enforce the provisions of this chapter as may be allowed by law; 2. Administrative Personnel Costs.For purposes of this section, "administrative personnel costs" shall include,but are not limited to, administrative employee costs,both direct and related,incurred to enforce the provisions of this chapter; 3. Abatement Costs. The City shall keep an itemized account of costs incurred by the City in the abatement of a violation under this chapter. r�� ,�'°*:�� '��*°m°�*. �,.'� *'�° '�;'� �'��" > , , , ; and 4. Actual expenses and costs of the City in preparing notices, specifications and contracts; in accomplishing or contracting and inspecting the work; and the costs of any required printing, mailing, or court filing fees. B. Such costs are due and payable 30 days from mailing of the invoice. C. All costs assessed by the City in pursuing code compliance and/or abatement create joint and several personal obligations in all persons responsible for a violation. The office of the city attorney, on behalf of the City, may collect the costs of code compliance efforts by any appropriate legal means. D. In addition to, or in lieu of, any other state or local provision for the recovery of costs, the City may, after abating a violation pursuant to this chapter,�le for record with the Spokane County auditor to claim a lien against the real property for the assessed costs identified in this chapter if the violation was reasonably related to the real property,in accordance with any lien provisions authorized by state law. E. Any lien filed shall be subordinate to all previously e�sting special assessment liens imposed on the same property and shall be superior to all other liens, except for state and county taxes,with which it shall share priority. The City may cause a claim of lien to be �led for record within 90 days from the later of the date that the monetary penalty is due or the date the work is completed or the nuisance abated. The claim of lien shall contain sufficient information regarding the notice and order, a description of the property to be charged with the lien, the owner of record, and the total of the lien.Any such claim of lien may be amended from time to time to reflect changed conditions. Any such lien shall bind the affected property for the period as provided for by state law. Section 11. Remainder of SVMC 17100 Unchan�. The remaining provisions of SVMC Chapter 17100 are unchanged by this amendment. Section 12. 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 Ordinance 12-027 SVMC 17100 Page 8 of 9 DRAFT unconstitutionality shall not affect the validity or constitutionality of any other section, sentence, clause or phrase of this Ordinance. Section 13. Effective Date. This Ordinance shall be in full force and effect five days after the date of publication of this Ordinance or a summary thereof in the official newspaper of the City. Passed this day of October,2012. Mayor, Thomas E. Towey ATTEST: City Clerk, Christine Bainbridge Approved As To Form: Of�ce of the City Attorney Date of Publication: Effective Date: Ordinance 12-027 SVMC 17100 Page 9 of 9 CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: October 23, 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: Pines ITS Project (#0061) Bid Award GOVERNING LEGISLATION: SVMC 3.35.10 —Contract Authority PREVIOUS COUNCIL ACTION TAKEN: (1) Approval of application for federal grant funding for the Pines Road ITS Improvement Project on September 12, 2006; (2) Approval of 2011-2016 Six-Year Transportation Improvement Program (TIP) on June 29, 2010 and the 2012-2017 TIP on June 28, 2011, both of which include the Pines ITS project; 3) Consultant Design Services Info Memo on December 13, 2011; 4) Admin Report on Consultant Design Services on December 27, 2011; 5) Approval to award Consultant Design Services Contract on January 10, 2012; 6) Informational RCA on October 9, 2012. BACKGROUND: The City of Spokane Valley received a federal Congestion Mitigation / Air Quality (CMAQ) Grant covering 86.5% of the cost for design and construction of Intelligent Transportation Systems (ITS) improvements on Pines Road between Sprague Avenue and Trent Avenue, up to $1,801,900 in federal funding. The project will install fiber optic cable, three traffic cameras and connect traffic signals to the Spokane Regional Transportation Management Center. The Transpo Group was chosen as the most qualified firm through an RFQ selection process, and a contract for design services was executed on February 6, 2012. The project was advertised for bids on September 21, and bids were opened October 16. Three firms submitted bids. The Bid Tabulation showing the results of the three bids is attached. OPTIONS: 1) Award the Pines Rd ITS Project to the lowest responsible bidder, or 2) Take other action deemed appropriate. RECOMMENDED ACTION OR MOTION: Move to award the Pines Rd ITS Project to the lowest responsible bidder, Aztech Electric, Inc. in the amount of $949,160.78 and authorize the City Manager to execute the construction contract. BUDGET/FINANCIAL IMPACTS: The project is funded with $1,801,900 in Federal grants; the City match is $281,221 (13.5% of the project total) from the Street Capital Projects Fund 303. Project Revenues: Estimated Project Expenditures: CMAQ Grant (86.5%) $ 1,801,900 PE $ 239,900 City Match (13.5%) $ 281,221 RW $ — Other Fundinq $ — CN (Incl. Inspection/Material Testina) $1,�2�,�� Total Funds Available $ 2,083,121 Total Est. Expenditures $1,259,900 STAFF CONTACT: Steve M. Worley, P.E., Senior Capital Projects Engineer Eric Guth, P.E., Public Works Director ATTACHMENTS: Bid tabulations u �o _ v U � � �j . �, '1 8 0 C � 3° �7 ~ - J - : - 1111111111 � Pn � N M Hi m �Yi V y � j m m Q 7 � - O� O� o O m o� c�:V(O mQOJ". �V�� N -V(O :V V � io "o � �7 7 U y 5 E C7 m '�' `m' C p � @ F- � � O V �11111111 � �n U y � � � � o`.v m;v �;a `Q m v�: - - ci�v ' N v� v c�'cr v� V " �a° � U `g $`?6 �j m � � f � � � N �� '� �s »llllllll W �T N K {y y��. �m C1y9 '`Y�w Q u N ,��,� �a2' w y _ a p _ _ _ � � m rn - � U W � w a�i _ � a - W � E- � � �E � ta-i v�'��n v �vn d m�_�"=U�& �� . 3 N9�`��0 d - � : , ; � as �mw-oaa°o = ��hy�n ;¢a¢aa¢aa¢awLL LL �QQwQQ:QN�':�� n�na:¢¢¢a¢,a°LL . `, a z�o=° W � �w ug:wwwwwww ww ug�ug;ww. ww;w a�:¢a iwwwww��w�.�� f, o �a�9 ' °v £ U€U U Q �p �mm m �k � } O _ _- C.!V� O � � \� r N p ?�K p a � W U i O K: o '� m N a � � `J �° � ¢a a� � iZ�'m U;o; g K'm ¢ C� SJ N �� z U �° `.� X I-Z O'� O Z O r?1= U a� X w F w¢ �F � r{�O�� <I U{ ¢ �.��. 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O i�a � •-.o w UUUUU. v� u�oU � V;Umm �'o�z� ¢ owU'UZwww�.y?aV �- m-Q ry-Ufmw-- ;� :z oz w .o- r-. � - -z- .-` �� 4� O Q a� F c� ¢��F-f-F�w F.>j�-w i- w z.z z z¢¢_� �� F-.F H.- �} ti, f' 'O-O'p o¢¢F'Uwaaaa. w��wi-a:�xFF�.�XZ�¢;¢ 2.'-a ¢t-a.a�»>,w;�a - � Q mC7° .-�wwm:m0000�zooz¢o.�r¢ : poaH:l-�U:c�� orvUO�o�000'z;� ` ".. j�aaza "m�0~:awww;wrorda=�w:wF�z � mF-Um:rnjo:�o ,�m�w�.wm�'��:'��-ww '� '�,�,s C��'� ' W LLl U > U W:ti� y (�F Si1' d Z o Q O �m: m m m m: a;a z��`F- O . a a LL:,x;w O > �F-LLLLF W m;�QOO :}� U U'UO?toX (DO�m�rn� .r.�m ��,L � Q�ULLW ai� a.�:ru.u.LL;WSwu�viw.�LL€aU U�'ra�c�V�UU�'.cJ� m�au.��.LLxvi�n�n'w=au. � a a`� W � � : ; : - � � �a�i �� m a� �. +o� �o. .-�._ 'o.- w�N m'.<�n ao n m:m'.o� c o � _� �a�a¢a¢aaaa`aaaaa`a;aaa�aaaa��a�:aa �mmmmmmmmm,`mm m'a m z z v, r� CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: October 23, 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: Intergovernmental Purchasing Contract with the King County Directors' Association. GOVERNING LEGISLATION: Chapter 39.34 RCW PREVIOUS COUNCIL ACTION TAKEN: N/A BACKGROUND: The City is authorized under state law to utilize the purchasing contracts of other jurisdictions in the state by following certain rules. This is commonly referred to as "piggybacking" on the contract of the other entity. One of the requirements is the adoption of an interlocal agreement by both entities which provides such authority. This proposed interlocal agreement meets that requirement. There are other requirements specific to each piggybacked purchasing event, which are administrative in nature, in order to comply with the requirements of RCW 39.34. Staff is proposing approval of this interlocal purchasing agreement with the King County Directors' Association ("KCDA") which will enable the City to purchase computers and other IT equipment at costs generally expected to be substantially below normal retail pricing. OPTIONS: (1) Approve the Interlocal as drafted; (2) reject the intergovernmental purchasing contract; or (3) take other appropriate action. RECOMMENDED ACTION OR MOTION: Move to authorize the City Manager to finalize and execute the Interlocal purchasing agreement with the King County Directors' Association. BUDGET/FINANCIAL IMPACTS: N/A STAFF CONTACT: Cary Driskell, City Attorney ATTACHMENTS: Washington Associate Membership Agreement— Public Agencies WASHINGTON ASSOCIATE MEMBERSHIP AGREEMENT—PUBLIC AGENCIES (Intergovernmental Cooperative Purchasing/Procurement Agreement) PURSUANT TO CHAPTER 39.34 RCW and to other provisions of law,the King County Directors'Association Purchasing Department, hereinafter called"KCDA",and the following named public agency of the State of Washington, , hereinafter called"the public agency", hereby agree to cooperative governmental purchasing and procurement upon the following terms and conditions: 1. KCDA, in contracting for the purchase of inerchandise, supplies and equipment(hereinafter referred to as"goods") and procurement of services for the member public school districts,agrees to contract also on behaif of the public agency,to the extent permitted by law and agreed upon by the parties. 2. KCDA will contract for the purchase of goods and procurement of services according to the laws and regulations governing purchases by and on behalf of the public school system of the State of Washington. The public agency accepts responsibility for compliance with any additional or varying laws and regulations governing purchases or procurement by or on behaif of the public agency in question. 3. The public agency reserves the right to contract independently for the purchase or procurement of any particular class of goods or services,with or without notice to KCDA. 4. KCDA reserves the right to exclude the undersigned public agency, or any class containing the undersigned public agency,from any particular purchasing or service contract,with or without notice to the public agency. 5. The public agency agrees to pay for goods and services as billed by KCDA upon completion of transfer of goods or performance of services per normal terms as established by KCDA, unless othennrise provided in the contract governing such purchase or service. Any additional expense incurred by KCDA in regard to any transaction for the public agency shall be paid by the public agency. 6. This agreement shall continue in force in perpetuity,except that either party may cancel this agreement on thirty(30) day written notice. 7. Contacts: A. Public Agency: � (��-a ��E' V v l! Name of Individual: r �'' Phone: �� ` S Fax �� /— fJ B. KCDA (425)251-8115 18639 80`h Ave. S. (98032) 9-800-422-5019 P.O. Box 5550 Fax(253)395-5402 Kent,WA 98064-5550 E-Mail www.kcda.orq Date: Loc. Code Tax: Agency Name: i- e � Physical Address: // ' E �5�/:2 '� �. � if� /4 - � G1 '0 Printed Name: ," e a 071 Signature: Title: '< r' � er Telephone Number: _Sl�y 7�ZG— �aOD Fax Number: /— j008 E-Mail Address iyt a� • t7i1 �SOL' '//E(/CZ`/�1. O�''Qi � KCDA Executive Director Date CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: October 23, 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: Amendment to Chapter 19, Spokane Valley Municipal Code (SVMC) GOVERNING LEGISLATION: RCW 36.70A106; SVMC 17.80150 and 1930.040 PREVIOUS COUNCIL ACTION TAKEN: None BACKGROUND: In the past, the City has processed some contentious,privately initiated, site-specific map amendments through the Annual Comprehensive Plan Amendment process. As a result, staff has researched changes to the SVMC to mitigate the impacts of multi-family development when it is adjacent to single-family development. DESCRIPTION OF PROPOSAL: A city initiated text amendment proposing to amend SVMC 19.40.070, 19.40.080, 19.60.070 and 19.60.080 to include standards for multi-family development when it is adjacent to single-family development. On October ll,2012, the Planning Commission voted 6-0 to advance the Findings and Recommendations to the City Council. OPTIONS: Proceed as proposed, or as modi�ed; or direct staff further. RECOMMENDED ACTION: Council consensus to bring this forward for a first ordinance reading at the November 13, 2012 Council meeting. BUDGET/FINANCIAL IMPACTS:None STAFF CONTACT: Mike Basinger, AICP, Senior Planner ATTACHMENTS: A. Proposed Amended Text B. Planning Commission's Findings and Recommendations C. Staff report D. Draft Planning Commission Minutes E. 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S T F ��; A� �� Tr4� � ATTACHMENT A 19.40.070 MF-1—Medium Density Multifamily Residential district. A. The Medium Density Multifamily Residential (MF-1)designation represents an opportunity to provide a range of housing types to accommodate anticipated residential growth.The increase in population, decline in average family size, and increased cost of single-family homes have created increased demand for new housing types. Multifamily residential zones with densities not to exceed 12 units per acre should be used as transitional zoning between higher intensity land uses such as commercial and office to lower density single-family neighborhoods. Additionally, medium density residential areas should be located near services and high capacity transit facilities or transit routes. (Ord. 07- 015 §4, 2007). B. Supplemental Permitted Use Re�ulations 1. Multi-family adiacent to Sin�le-Family Residential uses or zonin� a. A relational hei�ht limit to sin�le residential uses or zone is established (see Fi�ure 1) i. Where new multi-familv development is abuttin�an adiacent parcel with a sin�le-familv use or zone,the hei�ht of the new multi-family development may not increase by more than 45 de�rees when measured from the an�le that ori�inates at 25 feet above the applicable propertv line (creatin�a 1 to 1 hei�ht-to-setback ratio)to the abuttin�sin�le- family use or zone. b. The minimum setback from a sin�le-familv use or zone shall be 10 feet from propertv line. 19.40.080 MF-2—High Density Multifamily Residential district. A. The High Density Multifamily Residential (MF-2) designation represents an opportunity to provide a range of housing types to accommodate anticipated residential growth with densities not to exceed 22 units per acre. Multifamily residential zones should be used as transitional zoning between higher intensity land uses, such as commercial and office, to medium and lower density single-family neighborhoods. High density residential areas should be located near services and high capacity transit facilities or transit routes. (Ord. 07-015 §4, 2007). B. Supplemental Permitted Use Re�ulations 1. Multi-familv adiacent to Sin�le-Familv Residential uses or zonin� a. A relational hei�ht limit to sin�le residential uses or zone is established (see Fi�ure 1) i. Where new multi-family development is abuttin�an adiacent parcel with a sin�le-family use or zone,the hei�ht of the new multi-familv development mav not increase bv more than 45 de�rees when measured from the an�le that ori�inates at 25 feet above the applicable property line (creatin�a 1 to 1 hei�ht-to-setback ratio)to the abuttin�sin�le- familv use or zone. b. The minimum setback from a sin�le-familv use or zone shall be 10 feet from propertv line. 19.60.070 MUC, Mixed Use Center district. A. The Mixed Use Center designation allows two or more uses on a site that can either be vertically or horizontally mixed and includes employment, lodging, and retail along with higher density residential uses. B. Supplemental Permitted Use Regulations. Page 1 of 4 ATTACHMENT A 1. The outdoor storage provisions contained in SVMC 19.60.050(B)(3) shall apply to the MUC district. 2. Front and flanking street yard setbacks shall be 20 feet, except as otherwise provided. 3. Projects with residential components shall provide 210 square feet of open space per dwelling unit conforming to the requirements of SVMC 19.40.020(E) and eligible for reduction for improvements on the same basis; provided, that: a. The requirement does not apply to the development of less than 10 new dwelling units; and b. Additional open space is not required for residential development located within 1,300 feet of a public park. A fee in lieu of land dedication may be assessed for the development of public parks and open spaces to meet the needs of the residents of this district.This assessment will be determined by the council and reviewed on an annual basis. 4. Indoor kennels, doggie day care facilities and kennels associated with veterinarian clinics; provided, that: a. There are no outside runs or areas; b. The structure(s) housing animals is adequately soundproof to meet the requirements of Chapter 173-060 WAC; c. One parking stall provided for every 10 animal confinement areas; and d. Compliance with noise standards for a commercial noise source as identified by WAC 173- 60-040 has been demonstrated by the applicant. (Ord. 08-002 § 1, 2008; Ord. 07-015 §4, 2007). 5. Multi-familv adiacent to Sin�le-Familv Residential uses or zonin� a. A relational hei�ht limit to sin�le residential uses or zone is established (see Fi�ure 1) i. Where new multi-familv development is abuttin�an adiacent parcel with a sin�le- family use or zone,the hei�ht of the new multi-family development may not increase by more than 45 de�rees when measured from the an�le that ori�inates at 25 feet above the applicable propertv line (creatin�a 1 to 1 hei�ht-to-setback ratio)to the abuttin�sin�le-family use or zone. �b.The minimum setback from a sin�le-family use or zone shall be 10 feet from property line. 19.60.080 CMU, Corridor Mixed Use district. A. The Mixed Use Center designation allows two or more uses on a site that can either be vertically or horizontally mixed and includes employment, lodging, and retail along with higher density residential uses. B. Supplemental Permitted Use Regulations. 1. The outdoor storage provisions contained in SVMC 19.60.050(B)(3) shall apply to the MUC district. 2. Front and flanking street yard setbacks shall be 20 feet, except as otherwise provided. Page 2 of 4 ATTACHMENT A 3. Projects with residential components shall provide 210 square feet of open space per dwelling unit conforming to the requirements of SVMC 19.40.020(E) and eligible for reduction for improvements on the same basis; provided, that: a. The requirement does not apply to the development of less than 10 new dwelling units; and b. Additional open space is not required for residential development located within 1,300 feet of a public park. A fee in lieu of land dedication may be assessed for the development of public parks and open spaces to meet the needs of the residents of this district. This assessment will be determined by the council and reviewed on an annual basis. 4. Indoor kennels, doggie day care facilities and kennels associated with veterinarian clinics; provided, that: a. There are no outside runs or areas; b. The structure(s) housing animals is adequately soundproof to meet the requirements of Chapter 173-060 WAC; c. One parking stall provided for every 10 animal confinement areas; and d. Compliance with noise standards for a commercial noise source as identified by WAC 173- 60-040 has been demonstrated by the applicant. (Ord. 08-002 § 1, 2008; Ord. 07-015 §4, 2007). 5. Recycling facility; provided, that: a. All recyclable materials and equipment must be contained indoors; b. All activities must meet the noise requirements of SVMC 7.05.040(L); c. When adjacent to an existing residential use or residential zone, screening in SVMC 22.70.030(B) shall be required; d. The site must have frontage on an existing arterial or state highway and access will be limited to such frontage; and e. No dangerous or hazardous materials as defined in Appendix A shall be recycled or processed on site. (Ord. 11-021 § 1, 2011; Ord. 08-002 § 1, 2008; Ord. 07-015 §4, 2007). 6. Multi-family adiacent to Sin�le-Family Residential uses or zonin� a. A relational hei�ht limit to sin�le residential uses or zone is established (see Fi�ure 1) i. Where new multi-familv development is abuttin�an adiacent parcel with a sin�le- family use or zone,the hei�ht of the new multi-family development may not increase by more than 45 de�rees when measured from the an�le that ori�inates at 25 feet above the applicable propertv line (creatin�a 1 to 1 hei�ht-to-setback ratio)to the abuttin�sin�le-family use or zone. b. The minimum setback from a sin�le-family use or zone shall be 10 feet from property line. Page 3 of 4 ATTACHMENT A Figure 1: Relational Height Limit I '�PR�E;F'FRT'i I li�:� j' 1 � I'��,hJ /iF2�A � � RC�IJN�A�Y � i �eicPub Lir�-tit � '_;::_'+' � :.��.[;�,��:..!•:—��i�::,l i. -.. I i �=, � �`'r ,� ., � ,I � � _ r- - :- .r-i-u . � / �.'�_ �r �_n.�� li=i� �iur�. ..�t:...:. Page 4 of 4 ATTACHMENT B FINDINGS AND RECOMMENDATIONS OF THE SPOKANE VALLEY PLANNING COMMISSION October 11,2012 The following findings are consistent with the Planning Commission's decision to recommend approval. Background: 1. Spokane Valley development regulations were adopted in September 2007 and became effective on October 28, 2007. 2. A city initiated text amendment proposing to amend Spokane Valley Municipal Code (SVMC) 19.40.070, 19.40.080, 19.60.070 and 19.60.080 to include standards for multi-family development when it is adjacent to single-family development. 3. The Planning Commission held a public hearing on October 11, 2012. The Planning Commission approved the following amendment to SVMC 19.40.070, 19.40.080, 19.60.070 and 19.60.080. Planning Commission Findings: 1. Compliance with SVMC 17.80.150F Approval Criteria a. The proposed privately initiated text amendment is consistent with the applicable provisions of the Comprehensive Plan; Finding(s): i. Goal LUG-1: Preserve and protect the character of Spokane Valley's residential neighborhoods. ii. Policy LUP-1.L Maintain and protect the character of e�sting and future residential neighborhoods through the development and enforcement of the City's land use regulations and j oint planning. iii. Policy LUP-1.2: Protect residential areas from impacts of adjacent non-residential uses and/or higher intensity uses through the development and enforcement of the City's land use regulations and j oint planning. iv. Policy LUP-1.3: Review and revise as necessary, existing land use regulations to provide for innovation and flexibility in the design of new residential developments, accessory dwelling units and in-�ll development. v. Policy LUP-2.4: Residential development should be designed to provide privacy and common open space. Open space areas shall be proportionate to the size of the residential development. vi. Policy HP-1.3: Establish development regulations and incentives for greater diversity of housing types, costs and designs, that may include bonus incentives, clustering, and transfer of development rights. b. The proposed amendment bears a substantial relation to public health, safety, welfare, and protection of the environment Finding(s): i. The proposed text amendment will assist in mitigating the impacts to single-family residential development when it is adj acent to new multi-family development. Findings and Recommendations of the Spokane Valley Planning Commission Page 1 of 2 ATTACHMENT B ii. The public health, safety,welfare, and protection of the environment are furthered by ensuring that the City's development regulations are consistent with goals and policies in the adopted Comprehensive Plan. 2. Conclusion(s): a. The proposed text amendment is consistent with the City's adopted Comprehensive Plan and the approval criteria contained in the SVMC 17.80150F. b. The Growth Management Act(GMA) stipulates that the comprehensive land use plan and development regulations shall be subj ect to continuing review and evaluation by the City. Recommendations: The Spokane Valley Planning Commission therefore recommends approval to the City Council of proposed city initiated, code text amendments to SVMC 19.40.070, 19.40.080, 19.60.070 and 19.60.080 as attached. Approved this 11te day of October,2012 Bill Bates, Chairman ATTEST Deanna Griffith,Administrative Assistant Findings and Recommendations of the Spokane Valley Planning Commission Page 2 of 2 ATTACHMENT C COMMUNITY DEVELOPMENT DEPARTMENT `�T}°F PLANNING DIVISION pokane �Vall�.'y� STAFF REPORT TO THE PLANNING COMMISSION STAFF REPORT DATE: August 30, 2012 HEAx�1vG DATE A1vn LocAT�o1v: October 11, 2012, beginning at 6:00 p.m., Spokane Valley City Hall Council Chambers, Valley Redwood Plaza Building, ll707 East Sprague Avenue, Suite 101, Spokane Valley, Washington 99206. F�LE Nu1v�sEx: CTA-03-12 PROPOSAL DESCRIPTION: The City has processed a number Figure 1 of contentious, privately initiated, site-specific map �� amendments through the Annual Comprehensive Plan i : � � Amendment (CPA) process. As a result, staff has researched i .-, ,, _ changes to the Spokane Valley Municipal Code to mitigate the i ,_ � impacts of multi-family development when it is adjacent to ! single-family development. The proposal is to establish a � � � ! - relational height limit to single residential use or zone. Where � i new multi-family development is abutting an adj acent parcel i with a single-family use or zone the minimum setback will be i 10 feet from the property line and a 1 to 1 height-to-setback i ratio will be established (see Figure 1). ��! A city initiated text amendment proposing to amend Spokane ' � ' Valley Municipal Code sections 19.40.070, 19.40.080, 19.60.070 and 19.60.080 to include standards for multi-family development when it is adjacent to single- family development. APPL�cANT(s): City of Spokane Valley APPROVAL C�TEx�A: Spokane Valley Comprehensive Plan, Spokane Valley Municipal Code (SVMC) Title 17 General Provisions. STAFF PLANNER: Mike Basinger, AICP, Senior Planner, Community Development Department REVIEwED BY: Scott Kuhta, AICP, Planning Manager, Community Development Department A. BACKGROUND INFORMATION 1. APPL�cAT�o1v PxocESS�1vG: SVMC 17.80 Permit Processing Procedures. The following summarizes application procedures for the proposal. Process Date Published Notice of Public Hearing: September 21, 2012 Posted Notice at City Hall and Main Library Branch: September 21, 2012 Staff Report and Recommendation CTA-03-12 B. FINDINGS AND CONCLUSIONS SPECIFIC TO THE CODE TEXT AMENDMENT 1. Compliance with SVMC 17.80.150F Approval Criteria a. The proposed privately initiated text amendment is consistent with the applicable provisions of the Comprehensive Plan; Finding(s): i. Goal LUG-1: Preserve and protect the character of Spokane Valley's residential neighborhoods. ii. Policy LUP-11: Maintain and protect the character of e�sting and future residential neighborhoods through the development and enforcement of the City's land use regulations and j oint planning. iii. Policy LUP-1.2: Protect residential areas from impacts of adjacent non-residential uses and/or higher intensity uses through the development and enforcement of the City's land use regulations and j oint planning. iv. Policy LUP-1.3: Review and revise as necessary, e�sting land use regulations to provide for innovation and flexibility in the design of new residential developments, accessory dwelling units and in-�11 development. v. Policy LUP-2.4: Residential development should be designed to provide privacy and common open space. Open space areas shall be proportionate to the size of the residential development. vi. Policy HP-13: Establish development regulations and incentives for greater diversity of housing types, costs and designs, that may include bonus incentives, clustering, and transfer of development rights. b. The proposed amendment bears a substantial relation to public health, safety, welfare, and protection of the environment Finding(s): i. The proposed text amendment will assist in mitigating the impacts to single-family residential development when it is adj acent to new multi-family development. ii. The public health, safety,welfare, and protection of the environment are furthered by ensuring that the City's development regulations are consistent with goals and policies in the adopted Comprehensive Plan. 2. Conclusion(s): a. The proposed text amendment is consistent with the City's adopted Comprehensive Plan and the approval criteria contained in the SVMC 17.80.150F. b. The Growth Management Act(GMA) stipulates that the comprehensive land use plan and development regulations shall be subj ect to continuing review and evaluation by the City. C. FINDING AND CONCLUSIONS SPECIFIC TO PUBLIC COMMENTS 1. Finding(s): a. No public comments have been received to date. Page 2 of 3 Staff Report and Recommendation CTA-03-12 2. Conclusion(s): a. Adequate public noticing was conducted for CTA-03-12 in accordance with adopted public noticing procedures. D. FINDING AND CONCLUSIONS SPECIFIC TO AGENCY COMMENTS 1. Finding(s): a. No agency comments have been received to date. 2. Conclusion(s): a. No concerns are noted. E. OVERALL CONCLUSION The proposed text amendment is consistent with Chapter 36.70A RCW (Growth Management Act) and City's adopted Comprehensive Plan. F. STAFF RECOMMENDATION The Planning Division recommends the proposed code text amendment to mitigate the impacts to single-family residential development when it is adj acent to new multi-family development. G. RECOMMENDED MOTION I move the Planning Commission recommend approval of CTA-03-12 to mitigate the impacts to single-family residential development when it is adjacent to new multi-family development, to the City Council. H. ATTACHMENTS Proposed Text Amendment Page 3 of 3 Spokane Valley Planning Commission DRAFT Minutes Council Chambers — City Hall, 11707 E. Sprague Ave. October 11, 2012 L CALL TO ORDER Chair Bates called the meeting to order at 6:00 p.m. IL PLEDGE OF ALLEGIANCE Commissioners, staff and audience stood for the pledge of allegiance IIL ROLL CALL COMMISSIONERS Present Absent CITY STAFF Bill Bates -Chair � � Scott Kuhta,Planning Manager John G. Carroll � �— Erik Lamb, Deputy City Attorney Rustin Hall � �— Lori Barlow, Senior Planner Rod Higgins � � Mike Basinger, Senior Planner Steven Neill �� -- Fred Beaulac r° � Joe Stoy—Vice Chair � � Deanna Grif�th, Secretary The Chair hearing no objection declared Mr. Stoy's absence was excused. IV. APPROVAL OF AGENDA Commissioner Higgins made a motion to approve the October 1l, 2012 agenda as presented. This motion was passed unanimously. V. APPROVAL OF MINUTES Commissioner Neill made a motion to approve the September 27, 2012 minutes as presented. This motion was passed unanimously. VL PUBLIC COMMENT There was no public comment. VIL COMMISSION REPORTS Commissioners Bates and Higgins reported they had attended a Planning Short Course offered by the Dept. of Commerce October 5, 2012. Planning Commission Minutes 10-ll-12 Page 1 of 8 VIIL ADMINISTRATIVE REPORTS Planning Manager Kuhta reported the advanced agenda would be updated by the next meeting. He also reported during next meeting Deputy City Attorney Erik Lamb would be conducting a short training regarding Planning Commission members using City email addresses. IX. COMMISSION BUSINESS A. Unfinished Business: Deliberations Shoreline Master Program, Shoreline Environment Designations. Sr. Planner Barlow recapped the events to date following the public hearing held September 27, 2012. Ms. Barlow stated during the public hearing the Commission had received verbal and written testimony and requested staff ask the City's outside legal counsel to review it and comment on it. Ms. Barlow reported Mr. Kisielius reviewed the comments and generally felt the City had addressed all of the points which had been raised by Futurewise and their partners. However, staff did feel there were two changes which could be made based on the comments received. In the introduction the suggested change would be to add the words, "and assure". Futurewise requested to change the reference to `no net loss' from a goal to a requirement. Mr. Kisielius felt the reference should be consistent with the WAC. New Text: This is necessary so that the Citv °'""•°';"° ''°T,°'"'�"'°"+will reasonably protect existing uses and shoreline character and assure �� ±��+�� +�+��-,;a� o��, ��r "No Net Loss" of shoreline ecological functions �� °��°�. Ms. Barlow stated the other change requested was to include all of the state required policies in the aquatic environment section of the report. Staff reviewed the request, conferred with Mr. Kisielius. Mr. Kisielius has recommended the Planning Commission include any extra general policies to cover situations the City did not anticipate. In the aquatic environment this would affect a few structures, primarily docks, piers, bridges, utility corridors. Ms. Barlow reminded the Commission during the public hearing she had included two maps for discussion. The first map had three designations reflected the original draft. The second map, identified as the Alternate Draft Environment Designation Map, had the staff recommendations with the suggested expanded environmental designations, Shoreline Residential — Upland, Shoreline Residential — Waterfront, Urban Conservancy, Urban Conservancy—High Quality, and Aquatic, and the defined Ordinary High Water Mark near Coyote Rock. The Commissioners thanked Sr. Planner Barlow for her work and diligence and then discussed a point of order regarding information and the handling the motion on the floor. The Commissioners agreed the Alternative Map and the draft of the Environment Designations presented with the two minor changes was what they wanted moved forward. Commissioner Carroll commented he was concerned the Urban Conservancy — High Qualiry would be confusing for people and felt it should be changed to Natural. However, he would go along with the Commission vote. Planning Commission Minutes 10-ll-12 Page 2 of 8 The original motion was "to accept the Shoreline Designations as proposed". T�ote is 0 in favor, 6 against, the motion fails. Commissioner Beaulac moved to recommend approval to the City Council of the Draft Environment Designations and the draft Alternative Designation map as presented. The vote on this motion was unanimous in favor, the motion passes. B. New Business: 1. Public hearing on CTA-03-12 proposed amendment regarding setbacks for multifamily development when adjacent to single family development. Chair Bates declared the public hearing opened at 6:38 p.m. Commissioner Carroll read the rules for a public hearing. Sr. Planner Mike Basinger recapped for the Commissioners CTA-03-12, a City initiated code text amendment regarding the setbacks for multifamily development when it is adjacent to single family residential development. Mr. Basinger stated concerns in the past have been of the bulk and scale of multifamily development when it has been adjacent to single family development. As a result council asked staff to look into possible mitigation options. Commissioners, at the study session, asked to have notice sent to the development community. Staff did send a notice to the Spokane Home Builders Association, who in turn sent the message to membership. Mr. Basinger said he did receive some information from one developer and would share it with the Commission in his presentation. The proposed amendment would set a 1:1 relational height setback Mr. Basinger explained it would be predictable for development and easy for staff to administer. However, a concern had been raised that it could create a hardship for some smaller properties to develop. Mr. Basinger then explained the new proposal which would allow a 35 foot building height at the 10 foot minimum setback The setbacks would increase from there. A 50 foot tall building would have be set back 25 feet. There were no further questions or discussion. The Chair called for anyone from the public to testify. Dennis Crapo, 2602 N Sullivan Rd.: Mr. Crapo stated he was a developer and he was not opposed to the change. Mr. Crapo also stated he did not feel there was anything wrong with the current regulations and that City struggled to apply the standards consistently. Mr. Cra�o recapped his request for a Comprehensive Plan amendment on property located on 4t near Sullivan. When he made his request for the Comprehensive Plan amendment the Shelley Lake Homeowners became upset. The Shelley Lake Home Owners Association (HOA) gathered together and came to the Commission and to the Council and complained, therefore causing the creation of a developer agreement in the Municipal Code in order to mitigate the impacts. Mr. Crapo stated it delayed his project, did not feel it was fair when he had tried to accommodate reasonable development with the neighbors, cost him money in attorney fees and the standards at the time were adequate. Mr. Crapo then reminded the Commission during the last year's Comprehensive Plan amendment process Mr. Arger came in for a Comprehensive Plan amendment, very similar to his, and citizens became upset, but they are not as organized as the Shelly Lake HOA and Mr. Arger was not required to have a developer agreement. Mr. Crapo stated he felt the rules should apply to Planning Commission Minutes 10-ll-12 Page 3 of 8 everyone fairly or the City would continue to get resistance against development and there would be no certainty for developers. Mr. Crapo said whether the City stayed with the current rules, or had new rules, citizens were going to complain when they did not like new development next to them, and a developer will never know with certainty what rules he will be using if the rules are allowed to change every time development is met with resistance. Mr. Crapo said he felt staff had done a good job preparing a reasonable compromise. Mr. Crapo said when a developer buys properry for high densiry development they pay more for it, they expect be able to get more out it. When asked by a Commissioner, Mr. Crapo said of the two options he would prefer the second one. It would allow a 35-foot building at a 10-foot setback He said, of course he would prefer not to change the regulation at all. He also said he did not feel it would change the resistance in the community. This option would allow latitude to the builder and the developer. Mr. Crapo again, stated, regardless of the change, he still would like to see the standards applied evenly and fairly to everyone and predictability in the regulations is key to developers. Chair Bates closed the public hearing at 6:56 p.m. Commissioner Neill then requested to ask Mr. Crapo a question. Commissioner Carroll moved to reopen the public hearing. This motion was seconded and the vote was unanimously passed. The public hearing was reopened at 6:56 p.m. Mr. Crapo returned to the podium. Commissioner Neill asked if there could be a third option for smaller parcels which would be difficult to develop under the new standard. Mr. Crapo responded that he felt there is nothing wrong with current standard. The third option would be current regulations. Mr. Crapo said, again, he feels the problem is that regardless the standards single family homeowners are not going to be happy when multifamily development happens next to them. Mr. Crapo said he would like to be cooperative with staff, and will go along with which ever option is proposed. When asked if he had spoken with other developers regarding the proposal, he indicated he had. When asked about those responses he had received from them Mr. Crapo stated he would not speak for any other developers. Mr. Crapo said after discussion he hoped the Commission would look at the proposal from different angles. Commissioner Bates asked Mr. Basinger if the Developer Agreements were in the Comprehensive Plan. Mr. Basinger answered yes there are policies in the Comprehensive Plan which support it, but the Municipal Code is where the guidance for the developer agreements are located. Mr. Basinger also said he had mentioned at the study session this proposal (15 foot option) would not work for all properties, especially the smaller ones. The purpose of the proposal is to add some confidence in our regulations which would mitigate the impacts of multifamily development when it is adjacent to single family development. He reminded the Commission the City would like to try and not enter into developer agreements. Staff would support either option. Both proposals have a relational setback, but Option 2 would allow smaller properties to develop a little easier. Commissioner Hall stated the point Mr. Crapo is making is this type of regulation would make developing more predictable. Mr. Hall asked staff's opinion if this change would make developing more predictable? Would it resolve the problem? Mr. Planning Commission Minutes 10-ll-12 Page 4 of 8 Basinger replied when in conjunction with Comprehensive Plan amendments it should do that. Commissioner Higgins stated this change also makes the City's position, in subsequent Comprehensive Plan hearings, defensible. Mr. Higgins pointed out dependability is gone with developer agreements. He said if this change helps avoid that, he supports it. Chair Bates closed the public hearing at 7:15 p.m. Commissioner Carroll asked Commissioner Hall if, as an architect, the proposals have any issues he can see. Mr. Hall stated he does not have a problem with either option. Commissioner Hall moved to recommend approval of CTA-03-12, clarify relational setback as modified to 25 foot formula to the City Council. Commissioner Neill stated he supported this amendment. He said he believed it would help with smaller properties and with the City's responsibility to the citizens. He said he thought it would help to alleviate some of the flashback to some of the issues the Ciry has had regarding development in the past. He felt it had good balance. Commissioner Carroll shared he was part of the Planning Commission when Mr. Crapo's Comprehensive Plan was in submitted for approval Mr. Carroll said he thought the Commission did not have the tools to help mitigate the issues. He said he felt this would proposal was a more even way to deal with these issues. Commissioner Hall said it would be nice if people would realize when they buy property next to an open space it is possible development will be coming eventually, but they don't. However, he felt the amendment was a good compromise. Commissioner Higgins thanked Mr. Crapo for his comments, finding them very educational. Commissioner Bates also thanked Mr. Crapo. Commissioner Bates continued saying he felt this would not solve all of the Ciry's problems. We need the tools to make good decisions. We still have a ways to ga Mr. Bates did not want to take anything away from the current proposal; he felt it was a good regulation change. Mr. Bates stated he felt the City needed to improve in the communications area. He said he felt the communication, when it came to Comprehensive Plan amendments, between the City, developers and the neighborhoods needs to be improved in order to try and mitigate the problems we are continually dealing with. Mr. Bates stated he intended to support the proposed The vote on the motion was 6 in favor, the motion passed unanimously. Commission took a break at 7:30 and returned at 7:40 2. Study session Shoreline Master Program—Restoration Plan. Sr. Planner Lori Barlow made a presentation regarding the Shoreline Master Program Restoration Plan. Ms. Barlow stated that the SMP Restoration Plan provides a framework for restoration based on the inventory and characterization report, identifies potential sites and opportunities for restoration and protection and provides guidance for carrying out restoration in a comprehensive manner. Ms. Barlow stated the Restoration Plan is a required element of the WAC. Jurisdictions which ha�e impaired shorelines must prepare a plan. Based on the City's inventory we Planning Commission Minutes 10-ll-12 Page 5 of 8 know we have impaired sites. Some examples are bank erosion, degraded habitat with large concentrations of noxious weeds, cleared and disturbed areas, eroding gully slopes, erosion from heavy foot traffic, DOE metals clean-up sites. Ms. Barlow said the WAC identifies items the Restoration Plan must address, which include the following. Identify degraded areas, impaired functions and sites with potential for ecological restoration. Establish overall goals and priorities for restoration of degraded areas and impaired ecological functions. Identify existing and ongoing projects and programs. Identify additional projects and programs to meet restoration goals. Identify timelines and benchmarks for implementing restoration projects and programs and achieving local restoration goals. Provide for mechanisms or strategies Ms. Barlow then went on to explain each of the elements of the Plan. Section 1 —Introduction: It is an overview of the requirements and how the plan is intended to work in the SMP update process. It provides the City context for the plan which includes collaborative planning, regulation, preservation of high quality shoreline areas, and aiding community efforts to restore degraded portions of the Ciry's shorelines. The City and restoration partners are intended to work together on securing funding to implement the plan and attain the timelines and benchmarks in the plan as funding allows. In this section there is also an overview of the requirements, and how the plan is intended to work. Section 2 Restoration Goals and Su�ortin� Policies: This section identifies the restoration goals and policies and refers back to the goals and policies in the overall SMP. It summarizes degraded shoreline areas and functions, prioritizes restoration opportunities, prioritizes restoration possibilities with the greatest benefit, establishes a implementation strategy, helps to identify opportunities which contribute towards shoreline restoration efforts, and monitor restoration activities. Section 3, Existin� and On-�oin�Projects and Pro�rams: Summarizes existing factors limiting the functionality of the shoreline ecosystem. Limiting Factors are things which impair the ecosystem processes and limit the capacity of the functions. They are environmental variables whose presence, absence or abundance restricts the conditions. They could be things present like noxious weeds, or adding shade trees. This section identifies the limiting factors and causes and highlights e�sting and ongoing projects and programs that may address those issues. Last, it identifies additional projects and programs needed to achieve shoreline restoration goals. It addresses where the gaps are and what can the City do about them. For example, even though we know there is a program to clean up the toxic metals sites, often the projects do not include vegetation. This will allow us to�gure out where the gaps are and how we fill them. Section 4 Prioritization Methodolo�v: This strategy was put in place to address how to prioritize projects for restoration when it became possible to complete them. The scoring factors are: Ease of property acquisition, shade benefit, scale of restoration Planning Commission Minutes 10-ll-12 Page 6 of 8 activity, role within the context of surrounding habitat matrix and consistency with other SMP goals. Section 5 Restoration O�ortunities: There are two types of restoration opportunities. One is programmatic opportunities (which are not site specific) such as public education programs, shoreline regulations and enforcement, shoreline maintenance, conservation futures and stormwater standards. The second opportunity is site specific opportunities: Where the site could be restored to a properly functioning condition. The opportunities are voluntary. Neither of the opportunities are a requirement. The city is not obligated to fund any of the restoration opportunities. However, the city is required to proactively identify restoration partners and pursue funding opportunities — this requires staff involvement. Ms. Barlow gave an example of how the program could work The City is currently working with State Parks Dept. to stabilize the river bank east of Flora Road. The City would look at what is impaired based on the plan and then look a� what is possible in some of the conceptual approaches. The City has partnered with the State and has designed the repair project for the state to implement. Section 6 Im�lementation Plan: This section address an implementation plan which identifies partners,potential funding sources, timelines and benchmarks. This section has a list of organizations who have in the past demonstrated an interest in protecting the City's shorelines. There is also a list of possible funding sources which are possible if a project should become available for restoration. Timeline and benchmarks for implementing restoration plan are also in this section. Section 7 Monitoring, Maintenance and Ada�tive Mana_eg ment: The purpose of this section is to provide steps for monitoring the successful implementation of this plan and to have a process for monitoring site specific projects. This section also identifies an alternative strategy if restoration benchmarks are not met. Ms. Barlow said the public hearing for the Restoration Plan is scheduled for October 25th 2012. She told the Commissioners the next elements of the SMP to come before them would be the Public Access Plan, then the regulations. Commissioner Beaulac asked how successful could a restoration plan be in an urban jurisdiction, especially when surrounding jurisdictions do not take care of their issues as the City is doing. Ms. Barlow responded each jurisdiction in the state of Washington who have shorelines of the state are required to have a restoration plan, and each of the other jurisdictions are sharing a piece of the river. The City can only assume they are sharing similar issues. Mr. Kuhta also indicated the City's situation provides more opportunity for restoration because most of the shoreline along the river is publically owned land, so partnership is easier. Private groups also help out, for instance there is a group who just helped around the Mirabeau Park area, helping to define foot paths and cleaning up the area. Ms. Barlow and Mr. Kuhta named examples of other cities where shoreline restoration has occurred in highly industrialized, urban areas. Mr. John Patrouch, with URS Corporation shared with the Commission the City has good shoreline here, but it still needs to track no net loss of ecological functions. Mr. Patrouch said the base line is the inventory, if nothing changed the simple wear and tear along the trail would require restoration efforts. Commissioner Beaulac asked if the Planning Commission Minutes 10-ll-12 Page 7 of 8 Ciry can't get the funding, would we would revert to public education. Mr. Patrouch responded the City would do the site specific restoration at same time as programmatic opportunities. Both efforts would be done at the same time. Commissioner Neill asked if a benchmark were approaching and the City was not going to achieve it would it put the city in a position to have to fund a shoreline project over another dedicated project, like street preservation. Ms. Barlow said no, the city would not be required to fund shoreline restoration. She further commented the biologist, Noah Herlocker, who wrote the Ciry's restoration plan, has been recognized as having written some of the best restoration plans around the state. The Plan as written does not obligate funds above and beyond another priority project. The restoration plan will not force the city to hire someone to keep track of the shoreline restoration projects. Staff will keep track and document projects and incorporate when possible restoration concepts identified in the plan. Commissioner Hall asked if staff could foresee any possible conflicts in potential partners. Staff responded there could be some — every group has an agenda and there could be a conflict, in that case they may not be a good partner for that particular project. However, with most potential partners there are commonalities. Staff discussed how projects would come into the City and be reviewed to determine if it requires an environmental review and if these would be a potential for restoration in the project and parmering possibilities. X. GOOD OF THE ORDER Commissioners Carroll and Higgins will not be able to attend the October 25, 2012 meeting. XL ADJOURNMENT The being no other business the meeting was adjourned at 8:37 p.m. .� � .�.� Bill Bates, Chairperson �. J Deanna Griffith, PC Secretary Date signed Planning Commission Minutes 10-ll-12 Page 8 of 8 CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: October 23, 2012 Department Director Approval: � Item: Check all that apply: ❑ consent ❑ Old business ❑ New business ❑ Public Hearing ❑ Information �Admin. Report❑ Pending Legislation AGENDA ITEM TITLE: 2013 Annual Comprehensive Plan Amendment (CPA) Process GOVERNING LEGISLATION: The Growth Management Act (GMA) RCW 36.70A. PREVIOUS COUNCIL ACTION TAKEN: None. 2013 PROPOSED COMPREHENSIVE PLAN AMENDMENTS: City initiated text amendments for 2013 will be limited to changes to Chapter 3: Transportation, Chapter 4: Capital Facilities, Chapter 6: Parks and Recreation, and Chapter 7: Economic Development. It is critical to update the Transportation and Capital Facilities elements annually due to GMA requirements for concurrency and for certain funding sources, such as Real Estate Excise Tax (REET). REET money can only be used for capital projects that are identified in the City's Comprehensive Plan. City initiated map amendment for 2013 include evaluating the split zoning classifications north of Trent Avenue between McDonald Road and Blake Road. The City will also consider reclassifying property located east of Eastern Road, north of Park Road, and south of Interstate 90, from Office to Community Commercial. Staff has conducted two official pre-application meetings to date for privately initiated amendment requests. Staff proposed additions: - Add policies and goals to further support AutoRow businesses - Consider revising the Land Use Map to include more opportunities for multi-family development - Add policies and goals relating to food systems - Revise the Local Access Street Map to include connections along Appleway Boulevard - Add policy language to include sidewalks and pathways for low income neighborhoods - Include policy language on pavement preservation - Add extension of proposed shared use path to newly purchased City property BACKGROUND: Comprehensive Plan Amendments to Date 2003: Upon incorporation, the City adopted the County's Comprehensive Plan and Development Regulations on an interim basis. City Council and Planning Commission held a number of joint meetings to discuss comprehensive plan related issues and drafted a vision for the staff to use as guidance during the development of the draft plan. Page 1 of 3 2004: The City conducted a telephone survey of randomly selected citizens to solicit citizen input on a wide range of issues including land use, aesthetics, transportation, parks and recreation and budget priorities. The outcome of that survey was used to prepare the city's draft plan. Additionally, the city conducted a number of community workshops to gather direct input from citizens on a variety of issues forming the basis for the goals and policies in the City's currently adopted Comprehensive Plan. The policies and goals provide direction on the City's vision for the future and guides growth and change in Spokane Valley over the next 20 years. 2005: The City developed a draft Comprehensive Plan for public hearings before the Planning Commission and City Council. 2006: The City adopted its first Comprehensive Plan. 2007: Chapter 8 Natural Environment critical areas information was updated to conform to updated state regulations. 2008: Chapter 2 Land Use was updated to include potential annexation areas. The purpose of this section is to identify the unincorporated areas within the existing Spokane County Urban Growth Area (UGA) that are adjacent to the City of Spokane Valley, which would comprise potential annexation areas for the City. 2009: Chapter 2 Land Use was updated to remove all properties designated public/quasi-public to prevent an unintentional hardship where the uses allowed were limited to community facility type applications such as a church or fire station. In many cases, the public/quasi-public designation resulted in a loss of value for the property owner. The City adopted the Sprague and Appleway Corridor Plan (SARP). 2010: Chapter 2 Land Use was updated to include policies for development agreements for site-specific map amendments. An emergency amendment processed to remove the City Center designation from the Sprague Appleway Revitalization Plan. 2011: Chapter 8 Natural Environment was updated to reflect the removal of inappropriately designated Department of Natural Resources (DNR) streams and Priority Habitat Areas to ensure development was not wrongly restricted. Chapter 11 Bike and Pedestrian was added to implement the program adopted by City Council. After due process, all reference to the Sprague and Appleway Revitalization Plan was removed from the Comprehensive Plan. 2012: Chapter 3 Transportation was updated to reference the Chapter 11 Bike and Pedestrian Element. Chapter 4 Capital Facilities and Public Services was updated to reflect the city service provider's facility and service data. This update included a complete rewrite of the County's 6- year sewer construction Capital Improvement Program. Chapter 7 Economic Development was updated to include revised goals and policies and new forecasted economic conditions. GROWTH MANAGEMENT ACT MANDATORY UPDATES: The Growth Management Act (GMA) requires that each Washington City establish a public participation program and procedures for amendments, updates and revisions of comprehensive plans and development regulations. With some exceptions, proposed amendments or updates may be considered no more frequently than once every year and must be considered concurrently, so that the cumulative effects may be evaluated. GMA requires a mandatory review of the Comprehensive Plan by June 30, 2017. This process must include an established public participation program to ensure the community is actively Page2of3 involved in the process. At this time, the following elements of the Comprehensive Plan have been identified as the primary focus of the 2017 mandatory review. - Chapter 2 Land Use: a complete review including policies to promote physical activity. - Chapter 3 Transportation: ensure the transportation element is consistent with the changes made in the Land Use element. - Chapter 4 Capital Facilities: update the schools and water districts capital improvement programs. - Chapter 5 Housing: Evaluate the City's affordable housing programs including policies to ensure manufactured housing is not regulated differently than site built housing. Before undertaking the Comprehensive Plan update the City will need to establish a work program that outlines the entire update process including a public participation program. OPTIONS: Identify other amendments to add to the 2013 CPA Docket RECOMMENDED ACTION OR MOTION: N/A. BUDGET/FINANCIAL IMPACTS: N/A. 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'� � � � . .`,� , . " �•. ._ . �., _ , ,,_�.t . , \._� � � Trent '"�. _ .,� .. . ,, . �-.. : , � �'�;.; Exhibit 1 City of Spokane Valley 2013 Comprehensive Plan Amendment Docket PRIVATELY INITIATED COMPREHENSIVE PLAN AMENDMENTS File Number Ma or Text Summar of Amendment CPA-XX-XX N/A No formal applications received to date CITY INITIATED COMPRENSIVE PLAN SITE SPECIFIC MAP AMENDMENTS File Number Map Summary of Amendment CPA-01-13 Land Use Map Parcels 35231.0603, 35231.9106, 35242.9010, 35242.9011, & 35242.9012, Office to CC CPA-02-13 Land Use Map Reevaluate the split zoning north of Trent Avenue between McDonald Road and Blake Road CITY INITIATED COMPREHENSIVE PLAN TEXT AND MAP AMENDMENTS File Number Map or Text Summary of Amendment CPA-XX-XX Text Chapter 3 —Transportation: include transportation Map 3.1 improvements developed in the 2012 development cycle; update 3.4 Transit section. CPA-XX-XX Text Chapter 4 —Capital Facilities and Public Services: Map 4.2 update 6-year TIP; ensure City capital projects, such as parks and other public facilities are included to utilize REET funding; update Table 4.36 Intersection LOS Analysis; update Map 4.2, Fire Districts with new fire station. CPA-XX-XX Text Chapter 7— Economic Development: update text and Map 7.1 Map 7.1 to reflect the latest Development Activity. CPA-XX-XX Map 11.1-11.4 Chapter 11 — Bike and Pedestrian: include bike and pedestrian improvements developed in the 2012 development cycle. Ideas for City Council: Chapter 2: Land Use Updated 09/26/12 Add policies and goals relating to food systems-currently the comprehensive plan does not address growing food. Spokane County and the City of Spokane have policy language that addresses growing food. Recommendations: - Flexible in LU Chapter for improving food access (residential areas) ■ Assess food access at a neighborhood level (adjust zoning if necessary) - Community Gardens - encouraging multiple uses on public sites - Encourage small grocery stores in neighborhoods /transportation and food access - Food as an economic engine ■ Organic farms on large lots ■ Encourage food production (processing) ■ Public markets ■ Festivals - Encourage gardening in commercial, office, and mixed use zones - Provide or assist in educational programs (parks or health dept.) about growing, preparing, & eating healthy foods Commissioner Higgins suggested updating the Chapter 2 - Land Use to reflect current conditions. Recommendation: - Consider adding the Library and extension of Balfour Park/Community Garden - Review surveys determine if another community survey is necessary - Review historical segments and consider relevancy - Consider language to support Auto Row o Code enforcement o Property consolidated Consider revising the Land Use Map to include more opportunities for MF development along the Appleway Boulevard ROW. Recommendation: - Look at large lots in the vicinity of supporting commercial on Sprague. Chapter 3-Transportation Revise the Local Access Street Plan to include connections along Appleway Boulevard Recommendation: - Use SARP to identify needed connections & potential MF development sites Add policy language to ensure sidewalks and pathways for low income neighborhoods Recommendation: - Use CDBG criteria to identify supporting policy language Chapter 4- CFP Economic recovery and planning to support strategic infrastructure investments Updated 09/26/12 Recommendation - Include pavement preservation policy - Develop general policies to support economic committee objectives to date Chapter 5- Housina Mayor Towey & Council member Gothman identified conflicting statements in the Housing Chapter. Recommendation: - Review the following goals and policies for inconsistency (HG-3, LUG-1, LUP 1.1, LUP- 6.9, LUP-16.1, and TP-11.1) - Identify housing trends based on upcoming demographics Updated 09/26/12 CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: October 23, 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: Regulation of Commercial Vehicles GOVERNING LEGISLATION: SVMC 9.05.010; WAC 308-330-462; RCW 46.61.570; RCW 46.44.080. PREVIOUS COUNCIL ACTION TAKEN: At the May 29, 2012 City Council meeting, Council received an administrative report on potentially restricting semi-truck parking in residential zones, and at the June 26, 2012 Council meeting, received a follow up administrative report from the perspective of the professional trucking community; September 4, 2012 administrative report. BACKGROUND: At the direction of Council, staff has been working on providing potential code options for regulating commercial truck traffic in residential neighborhoods. Additionally, staff has attempted to aggregate regulations regarding similar topics into one place, a new chapter of the City Code. OPTIONS: (a) No action; (b) request staff make additional changes to the draft Code provisions; and/or (c) place on future agenda for a first reading. RECOMMENDED ACTION OR MOTION: Direction through consensus from the City Council on which option, if any, the Council would like to pursue. BUDGET/FINANCIAL IMPACTS: None anticipated. STAFF CONTACT: Cary Driskell, City Attorney ATTACHMENTS: (1) Draft proposed code section relating to truck traffic issues (2) Map showing existing "posted no trucks" signs posted by Spokane County 1 Chapter 9.30 COMMERCIAL VEHICLE REGULATIONS Sections: 9.30.010 Purpose and authority. 9.30.020 Definitions. 9.30.030 "No Trucks' or "Local Delivery Only" Signs. 9.30.040 Liability of Owner for Violations. 9.30.050 Excessive noise from vehicle audio system prohibited. 9.30.060 Idling of commercial vehicles limited in residential areas. 9.30.070 Operating refrigeration units on certain vehicles limited in residential areas. 9.30.080 Violations — Penalty. 9.30.090 Severability. ` � 9.30.010 Purpose and authority. The purpose of this chapter is to regulate the kinds and classes of traffic, parking, and vehicular noise on certain streets within the City. This regulation is undertaken in order to promote the efficient movement of vehicles and conduct of commerce, while preserving the integrity of residential zones. The provisions of this chapter are adopted under the authority granted by RCW 46.44.080 and SVMC 9.05.040, and are to promote the health, safety and welfare of the citizens of the City. 9.30.020 Definitions. Terms used within this chapter are defined as follows: A. "Commercial Vehicle" means that term as defined in RCW 46.04.140, as now or hereafter amended. B. "Local Delivery" means providing local or neighborhood deliveries or services to points upon such streets or roads. C. "Residential area" means the following zoning districts, as delineated on the official zoning map of the City: R-1 Single-Family Residential Estate District. R-2 Single-Family Residential Suburban District. R-3 Single-Family Residential District. R-4 Single-Family Residential Urban District. MF-1 Multifamily Medium Density Residential District. MF-2 Multifamily High Density Residential District. Page 1 of 3 D. "Residential Street" means any street or alleyway within the City which is not designated on the City's arterial road map. E. "Trailer" means that term as defined in RCW 46.04.620, as now adopted or hereafter amended. F. "Vehicle" means that term as defined in RCW 46.04.670, as now adopted or hereafter amended. 9.30.030 "No Trucks" or "Local Delivery Only" signs. A. Any street upon which a "No Trucks" sign is posted shall be permanently closed to all commercial vehicle travel having a gross licensed weight of 10,000 pounds or more. B. Any street upon which a "Local Delivery Only" sign is posted shall be permanently closed to all commercial vehicle travel having a gross licensed weight of 10,000 pounds or more, except for the purpose of providing local or neighborhood deliveries or services to points between the posted signs. C. The following vehicles are exempt from the provisions of SVMC 9.30.030: A. All vehicles owned, contracted, or operated by governmental agencies. B. Emergency vehicles and solid waste disposal vehicles. C. Electrical, water, telephone, and natural gas utility providers responding for installations, maintenance, or incident repairs. D. Vehicles actively used for the purpose of delivering materials to be used in the actual and bona fide repair, alteration, remodeling, or construction of any building or structure upon a residential street, for which a building permit has previously been obtained. E. Trailers currently used at a specific location within a residential zone for the purpose of assisting or providing services such as construction, carpentry, plumbing, or landscaping to a residence or location upon a residential street, for which a building permit has previously been obtained. F. Recreational vehicles including motor homes, campers, and travel trailers. G. Vehicles belonging to, or operated by, persons permanently residing within the City limits, as evidenced by the owner's or operator's address on file with the Washington State Department of Licensing. To qualify for this exemption, the vehicle must be used for commuting to work at places located inside or outside of the City limits. H. Any commercial vehicle belonging to a business located between the posted Local Delivery Only signs. Page 2 of 3 9.30.040 Liability of owner for violations. If the person operating the commercial vehicle at the time a citation for violation of SVMC 9.30.030 is issued is not the owner of the vehicle, then the issuing officer may also issue a citation for the owner of the vehicle in addition to the operator pursuant to RCW 46.44.120, as adopted or amended. Further, the operator of the commercial vehicle is authorized to accept the citation and to execute the Promise to Appear on behalf of the owner of the vehicle. 9.30.050 Excessive noise from vehicle audio system prohibited. The sound from any motor vehicle audio system such as tape players, radio, and compact disc players at volumes so high as to be audible greater than 50 feet from the vehicle itself is prohibited. 9.30.060 Idling of commercial vehicles limited in residential areas. Between the hours of 10:00 p.m. of any day and 7:00 a.m. the next day, no person shall allow a commercial vehicle to idle in residentially-zoned areas more than 10 consecutive minutes, or more than 15 minutes total in any single calendar day. 9.30.070 Operating refrigeration units on certain vehicles limited in residential areas. Between the hours of 10:00 p.m. any day and 7:00 a.m. the next day, no person shall allow the operation of a refrigeration unit on a trailer in a residentially-zoned area. 9.30.080 Violations — Penalty. Any person violating or failing to comply with any provisions of this chapter shall be subject to a Class 1 civil infraction pursuant to Chapter 7.80 RCW. 9.30.090 Severability. If any provision of this chapter or its application to any person or circumstance is held invalid, the remainder of the chapter, or the application of the provision to other persons or circumstances, is not affected. Page 3 of 3 w �I � ol � _ o z >+ � � � U O tn Y e � � U � � � � � a c � � e e W w � p � m Q z � � O z e � a ° � �aa x3Have z � Z > � � na x3�e... N �aa x��a✓e . 6 � � U � Q � � x �R•` � X Y � V/ � W a c� 'mH�A1�) ° 'Oa 9M] ,, ' ~ � VI W � I J z .. �d,�„ �d�„ oa��, 3 � � � � � C �,�d,,,,� �.�,,,,� �.��,,,,� � �,�d,�� _p �,��, ` �C� � �s�od �swd� � �� riY N33N9N113 Iii 'W N33L'1b313 'ON N33M'/a113 ¢ e � � pU N3 � � � m � �aa a�vxna�w r 'aa a�v�w e � � � N� � ��O oe S�+v 'aa Ss� T p 4;cV _ aa s3� e e ��•�� .,�<,,r;� : '� �'U�QO 6 � � `g �� 20 �''^ 'h > 1 � �aa Hsaxoe ��Q w� � � Y .m Ns�ca 'aa i,siaxoe � e e O � ONi e ` N � V1.-- �'a� e � m � C �� • u� aw O � � �0.v A[5a3n�IAI �, � O ��Z v uti 'ON AL6N3A/I�1 'OL A[lStl3�1/N/I b Yips. iT i W Q � O Y U Q�� i �o� �r� U P RO � fl �On tlYVJ OhNN��NIL � 'W NY))/IW 'OL 3K5�bd` � y g O O � � � � � �6 W�i � J � Q a . (Uf1¢Q oy !s � r U � �,m O~ p] v N y�j � c �� 3 �' � o = � � Oa xHVd � � �� e � � 'ON NYMN36V[ e � � c � b _ W 'Ob 2U/A�/�NJ .. � � �= - _ _ O �� I�- - r �� I I - ,;i_�� n �i In��lflffi�`,I - , Z ., � " �, �� r 1..` CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: October 23, 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: Discussion — Planning Commission Rules of Procedure. GOVERNING LEGISLATION: Spokane Valley Municipal Code 18.10.030. PREVIOUS COUNCIL ACTION TAKEN: Planning Commission Review June 14 and 28, July 12 and 26, 2012. Administrative report to Council August 21, 2012, discussion September 25, 2012. BACKGROUND: Staff worked with the Planning Commission through the spring and summer this year to review and revise the Planning Commission Rules of Procedure. Staff has brought this forward for discussion with the Council twice previously. On September 25, the Council asked staff to look at drafting additional language whereby a Planning Commission member failing to attend 12 meetings in any given calendar year could be removed for neglect of duty. The current proposed draft includes subsection, 13(D)(3), regarding tracking absences of Commission members. This language requires that the minutes from each Planning Commission meeting, which will be included in City Council agenda packets, include a running tally of attendance for each Commission member for the calendar year, including whether absences are excused or unexcused. Staff is seeking additional discussion with the Council about potential options to deal with absences. OPTIONS: Discussion RECOMMENDED ACTION OR MOTION: Discussion BUDGET/FINANCIAL IMPACTS: NA STAFF CONTACT: Cary Driskell, City Attorney; John Hohman, Comm. Development Director ATTACHMENTS: (1) Proposed Resolution 12-006 adopting Planning Commission Rules of Procedure. (2) Spokane Valley Municipal Code 18.10 — Planning Commission DRAFT CITY OF SPOKANE VALLEY SPOKANE COUNTY,WASHINGTON RESOLUTION NO. 12-006 A RESOLUTION OF THE CITY OF SPOKANE VALLEY, SPOKANE COUNTY, WASHINGTON, ADOPTING THE SPOKANE VALLEY PLANNING COMMISSION RULES OF PROCEDURE, AND OTHER MATTERS RELATING THERETO. WHEREAS, the provisions of Spokane Valley Municipal Code Section 18.10.030 establish the rules for the Spokane Valley Planning Commission and mandate that the Planning Commission shall adopt rules and procedures as are necessary for the conduct of business, subject to the approval of the City Council; and WHEREAS, the Planning Commission Rules of Procedure were last revised by the Council on November 29, 2011. The Rules establish that they are to be reviewed on the odd numbered years, but that upon the recommendation of the City Attorney,proposed changes may be brought forward as appropriate; and WHEREAS, on July 26, 2012, the Planning Commission's recommended revisions to the Rules of Procedure included inserting a code of ethics, providing clarification as indicated, and ensuring that the Rules reflect current practice. NOW THEREFORE, be it resolved by the City Council of the City of Spokane Valley, Spokane County, Washington as follows: Section 1. Ado�tion of S�okane Vallev Planning Commission Rules of Procedure. The Spokane Valley Ciry Council hereby adopts the Spokane Valley Planning Commission Rules of Procedure dated **, 2012, which are attached hereto and made a part hereof. Section 2. All �rior Planning Commission Rules of Procedure are re�ealed. Any previously adopted versions of the Planning Commission Rules of Procedure are hereby repealed in their entirety. Section 3. Effective Date. This Resolution shall be in full force and effect upon adoption. Adopted this *th day of*, 2012. CITY OF SPOKANE VALLEY Thomas E. Towey, Mayor ATTEST: Approved as to form: Christine Bainbridge, City Clerk Office of the City Attorney Resolution 12-006 Adopting Planning Commission Rules of Procedure Page 1 of 9 DRAFT City of Spokane Valley Planning Commission Rules of Procedure Adopted by Planning Commission 02-19-OS Revised by Resolution 10-004,2-09-2010 Revised by Resolution ll-010, 11-29-20ll Revised by Resolution 12-006, *-*-2012 On July 26, 2012, these Rules of Procedure were adopted by the Planning Commission, pending approval of City Council. ORGANIZATION AND RULES OF PROCEDURE 1. Name The "City of Spokane Valley Planning Commission," hereinafter referred to as the "Commission" is an advisory body created by the City Council for purposes consistent with Spokane Valley Municipal Code (SVMC) 1810. 2. Location The Commission offices are located at the City Hall of the City of Spokane Valley. 3. Officers Unless otherwise required by a vacancy in office, the Commission shall organize every year in accordance with SVMC 1810. A. Of�cers of the Commission shall be elected from its membership; the of�cers shall be Chair, Vice Chair, and other appropriate officers that the Commission may choose to approve and appoint by maj ority vote. B. Commission members must have served at least one full calendar year to be eligible to be elected as an Officer. C. The Chair shall preside over the Commission and exercise all powers incidental to the office, retaining however, the full right as a member of the Commission to propose motions, second motions and have a vote recorded on all matters of the Commission. D. In the absence of the Chair from any meeting, the Vice-Chair shall perform all the duties incumbent upon the Chair, and retain the full right as a member of the Commission in the same manner as the Chair. 4. Secretary of the Commission A. The Director of the Community Development Department or his/her designee shall serve as the Secretary to the Commission. B. The Secretary shall provide for a recording of all Commission meetings, including public hearings and shall ensure that summary minutes of all public hearings and meetings are prepared, approved, and filed in the public record. C. The Secretary will conduct and record a roll call of the Commission members at each meeting, public hearing and study session. Resolution 12-006 Adopting Planning Commission Rules of Procedure Page 2 of 9 DRAFT 5. Election of Officers A. Officers shall be elected at the first regular meeting in January of each year, by majority vote of the membership of the Commission. Terms of office shall run from the first January meeting until December 31 or until a successor has been elected. No Commission member shall serve more than two full consecutive terms as Chair of the Commission. No Commission member shall serve as Vice-Chair for more than two full consecutive terms. In the event that the Commission has no sitting Chair at the first regular meeting in January, the Vice-Chair will preside over the Commission until officers are elected. If at the first regular meeting in January, both the Chair and Vice-Chair are no longer Commission members, the Secretary will preside over the meeting until Officers are elected. B. A vacancy in any office will be filled by a special election, to be held at a convenient time with a majority present. In the event that the office of Chair is vacated, the vice-chair shall serve in that capacity until the required special election is held. Any member of the Commission who has served for at least one full calendar year, is eligible to fill the vacancy. However, no member can hold two office positions concurrently. 6. Quorum A quorum shall consist of four or more members of the Commission and no action can be taken in the absence of a quorum except to adjourn the meeting to a subsequent date. A quorum must be present for all meetings. 7. Voting A. The affirmative vote of a majority of those present shall be necessary for the adoption of any motion or other general matter. B. For the conduct of business dealing with matters which require adoption or changes to the City's Comprehensive Plan, or for the election of officers, at least four affirmative votes must be cast. Each member of the Commission is entitled to one vote. No proxy shall be allowed. C. No member may participate or vote on a matter unless the member has been in attendance at all public hearings regarding such matter or has listened to the recording of the public hearing and reviewed the written record of the matter in question. 8. Meetings A. There shall be at least one regular meeting each month with additional meetings scheduled as necessary. Regular meetings shall be scheduled on the 2nd and 4"' Thursdays of the month, commencing at 6:00 p.m. and ending not later than 9:00 p.m. Meeting ending time can be extended by a majority vote of the Commission. Meetings may be used for general planning matters, study sessions or public hearings as described below. 1. Meetin�s on General Plannin� Matters. General planning matters to be reviewed by the Commission will typically be preceded by a study session of the Commission to discuss the issues with Community Development Department staf£ Generally, no testimony from the public shall be taken at a study session. 2. Public Hearin� Meetin�. A public hearing is a meeting wherein general business and public hearing items, such as the Comprehensive Plan and development regulations are discussed and decided. Resolution 12-006 Adopting Planning Commission Rules of Procedure Page 3 of 9 DRAFT 3. Scheduled meetings may be canceled or convened at other times if deemed necessary by the Chair or,in the absence of the Chair,by the Vice-Chair. Notice of cancellation shall be given personally to Commission members and to the public by posting a notice at City Hall. 4. The recommended order of business for meetings is: a. Call to order by Chair. b. Pledge of Allegiance. c. Roll call by Secretary. d. Approval of Agenda. e. Approval of minutes. f. Public comment. g. Commission member reports. h. Administrative reports. i. Commission business. i. Unfinished business ii. New business j. For the good of the order. k. Adjournment. B. Commission meetings shall be held in accordance with the requirements of the Open Public Meetings Act, RCW Chapter 4230. C. Special meetings and study sessions may be called: 1. By the request of the Chair, or,in the Chair's absence,by the Vice-Chair. 2. By the written request to the Chair, or in the Chair's absence, to the Vice-Chair, of three members of the Commission. 3. By agreed motion of the Commission. 9. Conduct of Hearings A. Actions for a Commission Public Hearing. Prior to the start of the public hearing, the Chair may require that all persons wishing to be heard sign in with the Secretary, giving their names and addresses, the agenda item, and whether they wish to speak as proponent, opponent, or otherwise. Any person who fails to sign in shall wait to speak until all those who have signed in have had an opportunity to speak At any public hearing, persons who have signed in and wish to be heard shall be given an opportunity to be heard. The Chair, subject to concurrence by the majority of the Commission, may establish time limits and otherwise control presentations. The Chair may change the order of speakers so that testimony is heard in the most logical groupings, (i.e., proponents, opponents, adjacent owners, vested interests, etc.). B. The Chair shall introduce each agenda item, open each public hearing, and announce the following Rules of Order: Resolution 12-006 Adopting Planning Commission Rules of Procedure Page 4 of 9 DRAFT 1. All comments by proponents, opponents, or the public shall be made from the speaker's rostrum, and any individual making comments shall first give his/her name and address. This is required because an official recorded transcript of the public hearing is being made. 2. It is not necessary to be a proponent or opponent in order to speak. If you consider yourself neither a proponent nor opponent, please speak during the proponent portion and identify yourself as neither a proponent nor an opponent. 3. No comments shall be made from any other location, and anyone making "out of order" comments shall be subject to removal from the meeting. 4. We ask that there be no demonstrations, applause or other audience participation during or at the conclusion of anyone's presentation. It is distracting to the Commission and persons te stifying. 5. Please limit your testimony to three minutes. 6. These rules are intended to promote an orderly system of holding a public hearing and to give persons an opportunity to be heard. C. When the Commission conducts a hearing to which the Appearance of Fairness Doctrine applies, the Chair (or in the absence of the Chair or in case of a potential violation by that individual, the Vice Chair) will ask if any Commission member knows of any reason which would require such member to excuse themselves pursuant to the Appearance of Fairness Doctrine. The form of the announcement shall be as follows: All Commission members should now give consideration as to whether they have: 1. A demonstrated bias or prejudice for or against any party to the proceedings; 2. A direct or indirect financial interest in the outcome of the proceeding; 3. A prejudgment of the issue prior to hearing the facts on the record, or 4. Had ex parte contact with any individual, excluding staff, with regard to an issue prior to the hearing. Please refer to Section 14(B) for more specific information on how to proceed where there has been an ex parte communication. If any Commission member should answer in the affirmative, then the Commission members should state the reason for his/her answer so that the Chair may inquire of staff as to whether a violation of the Appearance of Fairness Doctrine e�sts. CONDUCTING THE PUBLIC HEARING a. The Chair will announce the matter and open the public hearing stating the date and time. b. The Chair will allow staff to describe the matter under consideration and place matters in the public record. c. The Chair will inquire as to whether Commission members have any questions of staff. If any Commission member has questions, the appropriate individual will be recalled. d. The Chair will allow proponents, opponents and the public to offer testimony and evidence on the pending matter. The Chair may allow Commission members to ask questions of any person at the conclusion of their testimony. e. At the conclusion of the public testimony, the Chair will ask staff if there is any additional information, testimony or evidence to submit for the record. Resolution 12-006 Adopting Planning Commission Rules of Procedure Page 5 of 9 DRAFT f. The Chair will then either close or continue the public hearing. Additional testimony may not be requested or considered after the closing of the public hearing, however, the Chair may declare that the public hearing will remain open until a date certain for the purpose of receiving written testimony or materials. g. The Chair will inquire if there is a motion by any Commission member. If a motion is made, it shall be in the form of an affirmative motion. Af�rmative motions are preferred to prevent "approval by default" of a failed negative motion. Following the motion and its second, discussion will occur among Commission members. h. The Chair will inquire if there is any further discussion by the Commission members. i. The Chair will inquire if there are any final comments or recommendations from staff. j. The Chair will inquire of the Commission members if they are ready for the question. k The Chair will call for the vote on the motion. l. The Chair may direct staff to prepare findings for approval. D. Pre-filing of testimony or evidence is encouraged and may be delivered to the Community Development Department in advance of a hearing. 10. Agenda, Staff Reports and Minutes for Regular Meetings. A. Typically, a copy of the agenda for every regular meeting of the Commission shall be sent to each member up to seven days prior to the date of the meeting. B. If available, staff reports will be sent to Commission members with the agenda. Agendas and staff reports will be made available to applicants and the public at the same time. ll. Minutes and Communications with the City Council. Minutes of all meetings shall be kept and the complete �les of proceedings and actions taken in connection therewith shall be considered the public record and filed with the City Clerk. The Secretary shall provide the Commission members with a set of minutes of the previous meeting. These minutes shall be considered for approval by the Commission at a regularly scheduled public meeting and, upon approval, shall become part of the official record of action of the Commission. Approved minutes shall also be transmitted to the City Clerk for the City Council. 12. Recording of Meetings Whenever possible, proceedings of all public hearings, meetings, study sessions and any special meetings shall be recorded and retained. 13. Statement of Ethics /Code of Conduct A. Statement of Ethics. It is hereby recognized and established that high moral and ethical standards of Commission members are vital and essential to provide unbiased, open and honest conduct within all phases and levels of government that rules of ethics are helpful in guiding Commission members to eliminate or prevent actual or perceived conflicts of interest in public office, and to improve and elevate standards of public service so as to promote and strengthen the confidence, faith and trust of the people of the City of Spokane Valley in their local government. B. Interests in Contracts Prohibited; Exceptions. No Commission member shall be beneficially interested, directly or indirectly, in any contract which may be made by, through, or under the supervision or direction of any Spokane Valley Resolution 12-006 Adopting Planning Commission Rules of Procedure Page 6 of 9 DRAFT City employee, in whole or in substantial part, or which may be made for the bene�t of his or her office, or accept, directly or indirectly, any compensation, gratuity or reward in connection with such contract from any person beneficially interested therein. The foregoing shall not apply to the exceptions specified in RCW 42.23.030 which are incorporated herein as if fully set forth. C. Conflicts of Interest 1. A Conflict of Interest includes: a. Engaging in a transaction or activity which impairs, or would to a reasonable person appear to impair, the Commission member's independence of judgment or action in the performance of their official duties; b. A Commission member having a financial or other private or personal interest in any matter upon which the member is required to act in the discharge of his or her official duties; c. A "Professional Conflict of Interest" includes any real or perceived conflict of interest caused by circumstances such as a Commission member's employment, past or present. Where the Commission member's employer or professional activity is only tangentially related to a matter before the Commission, recusal need not occur if the Commission member can reasonably conclude that the connection is, or was remote and inconsequential. If a Commission member is required to refrain from deliberation or participation by his/her employer because of a real or perceived conflict of interest, then the Commission member will be allowed to recuse or withdraw from that deliberation. 2. Conflict of Interest Procedure: Every Commission member who has a conflict of interest shall publicly disclose the conflict at the next Commission meeting after the Commission member discovers the conflict. If a discovery or determination of a conflict is made during a Commission meeting, the Commission member shall publicly disclose the conflict at that time. The nature and extent of such conflict of interest shall be fully disclosed, and a summary of the same shall be incorporated into the official minutes of the Commission proceedings. If a Commission member feels that they cannot be unbiased because of any conflict of interest, the Commission member shall recuse themselves from further proceedings on the issue. Such Commission member shall make a public statement disclosing the reasons why the Commission member believes they are disqualified, and state they are recusing themselves from the issue. The disqualified Commission member will then leave the Council Chambers until such time as the issue at hand has been disposed of in the regular course of business. If there are other matters on the agenda, then the disqualified Commission member must return to the Council Chambers to participate in the other matters as soon as the Commission ends discussion of the matter in which the disqualified Commission member has a conflict of interest. D. Other Prohibited Acts. Commission members are prohibited from: 1. Acting in a manner which would result in neglect of duty, misfeasance or malfeasance in office. 2. Acting in a manner that intentionally disrupts Commission meetings. 3. Missing three or more consecutive, regularly scheduled meetings or study sessions without such absences being excused by the Commission. Resolution 12-006 Adopting Planning Commission Rules of Procedure Page 7 of 9 DRAFT The Commission recognizes that consistent and regular attendance of ineetings by all members is integral to fulfilling the purpose of the Planning Commission. All members should strive to attend all meetings and keep absences to an absolute minimum. If a member is absent, then after roll call by the Secretary, the Chair shall inform the Commission of the member's absence, state the reason for such absence, and inquire if there is any objection to excusing the member. If there is an objection, the Presiding Officer shall make a motion to excuse the member. If the motion is seconded, a vote shall be taken, and the outcome of the vote shall determine whether the member shall be considered excused. If there is no objection, or a motion to excuse the member is not seconded after an objection was made, then the member shall be deemed excused. If the Chair finds that the Commission has inadequate information to determine whether the absent member should be excused, and the person is not present, then the Chair should defer any determination of whether to excuse the member pending receipt of more information. A Commission member's absence is excused if they have recused themselves from a matter that is being discussed during the meeting, and the recusal is due to an actual or perceived conflict of interest. The official minutes for each meeting shall include a running tally of the attendance for the current calendar year for each Commission member, including the number of excused and unexcused absences. 4. Using his or her position to secure special privileges or exemptions for himself, herself, or others. 5. Directly or indirectly receiving, accepting, taking, seeking, or soliciting anything of economic value regardless of the amount, as a gift, gratuity, or favor. 6. Engaging in or accepting private employment or rendering services for any person or engaging in any business or professional activity when such employment, service or activity is incompatible with the proper and faithful discharge of his/her official duties as a Commission member, or when it would require or induce the Commission member to disclose confidential information acquired by reason of such official position. 7. Disclosing confidential information gained by reason of his or her membership on the Commission or using such information for his or her personal gain or bene�t. 8. Engaging in any meeting that violates the Open Public Meetings Act (OPMA). The OPMA strictly forbids any meeting of a quorum of the Commission during which any City business is discussed. The OPMA provides that Commissioners may: a. meet informally in less than a quorum and discuss City business, and b. meet in a quorum if City business is not discussed. However, Commissioners are encouraged to be mindful that such meetings risk creating the appearance of a violation of the OPMA and such meetings should be avoided. 14. Appearance of Fairness A. The Commission shall adhere to the applicable requirements of the Appearance of Fairness Doctrine, RCW Chapter 4236. B. During the pendency of any quasi judicial proceeding,no Commission member may engage in ex parte communications with proponents or opponents about a proposal involved in the pending proceeding,unless the Commission member: Resolution 12-006 Adopting Planning Commission Rules of Procedure Page 8 of 9 DRAFT 1. places on the record the substance of such oral or written communications; and 2. provided that a public announcement of the content of the communication and of the parties' right to rebut the substance of the communication shall be made at each hearing where action is taken or considered on the subject. This does not prohibit correspondence between a citizen and Commission members if the correspondence is made part of the record, when it pertains to the subject matter of a quasi judicial proceeding. (RCW 42.36.060) 15. Review of These Rules of Procedure The Commission shall review these rules of procedure on the first anniversary of their adoption and the odd numbered years thereafter. Proposed changes upon the recommendation of the City Attorney may be brought forward as appropriate. Any amendments identified by the Commission or the City Attorney shall be forwarded to the City Council for review and ratification. Resolution 12-006 Adopting Planning Commission Rules of Procedure Page 9 of 9 Chapter 18.10 PLANNING COMMISSION Sections: 18.10.010 Establishment and purpose. 18.10.020 Membership. 18.10.030 Meetings — Rules. 18.10.040 Staff support. 18.10.050 Duties and responsibilities. 18.10.010 Establishment and purpose. There is created the City of Spokane Valley planning commission (hereafter referred to as the "planning commission"). The purpose of the planning commission is to study and make recommendations to the mayor and city council for future planned growth through continued review of the City's comprehensive land use plan, development regulations, shoreline management, environmental protection, public facilities, capital improvements and other matters as directed by the city council. (Ord. 07-015 § 4, 2007). 18.10.020 Membership. A. Qualifications. The membership of the planning commission shall consist of individuals who have an interest in planning, land use, transportation, capital infrastructure and building and landscape design as evidenced by training, experience or interest in the City. B. Appointment. Members of the planning commission shall be nominated by the mayor and confirmed by a majority vote of at least four members of the city council. Planning commissioners shall be selected without respect to political affiliations and shall serve without compensation. The mayor, when considering appointments, shall attempt to select residents who represent various interests and locations within the City. C. Number of Members/Terms. The planning commission shall consist of seven members. All members shall reside within the City. Terms shall be for a three-year period, and shall expire on the thirty-first day of December. D. Removal. Members of the planning commission may be removed by the mayor, with the concurrence of the city council, for neglect of duty, conflict of interest, malfeasance in office, or otherjust cause, or for unexcused absence from three consecutive regular meetings. Failure to qualify as to residency shall constitute a forfeiture of office. The decision of the city council regarding membership on the planning commission shall be final and without appeal. E. Vacancies. Vacancies that occur other than through the expiration of terms shall be filled for the unexpired term in the same manner as for appointments. F. Conflicts of Interest. Members of the planning commission shall fully comply with Chapter 42.23 RCW, Code of Ethics for Municipal Officers; Chapter 42.36 RCW, Appearance of Fairness; and such other rules and regulations as may be adopted from time to time by the city council regulating the conduct of any person holding appointive office within the City. No elected official or City employee may be a member of the planning commission. (Ord. 07-015 § 4, 2007). 18.10.030 Meetings— Rules. A. The planning commission shall every year organize and elect from its members a chair, who shall preside at all meetings of the planning commission and perform such other functions as determined by rule. A vice chair shall be elected to preside in the absence of the chair. A majority of the planning commission members shall constitute a quorum for the transaction of business, and a majority vote of those present shall be necessary to carry any proposition. B. The planning commission shall determine a regular meeting schedule (time, place and frequency) and shall meet at least one time every month. All meetings shall be open to the public. C. The planning commission shall adopt such rules and procedures as are necessary for the conduct of business, subject to the approval of city council, and shall keep a recording of its proceedings. D. All hearings before the planning commission shall be conducted in the manner set forth in Appendix B. (Ord. 07-015 §4, 2007). 18.10.040 Staff support. Administrative staff support to the planning commission shall be provided by the City's community development department (hereafter referred to as the "department"). In addition, the planning commission, through its chair, may request formal opinions or memorandums from the city attorney or community development director(hereafter referred to as the "director")on any pending matter. (Ord. 07- 015 §4, 2007). 18.10.050 Duties and responsibilities. The planning commission, as an advisory body to the city council, shall perform and have the following duties and responsibilities: A. Assist in the preparation of a Comprehensive Plan and development regulations in compliance with Chapters 35A.63 and 36.70A RCW, including the establishment of procedures for early and continuous public participation in the development and amendment of the Comprehensive Plan and the development regulations; B. Review plans and regulations related to land use management, shoreline management, environmental policy, transportation systems, public facilities and capital infrastructure planning and development; C. Upon request from the city manager or city council, review potential annexations to the City; D. Where design review is required by land use ordinances of the City, perform such design review unless that review is delegated to some other appointed body or City staff; E. Identify issues and recommend priorities for geographic subareas including park and open space areas in the City; F. Meet and confer with the hearing examiner to review the administration of land use policies and ordinances to enhance the planning and permitting process; G. Make periodic written and oral reports to the city council addressing work in progress and other significant matters relating to the City; H. Hold public hearings in the exercise of duties and responsibilities; I. Perform such other duties and powers as may be conferred by ordinance, resolution or motion of the city council. Unless otherwise assumed by the city council, the planning commission shall hold all public hearings required to be held in the course of adoption or amendment to the Comprehensive Plan, the development regulations, adoption or amendment of the zoning map, or adoption or amendment of regulations for the subdivision of land, shoreline management, environmental regulations, and other land use ordinances of the City. (Ord. 07-015 §4, 2007). DRAFT ADVANCE AGENDA For Planning Discussion Purposes Only as of October 17, 2012; 2:30 p.m. Please note this is a work in progress; items are tentative To: Council & Staff From: City Clerk, by direction of City Manager Re: Draft Schedule for Upcoming Council Meetings October 30,2012, Studv Session Format, 6:00 p.m. [due Mon, Oct 22] ACTION ITEMS: 1. Second Reading Ordinance Adopting 2013 Budget—Mark Calhoun (15 minutes) 2. Second Reading Proposed Ordinance Amending 2012 Budget—Mark Calhoun (15 minutes) 3. Motion Consideration: Approval of University Road Study—Inga Note (15 minutes) NON-ACTION ITEMS: 4. Draft Environment Designations, Shoreline Master Plan—Lori Barlow & Tadas Kisielius (45 minutes) 5. I-90/Wayfinding signage project discussion—Inga Note (20 minutes) 6. Snow Removal Plan—Eric Guth (20 minutes) 7. Ten Year Anniversary Update—Carolbelle Branch (15 minutes) 8. Advance Agenda (5 minutes) [*estimated meeting: 150 minutes] November 6,2012, Studv Session Format, 6:00 p.m. [due Mon, Oct 29] 1. Legislative Update—Briahna Taylor (30 minutes) 2. Draft Environment Designations, Shoreline Master Plan—Lori Barlow (if needed) (20 minutes) 3. Drainage Easements—Gabe Gallinger (20 minutes) 4.Update on Development Proj ects—John Hohman (20 minutes) 5. Advance Agenda (5 minutes) [*estimated meeting: 95 minutes] November 13,2012,Formal Meetin�Format, 6:00 p.m. [due Mon,Nov 5] 1. Consent Agenda(claims,payroll,minutes) (5 minutes) 2.First Reading Proposed Ordinance re Multi-Family Regulations—Mike Basinger (15 minutes) 3.Proposed Resolution Accepting Environment Designations, SMP—Lori Barlow (15 minutes) 4. Motion Consideration: Approval of Comprehensive Plan Docket—John Hohman (10 minutes) 5. Admin Report: 2013 Fees—Mark Calhoun (20 minutes) 6. Admin Report: Lodging Tax Advisory Committee Recommendation to Council—M.Calhoun(20 min) 7. Advance Agenda [*estimated meeting: 85 minutes] November 20,2012—No Meetin�.Thanks�ivin�Week November 27,2012—Possible no meeting, (NLC Conference in Boston, Nov 27—Dec 1) December 4,2012, Studv Session Format, 6:00 p.m. [due Mon,Nov 26] 1. Advance Agenda (5 minutes) 2. Economic Development Ad Hoc Committee Report—Councilmember Wick (20 minutes) 3. Info Only: Department Reports (normally due for the Nov 27 meeting) [*estimated meeting: 25 minutes] Draft Advance Agenda 10/18/2012 1:29:46 PM Page 1 of 3 December 11,2012,Formal Meetin�Format, 6:00 n.m. [due Mon,Dec 3] 1. Consent Agenda(claims,payroll,minutes) (5 minutes) 2. Second Reading Proposed Ordinance re Multi-Family Regulations—Mike Basinger (15 minutes) 3.Proposed Resolution: Amending Fees for 2013 —Mark Calhoun (15 minutes) 4. Motion Consideration: Lodging Tax Allocation of Funds—Mark Calhoun (30 minutes) 5. Motion Consideration: Mayoral Appointments to Planning Commission, Committees, etc. (15 minutes) 6. Admin Report: Advance Agenda (5 minutes) [*estimated meeting: 85 minutes] December 18,2012, Studv Session Format, 6:00 n.m. [due Mon,Dec 10] 1. Advance Agenda 2. Info Only: Department Reports December 25,2012.No meeting. Christmas week Januarv 1,2013.No meetin�. New Year's Dav Januarv 8,2013,Formal Meetin�Format, 6:00 n.m. [due Mon,Dec 31] 1. Consent Agenda(claims,payroll, minutes) (5 minutes) 2. Admin Report: Advance Agenda (5 minutes) January 15,2013, Studv Session Format, 6:00 p.m. [due Mon,Jan 7] 1. Advance Agenda (5 minutes) January 22,2013,Formal Meetin�Format, 6:00 p.m. [due Mon,Jan 14] 1. Consent Agenda(claims,payroll,minutes) (5 minutes) 2. Advance Agenda Januarv 29,2013, Studv Session Format, 6:00 n.m. [due Mon,Jan 21] 1. Advance Agenda (5 minutes) Februarv 5,2013, Studv Session Format, 6:00 n.m. [due Mon,Jan 28] 1. Advance Agenda (5 minutes) Februarv 12,2013,Possible No MeetinQ(Citv Le�islative Action Conference fCLACI in Olvmpia) Februarv 19,2013 TENTATIVE Winter Workshon (in lieu of Studv Session� 8:30 a.m.—5:00 p.m. City Hall Council Chambers February 26,2013,Formal Meetin�Format, 6:00 p.m. [due Mon,Feb 18] 1. Consent Agenda(claims,payroll,minutes) (5 minutes) 2. Advance Agenda 3. Department Reports Draft Advance Agenda 10/18/2012 1:29:46 PM Page 2 of 3 OTHER PENDING AND/OR UPCOMING ISSUES/MEETINGS: ADA Transition Plan Arts Council Bidding Contracts (SVMC 3. —bidding exceptions) Centennial Trail Agreement City Hall Analysis Contracts, Annual Renewals, histories, etc.(Oct/Nov) Donation Policy Future Acquisition Areas Gateway, Regional MOU Greenacres Trail Grant Manufactured Homes Pedestrian/Bicycle Grant Program PEG Funds (Education) Preservation Projects Prosecution Services Public Safety Contract,Proposed Amendment Revenue Policy, Cost Recovery Snow Plows, Discussion of Solid Waste Analysis Speed Limits (overall system) Stormwater Projects Regional Transportation Issues *time for public or Council comments not included Draft Advance Agenda 10/18/2012 1:29:46 PM Page 3 of 3 MEMO TO: Mike Jackson, City Manager FROM: Rick VanLeuven, Chief of Police DATE: October 15, 2012 RE: Monthly Report September 2012 September 2012: September 2011: CAD incidents: 4,548 CAD incidents: 4,732 Reports taken: 1,895 Reports taken: 1,711 Traffic stops: 844 Traffic stops: 1,260 Traffic reports: 319 Traffic reports: 278 CAD incidents indicate calls for service as well as self-initiated officer contacts. Hot spot maps are attached showing September 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 September 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 traveled to Lake Chelan in early September to attend the WA State FBI National Academy Association chapter meeting. Lt. Scott Szoke, Spokane Valley's Night Shift Lieutenant attended the Retreat Ceremony at Fairchild Air Force Base to commemorate the l lth Anniversary of"Patriot Day." State Farm and community partners launched the largest one-day gathering of new teen drivers when they sponsored the national Celebrate My Drive, which was held at University City in Spokane Valley Page 1 on September 15th. The event brought together community leaders, law enforcement and parents in support of this year's class of new teen drivers. More than 300 communities hosted simultaneous events nationwide. At the event, teens had the opportunity to test their driving skills with impaired vision goggles on a golf cart drag race. The golf cart obstacle course challenged young drivers as they tried to avoid distractions to finish the � course. They also attempted field sobriety tests while wearing the impaired vision goggles. There � � � i was food, music, Spokane Shock cheerleaders, � ``'�;� , "�,�� ' � , ; former Gonzaga basketball players and other ` �- "� '- 1" � � � surprises. University High School was awarded .y; $2,500 for their Every-lS-Minutes teen traffic � safety awareness that highlights the fact that every �, 15 minutes a teen driver dies. Freeman High � _ � ��'°`� -�� School received $500 for their school, as the local � �'� high school to have the most teens register at the '�� event. Anne Krueger from State Farm stated, "Thank you again to everyone. This was a great event that changed the three new drivers that I had in my car. They all commented on how hard it was to drive impaired and text and drive. If we can change one person's life, we have made a difference in the world." , - . � ' .� � � ,� ; � • • -' � ��.- : � �. ��. ,, � � ' , .s � �.. r � � �� f"y� �..� • � �i . �� •'+r,..�,�.� � .. , � �� -" -' ' �� . -:: ,.. . I. - � ��. � =� �'� �` �� '� 5 � ,,.,,�°I� � - rt, F' { �t�1� � # - � �'z �"= � - �-� - �. � �� _� _ . �� . � � - = � � :� � � _ �� y Chief VanLeuven provided opening remarks for the Washington State Fusion Center Analyst Conference held mid-September at the Northern Quest Resort and Casino. There were over 100 analysts attending the conference, representing six different states and Canada. September 19th was set aside as the 2012 National Day of Remembrance for Murder Victims in Spokane County. Chief VanLeuven attended a Candle Light Vigil ceremony to honor the memories of murder victims and recognize the impact of homicide on surviving family members and loved ones. The Centennial Celebration of the Opportunity Township Hall was held mid-month, which Chief VanLeuven attended. Page 2 Chief VanLeuven attended the Spokane County Drug Court Commencement on September 20th at the Spokane County Courthouse. He addressed those graduating expressing the importance of this program on their future. The Spokane Valley Police and Spokane County Sheriff's Office participation in the Fifth Drug Enforcement Agency's National Prescription Drug Take-Back Event was again well attended on September 29th. We were able to support �� .� � , ' � � :, the national effort by doubling our '�"� �� "; " y�j�. � collection sites. We again collected , � i.° ,�_ r 4� _�• � ,�� o � ��;�� prescription medications at the Spokane f�� "�-�,�° � � Valley Police Department at 12710 E � �� '1 - �'' Sprague and added a second location at the 4 . . `� � �p �` r- °,�. � �`, �_ North Spokane County Library located at 44 �� _ _ - � � _ �� `�t� E Hawthorne. Local citizens filled eight � - large boxes with a total weight of 214 _ � ��'� �� ' � . �'' F pounds of inedications. That is 214 pounds -�� ,,. �� _ � �� ` ��^�'" �' � ��'� of drugs that will not enter the Spokane � � � �� Aquifer or be diverted to illegal and sometimes deadly use. Our partnerships � with The Greater Spokane Substance Abuse �•.." � � ,� Council, The Spokane Aquifer Joint Board, The Spokane County Health District, The DEA, The Spokane County Library District, and Devries Business Services were again responsible for making this another extremely worthwhile endeavor. In addition, the shred trucks provided by Devries at both sites were a perfect marriage of services that brought appreciative citizens to the events. The Spokane Valley Home Depot hosted an event at �, �� ■■�.. the end of September to kickoff October's Safety �� ' �R '�* � " Month, which Chief VanLeuven attended. There were �� '�� `-�-��;- � � ��' special events for children such as building a fire truck, � �' � �"� � . , , ,,, '.� �, a bike rodeo, Operation Family ID and safety-themed r�"�� a � ��" �� games throughout the store. He then went by the Drug �'. � � ' ��.w� Take-Back Event at the Valley Precinct (described , ��, �' � �''�� above) before heading out to The Hub Sports Center � � where the were celebratin their Five Year � � "� Y g � � �` �� Anniversary with an open house. Chief VanLeuven participated in the 23rd Annual Va1leyFest Parade on Friday evening in late September, and then attended Va1leyFest festivities at Mirabeau Park on Saturday. There were no noteworthy incidents during the weekend reference law enforcement. Another wonderful weekend for the citizens of Spokane Valley. Chief VanLeuven ended the month by stopping by the Felts Field hanger where the team who makes up the Sheriff's Air-1 Unit had a pilot appreciation barbecue. There are many individuals who provide numerous hours to this program and make it the success that it is. Page 3 COMMUNITY ORIENTED POLICING: VIPS (Volunteers In Policing Services) submitted an article about Spokane Sheriffs Office S.C.O.P.E. organization in the September/October Sheriff magazine. The article was about how S.C.O.P.E. programs partner law enforcement with citizens and businesses to address issues that detract from the safety and quality of life in Spokane County. Nationally Spokane County Sheriffs Office, Spokane Valley PD and S.C.O.P.E. are looked at as models for crime prevention in community safety. S.C.O.P.E. participated in the following events during the month of September: ➢ Prescription Drug Take-Back and Shredding at the Valley Precinct; ➢ CERT (Community Emergency Response Team) meeting; and, ➢ Operation Family ID September 2012 Volunteers Hours per station: Location #Volunteers Admin Hours L.E. Hours Total Hours Central Valley 12 491.5 38.0 529.5 Edgecliff 22 631.0 3.0 634.0 Trentwood 4 184.0 62.0 246.0 University 23 752.0 77.0 829.0 TOTALS 61 2,058.5 180.0 2,238.5 Volunteer Value ($21.62 per hour) $48,396.37 for September 2012 S.C.O.P.E. Incident Response Team (SIRT) volunteers contributed 142 on-scene hours (including travel time) in September, responding to crime scenes, motor vehicle accidents and providing traffic control. Of those hours, 43 hours were for incidents in Spokane Valley. Total September volunteer hours contributed by SIRT, including training, stand-by, response and special events is 667; year-to- date total is 4,954 hours. Special events in Spokane Valley included Community Clean Up in the Ponderosa area as well as Va1leyFest, where a total of 119 hours were provided by SCOPE volunteers. Special event hours for both the County and Spokane Valley totaled 163, which means we spent more hours on special events than we did on emergency call-outs. Regrettably, we lost one long-time active member, Deanna Lewis, due to a tragic fatal accident while she was on vacation. Also during the month, we certified one trainee to active status and added one more trainee to the program. With the exception of one or two upcoming events, our "Special Event season" is pretty much over. Now we await winter! There were 36 reports of juveniles who ran away from their residence in Spokane Valley during the month of September 2012, 3 of which remain unsettled. Sixteen of the runaways were from group homes. Abandoned vehicles tagged by S.C.O.P.E. volunteers for impoundment in Spokane Valley in August totaled 31 and in September 28 with 2 and 6, respectively, vehicles eventually cited and towed. Twenty-Five hulks were processed in August and 16 hulks processed in September. During the month of September, a total of 86 vehicles were processed; the total for 2012 to date is 588. Page 4 S.C.O.P.E. DISABLED PARKING ACTIVITY REPORT Cit of S okane Valle #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 p March 11 194 21 0 p April 9 139 16 0 p May 7 127 13 19 p June 8 110 5 0 p July 10 134 26 0 p August 3 68 5 0 p September 7 67 16 0 p Total 67 1109 134 19 p S okane Count #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 June 7 21 1 0 0 July 8 45 1 0 0 August 0 0 0 0 0 Se tember 7 30 1 0 0 Total 51 367 12 2 0 OPERATIONS: Pair Caused Thousands Of Dollars Of Damage To Valley Home — In early September, at about 8:30 a.m., Spokane Valley Sheriffs Deputies were dispatched to a residence near the 10500 block of East 9th Avenue to a vandalism call. Deputies arrived on scene with the homeowner to find the entire residence completely destroyed. A window had been broken out of the front of the residence, where it is believed access was gained by two juvenile males. Once inside, the males destroyed every appliance inside the residence, tore out sheet rock on nearly every wall, broke holes in the ceiling in both the upstairs and downstairs and flooded the entire home. The suspects turned water on in the kitchen sink and upstairs bathtub, plugged the drains and caused water to flood the residence for several hours. This was the worst case of vandalism every deputy on scene had seen in their entire Page 5 careers. Once Spokane Valley Property Crimes detectives arrived on scene, they were able to literally follow a trail of debris that led from the victim's house to a residence about a block away. The debris included items used during the vandalism that the suspects left on the roadway. It also included items that were taken from a vehicle near the victim's house. After vandalizing the home, the suspects slashed tires on seven vehicles while walking back to the residence they came from. Spokane Valley Property Crimes detectives saw a CD case at the end of the trail of debris next to a rear sliding door of a residence near the victim's home. Detectives contacted the tenant at the residence who told them that a 16 and 17-year-old male acquaintances of hers admitted that they caused the damage to the house and vehicles early in the morning. Spokane Valley deputies and detectives quickly identified the two male suspects and had them in custody within an hour of the investigation. Both suspects admitted to vandalizing the house as well as slashing the tires on all seven vehicles. Damage to the residence is estimated at or near $100,000. Both males were booked into Spokane County Juvenile Detention Facility for the charges of felony Malicious Mischief and Residential Burglary. Thousands Lost In ATM Thefts — In early September, Spokane Valley Sheriff s Deputy B. Hubbell responded to the Spokane County Fairgrounds on a theft call. Deputy Hubbell contacted the owner of Cypress Advantage, a company that supplies ATM machines to the fairgrounds. The owner told Deputy Hubbell that sometime over the Labor Day weekend, one of his machines was broken into in one of the AG buildings. Not only was the $4,100 machine destroyed, but additionally, $16,960 was stolen out of the machine. The scene was processed with the assistance of the Spokane County Forensics Unit. In mid-September, Deputy Hubbell again responded to the same AG building at the fairgrounds for another ATM theft. Deputy Hubbell met with the owner who discovered the second ATM machine had been destroyed and $9,820 had been stolen from the machine. Cypress Advantage has suffered nearly $35,000 in total loss from these thefts. Anyone with information about these incidents is asked to call Crime Check at 509-456-2233. Crime Stoppers of the Inland Northwest is offering a cash reward for information resulting in an arrest in this case. Persons with information should call the Crime Stoppers Tip Line at 1-800-222-TIPS, or should forward the tip via the Internet website www.crimesto�persinlandnorthwest.or�. Tipsters do not have to give their name to collect the cash reward. SCSO Deputy Shooting Investigation Update - In the morning hours in early September, Spokane Valley Sheriff's Deputies responded to the area of 1300 N. Skipworth to take a domestic violence report. The female victim reported she had been stabbed by her boyfriend the night before, a struggle with a knife resulting in a laceration to her arm, The suspect took her cell phone (the only phone) and told her he was going to kill her and then himself. He continued to demand that she get a handgun from the safe. The victim was convinced the suspect would kill her if she attempted to leave. The next morning he stole her Mercedes and left the residence. A short time later, the suspect, driving the black Mercedes, drove past deputies parked in the area of University and Boone. Deputies pursued the suspect for a few blocks until the suspect fled the vehicle on foot. When deputies got to the victim's home, they found several doors open and they couldn't find the victim. Deputies were extremely concerned they had a hostage situation. Other responding deputies confronted the suspect in the backyard of the Skipworth address. At 12:08 pm, Deputies advised "shots fired" and immediately began performing CPR Medics arrived and transported the suspect to a local hospital where he was pronounced dead. Members of the Spokane Investigative Regional Response team responded to complete the investigation, per the regional critical incident protocol. Page 6 Detectives Investigating Spokane Valley Stabbing—In mid-September at 5:00 p.m., Spokane Valley Sheriff s Deputies responded to the Crossland Economy Studio located at 12803 East Sprague to a fight call. Deputies were told by employees at the motel an adult male had possibly been stabbed in one of the rooms and walked off the property westbound on Sprague. Deputies located the victim at a fast food restaurant west of the motel. The victim had a stab wound from the altercation and was transported by ambulance to a local hospital. Initially it was believed the victim may have suffered life-threatening injuries. Detectives responded to the hospital and were advised by medical personnel the victims injuries were not life-threatening. The investigation is on-going. Craigslist Arrest — In mid-September, Spokane Valley Sheriff s Deputy C. Erdman responded to Circle M Landscaping in Spokane Valley on a commercial burglary call. Deputy Erdman contacted the business owner who told him that sometime the prior evening his business was burglarized. The owner told Deputy Erdman the business office was broken into and nearly $5,700 worth of equipment and money was stolen. These items included customers' personal checks, cash, electronics, custom knives and e-cigarettes. Almost one week later, Deputy Erdman was contacted by the business owner who told him he found his e-cigarettes for sale on Craigslist. The business owner had already pre- arranged to meet with the seller that afternoon. Deputy Erdman forwarded this information to Spokane Valley Property Crimes Detectives who met with the 25-year-old male seller. When detectives met with the suspect, they confirmed the e-cigarettes he was selling were the ones stolen from Circle M Landscaping. The male suspect also had three stolen checks and one of the stolen knives with him from the burglary. He was booked into the Spokane County Jail on the felony charges of Trafficking In Stolen Property and Possession of a Payment Instrument. The investigation is on-going and additional charges may be included. Thousands Of Pull tabs Stolen — In mid-September, Crime Check took a burglary report from the owner of a storage unit on Frederick Ave. in Millwood. A member of the West Valley Kiwana's Club called to report several bins of pull tabs they had collected for the Ronald McDonald house were stolen. West Valley Kiwana Club members estimated 1,050 pounds of aluminum pull tabs had been stolen. The West Valley Kiwana's have collected pull tabs for the Ronald McDonald house for over 12 years. To date, they have collected four-million tabs. They had accumulated close to another million tabs, which they were going to donate to the Ronald McDonald house sometime this October. The Spokane County Sheriff s Office Investigative Task Force (ITF) and Investigative Support Unit (ISU) detectives are investigating this burglary. They were able to recover about 700 pounds of the stolen pull tabs. The West Valley Kiwana's Club has requested that if anyone has the remaining tabs, to return them to any Sheriffs Office SCOPE station or COPS station. Anyone with any information about this burglary is asked to call Crime Check at 509-456-2233. Multiple Charges For 24-Year-Old Thief — In mid-September, at 10:28 p.m., Spokane Valley Sheriff s Deputy C. Hilton was patrolling the area of E. Broadway and N. University when he stopped a black Cadillac Seville for traffic violations. Deputy Hilton contacted the 24-year-old male driver and learned his driver's license was suspended. Deputy Hilton arrested the male suspect for Driving While License Suspended (DWLS) and ordered an impound tow for the vehicle. As a result of an inventory of the vehicle prior to impound, Deputy Hilton found and seized a large quantity of crystal methamphetamine and U.S. currency. Deputy Hilton booked the suspect into the Spokane County Jail on the felony charges of Possession of a Controlled Substance, methamphetamine, and DWLS. Deputy Hilton obtained a search warrant for the suspect's vehicle and located an additional large quantity of crystal methamphetamine and cocaine, as well as a loaded .40 caliber pistol. The pistol Page 7 was confirmed stolen from a residence in the City of Spokane. Subsequently, Deputy Hilton developed probable cause to arrest the suspect, a convicted felon, on charges of Possession of a Controlled Substance, methamphetamine and cocaine, With Intent to Deliver, Possession of a Stolen Firearm, and Unlawful Possession of a Firearm ist Degree. Deputy Hilton continued his investigation and determined that the suspect had recently rented a storage locker in Spokane Valley, and also learned that the suspect had already been released from jail for the two original charges of Possession of a Controlled Substance and DWLS. Spokane Valley Detective Shannon McCrillis responded to the storage unit and maintained surveillance on the storage unit while Deputy Hilton applied for a search warrant. A short time later, Detective McCrillis saw the male suspect and an associate arrive at the storage unit in a vehicle and then quickly leave the area. The vehicle was stopped by Spokane Valley Deputies and the male suspect was taken into custody on his new charges. Deputy Hilton obtained the search warrant for the suspect's storage unit and seized evidence of the suspect's crimes that included an additional handgun, ammunition and a laptop computer. The computer was confirmed as stolen during a residential burglary earlier this year in the City of Spokane. The investigation into the suspect's crimes continues. Robber Bites Loss Prevention Officer — On a Monday in late September, Spokane Valley Sheriff s Deputy T. Jones responded to J.C. Penney's in the Spokane Valley Mall on a trouble unknown call. When Deputy Jones arrived on scene Loss Prevention Officers said they had a shoplifter in custody that had assaulted one of their officers. Deputy Jones spoke with the officer who said he observed the male suspect walking around the second floor men's department acting suspicious. The officer watched as the suspect selected several clothing items, and then walked down to the first floor junior section. The officer watched the suspect enter a dressing room with the clothing items, then exit empty-handed. The officer checked the changing room only to find hangers. The officer followed the male suspect into the parking lot, identified himself as a J.C. Penney's Loss Prevention Officer and asked him to come back into the store to discuss the unpaid items he had stolen. The male suspect ran away from the officer only to be subdued a short distance later. While attempting to place handcuffs on the male, he bit the officer on the right forearm, partially through the skin. The male suspect told Deputy Jones he bit the officer because he was "defending" himsel£ The male suspect was transported to the Spokane County Jail where he was booked on the charges of lst Degree Robbery, two misdemeanor warrants and one felony warrant for Dangerous Drugs. During the booking process, Deputy Jones collected seven articles of clothing with price tags still attached totaling $295. The items were returned to J.C. Penney's. Copper Wire Thefts Costly To Utility Companies/Local Businesses - From early July of this summer to the present, the Spokane County Sheriff s Office has taken 44 copper wire theft reports in unincorporated Spokane County as well as Spokane Valley. These thefts have affected a wide variety of contractors, utility companies and cell phone companies. The monetary loss from these thefts has not only cost these companies thousands of dollars, but has also affected customers from loss of services. The most recent thefts occurred sometime the end of September. Avista Utilities had copper wire thefts in the area of 25400 N. Crescent Road, Halliday and Mt. Spokane Road, and Finley and Laurel Road totaling nearly $10,000 in these thefts alone. Avista Utilities stresses that not only are these thefts extremely dangerous, the essential repairs take resources away from serving their customers. These repairs also present a danger to the utility crews replacing the hardware. Anyone that witnesses any suspicious activity near any type of utility or cell phone towers is urged to call Crime Check at 509-456-2233. Page 8 Spokane Valley Deputies Catch Burglar — In late September, at about 11:00 a.m., Spokane Valley Deputies responded to the area of 6800 E. 8th Avenue for a burglary in progress and contacted the victim/homeowner in front of her residence. The victim told deputies that a 50-year-old male had kicked in the back door to her residence and was still in the house. Deputies responded to the rear of the house and saw the male running westbound on 8th away from the residence. Deputies quickly set up containment and searched the area with a Sheriff s Office K-9 unit. Deputies located the male hiding between a fence and a house near the area a short time later. The male told deputies he and the victim were in a relationship, which the victim said was not true whatsoever. The male suspect was booked into the Spokane County Jail on the felony charge of Residential Burglary. KudOS — Sgt. Martin met Christopher Fahnestock at the Valley Precinct in mid-September to make sure Deputy Chan Erdman was recognized for the "very professional" way he conducted himself when he responded to the home of Christopher's elderly neighbor, where Christopher had discovered the neighbor had passed away. He said, "Deputy Erdman made the best of a bad situation." We also received a letter from Joshua Hellhake who participated in a ride-along with Deputy Darin Schaum. He stated he was very impressed with the professionalism and dedication of the Sheriff's Department, and enjoyed all the information Deputy Schaum provided for a possible career in law enforcement. Joshua went on to say he felt pretty good about his choice to pursue law enforcement. Tiffany Anderson nosted on Snokane Vallev Police Denartment's Facebook Wall "Thank you for everything you do! Every day you put your lives on the line by just going to work and often receive more criticism than praise but I think the vast majority of us know that you are held to higher standards than many of us could ever hope to reach, have to make difficult decisions in difficult situations, and above all...are only human. Past, present, and future...I am thankful for all of you who risk everything to keep the rest of us safe! This should be said more often :)Thanks!" �� Page 9 � �� l�e� -`�� _ • ,. �a - !�. f�� . .;� .� ��i�� , __ ��: . ._.�— =:,�� --- � • - � , - - �' �� ' ��{j wi• .>��' � - . '� - - � �� ' rr�� . �� a�r� � �� i�� - . � � - �■�� ► � � - . w� F�� • `'� .� �� - ��°�� ,�►� ;. � �� ,�� . � � � ` :� • - �� ' '�/ �� - • �y� ��i�� ' - �� -� ' �i�� i�'1 %Q 1��'�*�� ,�� . � � ' � � ` . � �' � - �� . • -• - • . �� , . : _ . ., a� _ �� '.�i��i�a � i�� , - - • .��; ,� � �. �� :. � I� ' ` _ ii � � = � ��=�IL��1 ,�-!';=� .,�.�� . _ � �-o�� _ �� '� �� 1�� -.:. 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':r:y U (n U Q U �� ScpOkarie R� - ��Valley� d�ueLi� vvo��t� r��rn��n�� M�PJTMLY REP�� eptember 20�2 AGR��M�NTS FOR SERVICES AD�PT�D AND IN QPERATION • Emergency After Hours Call-out — Senslce • Engineerdng Services Support—Agr�ements with private engin��ring firms + Landscaping Contract—Ace Landscaping o Lrtter and Weed Control —Spokane County Geiger Work Crew • Solid Waste - Regional Solid Waste Interlocal • Str�et Maintenance —201� Signal, Sign & Stri�ing Gounty Inkerlocal e Street 5weeping —A,AA Sweeping • Street and Stormwater Maintenance and Repair contract --Poe Asphalt Paving Inc. � Street Maintenance (Pines & Trent) —WSDQT lnteriocal • Storm Drain Cleaning Contract—AA,A Sweeping WASTEWATER 5tat�s of the pracess can be monitored at; http:llwww.spakaneriuer.net/ htt�:llwww.ecy_.wa_qovl�roar_a_mslwgltmdllspolcaneriverldissol_ved oxyc�enfstatus.hfrnl ht#p:flwww.spokanecoun��qlukilitiesNWaterF2eclamat€onlcontent.aspx?c=2224 and http:llwww.spokaneriverpartners.co�nl aEGIONAL SQLID WAST� SYST�M hla action STRE�T MASTER RLAN Cauncil approved �he Pavement Management Plan Up�afe for 2011 at their March 27, 2012 meeting. An Admin Repork was alsa provided at this meettng on F'av�ment Managerr�ent Funding �Qptions. Council funded $2.8 millian for 2012 Street Preservakion Pro�ects. The Phase 1 proj�ct was bid and award�d for $732,880, the University Road Overlay proj@ct was bid and awarded far $226,481, the Phase 2 project was designed and currently ouk to bid, and the design began on the Sprague Ave (Park to Thierman} Project, CAPiI'Al. PROJECTS (5ee attached Capital Projects Spreadsheet} S`fREET & STC.]RMWATER MAINTENANCE ACTIViTY The following is a summary of Public VUorkslCon�ractor r�aint�nance actiuiti�s in the �ity of Spokane Valley for Septem��r 2012: �greet and �tormwat�r Maintenance Ifierns: s T. LaRi�iei�e repaired three sinkh�les in residential roads, • The Geiger cre+rv conti�ues dryland grass mowi�g and gar�age pickup on arterials, swales and rights of way throu�hout the city. • C}epartment of Corrections and the Geiger crew began cleanu;p on the Appleway right-of- way fram University Road ta the Liberty Lake city limits, 'Informatior�in bold indicates updates 1 • Pines Road from 32"d to 24"' and 16`� Avenue from Evergreer� Road to Sullivan R�ad w�re cracksealed. • /�A Sweep4ng is continuing with arteri�l sweeps. � AAA Sweeping cleaning �tvrmwater s#ructures on arteri�fs and residantial roads. Stormwater Capital Improvement Projects �. Stormwater Decank Facility — A selectian commit#ee comprised of WSpOT and City staff selected KPFF Consul#ing Engineer� to perform a ty�e, size, and Ivcation study by the end of the year for the WSD�T site, Negatiations c�n an agreement with the consultant ha�� started. 2. 14th Avenue, west of Ca�r�a�an — Nothing substantial to report. 3, BeftmanlDickey GulvertlDitch r_e-esta�lEShment— Nothing substarrf�al to repo�t. 4. 2012 Stormwater Small Worl�s prajecks - Repair, replace or improve �roblems on #h� stormwater list. No b9ds came back fram Small Works Roster on first round, City staff put eut a second time and on�y one hid came in and it was well over 10% of the Engir►eer's ��tirrrate. Bid was cancelled. Staff is cualuating next steps to see if if can get built this year at a re�sonable c�st. • Underqround Ir�iection Control fUIC1 A�se��ment Staff continu�s woric an compliance req�airerri�nts for th� City's 7,35a drywells (UICs) and performing rec�uired assessments �y Feb�uary 2013, + Ecvloc�v 209 Z [�raft Municipal �tormwater Gener�l P�rmit f�othing substankial to report. �"RAFFIC • S�arague-Appfeway CaR•ridor Signal Tiining Staff developed new evening timing plan� (6pm -7:30pm} and impl�mented them on the corridor in late S�ptem�er. Still abserving the opera#ions and making adjustments. GRAIVT APPLiGATIONS New Call for Pr�jects • SRTC Ca[I for Proje�ts SRTC issued a Call for Projects on July 2. 7his is for federal SurFace Tr�nsportation Pragram -- Urban (STP{U)) funds, An estimated $25 rnillion will be available for local projects. Staff pre�ared and submitted �r�ant a�plications for those projects appraved by �ouncil. The project applicatiQns were scored by SI�TC staff �nd a su�cvrr�mittee af the TTC and TAC ��iembers. Preliminary resulfs of the #op projects within funding limits include the following Spokane Valley {orojects: Preserva�ion Category Sprague A�e R�surfacinc� (�B Lanes� - Havana to Fancher Sprague Ave Res�ar#acing - Fancher to Thierm�n Spra�ue Ave Resurfacing - Hera[d t� Uni�ersity Argonne Rd Resurf�cinc� -Sprague ta �roadway Sprac�ue Ave Resurfacing - Argonne to Merald Sullivan Ave Resurfacing - �ro�dway tv Missivn Sprague Ave Resurfacing -Vista �o Argonne Sullivan A�e Resurfacing - Sprac�ue t� �roadway 'Inforrnation in k�old indicates updates 2 Roadwav Irriprauemer�t Cateaorv Sullivan Rd Corridar Tr�fFic Study— l-90 to Wellesley A recammend�d �ist af projects to receive grant funding uvill be cfev�loped at the next TTC and TAG meetings in Octok�er and for►rvarded to the SRTC �oard fc�r ac#ian at the No�emi��r SRTC B��rd me�tEng. o TIB Call for P'ro�ects The state Trans�ortation Improvement Board (TI�) iss�ed a 2012 Call for Prajects, Staff prepared arrd submitted a grant appl�catior� for the Sullivan Raad West Bridge RepCac�menk Pro�ect per council approual. • CDBG Cal! #4r Projects Spokans County issued a Call for ProjeGts for CD�G funding. Gammunity Develapment presented a preliminary list of projects #o Council for consideratic�n. 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