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2006, 05-23 Regular Meeting ~ :~~~NDA tiP(lKAnE VALLEI' CtTY COUNCIL. itCGtTiAK M1rF:ET1NG Council Mccting f#92 Tuesda}', htay 23, 2006 6:00 p.m. CITY }LAi.L AT REDVVUQI) PI.AZ-A 11707 Fast Sprague Avcnuc, First Flonr Cauncil Requcsts All Flectronir DevicLs be Turned OR i)urins; Council Meeting CAI.L TO 012DF:R: [NVOCATIUN: Pas!ur Lint3u Crc•we. United ('hurli t-f Chri;t PLFDGE OF AI.LE;GLAKCE: KOLG CALL: APYROVAL OF 4GENUA: IN'1'RODL'CT10N (1F SPEC[AL GUES't'S A.\I) PItFaSEY1:aTtOti ti: CONLNiITTFF. BOARD. LULSON Si1Mi1tARY RFPQR'I'ti: 1rtAYOR'S REPORT: YLTBI.IC COAINiE;YTS: Except whcro indicatted below tnr "pubUr comment" tliis is an opportunity for the public co speak Qn any topic. Wben you comc to the podium, pleace state yow nnnte arid addre3s far ihe neard und limit remarks to thrcr minutes_ 1. PtBLIC EfFARING: 2007-I012 Traaxportatioa lmprovcmcnt Plan ('i'IP) - Stevc Noriey 2. FUBL.IC HF.AItING: 2006 Prupwed Amcndcd Budget - Kett T6ompsoa 3. CUNSEN'f AGFNDA: Consisis of itams canxidcrcd rourino which arc appravcd fu n~;roup .1 ('ouncilmcmber may removc an item fmm 1he Consent rlgcada to bc considcecd separAtely. a. rollowing claim vouchcrs: VU1ICI-IER LlS'I' UATE VUUCf-ER #s TO'TAL VOCfGNER AMOVTiT ' tl>-09-OG 9082-9126 $346,595.24 ! 05-15-46 9134-9184 S-101,731_92 ~ Gltr'1NU TOTAL 6 S548,327.1 G h_ Fayroll for Pay Pcriad Ending May 15, 2006: S146,442.83 c.'.L9inutcs of Muy 8, 2006 Special fixerutive Secsion Nlcetint; d. 'vtinutrs Qf N-tay 9,2006 Regulnr Cauncil hlc:ctii3k e \linutes ofN4ly Ifi, 2006 Coutl.ll Sludy Sc;Siiuit NEW D(_1tiINESS 4. First Rcading. Proposed Ordinance 0,6•0I 1 Arr►ending 2006 Budget - Ken 'I hompsion (pablic rommentl 5. Pmposcd Rcsotutian 06-413 Sctting Logo Standards-C,aiy Driske[I [pnbGc commenll 6. Mation Considerntion: Mayornl APpointment ta Spoknnc County Air Pollutioll Contml Authurity (Sl::1PC;1) Llosrd - hlayor Wilhttc (Pabtic commcntj ('our:oi -kgenQa 05-1.3-06 Ke~ul~ ~':ctin~: i'A,c t f_f 2 PUI3LIC GOMA1ENTS E;sccpt whcrc indicated above for "poblic commeat" tliis is uri uP4x7rtunity for the public to speak oii any topic. Nhen yau caant td thc poclium. please stnte your camc nnd address f(ir thc rccor.l and limii rcmar{:r to thrre minutc-.;. AI)MtN1STRATiVF. REi'OK'1'ti: INFORINUTION ONLY: (Tlus~ rlcm.s ti►r11 ~tul 6e u•.~~ :1 rr nI~;rtr.l :r:,,,~r j 7. Spok.9ne Cuunty Library District April 2t)(1f, ReT,,,rt 8. Department Monthly Rrrnrts Tirnr W;imcr Fran:.hise Rcrort AnJt ?[TRtiATFtiT F'UTL'Rl: SCIIEDL'LE Regulur Council.4ferJings are general!y held ?nrl unr/ 4i`" Tuesdays, hrginning u! 6: UU p.ne. Carrncl! Shrfi-Se.ssinns arr Renerally /irld l a. 3'd ond Sth Tuecdays, btglnnlng at 6:00 p.ne Othei Tcrilativr Upronwrr MrttinrsIEveatr: Wrdnr.Kiuy,lunc 14, 2006. 6:00 p.m.: Convrrsation with the Cammunity, Gr+cenacres Chtisti:tn i: hurch 18018 F. hlissic,n Avcniic NiJTIU: individuuls vlcuining w uttcnd thc tnccting wfio rcyuire spcciul =isLUicc tn ucYOmmodatc phtialul, hcating, et oUisr 1 tmpuirnxnls, ptcust ccintdct tht Ciry ('krk at (509) 421-I000 ns soon a3 po~g'tble so th+ut erruigcmcnts may tx modc ~ CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: May 23, 2006 City Manager Sign-off: Item: Check all that appfy: ❑ consent ❑ old business ❑ new business [D public hearing ❑ information ❑ admin. report ❑ pending legislation AGENDA ITEM TITLE: 2007 - 2012 Transportation Improvement Plan (TIP) Update and 2007 Annual Construction Program GOVERNING LEGISLATION: RCW 35.77.010, Perpetual advanced six-year plans for coordinated transportation program expenditures. PREVIOUS COUNCIL ACTION TAKEN: Adopted 2006-2011 Six Year TIP last year on June 8, 2005, Resolution #05-009. Adopted Amended 2006 TIP on April 25, 2006, Resolution #06- 007. Presentation of draft 2007-2012 Six Year TIP at Council's May 2, 2006 Study Session. . BACKGROUND: The City is required by RCW 35.77.010 to prepare and after public hearing adopt a revised and eutended comprehensive transportation program for the ensuing six calendar years. This plan must be submitted to the Washington State Secretary of Transportation before July 15' of each year. The proposed 2007 - 2012 Six Year TIP represents an update to the 2006-2011 adopted Six Year TI P prepared last year. Proposed changes from last year's TIP include: • The following rescheduled Projects: • o Broadway Avenue Inlay, (I-90 to Park Road) o Montgomery Inlay, (Argonne Road to University Road) o Park Rd/Bridging the Valley, BNSF Grade Separation o Park Road Project #2, (Broadway Avenue to Indiana Avenue) o University Inlay #1, (Dishman-Mica Road to 16thAvenue) o University Inlay #2, (16th Avenue to 4~'Avenue) o Paric Road #3, (Sprague Avenue to Broadway Avenue) 0 8`" Avenue Reconstruction, (Havana Road to Park Road) o Barker Road, (Appleway Avenue to Broadway Avenue) . o Barker Road, (8'" Avenue to Appleway Avenue) o Flora Road, (Sprague Avenue to Mission Avenue) o Barker Road, (Spokane River to Trent Avenue/SR290) o Bowdish Road, (8`" Avenue to 32"d Avenue) - o Evergreen Road, (16`h Avenue to 32nd Avenue) o Valley Corridor Project #3, (Evergreen Road to Tschirley Road) o Barker Road, (32`d Avenue to 8t' Avenue) City Partnering with Spokane County • The Following Modified Projects: o Park Road #3, (Sprague Avenue to Broadway Avenue), Separated into PE Only . ~ and CN phases o Barlcer Road, (Sprague Avenue to Laberry Avenue , Combined with Barker, (81' Avenue to Sprague Avenue) Project o Barker Road, (81" Avenue to Sprague Avenue), Combined with Barker (Sprague Avenue to Laberry Avenue) Project . o Valley Corridor Project #3, (Evergreen Road to Tschirley Road), Separated into PE Only and CN phases • The Following Added Projects: o Broadway Avenue Safety Study, (I-90 to Sullivan Road) o Signal Controller Upgrades, (Various Locations) _ o Sullivan Road Concrete Reconstruction, (Mission Avenue to I-90) 0 44'h Avenue Pathway, (Woodruff Road to Sands Road) o Argonne Knox Intersection Improvements o Pines Corridor ITS (Trent/SR290 to 16"') . o Argonne Road Northbound Right Turn Lane (@ Montgomery) o Sprague/Conklin Intersection Traffic Signal o Mission Avenue Reconstruction, (Flora Road to Barker Road) o Broadway Ave, (Afloore Road to Flora Road) o Broadway Ave Extension, (Flora Road to Barker Road) o Saltese/Sullivan Intersection Improvements o Carnahan Road Truck Lane, (8t' Avenue to City Limits) o SR27 Pedestrian Crossing (@ 24°h) o SR27/Pines/16' Intersection Improvements OPTIONS: Public Hearing RECOMMENDED ACTION OR MOTION: Public Hearing BUDGET/FINANCIAL IMPACTS: The proposed 2007-2012 TIP projects will be budgeted within the Street Capital Projects Fund, which has the revenue resources to accommodate the proposed TIP projects through 2010. At the current level of projected revenues not all projects in years 2011 and 2012 can be funded at this time. Staff will continue to re-evaluate the projects in these later years as we continue to prepare future TIPs. It is important, however, to have these projects in the TIP even if funding is not currently projected because most funding sources require projects to be in our plan. STAFF CONTACT: Neil Kersten, Public Worlcs Director; Steve Worley, Senior Engineer - Capital Projects ATTACHMENTS: 1) Summary description of proposed projects; 2) List of Draft 2007-2012 Six Year TIP projecis; 3) Draft 2007-2012 Six Year TIP, 2007 Annual Construction Program; 4) Map of Draft 2007-2012 Six Year TIP C1TY OF: . pok . ~ Va11ey 11707 E Sprague Ave Suite 106 ♦ Spokane Yalley WA 99206 509.921.1000 ♦ Fax: 509.921.10U8 ♦ cityhall@spokanevalley.org . . . : . .v; . ~1 , •r , . s•,, , . I... . N;. is/,,., - ,,._r-- _ City of Spokane Valley 2007-2012 Sig-year Transportation Ymprovement Program Project Descriptions 1. Appleway Blvd. Reconstruet Appleway F31vd. to five lanes with curbs and sidewalks from . Tschirley Road to H4dges Road. Cost $3,200,000. City share $433,000. 2. Barker Road Bridge This project will reconstruct the Barker Road Bridge over the Spokane River. VVidening of this bridge is needed due to increased traf~ic volumes, Federal Bridge Replacement Grant funds covering 100% of the project cost was received in 2004. Total i'rnject Cost: $8,100,000. City share: $0. - 3. Pines/Mt►nsfield Projcct • This is a joint project behween the City, the `Vashington 17ept. of Transportation, the Transportation Improvemeat Board, thc Federal Highway Administratioii, and private devclopers. It will move the signal at westbound on- and off-ramps to the Mansfield Intersection reclucing congestaon on Puies Road. The project will reconstruct the westbound on-ramp aligning it with Indiana to the east. This will close the access to Montgomery Road, which Nvill end in a cul-de-sac. The «estbound off-ramp will be connected to Indiana Avenue. Construction is scheduled for 2007. Cost $4,530,000. City share $55,000. 4. Sullivan Road Nurth Extension (l3igelow Gulch) Extend Sullivan Road north of Wellesley Avenue to thc City limit with a 5- lwie arterial. 'l°his projcct is as a part of the Spokane Couiity's Bigelow Gulch Road project and will be construeted by Sgokane County. Total City shaze: $60,000. 5. Valicy Corridor - Project 2 Extend Appleway Blvd. east f.rom University Road to Everg.reen Rvad. This will likely be a 3-lane urban arterial with sidewalks and bike lanes. This project is partially funded with $4.2 nullion in fc;deral STT'(U) grant funds secured from SRTC. WSDOT has will fi.ind half the cost of the Pines . Road/Appleway Blvd. concrete intersection and signals. Additinnal funds will . be sought to cover the remaining project budget. FE schedulcd to begin in 2006 with R/W and construction in 2007, 2008 and 2009. Total project cost: $14,092,000. City share: $589,000. ` - ~ 6. Broadway Avenue Inlay . Grind the existing pavement and overlay with asphalt concrete f.rom I-90 EB on-ramp to Park Road. Cost: $305,000 City Cost: $ 41,000. 7. Montgomery Road Inlay 2 . Grind the existing pavement and overlay with asphalt concrete from Argonne Road to University Road. Cost $497,000. City Share: $0. 8. Broadway Avenue Stifety Study This project is to develop a traffic plan that studies alternatives to reducing accidents along the Broadway Corridor. Cdst: $50,000. City share: $50,000. 9. , Park Road Grade Separation - Bridging the Vullcy This project is part of the Bridging the Valley program and will construct a bridge to allnw vehicle tratTic over the BNSF tracks at Trent Avenue. A Freight Mobility Strategic Investment Board (FMSIl3) granl for $5 tnillion was received for this project. We anticipate additional funding support from thE BNSF, TIB, Fcderal grants, and possibly WSDO T. Cost: $16.5 million. City share: $695,000 ; 10. Park Road - Project 2 - This project would reconstruct Park Road from Broadway Avenue to Tndiana Avenue. This will be a five-lane arterial with curbs and sidewalks linking IIroadway Avenue to the new overpass at the BNSF tracks and Trcnt Avenue. Cost: $ 3,658,000 City cost: $731,000. _ 11. PArk Road - Project 3(PE funds nnly) ' This project proposes to reconstruct Park Road from Sprague Avenuc to groadway Avcnue to a tliree-lane standard street. This includes replacing the - railroad bridge just north of Sprague Avenue. Cost: $594,000 Citycost: $50,000. 12. Signflt Cnntroller Upgrades . This project will replace all outdated signal controllers with modern controllers tliroughout the city to be compatible with thc Spoka.ne Regional Transportation Managcment System. Cost: $400,000. City share: $54,000. . 13. Sullivan Road PCC . This praject will replace the rutted asphalt pavement Arith Portland Ccment Concrete pavement betwecn iVlission Elvenue and the westbound I-90 on/off ramps. This will be combined with WSDOT's project to concrete Sullivan Road over I-90 between the eastbound and westbound ramps. Cost: $450,000. City share: $450,000. . ~ J 14. Sullivan Road West Bridge Reconstruct the west bridge over the Spokane Rivcr. This bridge would widen to accommodate traffic turning west onto Indiana Avenue. Cost $$,000,000. City share $0. 15. University Road Inlay 1 Grind the existin pavement and overlay Nvith asphalt concrete f.rom Dishman- ~~Iica Road to 15` Avenue. Cost: $809,000 City Cost: $ 109,000. 16. University Road T_nlsy 2 Grind the existing pa~~ement and overlay Nvith asphalt concrete from 15`~ Avenue to 4'ti' Avenue. Cost: $422,000 City Cost: $ 57,000. . . 17. 44th Avenue Pathway Construct a 10 foot wide multi-use pathway on the north side of 40 Avenue in the Ponderosa area bctween Sands Road and Woodruff IZoad. Cost: ' $209,000. City share: $2$,000. 18. 8t° Avenue Reconstruction . This project will widen 8th Avenue from Havana to Park Road to an urban 3- lane seetion with curb, gutter, sidewalks and bike lanes. Total project cost: $5,837,000. City share: $787,000. 19. Argonne/Knox Intersection Improveiveuts Upgade intersectinn with new signal poles and enlarge curb radii to accouumodate turning truck traffic. Cost: $436,000. City share: $58,000. 20. Barker T2oad - Appleway Avcnuc to Broadway Avenue Reconstruct Barkcr 1Zoad to a five-lane section with center turn lane from Appleway Avenue to Broadway Avcnue. Cost: $2,213,000. Cify share: ' $442,000. 21. ArgonnelMontgomery NBit (northbound right) Turn Lfine Construct a right turn lane for norkhbound traffic at thc Argonne/Montgoniery . intersection. Cost: $205,000. City share: $27,000. 22. Pines Corridor ITS (InteUigent Transportation System) Install concluit and f ber optic cabling to connect a11 traffic signals bemeen 16`h Avenue and Trent Avenue to the Spokane Rcgional Transportation Management Center (SRTMC). This will unprove signal coordination and timing and allow changes during peak hours anti/or emergency events. Cost: $133,000. City share: $18,000. ' . 23. 32°d Avenue - SR 27 to Rest Rosd ~ , Reconstruct 32"d Avenue from SR 27 to Best Road (City limits). This road `-'would be a three-lanc arterial with curbs and sidewallcs counccting to a County project at Bcst Road that will continue the improvement to Sullivan Road. Cost: $1,812,000 City cost: $245,000. 24. Barker Road - 8th to Appleway Reconstruct the roadway to a tiuee-lane urban arterial from 8tn Avenue to Appleway Blvd. Cost: $2,878,000 Ccast: $576,000. 25. Flora lZoad T'his project will construct Flora Road to a three-lane arterial section from Sprague Avenue to Mission Avenuc. Cost: $2,820,000. City sharc: $564,000. 26. Park Road - Project 3(CNI) This project proposes to reconstruct Park Road from Sprague Avenue to Broadway Avenue to a ttuee-lane standard street. '1"his uiclucies replacing the railroad bridge just north of Sprague Avcnue. Cost: $5,845,000 City cost: $497,000. 27. Sprague/Conklin Signal Construct iraffic signal system at the intersection of Sprague Avenue and Conklin Road. Cost: $300,000. City share: $180,000. 28. Euclid Avenuc/rlora Road ' This project is proposed to reconstruct and provide a 3-lane, shouldercd artcrial on Euclid Avenue fram Flora Road Yo IIarker Road and on Plora Road - from Euclid Road dn thc west to Euclid Road'on the east. Cost: $3,861,000 City cost: $521,000. . 29. Mission Avenue Reconstruction Reconstruct Mission Avenue to a 3-lane urban arterial from Flora Raad to Barker Road. Cost: $3,162,000. City share: $633,000. 30. Sullivan Ftnacl Reconstruction Reconstruct to seven lanes from Euclid Avenue to Wellesley Avenue. This will be in coordinarion 1-vith the widerung of bridges at the BNSF and SR 290 (Trent) as part oFthe Bridging the Valley Project. Cost: $4,079,000 City cost: $816,000. 31. Valley Corridor - Froject 3(PE funds only) Extend Appleway I31vd east from Evergreen Road to Tschizley Rnad. °1 his will be thc same width and number of lanes as the proposed extension of Appleway Blvd. betNveen University and Evergreen. This project vvill complete the Valley Corridor Project. Project cost: $667,000. City share: $90,000., 32. Barker Road - Spokane River to Trent Reconstruct Barker Road from the Spokane River I3ridge to Trent Avenue. The section will be tliree lanes wide with a center turn lane, curbs and sidewalk. This will be coordinated with the Barker Road Qverpass which is part of the Bridging the Valley Project. Cost: $3,920,000. City share: ' $529,000. 33. Bowd;sh Ftoad , Construct a three-lane urban arterial with clirbs and sidewalks from 32"a Avenue to 8"' tlvEnue. Cost approximately $4,431,000. City share $887,000. 34. Broadway Avenue -Flora to Barker Construct a 3-lane urban arterial from Flora Road to Barker Road with curbs, gutters, and sidwalks. Cost: $2,870,000. Cily sharc: $574,000. 35. 13roadway Avenue - vloore ta Flora Reconstruet and vNRden Broadway Avenue to a 3-lane section, 180 fcet E. of Moore Road to Flora Road. Cost: $2,198,000. City shxre: $440,000. 36. Evergreen itoad Reconstruct Evergreen Road from 32°d Avenue to 16`h Avenue to a three-lane urban section. Cost $3,065,000. City share $613,000. 38. SaltcselSullivan Signal Install traffic signal at the interscction of Saltese Road and Sullivan Road. This will be in coordination with Spokane County. Cost: $305,000. City _ share: $77,000. 39. Valley Corridor - Praject 3(CN) . Extend Appleway Blvd east from Evergrcen Road to Tschirlcy Road. T'his will be the same width and nuinber of lancs as the proposed cxtension of Appleway Blvd. between University and Evergreen (Project 2). This project will complete the Valley Corridor Project. Project cost: $10,174,000. City share: $$74,000. 40. Carnahan Truck Lane Construct a southbound truck lane on Carnahan Road from 80' AvenuE to City limits. Cost: $2,254,000. City sliare: $305,000. 41. SR 27 Pedestrian Crossing Construct a pedestrian bridge across SR27 at 24`" Avenue. Cost: $2,250,000. City sharc: $450,000. 42. $12 27/Pine_s/16th intersectioa Improve intersection for northbound and southbound traffic on Pines Road. 1 Cost: $2,701,000. City shazc: $540,000. 43. Street Prescrvation Projects Annual street preservation projects on variotLS streets tluoughout the city. Cost: $7,599,000. City share: $7,599,000. 44. Barker Road Reconstruction ' "I'his projECt is in partnership with Spokane County. Spokane County proposcs to reconstruct Barker Road from 8`h Avenue to 32"d Avenue. The city's portion of this project will be to participate in the construction of a 3- lane urban arterial froni 8~' tlvenue to the city limits. Cost $40,000. Ciry share $40,000. City of 5pokane Yalltv E]Cpsi Ptnen l 4'f Fuh1%e 1e'4'url:~ :~Lz-YcarTt`anspc~rtatiou Impro+'~ement FrM~-am ~ 31fi7 - 2012 iiriourrM In tew&rrft] ~D~47 ~fn1p 0 1111"4esi PIFmWY Sxv« Ci!?'AmCNni l4r.an,ot t n:„;~rxk evc Tw:h" Roihd Wa+lpas FtaaO STPM 103 .2 0r4in,tA=*.* Rrarw I~ ~pokim "P t&503. BR 3 r=~t~cl~oaF~4:'V41b4t RBOd FAVnG'1 FC@@Cf G7'14§.Q 29 1 m8 Pirrex d, tlr~ilana Vy~u,~tI bc~~i On aerr~ ~ a:1~1116. 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A Spokane RHx 9451 S-S BR 3,026 , u - HaviN SUEet Pitk RoW STP(U1 360 25159 ' 7 g I(f10i CMAQ 52 3M 'n . - _ APDMwaY Braadwsy AYentIB WP 404 tm1 l.~ruMorr,XfrN, NOi T;n't a-v a 4bniQo-y CAMO 22 M1 : e Vxpy Arvnm SFZ 27 SEZt RDiO STP(U) 38 711 : a . Eth Appiew" Ave. l1CP BE 330 :L!P Spregue Av MisalOn Av UCP ap 4C% 3•- 5praque Avenus 8+osdrrAY Avurwe STF'(U) 34 aci Cartidin Crty 180 xo ni ;,,rti r arorra Ciry tsoo 1 1.1: 3.101 13, s iy I010 lu-ln / ('rojae 6nm to Pnmnty Saooe City AmmM Amaunt p 1 . . . tncfiana Avznue h(antpamery Ave STP 287 14 SulNran fioasf woet Heaa;e C Spokane Rwat 04511 S 8R -ia , liawra 5lraet Fark Raa9 STP(U) 303 11,45 z~ ...~_,qpplerray Broadwayavanus UAP 154 rr, :3 32,d A..rns SR 77 Best RoaC STPM 40 3`- 1 ~ eth AaPbuuap Ave l1CP a0 . ~ . Sprogue Av Misaian Av UCP 257 ~-6e ~ , Spraque Avanuo Broadway Nvemia STP(U) 236 :,j E,-Go Av.r F1aa tta Flora RaW Barker RoaC 87PM 45 335 EucliQ Road Eudrd Road Musdn aw Rs=rsvr.ten f brs Bartcar UAP 87 2eo SuMvR+ Ra.a N.mn.aucbv+ Eucla Avenue VVSmeWGy Avcrwe UCP 56 - . . . • - . EveBreen APP4ewaY ST%M 90 osr Eveip,ecn APPi-3Y 1540 t •a0 3 ~E3 tR 55t hrn+ I'r i-.1 -:c~~ t, i~nx.~ `•<•.~r:• i~~ :..Cr.tct 4rwm1 32r,o ANrxr SR 7i Beft Raao SiP(U) 150 1 m Appbrray Ave UCP 428 2,139 Sproqua Av Miss+un Av UCP 227 1,134 Sprspue Avenue BrDadway Avonue STF'N1 227 2,D►: :1 Euid Av.l Fm Rd Flors Ru+W BRrtzt RaaO ST?Nl 88 501 Euclfd Road Euchd Foad Nncan A.a R*=vrx=n Fbrd &'uw9t UAR 2$8 ~ 439 :y 13 suilvm Rnsd itxonueuctlan EuCh4 Avenue Wailesley Avanua UCP 218 1•090 32 Spokane River TreM Avenue STF'(Ul 39 254 i3 32nd Avenue B!h Avenue STPN? 85 425 sa 9raaaw,r Aw • F'w tn ea" Flors earicer UAP 52 m 55 Eiroslwry Awe Moors G fon 190 fl E of MOOrH Flora UAP 50 2w ?a t 7•-~ - j. J7~d Avenue I 8rh Avonua ItAP 53 ~7 33 8m&WSu1Mwn Sg+MI (D StlNvan Rd 01Apr 77 3m :13 Evmpreen Rasd Appleway RoaO UCP 350 750 al 4frsse Prenr..eun ar.)i?Ii Ciry 1200 1= h 3,5-5 1?,Bh6 ~ I1Ii)}CLL1 D[Md GRICC[LLIIIG) IdCl1UCICd [fl IfIC J IP 77C ID bC l'oTLitddCII CSG[IS31C5 iJf1IY thDt IIla7 l'I7.1flgG JUC IU A ~driCly of cucunatnn"s, nnd Ae not imcnrkd by the Crty Io he miicA upx'n hy pmt+crt} cnmers ot devel,)pcrs in mal.ing dcvriopfttent daisiMrs 2 25 A, ~il-v6 City of Spokanc Vallcy Dcpartment n[ Public Wori.r Six-Yc•rr Transportatloo Improvemcnt Pragram DRAFi . 200T - 2012 i aagos In Itossrlel [tm N pfpptx - 6am - - - ta - I,ntunrv Scmrcc Clty Amnmt -Am4rmt :!t Eudo Aw fbrs iid Fbra RoaG BarRer Ror! S7P(U) 40E 3~~ Eudid Roao Eudd Raad 1:118 n Mssun A+t Rwuwr.cam FI" BoAIef l1AP 258 3a SuIIMn iLya Reaonsawbw EuC6d Awwa VYaksle►i AvenLn UCP S4d SpoksneRlver TrentAvete,e STP(l1) 35 33 32nd Avanus &h AvaruN Stp(U) 94 34 BrsswvA.*-itn e 8rrar Fbro Bartcer l}XP 5D 250 35 6rtr*rr Aw Yoo~w t+ i7ora 190 R E at Moots Flora LIAP 48 :40 3; s•~ 32t+d Avanus 19IhAvenue WP 80 +oo 3.) n; '.-7 r-•. Evaryrson Road 1lpplewwy RoaO l1CP 437 5 19r 40 i.wmran Tnsa ur» etn Cty limrts STP{ln 27 =3n 11 SR 27 ?adarrn Crowp Q 24th AYA OIhBf 38 42 3RT: PrASMM b~s~an ~ 184n 6 SR27 UAP 60 ~ 43 S4-w F-aw~mru) Praa:^s CMy 1200 1.7JJ 32M 15 581 . , i'r:+jcccs amd turxframcx idrncifcJ m thc I! k' are to 1,c:nnzidr,-.,1 exlimetcs only Ihaf nta}' changc duc ar 11 1ancty t,f iuc n121 i-ilcnded by tbt lity 10 bC Rliod upnn hy , rciptrt} mcrkr. ot deN dopers in mblirt2 de%•dcjmsent deciewn+ F. :-JProjects Mda-d P~~,Lz._±_. 3 26 Apr-Do , . x~ .i.~ . x•- : } ~ ~ . f. ~ ~ . , r~.~- 4 ' • ka~~ ~/alley City °f Sp° . blic''►N°rk~ . rnent °f Pu Dram Depa~ raft 1mprovement Pr°g • n ranspo,~tatro . P ro,~ram . Six Year T structro a12 nn,~al Con . 20 n p? - 2 2007 A► - GLOSSARY AND ABBREVIATIONS Functiona► ClassiPcatEon: Rura1: Funding Sourcos: 7 Major Collector 8 Minor Coltector Fcdcral assistanca: These furtds are autharized under the ' 9 ACOess Safe, Acoarntable, Flexible, Efficient TransportatBon Equity ~rban: Act: A Legacy for Users (SAFETEA-LU) and are adm(n3sdered 14 Prfrtcfpal by the Federal HigMvay Administration through the 16 Minor Washfngton State Department ot 7ranspaRation arsd the 17 Collector Spakane Regional TransporSatlon Council (SRTC). 19 Local Access BR - Bridge Replacement projects CpQAQ CongesUon PAanagemQnUAir Quality , bther Fed - OUter federal funds. , S,- Surtace TransportaUon Program. Individual funds are designated by Uio I€ikers in parenthesis thai fal6ow the (nitials - °STP': STP(U) Urban improvements STP(R) Rural fmprovements STP(C) Campetitive fundlrvg STP(E) Enhancement'rmprovement STP(S) Safety impaovemwts . State assistance: UCP. UAP, and SP are admfni&tered by the Transportation Improvemerrt Board. . . UCP - Urban Cortidar Program . (Formerly Transportation Partnership Program (TPP)) UAP - Urban Arterial Program , (Fonnerty Artarial Improvement Program (AIP) SR - Sidewslk Program (Famer4y Pedestrian Safety ModiUty Program (PSMP) . CERB - Cammunity Eoonomic Revitallzation Board . 4ther State- Other state funds Local Assfsfance: CDBG - Community Developnent BJodc Grant . ~ ~ Draft 2007- 2012 He~nO a'ta ~'an°°'e ~v oaoo S~?Orie Six-YearTransportation improvement Program ,;,o*VaUey Doftm I,ttiflusand8 Funding ProjcctJ Road Namesf DescriptioN Current Status Length PE RW CN Total gaurces 2007 2006 2068 2010 2011 2012 Tofal 0 0 777 777 CdY 105 105 1 Apptevray Blvd Appieway BhKf. 73chiriey Road Hodges Road 1.28 SMU) 872 672 RcmnsUud to a five-tane urban arterial Desigriing & will purrhase reght-akway PmfodYotal 777 m 2 Barker Road 9tidge 0 0 7,350 7,350 BR . 3,875 3,675 7.350 Barkcr Road @ SQnkarte River #sS4:i 0.10 Replace bridge aver 1he Spokane River. . Designing & wiil purdhsse right-oi-way PmjectYaaal 3,675 3,875 7,350 3 PineslA'lartsficld 0•. 0 1,a18 1,015 (MY 29 29 PAansfleld llvo 1h71bur Road I'ines Road 0.39 CMAQ 341 341 • Pines Rd P1nes & Indiana West bound on ramp t olhcr 434 434 This projed will 2contiguro the VtIB rsmps of I-90 at SR27. It witl al:yo ot+er slab 14 ' 14 wtden an9 roconstruct Phanslbeltl Am irom W[bur Rd. lo SR27 to a 34ona UCP 200 200 ro,3dway wifh aub, gutter and Sidewalk ~ w • ' Praject Total 1,018 1,018 Designin~ Projecq and timefrsrnes identified In tha 17P are tn ba conahloivd esUmaGeo omly 1hnS may chenge due to o varbety a7 cirwmstancea, and ar0 not inhsnded by the Cily tn bo mlbd upan by propcrty owneis or devetepero In making davelopmaM decbfons. 4M612006 A f DI dit 2007- 2012 ►+aaimg o$m: e,na2oo6 aaopr;on oaro: s ol&e Fi~vllssc:s• Datc R~olu6on ko.: ~1~ Six-Year Transportation Improvement Program Doosrs In thnusands' Funding Project! Road NamesJ DescriptioN Curront 3tatus Lcngth PE RW CN Total Sources 2007 2006 soos 2010 2011 2012 Total 4 Sulfivan Rosd North Extemsion (BBgefow GuEcN 0 1 54 55 Cib 1 54 65 Sulllvan Rd Wellesley City Limils 0.25 Rc=struct and widen tfie SuIlYan Road extens(on north atso knavm es BigeEow Guldi Raad to a 44arna roacAvay with &foot slwukfers and e 12- foot tvm way Eeft ttun laree. Seeking fimdng Project Tow 1 54 5 Valley Camdor - Projed 2 702 3,318 9,886 13,816 CERB 1,790 1,860 3,650 2nd Averwe UnNrerstty Rd Evergrcen Rd 202 CriY 469 37 1 507 SpragueAve UnArersity Rd Evergreen Rd 202 Ottxr 1,610 403 2,613 ExterW Appleway @tvd. N9ih n mutU-lane taaliry InGudinp aub . and . 00tu red 1,000 1.000 sidewatka F2eguAaoe Sprague Avenue and restripe. OChcr Swb 6 276 184 468 STPM 1,289 2,(ri6 1,233 4,578 UCP 1,020 880 1,700 ............Y.......r..._.._ Doing emrironmental s?udy ' Pro)¢c27da1 3,358 8.602 3,858 13,818 8 B(oadway Avenue Inlay 31 0 274 305 CItY 41 41 Broa" Avenue I-90 EB ramp Park Raad 0.34 SMp) 264 264 Cyrind and infay with 2lnches of asphalt conaete pavemerrt Uesigning Pro}edTotal 305 305 Prajeels an9 tinveframea 6dentiflod tn tho T1P ore to be coasiderod ostirnates on9y that may chango duc to a varicty of drwrratynxa, anC oro nort inOended by the City Uo bo relicd upon by pmpeRy ownem or devolapers in rnaking dovoloprrant dcci,tors. 4/2fJ:~~ • - A2 ~ . i 1 Draft 2007- 2012 Hearinfl Dace: 6r13d2006 ndcpt+on once: arv Em. Assass. Ogte Rssoluthn Ko : SparaIIlv~ Six-YearTransportation Improvement Program ~ p~' Oo!lam In tlwmsnrda Funding ProjecU Road Names! DescriptioN Current Status Length PE RW CN Total Sources 2007 2008 2009 2010 2011 2012 Totat 50 0 447 497 CDSG 497 497 7 Montqomtwy Avenue Inlay 2 PAontgarRery Av Arganne Road Universi3y Road 1.05 Grind and repeve vil1h 2" of 4sphalt eoncreQe pavemee►t 497 Work plsnrted to begin fn 2007 ' Proycd Taaf 497 8 eroadvray Avsnue Sstaiy Study 5D 0 0 50 citY 50 50 Braadway Av 190 Sulfivan 5.37 Trafiic plan to study aliernaEives to reduco aaadents abrsg 8roadwAy ' Corridar ----------'SO 1M1'orlc plaruic0 to begin In 2007 Prqcd Total 50 9 Park Ro¢id - Bridging the Vaiey/ BNSF Grade Sep 9d2 2,001 13.822 16,525 CRY 32 91 287 287 697 Park Road Indiana Avenuo fAAntcyomery Ave. 0.20 Otner 37 104 330 330 801 Ofhcr Statu 227 850 2.061 2,061 4.899 ReconsVud Park Raad to scparate the gradez o! PaAc Road and tho SNSF STP 365 1,045 3,308 3,308 8.026 • ra(troad Uacks. UCP 91 281 $25 825 2.002 DesignIng PrqedTaeni y-752 2,151 8.811 -8,811 • 16,525 Projud9 end tlmefnrtx:n iLfsntNied In lhe T1P aaa to be conslderea CslhnarLcs on1y that rnmY chanpo diee to a varicty of circumstanees, • and ere not tntended by 1he City to be relicd upon by property o'++nen: or davelapers In makinp developrnwt decisfona 412612006 . A3 . i n Draft 2007- 2012 HeaAng Omta eiianoos aao~on aa~: Sb v,ne Six-Year Transportation Improvement Program Env. As=s. Mta RasoliMon No.: VWey Dol4tr In Nouaarxts Funding Projectl Road Namosl Doscription! Gurrent Siatus Length PE RW CN Total Sources 2007 2008 2088 2010 2011 2012 Totel 10 Park Road - Projed 2 287 1,000 2,391 3,658 Cfty 113 140 478 731 Park Rd Broadway Av tndtana Av 0.75 LIAP 454 580 1,913 2,927 Pr4 tl2 - Recoaistrmt and widen to tive lanea Wcsrk planned to begin In 2047 Pr*d Totd 587 700 2,381 3,858 11 Rark Rd 03 PE Qnly 594 0 0 594 Gtty 25 25 50 Other 15 15 30 STIRM 257 257 514 ReeonsUud and widen to a standard 3-lane arterial wilA wrbs and sidewalks Ww1c planncd to begin fn 2007 PrqcdTC.~I 287 297 384 12 &ignal CarttraFler Upgrades 32 0 368 400 cih 54 , 54 CUAQ 346 ' gqg CanVolter Improvements to varlous IntersecUons Wovk planned to begin In 2007 Projxt TWaI 400 400 ProjCCLs end fmdrsmea idcnaifx:d In fho TIP ate Go be oon9ldeled es8ma?es onry Ihat may change due to a variety of ckcwnstancas, and aro noi ht2ondcd Dy Eho C3y to 6o relied upon by property oNners or deveoopars In maldng developmeti decistona. • 412W7,--A4 t ~T~e ~~ft 2007- 2012 HearinpDam: 6I13,2006 AdoplEnnDato: S~ O~A.n Faw. Assas. Date Reaolullon No.: P siX-YearTransportation ImprovEment Program ,,;,,,iliii0VaHeV oollaro in t1~a~usands J Funding Pro}octl Road Namesl Descriptlonl Currerrt Sta6us Length PE RW CN Total Sources 2007 2008 2008 2010 2011 2012 Tofal 13 SuQivan Rd PCC 3B 0 414 450 CiY 81 61 Sullivan Rd Mission 190 EB Ramps 0.10 • sPP(P) 389 3813 ReconstRtct In PCC . Work plarmed to begin fn 2007 Projad Totel qsp 450 14 Sullivsn Ro.d Wcst erndge 400 3s 7,588 6,001 BR 435 3,783 3,0¢6 757 8,001 SuAivan Rd ~ Spokene Rwer 945715 O,OiO - Reoonstruct and widen west brldga . . . Work planned lo begin in 2007 Pro)cct To2al 435 3,763 3,028 7.5 7 8,001 15 Univelsfty Road tntay 1 81 0 ' 728 809 Ciry 11 98 109 Urivcrsity Rd QishmarFMip Road 15th Avenuc 129 s'TP(P) 70 630 700 Grind and pavo vrt7h 2 inches of asphatt concxete pavement 1h'ork planned to begIsn in 2007 Project 7otal 81 728 808 Proqects and tinefremes identificd 'm tho TfP are Do De considered estlm3Des oniy that rnay &snp Quo to o vedely ot dreumstanoz, ond aro noi intenmed by llto Cia Oo bo Felled upon by pmporty amers or drvcl,opeas in rnaldng devcbprnont decistnre. • 4Mi/2005 AS DI^'dit 2007- 2012 Mcaring Dnc; 6J13I2D06 naomalon onW: S~r ~~ne ~~1 Six-Year Transportation improvement Program Em. As,ass. Da6a Ftasolu5oa~ No.: ey Dollari In tlsouaands Funditrg ProjecU Road Names! OescriptioN Gurrent Status Length PE RW CN Total gources 2007 2006 2009 2010 2011 2012 Total 16 Univereity Road Inlay 2 42 ' 0 380 422 Clry 8 61 57 University Rd 151h Averrue 41h Avenue 0.69 STP(p) 36 329 3135 Grlnd'and pavo wffh 2 inches of aspfialt concrete pavemenl. Work *rmed.to begin In 2007 . "ed 7ota1 42 380 422 17 44th Av0 PathwaY 0 Q 209 209 Ciry 28 26 • 144th Av Woodruffi Sands 1.08 • STP(E7 181 181 1 Wt AGP Pathway . Designing Pro)eet Total 269 209 18 8th Averrue Reaor►struction • 499 848 4,492 5,837 Gb 124 360 303 787 8th Avenue Havana Street Park Road 2_00 STP(IJ) 668 1,616 1,359 3,532 UAP 240 094 584 1,518 RecansUuct eth Ave. to a threerlane seclion wlth arrb, gutter, sidewaRa and bike lanes. Sceking funding ProlcdTOtal 822 2,669 2,246 5,837 ProtecLs orod timeframeg iden6fied In Ihe TIP aro to be consktemd cstimatiw oaifp tAat may change Cue to a va.ftty of dreumstunoes, and aro not intendetl Dy thC City Do be rel'ied upon by piopoAy ownas or dovcbpors (n rnaking dovolopment dedslans. ~ 4126f:7- AB a O Draft 2007- - 2012 Ftearing Datc: anarzaoa aaopuon 03te: S ~111~11-1~+ Six-YearTransportation Improvement Program Env. A:ae:a. Qatc ResoQuHon No.: Qolinrs tn tlfousands Funding ProjecU Road Namesl DescriptioN Curront Status Length PE RW ~CN Total Sources 2007 2008 2069 2010 2011 2012 Total 19 Argonne - Knooc Irrtarscxl6on 44 10 388 438 Cfiy 6 52 58 • Argonnc Rd @ Krwoc 0.00 CAVW qq 334 378 Uppradc Intersedion Wortc paanned to begin In 2000 Pro1ed Total 50 388 436 208arkcrRaad-ApplQway to8roedwsyAvertue 171 soo 1,642 2.213 ciry aa 204 154 442 8nrker koad Appleway Broadivay Avenuo 026 LIAP 337 817 817 1,771 Reoonstrud fo a fivedane arterfai with oentcr tum hane from Applevay to Broadway Ave_ Woric planroed to begin In 2008 ' Pr*ct TotaI 421 1,021 771 2,213 21 ArgonnelMantgornery NBR Tum Lane 17 25 163 205 City g 22 27 Argoaine Rd @ Montgomery 0.00 C►AAQ 37 141 178 Add NB right tum lane Wak planned to begin in 2008 Projed Tmnl 42 183 205 Projects and Itmeframes idenb7~cd In tho T1P arv to bo oonaMered es?hnaWs ordy thd rnay MniLqe due to a vaJfely of dreumstanocs, an9 ore nef inEdidcd by Eho Cdy to bc mliad uyon by property . : ar developeue In nmling CcvelopmCnt dccwiana. 4f26f2006 A7 Dfaft 2007- 2012 Mcanbs oMPEc $r,ia,rzMs Auopiron oar-, Env. Asses& o,-ILc ReaDlir~D31 Na.= Sp 6Qrie . S ix-Year 7ran spor tatian impravement Pragram . ~VaUey ' DOhf&b1t161[9911d4 . Furtdrpg Pr4JeCd RoadNamcslD9GclaptiOrdCurrentStstus LeRgth PE RW CN Total SCi11'Ces 2007 2608 2008 2010 2071 2012 Tutal . ~ 22 Pirrea C4rridof IT3 14 0 199 133 . CG~F , 1$ 9$ PineaiW 1sihAMe. TFenlAve 0.04 CMAQ 116 115 Traff~c ^slgnal Con1►ol 5ystem fpr Cprrfdor ~ - Nfflrk planitatf Io heaL+ ia 20C16 Fmiact Ta~l 133 133 za 32nd.awmrue 131 sos 1,7$Q 1,912 cny aa aa 1a^9 245 32nd Averwe SR 27 6est Road 4.A8 - sTPNk 243 303 1,027 1,567 Rcconslruct and ++.iden Ga three lancs wilh urrta and aidevralks. - --,r............ Wnrk planned Ga begln In n09 PrajM7ara1 291 351 1 790 1,812 24 $Sfker Ifiimtl -a1h IaAPplwwaY 239 540 2,739 Z879 Ciqr 68 60 426 57S BerkerRd 8Sh ApplffrrayAve, 0,75 Othar 68 80 429 57{i uCP 200 244 1,2$3 1.72$ ReoonsWd tio :1 thrcMdrtc uohan arteriel from $Lh t4 SpYEgua . VJotk plaRned to begin in 2009 Projod Fo~l 339 440 2,739 2 676 Prapada and tlmehsmea IeenGfi4d In Eha liP ere ta 6e aamWncd ostimaiem amy that mey, rfiartBe d40 !o d w'ffed' Of d+umistanar#, und a ic nut bi;ended by the CIty 6a Ue rellod uPOn hY ProPeflY ~ern Ordcvalopm In making tleve7apmerrt decislons. 412&0~ Ag ~ DI"dit 2007- 2012 keartng Datc: 6/13/2006 ~+daptlon DMe: crrr • Env. A:scss. Date Resolutbn ko.: Spo- 45[l@ Six-YearTransportation Improvement Program - ~f Valley Dol►-am inCivnand5 Funding ProJecU Road Namos! DascrfptionJ Current StatLts Length PE RW CN Total Sources 2007 2008 2008 2010 2011 2012 Total . 2.5 Flora Razd ' 252 300 2,268 2,820 CLY 80 257 227 564 Fiora F2d Spmque Av Mission Av 1.00 UCP 322 1,027 907 2.256 Reconslruct to a fhroodarse arteaiel. Worlc planned to begin in 2009, Pro}ectTotal 402 1,284 1.134 2.820 28 Park Road - Prnjed 3 CN 0 .riU1 5,344 5,845 City 34 238 227 497 perk Roa.d Sprague Avenue Broad+eay Avcnuo 0.50 oCtroer 20 139 134 283 STP(tl) 197 1,362 1,313 2.B72 Reconstrud and wtden to astandard three-lane arterial street N71h curbs UCP 150 1,035 998 2.163 and sidewalka. ~ • ---____..........p Seaking fundirrg . PrqcdTatal 401 2,772 2,672 5,845 27 Sprague - Gonklin S1gna1 25 15 269 300 CaY 180 180 Sprague Rd @ Conklin • 0.00 Other 120 120 Sbgnal Irtrtstlatbn . _---•-----•-°----..._-•'30U Work ptanned to begtn in 2009 PrajadTotal 300 ProOeds and Umefrseaes tdenuTiOd in 11x TIA aro W bo corrsidarcd os=knaces only that rnay change dae Do a variaty of dreumstanaea, and are not Ltiianded by the Gity to De reGed upon by PrWortY - ..-.~a dsvelapert In maldng deveEOpmcnt daci^.,9ona 412612006 A9 .00000, Draft 2007- 2012 ltearfng oa:o. ansnoos aaopdon osce: EMS~De . A~~s. Oato Resoku8on N0.: P s~~~ Six-Year Transportation Improvement Program Daltars In Uqusands - Funding Projecv Road Names! DescrlpttoN Curront Status Length PE RW CN Total Sources 2007 2008 2009 2010 2011 2012 Total 28 Euclid Ave! FEora Rd 336 501 3,024 3,861 Ciry 45 68 408 521 Eudld Av Fbra Rotnd earker Road 0.97 sMN) 291 433 2,618 3,340 Flora Rd Eudid Rwsd Faedid Rosd 0.14 ~ Reconstrud to pPOVide a tfires lane, shouidered artaria! VNork ptanrted to bagin in 2U10 Projed Total 336 501 3,024 3,861 . 29 Mission Ave Recanstructian 288 3+00 2,576 3,162 City 87 288 250 633 Mfssion Av Fbra Barker 0.89 UAP . 349 1,150 1,030, 2,529 Now &tane sedDon Flora to Barkcr VNork planned to begtn In 2010 . Projoct Total 438 1,438 1,288 3,162 30 Sulfivan Road Reoonsiructioai 560 1,000 2,519 4,079 _City ~ 56 216 544 816 SullivanRoad EudldAvcnuo WellesleyAvenue 1.00 UCP 224 B&i 2,175 3,263 F2CCOaisteW to a seven-laroe ur6an arteft. N'oAc p1anned to Degin In 2010 Propet TOW 280 1,080 2,719 4,079 1 Pro}ocb end Wneframes idenlEffied In fhe 11P ere to oe eoaisidaMd e>timatas 0n9y that rnay Manp duo W a varioly o7 ctrcumstanoes, and eru not Intended by ttie C'ity to bo rolied Lpw by properly owneos or dewlopera In maSdng devcopmcrtt dcdsiona 4f2W7; A f 0 _ , ,7e~ Draft 2007- 2012 "~9 Da'~ ~+~o~ ~opl~n W~ S ~p1~inE] it~oluHon No.: ~ey Six-YearTransportation Improvement Program Env. Assess. Dato Ddirz ln thousands Funding ProJecU Road Names/ Descriptionl Cument 3tatus Length PE RW CN Total Sources 2007 2008 2009 2010 2011 2012 Total 31 Vailoy Corridor - ProJect 3 PE 667 0 0 887 Ciry 90 80 Evergrcen Appleway 0.00 STP(v) 577 577 VaRsy Gouplet Evergreen Apploway 22a - Ezfend Appleway Bhrd. wifh s mufti-lane fadlity Irucluding atrhs and sidetivalks. Resurtace Spmgue Avonue and restripo. 1Mot'k planned to begin fn 2009 Project Ta1sl 887 667 32 BaAcer Road - Spolcane Phrer to Treni 377 150 0 527 CitY 36 35 71 @arker Raad Spakane Rivcr Trent Averaie 1.51 s7v(u) 228 228 456 Rccanstrud to a tfirco-lane ourbed arter9nl Wbrk pJanned to begin in 2011 Pr*ct TwaI 264 263 527 33 Bawdlsh Road 393 500 0 893 Ci1Y 85 94 178 ' Bawdish Roatl 32nd Avenue 8fh Avenico 1.52 STP(U) 171 188 358 Rscoaietrtnd and w6dan roedway to three lanes_ UnP 189 18B 355 Work pl.~fnned to begin in 2011 P~*ct Total 425 468 893 ProJeds and ltmefrarnca idcmllRed in Iha l1P ao to bo oonstdered eslirna0es onfj tAal may change due tu a vaflcvl of drournstencas, end ere not tnMndeO Dy tho C(ty ro be relied upwi by pmperty owncts w dwolopera in malkinp devetnpmeni detisions. 414I2006 A! 1 Draft 2007- 20 1rG Hearlig Date: 6M32006 Adoptlon Date: Erw. /1,^,.xsa. Dato ResotuUon ka: W~n,~~eV Six-Year Transportation Improvement Program ~ Dnlhart ki lhousands J Fund(ng Project/ Road Names! Description! Cunent Status Lertgth PE RW CN Total Sources 2007 2008 2009 '2010 2011 2012 7otal 34 Broadway Ave - Flora to Barker 282 250 0 612 Cia 52 50 102 Broadway Av Fiora Barker .8.04 UAP 210 200 410 Rewnstrud to 34anes, Fbra to Barker Wbrk planned to begtn in 2011 Pro}aet Totnl 262 250 512 35 Broadway Ave Moore to Fbora 190 • 30D 0 490 CUY 50 48 98 BroaQway Av 180 R E. of PAoorc Flom 0.73 UAP 200 192 392 Reconstnid & widen Broechvay to 34arue sedioai, 18D ft E. o! Mooro to Flata WVark planrucd to begin in 2011 Prolect Tota! 250 240 490 36 Evergreen Road 287 400 0 667 City 53 80 133 Everpreen Rd 32nd Avenue 16ih Avenue 1.00 uAP 214 320 534 Reoonstnxt end widen to Ihrge lanas 1M1`ork ptannod to begin tn 2011 Prqed To1al 267 400 667 Prqleds oM IlmeGrame9 identdied in the 71P are tn he caaisldered est3rtripes ardy that may charge due to a varioty af circumsWnocs, . nrod 3re nOd intended by iMe City to De refed upon 6y propeAy amert at developers In making devetopment do.:..:...a. 6f2fJ2~ A12 ; . . r ~ l. ~ ~ •,I . . 0000* n e Dr'dit 2007- 2012 Hearkig Date: en~zaos A~Boptbn Oate: ~rAA S 6w• Assess• D~lo Resolulion ko.: ~~~y Six-YearTranspor.tation Improvement Program D0lI3f31fl 111071$drd8 •Funding ProjceU Road Namas! Descriptionl Current Status Length PE RW CN Total Sourcos 2007 2008 2009 2010 2011 2012 Total 38 SaReseJSidlivan 5igrsal . 39 18 251 308 cuY 77 77 Ssltese Av ~ Sudliven Rd 0.00 Olher 229 229 Improvemertts to IntersecUrnn Work ptanned to bepin tn 2012 Project 7aad 306 30E 39 Vslley Coiridor - Project 3 CN 0 1,500 4,337 6,837 City . 350 437 787 VaQsy Couplet Evergreen Road Appteway Raad 2.25 Ocher Stato 250 250 STPtul 400 1,400 1,800 Exdend Appleway BNd. with a mu1Pane fec(Gfy haGieding arbs and uCp 3,000 3,000 sidewu[ks. 17esurface Sprague Avenue arvd resUlpe. Work plannsd tn begln (n 2009 lcct Tocal 750 5,087 5,837 40 Camahan Trudc I.ane , 200 0 0 200 Ciej 27 27 Carnahan Rd 6th City Limits O.FiO S'n'Nl 173 173 Add SB trudc Lane to road .............y._.------------•-.........._. IA'aric planned to begirt in 2012 Projcd Taaf 200 200 Pmjsds ard Wnefrnmoa idcntifiod in ihe T1P pro to bo consldered eslimataa oNy thst may ennngc duo Lo a raifary o( drwmsiences, end em iw4 irteaded 6y IhC Cib W be relled u,pon GY Propon7l - OP dCVOlWers In malQng QevCbpment detlsioalg. 4128120d0 A13 Draft 2007- 2012 Heuing DaOa= gl13rzip06 adwdm oea: S ose ~ Six-Year Transportation Improvement Program Do14~r+ in ihausands Funding ProjecU Road Names! DcscriplioN Current Status Length PE RW CN Total Sources 2007 2008 2009 2010 2011 2012 Total 41 SR 27 Pedestrian Crossirrg 128 50 0 178 City 36 38 Sft-27 @ 24th Ave 0.00 Ot+ei 142 142 Pedestrian Crvssing @ 24th ave ' WoJit planned to begin in 2012 Project Tatal 178 178 42 SR27/Pine;J161h IniersecUon 194 159 0 344 Cib 89 69 Pines Rd ~ 16th ~ SR27 OAU Othor Staco 69 gg . UAP 206 206 Improvemer►ts to tntersecUon (Dual lano Roundabout7) - plertned Lo begin in 2012 ProJcC Tam1 344 344 43 Sfree3 Preservatioai Projeds . 649 0 6,95U 7,599 City 1,000 1,359 1,300 1.540 1,200 1,200 7,599 Various Raads 0.00 Annual Sireet preservsfion projeds a.._........... . Design9ng & vAl construct Pr*d Toml 1.900 1,359 1,300 1,540 1,200 1.200 7.599 ProJecC and idanti2iCd in the T[P are to bo wnsidcrcd estitnppq only that muy dhartge due ta a varlery a( dreurn&ianaea, and are not in0ended by Ihe C1ry in Ce reiled upon by propefty awrrcrs a developert In making deretopmorrt dodsioais. 4/28/7; A14 ~I~ . ~ ~ DFafk 2007- 2012 licarfn9Dab: anJMs AaWian oae! S ix-YearTransportation ImprovementPrograrn @nu.As.qem_da63 Resmu±IN1No.' UC9ar lo thomsandr. . ProJectlRoadNamasfDeSCripkROrrlCurrentSfatLs t-ength PE Ryy CN T~I ~unding SOUrces 2467 20108 2009 2070 2071 2412 Tota] 44 9af1oeF RD2d Re6ons3ruc#ip71, 32nd t4 $Ih 40 0 0 40 Clly 40 40 Ea.rkorFtd 32nd 8tt, 0,0 Spnkano County Projed, Reoonstruct Barioer tia 3-Lana Ssctior~, Ci~y PartnL~r maich . Seakingfuroding Project Tals6 40 q,p Tota1: 9,163 1-0,6 70 81J.044 908.$77 93.743 27,506 23,448 16,$Si 13.$6$ S5.fi61 r ' PraJecft and I&rneirarnes ItleRliGed L11ne T1P bin to bo conscdorud esiimahErs anly Ihai rnny rMsnge tlue 6a 3 v, Mb' of circurnsiemoee6 snd sre iwl MleWed hy Ihe Clty Rp bo rclied upon by RroPcFty e'+nerv or deveraperg m melr]W aevelapaneM deo:lans, W26J24D6 Af5 Draft 2007- 2012 Haaiins D~o: 6n3rz006 adavmhn oam: S O~ ' Env. Assess Date ResoluNon ka: ~ey Six-Year Transportation Improvement Program Dollars In thousands Furtding ProJecU Road Names! Descriptlon! Current Status Lcngth PE RVY CN Total Sources 2007 2008 2009 2010 2011 2012 Totai Six-Ye4ffransoortatior (,tiorovement Prvgram Totals . Yoar • FeQtroi S7ate OthLr City 2007 8,816 9B4 2,086 2,037 . • 2U08 16,620 3,544 622 2,120 2008 11,857 7,849 538 3,104 2010 7,957 6,962 548 3,783 • 2011 5,588 6„.095 781 9,518 2012 4,6Q5 7,628 142 3,286 ProJecYs and timeframe9 bdenU7ied in the 71P aro to 6e coresldeced estkne!es only Mst may change due to a varlety aF arcumstancas, and are nol tntended by the Ciy to De rclicd upon by proparty rnmaR ar deveWpers In maldng devetopmeN dedsions. d126M,-~ A16 Sti.n • ~ L--,~_ ~ J , ~ ~ s : ~_6~.~Ls' I I,r . J4 9UdlluonRqidN4rIhFxIlanlj6n.Y,._. ~,lai-r -b$ ~LF 41:-l.-~ . ~ ~ . t~1°-+ ~ '4WIY"i "~v i, . ~ I7 h.d9 I n -L cm -`L ` 5er-iiIvanRaed .~,4~ Spoki~Rhre114T'r8nt ~~N ewri i • a . v i ~ ~ + - , - . e ~ , ~ , i ~ --P d•. , I r ' • ,iWi,f ~w ~ ~ - ~ _ ~ 1~_z, ~ ,s , afgan t4t9Rmen~ en ~ - l~_ t;Fry+ eµ duaeM ' ' - ~ f k ne ; AhlYlaI ~ ~yy 1 _ a y~~ NBR Pafk{i~l3d y.er ;i Lim* I ~ ~s Ny _ GIhd95e~ii,7itl4iI~BTY' RKO+~ 6 ~r /r - e4~6r~'-°r, d1 AYltlilQ ~t B~~ I ~~s~ n a - alrkd . -~~M4ontgamq+y Averu~ ~1 r Rnad Eddg ~~~zt~~`~ ~ ~``~!yl _ _ ~M~ ~ - v'F a ~ " " P~ Roa~' a - - - T~t:~x;~~ _ I fi ~ - I ~ ~ ~ ! ~4rgunn~nox 't~.~l 1' ~ ~ ~ w -3 ~Cwrrldorff5 ` ,~7~ 9medweyAvtnuo k . ' ~ d ufihe ~urRa~A •a iA 4 e~ f 5 s _ , _ ~ ve~ r ~ ~ iv ~ ypdn S0 ~~P~~9 ~M~W~ Ild~p ~pwa~+ 1o91oadwa II ty1nN = y ~1 ~ ~ u~ =a~ ~ nuir IH _ ~I~~-I ~ L y ~ YlIW4 x. i ~4f'~ y , Sadeh} 9t QF .i., i ~ +1 ~y ~ ,wmu ~16~i t I , r~~6kane _ I~e ~ r ' ~g~~1 u ; L•b'G ~i ~y~ I L~~G~ T ~u1119Y GnIf~M _~1_ 1.. ~ ~ I ~ I $ PLi4~- ' - E ~ AYRRN~1 i71aj' Pitk Anid s ■ Y ~haaa 4J~~d 8~ ' 1 ' o- !i r L Y L ~I rA~ ~ rr ~ _ ~ . i • I ~ , .u5w~ ^'itPl `i iE f~r 't t c dtiStOMR1 Ctlfl8trLG1b1L ~~u - - ~rn~ j y ft a~ni . ~R#wnUttbn ~ a,~i B~r~rlt 8 „ _ . . . _.J a e ` ~ a , 1 ~h'• - ~ p~ ~r~ . k' - ~ e eo cm ' _ ~ ~ E ~ A~IeMa~66tM3er~hl Q Btld lG APPY~i~1 - L_ ~m ~yC4Rltl4t ~ ~ rt'~ *Ie 3 I. a P •r~` kP1~kYl~lly RiA1d SR2TlRlrres lodh @ L ~ ~ ~ e101Fi 1h~.L t 1 v.~. . ~ ~ { I I ~9~ ci1l~lfl ~ # 'L. ~ ~ .1 'y5p~" ~ . I 14;_ i ~.1 ry 'i~ ~ lir,~13`° '~iF =•d ~ ~ ~ ` l " ' 1 iruk~ Len4 ~ ~ _ - - p~ ~ : jr .t~ ~ I ~ ~ 4:F,.y +3°i ~ - ~ _ t ig i~~ _ ,aw ~ 1 V~. ~ e j - redi ~ ~ ~J ~ ~ ~ • i~ I _ ~ ~Y ~ ~i~' _i~ ti ..'a e ~ ~ BOWQIlP1 ~41i1 ` ~ ~y. N EY1~I6Bn Rnad I ~ x-. Q s .--e-r~ L Llmrerel~y Rn~aA . P~ dt 3 ~ ~ ~T ~ - ~ y;ew~•a, ~ . ~ , Inlay 1 , ~1 a, y i - , ~ ~ ~ ° e. - 4~ ~ ne~ 5 ,~SLfi 1 j5. ~ ~ riw 1, r~ ~ A~, rJ~ ~ ~ `~.'•y . ]N ~i _ ' ~h~ ~ I ~ f . ~ . ry ~ ° ~ ~ , ~ I ; ii FR3T RRt1f~Lt41f ~Cif*i#d rl~. If" e~, ~ ~~,a- - r r-`~ ~,+i_ I ~ -.y,, ~l ~t' ~ -I Lnd I ~ I J n /'yf~ 8,000 +b~~ ~~i+~' k1 ~~~11Il1~ ' ..~s'„'~ ~ • ~ °M + r ~ ~ ~ a2ntlAvmue x, Feet I j I.~ _~-•~rc ~ d ~n~. " ~ u~" ~J f~ ` ~ 4~ i , ~ ~ ~ ITY OF SPt3f~ANE VALLE 1~Y i1~ ry T' WI Vll T S~IJS 1 i'r~R T.I.P. .~I' ~I ~a ~ - _ j~-' ~jl ~ ~ ~ €i rea 3i r~„ # _ il ~ ~ ~ ~ - 2007-2012 i ~i ` ~nml~ ri ~ s ~ ► ' f ~ 1~,+~ I a'F ~ 4007 ~ A4#111~1YenlMf Pi~l'WaY L+y rtp i~~Vy ! ~y ny~14Uf~~ . I I~ ~ a ~Y'•'~ ,t ~ I ' 4 ? ~ ~ ~'"R` +I I 2~10 - - ~ i ~,Ey ~ , ~ - ` I ~ -4iy~~, • ~7 Q5r~3,^'~- , `t ~~12 . PW~W6PotS' bEpATS`ISENT i un in I I i ~I CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: May 23, 2006 City Manager Sign-off: Item: Check ail that apply: ❑ consent ❑ old business ❑ new business ❑ public hearing ❑ information ❑ admin. report (Epending legislation AGENDA ITEM TITLE: Public Hearing - Proposed Amendments to the 2006 Budget. GOVERNING LEGISLATION: State law requires a public hearing and an amendment to our budget when the City will exceed annual appropriations. Previous Council Action Taken: The City budget for 2006 was adopted in November 2005. BACKGROUND: A public hearing is needed to consider Budget adjustments for: 1) transfer $2,105,000 to the Service Level Resenre Fund to maintain operating service levels during reduced economic activity; 2) adjust revenue sources to anticipated levels; 3) update the budget for programs and projects carried over from prior years; 4) increase appropriations for contracted services; 5) • authorize additional appropriations related to the bond proceeds; 6) authorize temporary assistance for Community Development; A more detailed listing of the proposed budget amendments is attached as Exhibit A. • OPTIONS: Options include holding the hearing or not holding the hearing. State law requires a public hearing. • RECOMMENDED ACTION OR MOTION: Proceed with a public hearing to consider these budget amendments. BUDGET/FINANCIAL IMPACTS: Passage of an amended budget ordinance with a public hearing will provide authorization to move ahead witli these programs. STAFF CONTACT: Ken Thompson, Finance Director Jason Faulkner, Accountant/Budget Analyst i - CITY OF SPOKANE-VALLEV ~I Ftequest for Councif Action _ Mee#ing Date: 05-23-06 - City Ihflanager Sign-aff~ . Itern: C heck all tEtat apply- xc~nsent ❑ QId bUSIf1e5S ❑ n2W bUSIf1eSS L) public hearing 0 information ❑ admin, reporE 0pending legislatian AC'sE NDA ITEM.TITLE: Approval ofthe Pallowing Voucliers: I BACKCRDUND: . ~VOUCHEIt LIST DATE ~VOCJCHEIt #s I TOTAL VOUC-KFR P+MOUNT I os-09-06 I 9082-9126 .I S346,595.24 I oS- i 5-a6 9134-9184 I $201, 73 1 .92 LG~AN'D rOT.aL I $548,327.i6 . FtECOMMENDED ACTION OFt MOTION;Ap prove claims for vouchers as I isted above. - BUDGFT}FINANC IAL, INiPAC7S; ~ STAFF CONTACT: Mary BaslEngton , ATTAC HMEN7'S Voucher Lists , ' _ ' . vch[ist lfoucher List paye: 1 0510912006 3:53:5013M . 3polcane Va11ey Bank code : apbank . . Voucher Date Vendor Invoice PO # QescripiionlAccoun# Amaunt 9082 512l2008 001052 SAMANTHA DFtUMN00IVD. CQURT REPOI 512M 6 Romero COURTTRAhlSC RlPTfftOMER0 12.00 rGtal : .12.03 9085 515120D6 000028 FARMERS & MERCHANTS BANK 4173JDS MasterCard CREDIT CARD CHARGES 9,308.17 , . rotal: 9,308.11 9086 519l2006 000379 GffY OF SPOKANE VALLEY 515106 Petty cash AETTY CASH {PATE`I'S REGEIPTS} 24.00 Total : 24,00 90$7 51912006 000505 CONOCOFHILLIP$ FLEET $70166726604 VEHICLE FUEL 1,217.85 ' . ' Total : 1r21715 9088 51912.006 OOD326 CONS OLlDATED IRRIGA710N DiST, #49 Swale 49 41075 UD04-BARPCER ROAD WATER SFR4 2,000,00 Swa1e #2 41075 BARKER ROAD WATEft SERVIC5 II 2,000_00 Swale #3 41075 - BARKER ROAD WA7EFt SEFtVICE II 2,0100_00 Total : 6,000.00 80159 Sf~f2006 000537 aAVID EVANS ANC) ASSOC IATES. IN 180811 40918 DEVELQPMENT INSPECTI4N SER~ 9,i95_00 192531 40918 DEVELppMENT INSPECTION SEM 9,977_50 Total : 19,172.50 9090 519M 06 000686 oEPARrnnENT OF U C ENsiNG W05106 DaL casn CAsH TRANsMirrAL To Dol 28,04 . . , Total: 28,00 9097 5191200E 00075Z bEPARTMENT 0F TRANapOR'f`ATION RE- , 31-'6.AT660411077 SIGNAL & ILLUh+iINASlON fti1AIP1T. 2,983.63 FiE-313-ATB6041107$ STATE RQ1JTE FtOADWl4Y MAlhT, 8,732,48 RE-31 3-I1T860471118 dIS HMAM-MICA ROAD REHAB 36_82 RF--313-ATB60411124 PINES)MU4N5FEELa CQRR CONG RI 594.56 Total : 12.327.49 9092 51912006 001043 ESF21 1800013608 41027 AF2CG IS SRAIN!NG - AAtRON 195.00 . Tota1: 195.00 9093 Sf9f2006 000171 GEIGE R CORRECTi4PJS GE NTER March, 2006 CONFINEMENT AND WORK CR EW 1$.829,16 " Total: 15,n9.iG 9094 51912006 000178 GFOA 518126 GFOA RECfSTRATIDN - PFLIEGER 585.OD . Fage'. "1 vchlist VouCher List Page: 2 0510912006 3:53:50PM Spokane Valley Bank code : apbank-. Voucher Date Vendor Invoice PO # Qescriptlon/Account Amount 9084 5/9/2006 000179 000179 GFOA (ConUnued) Total: 585.00 9095 5t912006 001009 GOTHMANN, WILLIAM H. 5J1/06 WG Reimb. REIMB. REGISTRATION COSTS 285.00 Total : 285.00 9036 5/9/2006 000007 *GRAINGER 861093094 41035 SAFETY EClUIPMENT 601.32 Total : 601.32 9097 5J9/2006 000002 H& H BUSINESS SYSTEMS INC. 144290 COS7 PER COPY CHARGES 98.80 • 144361 COS7 PER COPY CHARGES 95.37 144362 COST PER COPY CHARGES 34.85 144363 COST PER COPY CHARGES 26.78 1443s4 COS7 PER COPY CHARGES 8.74 144ggp COST PER COPY CHARGES 268.58 144381 COST PER COPY CHARGES 113.21 144386 COST PER COPY CHARGES 74.45 144394 COST PER COPY CHARGES 5223 14446.4 COST PER COPY CHARGES 12.08 Total : 785.09 9098 5I9/200B 001053 HARVEST HOUSE P.O. 41050 41050 SUMMER DAY CAMP 120.00 Total : 120.00 9099 519/2006 000715 HSBC BUSINESS SOLUTIOIVS 7003-7311-0004-9347 OFFICE SUPPLIES 61•20 Total : 61.20 9100 51912006 000070 INLAND POWER AND LIGHT CO 94202-002 STREET LIGH'flNG POWER CHARC 38.0$ 94202-003 STREET UGHTING POWER CHARC 56.29 94202-005 STREET UGHTING POWER CHARC 123.62 94202-006 STREET LIGH7ING POWER CHARG 199.98 Totai : 417.97 9101 5/9/2006 000864 JUB ENGINEERS, INC. 0035451 44982 0022 - DISHMAN MICA REHAB PRO 12,302.01 Total : 12,302.01 9102 51912006 001058 PACROBERTS, CAROLINE 515106 CM Reimb. REIMB. TRAVEUMiLEAGE & REG1S 32.47 Total : 32.47 2 ~ ~ vchlist Voucher List Page: 3 0510912006 3:53:50PM Spokane Valley Bank code : apbank Voucher Date Vendor Invoice PO # DescriptioNAccount Amount 9103 519/2006 000788 MEDIA JOE, INC. 2546 INSTALLED NEW CABLES 55820 Total : 568.20 9104 519l2006 000132 MODERN ELECTRIC WATER COMPANY 4127/06 Modem Elec STREET UGHTING POWER/WATEF 7,628.27 Total : 7,629.27 9105 5/9P2006 001035 NETWORK DESIGN 8 MANAGEMENT 13672 IT SUPPORT 1,332.50 13703 IT SUPPORT 1,040.00 • 13708 fT SUPPORT 650.00 ' Total : 3,022.50 9106 5/912006 000392 NEXT IT CORPORATION 12429 INSUITE ANNUAL SUBSCRIPTION 1,800.00 • Total : 1,800.00 9107 519/2006 000239 NORTHWEST BUSINESS STAMP INC. 58782 41055 NAME PLATE & HOLDER 17.76 Total : 17.76 9108 5/912006 000652 OFFICE DEPOT INC. 334346237-001 41018 OFFICE 8 OTHER SUPPLIES 383.11 334357257-001 41004 OFFICE SUPPLIES 28.05 334357540-001 41406 OFFICE SUPPUES 28.05 , 334452174001 41022 OFFICE SUPPLIES 436.16 • 41022 334518271-001 41023 OFFICE SUPPLIES • 342.55 ' 334518273-001 41023 OFFICE SUPPLIES 226.23 334519802-001 OFFICE SUPPLIES -66.35 334519803-001 OFFICE SUPPLIES 66.35 ' Total : 1,444.15 9108 5/9I2006 000512 OFFICEfEAM 15635052 TEMPORARY EMPLOYMENT SERVI 660.00 . Total: 660.00 9110 5/9P2006 000019'PURRFECT LOGOS, INC. 16059 41044 NAME PLATE HOLDERS 24.44 • Total : 24.44 9111 5l912006 000415 ROSAUERS U-CITY INC. 480229 MEETING SUPPUES 57.76 480230 11AEETING SUPPLIES 65.14 631074 MEETING SUPPLIES 35.06 Page: 3 vchlist Voucher List Page: 4 0510912006 3:53:50PM Spokane Valley Bank code : apbank Voucher Date Vendor Invoice PO # DescriptioNAccount Amount 9111 51912006 000415 000415 ROSAUERS U-CITY INC. (Continued) Total : 157.96 9112 5/912006 000297 SCHOLTENS, TOM 511/06 TS Reimb. . REIMB. TRAVEUMILEAGE 223.68 . Total : 223.66 9113 5/912006 000324 SCWD #3 170-0D40-03 WATER CHARGES 25.52 Total : 25.52 9114 519/2006 000067 SIGNS NOW 116 16920 41019 NOTICE OF APPUCATION SIGNS 938.09 • Tota I : 938.09 9115 51912006 000474 SPOKAPIE COUNTY PARKS & REC. P.O. 41065 41065 SUMMER DAY CAMP 50.00 Total : 50.00 9116 519/2006 000406 SPOKANE REGIONAL CVB March contract TOURISM PROMOTION 10,686.00 Total : 10,686.00 9117 5/9/2006 000451 SPOKANE REGIONAL SPORTS, COMMI: 4/13l06 Sports Comm. TOURISM PROMOTION 17,832.61 , Total : 17,832.61 9118 5/9/2006 000862 SPOKANE ROCK PRODUCTS, INC. 003145A-IN 40674 8TH AVENUE OVERLAY 7,079.00 Total : 7,079.00 9119 5l912006 000488 SUKUP, MARINA 5/2l06 MS Reimb. REIMB. TRAVEL/MILEAGE & PUBLII 1,038.72 Total : 1,038.72 9120 5l912006 000497 THE BANK OF NEW YORK 05/04106-1782 SEMI-ANNUAL DEBT SERVICE PAY 207,267.50 Total : 207,267.50 9121 5/912006 001024 UNI7ED RENTALS NORTHWEST 55358020-001 44878 PURCHASED SMALL TOOLS 1,124.00 55363365-001 44978 PURCHASED SMALL TOOLS 1,800.00 55740711-001 40978 PURCHASED SMALL TOOLS 866.00 55914371-001 TAX ON INV. 55363365-001 163.48 55914624001 TAX ON INV. 55740711-001 74.51 - 55940541-001 TAX ON INV. 55358020-001 98.91 Total : 4,226.90 9122 5/9f2006 000167 VERA WATER & POWER 0014-004275.01 STREET LIGHTING POWER/WA7EF 24.09 4 ~I . C'i vchlist Voucher List Page: 5 0510912006 3:53:50PM Spokane Valley Bank code : apbank Voucher Date Vendor Invoice PO # OescriptionlAccount Amount 9122 5!9/2006 000167 VERA WATER & POWER (Continued) 0014-032971.00 STREET LIGHTING POWER 47.27 0016-007780.00 STREET LIGHTING POWER/WA7EF 20.45 0018-031941.01 STREETLIGHTING POWER 54.64 0018-032752.00 STREET LIGHTING POWER/WATEF 18.68 . 0030-031942.01 STREE7 LIGHTING POWER 49.26 0099-000005.00 STREET LIGHTING POWER 1,714.40 Total : 1,928.79 9123 5/9/2006 000964 VOLT 14402132 7EMPORARY EMPLOYMENT SERVI 495.00 • Total : 495.00 9124 5/9/2006 000255 WFOA 3857 REGISTRATION FOR MARY 100.00 Total : 100.00 9125 5J9/2006 000711 WMCA TREASURER 5-4-06 WMCA • MEMBERSHIP - BAINBRIDGE 50.00 Tota) : 50.00 9126 519/2006 000129 WRPA • 5J5106 WRPA 41070 RESULT CD FOR PHASE I 25.00 Total : 25.00 43 Vouchers for bank code : apbank Bank total : 346,595.24 43 Vouchers in this report Total vouchers : 346,595.24 the undersigned, do certity under penalry of perjury, that the materials have been fumished, the services rendered, or the labor perfortned as desaibed herein and ihat the daim is just, due and an unpaid obligation ' against the City of Spokane Valley, and that I am ' authorized to authenticate and cenify to said claim. • Finance Director Dato Page: 5 ' vchlist Voucher List Page: 1 0511512006 5:32:52PM Spokane Valley Bank code : apbank Voucher Date , Vendor Invoice PO # DescriptioNAccount amount 9134 5/15/2006 000197 AIR INC. 103828 EMPLOYEE BACKGROI'IND CHECK 100.00 99179 ' EMPLOYEE BACKGROUND CHECK 50.00 - Total : 150.00 9135 5/1512006 000037 AMERICAN LINEN INC. 235842 FLOOR MAT SERVICE 45.38 Total : 45.38 9136 5N512006 000221 AMERICAN PUBLIC WORKS ASSOC. 676932 41007 ROW INSPECTION MANUALS 576.40 Total : 576.40 9137 5/15/2006 001038 ASCENT GIS, INC. 1113 41024 ARCPAD UPGRADE 532.14 Total : 532.14 9138 5l15/2006 000030 AYISTA UTILfTIES 90091047 POWER CHARGES 5,180.70 Total : 5,180.70 9139 5J15/2006 000168 B 8 C TELEPHONE INC. 113603 CP PHONE REPAIR & LABOR 114.03 Total : 114.03 9140 5/1512006 000944 BENTLEY, NIK 5l9106 NB Reimb. REIMB. FOR KEYS MADE 14.39 Total : 14.39 9141 5115/2006 000918 BLUE RIBBON LINEN SUPPLY, INC. 8678074 ADJ./CENTERPLACE IINEN SERVI( 13.01 8713535 CENTERPLACE LINEN SERVICE 125.27 8715458 CENTERPLACE LINEN SERVICE 380.88 S0030692 CENTERPLACE LINEN SERVICE 142.24 Total : 661.40 9142 5115/2006 000907 BUILDING MAINTENAPiCE SUPPLY 28776 41001 SAFETY SUPPLIES 81.88 Total : 81.88 9143 5/15/2006 000101 CDWG , ZQ40135 41072 HP COMPAQ BUSINESS DESKTOP 1,180.50 ZQ40147 41047 #790892, HP Gompaq Business Desl 1,180.50 41047 . Total : 2,361.00 9144 5115/2008 001048 CITY PARCEL DELIVERY, INC. 0048764 4l30/06 DEUVERY SERVICE 48.84 Page: 1 vchlist Voucher Llst Page: 2 0511512006 5:32:52PM Spokane Valley Bank code : apbank ' Vouchor Date Vendor Invoice PO # DescriptionlAccount Amount 9144 5/15/2006 001048 001048 CITY PARCEL DELIVERY, INC. (Continued) Total : 48.84 9145 5/15/2006 000109 COFFEE SYSTEMS INC 39894 CP COFFEE SUPPLIES 86,79 Total : 86.79 9146 5115/2006 000606 COLUMBIA FIBER SOLUTIONS 3856 5/5/06 DARK FIBER LEASE 6,066.61 40953 Total : 6,066.61 , 9147 5115/2006 000326 CONSOLIDATED IRRIGATION DIST, #19 05859.0 WATER CHARGES 139.20 06377.0 WATER CHARGES 53.20 06377.2 WATER CHARGES 40.37 ' 11534.2 WATER CHARGES 17.00 Total : 249.77 9148 5J15/2006 000136 DEPARTMENT OF INFO SERVICES, STA' 2006440222 STATE IT SERVICES 11.8$ Total : 11.86 9149 5115/2006 000912 DEX MEDIA WEST 303671194 ONGOING ADVERTISING-CP 91.25 ' Total : 91.25 9150 5115/2006 000999 EASTERN WASHINGTON A'rl'ORNEY, SE 9904 LEGAL PROCESS SERVING 40.00 9910 LEGAL PROCESS SERViNG 76.57 9954 LEGAL PROCESS SERVING 40.00 Total: • 158.57 9151 5115/2006 000106 FEDEX 3-478-84550 SHIPPING CHARGES 42.42 Total : 42.42 9152 5115/2006 U00858 FOOD EQUIPMENT INTL, INC. ' 4516 CP - ACRYUC WATER PITCHERS 164.43 Total : 164.43 9153 5115l2006 000505 H & H FINANCIAL SERVICES INC. 668 COPIER LEASE PAYMENT 201.79 . 669 COPIER LEASE PAYMENT 233.28 670 COPIER LEASE PAYMENT 307.06 671 COPIER LEASE PAYMENT 412.30 Total : 1,154.43 0 2 ~ vchlist VouCher List Page: 3 0511512006 5:32:52PM Spokane Valley . Bank code : apbank Voucher Date Vendor Invoice PO # QescriptionJAccount Amount 9154 5115/2006 OOQ441 HOME DEPOT COMMERCIAL CREDIT 1062846 LEASEHOLD IMPROVEMEN7 SUPP 56.81 Total : 56.81 9155 511512006 000265 JACKSON, MIKE 5J5l06 MJ Reimb. REIMB. TRAVELIMILEAGE-JACKSO 130.75 Total : 130.75 9156 511512006 000117 JOURNAL NEWS PUBLISHING INC. 27598 ADVERTISING 105.75 27623 ADVERTISING 25.00 27624 ADVERTISING 33.75 27625 ADVERTISING 30.75 27626 ADVERTISING 28.50 27627 ADVERTISING 48.75 27628 • ADVERTISING 72.75 27629 . ADVERTISING 63.00 27630 ADVERTISING 57.00 ' Total : 465.25 9157 5115/2006 001035 NE7WORK DESIGN & MANAGEMENT 13737 IT SUPPORT 357.50 Tota I : 357.50 9158 511512006 000239 NORTHWEST BUSINESS STAMP INC. 58870 41078 NAME PLATES ' 24.60 Total : 24.60 9159 5N512006 000193 NORTHWEST CHRISTIAN SCHOOL INC June 2008 rent JUNE 2006 RENT 25,099.25 Total : 25,099.25 9160 5/15/2006 000058 OCCUPATIONAL MEDICINE, ASSOCIATE A500163 4f28106 EMPLOYMENT PHYSICALS 202.00 . Total : 202.00 9161 5/15/2006 000652 OFFICE DEPOT INC. 335139823-001 41032 OFFICE SUPPLIES 35.07 • 335203984-001 41037 OFFICE SUPPLIES 117.48 335269568-001 41039 OFFICE SUPPLIES 223.28 335523284001 OFFICE SUPPLIES 36.63 335698588-001 41043 OFFICE SUPPLIES 123.35 336067075-001 OFFICE SUPPLIES 14.76 336758517-001 41073 OFFICE SUPPLIES 481.61 336892478-001 41056 1.0 GB USB DRIVE FOR STEVE WO 76.15 336966282-001 41073 OFFICE SUPPLIES 32.62 Page: 3 vchlist Voucher List Page: 4 0511512006 5:32:52PM Spokane Valley Bank code : apbank Vouchor Date Vendor Invoice PO # Description/Account Amount 9161 5/15/2006 000652 000652 OFFICE DEPOT INC. (Cantinued) Total : 1_,140.95 9162 5/15/2006 000307 OFFICE OF THE STATE TREASURER 04/06 State Remitt. STATE REMfTTANCES 60,691.09 , Total: 60,691.09 9163 5115/2006 000691 OLSTEN INC. 62385267 TEMPORARY EMPLOYMEPIT SERVI 594,26 62421227 TEMPORARY EMPLOYMENT SERVI 710.15 Total : 1,304.41 9164 5/15J2006 000494 PRO PEOPLE STAFFIPVG SERV INC. 11,949 TEMPORARY EMPLOYMENT SERVI 1,115.97 12,157 TEMPORARY EMPLOYMENT SERVI 1,188.52 12,371 TEMPORARY EMPLOYMENT SERVI 1,112.51 Total : 3,417.00 9165 5N5l2006 000322 QWEST 509-921-6787 5118 PHONE CHARGES-MIRABEAU SEC 42.63 Total : 42.63 9166 5115l2006 000952 RECALL SECURE DESTRUCTION, SERV 7823393 DOCUMENT SHREDDING SERVICE 31.53 Total : 31.53 9167 5/15/2006 000358 REGOR, NINA 5/9/06 NR Reimb. REIMB. TRAVEUMILEAGE 138.84 , • Total: 138.84 9168 5/15/2006 000341 R1COH CORPORATION 06060016936 COPIER LEASE PAYMENT 238.92 06069998940 COPIER LEASE PAYMENT 246.53 06069999346 COPIER LEASE PAYMENT 412.68 Total : 898.13 9169 5115/2006 000297 SCHOLTENS, TOM 518l06 TS Reimb. REIMB. FOR PUBLICATIONS 15.00 Total : 15.00 9170 5115/2006 000709 SENSKE LAWN 8 TREE CARE INC. 1351670 • MONTHLY CONTRACT BILUNG 48,822.92 1351671 ' CENT. TRA1L M10NTHLY CONTRAC" 1,900.50 • Total: 50,723.42 9171 5/15/2006 000935 SERVICE PAPER COMPANY 30370403 41061 JANITORIAL SUPPLIES-CP 566.30 Total : 566.30 e: 4 ~ ; vchlist Voucher List Page: 5 0511512006 5:32:52PM Spokane Valley Bank code : apbank Voucher Date Vendor Invoice PO # DescriptionlAccount Amount 9172 5/1512006 000230 SPOKANE CNTY AUDITORS OFC, RECO Stmt date 514J06 COUNTY RECORDING FEES 637.00 Total : 637.00 9173 511512006 000090 SPOKANE COUNTY INFORMATION, SYS 60429 COUNTY IT SUPPORT 15,984.89 Total : 15,984.89 9174 5115/2006 000308 SPOKANE COUNIY PROSECUTING, ATl 4l06 Pros. Atty CRIME VICTIMS COMP. FUP1D 883.11 Tota I : 883.11 9175 5115/2006 000323 SPOKANE COUNTY UTILITIES 015364l065364 SEWER CHARGES 5/06 167.77 016631/066631 SEWER CHARGES 5106 27.68 0170221067022 SEWER CHARGES 5106 78.80 0244331074433 SEWER CHARGES 5/06 78.80 0316081081608 SEWER CHARGES 5/06 255.19 034354/106428 . SEWER CHARGES 5l06 62.68 0370591109325 SEWER CHARGES 5l06 62.68 Total: 733.60 9176 5/15/2006 000406 SPOKANE REGIONAL CVB 4-28-06 vontract TOURISM PROMOTION 16,814.00 • Total : 16,814.00 9177 5/15l2006 000939 SPRAGUE & SULLIVAN MINISTORAGE 12435 CP STORAGE RENTAL 119.00 Total : 119.00 9178 511512006 000093 THE SPOKESPvrAN-REVIEW INC. 42365 4/3Ul06 ADVERTISING 66.72 Total : 66.72 9179 5N512006 000167 VERA WATER & POWER 0001-0319871.02 STREET LIGHTING POWER CHARC 7324 0001-032805.00 STREET LIGHTING POWER/WATEF 19.48 0002-001425.01 STREET LIGHTWG POWER CHARC 164.92 OOQ4-000755.01 STREET LIGHTING POWER CHARC 158.02 Total : 415.66 9180 511512006 000964 VOLT 14410786 TEMPORARY EMPLOYMENT SERVI 396.00 14447267 TEMPORARY EMPLOYMENT SERVI 495.00 Total : 891.00 9181 5N5/2006 000098 WA CITIES INSURANCE AUTHORITY SV042606 REGISTRATION FEE 35.00 • Page: 5 vchlist Voucher List Page: 6 0511512006 5:32:52PM Spokane Valley Bank code : apbank Voucher Date Vendor Invoice PO # DescripiionlAccount Amount 9181 ' 5/15l2006 000098 000088 WA CITIES INSURANCE AUTHORIT (Continued) Total : 35.00 9182 5/1512006 000038 WASTE MANAGEMENT OF SPOKANE 0032520-2681-4 WASTE DISPOSAL SERVICE 61.49 1719404-2681-9 WASTE DISPOSAL SERVICE . 313.33 . Tota I : 374.82 . 9183 5/15J2006 000734 WSDOT CASHIERS OFFICE 5-4-06 01175CN 40977 WSDOT ROUNDABOUT TRAINING 150.00 Total : 150.00 9184 5/15/2006 000089 XO COMMUNICATIONS, INC. 0207064072 TELEPHONE SERVICE 1,529.37 • Total : 1,529.37 51 Vouchers for bank code : apbank Bank total : 201,731.92 51 Vouchvrs in this report Total vouchers : 207,731.92 I, tha undersigned, do certify under penalty of perjury, that the materials have been furnished, the services rQndered, or tfie labor peAormed as desuibed herein • . and that the claim isjust, due and an unpafd obligation against the City of Spakane Valley, and that I am authorized to authenUcate and certify to said daim. ' Finanoe Director Date CDe: ~ 6 CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: 05-23-06 City Manager Sign-off: Item: Check all that apply: x consent ❑ old business ❑ new business ❑ public hearing ~ ❑ information ❑ admin. report ❑ pending legislation AGENDA ITEM TITLE : Payroll for Period Ending May 15, 2006 GOVERNING LEGISLATION: PREVIOUS COUNCIL ACTION TAKEN: BACKGROUND: OPTIONS: RECOMMENDED ACTION OR MOTION: BUDGET/FINANCIAL IMPACTS: Gross: $132,263.67 Benefits: $ 14,679.16 TOTAL PAYROLL: $146,942.83 STAFF CONTACT: Jason Faulkner ATTACHMENTS ~ DRAk'T MIn'MS City of Spokane Vallcy City Council Executive Session vionday, May 8, 2006 Atterrdance: Councilmembers: Staff: Diana Wilhite, vlnyor Dave Mercier, City Manager Aick Denenny, Coiuicilmember Nlina Regor, Aeputy City Manager Mike DeVleming, Councilmember Gary Driskell, Deputy City Attorney Bill Golhmann, Councilmember Mike Jackson, Parlcs & Rec Director Rich Niunson, Councilmember Trish Burns-Hart, Muman ResAUrces Analyst Gary Schimmels, Councilmember Absent: Steve Taylor, Deputy lvlayor EXECUTiVE SESSIQN: Mayor Wilhite called die meeting to order at S:UO p.m. It was thcn mvved by Councilmernber DeYleming, seconded, uncl :niariimously agreed to excuse Deputy llliryor Taylor from toniglit's nreeting. It was lhen moved by Councilnrember Scl:imnrels, seconded, und tutaiiimously agreed lfral Coiorcil adjota-n into F..xeculive Session for t61e purpose of tliscussing Tnbor rregotiatiom, wilh no action anticipated thereafter. Cnuncil adjourned into executive session. . , t1C 6:34 p.m. Mayor Wilhite declared Council out of Fxccutive Session. It tivas moved by Coznzcilmember Devleming, seconded, and tnranirrrously ugreed to adjo:irn. The meeti.ng acljourned at 6:35 p.m. Diana Wilhite, Mayor A1'TEST: Cliristine Bainbridge, City Gcrk Council Minutes: 05-08-06 Page I of I ' Approvcd by Council: ' DRAFT 11T,NUTES City of Spokane Valley Cily Cc►uneil Regular Meetiag Tuesday May 9, 2006 Mayor Wilhite called the meeting to order at 6:00 p.m., and welcomed everyone to the 91" meeting. Attenctunce: City StcrJf. Diana Wilhite, Mayror Dave Mercier, City Manager Stevc Taylor, Deputy Mayor Nina Regor, lleputy City Manager Dick llenenny, Councilmernber Cary T)riskell, Deputy City Attorney Mike DcVleming, Councilmember Marina Sukup, Community Development Director Bill Gothmann, Councilmember Ken Thompson, Finance Director Rich iMunson, Councilmember Neil Kersten, Public Works Director Gary Schimmels, Councilmember Mike Jackson, Parhs R Rec Director Scott Kuhta, Senior Planner Cal Walker, Police Ch.icf Carolbelle Branch, Public lnformation Offcer Tom Schaltens, Building Official Morgan Kaudelka, Administrative Analyst Greg "Bing" Bingaman, IT Specialist Chris Bainbridge, City Clerk : INVOCATTON: PastQr Manuel Denning of Fountain iMinistries gave the invocation. PLEDCE OF AC.LEGIANCF: Mayor Wilhite led the Pledge of Allegiance. ROLL CAI.L: City Clerk Bainbricige caUed roll; all Councilmembers were present. APPROVAL OF AGENDA: Councilinemher Munson stated he would like to add an agenda item #8a concerning a proposed Cable Franchise Bill. It ►vas lhen moved by Co:nrcilmemher Aqurasolr, seconcled and unaniinously agreed to approve the ugendu us umended lNTRQDiJCTiQN QF SPECIAL CUESTS ANll PRFSFNTATIONS: None. COMM:rTZ'F•F, .BOARI7, LIAISON SU1IALARY RFPORTS: ' Couocilmember Schimmels: reported diat he attended a Weed and Seed meeting last week, which was well represented by the Sheriff's Offic;e anci police officials; but poorly attended by the public. Councilmember Gothmain: esplainecl that hE attended several cneetings, including a Chlmber of Cnmmerce business meetina where they discussed planning Cor new Facilities; a SNAP meeting; and a Special Regional Health llistriet Awards ceremony; and that he attended a law enforcement memorial eeremony at the courtllouse. Councilmember Munson: stated that he attended a risk semina.r by the Association o# Washington Cities on how Uest to put together an insurance pool; that today he attended a Board Of County Commissioners meeting where population allocation numbers were discussed, and that he testified on behalf of the Steering Comrnittee of elected officials, and that Greg MeCormick spoke for the City; that they recommended a medium number as opposed to a large number and of thc eight people speaking, no one supportcd a large aUocation number; and that the Board Of County Cornmissioners postponed dieir decision until they have a chance to further retlect on the subject, and that it is possible a decision will be made at the lvtay 23 meeting. MAYOR'S RFPORT: Mayor Wilhite reported that she attended the Association of Washingron Cities Nominating Committee for officers for the state association; and that she atkended today's reeeption for Council Mccting: 05-09-06 Paee 1 of 7 Approved by Council: DRA FT city staff and Planning Commission in eelebration of the completion of the Comprehensive plan. vtayor Wilhitc then read three proclamations, with each proclamation followed by comments from the associated ~ agency: (1) "Older Americans Month" with comments by Diane Smith, member of the Aging and Lcmg Term Care of Eastern Washinoton Planning and Management Council; (2) "National Safe Boating We.ek" with comments from Jim Kelley of the Coast Guard tluxiliary; and (3) "'1"ourism Week" with comments from Harry Sladich, Spokane Regional Convention Visitor's Bureau President and CEO. PUBLIC COMVLENTS: Rob Nordhao-en. 6708 E Annlewav: commented on the signage issue; said he docs not understand why flags and pennants are signs, and that the sign ordinance is confusing; he said the definition of a sign does not include streamers, nor does the definition of streamers inclucle sigms; he stressed concern having to secure pcrmits for the strEamers, putting them up and taking them down, at $50.00 for every quarcer, chaC it appears to him that somediing got written wrong as there is nothing addressed in the ordinance abAUt streamers, which is his main concern. Mayor Wilhite said that a member of staff will baek to him on this ' issue. Richard Schatzka, 19108 E 2nd: he encouraDeti council to pass the O1ZV ordnance and said that he is still being plagued by those folks; and he thar►ked Mr. Driskell and Mr. Connelly for their support:; adding he is anxious to get this issue behiiid him. Dqnald F. Hess, owner Town & Countrv Auto at the corner of Pine,a &,F3roadwav: voieed his concern about the proposal of changing Rroadway; said he has had his business there for 16 years, has secn very few bil:es; that he left about 5:20 tonight to get here and he sat though two red lights trying to get out of the lot onto 4roadway so he could turn on Pines. He said that if we did a neig}tborhood survey he thinks we would discover that people would not be happy if they knew how long it would take to back out of - their driveway; and also that il would contribute to property depreciation; he said Council could better and ~ spencl money on something more profitable then a Si.m.miek to try to give people a ride on a bike. 1. CONSEiNT ACENbA: Consists of items considered routine which are approved as a group. A Councilmember may remove an item from the Consent Aoencla to be considered separately. a. Following claim vouchers: VOUCHEEt LIST DATE ~ VOUCHER #s ~ TOTAL VOUCkl.F.R AMOUNT 04-24-2006 ~ 8985-9037 ~ $88,48333 ~ 04-28-2006 ~ 9038 ~$6,527.19 ~ 04-28-2006 ~ 9039-9071 ~$1,733,285.95 ~ GRAND TOTAL I ~$1,828,296.47 b. Payroll for Pay Perind Ending April 30, 2006: $200,784.91 c. ftesolution 06-011 Setting Planning Commission Public Hearing for Street Vacation Request STV-02-06 d. Minutes ofApril 18, 2006 Special Council Meeting e. Mi.nutes ofApril 25, 2006, Regular Council Meeting f. Minutes of May 2, 2006 Council Study Session Meeting It wa..r nroved by Depuly 11luyor Taylor, seconded, and unanimously passed to approve the Consen! Agertda. ' NEW BiJSINESS . 2. Second Reading Pronosed Qrdinance 06-012 AmendinQ Regulations for Off-road Vehicles - Mike Connellv/Carv Driskell After City Clerk Bainbridge read the orcti.nance title, it tivas moved by Deputy lVfayor Taylor and seconded, ` ta approve Ordinance 06-012. Deputy City Attorney Driskell explained that there have been no changes to this ordinance since the first reading; and briefly explained the background oF the ordinance. It wus Council Meeting: 05-09-06 Page 2 of 7 Approved by Couneil: D RAt"T moved by Deputy Aluyor Taylor crrtd seconded by Coanicilmember .l>eVleniing, to antentl the motion to preclude UR-1 zattes from lhis particular prohibitian und alloiv the use oJ ORV's in UR-1 clesignafed zones. Deputy ylayor Taylor explained that lhere are some areas in the City more rural in character, that are or will be zoned UR-1; that some areas include several acre parcels where it would not be a nuisaclee to have an ORV uscd on those properties; and he stated his opposition to the ordinance as written as possibly being ton broad. Council discussion continued concerni.no size of parcels, small parcels surrounded by higher densities; reSulatinc, the peace and quite of parcels bordering the one-acre lots; and whether this should apply to UR-1 areas in ponderosa andlor Rotchfnrd. Vo1e by Acclanznlion to umend the agenda.• Tii Favor: Deputy Mayor Taylor; Oppo,red• Mayor Wilhite, Coinicilnren:bers Schintmels, Denenny, Gothmarlrr, DeVleming, ancl 1Wun,son. Abstetttions: None. Maliott jailed. City Manager Mercier mentioned that we have a complaint-driven enforcement program. Mayor Wilhite invited public comment. GaiJ Stiltner 10119 E 44`h Avenue: said she feels it will take the wisdnm of Solomon to mlkke t:his right; that she knows people in the Ponderosa area are very interested in this issue; she realizes you can't legislate respect for people yet there must be some way to solve this, and she stated that perhaps this ordinance is not the right way to go; that someone using an ORV on their own property that creatcs a noise or nuisance problem to a neighbor, should be treated as any other nuisance problem like barking dogs, or hot-rodding at midnight; that she would like to see those areas strengthened rather lhan a prohibilion on off road vehicles in placcs with acreages; she mentioned she spoke to sorne of the kids who ride the ORVs, and they stated they have no place to go; she suF,gestecl we need to give them a rcasonably safe place that won't harm the land or infringe on other's rights. Ricllard Schatzka, 19108 F 2"d: said he is in support of the ordinance and is surprised at the "last hour" - discussion; that he hopes not to reverse course and wants to put lhis be}iind him; that the pcople using the track are now urinsting in public; that this activity seems to happen every weekencl; aod the people have no regard or respect for their ncighbors; that it often happens at 10:00 p.m. and that it has to stop. Clairc Penel 19109 E 4ffi: said that he lives next door to the race unit; that he formerly owned the propertiy; that the current owners run as many as fve ORVs at once; that the track is too small and five are too many; and they can't sit outsicie because of this problem; and he asked when the six months would starc. Mike Fdwards, 19205 E 4'h: erplaincd that 11e lives next to Claire; that he encourages passage of this ordinance; and as a neighhor east to the problem, he still hears the problem; Chat it is a constant problem; and it does prevent neighbors from having pcace aiid quite. Mayor Wilhite invited further public comments. As none were offered, City Clerk 13ainbridge read the May 9, 2006 e-mail from the Halversons, adding thei.r encouragement to Council to pass the ordinance. Council discussion included comments of trying to help the majority of the peaple in dle cammunity; the efforts of the legal staff in drafting a rea5onable ordinance to address the issue; that this issue is not merely coctfined to one section of the City; that Council lries to balance die right to use property aiid the ribht to peace and quite in the neiahborhood; and that lhe real issue is neighbors being unkind or unfriendly to other neighbors. Vote by Acclunzution: Irt Favor: Mayor Tfrilhite, and Coisncilmembers Schiinmels, Denenny, Golhmmni, DeYlenting, and Mimson. Opposecl: Deputy Mayor Taylor. Abstentions: None. Motion curried. In response to Council quesCion to clarify when the sir months begins, Attorney Driskell said the six • months begins after the effective date of the ordina.nce, which is 6ve days after publication; but that the . provisions prohibiting new or expanded off road vehicle use will be effective on the effective date of the ordinance; adding that he will continue to monitor the situation and if complaints are issued, staff will check for violations. Council Meeting: 05-09-06 Page 3 of 7 Appraved by Council: , DRAFT After brief Council discussion cancerning the need for the six mnnth period, Mayor Wilhite stated that ~ , Couneil can discuss the ramifications of the si;c months with the City Attorney later. 3. First Readina Proposett Ordinance 06-013 ReRulatina Loao Use - Carv Driskell After City Clerk T3ainbridge read the ordinance title, it was moved by Deputy Mayor Taylor and seconded to su.cpentl the rules and pass ordinarrce 06-013. Deputy City Attorney DriskEll explaineci that changes were incorNorated in the ordinance per Council's discussion last week; and if Council approves this orclinanee, staff will prepare a resolution setting a style and standards guide for the logo. Mayor Wilhite invitcd public comment; no comments were off'ered. I1 ivas moved by Cou►rcilnrember DeVleming anul secontled to clrange the word "plaques" with "itenu of recagnitiori." Vote to amend the mouon: In Fcrvor: Unmrirnow. ppposetl: iVone. Abstentioru: Alorre. Motion curried The arneiided motion tivas then votecl upon: Li Favar: Urranimoils. Opposed: NonE. Abstentions.• 1Vone. Motion carried to suspend the rules and pass ordinance 06-013 with the change in section 3 as notcd above. 4. Motion ConsideratiAn: ContrticC Award for Soraeue/Aoplewav Subarea Plan - Marina Sukua/Scott . Kuhta Senior Ylanner Kuhta explained that Council previnusly received an update on contraet negotiations for , the Sprague/Appleway Corridor Subarea Plan; that staf_f has further examined the proposed Scope of Serviee and the budget proposals of the consultants; and that staff is pleased Co bring forth a final contract proposal and detailed scope of servicc. Mr. Kuhta also briefed Council on the proposed timeline as shown in the materials accompanying his presentation, including the phasing of the project. He further eYplained that stakeholdcr and community workshops are very important in this process a»d tliose will be scheduled; and that once Council chooses the final alternative, phase three will begin which is implemeiiting community intent; which is where the final subarea plan is developed, which i.ncludes a full coding, regulatory framework for the entire corridor and includes the City center and all assaciated -l segments. Mr. KuhLa explained that the first two phases shou(d be completed by the end of this year, with the regulatory part coiTipletcd early spring next year. Mr. Kuhta also mentioned that the entire project amount is slightly over $400,000; that staff made sure there were no duplications of services among the consultants, and that staff worked hard to get this project eosC down tn this amount, and remi.nded Council that the entire project can be split between fwo fiscal budget years. It was ntoved by 17eJruty Mrryor Tuylor aird seconded by Councilmember Denenny, to authorize the City Manager to execute a contract with ECO rVortlrwest, Freedmcm, Turg & 13ottomley, Glalting Jackson, and Studio Cascude in the amottnt of $428,972 for the developmerit of the Sprague/Appleway Corridor Suburea Plair. Maynr Wilhite invitecl public comment; no comme.nts werc offered. Council discussion included positive comments concerning budgeting this project over hwo budget years; having this study done first does noC preclude the incrementnl implemenlation of the plan (e.g. starting at Auto Row and moving down the steeet) should Council decide upon that approach; and positive commeiits concerning the consultants. Yote by Acclmmation: In f%avor: Unuriimous. Opposed.• IVone. ilbslenlionu: tVone. Alolion carried. 5. Motion Consideration: Consultant Scrvices Avreement for the StreEt Master Plan -Neil Kersten - Fublic Works Director K.ersten gave the background of tlie street masterplan as noted in his Niay 9, 2006 Request for Council Action; that two responses were received with staff recommending JUB Engineering. Mr. Kersten brought Council attention to the. accompanying detailed scope of work and the phascs ancl costs of the project, adding that the contxact would be funded from the Street Fund. lt was moved by Caznicibrrember Gothmann and seconded by Courrcilmerriber DeYlenring, to approve the contruct witlt . JUB Engirieers for the Street McrsterPlatr Project in the amounl of 5435,470.00. After brief posilive council comments, IvL-iyor Wilhite invited public comment. Marv Pollard. 17216 E. Baldwin: asked if this is going to hclp define eoncurrency of the streets and to make sure we have community concurrency in the neighborhoods. Mayor Wilhite indicated siaPF will respond later, co Ms. Pollard's question. Council Meeting: 05-09-06 Page 4 of 7 Approved by Couticil: DRAFT 6. Motion Consideration: Hearint Examiner Atreemerlt - tilorean Koudelka It rvas nroved by Councilmember .TaeVlerning mid secv►zded, to autliorize the City Alrnrnger to umend the Ilearing F-xamitrer Agreement C06-14. tldministrative Analyst Koudelka explnined that the County adjusted the hearing examincr rate to include non-productive hours, such as vacation, sick leave, bre.aks, training, and other non-billable timc so that we will pay for a share of all heari.ng cxaminer costs; and that this is similar to settle and adjust agreements in which our usaac rate is applied to all costs of service. vlr. Koudelka stated that the estimated cost for 2006 Hearing Examiner services will increase from $43,352 to $55,307; and that the addendum to the agreement (inclucling a new Exhibit 2), wa.s included in the council packet; and that sLaFf recommends approval, Mayor Wilhite invited public comment. Chuck Hafner, 4710 S VVoodruFF. said there are many developments beginning to happen in his (Ponderosa) community which puts A time concern relative to the Hearing Examiner; that there have been times already where they arc Iooking at retired judges that might assist; or at the City of Spokane's Hearing Officer lo pive some assistance; and diat his concern is by limiting the number of hours, il will also limit the time the Hearing Examiner will be able to do his work; and if there are toq many developments and too many hearinos, Mr. FIafner doubts that the eYaminer will be able to acciirately do the job he was hired to cfo. Mr. Koudelka furthcr cxplained that the number of hours the hearing examiner works on cases will not be reduced; that this simply factors in time that the hearing examiner spends on other matters which are not billable to clients, such as training, vacatian, breaks, etc.; which are classified as non-productive times. Yote byAcclaniation: !n Favor: C/itanimaus. Oppo..red.• None. Abstentions: None. Molion carried. 7. Motion Consideration: Acquisitinn of State Park Lands - Mike Jackson 1'arks and Recreation L7irector. .Jackson explained that April 28, 2006, the City became aware of the proposed auetion sale of several pareels of Washington State Park property which lie within the City of Spokane Valley; tllat the Washington Pvks and Reereation Commission seheduled a public meeting concerning the potential auction of Yhesc paraels, for May 11, 2006 widi some determination of the land set for June 22 whcn the commission votes; and that he feels open space is critica( to recretition activities. It ivas moved by Deputy Mayor .Tuylor and seconded lo tlirect the Crry jWnnager or his designee to submit fornurl irotifrcution to the Washingtan State Purks rnzd Recrealion Commission expressitig the Crty's desire to acyuire and mar:age the surplus State lcnrds Iacuted on the narth side af the ,Spoka»e River and lying withiri ll:e City's houndaries. Director Jackson furtlier stated that the primary goals are to hold onto property; but actively evaluate all properties against criteria and added thal the County is looking at lhis from the same aspect as we are, which is to have the property transferred. Mayor Wilhite invited nublic commenl. Dick Behm. 3626 S Rideeview L7rive: said hc was on the original board dhat built the Western Dance Hall; that the property was originally pert of the state and was surplused; that the Department of Transportation turned the property over to the County undcr the condition it be used for recreation purpnses, with the NVestern Dance Association }iolding a 25-yea.r leasc; tttat the County ag-eed lo put in a wel] and the Westem 17anee A$sociation agreed to furnish restrooms; thal the border doesn't seem correct as the County Nvould not have put a well into a state park property; and that he encourages our pursuit to keep that pronerty in public ownership. MarvPollard, 17216 E. Baldwin: said she wrorkecl hard as a neighborhood to bring this issue to the City's attention; that she urges Council to pursue the land; that they have 64 signaYures if support is needed; and that she would appreciate council taking action on this item; and she hantled the City Clerk her Niay 9 letter voicing suppart for the property acquisition. Yote byAcclamation: Jn Fuvor: Uncmimoats. Opposed: iVone. Abstentions: None. iVotion carried. Council Meeting: 05-09-06 Page 5 of 7 AUproved by Council: DRAFT 8. vlotion Consideratiqn: Schpol 7Jone Nlashine Light Proiect Grant-Neil K.ersten ~ It wus movecl by Deputy Mayor Taylor and secondetl, ta accept the Washingtort Traffic Sajely Contmission Grant for Schop! Zane T7aslring/Radar Boards ifr tFre anro:int of $35,600. Public VVorks Director Kersten explained that public works submitted a graiit requesc to the 1Vashington Traffic Safety Commissinn to purcliase and install four flashing yellow lighting/radar board systems for the vieinity of Progress Elementary aad Univcrsity Elementary. 17irector Kersten esplaincd that the equipment needs to be purchased on or before June 30, 2006, with instnllation to be completed by September 1, 2006; that wc purchase the items and bill the Washingtori TraETic SafeCy Commission for eeimbursemcnt no later than siYty days from the date of the approval letter, or from April b, 2006. Mr. Kersten added that they are siibmitting funding requests for four more grants for lights only (no radar), adding that all the elementary schools are located on arterizls. Mayor Wil}iite invitecl public cnmment; no comments were offered. Vote by Acclainatinn.• In ly'avor.• Unanimous. Opposed: None. Abstentrons: None. Molian carried. a. E.r3nclrise Dill and C:oner.c.s~:ti..~man 1cA9oms (addecl aae.nda i eml Counci(member Munson explained that consensus is needed to move forward with this item; that Congress is considering a bill entilled the "Communications, Opportuni 'ty, Promotion and Enhancement (COPL) Act;" which is a telecommunications bill that passeci the House Energy and Commeree Committee on April 26, witli action by the full House e:cpected this month; that the National League of Cities has issued a call to action for all local officials to contact their representitives in Congress and tell them to vrote no on COPE. Councilmember Munson explained that this bill would strip meaningful, authority away from ciCies; wnuld eliminate local franchising of video/cable service, would preempt loeal oversigilt of the rights-of way and provide insufficient enforcement and audit authority, and would • undermine loeal gnvernments financially by limiting revenues, and it would oppose "build-out" obligations on the presumption Ihat market competition will bri.ng high-speed service to all consumers. He further erplained that this bill would strip local govemments of their authority to franchise the use of _ the rights-of-way; and that consumers woulci have to contact the federal government with concerns about their television or advanecd intcrnet services; and finally that the measure wnuld allow service providcrs " to pick and choose which neighborhoods get premium services a.nd which get no serviee at all. , Cnuncilmember Munson proposcd we follow the lead of the City of Spokane and Comcast and send (via e-mail) a letter to Congress«roman McMorris asking her tn oppose the bill; and to allow Mr. Mercier to draR the letter in order to transmit the IetYer as soon as possible. Alt:hough Deputy Mayor Taylor indicated he would like more infonnation before sending the letter, Councilmember Munsnn replied that time is of the essence. It was moved by Courtcilmember DeVleming and ,reconded by Councilmember - Mr.rrrson, to send the letter. Mayor \Wilhite invited public comment; na camments were offeeed. Yote by ACClanralrUn: bt Fmor: Mayar Wilhite, untl Cauncilmembers Munsorr, DeVleming, aizd Gothnrann. Opposed.- 17eputy Mayor Taylor and Cozutcibnembers Schiirunels and Denenny. Abslenlioris: A'one. Aiotion carried. PiTBLIC COMMENTS Marv Pollarii. 17216 E. Baldwin: stated she fcels this is agnod time to bring up the need fnr a Parks I3oard for the City; that such board cvuld reach across and help build the communil•y; and also that during their neighborhnod meeting they expressed a desire for Mission Avenue to havc a lower speed limit; that she realizes the only ones who can lower a speed limit is Council, and she asks for a motion to do tfiat. Mayor Wilhite called for a recess at 8:10 p.m.; and reeonvened the meeting at 8:20 p.m. ADIVIINISTRATIVE REriORTS: 9. Mazard lnventorv Analvsis Renort - Tom Scholtens Building Official Scholtens explained that staff learned October 2004 that a Hazard Inventory and Vulnerability A.nalysis was required to be developed and approved prior to any federal disaster mitibation ~ funding granted fo the City; and the Community Developmcnt Department began working with the Fire and Police Chiefs to develop that plan, wfiich they latcr leamed would actually be a Spokane County- wide analysis. M.r. Scholtens €urther e.cplained that staff became invrolved with the Spokane County Council Meeting: 05-09-06 Page 6 of 7 . Approved by Council: DRAFT Hazarcf Vlitigation Committe in Seplember 2005, which was formed at the request of Spokane City/County Emergency Management Department; and all involved worked to develop a Uraft Vlitigation ancf Objectives Plan. Via his PowerPoinc presentaeion, N1r. Scholtens gave an update of the project, ' including the goals and objectives, and sLatecf that the next steps after the 1'lan is approved'at the State level, is to return to the local jurisdictions for that aUproval. Cowicillstaff discussion included that drills are not nlanncd; gctting the utilities involved on thc committce (Chuck Hafner rcported that no one from the Water Department is involved at this point); the main objective of the committee was to develop the overall plan which enables jurisclictions to apply for FENiA funds; and that disaster recovery is a f'unctiqn of the llepartment of Emergency Management. 10. Dralt Customer Service DeFinition -Nina Reeor Dcputy City Manager Regor explained that one of Council's Isst year's goal was to have an official customer service program; and dhat the first step of such a progranl is to define what customer service means; that the interdepartmental task force dralled that cierinition as erplained in her PowcrPoint presentation. Council thanked is Regor for the presentation; and vls. Regor mentioned that die plan will be f nalized and eventually inclucled as part of the City's webpage. l 1 CenterPlace Technoloev - Mike Jachson I'arks and Recreation i7irector Jackson explained that staff previously presented various oplions to Council concerning installation of .fiber-optic cable at CenterPlace; and part of that discussion included the possibility of Tl lines ratller than fiber option. Mr. Jackson esplained that they are revising that again and now have tliree T1 lines; but that overall it was determined that the best alternate is the use of fiber to connect City I-Iall to CenterPlace; adding that IT Specialist Bing is working on the details widi Columbia Fiber. Direetor Jackson also mentionect that the reeurring monthly fees (with the fiber use) would be approximately $1300.00, compared with the current inonthly cost of $435, plus the builcl cost estimated al' $23,000. In response to council question, Mr. Jackson indicated further sttidy would be needed concerning vidco-conferencing transmitting, and if that were pursued, it would be more of a viewing site rather than a transmittin; site. 17irector Jackson concluded that he is open to gLiidance at this point, that they are serving the current needs, but will likely need fiGer in dhe future. After Council/staff discussion on the topic, including what Comeast does or does not cunently provide, it was concluded that Mr. Jackson will find out what service is needed or «fiat would he optional to provide, and theti determine what type of technolol;ry will be needed tn accomplish that goal. It ►vus moved by Councilirzen:ber DeYlen:ing, secorrded, aiid an:ariimously agreed to adjo:irrr. II7e nreetrng udjournetl at 8:52 p.m. AT"I"EST: Diana Wilhile, Mayor Christine }3ainbridgc, City Clerk Council iMeeting: 05-09-06 Page 7 of 7 ApprOved by Council: DRAFT ' M7NUTFS CITY OF SPOKA►\rl', VA.LLEY CTTY COUNCIL STUDY SESSTON Tuesday, May 16, 2006 . Mayor Wilhite called the meeting to order at 6:00 p.m., and welcomed everyone to the meeting. Presertl: Councilmembers: Staff: , Diana Wilhite, Mayor Dave Mercier, City Manaacr Steve Taylnr, Deputy Mayor Mike Connelly, City Attorney Dick T)enenny, Councilmember Mike Jackson, Parks & Rec Director Mike DeVleming, Councilmember Ken Thompson, ri.nance lairector Bill Gothmann, Councilmember Tom Scholtens, Building Offieial Rich Munson, Councilmember Steve Wnrley, Senior Enaincer Gary Schimmels, Councilmember Neil Kersten, Public Works llireclor Inga Note, Senior Fnginecr - Traffic Carolbelle Branch, Public lnfornlation Officer vIarina Sukup, Community Development Dir. Greg, "Bing" Bingaman, IT Spccialist Chris Bainbridge, City Clerk Jlmployee Introduction: Jerrnifer Cusick, Xecreation Caordinator - by Mike Jacksorr, Parks cg Rec Director Parks and Recreation Director Jackson introduced new Recreation Coordinator Jennifer Cusick, who recently moved here from Mercer Island where she was that city's recreation coordinator for approximately seven years. Councilmembers welcomed Jennifer to the City. 1. Communitv Ernereencv Resnonse Tearn ProLram (CFRT)- Bruce Wamner, Fire District # 1 F3ruce Hamner of T'ire laistrict 41, gave a presentation on tlie Community Emergency Response Tearn (CER1) Progrun. He e:cplained the history of the program, what it does, how they train citizens, and what it can do for us; that it was originally devised about twenty years ago in Los Angeles, and about 1993 FEN1A adopted it as a nation-wide, universal program. Mr. Hamner said Lhe program trains citizens te be self sufficient cluring times when emcrgency resources would be limited; that the training is a seven- week, one night a week initial class, with classes lasting about three to four hours a night; the progam teaches citizens how to tal:e care of self, then family, then community. Mr. Hamne_r stated that this area is ratEd i.n the top ten for not having natural disasters; but is also rated in the top ten for areas with top terrorists in oiir back yard. He further eaplained that prima.ry areas of concem in this are3 are wild fires and ice stonns, or anyttiiclg that stretches the resources thin; and he stated dley have trained approXimately 75 people living in our city limits. Mr. Hamncr said that he is hcre to solicit some intcrest; and he will leave some applications with the Clerk for anyone who mig t be interested. The next seven- week class is scheduled for Scptember; and he explained that they try to limit the class size to about 15 participants. He also mentioned that he would be giving n lecture Thursday night in the 1'onderosa a.rea. Mayor Wilhite thanked Mr. Hamner for his presentation and information, and said that she would see wliat might be done to fonn a brigade. ' 2. Convertine l3roadwav to Three Lanes - Neil Kersten, Steve Worlcv, and Inea Note Public Works Director .Kersten explained that the Broadway Avenue Overlay Project was included in the previously appeoved SiY-Year Transportation lmprovement Plan, as was the application for fecieral grant funding; that the federal grant for the rehabilitation of Broadway behveen Bates Road and Sullivan was a project to improve 2.46 miles of road surface by grinding and overlaying the road with two inches of Mccting Minuces: 05-16-06 Pagc 1 of 4 Approved by Council: IaRATY' asphalt concrete; diat during the course of the project, the issue of possibly re-striping BroadNvay Avenue from four Ianes to three was brought up as a potential way to mitigatE the number of collisions at intersections, and to provide addil'ional bicycle and pedestrian facilitics. Engineer Note t11en w•ent through the PowerPoint presentation which ineluded an explanation of the projeet limits (where it would start ancf end), showed what the four lane versus the lhree lane configuration would look like; and explained the pros and cons of both configurations. Vehicle safety, collision history, and the safety benefits were also eYplained, as were levels of service impacts. Engineer Worley then explained the project's schedule and how it applies, including the necessary timing if Couneil desires to keep moving ahead. He explained that once approved, construction would begin mid-June after school is out; adding that a change order would be necessary to address the re-striping as an additional approximate $45,000 would be nceded; that redirecting some of the signal loops would also be necessary because the road layout would change. Engineer Worley further explaincd the preliminary schedule, and stated hat nntice to proceed would be given the day after school adjou.rns for the summer, or June 20; that the grinding and paving would begin after July 4; and that the pavement has to cure for thirty days prior to pernianent striping; tt►at school starts again September 7, so if a decision were to be made, he explai.ned, staff would need to know quickly to get thc change order processed started and not delay the project in order to have it complcted before school starts. Mr. Worley stated that the time schedule leaves very little flexibility, and he anticipated needing a final Council decision by June 21. Cnuncil and staff discussion ensued regarding the nu.mber and type of accidents in 2003, 2004, and 2005; accidents at intersections; accidenc statistics by numbees and by percentages; that studies suggest a reduction in accidents and in speed should the three lane be implemented; turns from private driveways; and the use of a center lane. Councilmember Munson saicl he would like to know the number of intersections which would benefit from traffic lights, hnw much it wrould cost, the affects on concurrency, the levels of services at inter5ections; and how this change would Ft into an overall traffic stucty in conjunction with the Sprague Corridor. It was determined that Further discussion will be scheduled for the June 6 Couiicil study session; and a motion for convertin ; the lanes and approval of a change order will be set for the June 13 Council meeting. Councilmember Denenny stated for the June 6 meexing, he would like to have some traffic counts on some of the segments of Mission before and after the proposed project area. Mayor Wilhite called for a recess at 7:12 p.m.; and she reconvened the meeting at 7:21 p.m. 3. Ad Hoc Right-of-Wav Commiltce - Tom Scholtens Building Official Scholtens explained that during t6e April 11, 2006 cowicil meeting, staff was directed to develop a proposal for an ad hoc committee to eYamine the non-cut street obstruction permit requirements. Mr. Scholtens then explained the purposc of the committee and proposed committee members as per his May 16, 2006 Request for Council Action Form. Council/Staff discussion included other possible committee members (representatives from Comcast, VJatcr District #3; Spokane County Utilities, Waste Managemenf); keeping the committee to a functional level; what kind of activity would wa.rrant apermit; khat permits historically do not apply to VJaste Vlanagement; that staFF rather dian the committee will examine the fee struchire cvith committee review; potential damage to city property; how franchise holders are included; types and locations of activities and safety and practicality. City Manager Mercier recommended the committee look at tra£fic impediment, safety, and avoidance of damage to public property in addition to the four issues stated in Mr. Scholtens Request for Council Meeting Minutes: 05-16-06 Pagc 2 of 4 Approved by Council: DI2AFT Action form. Mr. Mercier further stated dhat it will bc the City who will look out for public welfare and those assets; manage the rights-of-ways, anci make sure anything done in those rights-of-way are done in a wholesome manner. Mr. Scholtens indicated the ordinance is scheduled for a Planning Commission public hearing Jtme 8; after which the ordinance will come Council with Planning Commission recommendations. 4. Pronased 2006 BudEet Amendment - Ken Thombson Financc D'uector Thompson explained the needed budget adjustments as noted in his Nlay 16, 2006 request for Counci] Action form and accompanying Po-vver['oint presentation; and indicated that the next step is a public hearing scheduleci for May 23. Mr. Mercier mentioned die adjustinents have been reviewed by the Finance Comtnittee as well. 5. Anneal Fees - Mike Connellv/Carv T)riske(I City Alrtorney Connelly reported that Council previously acloptcd penalty provisions to handle code viplations and nuisance violaYions; that the Master Fee Schedule identi.fies appeals •of administrative . determinalions Iiave a$1,000 appeal fee, but it appcars that fee is intended for appeals of land use development; ttiat staff recommends establishing a new fee that is specifically intendeci far appeals of nuisance type adminish-ative determinations, that those violations impose a$500.00 fine and he proposes the S 1,000 fee is nnt reasonable; and therefore suggests lowering the appeal fee (which is non refundable) . to $500.00; adding thttl anything lawer would likely not cover the costs of the Hearing E?►aminer process. It w7s determined that tttis new fee will be added to the fee resolution as it comes baek for further amendment, and that Council concurs to place such fee resolution on the appropriate Council Consent Agenda. 6. Council Budeet Ttems Councilrnember Munson explained that in his further pursuit of lobbyist inforniation, he received an e- mail from Jim Justin st Association of `Vashington Cities (AVVC) giving him names and fees of various lobbyists; and Chae it appears the fees are within Council's range of $30,000 to $50,000; that in addition ro assistance from AWC, lobbyists coulci nssisf the City on issues «fiere AWC and the City might disagree; or in arcas needing further intormation. Discussion ensued concerning the length of time, Pull-year retainer or by the session; federal legislation; keeping cqunci] from being "blind sighted" on issucs: anci having someone hired by September. Deputy Mayor Taylor suggested hiring someone on a full-time retainer with fees iiot to excced $40,000; and to re-evaluate after a year or twn. It was Council consensus to authorize City ARanager Mercier to craft a Request for Proposal (RFP) quoting an hourly rate as well as a retainer rate, to have fecs broken down to determine our specific eosts, especially for auy lobbyist having multiple jurisdictions; to include expenses, that our fee is not to exceed $40,000; and to issue the RFP and bring back the results for Council consideeation. 7•. Advance Agenda Additions • Other than what was previoiisly mentioned toiiight conccrning the Ad Hoc Right-of-way Committee ancl the conversinn of Beoadway to three lanes, there were no suggested changes to the Advance Agenda. Council Check in - Mavor ' Mayor Wilhite brought up the topic of telecommuniuiCions and Mouse Bill 5252 regarding franchise issues; that the lettcr to Ca[hy McMorris has not yet been mailed as Mayor Wilhite wanted to do further research, and mentioned t:hat the vote was pulled off the House calendar for another two weeks; that Mayor Wilhite called the lobbyist for the National Lcague of Cities but has not heard from them yet; that she also called Mc,vlorris' office where she was informed that Ms. McMorris has not decided which direction to go. Mayor Wilhite said she further examined the bill and it appears there are some prntections for cities, and that there might be amendments on the franchise fee. viayor Wilhite said she Vleeti ng \4 i nutes: 05-16-06 Pagc 3 of 4 Approved by Counci(: DRAFT will distribute the drafl letter to Councilmembers for their review prior to sending the formal letier to Ms. ,VlcMorris. 9. Citv Manaaer Comments City Manager Mercier stated that the Board of County Commissioners began their strategic planning process about three wceks ago, and this Thursday will be "rotuicl two;" that they meet 9:00 a.m. to noon on campus in the Public 1Vorks Building, and the next meeting will focus on planning including campletion of their comprehensive plan update as well as other planning issues. Mr. Mercier said he will be in attendance at that meeting. There being no further business, the meeting adjourned aC 8:30 p.m. ATTES'I°: Diana Wilhite, Vlayor - Christine Bainbridge, City Clerk Meeting MinuEes: 05-16-06 Page 4 of Q tlpproved by Council: CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: May 23, 2006 City Manager Sign-off: Item: Check all that apply: ❑ consent ❑ old business ❑ new business ❑ public hearing ❑ information ❑ admin. report (Epending legislation AGENDA ITEM TITLE: First Reading, Proposed Ordinance 06-014 Amending 2006 Budget GOVERNING LEGISLATION: State lavw requires a public hearing and an amendment to our budget when the City will exceed appropriations. Previous Council Action Taken: The City budget for 2006 was adopted in November 2005. The council directed staff, at the May 16 council meeting, to prepare an ordinance to amend the 2006 budget . . BACKGROUND: Budget adjustments are needed to: 1) transfer $2,105,000 to the Service Level Reserve Fund to maintain operating service levels during reduced economic activity; 2) adjust revenue sources to anticipated levels; 3) update the budget for programs and projects carried over from prior years; 4) increase appropriations for contracted services; 5) authorize additional appropriations related to the bond proceeds and a school zone light grant; 6) authorize temporary assistance for Community Development; A more detailed listing of the proposed budget amendments is attached as Exhibit A. OPTIONS: Options include amending the budget, amending the budget for some of the changes or making no amendments. The budget should be amended to comply with Washington State law. RECOMMENDED ACTION OR MOTION: Move to advance ordinance 06-014 to a second reading at the June 13 council meeting. . BUDGET/FINANCIAL IMPACTS: Passage of an amended budget ordinance will provide the authorization to move ahead with these programs. STAFF CONTACT: Ken Thompson, Finance Director Jason Faulkner, AccountanUBudget Analyst CITY OF SPOKANE VALLEY SPOKANE COUNTY, WASHIVGT0N 0121)INANCE NO. 06-014 AV OI7.UTNAr\CE OF 1'HE CITY OF SPOKf1NE VALLEY, SPOKANE COUNTY, WASHINGTON, AMEVDING ORDINANCE N0. 05-029 PASSED BY TAE CITY COUNCIL NOVEM:BE.R 15, 2005 At~iA ENTITLED "AN OR.DINANCE OF T1iE CiTY OF SPOKA.NE . VALLEY, SPOKANE COUiNTY, WASHINGTO\T, ADOPTING A BUDGET FOR THE PERIpD QF .TANUARY 1, 2006 TH:120UGH DUCI+.MBEl2 31, 2006, APPI201?RTAT[NG FUNDS Ai~iD ESTABLISBIING SALARY SCHEDULES FOR ESTABLISHED POSITIONS." NN'HEREAS, subsequent to the adoption of ihe annual budget, it has become necessary to make changes by aclding new revenue appropriations, amenciments, and transferring funds in orcler to properly perform various City f.unctiotts, services and activities; and WHE.REAS, the budget changes set forth in this Ordinance could not have been reasonably antieipatcd or known when thc annual budget was passecl by the Ciey Couneil; anci WHEREAS, the City Council has determined that the bese interescs of the City are served by amending the adonted budget to ceflect anticipated revenue, espenditures, fund balances, and appropriating same as set forth herein. NOW TAEREFORE, The City Council of the City of Spokane Valley, Washington do ordain as follows: Scetion 1. Amended Revenues. Ordinance No. 05-029, as adopted or amended, adoptecl a buciget for the nvelve months ending Jaecember 31, 2006. Each item, revcnue, appropriation, and fimd is hereby amended as follows. . . General Fund of the 2006 budget is amended to include $940,000 representing carryover fund balance from 2045. Sales Tax receipts are increased $1,400,000, gambling taaes are increased $100,000, fines and forfeitures are decreased $100,000, service fees are increased by $85,000, ancl investment earnings are increased by $100,000 for a total increase in fwld revenues of $2,525,000. . Srreet Bond Capital Projects Fund vf the 2006 budget is amended to provicic for an additional approPriation in the amount of $300,000 Fundecl through carried over unrestricted fund balance. A. Barker Bridge Reconstruction Fund revenues of the 2006 budget are amended to provide for an additional $332,400 funded through Federal Grant proceeds. B. Street Operating Fund of the 2006 budget is amendcd to include grant receipts to pay for flashing school zonc warning lights in the amount of $35,600. For purposes of these budget amendments, Exhibit "A" is attached hereto and incorporated by this reference 3s set forth in full. Ordinance 067_ Amending 2006 $udget F'age 1 of 3 REVENUES: FUND FUND ORIGINAL BUDGETED ENDING ~ NUMBER NAME REVENUES AMENDAAENTS REVENUES ( 001 GENERAL $ 29,885,641 S 2,525,000 $ 32,410,641 101 STREET $ 4,131,256 S 35,600 $ 4,166,856 102 ARTERIAL ST. $ 568,655 $ - a 568,655 103 TRAILSlPA7HS $ 23,053 $ - $ 23,053 • 105 HOTEUM07EL $ 400,667 $ - $ 400,667 204 DEBT SERVICE $ 600,000 $ - $ 600,000 301 CAPITAL PROJ. $ 1,210,000 $ - $ 1,210,0D0 302 SPEC. CAP. PRJ $ 1,070,713 $ 5 1,070,713 303 STREET CAP PRJ $ 8,385,843 $ - S 8,395,843 304 MIRABEAU PT $ 783,205 $ - $ 783,205 305 STREET BOND PRJ $ 902,460 $ 300,000 $ 1,202,460 306 COM DEV BLK GRNT $ - $ - $ - 307 CAP. GRANTS $ 8,211,000 $ - S . 8,211,000 . 308 BARKER BRDGE FED $ 558,000 $ 332,400 $ 890,400 309 PARKS CAP. PRJ $ 1,300,000 $ - $ 1,300,000 310 CIVIC BUILDING $ 1,100,000 $ - $ 1,100,000 120 CENTERPLACE OP. $ 300,000 $ - $ 300,D00 121 SERVICE LEV. STAB $ 1,000,000 $ - $ 1,000,000 122 WINTER WEATHER $ 500,000 . $ - $ 500,000 402 STORMWATER $ 1,621,534 $ - $ 1,621,534 501 EQUIP REPL & RES $ 693,257 $ - $ 693,257 502 RISK MGINT $ 189,939 $ - $ 189,939 TOTALS s 63,435,223 S 3,193,000 $ 66,628,223 Section 2. Erpenditures Appropriated. To.appropriate the amendments from the above estimated }`"J • revenues and bcginning unrestricted fund balances fnr each separate fund, the expenditure - appropriatinns for the period January 1 through December 31, 2006 are amended as set forth below. EXPENDITURES/APPROPRIATI ONS: FUND FUND 2006 ORIG TOTAL NUMBER NAME APPROPRIATIONS AMENDMENTS - APPROPRIA710NS 001 GENERAL $ 29,885,641 $ 2,525,000 $ 32,410,641 101 STREET $ 4,131,256 $ 35,600 $ 4,166,856 102 ARTERIAL S7. $ 568,655 $ - S 568,655 103 TRAILSlPATHS $ 23,053 $ - s 23,053 105 HOTEUAAOTEL $ 400,667 $ - $ 400,667 . 204 DEBT SERVICE $ 600,000 s - S 600,000 - 301 CAPITAL PROJ. $ 1,210,000 S - 5 1,210,000 302 SPEC. CAP. PRJ $ 1,070,713 $ - $ 1,070,713 303 STREET CAP PRJ $ 8,385,843 5 - $ 8,385,843 304 MIRABEAU PT $ 783,205 $ - $ 783,205 305 S7F2EET BOND PRJ $ 802,460 S 300,000 $ 1,202,480 306 COM DEV BLK GRNT $ - $ - $ - ' 307 CAP. Gf2ANTS $ 8,211,000 S - $ 8,211,004 308 BARKER BRDGE FED $ 558,000 $ 332,400 $ 890,400 309 PARKS CAP. PRJ $ 1,300,000 $ - $ 1,300,000 310 CIVIC FACIUTIES $ 1,100,000 $ - $ 1,100.000 ' 120 CENTERPLACE OP. $ 300,000 $ - $ 300,000 121 SERVICE LEV. STAB $ 1,000,000 $ - $ 1,000,000 122 WINTER WEATHER $ 500,000 $ - $ 500,000 402 STORMWA7EF2 $ 1,621,534 $ - $ 1,621,534 501 EQUIP REPL & RES $ 693,257 $ - $ 693,257 502 RISK MGMT $ 189,939 $ - $ 189,939 ~ J TOTALS $ 63,435,223 $ 3,193,000 $ 66,628,223 Ordinance 06-_ Amending 2006 Budgct Page 2 of 3 Seetion 3. Street Capital Proiects Fund Established. There is hereby establishetf in the City treasury a fund known and designated as the "Street Capital Projects Func1" for the purpose of constructing, engineering, purchasing right-of-way and paying for related capital construction costs. Section 4. Street Bond Canital Proiects Fund Established. There is hereby established in the City treasury a fiind known and designated as the "Street Bond Capital projects Fund" where street bond sale proceeds shall be deposited until needed for street capital projects. Section 5. Increase in Positions. The City of Spokane Valley's full time equivalent positions are increased from 61.8 to 63.8. . Section 6. Se<<erabilitv. If any section, sentence, clause or phrase of this Ordinance should ae held to be invalicl or unconstitutional by a eourt of eompetent jurisdiction, such invalidity or unconstitucionality shall not affect the validity or constitutionality of any other seetion, sentence, clause or phrase oPthis Ordinance. Section 7. Effective Date. This Ordinance shall be in full force and effect five (5) days after . publication of this Ordinance or a summary thereof in lhe official newspaper of the City as provided ' by law. Passed by the City Council of the Ciry of Spokane Valley this day of June, 2006. ATTEST: Diana Wilhite, Mayor ~ Christine Bainbridge, City Clerk APPROVED AS TO FORM: Cary P. Driskell, Deputy City Attorney Date of I'ublication: Effective Date: Date of Publication: Ordinance . Ordinance 06-_ Amending 2006 Budget PAge 3 of 3 City of Spokane Valloy Exhibit A ~ Amendments to 2006 Budget May 2006 REVENUE EXPENDITURE Fund INCREASE INCREASE Explanation GENERAL Unrestricted reserves $ 940,000 • Trertsfer to Serv. Level Reserve S 2,105,000 Achieve raservo t<►rpet leve! Sa163 tax 1,400,000 - Increase tn current estimato Gambling tax 100,000 - Inucaso to arrrem estimate FineslForfeitures (100,()00) - oeQease co currenc estimalo . Servioe fees 85,600 - Increase to aurrem es?imate Investment eamings 100,000 - Itwestrnent tncome [9 incraasing Mobile data terminals for polics - 200,000 Council autharized in late QS Gommunicatians grant match • - 100,000 Councll authorized in lata 05 Com. Dev, Temp. Help - 100,D00 covncil discussion 4•1e•08 Employee iraining - 20,000 Planned in OS but happened in OB , . General Fund Totais 2,525,000 $ 2,525,000 Street Fund School zone lighf grant $ 35,600 $ 35,600 Grant for flashing lighta 80ND SALE PROCEEDS Unrestrieted reserves 300,000 Street projects 300,000 To use up bond praceeds BARKER BRIDGE Federal Grant S 332,400 Bridge Improv. S 332,400 To increase to 2006 ostimale GRANDTOTALS---> $ 3,193,000 S 3,193,000 ' Other signiftcant changes which did not require a budget arnendment: -PineslMansfield praject has been delayed ($3 milfion reduction) -Bridging the Vafley praject d'od not receive state funding ($2 million reduction). I :Budgetamendux5-1-06 attach A CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: May 23, 2006 City Manager Sign-off: Item: Check all that apply: ❑ consent ❑ old business X new business ❑ public hearing ❑ information admin. report ❑ pending legislation AGENDA ITEM TITLE: Proposed Resolution 06-012 Setting Logo Standards GOVERNING LEGISLATION: Spokane Valley Ordinance 06-013 PREVIOUS COUNCIL ACTION TAKEN: Adoption of Spokane Valley Ordinance'06-013. BACKGROUND: As a result of several requests to use the City's Logo, the Council requested that staff consider drafting an ordinance that would formalize a process whereby members of the public could better understand how and why the City may, or may not, choose to allow a use of the logo. This was accomplished, and the Council adopted Ordinance 06-013 on May 9, 2006. Ordinance 06-013 identifies those uses the logo can be put to, as well as procedural matters related to how permission for logo use is obtained. Section 3(C) of the Ordinance requires adoption of a Logo Styles and Standards Guide via a- resolution which spells out technical , specifications on how the logo may be used. The Resolution 06-012 with attached Logo Styles and Standards Guide is attached to this RCA. OPTIONS: Instruct staff to amend the language in the draft Logo Styles and Standards Guide and/or Resolution 06-012, or adopt fhe Resolution and Guide as drafted. RECOMMENDED ACTION OR MOTION: "I move 'that we approve Resolution 06-412 as drafted. BUDGET/FINANCIAL IMPACTS: N/A STAFF CONTACT: Cary Driskell, Deputy City Attorney; Carolbelle Branch, Public Inf. Officer ATTACHMENTS: Resolution 06-012 with proposed Logo Styles and Standards Guide. DRAF'T CITX OF SPOKANE VALLEY SPOKAxE COjJNTY, WASHLNGTON ' RESOLUTION NO.OG-012 A RFSOLU'TION OF THF CTTY OF SPOKANE VALLFY, SPOK4i~l'F COUNTY, WASH111`GTOV, ADOPTING A SI'OKAN-E VALLE, Y LOGO STYLE AN'U STANDARDS GUIDE. WHEREAS, the City Council established by Trademazk, the City of Spokane Valley Logo, which depicts a mountain and river with the name of die City of Spokane Valley. The Trademark was filed with the Secretary of State for the State of Washington on June 23, 2003; and WHFREAS, Secretary of State Sam Reed certified July 1, 2003, that accorcling to records on file in his office, the trademark "City of Spokane Valley with Design," is now duly registerect to the City of Spokane Valley, in the State nf Washington file 431689, issued June 23, 2043 and expiring June 23, 2009; and WHEREAS, pursuant to RCW 19.77.010, as registered owner of said logo, the City of Spokane Valley has the exclusive right to the use of the trademark; and WkTF:REAS, the City Council adopted Orciinanc:e 06-013 on May 9, 2006, effective May 24, 2006, which specified acceptable uses to which the City logo may be used, and procedueal provisions for requesting permission for sucfi use; and . `VHEREAS, Ordinance 06-013 requires the adoption of a L.ogo Style and Standards Guide for guidance co the public how the logo may be used if permission to use the logo has been provided by the City. N'OW THEREFORE, be it resolved by the City Council of tiie City of Spol.ane Valley, Spokane County, Washington, as follows: ' Section 1. The City of Spokane Valley Logo Style and Standards Guide dated May 16, 2006, and atKachcd to Chis Re,solution as Attachment l, is incorporated herein by reference and adopted for use. Section 2. ReoeaL To the extent that any previous Ciry of Spokane Logo Style and Standards Guide, or similar re;ulations, are inCOnsistent with those set forth herein, they are repealed. Section 3. Effeccive Dace. This Resolution shall be in full force and effect upon adoption. Approved this day of . 2006. AT'I'EST: CITY OF SPOKANE VAL,LEY Chrisline Bainbridge, City Clerk Diana \vilhite, Mayor Approved as to form: . Offce of the Ciry Attorney " Resolution 06-012 Seeting Logp Standards Page 1 of 1 Attwork Rryuunl "clrai s(ntC" marpus Background h oquIva{ant to 116 of tl,e dcighl of tbc omnbinod trtwcMl "rhe Ci of S kune Vull lo ~a consists of ""d 1p1L ty ~ ey ~ Imnge must bc ~ the mountain and rivcr im~e surrounding the ~ reproduced agaia5t , City of Spokane Valley tcxt tt is not to bc ~ solid light or medium ulterod or rccrcated in uny manncr. When re- Minnnum bac;kgrounds only. ,;ooO Ma1leysi•r.ing thc imnge, propcr heibhl to widlh S]„~,~1 ML" is proportion mu5t lx maintaineci. kY_ TV hign v 01 Colot'S Image may be rcproduccci in CITl' OF Spoknne Vulley Blue ~w~• grnyualr. kane Pantonc Rcflex Bluc po S CMYK = (C) 98.04 (M) 93.33 (Y) 6.67 (K) .3'+ ,~1~~e 49, 00 y g RGB =(R) 47 (G) 58 (B) 142 Spokane Valley Green Puntone Green #347 Imuge may not be ' CMYK = (C) 92.94 (TV) 7.06 (Y) 95.69 (K) 1,18 reproduced Agnin.st ~r1 Size Guidelines RGB =(R) 0(G) 158 (8) 80 tcxtured or visuullv nctive lwckgrounds. ~he City of Spokane Valley lago should be Spokune Valley Black ~ Pantone 131ack ;j; largc enough to be clearty visible and for the text to tx: legible. ne lugo should never bc less than 7/8" (or RA pixels) in height, including "protccted" ar "clear space" mnrgins. ~ k3 Ii11J~',C IIIAV fll/l hl' pa„tn~ ~ rcpraluced in black Proportions: !{eight to widlh ratio should bc Rcflc" Bf"c ` `u"d wh'<<. 501100. A"protectrd" or "clear space" equivulcnt to S11VTn'7 ~e 1/6 of the hcight of the urtwork must lx; p ~KL~~I provided to serve as a biuricr to distraeting leyimngery and ns a Suidelinc for placemcnt Ima~e may oot tk ulong edges or foids of a publication, or along ~ j reversed to li~ht ~ wcb page margins. Pantonc cotor(s) on dark [3tnck hackground. Kcqucsts Cur jx:rnii i to u.x thc City of 5pc►bunc Vulley lubc) wuat be submitted ia writing in advancc uf the ciaic ncrdcd. Written responsc will be providcd to thc rc;yucstur wiihin three (3) business days uf t}ie C11'Y OF SI'OkANE VALLEY decisian. LOGO USE GUTDI:LINES Plcase providc tltc I'ollowing infarmution with CrTIO~~~~ l hc City of Spoknne Vallcy logo is lhe your requcst: p graphic represcntatian nf lhe City's i~lentity. . Nume oForganizntion/cnlity rc:yuc;sling lt is an oflicially licensed trademark protec:tecl v~ll~ ~ pertnissiun. ~ hy capyright law. 'I~c logo is intc;nd«t for use exclusivcly an City documents and 0 Acldress, City, State, Zip. property, by City c;mptoyees in the course of ~ ~~e and tiUe ol'authorizeci individu:il rvrCorming thcu dutics, or for city-spocLwrc;d events, informntian and uctivities. m~S ~c requcst. • Daytimc Tcicplione numbcr. t Iu; of thc Ciry of Spol::ine Vailey logo uutsidc the City organi•rntion for events, • Fax number and/ur f:rttail udJrcss. infornuition and uctivitics is availablc only by adv:incc appmvul of thc City of Spokruic • Datcs for which authoriinlicm is VaIIcv :uid is subject to ccrtain limitalicmti. n=qucsic~l. • Dcfullinc Ior rt-ccipt of authuri/atiuil • fhc C'itN Iogo must not bc uscd in (pleuse aUonr a minimum uf3 hu.cinesa ronnection with any clea;lion ur c;ampaign. daYs)• •'Irtic lagu must no1 be used for uny • A dcsc:riptiun uC thc cvcnUaclivity Cor purTx)se that is contrary to Wu.tihington wtuch logo usage is reyuestcd. C lty 0 f Statc luw. . Attuch a moc;kup of the intcndcd use. • Ihc appeamncc of thc logo musl be in S p o ka n e Va 11 ey u~:ocdanc;r with thc City ol~ 5~kune (I~igrlul urtwurk i.~~ clvuiluhlc in. jI)~,~ crnil Valley Logo Style and Standards Guide. FfflUfurmuls.) Logo 1'Icaw submit request to: Style and Standards tirc tipcik:vic Vallcy Urdinajuc 06-01 i City of Spokane Vuiley City Clcrk G u~ ~de 1 l 707 E. Spra~,uc Avc., Suilc 106 Spoksinc Vallcy, WA 99206 FAX: 509-921-1008 CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: 05-23-46 City Manager Sign-off: Item: Check all that apply: ❑ consent ❑ old business x new business ❑ public hearing information . ❑ admin. report ❑ pending legislation AGENDA ITEM TITLE : Mayoral Appointment: SCAPCA Board (Spokane County Air Pollution Control Authority) GOVERNING LEGISLATION: Substitute Senate Bill 6802, passed by the Senate February 13, 2006; and passed by the House March 1, 2006. PREVIOUS COUNCIL ACTION TAKEN: none BACKGROUND: Washington State Legislature approved Engrossed Substitute Senate Bill 6802, which changed the structure of the Spokane County Air Pollution Control Authority Board of Directors, allowing one of the five members of the Board to be a representative of the City of Spokane Valley. The first meeting including the City of Spokane Valley representative will be July 6; 2006. The Board meets the first Thursday of each month at 9:30 a.m. Meetings are held in the Commissioners' hearing room lower level of the County Public Works Building, and generally last one to two hours. The term of office of board members is four years. OPTIONS: Confirm the Mayor's Appointment; or take other appropriate action. RECOMMENDED ACTION OR MOTION: Confirm the Mayor's appointment BUDGET/FINANCIAL IMPACTS: STAFF CONTACT: ATTACHMENTS May 5, 2006 letter from Ronald J. Edgar, Interim SCAPCA Director Copy of Engrossed Substitute Senate Bill 6802 N, RECE- ED- SPOKANE COUNTY mAY o 8 260o AIR p POLLUTION ~ C0NTROIAUTHORITY rity nf .~nnkanP \/a{leV WfST 1101 COLLEGE AVE, SUITE 403 + SPOKANE, WASHINGTQN 99201 +(509) 471-0727 * FAX I509) 477•6~8 ~ . May 5, 2006 Diana Wilhite, Mayor City of Spokane Valley 11707 E. Sprague Avenue, Suite 106 Spokane Valley, WA 99206 Dear Mayor Wilhite: This past session the Washington State Legislature approved Engrossed Substitute Senate Bill 6802. This bill changes the make up of the Spokane County Air Pollution Control Authority Board of Directors. One of the five members of the Board will now represent the City of Spokane Valley. . The current Board has asked me to contact you to inform vou of tbo-cha c~'anct to ask Spokane Valley to appoint a representative to the SCAPCA Board_ I have enclosed a copy of tfie bill wnich was signed- by the Governor on Nlarch 27th, the effective date is June 7th. t The regularly schedule meetings of the Board are the first Thursday of the month at 9:30 in the morning. The meetings are held in the commissioners' hearing room Iower level of the county ublic works building. The frst meeting for.your representative would be July 6` . The bill does not give any guidance on how to make this change over or how a city would select it representative, but if you have any questions please call me at 477-4727 extension 111 and I will be happy to give you any assistance I can. Sincerely, Ronald . Edgar, nterim Director SCAPCA E-nclosure: ESSB 6802 CoAY: Matthew Pederson, SCAPCA Board Chair `--J CERTIFICATI4N OF ENROLLMENT - - ENGROSSED SUBSTITUTE SENATE BILL 6802 59th Legislature 2006 Regular Session passed by the Senate February 13, 2006 CERTI^ICATE YEAS 36 NAYS 5 . - I, Thomas Hoemann, Secretary of . the Senate of the Stat'e of , Washzngton, do hereby certify that the attached is ENGROSSED President of the Senate SUSSTITUTE SENATE BILL 6802 as Passed by the House March 1, 2006 Passed by the 5enate and the House YEP.S 98 NR.YS 0 of, Representatives on the datos hereon set forth. 3peaker of tha House of REprosentatives Secretary Ppproved ' FzLEp Secretary of State State of Washington Governor of.the State of Washington ENGROSSED SUBSTITUTE SENATE BILL 6802 . ~ Passed Legislature - 2006 Regular Session State of Washington 59th Legislature 2006 Regular Session By . Senate Committee on Water, Energy &Environment (oriqinal].y sponsored by Senator 3rown) READ FIRST TZME 02/03/06. 1 P.N ACT [2elating to the board of directors of single county' air 2 pollutzon control authorities; and amendinq. RC6d 70.94.100 and..w. 3 70.9.4.110. 4 BE IT ENACTED BY THE LEGISLATURE 0F THE STATE OF WASHINGTON: S Sec. 1. RCW 70.94.100 and 1991 c 199 s 704 are each amended to 6 read as foilovrs : 7 (I) The governing body of each authority shall be known as thz 8 board o€ directors. 9 .(2)(a) In the case of an authority comprised of one county, with a 10 populatxon of less than :Eour hundred thousand neople, i:he board sha.l.l 11 be comprised of two appointees of the city se].ectzon committee, at 12 least one of whom shall represent the city having the most population 13 in the county, and two representatives to be designated by the board of 14 county commissa.oners. 15 (b) In the casE of an authoritv comprised of one. cauntv, with a 16 pOpuldtlOtl of eaual to or qreater than iour hundred thousand beop].e, 17 the board shall be comprised of th.ree anDointees ot cities, one each 18 from the two cities w? th the most oOoLlldti0?'1 in the countv and one p. 1 ' ESSB 6802.PL t 1 aqqointee of the citv setection cornrnittee reuresentincr the o•ther . 2 cities, and one renxesentative to he desa,anated bv the board of countv 3 commissioners. 4 (c) In the case of an authority comprised of two, three, four, or 5 five counties, the boaxd shall be comprised of one appoa.ntee from each 6 county, caho shall represent the city having the most populata.on in such 7 county, to be designated by the mayor and city council oi such city, 8 and one representative from each county to be designated by the board 9 of county comanissioners of each county making up the authority. 10 (d) Zn the case of an authority comprised of six or more counties, 11 the board shaJ.l be comprised of one repxesentative from each county to 12 be designated by the board of county commissioners oi each county 13 making up the authority, and three appointees, ane each from the three 14 largest cities witha.n the local authority's jurisdiction to be 15 appointed by the mayor and city council of such city. 16 (3)-If the board oi an authority othercaise would consist of an even 17 number, the members selected as above provided shall agree upon and 18 e].ect an additional member who shall be: 1.9 (a) In the case of an authoritv comorised of one countv with a , population of eauaX to o?' crreater than four hundred thousand oeoole, a 21 citizen residina in the countv who demonstrates -sa.qnificant 22 brofessional experi.ence in the field of public health, ai.r Qualitv 23 protecLion, or meteorolaav; or 24 (b) Zn the case of an authoritv comn.rised of one countv, with a 25 qOoUlatzOn less than four hundred thousand ueople, or of more than one 26 countv, ea.ther a member ot the governa.ng body of one of the towns, 27 cities or counties comprising the authority, or aprivate ca.txzen 28 residinq in the authority. 29 (4) The terms of of'Lice of board members shall be four yeazs. 30 (5) Wherever a member of a board has a potential conflict of 31 interest in an action before the board, the mearber shail declare to the 32 board the nature of the potential conflict prior to participating in , 33 the acta.on reviet,r. The board shalZ, i-f the notential conflict of 34 interest, in the judgment of a majority of tha boarc3, may nrevent the 35 member from a£aiY and objective review of the case, reanove the member :~y from participation in the action. ESSB 6802.PL p. 2 1 Sec. 2. RCW 70.94.110 and 1967 c 238 s 22 are each amended to read 2 as follows : 3 There sha11 be a separate and distinct ca.ty selection committee £01. ~ 4 each county making up an authority. The membexship of such committee 5 sha].l consist of the mayor of each incorporated city and tos•rn wa.thin 6 such county, except -rhat the mavors of the ca.tzes. with the mast 7 population in a countv, havincx alreadv desiQnated appointees to the , 8 board of an air qollution control authoxitv compxa.sed of a sinale 9 countv shall not be members of the comma.ttee. A majority of the 10 members of each city sel.ection committee shall constitute a quorum. END ' ~ p. 3 ESSB 6802.PL Spnkane County Library Uistrict Spokane Valley Library Services and Diskrict Support . ~-J Report to the City of Spokane Valley Apri12006 Customer use measure§, DistricE-wide SCLD continues to rQCk and roll in all customer use areas except reference. There are double-digit year-to-date increases for registered borrowers, door count, program attendance, group visits, customer-placed holds, database use, and Web site usc. Circulation and soft-ware station bookings are up 8%, a vexy respectable number. Not surprisingly, the largest increases are at Moran Prairie. And while tliere are negative Eigur.es for some measttres in some branches, the overaIl trends are up. Customer use measures, Greater Spokane Vallcy Spokane Valley Library's use contiilues to be up i.n al.l areas except reference, and evcn reference is even with last year rather than lower as it is in six of oux nine other bra.nches. Of particular nate is the 14% increase i.n both sofYware station and meeting room Uookings. Axgon.ne is also in the positive column for all measures, but Otis Orchazds stalistics are mixed. Library xesources, District-wide "Che materials collection broke the 400,000 mark in Apri.l, with the biggest net increase in periodicals. O Even though we've purchased over 20,000 new Uool:s so fax this year, discards are still 187 ahead of additions, as we weeci the collection for items that are in poor condition, out-of-date, or little used. Library zesources, Greater Spokane Valley 5,471 new items have been addeci to Spakane Valley Library's materials collECtien through the end of April-about 24°,6 of the District's tiotal. Argorule's additions were 1,661 and Otis Orchards received 1,535 new items for a grand total of $,667-making 38°,6 of SCLD's total additians available in the Greater Spokane Va.lley area. Selected Apri12006 Statistics Circulation Door count Reference Program Softw3re StaHan Inquiries Attendance Bookings YTD YTD to YTD Yf u to YT'D YTD to YTD YTD ta YTD YTD to _ 2006 2005 2006 2005 2006 2005 2006 2005 2006 2005 SCLU I 651,6661 7.6%I 399,8571 28.5°b 1 77,598 I- 22.09b 1 20,095 20.49'o I 66,157 7.6`J6 ~ Spo Val1cY I 170,6601 3.2% I 97,0341 9.9% I 25,7131 0.1%1 4,798 I 38.096 I 22,0441 142% I Argonne l 39,2881, 1.2%136,382 37.99b I 3,9911, 3.2%1 7,511 47.3~'o I 5,1341 0.59b OHs I 27,4581 - 9.996 l 19,209 29.2%I 2,303 - 62% I. 7501 124.69b 2,8721 3,59b Subtotal 237,4061 1.2°b ( 152,625 17.896 I 32,0071 0.0% I 6,2991 45.7q6 30,050 10.5% % SCLD 36.4% I - I 38•2% I - I 41•296 1 - I 31_396 I - I 45.4% - l~ J Page 1 of 5 Apri12006 Registered Customers by Branch of Regisiration 2006 Total % of YTD Change % Adult % Yauth SCLD from 2005 Total SCLD I 113,7301 - I 9.6% 1 74.49'o I 25.696 I Spo VaIley I 37,9251 33.3% 1 8.19b I 76.596 23.5% Argonne I 10,099 8.9% I 7.89b I 76.895 I 232% Otis I 5,804 5.19b I 6.3% I 67.49b I 32.695 Subtotall 53,8281 47.3% I 7.89b 1 - ~ - At branches serving Spokane Valley residents... In pregramming at Spokane Va11eJ, a largest ever VVednesday night movie audience of 26 viewed the film, Hidnlgo. The Saiurday movie crowd was smaller, but still a respectable 14 folks saw Babe. Several customers who live in the azea newly anrlexed to the City of Liberty Lake expressed their eoncern about losing access to SCLD library services. Argorine special programs included Live! From Death Va11ey by lacal author Jolin Soennichsen; a kid's After School Special; and a puppet show about the Emperor of China that nearly filled the meeting room with 47 in the audie.nce. Displays featured sfiaff favorites; poetry for National Paetry Mvnfih; and a presentation on the display rack feahzring books for "Keep America Beaukiful" month. Apprnximately half the Otis Orchards new MP3 format audiobooks checked out in the first week. Library story: A customer using the Tnternet asked for help to print her docu,ment when she couldn't get it to work. When branch supErvisor Bev Bergstrorn looked at the errant page, it printed, and the i.. ' customer was pleased. 7'hen she asked if Bev would come ta her house to look at her husband. MisceIlaneous ■ Collection development was the focus in adult services for Apri.l; in youtlt services, children's fiction was wceded in all Uranches. ■ Summer reading letters to schools were mailed Apri127th and the first promotional visit was . booketi the following day. Outreach highlights: After a presentation about services currendy provided to Orchard Crest . Retirement Centcr residents, there was a burst of aetivity with circu.lation doubling. Quote: Staff: "Have a gvod month;" Customer: "We've already had lunch." Friends of the Library: Greater Spokane Valley Spokane Valley: At the April meeling, youth services supervisor Mary Ellen Braks gave a mini-talk on early lireracy and the dif.ferent types of storytimes that we offer. The Friends held abook sale at thE end of the month wh.ich brought in approximately $1330. They've agrEed to support the incentive bvok progra_m Eor Summer Reading. Argonne: The April 1 book sale was very successful, with people waiting in line at the door. The Friends decided to forego future annual sales and do in-house sales instead. Friends o£ the Library: O#her District Deer Park: Friends purchased lwo Bistro-height chairs for the two stand-up Internet stations, as well as a digital camera with phato printer and an upright vacuum cleaner. Checks were issued for Su.m.mer Reading incentive books and the sponsorship fee for the Ju1y Deer Park Chamber of Commerce meeting. The Aprill mi,ni-book sale netted $450. Page 2 of 5 Fairfield: The Friends purchased Summer Reading T-shirts for the volunteers parbcipating in either -the Fairfield Flag Day paradE or Reade.r s Theater for Summer Read'u1g promodon and have contributed toward Suntmer Reading incentive books. As a new way to raise money, they are serving as the movi.ng crew for the "Farm Chicks" event in May: $200 for 18 tables ancl assorted benches moved from the community center to the park and back again after the event is over. MedicaI Lake: 'fhe Friends of the Medical Lake Libra.ry held their first ever °i,n-the-library" book sale fihat drew people from all over Spokane County, and even a few from Lincoln County. The group madE well over $300. • • O . Collections ■ We ordered 1,639 titles and 3,550 copies i.n April; we're 1.53% behizid on our print/nonprint Uudget (which translates out to about four days of ordering) -on target for adulti ordering, but behind on youth. ■ We processed and sent out 4,769 items to branc.hes. . The new MP3 CD audinbook collection was made available to the public with an initial collection , of 129 items. Signage was created to highlight the collection. . ■ Youth services coordinator Thom Barthelmess did two youth reader s advisary traina.ng sessions for adult/branch staff in Apri1 which were formatted as moderated discussions. Programming ■ The For tlTe Love of Movies series at 1\jS and SV continued its "family fun for everyone" theme in 2006 with Wecinesday evening movies int@nded for older teens and adulYs and Saturday !-afternaon movies tiargeted to children and the.i.r parents/caregivers. The April "adult" movie was HiMgo and the "children's" movie was BaUe. • Web Bnsics was offered at Deer Park; E-»zail Bnsics twice at Spokane Valley; and Ca»lputer Basics at Airtivay Heights and Fiirfield. ■ Live! From Deatlc Vcrliey read.ings by local author Jahn Soenn.ichsen were presented at Argonne, Deer Park, Cheney, and Moran Prairie, with a total audience of 36. The author sold and signEd. his bool:s following each presentarion. Other ■ Work began on redesign of the adult booklists page on our Web site. • The concept of "floating" collections was implemented in April with the DVD/VHS formats. . : • • D • Board planning retreat The Board's April $ pla.ruung retreat provided a great opportluuty for a debriefi.ng on ['ublic LiUrary Association Conference workshops attended Uy trustees and application of ideas contained therein to our strategic planning. It was very helpful fox me lo have the time in the afternoon to review major planning issues such as the new Spokane Valley Library, future property taac projections, North Urban Groivth Area planning, and library consolidatioii disrussions. . D , O . 2006 Budget revision We remain in excellent Einancial shape with the 2006 budget revisions that were approved at the Apri118 Board of Trustees meeting. Projected 2006 expenses remain within projecteci 2006 revenues. _ Page 3 of 5 When the approximately $450,000 in 2006 one-time expenses are removed, we'll be going into 2007 with that amount of ongoing revenue over ongoing expenses. The fund ba)ance in the.general operating fund is over $1.3 million, over twice the percentage of the budget targeted as ideal in the Fu.nd Mance Management Policy. Spokane Valley Library pianning Two Spok3ne Valley area library customer focus group sessions were held on the evening of Apri127, nne with an old@r group and the other wikh a younger group. The prunary purpose of this facus group research was to obtain customer views on the existing Spokane Valley Library facility and on des.ires far a new one to replace it. 5trategic Research Associates convened the groups and will submit a report on results at the end of the fi,rst week of May. '1'hey will begin work with us on the questionnaires for two telephone surveys to take place in latc May or early june. Records retention E.arizer this ycar a task force began work on sorting out the statie's reeords retention requirements as they apply to SCLD. The Archives Division of the Office of the Secretary of State, which oversees public records retention and archiving, has rather elaborate schedules of record types and their retention requiremEnts. Th,is is the first comprehensive review of our complia.nce with the 17 schedules applying to us that we've done. Audit exit briefing Board chair Ann Apperson, krustee Franlc Payne, business znanager Bill Sargent, and I attended the 2004 audit exit briefing that fi.nally happened on Apri13. The State Auditor's Office Team Spokane contingent included the auditnr who did the work, the assistant audit manager, u1d the Team Spokane manager. • ; As expected there were no audit findings, but also as expeched we received a management letter pointing out a manor deficiency i.n cash handling i.n branehes that had already been addressed prior t4 the meetir►g. North Division annexation I met with City Qf Spo.kane staff in late April to learn more about the proposal to annex parl• of the cotnmercial strip on ttte west side of Division Street. We also discussed our perspectives on the annexation mitigadon agreement that will becoIIle part o£ thc deal. The proposed area extends north from Francis to the other side of the Qual.ity Inn located beyond Costco and Cascade Way. Except for inclusion of the planned unit development behind Costco and the entire Holy Cross Cemelery, the area is pretty much one bloclc deep. According ta the City's feasibility study, the area generates about $23,000 i.n SCLD property tax revenue. The Boundary Review Board has the option oE enlarging the proposed area, which could result in up to a$163,Oa0 revenue loss. In othex annexation news • The Ciry of Liberty Lake's 640-acrc an,nexation became ofEicial, but because we'll be collecting property taxes in 2006, we'll continue fio serve area residents through the end of the year. This fall we'll be notifyi.ng SCLD cardholders living in that azea that in 2007 their nearest hee library will be in downtown Liberly Lake. . Resignation • Youth services coordinator Thom Barthelmess announced his resignation to take the position of youth services manager for Austin (TX) Public Library. Austin Publ.ic serves a population of pver 700,000 and has 20 bzanches in addition.to the main library. After a review of the position and tl-ie Page 4 of 5 yauth services pragram structttre, I decided that no major changes are required and recruitrnent , - began on April 28. O • E • Provided content for Swnmer Reading Web site (being designed in-house by Spokane Public Library); crafted pitch for local media; preparing to send collaborative PSA to loca.l stations. * 2005 annual report was sent to the printer. ■ Worked on Spokane is Reading Web site content, author visit publicity, and book announcement. ■ Presented °Marketing Your Library: It Begins with a 5tate of Mind and Ends with a Story" program 3t the WLA conference in Tacoma. HumAN • t R MANAGER) • Completed tr3ining on the new performa.nce evaluation instrument, as well as the employee self- evaluation form. • SCLD will Ue receiving a$422.00 Wellness grant from WC[F/ WCCI'. FINANCE, , : PURCHASING : ■ Following from last month's failttre of HVAC equipment and alarms in TT, our maintenance contractor inspected and evaluated them and concluded that the system is more than adequate as designed, should last for at least another five years, and no further additions a.nd/oc modifications are recommended at this time. - ■ Moran Prairie LCFA 2005 Fi,nancial Statements were subuzitted to the State Auditor's Office. ■ Plans to purchase, install and iunplement an electronic timesheet program aze moving ahead, with software identified and funding availablc. ThE project is on track for i.mplementation by July 1. 05/17/06 mjw Page 5 of 5 '1 Y OF CI - pokane . . Valley 11707 E Sprague Avc Suite 106, Spokanc Valley \WA 99206 509.92 1. 1000. Fax: 509.921.1048. cityhflllQspokanevallcy.org - . , . , . . . , , , J 1. . . . : , . . _ _ . , 4 , . s , Memorandum . To: David vtercicr, City Manager, and Members oFCouncil From: Nina Regor, Iaeputy City Ivlanager llate: May 23, 2006 . . Re: Monthly lteport - Summary of April 2006 Activitics Human Resources Recruitments - Therc are a number of newly filled positions and recent position openings. Following is the rccruitment status of cach position. Pnsitiuit .S'lalu Maintenance Inspector Initial interviews werc held April 14. Department eonsidering its options. Two positions wcre authorized by City Council, and wil) be filled contiingent upon thc successful bidding of various road- and stormwater- maintcnatice agreements. GenterPlace Ad~r~inistrative InterVll.~i~S CnildU6tCQI .,Assistant CenterPlace Coordinator ' Final review of applications occurrin~;. ~s ~ ~ rt~"-~- .Cerit~lace I.IosUMostess-C~n- Positions are opeu and ~ufvertised. A V~~l ofav~ jlab~~le-"''licanls is h~i"g s'oughtfqrx Debb.rel,u~,s~St~..urtil ~.e~M'aPidy,.~lrr~e; Recreation Coordinator New coordinator selected. Jennifer Cusick start date 5/8l2006 ^'jrn' i': ey y~ UePitty G~ty~Cle,r.~% Hur all~'.~" $y' t vie~i:nf~a . I~icati~s o'e~cu~rr i°g: r-~ -~t+~:+, a L,:,• ~a~ c t«~ 1~3.~ •,r`~« JR'soi~rcesrAs"s".i.~~~.~E~~~.~:u;~~L ,r r~~..,,L~~ , s~a>.~~~. •~-n~..t.... ~ ...'.a~~.9~ w's«., ~ a~. Recreation Assistant Summer recreation pro~ram - l~ositions are open and advertised. Ongoing recruitmcnt. ILR Administration • City participating in "Municipal Games" through AWC. This is a month-long wellness campaign scheciuled for June 1, 2006 th.ru June 30, 2006. Cash awarded by AWC to use for prizes. More information will be fortlicoming • Perforrnance Management: worked with managers and supervisors for timely completion of performance evaluations. • Recruitmcnts now posted at Fairchild ANB Depiity City AZanAgcr Monthly Report - April, continued May 23, 2006 -2- Public Information • State of the City Address oAssisted with speech and PowerPoint presentation o Created State of the City handout to provide information about the state of the city that could be talcen by attendees and shaeed with others. This helps expand the reach of information to the com_munity. o Sent media release on State of the City address, includ'uig copy of Mayor's speech. o Posted text of Statc of thc City speech on website. • Provided Spokane Area Economic Developmeat Council with revised text abnut Spokane Vallcy for tlieir website page that includes prafiles on the communities. That page of their website is accessed by those interested i.n leaming more abotrt our community for the purpose of moving hcrc, establishing a business here, or finding out more about our conununity. . • In prcparation for adAption of logo style and standards guicielines, worked 1Arith graphics artist at P1P printing to adci registratioii inark to logo, confirm colors, and provide for clear space around logo to provide consistency in appearance. Contract Administration l_st Quarter County Contract Statistics 2006 2006 Estimsted Actual E•stimated Revised • 2006 ' Contract SV UsALye 10 UsaLe 2006 Cost Estimate SV Budeet Animal Coiitrol 51.15% 45.47°/u $ 426,633 $ 379,23fi $ 433,484 DiserictCourt 19.61% 18.02% 750,399 689,385 839,817 Jail NA NA 380,545 340,077 444,000 Pre-Trial 27.77% 27.70% 39,276 39,180 48,383 Prosecutor (Misdemeanors) 27.47% 27.84% 280,207 2$3,945 357,520 Fublic Defender 3124% 31.20% S 339,988 $326,151 S 342,705 I.aw F_nforcement usagc stays constant except for Radio - I•Iearing Examiner and Geiger aa eements are currentty being revised. • Coluuibia Telecommunications Corporation completed a technical review of the Comcast plant; results will be presentcd on June 13. • The Citizen Survey of Cojncast report was eompleted and presented to Council along with an update on che cable franchise process. • Tlie first stage of the analysis of the right-of way permitting process was complEted and presented to Council. Business ReLyistration • 275 applications and renewals accepted by DOL • 34 new applications accepted at Cily Hall Deputy City Managcr Monthly Report - April, continued May 23, 2006 -3- Wcb Site Web Sitc Summary - Nfonth of April 2006 Numbers reJlect f:ill or majorlty weeks of the month Unique User Scssions 28089 Ton Five Pages Viewcd EmploymEnt 4738 . G1S/ivfaps 654 Fmplaymcnt Application 617 Comuuunity Developinent 444 Foliee 331 • Top Five "Ref'errer" Web Sites Spol:ane Count), - Jobs 406 Spokanc County - Gav't Lmployment 273 Spokane Valley Online 160 Municipal 12.esearch and Services Center (IvIRSC) 148 Spokane Valley Online - parks and gardens 131 . SOMane . Valley 11707 E Sprague Ave Suite 106 ♦ Spokane Valley WA 99206 509.921.1000 ♦ Fax: 509.921.1008 ♦ cityhall@spokanevalley.org , , . t ..~s,.. . . ' . . x.. . . ....r:, . . . . . . „ . Memorandum To: Dave Mercier, City Manager From: Ken Thompson, Finance Director CC: Nina Regor, Deputy City Manager Date: May 11, 2006 Re: Montnly Reaort During April, finance employees worked on tfie following projects: 2006 BudEet amendments Amendments to the 2006 Budget are ready for council review at the May 16, council meeting. 2007 Budget preoaration begins T)epartmcnts are preparing their 2007 budgets. Thc first of three public hearings will likely take place in August. The process will conclude in IN'ovember with the adoption of the 2007 budget. Audit of 2005 business The state auditor's offce has advised us they would like to begin preliminary work on the 2005 audit during May. The City of Spokane Valley has been moved up on the schedule because wc now receive more than $500,000 each year i.n fecleral funds. Budizet variance/investment renorts Reports showing a comparisan of all f'unci revenues and expenditures to our 2006 buciget, ai April 30, 2006 are attachcd. Staff provides information on all funds quartcrly but only on selected operating funds at the end of other months. I.f revenucs and eYpenditures flowed to the City cvenly throuahout the year, we would expect both revenues and expenditures to show 33% realized at April 30. 1 Most City operations are included in the General Fund. Significant 2006 General Nund revenue variances, using 2005 as a base year, are: +Salcs tax is up $500,000 +Recreation fees are up $100,000 (CenterPlace) +Investmenc income is up $30,000 (more cash on hand and increased interest rate5) +PlanninslBuilding fee,s are do«m $200,000 The investment report is also attached for your review. Citv vehicle emereencv sunnlies Emergency supplies have heen replenished in city vehicles. 'I'hese supplies include: +A Fre extinguisher _ +Flares +A first aitl kit +An orange emcrgency triangle +A flashlight Minor chanecs to old ParksJRec. snace The office do-or has been moved to the other side of the office tund a small window has been added. The outside door tp thc parking lot has been eliminated. The walls have been painted and the carpet will be cleaned. Three full-time employees and interns will occupy this space. . City of Spokane Valley Selected Operating Funds Budget Variance Interim Report Year to Date at April 30, 2006 Budget April YTD Unrealized Percent m Revenues Revenues Revenue Realized General Fund Revenues: Unrestricted Fund Balance....... $ 82,575 $ - $ - $ - 0.00% PrppeRy 7ax 8,281,000 $ 261,899 $ 421,391 $ 7,859,609 5.09% 1 Sales Tax 15,400,000 1,208,607 4,193,387 11,206,613 27.23 GemblingTauc 810,000 137,761 175,917 _ 634,083 21.72 4 Leasehold Excise Tau 2,5b0 327 818 1,662 32.72 Franchise FeeslBusiness LBcenses 681,750 3,857 18,283 663,457 2.68 4 State Shared Revenues 1,121,000 142,653 283,748 837,251 25.31 Planning 8 Building Fees 1,600,000 137,959 501,028 1,098,972 31.31 Fines and Forfeitures 1,350,000 122,546 340,883 1,009,117 25.25 RecreaUon Program Fees 385,516 36,824 144,805 240,711 31.56 Inves?men4lnterest 131,340 30,149 116,833 14,467 88.98 13 ' Operating Transfers 40,000 - - 40,000 - 11 General Fund $ 29,885.641 S 2,082,584 $ 6.197,094 S 23,605,972 20.74% Other Fund Revenues: Stree4 Fund $ 3;813,000 $ 164,742 $ 1,014,457 $ 2,798,543 26.61% HotelfMotel Fund 351,000 25,360 69,874 281,126 19.91 Stormwater Fund 1.539,940 48.360 87.818 1.452,082 5.70 1 Other Funds $ 5,703,900 S 238,462 S 1,172,149 S 4,531,751 20.55°k Budget Aprtl YTD Unroallzod Percent 2006 Exoenditures fanervditures Exoenditures Reafized Gerteral Fund Eupenditures: Legislative Branch $ 304,267 S 9,370 S 93,980 S 210,287 3D.8996 Exetutive & Legislativo Support 470,105 27,595 116,881 353,224 24.86 Public Safery . 16,873,541 2,712,684 5,540,185 11,373,356 32.60 Operations & Admfnlstratbs Svcs 1,441,170 161,978 428,724 1,012,446 29.75 Public Works 960,192 70,030 250,863 729,329 25.59 Planning 8 Communiiy Dev. 2,136,780 134,952 489,412 1,647,288 22.91 Parks & Recreation 1,854,666 124,997 443,446 1,411,220 23.91 General Govemment 5,825,000 116,238 1,337,516 4,487,484 22.96 16 $ 29`885,641 $ 3,297,904 $ 8,661,007 S 21,224,634 28.98°ti Other Fund Expendltures: Street Fund $ 4,131,256 S 305,426 $ 578,889 $ 3,551,267 14.04°h HoteUA1otei Fund 400,667 28,045 32,287 368,380 8.06 17 Stnrmwater FuNd 1.621.534 91.088 181.204 1.440,330 11.17 $ 6.153,457 S 424,559 S 793,480 S 5.359,977 12.89% 5178l2006 10:56 Ah1 City of Spokane Valley . Investment Report For the Month Apri12006 Total LGIP` F&M MAfI Investmants Beginning $ 23,922,326.86 $ 1,523,612.13 $ 25,445,938.99 Deposits 1,528,195.87 - 1,528,195.87 Withdrawls (1,200,000.00) - (1,200,000.00) Interest 89,082.36 4,495.81 93,578.17 Ending $ 24,339,605.09 $ 1,528,107.94 $ 25,867,713.03 Balances bv Fund General Fund $ 6,666,36624 Street Fund 4,573,133.21 RRerial Street 871,592.38 Paths & Trails 15,862.96 Hotel/Motel 287,323.52 Center Place Op 310,548.05 Service Level Stab. 2,368,168.07 Winter Weather Res. 514,968.31 Capital Projects 2,433,893.90 Spec. Capital Proj. 2,765,158.67 Street Capital Proj. 187,472.•98 Mirabeau Point Proj. 442,042.54 Street Bond Proj. 1,023,547.56 Parks Capital Proj. 741,873.73 Civic Bldg. Cap. Proj. 665,519.32 Stormwater Mgmt. 1,188,384.38 . Equipment Rental 788,729.88 Risk Management 23,127.35 $ 25,867,713.03 *Local Government Investment Pool FOOTNOTES Note: 1 Revenue from property taxes is received in May and November 2 No projects planned in 2006 3 Reimb. Due city for block grant project 4 Received quarterly 7 Used for capital projects. Cash not transferred to the construction fund until cash is needed. 8 Capital projects often take a number of years to design and construct 11 Internal transfer is made twice/year. 13 City estimate was too lov+r 14 New construction projects are exceeding our estimates. 16 70% of this budget is reserves. Emergency use only 17 Requests for reimbursement are light in early months CITY OF SPOKANE VALLEY DEPARTMENT OF COMMUNITY DEVELOPMENT APRIL 2006 MONTHLY REPORT LONG RANGE PLANNlNG: Planning Commission The Spokane Valley Planning Commissiori met twioe during the montfi o( April. The Commission continued its review of proposed definitions and a schedule of permitted uses. regulations imptementing the Comprehensive Plan. During April, the Commission held five public heanngs on proposed amendments to ttte interim development regulations. Long Range Planning Staff The Planning Division continues to update the draA Comprehensive Plan with City Council direcbion. Pianning staff attended 3 Ctty Council sessions during April on the Draft Comprehensive Plan. The Cit~ Council held public hearings on April 11'" and 25'" and a deliberation session on April 18 on the Ptan. Cauncil adopted the City's first camprehensive plan at the April 25w meeting. CURRENT PLANN/NG: The Planning Qivision opened 33 IaRd use application fl{es in April 2006. In addition, 25 IicensesJpermits were sold. The charts below tradc present monthly activity along side 2005 levels. License/Permits include 5 adult entertainment, 20 home profession, and 9 temporary use permits. Land Use Actions include 8 land use pre-apps, 3 rezones, 3 short plats (includes preliminary and finat), and 5 boundary line acfjustments or lot segregations. 2006 Licenses S Permits lssued 50 -a 4 - I 50 - - I .;a" Vnh Msr Ac• 1.6?y t_n Jul Auq ~ Sep Od NON DBG - GiFia zooe u as 3e 3+ _0-.2005 4' zs le 3+ zt ' ~a ! a 22 22 ~45 ao 1 38 The Planning Division approved 5 cammercial Rerm+ts during April including a 14,700 square foat warehouse additian at 10407 E. Buckeye and a 6,000 square foot storage and woodworicing facility at 17311 E. Dalton. Adtiitionalty, the Planning Division received 2 new commercial permits for review during April and participated in 9 commercial pre-application meetings. Monthly revenue for the Planning Oivision totaled $13,105 in February; 32% at the revenues generated in February 2005, and 52°/n of the revenues gerterated during January of 2006. Page 1 of 7 City of Spokane Valley Department of Community Development April 2006 Monthly Report 2006 New Land Use Actions ea 20 ~ 10 { ~ J .*n KeD I MN A5i Moy .A.n 14 Auq I SeQ I Oc! Nov t3ec ~ 0 2006 so te 30 2.6 -f--.ocs 's z. 2e 24 is 15 :e ir +7 ae .s Za 2008 Planning Revenues SSa u0: $40.000 I S J4.Q04 s20.000 i `~~o _ _ ~ ` s+o oaa ❑ s~ !on f en Ma Aprn tAey June .luy Aup Sepl CicI Nov pa O Reienne 2006 -t Revenvo 20t15 Revenues generated by the Planning Division are compared with the 2006 Budget appropriation in the table betow. 2006 Ptanning Revenuee Compared with Budget IN s-- s:" r.c•. t4.: o:;: 53: _an seo .3m $+eo oOD i~:o o:n sIee ano s•~n :a: s'x oa sna o00 p0. r.ral VTD Rew¢s o A-ruW 9udqct =:tm+ati Pape 2 ot 7 City of Spokane Valley Departrnent of Community Development Aprll 2006 Montfily Report BUlLD1NG DIY1SlON: The Building DNision issued 330 permds in April 2006, compared with 404 for the same period last year. This included 64 permits for new one and two family dwellings. :OOi CONSTRUGTION PERYRS ♦ - ~ - - - ~ . _ . . • _ .~L ' w I rv ~r .N t+r ~nu ~Y i •o Mrl i ~ w. rt•.-.<, :~:i - . • -r-vrr.. . . » ? r . -'f . 2006 New StructurasNnlts Permitted eo ~o r <o :o o - - lon Fah lu6ar 0.pt May 1 JuN , July i AuQ Sept OOt Nov Dec O Ne+r t 6 2 DweBng LJoMs 22 41 71 84 ■IAURt-teM ly Unll 0 0 Q 0 ~ ❑ Ne'r CAn.mt z:al ~~t ~r•e s . . a The F'ermrt Center collected a total of 5114,388 in Permit and Plan Revlew Fees in April 2006. I 20,14 BuddNeg Rnsnusa >>anx t:+_.:~ ' l::v 3C ~ Jm A 1•11t.1R -~-:00~11~MhM I .an +.1 1~ o yl 1ti ~I-4 ]WI zwf bi The reported value of consVuction, including new structures and additions/alteration is shown in I the following chart, comparing these values with 2005. New value for April 2006 toEats $7,935.171 for a total of $26,140,825 for the year so far Paga 3 ot 7 City of Spokane Valley Department of Community Development Aprii 2006 Monthly Report 2006 Valuation oi Conattuctlon OW - 13e130 0 oo Vc aw 00o Us mo om a . • - O20D6 WtuaBOn 1.CCq0o.I /00 AP' -4--2 pG91hiWMan I15.Q'A~.OC' - . . . {1COb.OCJ rrn.o~o 95 sr Jan Fs0 Mn Ay Wy Auv Juy Aup Sep 6el 1C.• ~ :e66 rro awary ar.nw. cemo.ree Mnh orp.$ :hsv ~ ArM Fw um uae mc wno.= sWI av t• anc.eao 1+ zo 000 94 ae coo ■ : _.r . .'.li-in / + ,,A ~in n~ >o►cs:~ ~ SOURCE- S ne Vaqey Finanoe pepartment In April 2006, building inspectors perfomied 1,038 inspections in 20 days. This averages 51.9 inspections per day. The Pians Examiners reviewed 112 projects in April 2006. At the end af March, there were 7 projects awaiting review. 2006 Bulldlnp Inspeciwn. , i +;:r i - ~ _-a - - r_ - - - - - ,1 1~ • _ _ , . An .c ' w, .e Wt nn. ar I •.a wA .n v. t.- . r QC 14 ' M tu • : _ . c. . n .-.n . „ re 498 nght-of-way inspections were performed dunng the month of April 2006. Ten Building Division staff members attended training held at CenterPlace on April 14. The training consisted oi Rost Earthquake Safety Evaluation of Buildings and Rapid Visual Screening of Buildings for Potential Seismic Hazards. Washington Emergency Management Division not only provided the training at no cosl to the City but provided refreshrnents as well. Addfionally eleven others attended this no cosf training firom Pullman, Liberty Lake and Yaklma. Mike Turtfak and Jay Grissom attended training covenng ADA Inspection and Ptan Review. Senior Plans Examiner Bentley was successful in attaining the Certified Building Official (CBO) designation through examination. This brings an additional level of professionalism to our staff. Page 4 of 7 City of Spokane Valley Department of Community Development April 2006 Monthly Report COOE COMPUANCE: During Apri144 property owners were contacted about bringing their slgnage into compliance. Sigr, coca c«npnanoe , Remainirxg Strrels Ir~spectesf 8~~~ ~jrp ~ Non Contecled Compu:utit Si{ins SuI1.Pkies.8aw.lhYv ~ 44 ~ 38 1 B AixY 200d The number af "Viotatians Reported' on the following chart reflects actual Spokane Valtey Zoning Code vio#ations, plus complaints received which were not violations. The camptaints received are added to the total because they refiect time officers spent in the field conducting investigations. In addition, tfie "Investfgated' and 'Pending" columns accuratety reflect Gode Compliance's current ability to process and investigate backlog cases. The following chart provic4es a munthly comparisan of the types of Spokane Valley Code violations reported. Violations are reported based on the prirnary complaint received, rather than the number of additional violations identified on any individual premises. The irnestigatinn of a complaint of junk vehicles, for example, may also reslilt in identfication of additional vio(etions such as the actumulation of trash or harboring of fivestock. These are not included in the summary. A total of 61 complaints were processed in April. CODE COYPLIIWCE STATUS AEPdRT AFAf Yar.J5 ^ 7i .►v"5 A406 Sm^= -'c•-.: 'Y.-cS :*L-05 JaraG P■D-x uw M A~..c1a ~VcaO:i+=aHC•~i~a... The Spokane Valley Police Department, in conjunction with SCOPE, has requested the assistance of Code Compliance in Identifying junk vehicles abandoned within the nght-of-way. SCOPE volunteers tag the vehicles. Vehfcies which have not been moved by the following Friday are towed. Thirteen vehicles were red-tagged and removed (rom the right-of-way during the month of April. Activity is cansolidated into the following six categories: Environmental (sewer/septic, critical areas, animal and nuisance violations); Property (Right of Way, property use, dangerous building, landlord/tenant, i(legal business and signage vialations); Junk Auto; Solid Waste (solid waste, illegal dumping, and household waste violations); Clearview Tnangle and Compfaint - No Violation Pago 5 of 7 City af Spokane Valley Department of Community Development Aprii 2006 Monthiy Report I 2008 CODE COMPLIANCE REPORT8 (by ype) toaY - - - •ox ~OY 70Y i0Y fOk 40% 30% 20% ~ox Y °x au+-aa feb-06 Nsr•06 Ap aa u,yae bn•oa ~i,~as M,o oa i s.p-oa ou~oa Novas D.c-0e a comcirnt • na v+oWw+, 14 e ia ~ • soro Ak.n ti tt ,t I ? 0 Ainf Auto iC 9 ts 10 O Clex Vtitrr 7rtiPple J ♦ 5 3' - I ■ Properry e f to f 1 p En,rvonmerrtal 7 0 2 4 CUSTOMER SERVICE Planning The Planning Desk handled 291 phone calls and talked to 447 walk-in customers at the Planning Counter during Apnl. The Planning Staff also responded to over 380 calls irorn their work stations. The Heanng Examiner held 3 land use hearings dunng Apni Building: Permits The following table summarizes the performance of the Perrnit Center for those permits entered in the PLUS system, measured from the bme that the application is deemed "counter-complete" to the time tfiat a permit is issued. Values shown are those on which Plan Check and Building Pennit fees are based. The chart includes average, minimum and maximum times. Delays in the issuance permits may tesutt from inadequate or incamplate submittals, failure of the applicant to pick up the permit, etc r, m ^ o 'Jalue ro r m r. ~ ~ fl o K O y ~ S R£MODEL I `1 tndushfelBWldiirn 3 743,732 62 8 ~ 120 Mmrerdib t 800 43 43 ~ 43 0maerPMreSWn81 ~ a 3872M I 2575 1 1 I as . The Permit Center has been tracking tumaround for Right of Way Permit Applications and the faxed Mechanical and Plumbing Permit Applica6ons. At present the City resporxis to apptications within 24 hours, typically by noon on the following day. Permits for those application types are genefa(ty issued within two days. Pa8e6o17 I City of Spokane Valley Departrnent of Community Development April 2006 Monthly Report Building: Inspectlons Inspections are conducted the day following the inspection request except for weekends and holidays. Curnerttly we are using one on-call inspector, Tom Melboum to not only help with our inspection Ioads, but to perform all of our residential plan reviews. Bob Bebaut has Joined our inspection staff as an on-cafl inspector. Bob previously was an OJT Labor and Industry volunteet with our inspection staff Code Compliance All preliminery irnrestigaUons are condueted wdhin 24 hours except thnse received on Fnday which are investigated before the end of tfie next business day. Pertnit Center There was one slirvey retumed during the monfh of April. This is a running report which highlights only changes since the last reporting period. PERMIT CENTER SURVEY Depanment at Communrty Developmertt l k-y Aa ot Apr1130, 2006 1) 1 vklt tM Potmll Canbr Q More than once a woek ( YVeekty 4 Onae a Month I Oacasrasaliy I First vesU 11 T1» purpose ot my vistt(a): 1 General lnfamntlon 1 TanfnglPtnl I Qulding F'ormll ()ttwr permrt 0 hSeetrrva 0 C.ode C,)+wA3int Q Heenng 0 U,r_ Perm:f 1 License Q UtJk:f 3i The Dapattmor►tlDivision 1 came to soo was ~ i'tom,nq Q Lngineersy ~ BulkLng Pamuts b Inspec,Nlcxm 0 Pkq, Bldg 8 Engrieering 1 Cocfe Compience 0 Othet (SPerih_ 1) I needad to see (Namr), and Hroy woro: ~ Avaflsble Q_On t'Aa phone Q Nd ava!laWe 5► Poi., n c~ aarr is (chea eli mAi ovwr) t Frier,ar ~ couseous 1 w,ow+edgeabb ~►ieipnji LPro^+Pt 4 cun or aeruvr Q n►scourteous p cke*eas Q trwaruV to he+v o stuM► Q Oftir Awesome fi) TeIsphono nlb fo stsff rtambors ars roturnsd a V5A1hin 24 houn 1W1Utin tho week Q Nmrer anawered Q Otttir n Nh► caa w.s dransarr~d 1 a,oe 4 rwioe Q M«e Iha, nfte 9 n1ever 8) Inbrmatlon proAdad is IlAocLraWCornplala I V1kfl reeoerched Q lnappllcable Q IncwrtqileM Q Olhcr y) TAe Pertnll Certer fs [Nba-a9aNzed I CkdeAY Q Too ctowdad Q Too noisy Q Dkeagenfzed 10) It awBab10.1 use/ woutd uso: / Or►-tine appbc►tlans j Fax appllcatlons t On-Hne paymen! Q Other Sugpesiions for MMuaWnp Sarvlcss COUNT ~ Commeab recelved: t Great he6p Paye 7 Of 7 Spo~~a~a.e PUBLIC WORKS DEPARTMENT ~ VaHey MONTHLY REPORT April 2006 AGREEMENTS FOR SERVICES ADOPTED AND IN OPERATION: • Street Maintenance - County Street Maintenance Interlocal New 2006 Interlocal approved by the County. In the process of bidding various maintenance activities per the new agreement. Engineering Seroices Support - County Engineering Interloc,al • Street Maintenance.(Pines & Trent) - WSDOT Interlocal • Solid Waste - Regional Solid Waste Interlocal ' • Safety Plan - Contract with CH2M Hill , Work is in process WASTEWATER: • Wastewater Treatment - The end of January 2005 the City received from the County financial information regarding the County's sewer utility as it relates to the assumption of the County owned - sewer facilities. • Tfie Spokane River Total Maximum Daily Load (TMDL) Collaboration process is ongoing and information is available on the web site at htto:l/client-ross.com/spokane-river! • Spokane River Use Attainability Analysis (UAA) is available on the UAA web site at hftD://WWW.SDokaneriveruses.net/links.htm ~ CAPITAL PROJECTS: o Valley Corridor Project CH2M HILL completed operational analysis of four options east of University Road. The Couplet extension is the only option that shows acceptable intersection levels of service for future traffic projections. CH21M HILL is developing a scope of work to complete the Environmental Assessment (EA) in coordination with the Sprague/Appleway Corridor Subarea Plan. The goal is to develop a Iocal preferred alternative that will allow the project to move ' fonward. SRTC has agreed to release federal PE'funds allocateci for the Valley Corridor - • Project 2 to allow the completion of the EA. . o Street Master Plan Negotiated final scope and fee with consultant. . o Contracts for Construction Services J-U-B Engineers provided construction management and inspection services for the Dishman- Mica Rehabilitation Project. Century West will likely be chosen for Argonne Road. CH21M HILL is working on a scope and budget for Broadway Avenue to provide construction management and inspection services. Construction o CenterPlace Worlcing on final project closeout. . o Pines/Mansfield Federal funds have been released for Preliminary Engineering. The County and State are designing their respective areas of the project. Environmental permitting and discipline studies are in process. Th6'~- Environmental Classification Summary (ECS) is scheduled to be submitted for review and approval on May 1 s. The right of way acquisition phase v✓ill begin after the ECS is approved. The project will advertise for bids in t#ie Fall of 2006 with construction to begin in 2007. o Dishman-Mica Road Rehabilitation Project The Project is complete. . o Broadway Avenue Overlay Project Federal funds have been released for Construction. The Notice of Awarci has been approved for Inland Asphalt. Construction is scheduled to begin in mid June. o Argonne Road Overlay Project Federal funds have been released for Construction. Design is 95% complete. The project is scheduled to bid in May. o Appleway Avenue Reconstruction - Tschirley to Hodges . Federal funds have been released for Preliminary Engineering. Environmental Classification Summary (ECS) has been approved. David Evans & Assoc. is worlcing on the preliminary design. This project will advertise in 2006. o Barker Road Project The low bidder on the project was Eller Corporation. CH2MHILL will provide construction management and inspection services. Construcbon began on April 17th. Pavement removal, a dryline sanitary sewer and stormwater piping have been installed on phase #1 from Mission to Riverway. - , o Barker Road Bridge Project Type, Size and Location Study has been approved by WSDOT. The final design and environmental permitting contract with CH2MHILL has been approved. Permitting, property acquisition and final design will take approximately one year. The current total project estimate is $10.23 million. This estimate includes a$1.41 million contingency. Federal funding will cover 100% of the project costs up to $10 million. Staff will work with tfie consultant to keep the total project cost below $10 million to avoid a federal funding reduction to 80%. Cost saving options may include closing the bridge to all traffic and utilizing detour routes. ' o Park Road Project . Project Substantially Complete - Punchlist items remain. o Parks Road Sanitary Sewer Project Project 95% Complete - Nora Avenue West of Park Road to be completed in May. o Orchard Avenue Sanitary Sewer Pro]ect Project 65% complete - Pavement has'been removed on remainder of project. Mainline and side sewer construction is taking place. . , o Veradale Heights Sanitary Sewer Project The project was awarded to Norm's Utility Contractor. Construction is scheduled to begin in mid May. o Electric RR Sanitary Sewer Project The project was awarded to Norm's Utility Contractor. Construction began in early April. Mainline and side sewer construction is taking place. o Vera Terrace Sanitary Sewer Project Project design 90% complete - Project will bid May 241" with a bid opening scheduled for June 7th. TRAFFIC: ~ 0 Received written approval of a$36,000 grant award from the U1/ashington Traffic Safety Commission which will allow us to install c4mbination flashing beacons and radar speed boards in two school zones this summer. The equipment been ordered, surveying work continues around the schools, and speed studies of the "before° condition are underway. , • Prepared a grant application to Washington Traffic Safety Commission for $22,500 to pay for • additional flashing beacons at three elementary schools. • Worked on researching and completing Federal Railroad Administration requirements for c4nfinuation of the RR quiet zone at University Road. • Continuing to work with Bing to connect a workstation to the Spokane Regional Traffic Management Center. . ~ Spokane County signal shop is planning to deploy new signal controllers for the Argonne corridor within the next month. • Remarking of school crosswalks in plastic should begin during May. High volume locations will be completed first. . • Prepared plans for construction of ADA ramps at Chester Elementary. • 7- Construc#ion and utility woric related traffic coritrol plans were reviewed and approved. • 22 - New citizen requests/complaints were received via phone and email. These typically involve traffic signals, stop sign requests, speeding complaints, bus stop concerns, streetlight outages, requests for new streetlights, traffic count requests, and parking issues. STORMWATER: 0 • Hired to two intems to begin compliance with UIC rule. 0 Finalizing grant agreement writh the Depattrnent of Ecology 0 Wortcing on stormwater solutions for 2006 sewer projects and other miscellaneous projects • Contracted out services with Adams & Clark for flooding/erosion solutions for the Beverly Hills project. 75% completed construction plans are currently being prepared. • Working with Spokane County and City of Spokane amending the regional stormwater manual. A final draft is expected to be completed by Mid June. The final draft will be sent to the Department of Ecology for review. COUNTY MAINTENANCE ACTIVITY: City 2006 budget is $3,023,068 ($2,274,700 in the Street Fund and $748,368 in the Stormwater Fund). Through the end of April the County has billed $417,424 for Street Maintenance, and $333,427 for Stormwater Maintenance, these total $750,851 or 24.8% of the budgeted funds. LAND DEVELOPMENT April Activity: NEW APPLICATIONS COMMERCIAL APPLICATIONS ~ o Greenacres Exxon Addition 2,500 sf addition o Verizon Tower Cell phone tawer o Intermountain Wood Products 11,000 sf office & warehouse addition o Sunshine Health Services Addition 200sf addition o Spokane Discount 13,375 sf additian o CW Products 6,000 sf warehouse . COMMERCIAL PRE-APPLICATIONS o Restaurant & PhaRnacy 4,000 sf building o MBS Real Estate 6,056 sf building o S.E.S Equipment 7,540 sf building - o Evergreen Lumber 5,600 sf addition o Wolff Retail Building iwo 4,500 sf building o Intermountain Community Bank 7,600 bank o Hart Mini Storage 64,000 sf Mini Storage o Chute Office & Warehouse 11,250 sf building o Hawkins Townhouses S townhousss FINAL PLAT APPLICATIONS o SHP-27-05 4 lot short plat o SHP-41-05 o SHP-22-05 2 lot short plat o SHP-44-05 2 lot short plat . LAND USE PRE-APPUCATIONS o PRE-29-06 Mobile home partc expansion o PRE-28-06 BSP for 4 existing lots o PRE-26-06 - 3 lot short plat o PRE-27-06 4 lot short plat SUBDIVISION APPLICATIONS o Pine Rock Ridge 3`d Add COMBO (REZONE/SUBDIVISION) APPLICATIONS o Q4 85 Lots - SHORT PLAT APPLICATIONS o SHP-10-06 2 lot short plat o SHP-09-06 3 lot short plat o SHP-42-05 3 lot short plat o SHP-11-06 2 lot short plat o REZONE APPLICATIONS o REZ-09-06 UR3.5 ta UR7* o REZ-01-06 UR3.5 to UR7' TEMPORARY USE PERMITS o TUP-02-06 Rusty's Produce Stand . o TUDR-01-06 Dependent Relative ROAD VACATIONS o STV-01-06 Old Indiana Avenue Street L_ J .S po~ka~ie ~Ai:ley Capital Improvennent Projects - 2005 S 2006 PROJECTS . Proposad Estlmatod Design Construction 2005 (2006) Tofal Project Funding Road ConsVUCtlon Projocts Project Lacation BEd Date Complotion Dato Complato Compfete Funding Cost 71B Park Road - Projed 2 8th Avenuo to 2nd Avenue • 5131106 100% 98% $ 821,000 $ 972,000 STP(U) 16th AvQnue - Project 2 Dishman-Mica Road to SR 27 5f31185 100% 104°h $ 5,832,000 $ 3,302,000 TIB Barker Road Reconstruction 6oone Avenue to Barker Road Bridge PAar-06 1011 5f06 100°fo 100/0 $ 2,258,000 $ 2,258,000 S7P(U) pishman-Mica Road Rohabilltation Sprsgue Avenue to Appleway Avenue Mar-06 4l10106 100°r6 100% $ 258,400 $ 258,400 STP(U) Arponne Road Overtay Indiana Avenue to h1onigomery Avenue May-06 8J1106 9556 0% $ 316,600 $ 316,600 STP(U) Broadway Avenue Overtay 8ates Road to SulGvan Road hlar-06 8J1l86 100% 0°.U S 852,359 $ 852,350 Road Design Projocts TIBICMAQ PinosJMansfield F'roject WilburRd. to Pines Rd., Pines to 190 Oct-06 BJ1107 40% 0°lo S 1,032,015 $ 4,500,825 STA(U) Appleway Avenue ReconstivcUon Tschirtey Rd. tn Modges Rd. Aug-06 611107 20% 0°k S 609,000 $ 3,197,000 BRAC Bartcer Road eridge Reptacement Barker Rd. at Spokane River Jan-08 • 1211109 0% 056 S 898,101 $ 8,082,700 CGy Sullivan Road Extension (8igefaw GLIch) . May-07 10I1108 0`Xo 0% 3ewer Projects Parks Road Trenl to I-90. Thierman to Park 6I1106 10096 959'o $ 1,445,000 S 1,445,040 Orchard Avenue Spokane River to Liberty, Cafeman to Visla 7I15106 10096 6596 $ 2,895,000 S 2,895,0D0 City Veradafe Heights - Paveback Valteyway to Mission, Evergreen to Adams Mar-06 10115f06 100°i5 0°6 $ 430,256 S 430,256 Cfty Vera Terrace - Paveback 2nd to 71h, Evergreen to Bums PAay-OB 10115106 900/0 0°6 $ 341,264 S 341,264 Ciry Electric RR - Paveback Park to vista, 7rent to Utah PAar-06 105l06 10D% 2596 $ 87,369 $ 87,369 Planning Projects STP(U) Valley Conidur Erniranmenisl Study University to Applevray No Jan-06 0% O% $ - $ ' f'18 Vaqey Couplet - Project 2 Univcrslty to Evergreen Mar-47 0% 0% STA Mission Ave. Sidawalk Mullan to Universaty Na 0% o% . Total b 14,174,355 $ 26,448,764 STP(U) - Surface Transportation Program (Urban); TIB - TrarYSportatian Improvement Board; BRAC - Brixtge Replacement Advisory Committee; CDBC - Community Developmont BJodc Grant Program CPAAQ - CongesUon AAanagemenUAir Quality Program; S7A - Spokane Translt Autharity Copy of Apr 2006 ConsUuction Rrojects . S`", p6lCane Wley 11707 E Sprague Avc 5uttc 106 ♦ Spokane Valley WA 99206 509.921.1000 ♦ Fax: 509.921.1008 • cityhall@spokanewallPy.org Memorandum To: Dave Mercief, Nina Regor, Members of City Counal From: Mike Jadcson Date: May 10, 2006 Re: Monthly Report for Apnl 2006 Admiaistration and PArks: •'The Ucpartment submitted an applicalion f'or gmnt fiuiding w Watihington Interagency Committee to purzhase pazk property in the Cireen Acros neighborhood. • Staff boaked 16 park resmations in the month of April for a total YTT) qf 120. ~ 70 60 I 50 oTda12006=120 YTD I 40 - ■ Total 2005 = 200 30 - - ~ O Total 2004 = 159 , 20 - 'p 7dal 2003 = 92 ' 'o .~C~;4f~ay ~ CenterPtace: • Developing C'enterPlace rental policies and pmrcdures. • Rerruitment of hosts continues. • Matcrial Safety Data Sheets (MSDS) bnaks aiid eycNvash stations installed. • DevelupinK list of hc►tels and event plannerti tbr customer convenience. I EVENT TYPE I JAN. ( FEB. i MAR I APR1L ~ MAY I JUNE I JULY I AUG. I SEPT. I OCT. I NOV. I OEC. ; TOTAL Banquet 1 OI 2~ 3 2 2~ 1 ~ 0! 0~ 0~ 1I 0~ 3~ 14 siniabs I ol ol I o, ol o~ oi ol o ol ol ol i Community Event I I I 1 I 2 2 I 1 I o I o I o I z o I i a I Fundraiser I ol ol 1 21 01 ol ol al 1 ! 2! oi ol - craduaaons I ol ol o ol ol i I ol ol i oi ol o1 zi Meesng I sl sl 171 sl 151 41 1 I ol o ol 01 oI 54 I Dance I oi ol ol 21 21 0! ol ol ol I ol ol 61 Priwdte Perty i o 1 g I 2 I 3 I a I a o I o I 2 0 o I s I Za Seminar ~ 4 I 5 1 10 ~ 8 I 1 I 0 5 I 0 I 0 0 I 0( 0 I 33 Wedding/RecePGon 1 31 2 1 4 1 7 1 9 1 9 1 151 15 1 11 1 2 1 1 1 1 1 79 worsniR I ~I ol ol iI al oI ol ol SI s ol ol_ 17~ ~ TOTAL ' 12 ' 24 ~ 40 ' 35 ' 34 ~ 19 1 21 1 151 26 1 12 2 ~ 9 ~ 249 I Rccreation: • Jrtinifcr ('utiick %vas hired as the Kccreaticm Coordinafur. 1c[ulifcr i, frum N1criet Isl3nd Narks and Rec:reation and will tx.~in employment un May 81h. • Sta!'f attended E,a.tit Valley Sciiool District meeting regarding free luiich pragram i'ur parks summer programs. • Field Lrips and bus schedule completed fur summer progrzuns. Summer progrFUn 11yers have Eieen distributed to the schools and liht-aries. Senior Ccnter. • V4'SU Schoal of Nursing w'ill ot7er blood pressure chccks and blood sugar tesL5. Considering cholesterol screecung, bone density testing, and stroke prcvention information. • Ceramics will start on Apri127th, every Thursciay afternoon lmm I-3pm. I • Aat Eastoa will teaeh a class nn May 51" Cor three Fridays in weaving bs5kets uut uf pine needles. • Assisteci association with advertising through major television stations on the community calendars. • Workei with nssociaiion on their newslettcr follo%+ring the rcsignalion af ehcu emPloyec on Apri I 4`h. 0 MEMO TO: Dave Mcrcier, City Manager FROM: Cal Walker, Chief of Police George Wigen, Administirativc Sergeant llATE: May 11, 2006 RE: Monthly Repnrt Apri12006 Elttac.hed is the activity report for April 2006 for the Spokane Valley Police DepartmEnt. Computer-aided dispatch (CAD) incidents totaled 4,565. Thesc are self-initiated ofticer contacts, as well as calls for service. Out of those incidents, 1,272 actual reports were taken during the month of April. Attached is the breakdown describing those incidents. . Additionally, ttlere were 1,544 traffic stops conducted that resulted in 278 lraffc reports. Includeci are the hotspol maps for April residential burglaries, April commercial burglaries and April traffic collisions, along Nvith March & April stolen vehicles: ADMINISTRA'CIVE: ♦ Cluef Walker joined with other participants in the ongoing Washington State Q Coordinated RespoiLSe Protocol Project, addressing domestic violence and child maltreatment. . ♦ The Cluef attended the State of the City address presented by Mayor Wilhite, during which the Vlayor spoke of her pride in the Spokane Valley Police Department for their service to the cominunity and also expressed appreciation of the SCOFF organizations in the Spokane Valley and the successes thcy are experiencing through the efforts of numcrous volunteers. COMMUNITY ORIENTED .POLICING: ♦ Chief Walker attended a community event of remembrance of Holocaust victims and survivors and also attended a Crime Victinis Candlelight Vigil during the month of Apri.l. ♦ Chief Walker participated in reading to students during a family rcading program at , Centennial viiddle School. ♦ SCOPE (Sheriff Community Oriented Policing Effort) activities this month inclucied an Open House and parade sponsored by SCOPE East, and SCOPE Edgecliffs annual breakf-ast buffet and raffle. Cluef Walker assisted with preparing brcak.f.ast for the Edgecliff fundraiser. ♦ Spokane Valley Fire officials honored Deputy Dainon Simmons for his actions that saved the life of a heart attack victim in January, 2006. Deputy Simmons was working Page 1 • out at a Libcrty L.ake athletic club when another patron suffered a heart attack. l he ~ deputy and another man performed Cardio Pulmonary Resuscitation (CPR) on the `-l victim until fire parainedics arrivcd and took over. The victim was transported to a hospital and survived the heart attack. Fire off-icials credit Sun.mons and the civilian for saving the man's life. ♦ Two Spokane Valley Police officers were presented with Awards of Excellence at a r,aw Enforcement tlwards Ceremony on April 18, sponsored by the Spokane County Traffic Safety Commission. Officer Brian Frost was recogni7ed for 41 DUI arrests in 2005, and Officer Scott Bonney made 18 DUI arrests. ♦ Members oE the WSP Spokane office and the men and women of the Spokane Valley Police Department participaterl in a blood drive in April. WSP had challenged the local law enforceinent agencies to see who could donate the most blood. The Inland Northwest 131ood Center is the sole provider far blood products to over 30 hospitals and medical facilities ui the Inland Northwest. OPEREITIONS: ♦ Detective Secks Victim's Help In an unusual twist, detectives have arrested a burglar and recovered stolen property, but don't know who or Nvhere the victims might be. According to Detective Kirk 1 Keyser, 44-year-old Susan M. Czapiewski left Auburn, `Vashington on February 5 and began a multi-state burglary sprce as she headed for Boulder, Montana, located just souCh of Helena. Once she reached Montana, authoritics there arrested Czapiewski for several burglaries and a vehicle theft. They executed a sEarch warrant on the residence v&&ere she was staying and in the course of recovering much stolen property, found an inscribed ring. The suspect tolcl them that she had comnuttecl break-ins in the SPokane area, and Montana police using the Internet were able to discover and contact the ring's owner. She told them her btirglary was being investigatcd by Keyser and the tvvo agencies began a coordinated investi;ation. Keyser has conriected Czapieswki to tticee Spokane Valley burglaries. ♦ Burglar Umvires Electrical Firm A thief cut his way through the security fence of B&E Electrical at 9012 E. Grace overnight April 23 and stole coppcr wire worth more than $1,500. The owner told Iaeputy Tom Edelbrock that the theft apparently occurred sometime behveen 4:30 P.M. - the 23`d and ciaylight the 24th. The suspect cut two hales in the security fence just ' large enough to accommodatc spools nf wire. Thefts of copper and aluminum Products are on the risc as scrap metal prices continue to inerease. ♦ Car Thief Steals Fire Rig, Taunts Dispatchers . A brazen thicf stole a Spokane Valley Fire Suburban and then led o£Ficers, deputies and troopers an a lengthy pursuit that ended with his crash near 1'luminer, Idaho. The incident began when the white Spokane Valley Paramedic Suburban was stolen while on a call at Fourth and Uiuversity. A Waslun;ton State Patrol trooper spotted the Page 2 fleeing truck ncar CJnivErsity and Dishnian-Mica Road, but lost it. Officcrs and deputics picked up the chase again southbound on Highway 27 and warned V✓hitman County deputies that it was headed their way. JtLSt outsidc Tekoa, a Whitman County deputy attempted to deploy spike slrips, but the suspcct crashed into lus cruiser. The chase continued on back roads toward Idaho. Officers, deputies and dispatchers cventually decided that the suspect was monitoring their broadcasts on the fire department -radio inside the Suburban. I-Ie likely was able to circumvent their efforts to contain him by listEning to dEputies give each other d'uections. They later learned that the suspect was taunting fire department dispatchers during the chase. The suspect crashed near Plummer or Tensid, Idaho. In addition to the dalnaged Whitman County Sheriff's car, two Spokane County cars becamc mircd in a field and had to be towed out. Neither the suspect nor any Spokane Valley officcrs were injured during the chase and the cra,sh that ended it. Criminal charges in Washington alonc could include Taking a Motor Vehicle Withaut Owner's Pennission, Attempting to Elude Police Vehicles and possible assault charges relative to the crash in Whituian County. SCQC)TFRS AND BIKE$: . There were no crashes involving scootcrs and or pedal bikes in April. Page 3 , 1~ 1 2006 MARCH CRIME REPORT ~ Mar. 2006 1 Mar. 2005 12006 to date 12005 to date 12005 Total BURGLARY ~ 461 721 153 1 1791 997 FORGERY ~ 281 441 73 1181 465 MAUCIOUS MISCHIEF ~ 691 951 241 2121 1,224 NON-CRIMINAL 1 831 681 197 1 1931 916 PROPERTY OTHER 1 801 117 241 1 342 1 1,685 RECOVERED VEHICLES I 291 31 69 1 801 390 STOLEN VEHICLES I 531 381 131 I 1141 577 THEFT ~ 1361 1881 437 1 559 1 2,853 UIOBC ~ 21 11 - 3 1 31 10 VEHICLE OTHER ~ 01 OI 01 41 40 VEHICLE PROWLING 1 661 941 229 1 2421 1,382 TOTAL PROPERTY CR/MES 1 5921 7481 1,774 1 2,046 1 10,519 ASSAULT 1 871 . 811 210 1 209 j 880 DOAfSUICIDE ~ 11 l 11 l 46 1 36 1 164 DOMESTIC VIOLENCE ~ 531 671 1221 1891 755 HOMICIDE I 01 OI 01 01 5 KIDNAP ~ 11 4 6 101 24 MENTAL . ~ 301 37 111 1141 386 MP ~ 91 71 22 I 28 1 106 PERSONS OTHER 1 771 100i 2551 323 1 1,624 ROBBERY 1 31 71 101 151 58 TELEPHONE HARASSMENT 1 51 11 l 20 1 32 ~ 190 TOTAL MAJOR CRIMES 1 2761 3251 802 1 9561 4,192 ADULT RAPE ~ 21 31 81 61 37 CHILD ABUSE I 71 51 24 1 35 1 126 . CUSTODIAL INTERFERENCE 1 81 61 27 1 221 205 SEX REGISTRATION F 1 01 0l 01 21 4 INDECENT LIBERTIES 1 11 OI 81 11 21 CHILD MOLESTATION 1 71 31 181 151 77 CHILD RAPE 1 91 31 17 1 121 30 RUNAWAY 1 351 391 831 941 437 SEX OTHER ~ 151 171 43 1 35 1 162 STALKING + 51 11 51 31 35 SUSPICIOUS PERSON ~ 11 l 211 451 68 1 341 TOTALSEXCR/MES ~ 1001 981 2781 293 1 1,475 DRUG ~ 561 801 217 1 234 1 999 ISU OTHER ~ 01 01 01 0 l 1 TOTAL ISU ~ 561 801 2171 234 1 1,000 TOTAL TRAFFIC REPORTS 1 2581 1641 732 1 - 6121 2,776 TOTAL REPORTS RECEfVED 1 1,2821 1,4151 3,803 1 4,141 ~ 19,962 I ~ C 0 3? fi ~ ~ te lk p ' _ ~ , ~r.•-~~~~_ Kw d-r m~ j _ ~ g ~ ~ t?~` id -t {l '-3-• Y~Z ~ ~ r~1 ~ ~y J ^ ` ~ - ~ ' N ~C - . . . . ; . t~ ~ . _ . ~ : ~LS ~ON +i~lt~► -t,~~ "i _ n~ ~ n . - 'Q " ~ ~ '~G~ ~ - ~ - • ~ 1 ~ t►~, u+c~,.~'~-°--' ` s$'~'~--- . ~._.---_1 w~;~ r $ t ~ j ` ` ' ~ r , T i ~ ~ 1 ~ A1►b a~t t~ t L'n U,f -v ti~i-' l•c M1g51~_~j'r~ t`~i-~', ~ ~ ~ _ . - ~ ~ ; ~ ~ ' . lith . - ~ , y ~ ~~~rR~` ~ • _ ~ ~ v _ , `-0 111~~! ~ . ` ♦ i - - • ~ :;d~ ,~~.?►s C , ~ ' ' T " ~ ~.x` . i ; _ ~ ~t, cH tS► -1- w!~, ~p ife~ti ~vN1- ~ •~.l-f L ~ ` ~ ~Y-k ! 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" r' ~ f , `v .~j" A ~ ~1 _ ' • " ~ c,,' I w t ~ ' ~ ~ ~ ' ~ ,a~- :i', F~► .~~i~~ ~ ` rt r frt+t ~ ~ 'r 1.;:~ - _I~ 4, t ~ -4~. ~u ~ ~ Ilttz ~ ~ _ ` S ~ • + - L YM1 ~ t ~ ' ~ ~ ~ ~ ~ ~ ~ 13h.~m " ~ • " ~ . L'. . . . : ' J~1 - n- t 1q~jjttl- ~ 3 ,~r` ' fl. tr ~~y~._. T~ ..r, _ • " ~ _ L~ ~ - . s~~ 8i. •,t~ ~ ~ . . r'o ~ - ~ -~cf~ `-~y~,~~ ,,~u~, , E, ' ~o~ Q' ~4~' ~~~~'~tr~~~' ~~7fi~ - ~+tn ~ 1 m~ ~~a ~ Coit`►a .l0n,o 44 F5 ~~~c tn ~ 12 5th pLc)w ~Medit n --A w A41n 46 - ~i<~?• . ~ ~ -t~ s ~ ~ ~ i w _ , ,rHi9h a ? ~ ~+►th j , r -vjE,~: p 2nnA 17 APn1 ~ CITY OF SPOK.AiYE VALLEX Request for Council Action vlceHng nate: May 23; 2006 City Manager Sign-off: Ttem: Check all that apPly: ❑ consent ❑ old business ❑ new business ❑ public hearing . X infvrmation ❑ admin, report ❑ pending legislation AGENDA TTEM TITLE: I'ime-Warner fibcr opiic franchise GOVFRNING LEGTSLA'l'ION: RCW 35A.47.040 PREVIOUS COUNCIL' ACTIOn' TAI{.EN: None on tlus franchi'se. The Council has adopted franchises For clazee ottiEr fi.ber providers in Spokane Valley. BACKCROUn°D: Staff was contacted in 2005 by T'ime-Warner Telecom of Washington (Time- Warner) about negotiaking a franchise agreement 'whereby Time-VJarner could place fiber optic cable in the City right-of-way (RpW). - In the course of the negotiations, I had numerous disctissions xvith the staff attorney about different provisions in the proposed franchise agreeiuent I sent thein. The draft I sent was, in O essence, a copy of what had been adapted for OneE•ighty, Columbia and EiNIAN Neh4•orks. , Based on our ciiscussions,l toolc a very close look at the language. Ba,.~ed on some eomments by Time-Warner's attorney, and based in part on my own analysis, there are some proposed changes to what staff has previoitsly presented to yau as the form fiber franchise agreement. To avoid confiision, I will identify each substantive change and eYplain in suuunary fashion why staff is suggesting a change is warranted. Section 4- Subsection 1- The prunary change would be a reduction in reserved capacity f:rom four dark strands (twro pair) to turo strands Cor use by the City wherever needed for usc by the City where it passes a City facility for public purposES. The reason for the reduction is lhat t-wo strands would previde 1tremendous acnount of bandvvidth for the City, most likely more than it wotdd need within the life of the franchise. 1=urthermore, having the reserved bandwidth committed to the Ciry means that a fibcr comPany would not be able -to use it for financial purposes. Section 4- Subsection 3- Federal law prohibits municipalitics From requiring fi-anchising businesses to provide things to the municipality that are unrelated to the manageinent of the ROW. The other attomey originally objected ta the requircment of four fibers at a ratc substantially below tlieir market ratE. Based on some mutual considerations, such as the reduction in the number of fibers, and a tEntative agreeincnt thal at such time as Time-Warner exhausts a11 othcr capacity within the _fiber bundle that the City may be accessing that the City will increase its pa}rment rate to the market rate, we were able to tentatively resolve the issue. If implemented, this wotild represent a unique temi for Time-Wamer ui all of the franchises it has ~ acrass the country. Fart of ttic reason they were willin; to look at doing this is the potential - impact through use on their system. It was important for them that the City does not have any utilities such as water or sewer, does not have its own fire clepartment, does not have schools, and does not have its owm police. Based on these factors, Time-Warner determincd that any systcm they construct in Spokanc Valley would not be heavily impacted by our usc. AnothEr critical factor was that the Ciry not use the fibers, or allow anyone else to use the fibers granted to thc City, for any scrvicc that would compete with 1"imc-Warner. J - Section 7- RCW 35.99 provides some rules for what cities can and cannot require from franclusees. This reference occurs several more times, and the explanation xvill not be repeated. Section 11, second paragraph - VJhen Time-Warner requested ttus, I could not come up with a compelling reason against the change. Section 13 - The City changed some of its regulations regarding use.of the ROW since the first fiber franchises were adopted, and ihis language most aCCUrately reflects xfiat the City wants to see happen, which is that the franchisee follow our currently adopted codes to fix any problcm. Section 26 - Thcre are sevcral changes in this section. Most represent some attempt at clarifying the rights and responsibilitics of thc parties. The last sentence includes a statemcnt that franchisec will indemnify the City for any pollution damagc resulting from hazardous substances, but only as long as any applicable statute of limitations. I think that is rEasonable, since the City woulcl not face any liability after the cxpiration of any statutc of limitations anyvvay. Section 30 - It seeined reasonable to strike this provision sincc we arc gcncrally only concerned with existing structures. Further dovvri Section 30, we retain the right to request "potential imprnvement plans" if we tliuil: we will actually need them. Section 31 -!'his change makcs the franchise language consistent with our currently adopted provisions regarduig excavation, and will bc flcYible for future changes in those regulations. -J Section 35 - This change reflects a recognition that it may take a franchisee some time to ' plan for, and execute, a change in location of facilities in the event of a street vacation. This is likely to be a moot point, as the City grants street vacations subject to any existing property riglit, wluch would include a francluse. Section 36 - Tliis change represents the more commQn view of how potential liability rnay be apportioned as between rivo similarly-situated parties. Section 37 - The revised language for insurance liability reflects updated language that Washington Cities Tnsurance Authority (WCTA), the CiYy's insurer, recently requested go into contracts entered into by the Cily. Seetion 38 - This language reflects a recognition that il gets expensive for an encity to continually obtain bonds to work in the ROW each time it wants to do a projecl. This would ensure that an appropriate bond -is available for the life nf the franchise to cover any non- performance by the franchisee. It provides a highEr levcl af insurance for the City, and is less erpensive for the fi•anchisee. The City will also have the option to require a larger bond in the unlikely evenl of a project that could have a repair requirement higher than $25,000. Section 40 - This represents a desire by Time-Warner that the existing provisions apply to both parties equally. In its most basic form, ttus section states that each party vvill comply with all applicable local, state and federal lavvs that may apply to thc franchise, and that the franchise cau conform to changes in those laws. This reflects a requirement in federal law on f J telecommunications franchising. Section 42 -!'his change could be argued as being more reasonable from the standpoint 0 ef cotruuercial reality. It also reflects language that provides adequate protcction for the City. Section 52 - This zeflects a requircment existing in federal telccommunications law that a mtuucipality not agrcc to terms with one franchisee that are materially different than those agreed tn xvith another franchisee. Time-Warner rcfers to this as a"niost favored nation" elause, . as did the City at variotis times three years ago in contract discussions. Again, this is a restatement of a rcdcral requirement and appexrs reasonable. There were other requested changES that attorneys for the partics discussed, and ultimately rejected for various reasons. 1 would like to comment that the attorney for Tirne-Warner was rea.sonable, patient and pleasant to work -vNzth throughout this proeess. As the City Council uncierstands from thcse suggested changes, this will have spill-over effect in that the other lhree fiber franchises will need to be amended to conform lo these changes if the Council approves the Tune-Warncr franchise. I think ttus can bc accomplished by submitting an addcndtun to the Council for consideralion aiid approval to Columbia, OneEighty and LMt1N' providing all of these chFtnges. I would nntify each of thcthree ahead of tinle of the potential changes. If these changcs are approved by the Coiuicil, each oF those tlu•ee would be brought f~orward separately, but likely at the same meeting. Each f.ranchisee would then neeci to agree in ~ATiting to the changed conditions. ~ QPTIONS: Recommcnd changes to the proposed draft Time-NVarner franchise. RFCOib1NiENDED ACTiOY OR MOTIQN: None at tkus time. BUDGET/FINANCIAL IMF'ACTS: None STAFF CONTACT: Cary P. Driskell, Deputy City Attorncy - f1TTACHMENI'S: Proposed redline version of Time-Warner &anchise. Froposed Time-Warner franchise - C. Deiskell CiTX OF SPOKANF VA.LLFY SPOKANE COUNTY, WASHENGTON ORDINANCE NO. 06- AN ORDYiYANCE OF TffE Cl'1'Y OF SI'OKAIYE VALLEY, SPOKANE COUNTX, WASAINGTON, GRANTIlVG ANQN-FXCLUSIVE PRANCMSE TO TIME WARN'ER TELECOri OF WASdINGTON LLC, TO COiNSTRUCT, MAINfA:IN AND OPERATE CERTAIN FACI1TI7ES WYTHIN '1'HE PUBLIC RIGHTS-OF-R'AY ANA PUBLiC PROPFR.T..IFS OF TAF C.I'['X OF SPOKANF VA.LT.,TY. NVI-IEREAS, RCW 35A.47.040 authorizes the City to grant, permit, and regulate non-exclusive fr►nchises for the use of public streets, bridges or other public ways, struetures or places above or below the surface of the ground for railroads and olher routes and facilities for public conveyances, for poles, conduits, tunnels, towers and structures, pipes and wires and appurtenances thereof far trazismission and distribution of electrical energy, signals and other mcthods of communication, for gas, steam and liquid fuels, for water, sewer and other private and publicly owned and operated facilities for public service; and WHEREAS, the grant of such non-exclusive franchises requires the approving vote of at least a majority of khe cntire City Council and publiealion at least oncc in a newspaper of general circulation in the City; and ' WI-TER,EAS, the Couitci) .finds that the grant of the franchise contained in this Ordinance, subject - to its terms and conditions, is in the best interests of the public. • O NOW, TF1EREFORE, the City Council of the City of Spokane Valley, Spokane County, Washirngton, docs ordain as follows: Secdon 1. Definiticans. For the purposc of this Ordinance, the following words and terms shall have the meaning set forth below: 1. "City Manager" means the City Manager or designee. 2. "construction" or "cc)nstrucY" sliall mean constructing, digging, excavating, Iaying, testing, operating, extending, upgrading, reneNving, removing, replacing, ancl repairing a facility. 3. "clay" means a Ywenty-four (24) hour period beginning at 12:01 a.m. If a thing or act is to be done in less than seven (7) days, intermediate Saturdays, Sundays and legal holidays shall be excluded in the computation of time. 4. "distribution system, system and lines" used either in the singular or nlural shal) inean and include the poles, conductor, pipe, mains, laterals, conduits, feeders, regulators, meters, fixtures, connections; and all attachments, appurtenances equipment and appliances necessary aiid incidental thereto vr in any way appertaining to the distributinn of the service or prnduct and which are loaated within a right-of-way. 5. "facil.ity" used either in the singular or plural shall inean any tangible ~ component of the transmission and distribution system within the right of way or on public property, including supporting structures, located in the operation of Ordinance 06- "I'itnc-Warner Fiber Nranchise Pagc 1 of 17 Proposed'Time-Warner franchise - C. Driskell activities authorized by this T'ranchisc. The abanclonment by Grantee of any facilities as defined herein shall not act to remove the s,ame from this definition. 6. "hazardous substances" shall cnean any substance or material deFmed or designated as har,ardous or toxic wa.ste, hazardous or toxic matcrial, a hazardous, toxic or radioactive substance, or other similar terni, by any federal, state or local environmental statute, regulation, or ordinanco or decision of a state or federal • court or administrative agency or body, presently in cffcct or that may be promulgated in the Future, and as such statutes, regulations and ordinances may be amended from time to time. 7. "maintenance, maintaining or maintai.n" shall mean the work involved in the rcplacement anci/or repair' of Facilities; including constructing, relayine, repairing, replacing, examining, testino, inspeeting, remaving, digging and excavati.ng, and restaring operations incidental thereto. 8. "Permittee" shall mean a person or entity who has becn granted a permit by tlie Permitting Authority. ' 9. "Pcrmilting Authority" shall menn the City Manager or designcc authorized to process and grant permits roquirecl to perform «rork in the rigfits-of- way (i.c. Obstruction Permits). 10. "product" shall refer to the item, thing or use provided by the Grantee. 1 I. "public property" shall mean any real estate or any facility owned by the City. 12. "Fublic Works lai.reclor" shall mean the Spokane Valley Public Works Director or hislher designee. 13. "right-of-way" shall refer to the surface of and the space along, above, and bclow :iny street, road, highway, freeway, IFtne, sidewalk, llley, court, boulevard, parkway, drive, Grantee easement, 1nciJor road right-of- wfly now or hereafter helcl nr administered by the City. • 14. "streets" or "bighways" shtill mesin the surface of, and the space above and below, any public street, road, alley or highway, within the City used or inCended to be used by the geneml public, to the extent the City has the right to allow the Grantce to use them. Section 2. Grant of Franchise. 7'he City of Spokane Valley, a Washington municipal corporation (hereinafter the "City"), hereby grants unto Time Warner Telecom of Wasliington .LLC, a Delaware limited liability company doing business in Washington (hereinafter "Grantee"), a franchise for a period of ten (10) years, begi.n.ning on the effective date of this Ordinance, to install, constrvct, operate, maintain, replace and use all necessary equipment and facilitics to placc facilities in, under, on, across, over, through, along or below the public rights-of-way and public places located i.n thc City of Spokane Valley, as approved under City permits issued pursuant to this franchise (hereinafter the "Franchise"). Ordinance Ob- 1'ime-Warner Fiber Franchise Page 2 of 17 Proposed Time-Warner franchise - C. Driskell ~ Section 3. Fee. No right-of-way use fee is imposed for the term of this Franchise. Any such rit,ht-of-way use or franchise fee that may be imposed by subsequent ordinance would apply to any subsequent franchise, if any, between the parties. Section 4, Citv Use. The follo«ring provisions shall apply regarding City use. 1. Grantce ames to reserve to the Citv the riaht to access ttivo (2) dark fiber strands at everv locati4n aassed bv Grantee's facilitics within the bounclaries'of the Citv. for sole arid exclusive municioal use or desianation. with access to anv buildinLy or facilitv desianated bv the Citv_ subiect to the nrovisions of naraLyrnnh 3 below of this Section 4. Said dark fiher shall be reserved for use bv the Citv for eovernmental nurnoses. I'ROVIDED. that as to the fiber resources eranted to the Citv under the tenns of this nrovision. thc Citv aLyrees that it will not use such fiber as a public utilitv nrovider of telecommunications business service to ihe nublic. The Citv reserves tlle riizht Co conrieet its rivo daric fiber sh-ands to other fiber netwark orovidcrs. with the aoal ot'aehieving- maximum connectivitv for Citv nurooses. Grefitee-atFee:s-4o-gf:e'wt-t' e-affetif (4)-dafl(-~r s eA L• 'fih' e Gity, f;ef sele an ex-edus;ve munieip a ~ 2-fl(3Ei 9thty fl~tE~-(~flf @Fy@d-46C-• t... Oe r'ty ~ -g,,ff8ii9tfl2ftW Ptifpes@Si 130n' ~ f-f'£56u E2f~E'C t1.., s.,..,,.,. ,.!'+1,:s Pf8Vt5i , a R6i-iisc-ueh fiv°cf-&S-N-p teleeernmunieations-busin ptiblie. ~ e6i3i92L't-t~ jdv4"G'-bkAttl--9f~3fh-FG`vl+}---H3flXttlifffft O eefinee~ity fei-GttyTuFpeses- ~ 2. °l`he City sball have the right to access by connection to the hwo 4btff dark fiber strands at any location served by this Frtinchise within the City limits. The City shall provide at least 30 days written noCiee of intent to access Grantee's service. 3. The City shall pay all costs associated with constructing any City eonnection to Grantee's Frinchisc service. The City shall pay Grantee a recurring monthly charge of $20.00 per Fber pair per mile in use by the City unless otherwise speci£eally agreed by both the parties in writing. Said monthly recurring charge shall not be imposed until such time as thc fiber is put inCo use by City. A fiber pair refers to Cwo strands of cable. AE such tiroc that Grantee runs out of ' canacitv in the fiber bundle in which the CitVs reserved fiber nair is contained. then the Citv shall beein oavinQ Grantee's standard recurriniz monehiv rate unon diirtv (30) davs' written notice. 4. Consistent wilh jVashington Ch. 83, laws of 2000, section 7, at such time when Grantee is constructing, relocating, or plaeing ducts or conduits in public rights-of -way, the Public Works Director may require Grantee to provicle the City with additional duct or conduit iind related structures necessary to access the conduit at mutually convenient locations. Ac►y ducts or conduits providecl by Grantee under this Soetion shall only be used for City municipal purposes. A. The City shall not require that the addidonal duct or conduit space be connecled to the access structures and vaults of the Grantee. ~ B. This section shall not affect the provision of an institiut'ional networic by a cable television provider under fecleral law. Ordinance 06- Time-Warner Fiber Franchise Page 3 of 17 Proposed Time-Warner franchise - C. Driskell C. Grantee shall notify the Public Works Director at least 14 days prior to opening a _'•i trench at any location to allow the City to exeroise iis options as provided }icrein. . Section 5. Recoverv oE Costs. Grantee shall be subject to all pcrmit fees associated with activities undertaken lhrough the authority ganted in this Franchise or under ordinances of the City. Where the City incurs costs and expenses for review or inspection of activities undertaken through thc authority granted in this rranchisc or any ordinances relating to the subject for which a permit fee is not . established, Grantee shall pay such costs and eacpenses directly to the City. Yn addition to the above, Grantee shall promptly reimburse the City for any and all cnsts it reasonably incurs in response to any emergency involving Grantee's facilities. Section 6. Non-Exclusivitv. This Franchise is granted upon the express condition that it shall not in any manner prevent the City from granting other or further franchises in, under, on, across, over, through, along or below any rights-of-way, streets, avenues antl any other public lands anci properties of every type and deseription. This and other franchises shall, in no way, prevent or prohibit the City from using any of its riglits-of.-way, rnads, streets or other public properties or affect its jurisdielion over them or any part of them. Tbe City hereby retains full power to make all changes, relocations, rcpairs, maintenance, establishments, improvements, dedications or vacation of same as the City may deem fit, including the dedication, establishment, maintenance, and improvement af all new rights-of- way, streets, avenucs, thoroughfares and other public properties of every type and description. Section 7. Non-Interference wilh Eristina Facilities. The Ciry shall have prior and superior right to the use of its roads, streets, and alleys, and public properties for installation and maintcnanee of its facilities and other governmcntal purposes, and should in the sole discretion of the City a conflict arise wiih the GranteE's facilities, the Grantee shall, at its own expense and cost, c;onform to the City's facilities I atid other government purposes of the City. unless RCW 35.99.060 orovides otherwise. The owners of all utilities, public or privatE, installed in or on such public properties prior to the installation of the lines and facilities of the Grantee, shall have preference as to the positioning and loc.atinn of such utilities so installed with respect to the Gr►ntee. Such preferenee shall continue in the event of the necessity of relocating or ehanging the grade of any such public properties. Grantec's system shall be constructed and maintained in such manner as not to interfere with any public use, or with any other pipes, wires, conduits or other facilitics that may have been laid in thc rights- of-way by or under the City's authority. Sectian Rip-,ht to Roads Not Sunerseded. The City,, in the granting of this Franchise, does not waive any rights wh.icli it now holds or may hereafter acquire, and this FrFUichise shall not be construed so as to deprive the City oPany powers, rights, or privileges which it now has, or may hereafter acyuire, including the right of eminent domain, to regulate the use and control of its mads covered by this Franchise, or to go upon any and all City roads and highways for any purpose including constructing, repairing, or imprnving the same in any such manner as the City, or its representatives may elect. The City shall retain full authoritative prnvcr in lhe same and like manner as though this Franchise had never been granted. Nolhing in this Franchise shall be construed to prevent the City from construcCing facilities, grading, paving, repairing andlor alteri.ng any street, or laying down, repairing or removing facililies or eonstructing or establishing any other public woric or improvement. All sueb work shall be done, insofac as practicable, so as to not obstruct, injure or prevent the unrestricted use atid opcration of the facilities of the Grantee u.nder this Nranchise. If, however, any of the Grantee's facilities interfere wich City projects, ~ ~ Grantee's facilities shall be removed or replaced unon reasonable written notice to Grantee. Any and all Ordinance 06- Time-Warner Fiber Franchisc Page 4 of 17 Proposed Time-Warner franchise - C. Ariskell O such removal or replacement shall be at the sole expense of thE Grantee_ unless ttCW 35.99.060 arovides oCherwise.. Should Grantee fail to remove, acljust or relocate its facililies by the date esrablished by the Public Works 17irector's written notice to Grairtee flnd in accorciance widi RCW 35.99.060, the City may cause and/or effect such removal, adjustment or relocation, and the espcnse thereof shall be paid by Grantee. Section 9. Commencemcnt of Construction. Construction of the facilities conterr►plated by this Franehise may commence within five (5) days of the efE'ective date of th.is Ordinance, provided that such time limit shall not apply to delays caused by acts of God, strike or other occurrenees over «fiich Geantee has no control. Failure to begin construcrinn of facilities within one (1) year of this franchise shall aulomatically result in termination of this franchise. Section 10. Construction Standards. All facilities shall be installccl in conformity with the plans and specifications filed with the City, escept in instances in which deviation may be allowed in Nvriting by the PuUlic Worl:s Director pursuant to applicarion by the Grantee. All plans and specifications shall speeify the class and type of material anrl equipment to be used, manner of excavation, construction and installation, bacl~ill, erectien of temporary structures, erection of pernianent structures, and the traffic control mityaation measures as provided by the Manual on Uniform Traff"ic Control Devices, or similar standards as may be applicable from time to time. The plans must meet all Federal, State, County and City Cocies and thc Utility Accommodation Plan Standards. Notwithstanding any prnvision herein to the contrary, any excavations and installalions by the Grantee in any of the public properties within the corporate limits of the City shall be done in accordance with such reasonable rules, regulations, and resolutions of genera.l appliaation now enacted or to be ~ enacteti by City Council, relating Co excavations in public properi:ics of the City, and authorized by the Public Works Di.rector. Said rules, regulations, authorizations, and resolutions shall be for the purposes of fulfi.lling the City's public trustee role in administering the primary use and purpose of public properties, and not far relieving the Grantee of any duty, obligation, or responsibility for the competent design, construction, maintenance, ancl operation of its facilities. Grantee is responsible for the supervision, cnnciilion, and quality of the work done, whether it is by itself or by contractors, assigns or 1aCflC1ES. . SecNon 11. Soecial Construction Standards. During any period of ,vork relating to Grantee's facilities, all surfacc structures and equipment, iE ariy, shall be erected and used in such places and positions within or adjacent to publie ri,ghts-of-way and other public properties so as to interfere as little as possible «<ith the free passage of veh.icular and pedestrian traffic and the free use of adjoi.ning properry. Grantee shall, at all times, post and maintain proper bamcades and comply with all applicable safety reoulations during such period nf eonstruction as required by the ordinances of the City, conditioris of permits, and laws and regularions of the State of Washington, specifically ineluding RCW 39.04.180 far the construction of trench safety systems. If Grantee shall at any time be required, or plan, to excavate trenches in any area covered by this Ordinance, the Grantee shall afford the City an opportunity tp perniit other franehisees and utilities to share such eCCavated trenches, nrovided that: (.L) such joint use shall not unrcasonably delay the work of the Grantee; and (2) such joint use shall not adversely affect Grantee's facilities or safety thereof. VAieft deeffied-sppfepriat}r-d~e-GiLy,-Joint users will bs repuirecl to contrinute to the costs of excavatiQn and fillinp on a ora-rata basise~t-~rs . ~ien-mEfillin,-,. Section 12. RestoraXion A.fter ConstTUCtion. Gc'antec shall, after abandonmcnt approved under Section 29 herein, or any other installarion, construction, relocation, maintenance, ar repair of facilities within the area of this Franchise, restore the surface of the right-of-way or public progerty to at Ordinaiice 06- Time-Warncr Fiber Franchise Page 5 of 17 Proposed Time-Warncr franchise - C. Driskell least the currently adopted City staudards or as required by the 1'ublic Works Airector through a right-of- way permit, depcnding upon special circumstances. Grantee agrees to promptly complete all restoration ' work and to promptly repair any damage caused by such work within the aresi of this Franchise or other affected arca at its sole cost and expense. Seetion 13. Damaee and Non-Comoliance. Anv and all damae.e. or iniurv. done or caused to Citv riLyht-of-wav. Citv facilities. or anv norlion thereof in the construction. ozieration, maintenanee or renair of Grantee's facilities shall be immediatelv recaired and reconstructed in conformance with citv ordinance. reeulation or nolicv as adqoted or herebv amended. Azay-ae!l daiii$ge, er-iejiij;.s-,rd , Gity i ies~r--(HIj'-{e ien theFeef i+rtheeeas~treti , epemtian, mainte. f-9f 6ffrriEee'- , dttttely repsir- e-~ . he-eye.,* the G...,.,t,.,, ..h,,n €a•'~ , .,o„le,.* fefuse4e4m*iediately-fepair-ami-meeiistmet niag Es-o~ , e-ds ' nifnediately taid by t~►e-C A.e-C-iEy- . . > > cAtiding--a deser•ipt-ietra€-eetiee---EHe-6~-believes rteees5f~~y-to-i 'g Ec-- t FesteFed with-i-n t-en--(1-0) ;i , the , . ' , stere the-F+g#t . nsible fOF all eests and-eWense epeif afil-resEar e' 'th tli;;-Fr-anehise. T-he-~~anted-ta-t:he h ti:..n,.r;aT~.',,ise- , ` . Section 14. Protection of Monuments. Before any work is performed under this Franchise wtuch may affect any eristing monuments or markers of any nature relati.ng to subdivisions, plats, roads, and all other surveys, the Grantee shall reference all such monuments and markers. The rcference points shall be so loeatecl ,that they will not be disturbed during the Grantee's operations under this Franchise. '1he method of rcferencing these rnonuments-or other points to be referenced shall be approved by the Public Works 17irector All concrete encased recorded monuments which have been disturbed or displaced by such work shall be restored pursuant to State arid Federal standards and specifications. The replacement of all sueh monuments or msrkers disturbed during consLruct•ion shall ba made as expeditiously as the conclitions permit, and as ciirected by the Fublie Works Tairector. The cost of monuments or other markers lost, deslroyed, or disturbed, anci the expense of replacement of approved monuments and other marker lies which have been re-established or disturbed shall be bome by the Grantee. Section 15. 17rainaae. Tf the work done under this Franctuse interferes in any way with the , draina.ge of a City right-of way, the Grantee shall wholly and at its awn espense malce such provisions - necessary to eliminate the interference to the drainage tn the satisfactiou of the Public Works I)irector. Sectiun 16. Obstniction Permits 12eauired. Whenever Grantee shall oceupy or excavate i.n • any public right-ef-way or other public property for the purpose of i.nstallation, construcdon, repair, maintenance or relocativn of its faeilities, it shall apply to the City for a permit to do so, together widi detailed plans and specifications showing the position, deptb, ancl lacation of all such faci.lities in relation to existing rights-of-way, mads, streets, or other public property, hereinafter collectively rcferred to a.s the . "Plans." All work within any public rights-of-way or on other public properiy shall be pursuant to a valid permit. The facilities shall be installed or constructed in e.Yact confonnity witb said Plans except in instanccs in which deviation may be allowed by the City, in wril•ing, in response to written applic,ation by Gritntee. "I'he Plans shall specify the class and type of material and equipment to be used, maruier of Ordinance 06- Tune-Warner Fiber Franchise Fage 6 of 17 Proposed Time-Wamer franchise - C. Driskell O escavation, construction, installation, backfill, erection of temporary structures and faeilitics, erection of permanent structures and fi cilities, traffic control, traffc turnouts and road obstruetions, and all other necessary inforniation including a schedule for the work. During the progress of the work, Grantee shall nnt unnecessarily obstruct the passage or proper use of the rights-of-way. Grantee shall file as-built plans and maps with the City showi.ng the final lacation ofthe facilities. AU restoration of rig}its-of-way, roads, streets, storm drainage and the surface of other public property shall be in conformtince with City standards, and condilions of the permit. Section 17. Maintenance. Grantee sball provide and put in use al) facilities-necessary to control and carry GranCee's products so as to prevent irijury to t}ie City's property or property belanging to any person within the City. Grantee, solely at its own expense, shitll repai.r, renew, change, and improve said facilities from timc to time as may be necessary to maintain the same in good condition. Grantee shall not construct its facilities in a manner that requires any customer to install cables, ducts, conduits, or othee facilities, in, under, or over the City's rights- of-way. Seetion 18. Emerkencv ltesponse. The Grantee shall, withi.n six months of the e:cet;udon of . this Franchise by,thc Grantee, prepare and file with the City and adhere to an Ernergcncy iManaLemenC Plan (ihe "l'lan") for re,sponding to any spill, break, or other emergency condition. 'I"he. Plan shall designate re•sponsible officials and emergency 24-hour on-call personnel and the procedures to he followed when responding to an emergency. When developing such Flan, the Grantee shall vvork with the Public `Vorks Director and the City's Police Department to determine when and how the same shauld be contacted duririg emergencies. AfZer beinb notified of an emergency, Grantee shall cooperate wit}i the City and make every effort to immediately respond with action to minimize damage anci to pratect the health and safety of the public. ~ In the event the Grantee refuses to promptly talce the directed action or fails to fully comply with such direction, or if emergency conditions exist which require immediaCe aetion to prevent imminent injury or damages lo persons or property, the City may take such actions as it believes are necessary to . pratect persons or property and the C',rantcc shall b'e responsible to reimburse the City for its costs and any . expenses. . Section 19. Emervencv Work. In the everit of ariy emergency in whieh any of Grantee's facilities brealc, are damaged, or if Grantoe's facilities or construction areas are odienvise in such a condition as to immediately endanger any property, life, health, or safety, Geantee shall immcdiately infiorm the CiCy of the location 3nd condition and shall immediately titke all necessary actions to repair its . facilities, and Co cure or remedy any dangerous conditions. Suctt ctnergency work may be commenced . withoirt first applying for and obtaining a permit as required by this Franchise. I-Iowever, this provision shall not relieve Grantee from the requirement of obtaining any perrnits necessary for this 'purpese, and Grantee shall apply for all such permits not later than the nert succeeciing day during which the City is open for business. Sec6on 20. One-Call Svstem. 1'ursuajit to RCW 19.122, Grantec is responsible for becnming familiar with, and understanding, the provisions of `Vashinoton's One-Call statutes. Grantee shall comply with tfie terrrs and conditions set forth in the One-Call statutes. Section 21. Insnections and C'ee,s. All work pecformed by Grantee shall be subject to inspection by and approval of the City. The Grantee shall reimburse the City for all expenses incurred by the City in tha examination, inspection, and approval of Grantee's worlc. Such reimbursemenl shall be in addition to any other fees or charges levied by the City. Ordinancc 06- Time-Warner Fiber Franchise Page 7 of 17 . Proposed Tirne-Wamcr franchise - C. Driskell Section 22. Safetv. The Graatee, in accordance with applicable federal, state, and Iocal safety rules and regulations, shall, at all times, employ ordinary care in the iristallation, abandnnmenG, relocation, construction, maintenance, and/or repair, utilizing methods and devices commonly accepted in their industry of operation to prevent failures ancl accidents that are likely to cause damagc, injury, or nuisance to persons nr property. All of Grantee's facilities in the rights-of-way shall bc constructed and maintained in a safe and operational ccmdition. Grantee shall follow all safety codes and other applieable regularions in the installation, operation, and maintenarice of the facilities. Seetion 23. Builciine Movina. NVhenever any person shall have obtainccl permission from the City to use any right-of-way for the purpose of moving any building or other oversized structure, Grantee, upon fourteen (14) days' written notice from the City, shall raise or remove, at the expense of the Permittee dcsiring to move the building or structure, any of Grantee's facilities that may obstruet the movement thereof; provided, that the path for moving such building or structure is the path of least interference to Grantee's facilities, as determined by the City. Upon good cause shown by Grantee,.the City may require more than 14 days' notice to Grantee to mave its facilities. Section 24. Acquirinp- New Facilities. Upon Grantee's acquisition of any new facilities in the rights-of-way, or upon any additidn or annexaCion to the City of any area in which Grantee retai.ns any such facilities in the rights-of.-way, the Grantee shall submit to the City a written statement describing all facilities involved, whether authorized by Franchise or any other forrn of prior right, and specifying the location of all such facilities. Such facilities shall immediately be subject to the terrns af this Franchise. Section 25. Daneerous Conditions - Authoritv of Cilv to Abate. Whenever excavation, installation, construction, repair, maintenance, or relocation of facilities authorized by th.is Franchise has ~ caused or contributed to a condition that eppeafS te-substantially impairs the latera) support of the acljoining right-of-way, road, street or other publ.ic place, or endangers the public, adjoining public or ' private property or street utilities, the City may direct Grvrtee, at Grantee's sole expcnse, to ta}:e all necessary actions to protect the public and prnperty. The City may require that such action be campleted within a prescribed dme. In the event lhat Grantee fails or refuses to promptly take the aetions directed by the City, or fai.ls to fully comply with such direcdons, or if emergency conditions exist which require immediate action, the Cicy rnay enter upon the properiy and take such aclions as are necessary to protect the publie, adjaeent . public: or private prqperty, or street utilities, or to mai.ntain the latera) support thereof, and all other actions deemed by the City to be necessarv to nreserve the aublic safetv and welfa-e:,iafety preeautiens; and Grantce shall be liable to the City for all costs and expenses thereof to the extent caused bv Grantec. Section 26. Hazardous Substances. Graiitee shall comply with all applicable state and federal laws, statutes, rcgulations and orders concerning hazardous substances relating to Grantee's facilities in the rights-of-way. Grantee shall maintain and inspect its facilities located in the rights-of- way. Upon rea.sonable «Titten nndce to Grantee and in the presence Qf an auChorized representative of Grantee, the City may inspect itt Citv's sole cost, Grantee's facilities in the rights-of-Nvay to determine if any release of hazardous substanccs has occurred, or may occur, &om or related to Grantee's facilities. This inspection is not to remove the burden of inspection from the Grantee on a periodic basis of iYs facilities for hazardous substances, nor is to remove the•responsibility of the hazardous substance from the . Grantee. I.n removing or modifying Grantec's facil.ities as provided in this Franchise, Grantee shall also remove all residue of hazardous substances caused bv Grantee's mvmershio or oneration of its facilities within the Citv's ri2hl•-of-wav in compliance with applicable environmcntal clean-up standards related thereto. Grantee agrees to €sfeve~ i.ndemnify the City against any elaims, costs, and expenses, of any , kind, whether direct or indirect, incurred by the City itrising out of the release or threat of release of Ordinance 06- Time-Warner Fiber Franchise Page 8 of 17 Proposed Time-Warner franchise - C. Driskell hazardous substances caused by Grantee's ownership or operation ofits facilities within the City's right- ~ of-way. but not bevond anv anglic.able statute of limitations aeriod. Section 27. Environmental. Grantes shall comply with all environmental protection laws, rules, recommendations, and regulations of the United State,s and the State of NVashington, and their various suadivisions and aDencies as they presently exist or may hereafter be cnacted, promulgated, or amEndcd, and shall indemnify and hold the City harmless &om any and all damages arising, or which may arise, or be caused by, or iesu(t from the failure of Grantee fully to comply with any such laws, rules, recommendations, or regulations, whethee or not Grantee's acts or activities were intentional or unintentional. Grantee shall further indemnify the Cily against all losses, costs, and espenses (including legal espenses) which the City may incur as a result of the rcqui.rement of any government or governmental subdivision or agency to clean and/or rernove any pollution caused or pcrmitted by Grantee, whether said reyuiremcnt is during the term of the Franchise or subsequent to its termination. Section 28. Relocation of Facilities. Grantee agrees and covenants, at its sole cost and expense, to protect, support, ternporarily discannect, relocate or remove fro►n any street ar►y of its faeilities when so required by the Citv in accordance with the nrovisiont of RCW 35.99.060., by-fettsen-sf tFflffifi--(?9flditFA@ , . . _ ~nt , RS~FH~f~AR; (ihaf2g2-0i'-@ , Il9~:ftl0~}6fi-Af any=-pub,fio-iti~xa , provided that Grantee shall in all sueh cascs have the privilege to tcmporarily bypass, in the autliorized portion af the same strect upon approval by the City, auy section of their facilities required te be lemporarily disconnected or removed. 1f the City deterniines that the project necessiCates the relocation of Grantae's then- esisting -facilities, the City shall: a) At least sixty (GO) days prior to the commencement of such impravement project, provide Grantee with writtcn notice requiring such relocation; and b) Provide Grantee with copies of pertinent portions of the plans and specificatipns for such irnprovement project and a proposed location for Grantee's facilides so that Grairtee may relocttte its facilities in other City rights-of-way in orcler to accomrnodate . such improvement project. c) After receipt of such notice and such plans and specification, Grantee sh3ll _ cornplete relocation of its facilities at no charge or ex}sense to the City so a.s to accommodate the improvement project flt lea.st teu (10) days prior to commencement of the project. Grantee may, after receipt of written notice requesting a relocation of its facilities, submit to the City written altemal:ives to such relqcation. The City shall evaluate such alternatives and advise Grantee in writing if one or more of the altematives are suitable to accommodate the work which would otherwise necessitate relocation of the facilities. If so reqiiested by the City, Grantee shall submit additional information to assist the City in mal:ing such cvaluation. The City shall give each alternative proposed by Grantee full aud fair consideration. In the event the City ultimately detertnines that there is no other reasonable alternative, Grantee shall relocate its facilities as otbcrwise provided in this Section. • The provisions of this Section shall in no tnanner preclude or restriet Grantee frotn making any arrangenments it may deem appropriate when responding to a request for reloealion of its facilitics by any person or entity other than the City, where the facilities to be constructed by saici person or entity are not or will not become City ov,med, operated or maintained facilities, provided that such arrangements do not Qrclinance 06- Time-Warner Fiber Franchise Page 9 of 17 Proposed Time-Warner fianchise - C. Driskell unduly delay a City construction project. _J Seetion 29. Abandonment oF Grantee's Facilities. No facility consiructed or oNvned by Grantee may bc abandoned without the express writtcn consent of the City. Any plan for abandonment or removal of Grantee's facilities must be first approved by the City, and all necessary permits must bc obtained prior to such work. Section 30. lZecords. As a condition of this Franchise, and at its sole expense, Grantee ~ agees to provide the City with available as-built plans, petential imprevefrtent-pla»s; field locates, maps, plats, speeifications, profiles, and recorcls of its facilities within City rights-of-way upon request. Such documents shall be provicled upon request by Grantor within five business days of Grantor's request. These records sha.ll be in a digital clcctronic fortnat acceptable to the City, unless the Public Worl:s Uirector deems it to be a hardship to the Grantee, i.n which case a hard cvpy in a format acceptable to the Public Works Director shall be provided. To the extcnt such requests are limited to speci6c facilities at a given location within the Pranchise area in connection with the construction of any City project, Grantee shall pravide to the City, upon the City's reasonable request, copies of available drawings in use by Grantee showing the location of such facilities. Grantee shall field locate its facilit7es in order to facilitate design and planning of City improvement projec#s. Upon written request of the City, Gr•►ntee shall peovide the City with the most recent update available of any plan of potential improvements to its facilities within the Franchise area; provicled, ~ however, any such plan so submitted shall be deemed confidential and for informarional purposes only, and shall not obligate Grantee to undertakc any specifc improvements within the Franchise area. . ~ . , , The parties agree to periodically share Geographic [nformation SysCem (GIS) files unon written reauest orovidcd Graritoe's GIS files are to be used solelv bv Grantor for governmenta) nurnoses.-ftt4he C-femter's-dispesal. Any files pmvided to Grantce shall be restricted to information required for Grantee's engineering needs for installaCian, repair or replacement of Faeilities that are the subject of this franchise. Grantee is prohibited from selling any GIS information obtained from City to any third parties. Public Disclosure Act: Grantee aeknowledges that inforniation stiibmitted to the City may be subject to inspection and copying undEr the Wa.shington Public Disclosure Act codified in chapter 42.17 RCW. Grantee shall mark as "CONFIDENTIAL" each page or pnrtion thereof of any documentation/information which it submits to the City and which it believes is exempt from public inspeetion ar copying. 'fhe City agees to provide the Geantee with a copy of any public disclosure request to inspect or copy documentation/information which the Grantee has provided to the City anci marked as "CONFIDEN`l"IAY," prior to allowing any inspeCtion and/or copying as well as provide the Grantce with a time frame, consistent with RCW 42.17320, to provide the City with its Nvritien basis for non-disclosure of the requcstcd documentation/information. In the event the City disagrees with the Grant•ee's basis for non-disclosure, the City agrees to withhold release of the requested documentation/information in dispute for twenty (20 days until the Grantee can file a legal action under RCW 42.17.330. , Secfion 31. I:,i..m..itation on Future Work. In t}le Event that the Citv canstructs a new street or reconstructs an existint street. the Grantee shall not be oer►nitted lo excavate such street excent as 5et foKh in the Citv's then-adonted reaulations relatine to street cuts and cxcavaCions.1n-d3e-eyeat-that44 emsfing , , . ~e , ' e , ~ tiiiiess agFeed_b~. t~; oCitT Ord.unance 06- Time-Warner Fiber Franchise Page 10 of 17 Froposed Time-Warner franchise - C. Driskell ~ I Secdan 32. Reservation of Riizhts bv Citv. The City reserves the right lo refuse any request for a permit to extend franchise faeililies. Any such refusal shall be supported by a written statement from the Publie Works Director that extenciing the franchise facilities, as proposed, would interfere with ~ the nablic health_ safetv or welfare.a-publi . Section 33. Rcmedies to Enforce Compliance. In addition to aziy other remedy provided - herei.n, the City reserves the right to pursue any remecly to compel or force Grantee andlor its successors and assigns to aomply with the terms hereof, and the ptusuit of any right or remedy by the City shall not prevent the City from thereafter declaring a forfeiture or revocation for breach of the conditions herein. Section 34. Citv Ordinances ancl Regulations. Nothing herein shall be deemed tv direct or restrict the City's ability to aclopt and enforce all necessary and appropriate ordinances regulating the performanec of tlle conditions of this Franchise, i.nclucling any reasonable ordinances macle in the exercise of its police powers in the interest of public safety Fuid for the welfare of the public. Tlie City shall have the authority al all times to control by appropriate regulations the location, elevation, and manner of consh-uction and rnaintenance of any facilities by Grantee, and Grantee shall prnmpily eonform with all such regulations, unless compliance would cause Grantee to violate other requirernents of law. Section 35. Vacation. The Citv mav vacate anv Citv road, riaht-of-Nvav or other Citv oronerkv which is subiect to riEhts g-ranted bv this Franc}tise because said road. rifzht-of'-wav or other Citv nroaertv is no longer necessarv for nublic usc. Anv relocation of facilities resultinQ fi•om a street vaeation shall require a minimum of 180 davs nntice its orovidcd for in Section 47. , , a44 va@a , a j~ FEtEtti2d-by--tili9 ,th@-0i'-@~6I • . ~ Ffaftehise . . eTtff-pA9~~~v~i o ~~i f c fes~;-~g~t-ef-~~-~r-et~ier , RwtenEa~ eapaGi4};-the , w-' e-gmntee; , ,e€eFence-te-sae , ' Feter , and4he-Git, e less-~ ~iflatien: Section 36. Indemni.fication. Grantee hereby releases, covenants not to bring suit and agrees to indemnify, defend and hold harmless the Cily, its offcers, employees, agents and representatives from any and aLl claims, cosfs, judgments, awards or liability tn any person, including claims by Grintee's own employees to which Gruitee might othenvisc be immune under T'itle 51 RC`V, arising from injury or death of any person or damage to property of which the negligent acts or omissions of Grantee, its agents, servanta, oC£ecrs or employees in performing services under this Franchise are the pro:cimate cause. Grantee furtlier releases, covenants nol to bring suit and agrees to indemnify, defend and hold hannless the City, its officers and employees from any and all claims, eqsts, judgments, awarcls or liability to any person, including claims by Grantee's 9wn employees to Nvhich Grantee might othenvise have immunity uncier Title 51 RC`V, arising against the City solely by virtue of the City's ownership or control of the rights-of-way or other public properties, by virtue of Grantee's exercise of the rig}its granted herein, or by virlue of the City's permitti.ng Grlntee's use of the City's eights-of-way or other public properly based upon khc inspection or lack of inspection of work performcti by Grantee, its agents and servants, offccrs or einployees in connection with work authorizccl on the City's property or properly over which the City . has control, pursuant'to this Franchise or pursuant to any other permit or approval issued in connection with this Franchise. This covenajit of indemnification shall include, but not be limited by this reference, to claims against the City arising as a result of the negligent acts or omissions of Grantee, its agcnts, - servactts, officers or employees in barricacling, instituting trench safety systems or providing adequate ~ warning.s of any excavation, construction, or work in aay public right-of-way or other public place i.n performancc of woric or services permittecl under lhis Franchise. Ordinance 06- Time-Warner Fiber Franchise Page 1 I of 17 Proposed Time-Warner franchise- C. Llriskell Inspection or acceptance by the Ciry of any work performed by Grantee at the time of completion of construction shall not be grounds for avoidance of any of these covenants of indemni.fcation. ercent to . ~ the extent of the necyliLlence or willful misconduct of Citv. its officers. emolavees or aeents. Said indemnification obligations shall extend to claims which are not redueed to a suit and any claims which may be rompromised Prior to the culmination of any litigation or the institution of any litigation. In the event that Grantee refuses to accept the tender of defense in any suit or any claim, said ~ tender having been made in «Titine pursuant to the indemni6carion clauses contained herein, and said refusal is subsequently deterrnined by a eourt having jwisdiction (or such other tribumal that the parties shall agree to decide the matter), to have becn a wrongful refusal on the part of Grantoe, t}lcn Grantee shall pay all of the City's costs for defense of the action, including all reasonable expert witness fees and reasonable attorneys" fees and the reasonable costs of the City, including reasonable attomeys' fecs of recovering under this indemnifcatinn clause. Should a court of competent jurisdiction (or such other tribunal that the parties shall agee to decide the matter) determine that this Franchise, or work conducted under authority of this Franchise, is subject to R_CW 4.24.115, then, in the event of liabilily for danages arising out of bodily injury to persons or damages to property caused by or resutting from the concurrent negligence of Grantee and the City, its officers, employees and agents, Grantee's liability hereunder shall be only to the eactent of Grantee's neg.ligence. Tt is further specifiaally And expressly understood that the indemnifcaCion provided herein constitutes Grantce's waiver of immunity under Title 51 RCW, solely for the purpose, of this inclemnification. "I'his waiver has been mutually negotiated by the partie,s. The provisions of this Section 36 shall survive the cxpiration or lermination of this Franchise agrccmenC, for a period of three (3) years. unless the anolicable statute of limitations neriad is less. in which case the nrovisions shall survive no loneer than the annlicable statute of limitations oeriod.. Section 37. Insurance. Grantee shall procure and maintain for the duration of the T'ranchise, insurance against claims for injuries to persons or damages to properly which may arise &om or in connection with the exereise of the rights, privileges and authorily grinted hereunder to Grantee, its agent,s, representat:i<<es or employees. . Annlieant's maintenance of insurance as reauired bv this franchise shall not be construed to limit the liabiliN of the Grantee to the coveraec nrovided hv such insurance. or otlierwise limit the Cilv's reeotirse ta anv remedv available at law or in eauilv. 1. Automobile Liability insurance with limits no less than $1,000,000 Combined Single ' I.,imit per acciclent for bodily injury and propcrly damage. This insurance shall cover all owmed. non-owned. hired or leased vehicles used in relatinn to this franchise. Coveraee shall lre written on insurance Services Office (150) form CA 00 01 or a subsiicute form providine epuivalent liabilitv coverap-e. I.f nccessarv. the nolicv shall be endorsed to nrovide contractual liabilitv cnverage: and e-shal{-errly-be-ra"ired 40 r eontFeHe . 6Fantee4" ae . a~e~tr~a ee~s-stmte ; etnd 2. Commercial General Liability insurance shall bc N+7itten on Insurance Services Office CISOI occurrence form CG 00 01 or a substitute fonn and shal.l cover orocluets liabilitv. The Citv shall be a nametl as an insured under the Aonlicant's Commcreial General -1 . LiAbilitv insurance oolicv usinR J.SO Aclditional lnsured-State or Politica) $ubdivisions- J . Perniits CG 20 12 or a substitute endorsemcnt nroviclinfz epuivalent coveralze. Coveraoe Ordinance 06- Time-Wamer Fiber rranchise ' Page 12 of 17 Proposed Time-Wamer franchise - C. Driskell ~ shall be written on an oecurrenee basis with limits no less than $1,000,000 Combined Single Limil' per dccurrence and $2,000,000 izeneral aggregate for personal injury, bodily injury and property damage. Covcrage shall inclucle but not be limited to: blanket contractual; product,/completed oncrakions; broad form properly; erplosion, collapse and undergrouncl (XCi); and Employer's L,iability. Any dedtteEbtes-eF-seW-ins e"eduetoble , eteiHeri-shtcFl-be4,k►e-sele-fesp-aftsab4it:y-~Gi-antee-PeeognL-ing-the4eFffl-e€ 'h'e e,-tke-C-~45- Matie o-eendit+ens: -ts , ejanteer-s-e35 insue~~ Eiwtie~F€eFme . 5peeiH"n-Ht@EiO , _ , offieials, -n--~° St c¢ri." irr r6..sr valunteefs, ifi ~ the uf-ane@-eeFcrrct fivac tc sn 6atl com+ari'i a 1 t'ir r_ c.,ti:n ~ge ~r..1,.,1r:c:.. 1 arN.1J seParately-te-e , . epi-r•especFEe-@I~e - limits eftnsiineels-l+eb' ' ' , effieiaig, . , r•s; effieials; et~6yees-er-velNi~Eeefs-shall-be-iii-etEess ef- GFmteG's-in,n,-a,iee ai.n-T;sn''-„Qrc-e+riri-btcte t9 F~. Tl',~ fl~lS6-5hH1l-b9--8nd@FSed=to-"}~fitO tI; Si7$peAde , veided, , lia- Eays'pf16F-tt@(YFl9tiC-e-l}y-e@ i > > The insuranee onlicies are to contain. or be endorsed to-contain. the followine nrovisions for Conunercial General I,.iabilitv insurance: 1. The ffanehiqe Grantee's irisurance coveraize shall be nrimarv insiirince with resaect to ' the Citv as ouClined in the Indemnification section of this Agreement. Anv insurance, self-insurance. or insurance qon) coveraae maintained bv the Citv shall be in excess of the &3nchisee's insurance and shall not contribute with it. 2. The €r-anc-hiseeGrantee's insurance shall be cndorsed to state that coverap-e shall r►ot be cancelled-by-e4her-~aom_ excent after thirtv (30) davs arior written notice has been given to the Citv. Lnsurance is to be nlaced with insurers with a current A.M. $est ratins of not less than A:Vll. Grantee shall Furnish the Citv with orip-inal certificates and a coi)v of any the lmendatorv endorsements, includina the adciitiona) insured endorsement. evidencina the insarance reQUirements of the Grantee -a-eepy-Qf-suohrinSU prior to the acioplion of this Ordinance„ a.,a .el, : ..t..,n :d,..,,,,,: Any failure to comply with the reporting provisions of the polieies required herein shall not affect ' coverage prnvided to the City, its officers, officials, employees or volunteers. Section 38. Bond. Before undertaking any of the work, installation, improvernents, construction, repair, relocation or maintenance authorized by this Franchise, Grantee, or any parties Grantee contracts with to perform labor in thc pcrformance of this franchise, shall, upon the request of the - City, furnish a bond executed by Grantce or Grantee's eontractors and a corporate surety authorized to eperate a surety business in the State of Washington, in such sum as may be set ancl approved by Yhe City, not to exceed twentv- .five thousand dollars, as sufficient to ensitre performance of Grantee's obligations Ordinance 06- Time-Warncr Fibcr Franchise Page 13 of 17 Propased Timc-Warner franchise - C. Driskell under this Franchise. The bond shall be conditioned so that Grantee shall observe all the covenants, terms and canditions and shall faithfully perform all of the oblioaiions of this Franchise, ar►d to repair or replace any defective work or materials cliscovered in the City's road, streets, nr properi`y. Said bond shall reinain in effcct for dhe life of this Franchise. In the event Grantee nroooses to construct a nroiect for which tfie above-meiitioned bond would not ensure oerformance of Grantce's oblisations under this Franchise. the Cit7r is entitled to repuire such lareer hond as mav be anoronriate under lhe circumstanccs. Section 39. Modification. The City and Grantce hcreby reserve the right to alter, amend or mndify the terms and condilions of this Franchise upon written ageement of both parties to such altcration, amendment or madification. Seetion 40. Comoliance With New Reaulations. Crantee shall promatlv comnlv with all lawful Citv orders. resolutions. ordinance and nrovisions of die Citv's code related tn Grantee's oneration of the facilities. nrovided that (a) the same eidier (i) are not inconsistent with this Franchise or (ii) are a lawful eaercise of the Citv's oolice nower. are limited to reasnnablv reeulatine time. alace and manner of Grantee's entrv onto or activitv within Citv's riEhts-of-wav and Cbl Grantee shall not be subiect to anv fees. compensation or other oavments excent those nrovided for uncler this Fratichise. if anv. sublect to Section S. T'he Citv and Grantee each reserve the riaht to reouest that this Franchise be chanLed. amended_ modificd, or arnalificd to conforrn to anv applicnble Federal or State statute or iuclieia) or administmYive decision. State and Narional C'odes. Standards. and Remilations as mav hereafter be enacted. aciooted or promulRated. Further. Crantee reserves the riizht to canYesC anv nrovision of this Franchise under anv annlicable Federal or State siatute or iudicial or adininistraxive decision. State anci Nationa-l Codcs, Standards_ and Reeulations as are in effect unon the effective date ofthis Francliise or as mav hereafter be enacted. adontcd or nromuleated. If the Grantee fails to comolv with its terms and conditions. or if the Grantee f=lils to comQlv with such chanLms. amendments_ rnodifications. and/or amplifieations. this . . Franchise mav be tcrminated at anv time uoon ninetv (90) davs' written notiee lo t#ie Grantee to terminate th.is Fraiichise. . -R„ G:«„ _o e f +he-~--~ ~a elfiis~-Eo ot tO-e , ~ ~t~E~-E►r-~pc~kt~a ' , t4ility saFrr , f , ; ~'tr2Af~HfC~S~ ( 8ftef-L-e > d. if•~ ".-erc~vmitie-ffliFS4e-eEtfit'y !l:•t, :F.. feffiAS „i .,.-l:r;e a->vp-i&`ir~'i2 r__ c..:l,. .e , amendments, i4E►di-AoetiOn~'~--andrtef-f.....~.~ells,;ns . 1`Y'uneh.9.°,-.,.av.., i...uaaa~auia'~,ci ui i - , t,m ~ j` ty (98)-dayS-wf•4tE' _ qti .,1....ea .,ao,. +1,;s A- . lvi5er-whieh-lt2 OT-HElIh*l2 e- . C-hiSe-Qi . . Section 41. Forfeiture and Revocation_ If Grantee willfully violates or fails to comply . with any of the provisions of dhis T'ranchise, or through wilLful or unreasonable ncgligence fails to heed or comply with any notice given Grantee by the City under the provisions of this Franchise, ancl an adeauate onnortunitv to cure the violation nr non-comoliance has beett P-ivcn in writine to Grantee. then Grantee shall, at the election of the City, forfeit all rights conferred hereunder and this Franchise may be revoked or annulled by the City after a hearing held upon reasonable notice to Grantee. The City may elect, in lieu oP the abovc and without any prejudice to any of its other legal righls and remedie,s, to obtain an nrder from the Spokane County Superinr Court compelling Graittec to comply with the provisions of this Franchise and to recover damages and eosts incurred by the City by reason of Grantee's failure to comply. Section 42. Assip-nment. "I"his franchise mav not be assiened or tmnsferred without the ~ written aaoroval of the Citv. exceot that Grantee can assign this Franchise without anaroval of but unon % , natice to the Citv to anv narent. affiliate or subsidiarv of GratitEe or to anv entitv that acUuires all or Ordinance 06- Time-Warncr Fiber Franchise Page 14 of 17 I Proposed 7"ime-Warner franchise - C. Driskell substantiallv all the assets or euuitv of Crantee. bv mereer. sale_ consolidation or otherwise. ~ ~rt'-r~rrs-z i~¢i° a Pi"@YRI - +R-~-F6T , p37,FA,~n 1,.... C 741. f 1~ 'J SB6Hfe-&HY fifl£tg-@ , e-f9r. whf6h ~ATit4eH Etp p FOt+@~ . ease ,-.Ft1,e hm«..f ....r ..~9tgnfR@ F-~t~eP 4 3-p , ' E?RSE ..,1 . ..«:t SE:G ljG6 . Gfentee-slittl-l-previde premp~ wFittefi n@tt2e-fE?-~ ' ~iREfT~ Section 43, tlcceotance. N'ot later than thirty days after passage and publication of this Qrdinancc, the Grantee must accept the Franchise herein by fling with the City Clerk an unconditional vvritten acceptanec thereof. Failure of Grantee to so aecept ihis Franchise within said periocl of time shall . be deemecl a rejection thereof by Grantee, and the rights and privileges herein ganted shall, after the expiration of the thirty days period, absolutely cease, unless the time period is cxtendetl by ordinance duly passed for that purposc. Scction 44. Survival. All of the provisions, eonditions and requirements of Sections: 4, 5, 13, 25, 26, 27, 36 and 48 of this Franchise shall be in addition to any arid all other obligarions and liabilities Grantee may have to the City at common law, by stattiile, by ordinance, or by contract, and shall survive tennination of this Franchise, and any renewals or extensions herEOf. All oF the provisions, conditions, regulations and requirements contained in this Fmnchise shall further be binding upon the heirs, successors, cxecutors, administeators, legal representatives and sssigns of Granl:ee and Citv and all privileges, as well as all obligations and liabilities of Grantec sball i.nure to +tstheir resnectivc heirs, ~ successors and assigns equally as if t}iey were specifically mentioned 's-named-herein. Section 45. Sevcrabilitv. Tf any section, sentencc, clause or phrase of this Ordinance should be held to be i.nvalid or unconstitutional by a eaurt of competent jurisdiction, such invalidity or unconsCitutionality shall not aflect the validity or constitutionality of any other section, sentence; clause or phrase of this Ordinance. In the event Chat any of the provisions of the Franehise are held to Ue invalid by a court of competent jurisdietion, the City reserves the righl to reconsider the grant of the Frinchise and - may amend, repeal, add, replace or modify any other provision of the Franchise, or may terminate the Franchise. Sectinn 46. Renewal. Application for extension or renewal of the terni of this Franehise shall be macie no later than one year before expiration thcren£ In the event the time periocl granted by this FrAnchise erpires without being renewed by the City, the terms and conditions hereof shall continue in effcct until this Franchise is cither renewed or terniinated by the City. Section 47. Notice. A.ny notice or information required or permitted to be given by or fo the pitrties under this Franchise may be sent to the followinb addresses unless othenvise specified, in N«iting: The City: City of Spokane Valley Attn: Ciry Clerk 11707 E. Sprague, Suite 106 ' Spokane Valley, NVA 99206 • Grantee: Time Warner Tclecom of `Vashington UC Attn: V.P. & Deputy Generdl Counsel . 10475 Park Meadows Drive Ordinance 06- Time-Warner Fiber Franchise Page 15 of 17 Yroposed Time-Warner franchise - C. Driskell Littlcton, CO 80124 Phone: (303) 566-1279 ~ Fax: (303) 566-1010 Section 48. Choice of Law. Any litigation between the City and Grantee arising under or regarding th.is Franchise shall occur, i.f in the state cou.rts, in the Spokane County Superior Court, arid if in the federal courts, in the United States 17ish-ict Court for the Eastern District of Washington. Section 49. Non-Waiver. 7 he City shall be vested with the poNver and authority to reasonably regulate the exercise of the privileges permitted by this Franchise in the public interest. Grantee shall not be relieved of its obligations to comply with any of the provisions of this Franchise by reason of any failure of the City tn enforce prompt complianee, nor does the City waive or limit any of its rights under this Franchise by reason of such failure or neglect. Section 50. E.ntire AffeemenC This Franchise constitutes the entire understanding and agrcernent behveen the parties as to the subject matter herein tuid no other agreements or understandings, written or otherwisc, shall be binding upon the parties uFon execution and acceptance hereof. This Franchise shall also supersede and cancel any previous right or claim of Grantee to occupy the County roads as herein dascribed. . Section 51. Efl'ective Taate. This Ordinance shall be in full force and effect five days after publication of the ordinance or a summary thercof occurs in the ofrcial newspaper nf the Ciry of Spokane Valley as provided by law. Sectiun 52. Most Favored N3tion Status. If at anv timc subseauent to the execution nf this 1. Franehisc_ anv other orovicler of telecommunications serviees shall enter into an aQreement with the Citv Qovcrning the use of oublic riohts-of-wav whose material terms and conditions are more favorable to that provider than are the ternls of this Franchise to Grancee. then this FrFUichise shall be modified such that the material terms and conditions as aDnlicable to Grantee. 1re iu-gt a.s favoeable as the material terms and condition of such other aL-recment are to such other telecommunications nrovider. PASSED by the City Council this day ofJune, 2006. - Mayor,l7iana Wilhite . ATTEST: Christine Bainbridge, City Clerk Approved as *to Form: Cary P. Driskell, Deputy City Attorney f - J Ordinance 06- 'I"ime-Warner Fiber Franchise Pase 16 of 17 ProposecE Timc-Warncr Francb isc - C_ Driskcl] O Accepted by'L"ime 1'Varner'I"elecom ofWashingtan LLC, By' Time Warner'T.'elecom Wpldings fnc_, ~ its sple rrtember By: . 7'he Grantee, Time Warner Telecom of Washington LJ-C,, a]Emited liability co€~pany, for itself, and for its successors and assigns, does flccept al1 ofthe terms and COrid'iii0i15 of the fOmgo lStg franch i5e_ IN W=SS WI]EREOk', . has sigii ed this day of _ ,2006. Subscribed and swarn before me this _ day of , 2006_ , I . Notary Public in and for the State of Vk7as1i3ngton, residing in commis5ion expires ~ , - ' ~ . i . - . . ~ . ' Drdinance 06- Time-Warner Fibu k'ranchise - Pagc 17 of 17