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2006, 06-06 Study Session ~ AG Eh'DA CiTY OF SFOkAh`E V ALLEY CITY CO[iNCII, WnRkS1IEET STUDY SESSION 'I'ucsdu}•, Janc f►, 2006 6:00 p.m. CITY I3AI.L CO[INCIL CL1AriBERS 11707 East Sprague Avcauc, Firat Floc►r (Please Taro (1iTAll Elertronfc Qrvices Dnring tbe Meeting) ALSCLISSiON LF.ADER SiTB.TF.CT/AC"ITVTTY GnAL Empluvee• tnlrmluction: 1,es,•ctl Irrlern.v 1'atricc C le•rrtcins rnul F_'rik I.amh - htl C rty Afrornrv .4-lr,fr ('unncltv 1. Nicirgtttt houdelk3 (10 tttinti►es) Ptrc.inct [3uildinu Putchasc h(otion Considcmtican: Pr4eincl Purcliasc (Public Commrat] 2. Aleil KeriettlEiruce Rawls `ewer (ssues L'plate Uiscu."ion,l nforntation (15 minertcs) 1. Ncil KctsicnlGlcnn Milcs Spokanc Rcgiotwl TconsWrtation Disrussiorv7nfiinnation (25 minutes) Council Rcgianal Cancumcncy Study a. Noi) kerSten/Ross Kclly Bigelow Gulch Uiscussionllnfarmation ( I S minutcs) 5. Nell Kersitn (20 minutes) 7'raffic, "I'raffic LighL. Spocd Limits Discuuion/lnformation a_ Nei! kecsten (20 minutes) Broadway Re-Striping DisrussionMfarmatian ;Vci) Kcrstcn (30 minutes) VaIlry, Corridt-ir Discussicnllnformation 8. Cary Ihiskell (IS minutcs) Timc Wsrncr Frartchise Discussinn/lnformasinn 9. Mayor Wilhito Advance Agcnda Additions Discussian/informatinn 10. Injarmation pisly.• Spakanr Counry Memorandurn of UnderTtan(fing. Sewer : fmrruJmcrn! 11. Ma),or Wilhitc Council Check in lliscwsionr'Information 1^. Dave Mercier Gity Mnnager Comments PiscussioaRnformation Natr. l:aless otberwise noted abnve, there will be no public comments at Cauncil Study Sexsinns. IIONCYM, COfiplli IIIIIIjs [YSCR'tf the rigbt to rtqutst informutioo frnm the public ond stsR as approp►ijFtt. NUTICE: lndJrehueU plmuuaa w ape»i tfie morWye wlw roqnbe speoial atiamm ►a ~uartnKxWe phyaioal, heuing, a.1iu rmgrotmmacs, plenc amtazi ~s~ ihe rity t'lnk at ( S(ia) v21- 1000 as sonn aa po-ssihk so ttut mnn@cmentx mey be ertade Stud} Sci:i,;n .4[cnu Iune b, =0)6 F"abt 1 01 I CITY OF SPOKANE VALLEY _ Request for Council Action Meeting Date: June 6, 2006 City Manager Sign-off: Item: Check all that apply: ❑ consent ❑ old business ❑ new business ❑ public hearing ❑ information ❑ admin. report [D pending legislation AGENDA ITEM TITLE: Motion Consideration: Precinct Building Purchase GOVERNING LEGISLATION: N/A PREVIOUS COUNCIL ACTION TAKEN: N/A BACKGROUND: Spokane Valley contract C0420 was approved in July of 2004. That agreement provided an equity credit to the City of Spokane Valley toward the purchase of the Spokane Valley precinct premises. This credit has been drawn down through the City's fifty-six (56%)' occupancy of the building since incorporation. Spokane County has agreed to sell the premises to the City for the original value of $2.4 million less the City's remaining equity credit of $639,090, for a remaining balance of $1,760,910. The City will make an initial down payment of $500,000 and the County will draw down the remaining balance through lease and maintenance charges. ~ The County will continue to provide maintenance through the end of 2006 according to the terms of the current agreement. The City will provide maintenance beginning January, 2007. for which the County will pay its share. ' RECOMMENDED ACTION OR MOTION: Move to approve the "Agreement for Purchase of the Spokane Valley Precinct Building," and authorize the City Manager or designee to • execute said Agreement. . . . BUDGETlFINANCIAL IMPACTS: The City will make an immediate down payment of $500,000. Funding is available in the Civic Facilities Reserve Fund. STAFF CONTACT: Nina Regor, Deputy City Manager; Morgan Koudelka, Administrative Analyst . ATTACHMENTS 1. Spokane Valley Precinct Building and Premises Purchase Agreement 2. PowerPoint Presentation DRAFT AGREEAIENT FOR PURCAASE OF THF SPOKANF VALLEY PRECINCT BU]LDING ' This Agreement is made and entered into by and beriveen the City of Spokanc Valley, a municipal corporation organized and operaring under RCW 35A (hereafter referred to as "City" or "Buyer"), and Spokane County, a political subdivision of the State of Washi.ngton (hereafter referred to as "County" or "Seller"), F►nd jointly referred to hereafter as "Parties." 12EC1TALS: A. Puesuant to the provisions of RCW 36.32.120(6), the Board of County Commissioners has the care of County property and the management of County funds and business; and B. Pursuant Co the provisions of RCti'J 3634.130, the Board of County Commissioncrs of Spokane County may dispose of County property to another governmental agency upon such terms as may be agreed upbn and fnr such consideration as may be deemetl- by the Board of Cntmty Commissioners to be adequate; and C. Prior to the incorporation of the City of Spokane Vallcy in 2003, Spoksine County acquired that parcel of property Iocated at 12710 East Sprague Avenue, Spokane Valley, Washington, 99216, including the structure locatecl on the property (Spokane Valley Precinct), hereafter sometime$ referred to as the. "Premises." After purohase by the County, the building and property were renovated for various purposes includi.ng but not li.mited to, use by the Spqkane County Sheriff. The tot;a1 cost of the purchase and renovation of the property to Spokane County was $2,400,000; and D. Prior to the incorporation of the City, the Parties entered into an agreement whereby the . JCounry and the Spokane County Sheriff would provide police services to the City; and E. Recognizing that the citizens within the newly incorporated limits of the City helped pay for the purchase of the Spokane Valley 13recinct and renovation of the Premises through payment of various - taYes, the County provided the City a credit that could be used to either (1) purchase a portion or all of the . Premises, or (2) pay toward the City's yearly lease amount for usage of 56% of the Premises. The amoune of the credit was calculated by taking the total cost of the Premises ($2,400,000) and dividing it by the population of the unincocporated area of thc Councy prior to incorporation of th'e City in March, 2003 (201,849). ($2,400,000 = 201,849 =$11.8g) The resulting amount of $11.89 represented the unincocporatcd per capita cost of the 1'remises for all residents of the County. This Fgure was then applied to the population of tlle City as of March 31, 2003, the date of incorporation (82,500). (82,500 x $11.89 =$975,A46) $975,046 represents the credit the County recognized for either purchase of all or a portion of the Premises, or to apply toward the City's lease payment for housing the City's police services; and F. The City chose to lease a portioii of the Premises for approximately the first three years, reducing the City's eredit from $975,046 to $639,090 as of June 1, 2006. The Ciry now desires to purchase the Premiscs, and the County now desires to sell the Premises. The remaining $639,090 shall be applied against the purchase pricc of S2,400,000 for the Premises, leaving a balance of $1,760,910 as of June 1, 2006; and G. Upon purchase of the Premises by the City, the County may continue to occupy up to 44% of the Premises for criminal justice-related purposes or purposes not incompatible with criminal justice- related purposes. The use of up tn 44% of d1e Premises by t}le County shall be subject to a separate lease ; agreement bctween the P3rties following the execution of this agreement. Such lease ageement shall ~ Precinct Building Purchase Agreement Pagc 1 nf 5 DRAFT provide that the County shall give the City nntice on or before March IS` of any year to rf:duce its occupaney below 44% or the previous year's occupancy, whichever is less, for the subsequent calendar year's oceupancy. NOW, 'I"HEREFORE, in consideration of the mutual promises set forth hereinafter and as provided for in the recitals above, which are made part of this agreemcnt ancl incorporated herein, the Parties hereby agree as fnllows: 1. 1'CTRPOSE. The purpose of this Agreement is to set forth the Parties' understanding regarding the purchase of the Premises by City from County. '1 he terms nnd conditions under which the County may occupy a portion of the Premises are set fortli in a separate Icase abneement w}iich will be entered into by the Partics following the execution of this puroha.se Ageement. 2. PRENIISGS. The terminology "Premises" shall mean that parcel of prapcrty located at 12710 East Sprague Avenue, Spokane Valley, WA 99216. The legal clescription of the Premises is as follows: Parcel number 45222.0227 Opportunity. The N 428 ft of the W '/x of the W of TR 162 and the N 428 ft of the 1U'/s of the - E'/s of the W%z of SD 'I'R 162 and the W 10 ft of the N 428 R of d1e E%z of the E'/z of the W'/2 of SD . TR 162. 3. P'(TRCFIASE I'RICE. The total purchase price for the Nroperty (the "Purchase Price") is TI'VO 1VIIC,LIpN FOUR H'CJ1V7)REi) THOUSAI~'D t1NI) 00/1001aOLLt1R.S ($2,400,000.00). The Purchase Price shall be payable by Buyer to Seller as follows: . (a) 1'he Parties shall apply $639,090.00 in previously-recognizcd equity to the City towards the sale price. (b) Upon mutual execution of this Agreement, City shall deposit the sum of $500,000.00 in escrow with the TransNation Title Insurance Company ("the 1 itle Company"). 1'his Agreement shall coostitute the parties' joint instructions to the Title Compa,ny concerning the handling of the Deposit. The Deposit will be held in a federally insured depository account, wilh any interest earneci on the Dcposit held in the aecount, The Deposit (including any interest) shall be held, reFunded, applied, and handled as desceibed in this Agreement. • (c) The remaining balance of $1,260,910.00 will be naid pursuant to the terms of a separate lease agreement whereby the County will occupy a portion of the Premises for criminal justice-related purpnses or purposes not incompatible with criminal jusCice-related purposes. The Lease Agreement is intended to retire the remaining balance owed by the City to the County. 4. TITLE RFP012T. This agreement is subject to receipt by the City of an acceptable title report. Prior to closing, City, at City's eYpense, shall obtain the title report and title insurance fnr the Premises. 5. S.1LE OF PROPFRTY 1N "AS-JS" CONDI'1'ION. City acknowledgesthat the sale of the Premises to City is made solely on an "as-is" basis. This provision is conditioned upon the County providing to the City, at least seven busincss days prior to closing, conies of all data compiled by the County conceming the condition of the Property, including, but not limited to, all feasibility and propcrty studies, audits, surveys, and environmental studies. The intent of this provision is to allow the City to Precinct Building Purchase Agreement Page 2 of 5 DRAFT reasonabty determine whether the Premises harbor a condition that would substantia.lly affect the value to the City. If such a condition exists, City shall have the right to terminatc this Agreement prior to closing. 6. CT,.OSIlqG DATE. This transaction will be closed in escrow at the Title Company (whose address is lOS West 3`d Avenue, Spokane, WA 99201) no later than June l, 2006. The closing date may be extended by mutual written agreement of the Parties. 7. DELIVERY QF CT..OSING DnCUMEN'I'S BY COUNTY. On or before the closing datc, Counry shall deposit with the T'itle Company, for delivery at closing to City, the following: (a) a bargain and sale deed sufficient to eonvey title thaC is gQOd and marketable; and (b) if required by State law, any transfer tax or sales tax affidavit or statement of value or other form required to be signed in order tn record the deed; and (c) an executed closing statement prepared by the closing agent. . 8. I)ELiVERY OF CLOSL~i TG DOCIJMENI5 BY CITY. At least one business day before tlie closing date of ]une 1, 2006, or as may be extended by agreement of the Parties, City shall deposit with the Title Company, for delivery at closing to County, the following: (a) a wire transfer of funds in the amount sct forth in Section 3(b); and (b) any adclitional instrument to be signed in order to record the statutory warranty deed; and (c) an executed closing statement prepared by the elosing agent; and (d) an exccuted lease behi,een the City of Spokane Valley and Spokane County as addressed in Recita) "G." 9. COSTS Ok' CLOSliNIIG. City shall bear and pay the following: (a) the cost of recording the statutory warranty deed; and (b) the cost of title insurance on the 1'remises. Any and all other costs of closing shall be divided equally between the County ancl City and paid by them accordingly. . 10. ATT012NjCY FEES. If suit or action is inslituted to interpret or enforce the temis of this . Agreement or to rescind khis Agreement, the prevailing party shall be entitled to recover from the oxher party such sum as the court may adjudge reasonable as attorneys' fees at trial, vn any appeal, anci on any petition for review, in addition to all other sums peovidcd by law. 11. FiJR'T'HER ASSiJRANCES. .Each party will, whenever and as often as it shall be reasonably requested by the other party, execule, acl:nowlectge, and deliver or cause to be eYecuted, acknowledged, and deliverecl such further instruments and documents as may be necessary in order to carry out thc intent and purpose of this Agreement. 12. CHANGES IN W12ITING. This Agreement and any of its terms may be changed, waived, discharged, or term inated only by a mutual wTitten agreement of thc Parties. 13. COiTNTERPARTS.1"his Agreement may be eYecuted simult,aneously or in counterparts, each af which shall be deemed an original, but all of which toSether shall constitute ane and the same Agreement. 14. SEVERAl3.CLITY. The Parties agree that if any parts, terms or provisions of this Agreement are held by the courts to be illegal, the validity of the remaining portions or provisions shall not be affi'ected ~ Precinct Building F'urchase Agreemetit Aage 3 of 5 D12.AFT ancl the rights and obligations nf Che Parties shall not be af~fected in regard to the remainder of the Agreement. If it should appear that any part, term or provision of this Agreement is in conflict with aiiy statutary provision of the State of Washington, then the part, term or provision khereof that may be in conflict shall be decmed inoperative and null and void insofar as it may be in confliet therewith, and this Agreement shall be deemed to modify tn conform to such statutory provision. . IN WITN~'.SS WHEREOF, the PARTIES have eaused this Agreement te be cxecuted on date and year opposite their respective signatures. - DATEll: BOt\.RD OI' COUNrrY COvINIISSIQiNERS OF SPOKANE COUNTY, WASHINGTON • TODD MTrLKE, Chair ATTF,ST: MAR1C RICHARD, Vice-Chair Clerk of the 13oard Daniela Frickson PHILLIP D. HARRIS, Commissiorier llATE:D: CITY OF SPOKANE VALLEY ATTEST: David Mercier, City Manager Christine Baiobridge, City Clerk . A.PF'ROVED AS TO FORNi OI~'LY: Off ce of the City Attorney Precinct Building Purchase Agreement Page 4 of 5 17RAFT STATE OF WASI-HNGT0N ) ss• ~ County of Spokane ) On this day of . 2006, before me, the undersigied, a Aiotary Public in and for the State of Washingten, duly commissioned and sworn, personally appe.ared T017D iV'(LELICE, e1rIA.RK RICHARD, ANll PI-IZI,LIP T7 HA.RRIS, to me known to be the individual(s) that exeeuted the within and foregoing instTUment, and acknowledged the said i.nstrument to be the free and voluntary act and daed of said individual(s), for the uses and purposes therein rimentioned, and on oath statecl that he/she were authorized to execute said instrument, and that the seal a.ffixeci is the seal of said Couney. IN WITNESS VWI,FREOF, I have hereunto set my hand and affixed my seal the day and year fi.rst written above. NOTARX PUBLIC in and for thc State of Washington, residing at Spokane. My commission expires: : i f . ~ Frecinct Building Purchase Ageement Page 5 of 5 ~ Precinct Building Purchase . I Nina Regor, Deputy City Manager, June 6, 2006 Precinct Building History o Acquired by County prior to incorporation of City. o Total cost for purchase and renovation was $2.4 million. ❑ City contracts with County for use of building for law enforcement. ❑ City draws down credit for previous contribution through lease charges. ❑ City pays County for maintenance of premises 1 City Credit for Previous Contributions City of Spokaae Vallcy ConMbutlon to Premisa Parc6asc F.cMey e.mb.u ..e Rao..a.. co.d u.400,000 rnriaca by: U'sloeerponEeA Topdatlen st Tlsc of Pvciwe 201,849 Equsls: Per UaY►arpontM Gpih CM ot RaelLLq 511.89 Multiply by: rey or svok.■o v.uky 2003 r.pul■aoo 92,005 Eauds: City of Spolcane Vdlry Camribution $975.046 , City Lease Costs to Date ❑ City has leased 56% of the Valley Precinct since incorporation at the following rates: --B--- - Spoka_ns Valley Pre cinct uildf-ng Lease_Coats Th rough Ma - y - 2006 - - Year $ per eq. R. SV Square Footaga Annual Cost 2003 (7 moMhs) 9.00 12.197 $ 64.034.25 - - - - 2004 $ 9.00 ' - - - 12,197 $ 109, 773.00 - 2005 S - 9.29 - ----12,197 $ 113,310.13 2006 (5 months) $ -9.61- ---------12,197 $ 48,838.62 335,956.20 2 City Draw-Down of Credit Spokane Valley Gedit a 975,046 Tatal Lease Amourrt Paid by SV to County (335,956) Remaining SV Crodit (Applicable toward Purchase Price) ~ t 639,090 ;Procinct Building Cost jFZemainfng SV Credit T (639,090) - - --Purchase Price of 100%of Valley Precinct $ 1,760,910 Purchase Details ❑ City will make a down payment of $500,000, bringing the outstanding purchase price to $1,260,910. o County will occupy 44% of building (law enforcement, probation, district court). ❑ County will draw down remaining balance of $1,260,910 through lease charges. o County will pay City for share of maintenance costs (City will be responsible for maintenance) beginning in 2007. 3 County Lease Details ❑ County will begin leasing 9,583 sq. ft. (44%) of building at $9.61 / sq. ft. beginning June 1. ❑ Lease Rate will be adjusted annually according to the Consumer Price Index average for the preceding year. ❑ County will use space for services compatible with law enforcement. o County will notify City by March 1 of preceding year of any changes to occupancy level. Closing Costs ~ o Closing Costs - City's share is $1,000. 4 Maintenance Details ❑ Estimated 2006 cost is $60,000. ❑ Majority of maintenance is contractual (utilities, janitorial, inspection, insurance, etc.). ❑ County facilities maintenance spends approximately 120 hours annually on the precinct building. ■ Landscaping ■ Building Repairs ■ Security Systern ■ Sprinkler System ❑ County will continue to provide maintenance through the end of 2006. Next Steps ❑ Council considers authorizing City Manager to approve purchase of Valley Precinct premises. ❑ If Council approves, City Manager signs and sends purchase agreement to BOCC. ❑ Title company processes transfer. ❑ Property added onto City insurance policy. ❑ City makes arrangements to take over maintenance in 2007. 5 CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: 06-06-06 City Manager Sign-off: Item: Check all that apply: ❑ consent ❑ old business ❑ new buslness ❑ public hearing ❑ infoRnation ❑ admin. report ❑ pending legislation AGENDA ITEM TITLE: Sewer Issues Update Spokane County Utilities Director Bruce Rawls will give a presentation on sewer issues, including utility outlook, and options for low income seniors. OPTIONS: RECOIIAMENDED ACTION OR MOTION: BUDGET/FINANCIAL IMPACTS: STAFF CONTACT: CITY OF SPOKANE VALLEY Request for Council Actjon Meeting Dabe: June 6, 2066 City Manager Sign-off: Item: Check all that apply: ❑ consent ❑ old business ❑ new business ❑ public heanng ❑ information ~ admin. report ❑ pending legislation AGENDA ITEM TITLE : SRTC Regional Concurrency Study GOVERNING LEGISLATION: PREVIOUS COUNCIL ACTION TAKEN: BACKGROUND: Glenn Miles of the Spokane Regional Transportation Council will provide and update on their regional concurrency study. Attached is a copy of their May 2006 Technical Memorandum. OPTIONS: RECOMMENDED ACTION OR MOTION: BUDGETIFINANCIAL IMPACTS: STAFF CONTACT: ATTACHMENTS May 2006 Technical Memorandum p~~;e-~nal Transportation Concurrency System in Spokane County A Feasibility Study TECHNICAL MEh10RANDUM Ar Z Literature Survey on Various Concurrency Implementation Strategies Prepared for s~~ _ ~ . r _ % ` •.r4 . Prepared by ~~~~~~D Bl;(=t-iEh, 41'ILLIS & K,1TI iE=F c'ORPORATION ~ r- M. f: I' r I r May 2006 Technical h%unorandum -v 1: Cant'urrencv Litcrature ReYiaiv Spvkane Caunty RegAor+al Tran.sportahan Cvncurrzncy: .4 Feasibility Study Table of Contents I(YTRODUCTION A1VD BACKGROUND ..........................................................................1 PURPOSES OF CONCURRENCIf ....................................................................................1 STATEWIDE APPROACHES TO CONCURRENCY ...........................................................4 APPROACH TO itEGIONAL CONCURRENCY .................................................................7 MONTGOMERY COUNTY, MAR1f1.AND ..........................................................................g ALBUQUERQUE, NE1N MDQCO: THE PLANNED GROWTH STRATEGY ..........................9 EASTSIDE OF THE PUGET SOUND REGION (BELLEViIE, RFDMOND, KZRKLAND, AND ISSAQUAH 11 ORL.ANDO AND ORANGE COUNTY, FLORIDA 13 EVALUATION OF CONCURRENCIf SYSfEMS 16 EVALUATION OF REGIONAL CONCURRENCY SYSTEMS 17 WORKS CITED 21 ADDITIONAL REFERENCES 24 Page i i,~,,.~:.+1!•fe,,i,xa~.tc:,~± x: •;:1~,~:e~~~ h SA: i I.~:-t P. UJ!?Y C~r~_;~r,~,:!c•~ .i5 _74 :~i14 n--V? Technical h9emorarrdum # 2: Conrurrency Literature Review Spokane CoUnty Regiona/ Transportation Concurrency.- A Feasibilrty Study ~ INTRODUCTION AND BACKGROUND Concurrency is a land use planning and implementation tool that is designed to "ensure tfiat necessary public facilities and services to support new development are available and adequate, based on adopted level of service (LOS) standards, at the time the impacts of new development otcur (White and Paster, 2003)." The term "concurrenc.y" comes from an amendment to the Florida Growth Management Act in 1986, whicfi states that "[i]t is tlhe intent of the Legislature tihat public facilities and services needed to support• development shall be available concurrent with the impact of development (Powell, 1993: 292)." The term "concurrency" is often used interchangeably with "adequate public facilities ordinances" (APFOs) (DVRPC, 2002; White and Paster, 2003;), however, others use "concurrency" to refer to the state-mandate requirement of local governments participating in state-wide grovvth management programs and "APFOs" to refer to locally,-adopted ordinances that attempt to manage the timing of new development (Steiner, 2004). Where possible this memorandum will make that disbinction. The purpose of this Tethnical Memorandum is to define the purposes of concurrency and APFOs, identify approaches to-regional concurrency and their characteristics, 0 and identify the strengths and weaknesses -of various regional approaches to concurrency.i Although this review may~indude all forms of public infrastructure and services, it generally focuses on transportation facil~ties. , PURPOSES OF CONCURRENCY White and Paster (2003: 756-57) describe seven major objectives of an APFO or concurrency system: (1) To link the provision of key public facilities and services with the type, amount, location, density, rate and timing of new development. (2) To properly manage new growth and development so that it does not outpace tfie ability of service providers to -accommodate the development at the established LOS standards. ! The initial proposal also induded the types of performance measures used in wncurrency programs in the topics to O be addressed in this menorandum. However, due to the delay in the contract and the objedaves in 7ask 3.33, the performance measures will not be addressad in this Technical Memorandum # 3. Instead they will be induded in the second Technical Memorandum. May 2006 Page 1 O:VUDY1Conarrency12006\05-04-2006 DraR 7echnlcal Memorandum 02-Submltted Oo SRTCI.doc Tecfinical Merrrararrdurrr # 2.• C.bacvrrerrcy Lilerature 12eplew Sppkane County Regiona1 Tiansportidon Coneurrency: A Faas~Grlr'ty Study ~ (3) To coordinate public faciNtY and service caPacitY with the demands created bY new I development. (4) To discourage sprawl and leapfrog development patkerns and to proma#e more infilE development and red6velopment. ' (5) To encourage types of devefopment patterns that use infrastructure mor~ efficiently, such a s New Urbanism or Transit-Oriented Development, (6)' To require that the provision of public facilities and service to new development does ' not cause a reduckion in the [evels of service. provided to the existing residents. (7) 7o pravide an approach for providing necessary_ infrastrucbure for new residents. lhe essence of these objeckives is to provide a link bekween the varivus elements of the . comprehansive plan - capital improvernenis, transpg!tafion and land use - and to have a ' financially feasible plan far implernentatton (DVRPC, 2002; Steiner, 2001), T'te fand use plan shows the location of future growth and_ #fie transporiation pfan specifies the necessary infrastructure tia acfiieve the desired development--pattern. Thus~=the land use, transpor-tation, and capital improvements elements are consistent. with- each='other and the plans shouCd - be f~ 'i . .financially feasible. 7he #iird= element of coricurrency invoEves tirning because concurrency - requ ires th at public faciliti es a re avakiab[e concurrent with the impact of developme nt. The components of the cancurrency system have been characterized in various ways (Seer DVRPC; 20021; Steinerr 2001; White, 1996; 1Nhi4e and Paster,'2003). The approach taken by tl're -Delaware Ifalley Regionak Planning Cornmission htas been adapted fvr this literature review because it uses a braader rarrge of concepts that wilf apply to the diversity of situations discussed Iater in this review.~_, . ~ The tomponenL of a ooncurmncy sys6ern in ihe ather souroes are more deEailed and rnort useEul ko operatlonallze khe concvrrenty slnndards. A5 su[h, they are likely to be af greaker irnportan[e In the later phases of khis projeck. Far exarrsple, 1vhite arkd Pasker (2003) inGude some of the .faflowing aomponents: the LOS standard, the types of devJopmBntlland uses to whECh [on[urrEnry is apptied, tlte rype of developmenk approvals,the timing af oon[urrency dekerminaGon, khe efFects of failing t❑ rneet ~ conctirrerMCYr ancf khe condiGon and rnitigatians attached to approval. Simijarly, Stieiner (2001) pruwldes s1gnFficank detail pn ho+v to arrount far capaoky. , MB~ 2006 PaJe 2 D:~)UOY~[nnn.irrenWU46105-04-2Qd6 OrattTerhniwl Mamorandum #Z-Submft6ed #fl SRTCi.doc - Teahnrcal Memorandum # Z: Concurrency Literature Revrew Spokarre County Regional Transportadon Concurrenry: A Feasibility Study ~ Figure 1. The Components of a Concurrency System Source: Adapted from DVRPC 2002 Concurrency w ' Overall Environment ° Political Commitment Legai and ]udioal Support 1101 Well-Drafbed Ordinance ° - . ° Public Support = o Manages Groivth Appropriate LOS ° Details on Timing of Growth _ Private-Public Cooperation Intergovernmental ° Fle(ibility Coordination ~ - - ° Communication ° Bet►veen neighboring jurisdictions ~ ° Government Aacountability ° Between 5tate and local - ~ goverr►ments - ' ° On reaional {evel ' - Capital Improvements Plan Land and Transportation ~ that speaties finanang of • Element of Comprehensive - Financial ~~frasb-uctur2, with Capital Plan that show location and Consistencv Improvements Program that timing of future grawth, and rnatches resources to a municipaf gaals and vision schedule of infrastrudvre imnrrwPmPnt. J~ May 2006 Page 3 D:N)UDY1ConcurrencA2006~05-04-2006 Draft Technlcal Manorendum #2-Submltted bo SRTCi.d4c Techniral Memorandum 7 2: Conturrency Literature Review Spokane County Regwnal Transportation Concurrency.• A Feasibilrty Study as the flowchart in Figure 1 shows, the success of the concuRency system begins with the capital improvements plan and the comprehensive plan. The capital improvements plan needs to 6e consistent with the comprehensive plan in meeting the goals and visions_of the , community. The goals, objectives, and policies of the plan should be supported by financing of . infrastructure in the Capital Improvements program. Intergovernmental coordination is necessary to ensure that adjacent jurisdictions and state and local govemments and jurisdictions throughout the region have goals, objectives, and policies that are consistent with each other. Public-private cooperation is necessary to ensure that governments provide flexibility in how the concurrency needs are met and ensures that govemments are accountable for providing the infrastructure in a timely manner; and that they communicate with the private sector. Well-drafred ordinances include appropriate LOS standards that are meant to manage, not limit, growth and provide appropriate details on timing of growth. The overall political environment needs to have the support- of the community for the goals of the community, ongoing political commitment of elected officials; and legal and judicial support for concurrency. . STATEWIDE APPROACHES TO CONCURRENCY - ~ To more fully place. these case studies into context it is useful to understand the context of the implementa-tion of concurrency and APFOs in the states in which these regions are lacated. Florida and Washington are_the only two states that incorporate concurrency into their growth. management framework for all counties that participate in statewide growth management programs. Florida 'requires concurrency of all local governments while Washington only requires counties with high populations or high rates of grovth or counties that opt into the growth management program. Once a county opts into growth management in Washington, tfiey are required to follow the state requirements for concurrency. Even though both states require concurrency, the context for implementation differs. Florida's Growth Management has been characterized as being top-down, while Washington's is characterized as being a fusion between state and local governments. The differences between the appraaches taken by these states includes the use of exception areas, the establishment of LOS standards and its measurement, the coordination of concurrency review with environmental review, the ~ May 2006 Page 4 D:UUDYI,ConcurrenM2006\05-04-2006 DraitTechnlcal IAemorandum R2-Submltted to SRTC1.doc Tecfinical Memorandum # 1: Conturrency Literature Review Spokane County Regional Transportab`on Concurrency.• A f,easibility Study ~ LOS standards on State Highways, and the use of urban growth boundaries and interregional cooperafion. The statz of Florida has provided significant guidance to local governments on how to meet the requirements of concurrency. The legislation mandating concurrency was passed in 1985 and began to be implemented in the late 1980s. The transportation concurrency system has evolved from a system that was based almost exclusivety on the use of LOS standards based on a volume to capacity ratio to a multimodal planning sjrstem for communities that choose to have greater flexibility than a capacity-based system :affords. Beginning in 1992, the state incorporated areawide and project specific exceptions into the concurrency framework. Project-specific exceptions include: (1) urban redevelopment projects [FSA 163.3180 (8)] (2) de minimus p'rojects [FSA 163.3180 (6)]; (3) projects that promote public transportation [FSA 163.3180 (5) (b) and 93-5.0057 (7)]; (4) 'part-time projects [FSA 163.3180 (5) (c)]; and (5) projects for which private contributions are made [FSA 163.3180 (11) (c)]. Areawide exceptions include: (1) transportation concurrency exception areas (TCEAs), (2) transportation concurrency management areas (TCMAs), (3) long-term ~ concurrency management. systems (LTCMS),= and (4) . multimodal transportation districts (MMTDs). The purpose_of a TCMA is to "promote infill development or redevelopment witfiin selected portions of urban _ areas in a manner that supports the provision of more efficient mobility alternatives,-incfuding public transit [FAC 9]-5.50055]." The TCMA may be established in "a compact geographic° area with an exisdng network of roads where multiple, viable alternative travel paths or modes are available for common trips [FSA Sec. 163,3180 (7)]." An areawide LOS may be established for facilities with similar functions serving common origins and destinations [FSA Sec. 163.3180 (7)]. LTCMS are established in areas with existing deficiencies. To eliminate the backlog, a comprehensive plan is established that identifies the improvements to be made over a ten-year period or, in exceptional circumstances, over a fifkeen-year period [FAC 9]-5.0055 (4)]. The purpose of a TCEA is to "reduce the adverse impact transportation concurrency may have on urban infill and redevelopment and the achievement of other goals and policies of the state comprehensive plan, such as promoting the development of public transportation [FAC 91-5.0055 (7) and FSA Sec. 163.3160 (S) (b)]." A TCEA can be established to meet one of four purposes: (1) promotion of urban infill ~ development, (2) urban redevelopment, (3) promotion of downtown revitalizaaon, or (4) urban fNay 2006 Page S D:\IUD1f\ConcUrrency\2005105-04-2006 DraR Ted►nlcat Memorandum #2-SubmlGed Oo SRTCI.doc Technrca/ Memorarrdum # Z: Concurrency Literature Revlew Spokane Counly Regional Transportation Concurrency: A Feasibility Study infill and redevelopment. An MMlU must have at least 5,000 in residential papulation, a minimum of population to jobs ratio of 2:1, an appropriate mix of land use (including . residential, educational, recreational, and cultural uses), and an interconnected network of streets designed to encourage walking and bicycling. Furtliermore, it should use traffic calming, appropriate densities and intensities of land uses within walking distance of transit stops, and a pattern of land uses that promotes transit, bicycle and pedestrian travel, including good intennodal connections. In MMTOs, the roadway LOS is relaxed and higher pedestrian, bicycle and transit LOSs are required. In 2005, tfhe state Rassed legislation 1hat requires TCEAs to incorporate tihe characteristics of MMT05 into districts even as local governments are allowed to continue to allow development, even if they are not required to meet established roadway level of service standards. - In sharp contrast to Florida's complex set of transportation concurrency regulations, Washington is seen as providing significant flexibility in how to implement concurrency. The GMA in Washington directs local govemments to establish LOS standards for their transportation systems and use them as a baseline- for determining whether new development can be accommodated. The Act "only requires jurisdictions to-adopt ordinances tlhat establish a concurrency measurement system for transportation. - As a result, the ability of the transportation system -to support new development has become the primary test for whether development and infrastructure are'concurrent' (Hallenbecic, Carlson, and Simmons, 2003: ix; emphasis in original)." Local govemments in the State of Washington have used a variety of approaches to measure concurrency including: (1) travel delay system, (2) average vehicle operating speed, (3) LOS at a screen line rather than intersection or a link LOS, (4) arterials that serve a new development are required to meet certain construction standards, (5) person throughput or person carrying capacity, and (6) certain transportation facilities (streets, intersecctions, or both) that are built out are not included in concurrency calculation (Trohimovich, 2001). A second difference between the two states is that the development review process difFers. Local governments in Washington are required to conduct a review of all development impacts, including the impacts on the transportation system, under the State Environmental Policy Act (SEPA). In Florida local yovemments conduct such comprehensive reviews on a narrower set of projects. Large-scale development projects that are expected to have an impact May 2006 Page 6 D:1lUDY\Concvmencyti2DD6195-04-2005 DraR Technical hSemorandum A 2-Subm9lTed to SRTCI.doc Technical Memorandum # 2: Concurrency Lr'tL~ratut~_- F2evrew Sppkarre Courrty Regiowl Tr'gnsportabbn Carrc1rtency' ,4 Feasr6flrty Sf'1.rdy ~ on more than one county are required Go cornpIete ar-evkew for Developments vf Regional Irnpact. The DRI review process takes place instead, rather tnan; in addition to the concurrency review process (FDOT 1998). • The #fiird area of major difference between the stats is that Florida h as established a ' Sb-ategic IntermodaE system that includes aIk roadways on the Florida Intrastate Fiighway System (FIHS). SRnce the roadways on khe FIFfS are intended for travel between regions in Floridar the FDOT protects the L0S an these roadways. In Wiishington, khe highways af statewide significance are specificafly exempted ftom concurrency.. One other major area of difference is the appraach taken to intergovernmental coordination a nd urban growth bounda(es. AIthough bath states' legislati on i ncludes the use of urban growth baundarEes,'_ FEonda's laws are I ess-strictJy enforced and Florida facks a salid frameworfc fnr intergovernmenkal cooperatian. In contrast Washingtan's laws include Regional Transpc)rtation PIanning Organizations (RTPOs). Maryland has takerr a different approaeK to cOordination -of land use and transpartation ~ that involves the use of priority funding areas {PFAs}. TFie PFAs are eMblished so that the state can only invest maney in 'PFA-t%t are establishied by loral gvvemments to be consistient with athef planning goals.. The state th~n establishes'criteria to designate these fiandipg areas and all state projecFs are reviewed annually ta detp-rmine their consisLency with qualo growth objectives. The advantages of PFA's ate that they are incentive based and they channel state money info:.areas thak are 5uited for grewth. They aimit growth in rvral areas by IimGting staGe investrnent that would spur grawth intv these areas; local gavernments and deve[opers in non- PFA areas pay the co5t of devefopment in these areaEi. The disadvantages of PFAs are that khey target developiment to areas that are already developed, #hey limit assistance ta rural areas, and they do nothing to preserve affordabfe housing outside of PFA areas. APPROACH TO REGZOIVAL CONCURREN-CY ' . In order to understand the regional approaches ta concurrency, it is necessary to understand the broader context in which concurrency is being irnplemented. Concurrency shauld not be the only tool used by iocal grnrernments to impEemerit growth management; it ~ needs to be reinforced by ather policies that together with concurrency supporL the goais and ! Ma}r 2005 Page 7 I D=~]L10YXC4d1RU7e11[yXaU0fi~05-4'F2U0$ tiraFkTechnJml W7em=rwJum *2-SUbmIL#ed bo SRTCi.d4C Technica/ Memorandum # 1: Corcurrenry Lrterature Review Spokane County Regional Transportatron Concurrency.• A Feasibilriy Study vision of the community. In this literature search, the research team was able to identify several regions in diverse locations that are either using or have studied using concurrency or APFOs as a part of a growth management program. The following locations were identified: Albuquerque and Bemalillo County, New Meaico (White and Paster, 2003; City of Albuquerque, 2002a, 2002b); Montgomery and other counties in Maryland (Levinson, 1997; Cohen, 2005; NCSMRE, 2005; NCSMRE, 2006); Boise, Idaho (Freilich, 2003); Dane County (Madison), Wisconsin (Freilich, 2003); Davidson and Concord-Cabarrus County, North Carolina (White and Paster, 2003); Puget Sound Region (PSRC, 2003), fihe Eastside of the Puget Sound Region (Bellewe, Redmond, Kirkland, and Issaquah) (Hallenbetk, Carlson- and Simmons 2003); Clark County, Washington (ECONorthwest 2002); Hillsborough .(Tampa) (White and Paster, 2003), Or9ando and Orange County (Steiner et al., 2000); Palm BQach, Miami-Dade, and Duval (Jacksonville) and other counties in Fiorida. Because of the availability of both secondary and primary sources of information on these identified cases, the following regions will be highlighted in this research: Montgomery County, Maryiand; Albuquerque, NM; Bellevue, Redmond, Kirlcland, and Issaquah, Washingfon; and Orlando and Orange County, Florida. In the evaluation, examples will be cited from counties in Florida. MONTGOMERY COUNTY,* MARYLAND Montgomery County, Maryland has had an-adequate public facilities system since 1974 (Levinson, 1997). The system was established with a requirement that all developrnent propasals pass two tests of transportation facilities adequacy (DVRPC, 2002), The first of these, the Policy Area Transportation Review analyzed the effect. of growth on overall road system of the twenty-two policy areas in the community. If the growth in population or jobs could be accommodated with existing roadway capacity, programmed roadway capacity or programmed bus, rail, or other Forms of mass transportation, tne developrnent could be permitted. The second test is the Local Area Transportation Review, which measures level of service at local intersections, and requires certain standards to be met before development is approved. The standards are lower in areas with better transit service and ensure that nearby intersections will not be overwhelmed. In 2005, the Policy Area Transportatian Review was eliminated from the process. Much of the structure of the Polic.y Area review was retained but the process was simplified (MCDPP, 2005). May 2006 Page 8 D:\IUDY\Concu.rency1,2006105-04-2006 braR Technical Memaarudum #2-Submfttad tn SItM.doc Technical Memorandum # 2: Concurrency Literature Review Spokane Counfy Regrorral Transportatron Concurrency.• A Feasibilify Study ~ The success of the Montgomery County APFO system can be measured by the length of ~ time that it has been in place. The County continually evaluates the implementation of the system but it continues to be _in place. The program is generally seen as not being transferable because it is too complex (DVRPC, 2002). Additionally, concems have been raised about whether more traffic congestion is worse in the county because adjacent counGes have not used such strict growth controls and they have allowed development that uses the roads in Montgomery County (Levinson 1997). _ ALBUQUERQUE, NEW MEXICO: THE PLANNED GROWTH STRATEGY In 2002, the Albuquerque City Council adopted the Planned Growth Strategy (PGS), a comprehensive strategy designed to direct future growdi in the Albuquerque/Bernalillo County Region.3 The PGS was developed through a series of public workshops, cibizens' surveys, and technical studies by consultants to develop goals and polides for regional growth and to test the fiscal impacts of various growtfi stenarios. The PGS was established with seven basic ideas: (1) local government should play__ a proactive role, (2) lfie community, not just O development, matters in new and old areas, (3). the_ existing community - neighborhoods, schools and businesses - come: first in vitality and development, (4) maintain, rehabilitate and improve infrastructure_in existing neighborhoods; (S) develop first where infrastructure exists to grow efficiently, (6) do not just plan - implement, and (7) keep the community involved (City of Albuquerque 2002a). The PGS-is designed to address the linkage betvveen infrastructure and . population and employment growth in the community. The six major guiding principles in the strategy include: 1. The locatlon of population and housing should be phased and timed to achieve community goals. These goals are represented by the Planned Growth Strategy Preferreri Alternative. ' 2. Critical infrastructure capacity (streets, parks, schools, water, sewer, and storm drainage) is available to support urban growth. - 3. The needs of growth, rehabilitation, and correction of existing infrastructUre deficiencies are fully funded. 3 According to White and Paster (2003) Bemalillo County had not adopted the PGS in 2003. A searcfi of thc Bemilillo County website did not contradict this oondusion, however, several sector plans were found on the website May 2006 . Page 9 D:VUDnConcurresrc,A2006\05-04-2flO6 DraR Tec?in3ca1 Memorandum #2•Submitted Oo SRTCl.Qoc Te['Jankal N7amarandurrr ,?2' Conctirren[y Liter,7turi--f7ev~ew Spokarre C'oun ty Regrbrra! Trarrsporta tlon Corrcurren cy: A Feaslbi!!ty Study . 4. Implementation is guided by adapted plans, e.g., corridor plans, sector (neighborhood) ~ pEansr redevelopment plans, and area plans. 5. Charges for infrastructure to support growth reffect the costs af grawth to the com mu n ity. 6. The syskem is ffexible (City of Albuquerque 2002b: 170). The PGS identiFies shork-term (1-10 years) and mediijm-terrt7 (10,25 years) grawth , areas that refleck the communityr's goals for khe locationr density, timing, and sequencing of ~ development. In other words, the fufly served areas may be rnore appmpriate for higher i - _ densfty, but those served areas should also de've[op before ne'w cfevefopment occurs in unserved areas. The PGS includes a"preferred Altemative" thabased upan the avai[abil'rty of infrastrucbure in the comrrtunity. The location-bf infrastructure* is divided into three "tiers:" the iiFully Served Areas," which contain the full rarige of urban infrastructure, #he "Paraally Served Areas,,, which have sorne,. b.ut_ not all, af the._q~~ry fnfrastrucrtiare and 5ervices, and the . ,t llUnserved Areas," which..lack all.or most of #he needed infrastructure and services (Oty of Albuquerque, 2DUb). The_Planned Growth Strategy is to be implemented with a vanety of toofsr includ'rng:__ capital improvernents _ programs, service standards and concurrency or adequate public facilities ordinances, development impack fees, development agreementsr development incentives and inducements, and carnrnunity plans (City of Afbuquerque, 2002b). Several advantages are attributed to #tie PGS. The adeyuate public facilities ordinance ~ is corisidered a comprehensive tool that "could tie together many of the policies scattered among the Caty/Countiy Comprehensive Plarrr the Sector Pians, Area Plans, and infrastrucbure master plans into one set of standards (City of AGbuquerque, 2002a: 172)." Second, the Capikal Improvernents ProgramJAdequate Public Facilities Ordiriance approach is flexible enough to be mandatory or incentive--based or a cornbination of both approaches. A purely incentive- based system would tie the level of service to increases in density or provide other regulatory or fir~ancial incentiveEi. A purely mandatory system would direc~ly tie issuance of development I permits to level of service standards for fnfrastructure. `f'he city appears ta be ijsing a ~ combination af bath incentives and rnahdat~s to implement this plan. Third, even though no May 2006 Page LO p;1]VOnConcurrentyS,ZUDE\65-04-2406 i3rafk Fechnlcal h4emaa-arLdum #2-5utim1ned tn SR f[f.dor TenSnical Memorandum # Z: Conrurrency Ulerature Review Spokane County Regional TraRSporta£lon Concurrency: A Feas/6Ilily Study system can ensure that all costs are fully funded, the variable Capital Improvements Program/APFO increases the likelihood tfiat critical infrastructure will be available to serve urban grotvth. Expansion of infrastructure is tied to level of service standards that make sense for a particular area of the community. In areas where capacity cannot be expanded due to policy or physical constraints, a lower level of senrice can be assigned or the area can be exempted from APFO. This creates incentives for infill development by removing steps in the development review process. A long-range constrained Gapital Improvements._Program assures that the community is alsfl making land available for future development to accommodate the growtfi in populabon and employment (City of Albuquerque, 2002b). Fnally, a varied level of service approach assures that infrastructure charges reflect the true cost to the community because development cannot proceed unless the level of service standards will be met. The cost of providing the cost of service will be identified in the Capital Improvements Plan. A developer can choose to phase their project to match the build out of infrasb'ucture based on the area's level of service or voluntarify advance the facilities with a development agreement (City of Albuquerque, 2002b). - . ~ EASTSIDE OF THE PUGET SOUND REGION (BELLEVUE, REDMOND, KIRKLAN D, AN D ISSAQUAH In 2001, the cities of-BeIlewe, Kirkland, Issaquah and Redmond, Washington began a two-year cooperative study to accompfish the following goals: (1) describe and assess the four cities' existing approach°to transportation concurrency, (2) develop and analyze alternative approacties'that are more multi-modal in nature, (3) evaluate alternative approaches for the four cities in reaching the objectives of the Growth Management Act and the region's Vision 2020 plan, and (5) recommend changes, if necessary, to state and local laws to improve the effectiveness of transportation concurrency (Hallenbeck, Carlson, and Simmons, 2003). These communities worked with an interdisciplinary team from the University of Washington led by Washington State Transportation Center, and including the Evans School of Public Affairs, the School of Urban Design and Planning and the consulting firm of Kittleson and Associates. After completing this study, several conclusions were reached by the research team. Most notably that the four Eastside cities have sufficient flexibility under current law to develop, ~ implement and fund a variety of multi-modal concurrency approaches, both within their own f jurisdictions and among one or more of tfieir neighbors. A regional approach to transportation May 2006 Page 11 D:VUDY~Conaurctky\2006\05-04-2006 thaft Technkal hSemorandum 42-Submltfed to SRTp.doc Tethnical Memorandum # 2: Concurrency Literature Revfew Spflkane County Regronal Transportalion Concurrency: A Feasrbilify Study planning could be coordinated under the eAsting authority of the Puget Sound Regional Council ;----.1 and would not require significant change to state or local concurrency legislation unless the four cities would like to create some form of inetropolitan govemment (Hallenbeck, Evans, and Simmons, 2003). The University of Washington team found that the existing transportation concurrency system is implemented using roadway capacity, or the volume /capacity ratio (v/c) as a metric. However, each city uses a slightly different computation method to calculate the v/c and a different LOS service standard. Bellevue, Redmond, and Kirkland LOS standards vary by geographic location, requiring better LOS in some zones (usually residenbial areas) and permitting more congestion in other areas (generally commercial areas).. Issaquah varies LOS standards by arterial street rather than by zone (Hallenbeck, Evans, and Simmons, 2003). To overcome the constraint of volume to capacity, 'several alternative approaches for concurrency are recommended. Three "a-pproaches include: (1) enhanced volurne/capacity, (2) travel time as a measurement for concurrency, and (3) a regional mode-split concurrency system. The enhanced volume/capadty would allow, jurisdictions to incorporate transit and _ _ other altemaave modes of transportation capadty when setting and implementing the LOS . standard. The measured v/c ratios of cars to_. roadway capacity do not change. Rather, jurisdictions make a policy_ choice to permit a higher v/c ratio and higher levels of congestion where. certain levels of transit service or other transportation choices, such as walking or bicycling e)cist. lhis method can also incorporate a more robust process of developer negotiation in the mitigation process. Travel time can be measured to and from key places in a city or along main corridors. Its advantage over v/c ratio is that it is relatively easily explained and understoad by the general public. The disadvantage of using travel time is that the public will easily understand, and may not accept, an LOS change in travel time for a S-mile trip from 7 to 12 minutes (Hallenbeck, Evans, and Simmons 2003). The four cities could adopt a regional system of concurrency, but dep2nding upon how it is structured it may require a change in state law. A regional mode-split approach replaces a facility performance calculadon with a measure of how well a region (or sub-region) achieves a transportation policy target of reducing vehicle miles traveled (VMT) (Hallenbeck, Evans, and Simmons, 2003). Thus, if the regional LOS target is to increase the share of non-single occupancy vehicle (SOV) trips during the evening peak by 3 percent within five years, and the share of non-SOV trips increase from 8 May 2006 Page 12 D:VUDY\Corvcurrenc+/12fl061,O5A4-2006 DraftTechnlcal Memocarudum }2-Submf:ted to SRTCl.doc Technrcal Memorandum # 1: Concurrency Lirerature Review Spflkane County Regronal TiansportaYon Concurrency: A Feasibilrty Study percent to 11 percent, the region would remain concurrent. After five years, the region would establish another goal. The report compares these three approaches to concurrency and concludes that the approaches score diffierendy on a set of criteria and the analysis can be used for each jurisdiction to tailor its transportation concurrency to the policies it wants fio achieve. Finally, the report makes three groups of suggestions about how to move beyond LOS measures to involve other actions that may make a difference in the medium-term: using fewer roads, funding transit more, and acting inter-jurisdictionally. The communities could use roads less through monetary rewards for residents who reduce SOV u"sage and by introducing variable roadway pricing based on time-of-day congestion. They could fund transit more through developer agreements to fund Transportation Management Assodations and transit service, by concentrating new development in transit friendly nodes and corridors to build ridership for more frequent service and by subsidizing ixansit service with Flexpass and: other tools until important routes reach core status and attain a higher level._of permanence. The four cities are urged to act inter-jurisdictionally by expanding developer agreements to include transportation systems and services across city boundaries, forming a mulfi-dty Transpflrtation Benefit District O that rationalizes varying LOS standards and sets subregional perFormance targets and rewards and by creating a region-wide transportation concurrency authority to establish and manage regional*VMT reductiori and mode-split credits (Hallenbeck, Evans, Simmons, 2003). ORLANDO AND ORANGE COUNTY, FLORIDA Tfie city of Orlando and Orange County have incorporated several principles of New Urbanism into their land development planning. lliis has been accomplished through a mixture of tools that promote New Urbanism in both jurisdictions. The City of Orlando has used the principles of New Urbanism in three diverse setiings: downtown revitalization, redevelopment of Baldwin Park, and the South East Sector Plan. Each of these plans has incorporated a variety of planning tools with the concuRency program that is mandated by the State of Florida. Similarly, Orange County has used principles of New Urbanism in its Horizons West planning effott. In the Downtown area, the City of Orlando has used a series of downtown ~ Redevelopment Plans to gradually redevelop a vibrant downtown. The City and businesses put together a partnership in the early 1990s to incorporate the Central Business District into a May 2006 Page 13 D:UUDI'\Concurrency\2006\05-04-2006 Draft 7edmkal Memorandum S2-Subanttted to SRTCl.doc Technfcal Memorandum # Z: Concurrenty Literature Revrew Spokane Gounty Regfonal Transpartation Concurrency: A Feasibi/ity Study downtown Development of Regional Impact (DRI) and a TCFJa. The last two downtown plans have encouraged multimodal planning through the use of remote parlcing and a free downtown ~.~.J circulator called the Lymmo. They have also encouraged urban design features that hide parking and reduce its impact on pedestrians by gradually improving the pedestrian environment through use of streetscape improvements induding use of brick pavers at many street crossings, planting of street trees along green corridors, and developing a system of bicycle trails throughout the downtown. The DRI has targets for the mode split among downtown employees and downtown transportation improvements are funded through a private-public partnership that indudes tax-increment financing (TIF), and a special assessment on downtown business (Steiner, Wright, and Paul with Kolinski, Perez, and Bojanowski, 2000). Fnally, the Downtown Redevelopment District indudes high-density residential development because the Downtown Redevelopment District.'is.located in the middle of a TCEA, level of service standards only apply to facilities on the Fiorida'Intrastate Highway System. The. Baldwin Park project provides:an example of redeyelopment in the City of Orlando that uses New Urbanist principles. Baldwin Park was the Orlando Naval Training Center until the mid-1990s when it was tumed over to the City of Odando as a part of the Base . Realignment and Closure (BRAC)~ Act. The project includes approximately 1,000 acres that is -r located about 4 miles east of downtown Orlando. The vision for Baldwin Parlc is to create a walkable community that includes two lakes, 200 acres of parks, over 3,000 residential units, an elementary and middle school, a village center, and over a million square feet of office space (Steiner et al. 2000). The decision to build the project, based upon New Urbanist principles, was made after transportation modeling of the project area showed that without significant network connectivity, roads all around the project would fail. When the land was used as a Naval Training Center, it induded only 3 connections into the site; today, tfie neighborhood has over twenty roadways connecting to the site so that traffic can be dispersed. The Southeast Sector Plan involves 19,300 acres of development within a 20 to 30 minute driving distance to Downtown Orlando, and many of the entertainment attractions and . is directty adjacent to the Orlando International Airport. This area is planned for over 13,300 residential units and a population of more than 28,000 residents, 2.1 million square feet of retail space, 3.3 million square feet of office space, 1,950 hotel rooms, 4.7 million square feet of industrial space, and 600,000 square feet of civic/govemmental space within th e next fifteen May 2005 Page 14 D:9UDY`Concurrency12006~05-04-2006 DraitTediMcaf Memorandum #2-Submfited t9 SRTU.doe Techn/c.a/ Memorarrdum ri 2: Concurrency Literature Revrew Spokane County Regianal Transportation Corrcurrency., A Feasibiliry Study years (City of Orlando, 2005). This project is being built as a partriership between the property - owners in the area, the Greater Orlando Aviation Authority, Orlando Utilities Commission, representatives of local, regional, and state agencies affected by or having permitting jurisdiction of aspetts of the project, and representatives of interest groups concerned with building successful communities. The area will be idendfied by ttie pattem of residential neighborhoods that focus on town, village and neighborhood centers, by the design of homes and commercial buildings and by the prowmity to nature. Neighbflrhoods will be developed at a pedestrian scale with schools and parks as a focal point for activ'rty. The Southeast Sector Plan provides a mix of land uses built on a connected grid that supporfis all modes of transportation. Pedestrian travel is supported by the close proximity of services to residences and through designs for pedestrian comfort including a fully coordinated system of pedestrian and bikeways that are linked to commercial areas, transit stops, employment centers, parks, open spaces, schools and other community facilities. Atthough cars will be accommodated, land use patterns, street layouts and densities will make walking, bicyding and-public bransit viable alternatives to the automobile. The Southeast Sector Plan indudes fee waivers and expedited permitting to encourage the development of t'aditional stre2t design (City of Odando, 2005). The Horizons West= plan is located in Sbuthwest Orange County, north of Disney and west of the City of Orlando. This project represents the evolution of rural lands no longer for agricultural use into self-sustaining urban environments that feature mixed-use, pedestrian- oriented communities tfiat provide community school and parks that respect the natural environment. The County has been able to avoid piecemeal growth and suburban sprawl by master planning 38,000 acres tfiat were formerly orange groves. In the 1980s, a series of severe freezes eliminated the citrus groves that had been in the area; the citrus industry moved to warmer climates in South Flo'rida. In 1993, a conceptual master plan was initiated by Horizon West, -Inc., a group of property owners working.with Orange County to find a sustainable long-term solution for the area. Horizon West was designed to provide housing in an area of Orange County that liad historically had five-to-ten-acre rural zoning that forced development into the adjacent counties. The plan will include six or seven mixed-use villages and town centers when it is completed. Villages include two to four neighborhoods oriented around community schools and parks that ~are no more than one half-mile walking distance from the neighborhoods, on between 1,000 • May 2006 Page 15 D:`JUDY\Conoxrency\2006\OS-04-2006 Draft Techniml Memorandum #2-Submitfed to SRTCl.doc leahnical Memorandum # 1: Concurrency Literature Reidew SpokaRe County Regfonal Transporta66on Concurrency: A Feaslbility Study and 3,000 acres surrounded by a greenbelt. In Horizon West's viliages diverse housing types are available or will be buiit, including single-famify homes, townhomes, estates, and apartments. Housing will be priced from the low $100,000s up to $700,000. Horizon West was planned using the Optional Sector Planning process developed by the Florida Department of Community AfFairs as an altemative to Developments of Regional Impact. Each sector plan combines the purposes of the State Growth Management Act, requires public participation throughout the process, emphasizes urban form and the protection of regional resflurces and facilities, and can be applied to areas greater than 5,000 acres (FDCA, 2006). The Horizon West Plan is implemented through the use of transfer of developrnent rights to ensure that the greenbelts are provided and protected and through a requirement that new development contribute to schools, parks, and other public facilities needed to serve the community (Testerman and Torres, 2004). EVALUATION OF CONCURRENCY_SYSTEMS - Before evaluating regional concurrency systems, it is useful to evaluate concurrency and APFO systems in general. Concurrency_system has been the subject of numerous reviews that ' characterize its flaw. A major criticism is that it contributes to sprawl rather than to compact development (Downs 2003; DeGrove 1992; LUTSC 1999). A second major set of issues paracularly in Florida_has been the failure of tfie state to fund the infrastructure backlog (Ben- Zadok and Gale, 2001; Downs, 2003) and the related failure of local governments to develop flnancially feasible plans (Downs, 2003;-TLUSC 1999). In 2005, tihe state of Florida Legislature passed the Growth Management Reform Act (GMRA) to address concems about transportation funding. Under this legislation, local governments will be required to develop proportional fair share methodologies and cost feasible capital improvements plans that are updated on an annual basis. If local governments do not submit their updated capital improvements plans on an annual basis, the state will delay approval of all new development. Some have cnticized local govemments in Florida for taking a one sizes fits all approach (LUTSC 1999) to concurrenc.y, while others suggest that there is significant variability in concurrency practice (Chapin, 2005). This criticism does not apply to local governments in Washington because of the flexibilify that is incorporated into the state implementation. Others suggest concurrency has been unable to balance community and economic development goals May 2006 Page 16 O:UUDY,Concurrencyti20K7614544-2fl05 Orag Technkal Mertrorandlim 92-Submlfted to SRTCi.dac Technical Memorarrdum # Z: Concurrenry Uterature Revrew • Spflkane County Regronal Trans,oortab`on Concurrency: A feasibilily Study with the state's need to facilitate interstate and interregional mobility (TLUSC 1999) and re9ional traffic presents a si9nificant challen9e to citaes' abilitY to manage local transportation . concurrency because a city's efforts to set LOS standards can be offset by traffic that passes through and clogs roadways and intersections in the process (Hallenback, Evans and Simmons 2003). Similarly, concurrency is criticized for the emphasis given to high levels of vehicle mobility because it impedes the attainment of more important goals for community design (TLUSC 1999) and it fails to encourage use of capacity for altemative modes of transportation (Hallenbeck Evans and Simmons, 2003). The exclusive use of roadway-capacity-based LOS standards may not provide the correct signals for local -government decision makers. Current LOS standards may be based more on an expression of people's congestion preference than on coordination of cities' long-term land use-transportation gaals (Hallenbeck, Evans, and Simmons 2003). Most jurisdictions' LOS standards are not designed:_to evolve over time and, therefore, do not reflect changing land-use and transportation values (Hallenbeck, Evans, and Simmons, 2003). Fnally, concurrency and APFOs are criticized for increasing housing costs (Downs 2003; ~ . NCSGRE 2006); these cridcisms are similar to those made of otfier forms of land use controls (Reason Foundabon...) EVALUATION OF REGIONAL CONCURREfVCY SYSTEMS In evaluating concurrency systems, it is important to remember that concurrency is an evolutionary. process that develops over time; most of the regional concuRency efforts have been in place for a relatively short time. Additionally, many of tfie tools for implementing concurrency are relatively new and also evolving wilfi the regional growth management systems. Two of the regions-discussed above - the Eastside Cities of the Puget Sound Region and Albuquerque are early in the implementation process. To evaluate regional concurrency systems, it is useful to reconsider the components of a ' concurrency system as outlined in Figure 1. In the next section, each of the four regions will be evaluated to see how they rate in each of the boxes on that figure. The bottom of the chart identifies the importance of consistency and a financial feasible plan that coordinates the land use plan, transportation plan with the capital improvements plan. May 2006 Page 17 D:\)UDY`ConcurrencA2006\05-04-2005 Draft Techn9ml Memaandum #2-Submirood to SRTCI.doc . i rechrutal M8mo,rndum e 2: Con~cirrerrcy L~tera~~.+r~ Revrew SpDkan e Cowrty Regiona! Trarrsportat~br~ Cor~cc~rreri ~y: Feas~~ll~tyStudy , The consistency requirement considers how the visian of the region is coordinated with the irnplementation steps identified in the Corrrprehensive Plan and the financiat feasibility C-an be ~ determined based upon whether th e plan is s€mply a wiEih 1ist of projects or a sys#ematic plan af how capit,al improvements will be rnade on an angoing basis. N1ontgomery County, Mary4and has had a county-wide growth management system since 1974 and its pEan show cansistency between Iand use, transportation and a financially-feasible capital improvefnents plan. 7 he transportation rapacity is monitored through the Local Area Transportation Review and, up until recently, had afso bE!en monitored #hrough aPolicy Area Transpoitation Review. In evaluatirig concijrrency in h'lontgomery County it is important to recognize that not all countwes in the area use APFOs. Thus, there may be spillover effecks with development that is denied in h'qvntgornery County occurring in neighboring counties. in the Albuquerque region, the implementation of regional canturrency is relatively new. It is sfill ,not cCear whether 6ernalilla County has adopted APFOs, but they have begun to develop seckor p3ans' and liave-develaped a`vision. for critical infrastructure.projects. The coordination between Iand us_e-~-and transparkation investrnents is dear frorn a review of planning dacurnent-Transportation projects of both regianal~ and Cocal significance are identified in khe plan. The Eastsi& cities of the - Puget Saund Ftegion show a variety of local goals with respect to 1and. use and transporkatior. Vtifhile each locaf communfty i is internafly consistent,_ they have-- coriflicting visions of what the regional system should be. While rnany commu-nities i.n_ FEorida are criticized .for the lack ofi a financially feasible p1an, Orlando ancl Orange Coun#y have cEeveloped a_ vition for the cornrnunity khat is supporked by a fin ancia lly fea- sibEe plan for its implementatian. The se[ond component of the concurrency system is wntergovernrnental coordination, which needs to occur between neighboring jurisdictions, between state and iocal gvvernments ~ and on a regional basis.. In both Fforida and Washingtonf ongoing confiicts exist between #heir respective Departrnents o€ Transportation and local govemrni~nis over the management of the ' state highway sysbem. Maryland has reduced these conflicts with their P(iority Funding Areas because the Iocal governments work in coordination wiCh the 5tate to establish areas where the ~I state will support grawkh khrough infrastructure investment. Thusr in Montgomery County,- Maryland, the decisions may not be cavrdinated with the rest of the region, but the dedsians are consistent wi#h those of the state. In Flaridar the City of Orfando ancf Orange Cvunty are nat coardinating their planning efforts with each ather or with adjacent jurisd9ctions. However, r 1 II ~~y 2-006 Page 18 d=VUQ1f\ConburreW2406%bS-04-2006 praft Techoiral Piemou-andum a2-5ce6nbtMJ tD SRTCLdo[ , Technrcal Memorandum # 2: Conrurrenry Literature ReWew Spookane County Regional Transportalron Concurrency: A Feasibility Study ~ these jurisdictions are coordinating with other cities in Orange County and other adjacent ~ counties. The third component of the concurrency system is the private-public cooperation. In Montgomery County, Orange County and the City of Orlando, and Albuquerque, the private sector took a major role in identifying the vision of the region and putting together the implementation plan. - The fourth component of the concurrency systems, well-dratted ordinances, was not evaluated in great detail. Each of these regions are seen as 'managing growth rather than trying to control it. Albuquerque and the Eastside Cities are still eariy in the process of implementing their plans. The use of appropriate LOS standards was raised in the Eastsade Study area of the Puget Sound Region. The Orlando/Orange County plan provides an example of the flexibility that is found in Florida's concurrency system. lliat region has taken advantage of the flexibility available in concurrency exception areas and DRI in Downtown Orlando and the flexibility in Sector Plans. O The final component is the overall political environment: In each of these regions there is evidence of a political commitment including legal and judicial support and public support. All of the planning processes included participation from a broad group of partiapants. One other aspect of political commitment tliat is important is a commitment to impose sanctions for projects that are not consistent with the concurrency requirement, which is a moratorium on growth..11Vith the exception _of_ Montgome'ry County, Maryland, none of these regions has used concurrency long enough to ensure that a sustained political commitment exists for the vision of the regional growtfi plan. In summary, the four regions described here have many of the components outlined by DVRPC as being important in a concurrency system. All of these regions show evidence of consistency between and among the land use plan, the transportadon plan, and the capital improvements plan and they generally have a financially feasible plan. They all show evidence of private-public cooperation that ensures communication of the goals of the plan, flexibility in the means of achieving that vision and accountability for the public role in implementing the plan. These regions have well-drafted ordinances that manage rather than control growth and ~ incorporate the details of timing of growth in the plan. Not all regions sfiow evidence of using • May 2006 Page 19 O:VUDY\Concurrency\2006105-04-2006 DraftTecRnlcel Merrwrandum 42-Submftted to SRTCl.doc Tethnrcal Memorandum # 2: Concurrency Literature RevlPw Spokane County Regiona/ Tiansportation Concurrency: A Feasibi/ity Study appropriate LOS measures.4 The polibcal environment in each of these regions is supportive of ~ the implementation of regional concurrency. Finally, the weakest link in regional concurrency is intergovemmental coordination. In both Washington and Florida, the state and local governments disagree on the management of roadways of the state highway system and coordination on a regional level and between neighboring jurisdictions is not readily apparent. A cautionary note on these results is necessary. The examples provided in this summary are a snapshot of regional concurrency systems and these systems cannot be entirely divorced from regional approaches to planning. Many of the regions that are recognized for their regional governance, (e.g., Minneapolis, Indianapolis, Lexington, and Kentucicy) do not uniformfy apply APFOs as a part of their planning process. Additionally, the question of regionalism is much more complex than afforded by this project (see, for example, Katr, 2000) Ultimately, this raises a related quesstion of how a region is defined and what constitutes a regional approach to concurrency. Ls a region county-wide? Is it tfie same as the Metropolitan Statistical Areas (MSAs) used by the U.S. Census Bureau? Or, is a region simply defined by its communities? As a partof this research, the tiered approach to growth management in Palm Beach County was reviewed. Under this tiered system, the LOS on ~ roadway varies from one tier to=tfie other. While tfiis system provides an interesting approach - to growth managemenf, it is not particularly innovative in its concurrency system. Two other large counties in Florida may eventually provide examples of innovative concurrency management sy5tem. Jacksonville/Duval County is currently incorporating exception areas into its concurrency system and Miami-Dade County has a complex system of concurrency that also uses a tiered approach and exception areas. . The Jacksonville/Duval County exception area is still under review and Miami-Dade County's system is neither well-understood nor well- documented. Technical Memorandum 3 wi11 outline options for measuring level of service and identify their advantages and disadvantages. May 2006 Page ZO D:UUDY1Conarrency\2006\05-04-20O6 DraftTecfirdcal Memorandum #2-Subml~~ted to SRTCI.doc . Technical Memorandum # 1: Concurrency Literature Review Spokane County Regronal Transportatron Corrcurrency: A Feaslbility Study ~ WORKS CITED Albuquerque, City of. (2002a). Planned growth strategy sUmmary presentation. Available at: http://www.cabq.gov/council/pdf/pgspres.pdf Albuquerque, City of. (2002b). Planned growth strategy, section 2: Implementation pp. 168- 202. Available at: http://www.cabq.gov/council/pdf/Part2-5.pdf . . Ben-Zadok, E., and Gale, D. E. (2001). "Innovation and Reform, Intentional Inaction, and Tactical Breakdown: The Implementation Record of the Florida Concurrency Policy," Ur6an Affairs Review36, 6: 836-871. Chapin, T. (2005). A revietN of local government concurrency practices in Florida. Available at: http://www.fsu.edu/Ndurp/publications/workpapers/VilPS_05-OS_Chapin.pdf City of Orlando Planning and Development Bureau. (2005).- Southeast sector plan: Vision statement. Available at: http://www.cityoforfando.net/planning jdeptpage/sesp/sespvisi.htm Cohen, J. (2005). Findings=from case studies of local' adequate public fadlities ordinance implementation°in N.' Central Maryland (October 24). Available at: http://www.smartgrowth. umd:ed u/pdf/NorttiCentralAPFOs. ppt DeGrove, J._M: 1992. Planning and Growth Management in the States. Lincoln Institute of Land Policy: Cambridge, MA:_ Delaware Valley-- Regional Planning Commission (DVRPC). (2002). Managing growth: Infrastructure concurrency implementation barriers and ways to overcome them. Downs, A. 2003. Why Florida's concurrency principles (for controlling new development by regulating road' construction) do not - and cannot - tNOrk efFectively. Transpartabon Quarterly57, 1: 13-18. ECONOrthwest and tlie Trasnspo Group, Henderson, Young & Company, Winterbrook Planning . Services and Parametrix. (2002). Clark County Concurrency Summary. Avail~ble atia~ Florida Administrative Code (FAC) 91-5.50055 Available at: ~ http://www.dca.state.fl.us/fdcp/dcp/publications/stafiutesruleslegis/index.cfim Page 21 D:\IUDY~GoncurnencyV006k05-04-2006 Dcaft Tedttdc.al Memorarvfum #2-Submltted tD SRTCl.doc Technfca/ Memorandum # 2: Concurrency Liferature ReviPw Spookane CoUnty Regronal Transportab"on Concurrency., A Feasibilrty Study Florida Departrnent of Community Affairs (FDCA) Division of Community Planning. (2006). Optional sector plans. Available at: ~---~J http://www.dca.state.fl.us/fdcp/dcp/optionalsectorplans/index.cfm Florida Department of Transportation (FDOT) Systems Planning Office. (1998). Sibe impact handbook. Available at: http://www.dot.state.fl.us/planning/systems/sm/siteimp/sihandbook.htm Florida Statutes Annotated (FSA) Available at: - htqp://www.flsenate.gov/statutes/index. cfm?stafiuteyear=2004&tab=statutes&submenu =1 Freilich, R. H. (2003). Drafting and implementing a smart growtfi plan. Presentation to the . Dane County, Wisconsin. Available at: http://www.daneplan.org/ppt/20030930 freilich:,_presentation.ppt#257;1,Dane County, Wisconsin Drafting And Implementing A Smart Growth Plan Freilich, R. H. (2004). Blueprint for good grov+rtii. Presentation to the Boise City Club November 17, 2004. Available at: http://www.blueprintforgoQdgroKth.com/PDFs/city%20club%20workshop_111704.ppt# 256,1,Boise City Club November 17, 2004-_ Hallenbeck, M. E., Carlson, D:, and Simmons, J. (2003). The possibilities of transportation concurrency:Proposal and evaluaaon of ineasurement altematives. University of . Washington, Seatde. Available at: http://depts.washington.edu/trac/concurrency/report.html Katz, Bruce (ed.). (2000). Reflections on Regionalism. Washington, DC: Brookings Institution Press. Knapp, G., Cohen, and Bento, A. (2003). Adequate public facilities ordinances in Maryland: Prevalence, practice and policy efFects. Available at: http://www.smartgrowth.umd.edu/pdf/APF03Ps.ppt#264,1,ADEQUATE PUBLIC FACILI7Y ORDINANCES IN MARYLAND: Prevalence, Practice, and Policy Effects. Levinson, D. (1997). The limfts to growth management: Development regulation in Montgomery County, Maryland. Environment and Planning B.• Planning and Design 24: 689-707. Page 22 D:IJUDY~Conarrr2ncy\20D6\05-042006 Draft Technlcal Memaandtt,m S2-Submltted Co SRTCl.do[ • Technrcal Memorandum # 1: Concurrency Literature Review Spokane County Regional Transportah"on Concurrency: A Feasibility Study ~ Montgomery County Departrnent of Parks and Planning (MCDPP) (2005). Growtfi policy worksession 3: Approval activity under the new growth policy, devefopment pressure on the agricultural re5erve, and the boundaries of the Governor policy area. Available at: http://%v%vw.mc-mncppc.org/development/agp/2005%ZOpolicyrtem 1_092205_opt.pdf National Center for Smart Growth Research and Education. (2005). Adequate public facilities ordinances in Maryland: An analysis of their implementation and effects on residential development in the Baltimore metropolitan area. A Report for the Home Builders Association of Maryland (]anuary 12). Available at: htkp://www.smartgrowth. u md.edu/resea rch/pdf/Cohen_APFOBaltimore_041906. pdf National Center for Smart Growth Research and Education. (2006). Adequate public facilities in Maryland: Inappropriate use, inconsistent standards, unintended consequences. A report yland and the.Maryland National prepared for the Home Builders Association_of Ma_r Capital Building Industry Association _(April 20). Available at: http://www. smartgrowtfi . umd.edu/research/pdf/NCSG_APFOMa ryland_041906. pdf Powell, D. L. (1993). Managing Florida's growtli: The next generation. florida State University a Law Reutew, 21: 223-339. Puget Sound Regional Council (PSRC). (2003). Implementing 2030 DESTINATION monitoring regional progress: Assessing the effectiveness of concurrency: Fnal Report. Seattle, Washington: Puget Sound Regional Council. Available at: http:%/www.psrc.org/projects/growth/concu r/con currencyfinal. pdf Steiner, R. and Davis, K. (2004). Can cities and counties get along? Lessons from the implementation of transportation concurrency in Florida and Washington State. Presented at the Access to Destinations Conference in Minneapolis, NiN in November 2004. Steiner, R. L. (2001). Florida's transportation concurrency: Are the current tools adequate to meet the needs for coordinated land use and transportation?" University ofFlolYda loumal of Law and Public Policy 12, 2, pp. 269-297. Steiner, R. L., Wright, S. A., Paul, J. B., with assistance from Karen Kolinski, Angie Perez, and Alice N. Bojanowski. (2000). Travel in new urbanist and traditional communities: A case ~ Page 23 0:uUDYlConcurtencA2006W5-04-2006 OraR TecNntcal Memwrandum #2-Submll*.ed to SRTCl.doc! Technical NPemorandum # 2: Concurrency Literatrire Review Spokane County Regional Transportation Concurrency.• A Feasibi/ity Study study of downtown Orlando. Prepared for the Florida Department of Department of Transportation Office of Policy Planning under Contract BC-354-15. ~..~'Testerman, C., and Torres, A.B. (2004). Horizon West, Orange County Rorida. Teriain.org: A .Iournal ofthe Builtand NaturalEnvironment. Issue No. 14 (Winter/Spring). Available at: http://www.terrain.org/unsprawl/14/ Transportation and Land Use Study Committee. (1999). Fnal Report of the TransQortation and Land Use Study Comm'rttee. Trohimovich, T. (2001). Current issues in growth management/land use and transportation: The "new cities" experience. Chapter Three/C. Prepared for 1000 Friends of Washington, Seatlle, WA. http://depts.washi ngton.edu/trac/concurrency/pdf/trohimovich-b. pdf White, M. S. (1996). Adequate public facilities ordinances and transportation Management. Planning Advisory Services Report Number 465. Cliicego, IL: American Planning Association. White, M. S., and Paster, E. L. (2003). Creating effective land use regulations through concurrency. Natu4 ResourcesJouma143, 3: 753-79. ADDITIONAL ftEFERENCES Arline, T: K. (1998). Primer on Florida's growth management system. Paper delivered August 1998 at Smart Growth Conference in Atlanta by Legal Director of 1000 Friends of Florida. Available at: http://www.state.fl.us/fdi/fscc/news/state/9804/fgme.htm Audirac, I., O'Dell, W., and Shermyen, A. (1992). Concurrency management systems in Florida: A catalog and analysis. Monograph 7. Gainesville, FL: Bureau of Economic and Business Research, University of Florida. Boggs, H. G., and Apgar, R. C. (1991). Concurrency and growth management: A lawyer's primer. Joumal oFLand Use and Environmental Law, 7: 1-27. Cervero, R. (2000). Growing smart by linking transportation and urban development. Virginia Environmental LawJoumal, 19: 357-374. , I\ J Page 24 O:VUDY\Corrcurrency\2006tU5-04-2006 DraR Techn(caI hfemarandum #Z-Submitttad Oo SRTC1.doc Technfcal Memorandum # 1: Concurrency Literature Revrew Spokane Counly Regrona/ Transportab'on Concurrency: A Aaasibrlify Study ~ City of Orlando Downtown Strategic Transition Team. (2003). Downtown Orlando: 20-point J strategic implementaaon team. Available at: http://www.cityoforlando.net/planningJTransportation/documents/20_points.pdf . Dawson, M. (1996). The best laid plans: The rise and fall of growth management in Florida. .Iouma/ of Land Use and Enuironmenta/ Law, 11(2). Available at: www.law.fsu.edu/journals/landuse/112.hbnl Downs, A. (2004). Still stuck in traffic: Coping with peak-hour tra ffic congestion. Washington, DC: The Brookings Institute. Durden, B., Layman, D., and Ansbacher, S. (1996). Waiting for the go: Concurrency, takings and property rights act. Nova Law Review, 20(2): 661-682. - Environmental Land Management Study Committee, State of Florida (ELMS). (1992). Building successful communities: Fnal report. Tallahassee, FL State of Florida (December). Eustis, M. (1993). Between Scylla and Charybdis: Growth management act implementation that avoids takings and substantive due process limitations: Puget Sound Law Reurew, ~ 16: 1181-1221. -Ewing, R. (2000). Florida s growth management leaming curve. Virginia Env?ronmental Law Journal, 19: 375-392. Florida Department of_Transportation (FDOT) Systems Planning Office. (1992). 1992 Level of Service Handbook: -Tallahassee: Florida Department of Transportation. Florida Department of Transportation (FDOT) Systems Planning Office. (2002). 2002 Quality/Level of Service Handbook. Available at: hitp://www.dot.state.fl.us/planning/systems/sm/los/pdfs/QLOS2002Novweb.pdf Florida Department of Transportation (FDOT) Systems Planning Office. (2003). Multimodal Transportation Districts and Areawide Level of Service Handbook. Available at: http: //t%rww. dot.state.fl . us/planni ng/systems/sm/los/pdfs/M MAreawideQ051211.pdf Florida Departrnent of Transportabion (FDOT). Systems Planning Oifice. (1998). 1998 Level of Service Handbook. Available at: http://www.dot.state.fl.us/Planning/Systems/sm/los/981os.pdf J Page 25 0:%]UDY\ConcurrenK,W006W5-04-2006 DraR Techntcal Me[swrandum #2-Submitied to SR'PCl.doc Tecfinical Memorandum -,f 2: Concurrency Literature Review Spokane County Reglona/ Transportation Concurrency: A Feasibility Study . Florida's Growth Management Study Commission (FGMSC). (2001). A livable Florida for today and tomorrow. Available at: http://www.dca.state.fl.us/growth/pdf/gmsc.pdf Freilich, R. H. (1993). Economic development and public transit: Making the most of the Washington growth management act. Puget Sound Law Review, 16: 949-973. Freilich, R. H., and White, S. M. (1991). Trarrsportation congestion and growth management: Comprehensive approaches to resolving America's major quality of life crisis. Loyola Law Review, 24: 91570. Gale, D: (1992). Eight state-sponsored growth management programs: A comparative analysis. Journal ofthe American Planning Associatr'on, 58(5). ' Guttenplan, M., Davis, B., Steiner, R. L., and Miller, D.- (2003). Planning level areawide multi- modal level of service (LOS) analysis: Performance measures for congestion management. Transportation Research Record'1858.'-61-68. Guttenplan, M., Landis, B. W., Grider, L., and _McLead, D. S. (2001). Multimodal level of service (LOS) analysis at a planning level. Florida:departrnent of transpartation (FDOI0, TRB Paper No. 01-3084. Hall, R. (1990). Everythi.ng you wanted to know about transportation level of service. Proceedings of The Florida Bar Continuing Education Committee, the Environmental and Land Use and Local Government Law Section, Course No. 6846. Land Use Contlicts: Remedies and Enforcement.• 7-1- 7.12. Hialeah; City -of. (2004). Concurrency management system. Report prepared by Tiie Corradino Group. Jacicsonville, City of. (1998). Development agreement between the City of Jacksonville and Arthur Chester Skinner,. III, eta/. (September 2). Kelly, E. D. (1993). Managing community growth: Policies, techniques, and impacts. Westport, CT: Praeger. Layman, D. M. (1997). Environmental and land use law: Concurrency and moratoria. The F/orida BarJoumal, 71: 49-53. Lincks, T. F. (1990). Transportation considerations. Proceedings of Florida bar environmental and land use la+nr section. Mechanics ofZoning and Land Use LarY 1.1- 1.20. ~ Page 26 b:1JUD1'1Concurrencyti2005ti,05-04-2006 DrdR Tedinlcal Memocandum #2-Submi:ted to SRTCl.doc Technrca/ Memorandum # 2: Concurrency Literature Review Spokane County Regfonal Transportation Corrcurrenry: A Feasibility Study ~ Marshall, J. T. (2002). Special series: New urbanism and smart growth: Florida's downtowns: `-J The key to smart growtfi, urban revitalization, and green space preservation. Fordham University Scfiool of La w, 29: 1509-1527. McKay, P. S. (1989). Capital improvements planning in Fiorida. Chapter III in Barbara Brumback and M.J. Marvin (eds). Imp/ementadon of ffie 1985 Growth ManagementAct: From Planning to Land Dreve%pment Regulations Fort Lauderdale, FL: Florida Atlantic University/Florida International University Joint Center for Environmental and Urban Problems, Monograph #89-1, pp. 39-53. Merrill, W., III. (1990). Implementing comprehensive plans through local land development regulations. Proceedings of the Florida Bar Continuing Legal Education Committee and the Environmental and Land Use Law Section, the Local Government Law Section Course No. 7013 R Loca/ Land Qeve%pment Regulabons: Issues and Ideas 3.1. - 3.19. Metr, S. W. (1991). An overview of growth management: Where we are/where we have been. Proceeding of the Conference on Growth Managemenf for bhe 19105: Leyal Problems and Practica/ Solutions: 1.1 - 1.32. O Miami Beach, Gity of. (2000).. Transportation concurrency management areas. Report prepared by the Corradino Group. Murphy, M. (1996). Property rights and growth management in Florida: Balancing opportunity and responsibility in a changing political climate. Pace Envrronmenta/LawReview, 14: 269-321. - . Nicholas, C. and Steiner, R. L. (2000). Smart growth and sustainable development in Florida. Wake Fiorest Law Repiew, 35(3): 645-670. Pelham, T. 1992. Adequate public facilities requirements: Reflections on Florida's concurrency system for managing growth. Florida State Unrversity Law Reuiew, 19: 974-1053. Pelham, T. 2001. Restructuring Florida's growth management system: Atternative approaches to plan implementation and concurrency. University of Florida Joumal of Law and Public Policy, 12(2): 299-310. Porter, D. R. (1993). State growth management: The intergovernmental eacperiment. Pace Law Review, 13: 481-503. , J Page 27 D:UUpYlConcu:rency12006105-04-2006 DraftTedtinical Memorandum #2•SuGerdtted iu SRTCl.doc Technical 149emorandum # 2: Concurrency Uteratzire Revrew Spokane County Reglona/ Transportatron Concurrency: A Feasibilily Study Powell, D. L. (1994). Recent changes in concurrency. The Florida State BarJoumal, 68: 671 Powell, D. L. (2001). Growth management: Florida's past as prologue for the future. Florida State University Law Review, 28: 519-542. Rhodes, R. M. (1991). Concurrency: Problems, practicalities, and prospeds. JoumalofLand Use and Environmental Law, 6: 241-254. Rhodes, R. M. (1991). Concurrency - A practical perspective. Proceeding of the Conference by the Florida Bar Environmental and Land Use Law Section on Growth Management for fhe 19905: Legal Prob/ems and Practica/ So/ub`ons. Roberts, T. N. (1986). Capital improvements programming sfter the growtti managernent act: A planner's perspettive. Chapter IX in Jofin-M.- DeGrove and Julian Conrad Juergensmeyer (eds.), Perspectives on Florrda's' Growth NlanagementAct of 1985 Lincoln Institute of Land Policy Monograph #89-5. Cambridge, MA: Lincoln Institute, pP. , 1-7 - Robertson, C. A. (1996). Concurrency and its=relation to:gr.owtli'management. Nova Law . Reuiew, 20(2): 891=917. 2-== Sakowi¢, J. C. (2004). Urban sprawl: Florida's and Maryland's approaches. JoumalofLand Use and Environmenta/ Law, 19: 337-424. Siemon, C. L-:~ (1986). 1Miat goes around, comes around. Cliapter IX in John M. DeGrove and ]uliarr Conrad Juergensmeyer (eds.), Perspectives on Flolida's Growth ManagementAct of1985. _ Lincoln Institute of Land Policy Monograph #89-5. Gambridge, MA: Lincoln Institute, pp: Steiner, R. (1999). Concurrency management: Florida's example. Transportation Research • Record: Journal of the Transportation Research Board 1685: 181-86. Steiner, R. (forthcoming). Transportation concurrency: An idea before its time? Chapter 7 in C. Conneriy, T. Chapin, and H. Higgins (eds.), Regulalrng Development in the Sunshine State: EvaluaGng Florrda's Growth ManagementApproach. Ashgate Publishing. Steiner, R. L., Bond, A., Miller, D., and Shad, P. (2004). Future directions for multimodal areawide level of service handbook Research and Development. Prepared for tlie Page 28 O:VUDY\Coamurrcrvc,A2006\05-Q4-2005 DraR 7ecfin6nl Memoranttum #2-Submltted to SRTCl.doc Tethnrcal Memorandum # Z: Concurrenry Literature Revlew S,aokane County Regiona/ Transportadan Concurr2ncy: A Feasibility Study ~ . Florida Department of Transportafion Office of Systems Planning under contract # BC- ~ 35478. Steiner, R. L., and Miller, D., writh assistance from Karen Kolinski. (2002). Muftimodal quality of - service, part II: Areawide level of service (induding the Gainesville case study). Prepared for the Florida Department of Transportation Office of Systems Planning under Contract No. BC-354, RPW028, July 2002. Incorporated into Appendix of "Multimodal Transportation Districts and Areawide Quality of Service Handbook" available at: http://www.dot.state.fl. us/planning/systems/sm/los/pdfs/MMTDQOS.pdf Steiner, R. L., and Waterman, J. ~ al, (1999). The impact of concurrency management and the Florida growth management act on transportation investments. P~epared for the Florida Department of Transportation Department of Policy Planning under Contract No. 6B- 866. Steiner, R. L., Li, I., Shad, P., and Brown, M. B. (2003). Muftimodal trade-off analysis in traffic impact studies. Prepared for the Florida Departrnent oUTransportation Ot~ice of Systems Pfanning (May). Available at: ~ http://www.dot.state.fl.us/planning/systemsJsm/los/pdfs/mmtradeoff.pdf U. S. Departrnent of TransQortation Federal Highway Administration. (2005). Transportation , Sfllutions Conference_Proceedings. Walsh, Thomas M. 1993. The concurren'cy requirement of the Washington State growth management act. PugetSound LavrReview, 16: 1025-1057. Weaver, R. L.'(2000). Environmental and land use law: A vision of the future of Florida land use law. The F/orida BarJoumal, 74: 91-95. Weaver, R. L. (2001). Concurrency, concurrency alternatives, infrastructure, planning and regional solution issues. Joumal ofLaw and Public Poli% 12: 172~~ G~7. Weaver, R. L., Hanna, J. E., Carraway, C. B., Craine, 6., and Smith, D. M. (1990). Everything you wanted to know about transportation level of service, proceedings of the Florida bar continuing education committee, the environmental and land use and local government law secction. Land Use Contlicts: Remedies and Enforcement, 7-1- 7.12. Weaver, R., Hanna, J., Smolker, D., Carraway, C., and Craine, B. (1989). It's a mad, mad, mad, mad, mad, world. Proceedings of The Florida Bar Continuing Education Committee Page 29 D:1lUDY~Concurrenc,A2406\05-04-2UU6 Draft Tethnlcal Memorandum #2-Submitted to SRYU.doc Tcachnlca/ Memorandum # Z: Concurrenry Literature Review Spokane Gounty Regional Transportation Concurrency: A Feasibility Study and the Environmental and Land Use and LQCaI Govemment Law Section of Every Which ---,1 Way But Loose: Concurrency Revrsited. Course No. 6639. Ziegler, E. H. (2003). Urban sprawl, growth management and sustainable development in the United States: Thoughts on the sentimental quest for a new middle landscape. ~irginia Joumal of Social Policy and the La w, 11: 26-65 . ; Page 30 D:UUDYtiConairrerucy\2006\05-04-2005 D2ft Tedsnlcal Memrandum `2-Subcsidttad to SRTCl.doc CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: June 6, 2006 City Manager Sign-off: Item: Check all that apply: ❑ consent ❑ old business ❑ new business ❑ public hearing N information ❑ admin. report ❑ pending IegislaCion AGENDA ITEM TITLE: Biglow Gulch GOVERNING LEGISLATION: PREVIOUS COUNCIL ACTION TAKEN: BACKGROUND: Ross Kelley, Spokane County Engineer, will give a presentation of the County's Biglow Gulch road project. OPTIONS: RECOMMENDED ACTION OR MOTION: BUDGET/FINANCIAL IMPACTS: STAFF CONTACT: Neil Kersten ATTACHMENTS CI1`Y OF SPOKANE VALLEY Request for Council Action Meeting Date: June 6, 2006 . City Manager Sign-off: Item: Check all that apply: ❑ consent ❑ old business ❑ new business ❑ public hearing ❑ information [9 admin. report ❑ pending legislation AGENDA ITEM TITLE: Traffic, Traffic Lights and Speed Limit Discussion GOVERNING LEGISLATION: N/A PREVIOUS COUNCIL ACTION TAKEN: Presentation/Discussion at Council's June 6, 2006 meeting ' BACKGROUND: Council has requested an overview of several traffic issues. The following information will be presented: 1) Elements of the model traffic ordinance and standard manuals for traffic engineering. . 2) The process for establishing speed limits, and current efforts to update the speed limits in the County Code as adopted by the City. 3) Explanation of traffic signal warrants. 4) The process used to coordinate traffic signals and current efforts to improve coordination within the City. 5) Options for school speed zoning and Central Valley's request to switch from "when children are present" to a time-of-day sign. OPTIONS: None. . RECOMMENDED ACTION OR MOTION: Council direction on scope or changes of any traffic . related issues. BUDGET/FINANCIAL IMPACTS: None. STAFF CONTACT: Neil Kersten, Public Worlcs Director; John Hohman, Senior Engineer; Inga Note, Senior Traffic Engineer ATTACHMENTS: CITY OF SPOKANE 11ALLEY Request for Council Action . Meeting Date: June S. 2006 Ctty Manager Sign-off- Item: Check a Ir that a pply- ❑ con sent old business [I new business public hearing ❑ information ~ acimtn, repor# 0 pending legislation AGENDA [TEM TITLE: 'Brnadway Re-s#riping Update GOVEFtNI[VG LEGlSLATION: NJA . PRE1fIOUS COllNCIL ACTEOhf TAFCEN: PresentationJDiscussion at CounciPs May 'iG, 20136 meeting BACICGRDUND: Council has fequested additional Enformatian on the po#ent€a1 re-strkping of Broadway. 7he following information will be presented- . - 'l) Impact to LOS and concurrency by changing signal phasing. 2) Impact on Sprague-Appleway s#udp if Broadway is changed. 3) Hfstoric traffic caunts on iViissiorr and other arkerials, 4) Cost to madify signals to spfit phasing if left as 4-lane_ 5} InstallatEOn of signal at BroadwaylPragress. OPTIONS: None_ ftECOMMENDED ACTION OR MO1"JON: Nane. BUDGETlFINANC«#L fMPACT& None. STAFF CONTACT: Neij Kersten, Public 1Norks Director; Steve Worley, Senior Engineer; fnga N o#e, senior Traffic Engineer ATTACHhflEhlFS- . i ' CITY OF SPOKANE VALLEY Q Request for Council Ac#ion M ee#ing Date: June fi, 2006 City Manager Sign-off, Item: Check all that apply: ED cansent ❑olcf business ❑ new business El public hearing M information ❑ admin. report ❑ pencfing legislation AGENDA ITEM TITLE: 1lalley Corridor Discussion - GOVERhfING LEGISLATION: PREVIOUS COUNCIL ACT[ON 7A1{EN: BACKGROUfVD: Staf# will facilitate a general discussion af issues regarding Spokane County's ~ railroad right-of-way from Universaty Road to the east boundary of the City. OP71ONS: RECON1MENDED ACTION OR MOTEON: . 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WA. 99: UG STE£N IiO.AD Tt7 5UL11vA14 KilAD MOftIZONTAI.: nt : ~r-rTJrai - r C I'Z`Y OF SPOK.ANE VA.LL:EY Request for Council Action Necting Date: June 6, 2006 City Mstnager Sign-off: .T.tern: Cheek aIl that apply: ❑ consent ❑ old business new business ❑ public hearin-, information X admin. report ❑ pending legislation AGFNDA ITEM T11LE: Time-Warner fiber nptic franchise GOVE•Ri~TNG LEGISL,ATION: RCW 35A.47.040 PREVIOUS COUNCTL ACTION TAEEN: Presented to the Cotuicil as au information only item on May 23, 2006. BACKGROUND: StaFF was contacted in 2005 by Time-`Varner Telecom of Washington (Time- Warner) about uegotiating a franchise ap-eement whereby Tune-Warner could place fiber optic cable in the City right-of-way (ROW). . In the course vf the negotiations, I had numerous ciiscussions 'with the staff attorney about ciifferent provisions in the proposed fi-anchise agreement I sent them. Thc draft I sent was, in essencc, a copy of what had been adopted for OneEighty, Columbia and EMA►1 Networks. 13ased on oiir discussions, I took a very close look at the language. Baseci on somc conunents by Time-`Varner's attorney, and based in part on my awn analysis, there are some proposed changes to what staff has previously presented to yoti as the forni fiber franchise agreemenl. To avoid confusion, I will identify each subseantive ehangc aud explain in summary fasluon why staff is suggestin; a change is warranted. Section 4- Subsection 1- The primary change would be a recluction in reserved capacily from four dark strands (two pair) to two strands for use by ttie City wherever ncEded for use by the City where it passcs a City facility far public purposes. The reason for the re,duction is that two strands wrould provide a cremendous aniount of bandwidth for the City, inost likely mere than it would need within the life of the franchise. FLu-thermore, having the reserved bandwidth committed to the City means that a fiber company wrould not be able to use it for fnancial purposes. , Section 4- Subsection 3- Fecleral law prohibits munieipalities from requiring franchising businesses to pro,%ide things lo the municipality that are unrelated to the manageinent of the ROW. The other attorney originally objected to the requirement of fnur fbers at a rate substantially below their market rate. Based on some mutual considerations, such as the reduction in the uumber of fibers, and a tcntative Rgreeinent that at such time as Time-Warner eYhausts all olher capacity Nvithui the fiber buncile that the City may be accessing that the City will increase its payment rale to the market rate, we were able to tentativcly resolve the issue. If _ implemented, this would represent a unique term for Tune-~,TJarner in all of the franchiscs it has across the country. Part of the reason they were willing to look at doing this is the potential impact through use on their system. It -vvas important for them that the City does not have any utilities such as water or sewer, does not havE its own fire department, does not have schools, and does not have its oNvn police. Based on these factors, 'l"ime-Warner detcrmined that any system they construct in Spokane Valley woulci not be heavily iuipacted by our use. Another critical factor was that the City not use the fibcrs, or allow anyone else to use the fibers granted to the City, for any scrvice that would compete with Tune-Warner. Section 7- RCVJ 35.99 providcs some iules for what cities can and eannot requirc frdm fralichisees. This refcrence occurs several more times, and the explanation will not be repeated. Section 11, second paragraph - When Time-Wanier requested this, I could not come up . with a compelling reason agauist the change. Sectioii 13 - The City changed somc of its regulations regarding use of the ROW suace the first fiber franchises were adopted, and this language most accuratcly reElects what the City . wants to see happen, ,vhich is that the franchisee follow our cunently adApted codes to f x any problem. Section 26 - There are scveral changcs in lhis section. Mast represent some attempt at clarifying the rights and responsibilities of the parties. The last sentence includcs a statement lhat franchisee vvill indemnify the City for any pollution damage resulting from hazardous substances, but ouly as long as any appl.icable statute of limitations. I think that is reasonable, sincc the City vvould not face any liability after the expiration of any statute of limitations anyway. Section 30 - It seemEd reasonablE to stril:e this provision since we are generally only concerned with existing structures. Further down Section 30, we retain the right tn request "potential improvement plans" if we think we will actually need thcm. . Section 31 - This change makes the franchise language consistent with olu currently - adopted provisions regarding cxcavation, anci will be flexible for future changes in those regulations. Section 35 - This changc reflects a rccognition ttiat it may take a franchisee some time to plan for, and eYCCUIe, a change in lncation 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 right, which would include a franchise. Section 36 - This change represents the more common view of how potential liability may be apportioned as betNveen two similarly-situated parties. Secrion 37 - The revised language for insurance liability reflects updated languagc that . Washington Cities Insurance Authority (WCIA), thc City's iusurer, recently requested go into . contracts entcred into by tFic City. , Section 3$ - Tlus language rEflects a recognition that it gets expensive #or an entity to continually obtain bonds to work in thc ROW each time it -vvants to do a project. This would ' ensure that an appropriate bond is available for the life of the- franchise 'to cover any non- performance by the f.ranchisce. Il providcs a higlier Icvel of ulsurance for thc City, and is less expensive for the fi•anchisee. The City will also have the opti4n to require a larger bond in the unlikely event of a project that could have a repair requirement higher than $25,000. Section 40 - This reprESents a desire by Tune-Warner that the existing provisions apply to botli pazties equally. In its most basic form, this section states that each party vvill comPly vvith all apPlicable local, state and federal laws that may apply to the franchise, and that the franchise can con:fonn to changes in those laNvs. This reflects a requirement in federal law on telecommunications franchising. Section 42 - This change could be argucd as being more reasonable froui the standpoint of commercial reality. It also reflects language that provides adequate protection for the City. Section 52 - Tliis reflects a requirement exiscing in federal telecommunications law that a municipality not agree to tenns with one franchisec that are materially difierent thaii those agreed to with another &anchisee. Tune-Warner refers to this as a"most favored nation" clause, as did the City at various timcs tluee years ago in contract discussions. Again, this is a restatement of a Federal rEquirement and appears reasonable. There werc otlier requested chaiiges that attorneys for the parties discussed, and ultimately rejected for various reasons. I woulri like to comment that the attorney for Time-Warner was reasonable, patient and pleasant to work with throughout this process. As the City Council understands froui these suggcsted changes, this will have spill-over effeet in that the other lhree fiber franehises will need to bc amended to confonn to these changes if•' the Council approves the Time-Wamer Franchise. IOlink this can be accomplished by submittuig an addendum to the Council for consideration ancl approval to Columbia, OneEighty and EMAN providing all of these cbanges. T would notify each of the thrce ahead of timc of the potential. changes. If these changes are approved by the Council, each of those three would be brought forward separately, but likely at the same ineeting. Each franchisee would then need to agree in writing to the changed conditions. ()P"l IONS: RecommEnd changes to thc proposecl draft T'ime-Warner francfuse. RECOIVLMFNDED ACTION OFt iVIO'1'I0N: Consensus to place the proposed ordinancc granting fime-Warner fiber franchise on a regular agenda for first reading. BUDGE'1lFINANCIAL IMFACTS: None STAFF COIVTAC 1: Cary P. Driskell,l7eputy City Attoniey ATTACIIlVILNTS: Proposed redline version of'1`ime-Warner franchise. Draft CTTY OF SPOKA~~T VALLEY ~ SPOKA►\'E COITNTY, WASHIINGTON ORD.IiNANCE Nn. 06- A1V ORDINt1s\CE OF THE CTTY OF SPQKANE VALLEY, SPOKAN'E COTTiNTY, WAS`GTON, GRAN'I'ING A nTQN-EXCLUSIVE FRAI\tCHISE TO TCME WARNER TE.LECOM OF WASAINGTOIV LLC, TO CONSTRUCT, J1N'[Ani iTA.IN AMD OPERATE CERTAIN FACILI"fIES Wl'THIN THE PUBLIC RIGHTS-OF-V4'AY AND PUBLIC 1'ROPE1tTIES OF '1 HE CITY OF SFUKANE VALT..EY. WI-iEREAS, RCW 35A.47.440 autfiorizes the Ciiy to grimk, permit, arid regulate non-exclusive franchises for the use of public streets, bridges or othGr public ways, structures or places above or below the surface of the ground for railroads and othcr routes and facilit_ies for public conveyances, for poles, conduits, tunnels, towers and structures, pipes and wires and appurtenances thereof for transmission and distribution of elactrical energy, signals and otlier methocls of communication, for gas, steam and liquid fuels, for water, sewer and other private and publicly owmed and operated facilities for public service; and WHEREAS, the grant of such non-erclusive franchises requires the approving vote of at least a majority oF the entire City Cnuncil and publication at least once in a newspaper of general circulation in the City; and WMEREAS, the Council fmds that the grmit of the franchise contained in this Ordinance, subject to its terms and conclitions; is in the best interests nf the public. ~ NOM, 7°HERT'FORE, the City Council of the City of Spokane Valley, Spokane County, Washington, does ordain as follows: • SecYion 1. Definitions. For die purpose of this Ordinance, the fallo-wing words and terms shall have the meaning set forth belnw: 1. "Cify Manager" means the City Manager or desijnee. - 2. "construction" or "construcY" shall mean consiructing, dig,ging, excavating, la}'i.ng, testinL, operating, extending, upgrading, renewing, removing, replacing, and repairing a facility. 3. "day" means a riventy-four (24) bour period beginning at 12:01 am. If a thing or act is to be done i.n less than seven (7) days, intermcdiate Saturdays, Sundays and legal holidays shall be excluded in tlie computation of time. 4. "distribution system, system and li.nes" usecl either ni the sinbular or plural shall mean and include the poles, conductor, pipe, mains, laterals, conduits, f'eeders, regulators, meters, firtures, cnnnections, and all attachrnents, appurtenances equipment and appliances necessary and incidental thereto or in any way appertaining to the diskributinn of the serviee or prcxluct and which are located within a right-of-way. 5. "facility" used either in the singular or plural shall mean any tanSible ~ component Qf the tratismission and distribution systcm -vvithin the right of way ar ' on pulilic property, including supporting struclures, located in the operarion ofi Ordinance 06- Time PJaroer Franchise Page 1 of 17 Draft activities authoriz.ed by this Franchise. The abandonment by Grantee of any facil.ities as defined herein sliall not act'to remove the same from this definition. ~ 6. "hazardous substances" shall mean any substance or tnaterial defined or designated as hazardous or toxic waste, ha•r.ardous or toxic material, a ha'r.ardous, toxic or radioactive substance, or other similar term, by any federal, state or local envi.ronmental statute, regulation, or ordinance or decision of a state or federal court or administrative agency or body, presently in effect 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 maintain" shall mean the work involved in the replacemcnt and/or repair of Facilities; including constructing, relaying, repai.ring, replacing, examining, testing, inspecting, removing, digging and excavating, and restoring operations incidental thereto. 8. "Termittee" shall mean a person or entity who has been ganted a permit by the Permitting Authority. 9. "Permitting Authority" shall mean the City Manager or designee authorized to process and grant pcrmits required to perform work in the rights-of- way (ie. Obstruclion Pertnits). 10. "protlucf' shall refer to the item, thing or use provided by the Grantee. 11. "public property" shall mean any real estate or any facility owmed by the ;City. . : 12. "Public WorE:s Director" shall mean the Spokane Valley Public Worl:s I7irector or hisJher designee. 13. "right-of-way' shall refer to the surface of and thc space along, above, snd below any street, road, highway, freeway, lane, sidewalk, alley, court, boulevard, parkway, drive, Grantee easement, and/or road right-of- way now or hereafter held or administered by the City. 14. "streets" or "highways"' shall mean the surfacc of, and the space above and bclow, any public street, road, alley or highway, within the City uscd or intended to be used by the general public, to the extent the City has the right to allow the Granlee tn use them. Sectian 2. Grant oP Franchise. The City of Spokane Valley, a Washington municipal corporation (hereinafter the "City"), hereby grazits unto Time GVarner Telecotn of Washington LLC, a Delaware limited liability company doing business in Washington (hereinafter "Crantee"), a franchise for a period of ten (10) years, beginning on the effective date of this Ordinance, to install, construct, operate, maintain, replace and use all necessary equipment and facilities to place facilities in, under, on, across, over, thtough, along or below the public rights-of-way and public places located in the City of Spokane Valley, as approved undcr City permits issued pursuairt to this fi-anch.ise (hereinafter the "I=ranchis£"). i ~ Ordinance Ob- Time Warner Franchise Page 2 of 17 I Draft Scctioa 3. Fec. I`o right-of-way use fee is imposed for the tcrm Uf this Franctiise. Any sach right-of-i-rny use or franchisc fee tfiai may be impased by subsequent ordinancc wuuld apply to any suUscquent franchise, if any, batween the parties. Sect oo . Ci Usc. lbe foUow•ing pmvisicxns shall apply rcgarding City use. i. Grantne age~.~s to resen•e to the City the right to access two (2) dark fiber strands st wcry location pa.ssed by Grantee's facilities within the boundaties of the City, for sole and excl►uivc municipal use or designation, with aceess to any building or Caciliry designated by the C'ity, subjvct to the provisioas of paragiaph 3 below of this Sectiun a. Said dark fiber shall be reserved fQr use by the City for govcmmcntal purpases, PROV[DEll, that as to the fibcr rewuncs ~rnnted to the City under the terms of this provision, the City agrees that it will not use svch fiber as a public utility provider of telcxommunicatians business service to the pub6c. 7be City resmes the right to connccl its tw•o darlc fiber strands to other fifxxr netti4•ork providcrs, with the }ual ofachicving marimum cvuncctivity fur City purposcs. . - y• - . . . . ~ , . 4csigHak4 by !he City. Said "i fibef ,WI be res-eeed f4 use by the City fe4-gave-bi f.a. Ae.m. I-e I , ; LAMoses; . the , --u- •.s. ..44'_044a-t!irs~u ~ 2. Ttte City shall ha%e the right tc) acccss by connc:ction to the mo ~ dark fiber strnnds ut any location served by this Franchise within the City limiis. Re City shal) provide at least 30 days wTitten notice of intcnt to access Grantee's servicz. 3. Thc City shal) pny all costs associaied with canstructing any C'ity connection w (I r3ii tee's Franchise service. The City shnll pay Grantee a rccurring manthly charga af $20.00 pcr fiber pair pet mile in use by the Ciry unlGSS otherwise spacificully agreed hy both the parties in writing. Said monthly recumng c6argo shall not be impased until such time as the fibcr is put inta use by City. A fiber pair t-efers W tw'o stmnds of cab}e. At such time thal Grantee runs nut nf capacity in the fiber bundte in which the City's rescrvcd 6ber pair is contaiucct, lhen the City shall tngin paying Grantae's standard recurring monthly rate upon thirty (30) days' writtcn notice. 4. Consistent with Washingtan Ch. $3, laws of 2000, section 7, at surh time when 6rantee is constructing, relocatin& or ptacing ducts or conduits in public rights-flf •wny, the I'ublic Works Director muy require Grantec tu pravidc the City with :ulditional duct or conduit and related structures nec.essary to Qeces.s the c;onduit at mutunlly convenient locstions. Any (iucts or conduits provided by Grantea under this Section shall only be used for City municipal Purposc:s. A. The Ciry shaU not require that the ndditional duct or conduit spsce be conneeted to the access structures and vaults of'the Grantee. B. This section shall not effect the provision af an institutional networl: by a cable television provider under federal lavv. Orc1iiFanee. i1b- I ime Warner 1=ranchice Pa_*c t If 17 Draft C. Grantu shall notify the Puhlic Works Director al lr.ast 14 days prior to opening a trench ai any location to allaw the City to cxercise its aptians as providui herein. •tio 5. Rccoverv of Costs. Grantce shall be subject to all petmit fccs associatcd witii activities undertakcn through the authoriry grantcd in this FrFSnchise or undet ardinances of the Cit,y. Where; the City incurs costs and expenses for rtviCw or inspectian of activitirs undertal:en thmugh the authority grxnted in this Franchise or any ordinances relating to the subjext for which a pcrmit fee is nc,t estnbiished, Grantoe shall pay such costs and eepenscs directly to the City. In addition to the above. c;rantee shnl) prnmptty rCimburse the City for any and all costs it reasonably incurs in respanse to an` cmergency involving Grantce's facilities. Section 6. \c•n-Exctusiviri. This Franchise is granced upon the express condition that it shall ncit in any manncr prevent the Gity fmm bmnting othcr or further franchises in, under, on, across, uvcr. Uvough, slong or below any rights-of-way, sUreeLs, avenues and any other public tands and propertics uf evcry typc and description. This and other franchises shall, in no way, grc% rnt or pmhibit tht City from using any of its rights-of-way, roads, strecis or othet public proprrties or affect it5 jurisdictian over them or any part of them. The City hereby rctains full power to make all changes, relocations. rcpairs, maintenance, establisltments, impmvcments, dedir.ations or vacation of same as the City may dccm fit, including the dedicxtion, establishment, maintenanca, and improvement of all new rights".,C- way, streLKs, avenues, thoroughfares and other public propcnies af every t)pe :uid Je~criptit-in. .~'Sctinn 7. Nun-Intcrfereme with Existin¢ Hacilities. I1ie Citv shall Ime pricr and superi<ir rigfit to the use of its roads, streets, and alleys, and publie properties for installation and niaintenance uf its faciliries nnd other governmental purposes, and should in the sole discretion of the Ciry a contlict arise «ith the Grantc-a's fscilitics, tt►c Grantee shall, st its own expense and cosl, conform to the CitN's faciiities ana othec governmcnt purposes uf the City, unlcss RCW 35.99.060 provides othcrwise. Ilie ovt-ners of all utilities, public ar privatc, installed in or an such public properties prior to the installstion of the lines and facilities of the Grantec, shall liave prefercnce as to the posiiitining and lc.x.ation of such utilitics so installod with respeci to the Gtantec. Such preterenct shall continue in the cvent of the neccssity of rclacaiing or changing the grucie of any such public propertics. Grnntee's sysicro shall be canstructcd and maintained in such manncr as nat to intrrfere w•ith any puhlic u-jc:, ar with any othcr pipes, wirz,:. conduiu rn other fscilities that rnn}• have hecn laid in the right-s- ot=%% ay by or undcr the City's authorsty. tiectjon 8. Riyht to Raads Not Suucrsedad. Ilie('ity. in thegrantin~ ~,f thi; t-rancf~i~e. ~lc~e, not «aive any rights which it now 6olds ar may hereaftc:r acquire, and this Fninchise stiall not be ccrostrued so as to deprive the City of any powccs, rights, ar privileges which it now hss, or may hercafter acquirr, inctuding the right of emincnt domain, to regulaTe the usc and control of its raads covcrcd by this Franchise, ar to go upon any and all City roads and highways fur any purix)sc including conswcting, repstiring, or improving the same in any such manner as the City, or its representatives may elect. Thr Ciry shall ret<iin tull authoritativc potver in the s.3mc aild like manner as though this Fr.inchise had ncver bcen granied. Nothing in this Franchisu shall be coetstrued to prevent the City Gorn constructing facilitirs, o uding, paving, repairing ancilur aliering any street, or (a}•ing down, repairing or remaving facilities or construrting oc establishing any o[her public wurk or impcovcment. All sueh work shal) be done, insnf'ar as practicable, so as to not abstivct, injure or prevent the unrestricted use and opetation of the facilities nt I the Grantee under this Franchise. If, however, any of the Granteds facilities interfere with City projccts. Grantee's facilities shall hc removr.d or replaced upon reASonable written notice tu Grantee. Any and all Ordinancc:116- T imr Wurncr f~r.inchisc ('aQe a uf 17 I Draft such rcmnval or rcplaccment shall be at the sole cxpense of the GrantLe, unless RCW 35.49.060 pruvides othcrwise.. Shauld Grantcc fsil to retnove, adjust or relocate its facilities by the datc eswblished by the Pubtic Works Director's written notice to Grantce and in accordance with RCW 35.99.060, the City may cause andlor effect sueh rrmoval, adjustrnent or re2ocation, and the expense thereof sha11 ba paid by Cirantce. Section 9. Cammencement of Construetic,n. Construction of the facilities cantemplated by this Franchise may cummence within five (5) days af the effertive date of this Ordinance, provided that such timc timit shall not xpply to dclays causaci by acts of God, szrikc or othct occurrrnccs over which Grantee has no control. Failure to begin conswction uf facilities wi[hin onc (1) year of this franchisa shull automaiically result in tcrminasion af this tranchisr. Sectino 10. Cansmiction StnndArds. Ali facilities shall be instellod in confcxmity with the plans nnd specifications filed with the City, escept in instances in wfiich dcvirilion may be allowed in vvriting by the Public Works Dirrctor pursuant tn application by the Grantx. All plans and spocifcations •hall sperify the class and rype of maicrial and cquipment to be useci, manncr of excavaeion, ccrostrtictic►n and installation, backfill, crcction of tertiporary structures, crrction of pcrmancnt strvctum, and the traffic conWl mitigation measures as provided by the Manual on [.'rciform T'raf'fie Ccmtrol Devic.es, or similar ,;;tandards as may be applicable from time to rime. 7fie ptans must mect al) Federal, State, County nnd City Cadcs and [hc l.'tility AccacTirnodation Plan Si.3ndnrds, tiuw,ithstanding any provisian herein to the cuntrar}, any cxcavatiuns and installations by the Grantcc in any uf thc public propr,nies within the curporatc limiLy af cltic City shsll be done in accordance with such rrasanable rules, regulatiocu, and resolutic+ns of geaeral application naw enacted or to be enacted by Ciry Council, rclaeing to excuvations in public pmperties ot the Ciry, nnd authorized by the t'ublic Works Dirertor_ Said rules, regulations, authorizBtions, and resofutions shall be for the purposes uf fulfilling the City's public trustee role in administering the primciry use snd purpclsr of public pmpcriies, and nat fot rzlieving the Grantce of any duty, obligaiian, or rcsponsibility tix the wmE+ettnt efesign, construction, maintensnce, and aperation nf its tacilities. Grantee is responsible far the supen•isian, condition, and quality of the wock done, wfiether it is by itself or by eontractors, assigns ar aitencies. Section 11. 5S13ecial ConstruCti4n 5tandards. During any peri«i of a•oric relating to Grantae's tacilities, all surface strurturr3 and cquipmont, if any, shai) bc orrcted snd uscd in such placcs and positions within or adjacent to public ribhts-Lif-way and uther public pmperties so as to interfere as little as nossible with the free passage of vehiculnr and pedestririn traffiic and the free use of adjoining propcrty. i;rantee shall, at atl time4, post and maintsiin proper barricades and campfy with all applicable safety regulaiions during such period of canstructiun as required by the ordinanees of the City, conditions of permiis, and laws and regularions of the StaLc of Washington, specifically including RCW 39.04.180 far the con~;trvctian of trench safety systems. If Grantee shal) at any time be required, or plan, to excavate trenches in any area covered by this Urdinancc, the Grantee shall afford the City an opportunity to permit other fianchisees and uiilities to share such excavated trenches, providcd that: (I) such joint use shall not unreagonably delay the wotk of the Grantec; and (2) such joint use shall nul adversely afi'ect Granteo's raciliac.s or safety ehEreof. Whom by ihe C-4y-Joint usccs w ill lx rcquircd tu contribittc to the casts of cxcavation and 11IIIl1it O[1 i1 l1N-t'ill3 E7d51i~'!:--=-i--r'=rs'_.~-='~Cf'_`:j•. .f*ii-s'a »g;ta::7~-..a:~'t t<~-:~ rti._•3~-=i~~~ .:::{:1:' Section 12. Ke-stc~mtian ARer Constru ion, Grantee shall, after abandonment appruved ur.tkr Sextiun 29 herein, or any other installatiun, wnstruction, reloralion, maintenance, or repair of facilitics within the area nfthis Fr3nchisr, rzstore the surface of the riF;ht-of-way or puhlic Propcrtv to at (}rJu1.c1cc 00- 1-1r.9t: Warncr Vranch;:e f a:;e > ~A"1' r D raft least the cumently adopted City standards cir w; reyuirei hy the 1'ublic WorS., Du«:tor thruugh a riY.~ht-oC- way permit, dcpending upon special circumstanccs. Grantee agrres to promptty complete all nstoration ~ %Wrl: and to prompUy repair any damage rau:ed hy ;uch %+urk ithin thc arca of thiti (=nnchi~e or other atlertcd area at its soic cost and cxpcnk . ti"tion 13. I3nmarre and NRn-L'ompliance. Any and sll damage, ur injury, done ur causwd tn l.ity righht-of-way, City facilities, or any portion theTCaf in the canstruction, opzrsiion, maintenance or mpair of Grantre's facilities shall be immedintely repaired and reccinstnicted in ccinforrnancc itli city ordin,sncc, m.gulatian or pulicy as adoptod or hereby amendecf. . _ _ . 4afflage, _ . . - ; ~~,~.-t-~f-~~-~i=-; -cfCti~=ir-'ri,ec ' . : t fGfeniae's - - - i8$i.~r"fl+H-f~dw-. Diw;er. . . .,.1 . . !r~f-and flt+onAFHet said~ . - - . _ - . • - - - - . _ _ !i, ' _a.,i.' _ ci-- . !4-•ff-~'.'►~Sci*~-~'=.'t ~!~ii~-c--:~-iii~i 1rf't:'::c'c-iir-~r.~•~,.yt~=: :ir~~Ct.'~f 4:•'-=t~:+-ti;~{:!r;~rcc---~_ .r . _ Ci;y. - ..j _ - . . 1'. ' :t=!e . ~ip:1in'9T. . . ~ .•t... ,.t'J 4:4 • - r;'~-?~?~t`~-?~?i " - - ~l• . ~~i~c~-~ ~ . - = . _ Seetion 14. Protcxtipn of onumcnt~.. Befare any work is pcrfimncd under tfiis Fraiichise -which may affect any cxisiing monuments ar marlcers nf any naiure relaling eo subdivisiaiu, plats, roads, and all other surveys, the Grantee shatl mfennce all such monuments and markers. 1"hc reference point; shall be so {ocated that they will not be disturbed during the Grsntee's operations under this Franchise. [ hc mcihod of referencing these monuments or othcr points to be cefereaced shall be npproved bv thc Public Works Director All eoneciete rnutsed recordCo monuments which have been disturbed or tlisplaced by such wark shall be rCStored pursuant to State and Fedetal standards wid sp~.~cifications. 'Thc nplncement ot all such monuments or markers disturfied during eonstruetion shall be made a-, cxpeditiousty ss the conditions permit, and a-q directed by the Public Wor{cs Uireeinr. Ttte cost ci1 monuments or other mark-crs IQSt, destm}'ed, or disturbed, and the expense of replacement of appro%c-i rnanumems ani1 i,,her markrr tii:s whicli have been re-c.tahlished or ciisturhed shall hr Ix7rne by the ( iratttc`c'. 1--'ection 15. [)cainav~e. It thc: work dunu under this Franchise interfcres in any %tiay ith the drainage of a City right-of wtty, the Grsintea shflll tivholly and at its ovrri expense mnke such provisions neccs&ary tu climinate the interferenc.e to the drainage to the satisfaction of dic Public Works Dircct~.~r. Section 16. Ubstrvction Petmils Reyuired. Whcncver Grante~e sIiall occupy or excavate in any public right-af-way or other public propcrty t'(ir the purpase of installa2ion, construc:tion, repair, maintenance or relocaiion of its facilities, it shall upply ta the City for a permit to do su, tugether «-itli cletniled plans attd specifications showing the position, depdi, and tocatiun of al) such facilities in relation to existing rip,hts-af-way, mads, stneets, or otlier public property, hercinafter callectively refeRed to as the "I'lans." All wark within any public rights-of-way or on other public property s[iall be pursuant to a vnlid ue:rmit. 'lhe faeilities shal) be insulled ar eonstructcxd in rxact conformiry with said Plans cxecpt in instances in which deviatian may bo allowed by the City, in wTiting, in response to written application hNGnantee. -1lie I'lan, shall specify the clnss and type of m:itcrinl nnd equipmeiit to be useci, manner of i)r.lu1Luicc 116- lmir 1Varner l r.uidii:c i'.ie..: h ~~i 17 Draft cxcsvatiun, conswction, instnllation, backfill, ercctiun uf tcmporary structun.~s and facilidcs, erection of pernixnrnt swctures and facilities, traffic conirol, tr-af'fic turnuuts and road obswctions, and all othcr noccssary int'ormation including a schcdulo for the work. During the progra.S of the work. Grantoz shall not unneccssarily obsvuct the passage or proper cue of the rights-of-way. Grantee shall filc as-built plans and mnps with the City showing the final location of the fatilities. All restaratian of rights-of-way, roads, streeLS, sWrm dtainage and the s-urface of uther public pmpetty shall be in confarmnnce with City standards, and conditions of the pc.~rmit. SectiQa 17. `taintensttce, Grantec shall pravide and put in ux all facilities nects;ary to eantrol und carry Grantee's products so as to preti•ent injury tn the City's pmperty ar propcrty telonging to any person w•ithin the Ciry. Grantee, solely at its ovm expense, shall repuir, renew, change, and improvc said facilities from time to time as may be nccessary to maintain the snme in good condition_ Grantce shall not construct its facilities in a mannrc that requires any custumer to install cables, ducis, eonduits, or ottier facilities, in, under, or over the City's rights- of-way. Sertioo 18. Emcreencv Resaonsc. The Gtantce sba11, within six months of the exocution of this rranc6ise by the Grantee, prcpare and file with the City and adhere to an Emcrgency Management Plan (the "Plan") fcr rcsponding to any spill, break, ar other cmcrgcncy condition. 'Ile Plan shall desig,natr reqxmsiblc officials and emergency 24-hour an-call personnel and the pnxedures tn be followed v►•hen responding to an rmergcncy. When dereloping such Plan, the Grantee shall work with the Public Works Diroctoc and the City's Police Ih:psrtment to determine when and hnw the same should be cuntacted during emergencies. After beins notificd of an emergeacy, Grantee shall cooperate with the City and make evcry cffort to immediately respond w•ith actian to minimize dIImabe and to prota:t the health and safety ufthe public. ln the event the Grantee refuses to promptty tnke the directed action or fails to fully campty with such directian, or if emergrncy conditions exsst which require immcxiiare action to prevent imminent injury or damages to persQns or property, the City may talcc such actions as it beGeves are ooccssary to protect pcrsons or property and the Graistee sha11 bc respansibte to rcimbursa the City far its costs and any expenses. 5ection 19. Emeraencv Work. In the cvent of any cmcrgcncy in which any af Grantee's facilitics Ureak, am damaged, or if Grantec's facilities or construction areas IIre othcrwisc in such a candition as to immediaLely endanger any property. (ife, hcalth. ur safcty. Grantee shall immediately infortn the City ofthe iocation snd crndition and shall immodiaicly taka all necrssary actions to rclsir its facilitics, snd tn ctue ar trmrdy any dangtmus conditions. Such emergcncy v►•c,rk may he eommenced ,without first upplying for and obtaining a permit us required by this Franchise. Howcver, this provisinn shall not rclicva Grfuitee from the requirement af obtaining any permits necessary for this purpose, and Grantoc shall apply for al) such permits not laier than the next succceding day during which the Ciry is nNn fior husiness_ Section 20, One-Call Svstem. Pursuant to RCW 19.122, Grantee is responsible far becAming farniliar witht and understanding, the provisions of Washingtan's Oae-Cal) siatutes. Grantec shall c:,mply with the terms and canditions set forth in the One-Call statutes. Section 21. Ins m-tions and Fees. All woric performed by Grantre shaU be subject to in.Tcction by and approval of the Ciry. Thc Cirantre shall reimbursc the City far all expenscs incurred by rhe City in the examinatian, inspection, and appmval of Gmntee's wark. Such reimbursement shall be in aJcfition tu anv otlicr tees ov charge; levicd bv the Ci[~. (Irdinar,•cl- ilG_ Fsmc 1k;arn,:r Fryncl;i;r ('.i _,e 7 17 Uraft tioo 22., Safeh.. '1'he Grantee, in acwrdancc with appliuiblc feciernl, state, and Iocal safety rules and regulations, shall, at nll times, employ ordinary care in the ins-tallation, abandonmcnt, reiocation, consvuction, maintenance, ancUor rcpair, utilizing methods and devices caRUnonly accepted in dicir indLLStry of operation to prcvent tailums and accidents that nre likely to cause dsmagc, injury, nr nuisance W persons or properiy. All of Grantee's facilities in the rights-of-way shal) be canstructed anii maintained in a safe and operational condition. Gratttee shall follow all ssfeh• r.cdes and othcr applicahle regvlntions in the installaiioti, aperation, and maintenance of the facilities. Section 23. 13uildine Moving. Whenever uny person shall have ubtainzd permission frovn the City tu use any right-of-wny fur the purpose of moving any bailding or other oversizod structure. C;rantec, upon fourtaen (14) ciays' wriucn notice from the City, shall raise or remove, nt the expcase oFthc Permittee desiring tn mova the building or structure, any of rrantee's facilities that may abstruct the movement thercaf; provided, that the path far moving such building or structure is the path of least interfemnce to Grantce`s facilities, as determined by the City. Upon good causc shown by Grantee, thc City may rcquire more than 14 days' nutice to Grantae tu move its facilities. Section 24., Acauirina New Fecilities. Upcm Gcantee's acquisition of any new fa,:ilitics in the rights-of-way, or upon any addition or anncxation to the Ciry oi'any area in wfiich Grantee retains any such fscilities in the rights-0f-way, the Grantee shall submit to the City u written statement describing all iacilitics involved, whether suthorized by Franchise or any other form of prior right, and specifying the Iocation of all tiuch tacilities. Such facilicies shall immeiiiately be subject to the terms of this Franchisc. fiection 25. f)ancemus Conditions - Authoritv of lirv to Abate. W-hencver excavutirn, ins2a11sii0it, conswction, repair, mairitenanca, or reloeation of frtcilities guthorized by this Franchise hns ~ caused c>r eontributcd tu a eondition thai aApeaf,--4}-substantially impairs the latera) support of the sdjoining right-of-way, ruad, street or other public place, ar endangers the public, acijoining public or Private property or sUcet utilities, the City may direct Grantcc, si Grantee's sale etpense, to take all necessary aetions to protect the publie snd property. Thr Cit}' may requirc that such action hc: rompleted w ithin a presrribed timc. In the event that Grantct tails or rcfuscs tu promptly takc: the actions directed by the City, or fails to fully comply widi such directions, or if rmergency conditions exist which require immediato actian, the City may enter upon the propcrty and take such actions as aro nocessary to pratect the puUlie, adjacent public or private property, or street urilities, or to maintain the latetsl support thereof, and al) other actinnS ~ deemed by the Ci►y to be necessary to preserve the public safety and welfam;---f_:~ an~! Grantce shall be lisblu to dit City for all costs and exprnses thercof to the extent cat~sed by Grantcc. 5ection 26. Harardous Substances. Grantee slinll comply with all applicable staie and fe,~ernl laws. statutes, rcgulations and ardrrs conccrning hszardous substancxs relating tu Grantee's f'aciliiies in the rights-of-Hey. Grnntee shell maintain and inspect its facilitics located in ttic rights-of- wny. [Jpon reasonable written notice ta Grantee and in the presence of an xutllorired represcntativc of Grantee, the City may inspect, at City's so)e cost,'rnntee's facilities in the rights-of-way tu dr.termine it' any release of hazarcious substances has occurred, ur may occur, Gom or related to Grantee's fitcilities. This inspection is not to remove the burden of inspcction from the Grantee Qn a periodic basis of its fzcilitirs for hazardaus suhstnnces, nor is to removc tlie responsibility af the harardous substance frum thc Grantce. In rcmoving or modifying Grantee's facilities us provided in this Fmnchise, Grantee shall alsc► rcmove all residue uf haT.ardous substanccs caused by Grantee's ownership or operaiion of its facilities within the City's right-of-way in compliance with applicablz environmental clesn-up standards mlatcd ~ thrreta. Grantee agrees to indemnify the Ciry agginst any claims, costs, and expenses, af anv kind, whetlicr dircci or indirert, incurred h} the C'ity arising out af the relcase or threat of release of Ordinauicc 06- Tlme Wurner Franchise I'agz 8L) f 17 U raft halardous subsuznces csiused by Grnntee's ovmership or opcration of iU tacii+ti~~ within the Ciry's right- nf-wiy, hut not be}'ond any applicable statute of limitations period. Sect3oq 27. Env-irostmental- Grantoe shall comply with all cnvirunmcntal protection Imtis. rules, rc.rommendaiions, and regulatians of the United Statei and the Stntc of Washington, and their various subdivisions and agencies as they presendy exisi or may hereaRer be enacted, pramulgated, er amended, and shaU indemnify and hold the City harmlcss from any und all damnges arising, or which may arisc, or be caused by, or result fmm the failure of Grantee fully to comply with any such laws, rules, necommendations, or regulations, Rhether or not Grantcc's acts. or activitics were intentional ar unintentional. Gsantee shall further indcmnify the City sgainst all losses, cosLs, and expenscs (inc:ludinst Icaa) expenses) which the City mny incur as a rcsutt of the requircinent of ttny govcrnmrnt or sovernmcntnl subdivision nr agcncy to clean andfor remove any poIlution caused or permittcd by Gr.intcv:, whr:thrr said requirement is during the term of the Franchise or subsequent to ils terminatian. Scction 28. Relocatian of Fecilities, Grsntce ggrces and covenants, at its sole cost and expxnu, to prvtect, support, tempi.irarily disconnect, celocate or remove from any stre:et any of i1s f~Icilities when so required by the City in accardance with the provisions of RCW 35.99.060, ~~4 ~ - f. - . _ . . - _ . -Ir-i~'c~ft~+i~FczEif~lt-e+ publieprovided thnl Grantre shall in all such cases have the privilege to tempcrrarily bypass, in the authorizeci portion of the same strert upon approval by the City, sny section of thcir farilitirs rcquircd to be tcmpararily disconnectod or removed. lf the City detecmines ttsat the projoct necessitates the relocation of Grantoe's thrn- cxisting faLilitics, the City shall: a) At least sisiy (60) days prior to the commencement of such improvement projxt, provide Grantoe u-ith v►Titten norice requiring such rclocation; srtd b) Provide Grantee with oopies of pertinent pottions of the plans snd specificaiions fur such improvemeirt project and a praposeai }ocation for Grantce's facilities so that (irdntec may relocstc its facilitics in other City riglits-of-way in ordcr to acrommodatc such improvcmcnt projert. c) ARer raceipt of such notice ur►d such plans and specification, Cirantec shall complctc rrlucation of its facilities nt no charge ar cxpcnsc ta the City so ns to accommodate the improvemcnt projoct si lcast tcn (10) dnys prior to commencemcnt of tbe project. Cirantee may, gRrr neceipt of written notice re.questing a relucation of its facilities, submit to the Cin• «ritten altcrnatives to sach relocation. The Ciry shal) evuiuate such alternativts and advise Grantee in writing if one or more of the alternativts am suitablc to actommodatc the w•ork which would otherwise neccssitxte relocation of the facilities. If so requestrd by the City, Grantec shall wbmit additional infc+rmatiun to assist the Ciry in making such evaluatian. The City shall givic each altcrnative proposecf by Granicc full and fair consideration. tn the event the City ultimatety dcterminzs that there is no othrr rea.sonable alternative, Grantee shall relocate its facilitie$ as otherwise provided in this Scctian. i I7ie pruvisions of this Scction shall in na manner preclude ur restrict Gtantee frum tnaking any ;irningemcnts it may decm appropriate when m-sponding to a requesi far rt;locatian of its facilities by any, persnn or entity atfier than the City, where the facilities to bc: constructeci by ssid person or entity are not ur will nnt bccome City rnwnecl, oprr.itcd c>r iTtaintained facilities, provided that nich nrmngemrnt5 do not Ordin;inct_ Ufi- 1'itnc 1V:itnrr i-randhi=_• !'a:;c 9 of 17 Draft unduly, dclay a City construction prujrct. Section 29. Aband4nment of Granter's Facilities. No facility cotistructed ur uwned by e;rantee muy be atxindoned w-ithout the express written cvnsent af the City. Any plan for abandonment or remova) of Grantee's facilities must he first approved by tha City. and all neressary permits mu-q be oUtainesl prior ta such work_ ti'ectioa 30. Records. As .s condition of this Frfsnchise, and at its 5.o1e exprnsc, Grantee ~ agrces to provide the City with available as-built plans, -,---t+;tia1ptii-as; firld lucaies, maps. plats, spcxifications, pcofiles, and records of its facilities within City rights-of-way upon request. Such documents shall bc pruvided upon request by Grantor within five business days af Grantor's cequcst. 'These necords shall be in a digital elextronic forrosit acceptable to the City, unless the Public Works Director deems it to bc a hardship to die Grantee, in which case a hard copy in a format ucceptable to the Pubtic Works Director shall bc providecl. Tu thc extent such rcquests are limited to specific facilitics at a given Incaiion within the Fmnchix area in connecUon with the construction of :any City project, Grantee shall provide to the Citx, upan the City's teasonable request, cnpics of availabte drawings in use by Grantee showiru3 the iac82ioii of such facilities. Grantee shal) ticld locate its facilities in order to facilitate design and planning of Cit,, improvement pnajects. Upon writtco requcst of the C'ity. Grantee shall provide the Ciry with the most recent upcl;it, available of any plan uf potential imprd<<ements to its facilities w7thin the Franchise an:a; pmvided, howCVCr, any such plan so submiued shall be dcemed confidential and for informational purposes only. and shall nat obligate Grantee to underlake any sperific impnavcments within the Franchise arr:+. 'Ihe parties agrx td periodically shate Geogaphic Information Svstcm (G1S) tiles upc?n written rcquest, provided Grantoc's GIS files nre to be uscd solely by Grantor for governmental purpc►ses.-;-=.-t:`t Any files providcd tD Grantce shall be restricted tn infortnation requirrd for Graniee's engincering needs far instaUation, repair or rcplacement uf facilities diat are the subject of dhis franchise. (irantec is pmhibited from sellinb any GIS information obtainaci from Ciry to any third pairtic;. Public Uisclosurc Act: C;rwitee acknoHlcdgcs that inform3tinn submitted to thc City may be subject to insprc:tian ttnd eupying under the Wrsshington Public Uisclosure Act codified in chapter 42.17 RCW. Grantee shall mark as "CQNFIDEN"rIAL" earh page c►r pcirtion thereof of any documrntationlinfarmation which it submits to die City and which it believes is exempt From public inspection or copying. 'Ile City agrces to pravide the Grantee with a cnpy of any public disclosurc rrquest to inspcct or copy documentatioNinformation whicii the Gtantee has provided to thc City aiid markcd as "CUNFIDENTIAL" prior to allowing uny inspection and'or copying as weU a.s pmvidG thc C;rantec with a time frume, cunsistent wit6 KCW 42.17.320, to provide the City wittt it4 written basis for non-disclosura of the requestcd ducumentntion./infonnation. In the event the City disagrees with the Grunte9e's basis for non-disclosure, the City agrers tu withhold rolcasc of the requestcd documentaLionlinformation in dispute for twenty (20 days until thc Grantee can tilc a legal acticm undcr KCW 42.17330. Sertion 31. Limitation on Future Wark. In the e►ent tlhat the City conswcts a new sm,~et or re~c:onstnucts an existimg strect, the Grantee shall not he pennitted to cxcaraie such strect except as set torth in the City's then-adopted regulations relating to street cuts and excavations. 5hfilE--Ret--be--pef-Mk-_-1-:-, _ . . ~ -i-~'•--- . ~ . _ _ . - . f 1fi~;S1::11C~I~h• I 1l2lC W,,izi,r f r3Cli1!I':C n raft ~ Section 32. Rcservation af Ri is by Cityl Tbe City mserves the right to refuse any c+equest for a pernlit to extend franchisv facilities. Any such refusal shall bc suppoctm by a writtcn stgtcment from the Public Worlcs Director that eYtending the Ganchise facilities, as proposed, would interfere with ~ the public health, safety ar Scction 33. Remcdies to Fnfarcc Ccsrrmpliance• to addition to any othcr rcmcdy provided turein, the City reseives the right to pursue sny ncmady to compcl ar forcx Grantes and/or its successors and assigns to comply with the terms heraof, and the punuit of nny right or rcmady by the City shall not prevent the City fmm thereafter declaring a!'orfeiture or nwocatian far breach of the conditians hcrein. Sec6an 34, Citv Ordinsnces and ReRUlations. Nothing herein shall be deemeed to direct or restrict the City's ability tu adapt ahd enforce al) nexessary and appropciate ordinances regulating the perf'ormancc of the conditiQns of this Franchise, including any reasunable ordinances made in the rxerciw I o1 its police powers in the interest of public safety and for & we[fan: uf die public. The City shall have the autharity at aU times to convol by appropriatc regulriiians the locaiian, elevaiian, and manner of cnnstruction And maintenn»ce af any facilities by Grantee, and Grsntee shall pmmptly ccmform with all 5uch regulations, unless compliance would cause Grantee to vialate ot!►er requirements of law. Sccdoa 35. VacaLion_ The City may vacaie any City road, right-af-way or other City pft-jperty which is subjcct to rigiits granted by this Franchisr bccause said raad, right-of-way ar othcr City pmperty is no langer nacessary for public use. Any rclocation of facilitits resulting from a strcM vacation shal) require a minimum of 180 days notice as grovidod for in Scciian 47.n, a! an:--t==Te, aht! sh ..v,• - ~--~t~~€'-~w - • - _ ight!rsr"Ied by t . , . - - . _ 'fi " - r . ._.^?1-C . ...........Yl-ttt+t-b@-~lB~1'C'-fer- $zi~`'attltttWecy-±i-lk . Sertion 36. Indecnnificatian. Grantce hcrcby releases, covenants not to bring suit and agrees w inJcmnify, defend and hold harmlt5s the City, its officers, employees. agcnts and reprcsentniives from any and all claims, costs, judgments, awards or liability ta any person, including claims by Grantro's owi employees to which GrnnteE might ocherwise be immunc undcr Tit1e 51 RCW, arising from injury or death of IIny person ar dtunngc to property of which the negligent acts or omissions of Grmttee, its agents, xrvants, officers or emplnyces in performing scn•ices undrr this Franchise arc the proximate crsuse. Gmnter F'urther rrleases, caveruants aot to bring suit snd agrroas ta indcmnify, dcfend and hold harcnless the City. ItS OPfICCfS 8Dd CtripJOyces from any and all claims, costs, judgmrnts, awards or Iisbility to any persan, including clsims by Grantcc's own employres to which Grantee might othcnvise havc immuniiy onder 'I'itlc 51 RCW, arising against the City sole{y hy virtue of the City's oNti-nership or conUol cf the rights-of-way or other public propertics, by virtue of Grantee's c;xercise of the rights grnnted herein, or by virtuc af the City's permitting Grantec's use of the City's rights-of-way or other public propcrty based upan the inspectian or lack of inspxtion of work performed by Grantre, its agcnts and scrvants. officcs-s Lsr emplayees in conncction with work authorixed an tlic Cit}rs prvperty or property over which thc City hss contml, pursuant to this Franchise cH- pursuant to any ather peRnit or apprvval issuod in conncctian with this Frartchise. This covenant of indemnification shall include, but not lie limitect by this reference, to claims against the City arismg as a result nf the negtigent acts ar omissions of Grantet, its agents, servants, ofTicers or employees in bamcnding, instituting trench safeV s}•stems or providing adec{uate :%arnings of any e!ccavation, constntction, or w•urk in any public right-of-way ar othw public place in rxrfcirnianer of work or urvices permitted under this Franrhi;e. l)rdinartrc 06- f'imc W'arncr 1'nznchisc Na~~c I I of 17 Uraft lnspe.~,tion or acccptance by thc Cit} oi'any work pertornied b}' Vruiitee at the time ni c(nnpletinn oI'c.onstruction shal) not be grounds for avaidancc of any of tbese cavenants of i»demnification, except to~ the extent of thc negligence or %4illful misconduct of City, its olliccrs, employees or agcnts. Said indemnification obligations shall extend to etaims w•hich are not reduced to a suit and any claims which may bc compromised prior to the culmination of any litigation or the institution of any litigatiun. ln ttse event thal Cirantee refvses to ococpt thc tender of defense in any suit or nny clnim, said tender hsving brcn made in w-riting punuant to tfie indemnificatiun clauses contained herein, and said refusal is subsequently determined by a court having jurisdictian (or sucli other tribunal diat the parties shall agrce to decidc the matter), to have baen a wrungfu) refusal on the part of Gran[cr, then Grantcc shall pay all of thc City's cosu for dcfcnse of the action, including sll rea.sonable eapert N%7tness fees and re35onable attarne}'s' feas and tho rcasonsbic costs of the CitN, including na!wnahle attorne}s' fecs +,f recovrring under this inderunilicaliun clause. Should a court of compctcnt jurisdi-.:tion wr .4uch ~thcr vibunal thst ;he p:uti-~; tihall agree to decide the matter) determine that this Franchise, ar work conductad under autlwrity of this Franchise, is subject to RCW 4.24.115, thcn, in the event of liability for damages arising out of bodily injurv to persans ur damages to property r.aused by or resulting from the concumnt negtigence of Grantee and the City, :t: officecs, employees and agcnts, Grantee's liability hereunder shnll bc only to the extent of Grantee's negligence. !t is further specificaUy and erprealy understuM that the inciemnification provideri herein constitutes Grantee's waivcr of immunity under Titlc 51 RCW, solety for the purEwsc of this indrmnification. This waiver has bcrn mutually negotiated by the parties. Thc provisians of this Section 36 shall survive the expimtion ar tercnination of thi; f'ranchise ageement, for a{xriod of three (3) years, unless the applicable statute of limitaiions periai i` Ic.-;. in which case the provisions shall survive no longer than the applicable stefute of limitations pxriad.. Secdon 37. Insuiance. Grantee shal) prucure and maintain for the dumtion of the l=ranchi;C. insurancc against claims for injuries to persons or damages to property which may arice fmm or in cc>>mection with the exercise of the tights, privileges nnd authority granted hcreundLr to ic.; agenLs, representatir•es or rmployees. Appli.,ant's mainteciance of insurance as n;quind by this franchix shall not be wnserucd to limit tfie liubility of the Grantee to the covcrage provi.icti f,%- su,h insur.ince. or otherti%ise litTiit the Cit}'S recrur_,e to any retnedy available at Isw ar in equity. l Automobile Liability insuranre wiili l;miis n,, tlian 51.000,000 L't!nihi;fe:i Sin~.,!e I.imit per accident for bodify injury and property damagr. 1-his uuwance shall wver all owned, non-owned. hind or leased vehicles used in relation to this franchise. Coverake shall bc: %4•rittzn on Insurance 5crvices Ufiiee (TSO) form CA 00 01 or a substitute fi>n-n providing cquivalent liability coverage. If necessary, the poficy shall be endorsed i~, provide contractual liability coveragc; and -S~.4-4iiibilify 46r~h~e~~~-tw~j: : . J. /r~~--~~ tfi -~2-P£'FAM$~-- . = ._--a-fl-.~~: •~-if}i?~.~~. . _ _ _ ~!E►H;--e!i-~ Commercixl General Liabiliry insurance shall be %titten on Insurancc Smices Officc J (ISO) occumencc furm CG 04 01 or a~un:titutc !+orrii and shall covcr products liabiiity. T7ie City shol) be a named as an insured under tha Applicant's Commcnial General Liability insumnce pulicy using ISO Additionnl lnsured-Statc or Aolitical Subdivisions- Pernlits CG 20 12 oc a substitute cndorement providing cguivalent cuvcnge. Cavera~e orlin :ncc O6- 1 ime Wamrr Fninchi;c Pugc 12 ui' 17 Uraft shc►11 be written on an c►ccurrence basis %nth limits no Icss than $I,000,000 Combined Single Limit per occurrencc and S2,000,000 general aggreptc for pcrsanal injury, badily injury and pmperty damage. Covcra.ge shall include but not be limited to: blanket contractual; products/compkted operadons; broad form property; explosiun, collapse and underground (XCU); and Employces Liability. - . - ciamd io-z~-~#-§i--t~e~-~e}~►t sr'tSiaad-:^:=,.:ic-cr . ---r-f'-s3Meh kiil;-the-E^t{~--N$**~'_-"- c_ cs _:s:._. , r : :l:C .i:-~TV: insumes -4v~p3ft - • • ~ , • ~ - _ . - ~ . . Gmnwe- + 5 s itS • SMOW9, ~ y Y". . • ..r. r, v . ! • : , , ~ _ . r volumeeps . - - The ' ~d r FvTUM . _ ~-'?+4tiYH8-i e Cff~-: The insurance policies are to contain, ar be Gndarsad to conta.in, the follow•ing provisions far Commencial Gcner.i) t.iabilitv insurance: 1. The €mnelis~rantcr's ituuranee coverage shall be primary insurance w-ith respect to ihe CITy 3= nutlined 1(I file !?1d~ff1ll11)cI'_rion +_Y•t?i[1 ~~i thi; agrremcn . Any If1Sltl8I1CC, self-insurance, or insurance poa) coverage muintained by the City shalt be in escess of ilze franchisee's insurancc and shall not contribute with it. 2. The 4&,+ ~1- Jransoc's insurance shall be endorsed to state thai cavcrage sfiall not be cancellcdb5 eitheF paFfy, except aftrr thirty (30) days prior written notioe has been given tn the City. Insurattcu i~; to he plnced .4ith in;urer,; ti,. ith n currcnt A.!11_ Be,t rating uf not less than A:V11. ~ Grantm shaU fumish thc City %%ith orieinal certificatcs and a copy -::e amendatarrcndorsements, including the additinnal insured endursement, evidencing the insurance requiremcnts of the Gmntce -a-:,-~- ifieate y - prioc ta the adoption of this Urdinance.-.ap#-= i_ E►: - :t;$;!-ev:--lenee: Any failun: to comply widi the m-polting provisions of the policies required herein shell not nffect ccivznce provideci to the City, its olTicrrs, officials, empto}•eei or voluntcers. Sectioa 38. Bond. Before undertaking anv of the work, installation, itnpmvements, conswction, rrpair, relocation or maintensnce aut3iorizrd by this Franchise. Grantoe, or a»y parties Grantcc contracts tvidi to pcrform labor in the perfomiance of this franchisr, shall, upon the request of the Ciry, fumish a bond executed by Grantee or Gcantee's contractors and a corparaiz surety authorizeci tn nperate a surety business in the State of Washington, in such sum as may be set and apFroved by the City, not to exce4d twcnt}•-fve thousand dollar:s, a.5 suf'ficient to ensijre perfnrmance of Grantee's tihligation. ()rcitnancr oh- i irr:e 1l'srncr Fr,:nclii'.: N4e 13 ut 17 Draft under tliii rrajuhise. I-he txind Shall be cunditiuncd tio thnt c;rantee shall «hsene nll the cn%enanb, terntis and conditsons and shall faithfully perfurm all of the obligaiions of'this Franchisc, and tn reFair or mplace any defective woric or materials discovered in the City's road, streets, or pruperty. Said bond shall rcmain in effect for the life of this Franchise. !n the event Grantee proposes to ccrosbvct a projrct For which the atwve-mentioned bond would not ensure perfnrmance of Grantee's obligttians under this Franctiise, thr City is cntitlod to require such larger bond as may be appropriate under dhe circumstance,.. Section 9. Modifir.ation, The City and Grantee hereby reu.rve the right to uiter, amencl or modify the terms and conditions of thiti Franchise upoci tikrittt» akr~ement kif hoth pariies to <ucli altrr.ition, amendment or modificatian. S-ectinn 40. Com~l~i,ance With Ncw RCgulatiuns. (inuttLe: shall promptly uompty with all 1aw-tul City orclers, ncsalutions, ardinance and provisions of thc City's cude related w Grantre's operation of the facilitics; prnvided that (a) thc same eithet (i) am not irx:onsistent with this Cranchise or (ii) a.te a law-ful e\ercise of the City's police power, nre limited to reasonably regulating time, place and manner of Grantce's r.ntry onto or ncrivity within Gity's rights-of-wAy and (b) Grsntee shall not be subjext to any fees, curnpettsaiion or uthct payTnents except tbose pmvided for under this Pranchise, if rsny, subject to Section 5 . . l-he City and Graniee euch resen•e the right to reyuest that this Pranchise be changei, amended, modified. or amplifiad to conform to any applicnblc Fcxferal or State stntute or judicial or a,,iministrative decisiun, 5uite and Narianal Cades, Stnndards, and Rcgulations as tnay herraftcr be cnar.icd, adopted or promulgxted. Further, Grantee reserves the right tu cc>ntest any provisian of this Franchisc under aii-, spplicable Federal or State statute c.~r judicial or administrative decision. Siate and Netiana! Codes. Standards, and Regulations as are in effect upon thc efl'ectivc date of this Franchise or as may hereafter te cnactcd, adopted or promulg,atod. lf the Grantee fails to comply +vith its terms nnd conditions, or if thc Grantee fails tn compty wiili such changes, amcndments, modifications, attcllor amplifications, this Franchise may bc° tcrminated at any time upen ninety (90) da} s' writtrn notice to the Cirtntee to ternlinate this Franchise. _ Tt3-m!A3{e swtiie, ~ . • = - , - , o ' - :!ia+:i@'d; 3dep£e--e~f . . y ' , . . . . - • iball he-$- kipen . ~5t~t's ~c'-'.--- , : r~'e4L WideF . . 'c"'ri~ v-rcmrv scr!{i--faF-aRS'-=e . , - ,r~4C : ..i . . . _ -i . . . - ' - r . . . - - . `ectiuo 41. Porfeiture and Ite% ocatian. lf Grantec willfulty vialates or fails to compl} with any uf thc pcowisiuns of diis Pranchise, or through willful or utiressonablc tiegligencc fails to heed or comply with any notice given Grantre by the City under tlie ptvvisions of lhis Franchise, and an adequatc opportunity to cure the violatian or nan-compliance has becn given in w-riting to Grantee, thrn Grantee shall, at the electioa of the City, forfeit alt ri~,rhts conferred hereunder and this I=ranchise may be revokrkf or annulled by the Ciry after a hearing held upon reasonablc notice to Grantee. Thc City may elect, in licu -,-f ilte above and without any prcjudice to any of its othcr legal rights and remedies, to obtain an «rder from the Spokane Counry Superior Court cnmpelliag Grantee to comply witli the provisions of ihis Franchise and to recover damagts and custs incurted by the City by rr:ason of Grantee's failuro to eomply Section al. ~Vssignment. This Franchise may not ba assigned or transferred without il~e written apprnval of the City, excent that Grantce can assign this Franchise withuut approval of but upon nrtice to the City to any parent, affiliatc c,r suhsidiary of Grantce or to any rntity thai acquires aU ur ( t;iiinancz 00- 1 ii=ie \ti'<:r,cr f-r-, ;i cLi~,c V' :ce 14 (q 17 nraft substantially all the asscLs ar cquity of Grantcc, by mergar, sale, consolidatioa or Mhetwise. - - - iiei+-~~A 4 ike-C-i-ty- t!ft any finmeiRga er ref - t-;-,.. . _s aC. II - . S"tion 43. Acceotance. Not latcr than thirty days after passage and publication of this Urciinunco, die Grantee rnust accept the rranchise hercin by tiling witfi the City Clerk An unconditional written acceptance dirrcof. ['ailuce of Grantce to so aceept this Franchise w-ithin said period of time shsll be deemcd a rejection thercof by Grantcc, and the rights and privilrgcs hcrein granted shall, aftcr the espimtion of the thirty days period, absolute0y cease, unless the time pcriod is extended bv ardinaiicc du1y passeil }or that purrx)se. tiE'CIIAD 44. Survivai. All of the provisions, eanditions and rzquirements of Scxtions: 4, 5, 13, 25,26, 27, 36 and 48 of this Franchise shal) be in addition tu any and all other obligations and liabitities Ur.unteo mny have to the City at common law, by statute, by ardinance, ar by contract, and shall survive tcrmination of this Franchise, ar►d any renewals or extensions hereaf. All af the provisiQns, conditians, regulations and roqu'ucments contained in this Franchise shall further be binding upon the heirs, successars, extrutors. Administrators, legal mpresentatives and assigns of Grantee and City and all privileges, as well as all o6ligations and liabilitics of Grantee shall inurv to +ithcir respective heirs, successors and assigns equally as if they were spctifically mentiottod Secti4n 4 5eyerabilitv. If any section, scntence, clause or phisse af this (?rdinaacc shauld tx: held to bo invalid or anconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionntity shall not afFect the validity ar cvnstitutiona]ity of any other section, sentence, clause ar phrase af this Ordinance. !n the evcnt that any af the pro-s-isiQns of the Franchise arc held to be invalid by a couri of comprtent jurisdiction, the City reserves the right to rmonsidcr the grant of the franchise and may amend, rcpcal, add, mplacc or modify tinv uther provision nf the Franrhisc, or may teRninatc the Fr.inchi;e. Scctioo 46. Renewal. Applicatian for extettsion or renewal of the term of thu Ftanchise shull bc made no later thnn one ycar before exPiratian thrceof. [n the cvcnt the time pcriod granted by this Franchise expirrs without being renewed by the City, the terms and conditions hmrnf shaU cantinue in effect until diis Franchicc is eithrr renewed ar terminatcd by the City. Scttioa 47, ti~it.ice. Any nuticc or infarmalion tequired or pcnnitted to be givcn by or to the parties under this Franchise may be sent to the following addrrsses unlcss otherw•ise spcciticd, in N% riiing: rne c;cv: c;ty nfspokane valiey ncm: ciry clerk 11707 E. Sprague, Suite 106 Spotcane Valley, WA 99206 Graititre: Time Warner 7'elocom of Washington LLG Attn: V1'. & Deputy General Cnunse) 1047> Park Mcsdou s nri% c (?r.'.ln.uicc Ob- l'izric 1V.uner Franchisc Pae- 15 of 1' Draft Lictletan, CU 8012-1 Phonc: (30i) i66-1~79 F,Lt: ( ;U;1 4 66- 10 10 Scction 48. Choice of Lmv. :1ns litiutEon br<w«.n tfhe Citv anJ Grantcc ari~Pint under ur regarding this Franchise shall occur, if in the stale courts, in the Spol►ane County Superior stin, and if in the fedcral courts, in the Unital Staics District Court for the Eastern District of Washingt~-%ri. Secdoo 49. Non-Waiver. T'he City shall be vested witfi the power and ;iuthority tti reasonably regulatc the cxercise of the privileges pcrmittcd by this Franchise in the public interest. Grantce shal) nut be rtlirved of its obligations to camply with any of the provisions of this Franchise b~- reasun of any failure ofthc Ciry to enforce pmmpt compliance. nur .Ioes the Cit~~ %%,ai% ror limit any of ik rights under this Franchise by resuon of wch failuro or neglect. Sectioo 50. Entire A ment. Iliis Nranchise constitutes ttie cntire undtr~.tanJin~ aiiJ .xve agreement betwexn the paities as to the subject mattcn ccrcin and no othzr agmemerits ur understanJings. written or othetwise, shall be binding upon the parties upon exetution and aaaepiance hereaf. 71ii" Franchise shnll alsn supersede and cancrl any previuus right or claim nf Grantce to a;cupy the Count~ roads as hcrein described. 5ection 51. ECfectivc Datc. T1iis Urdinance shall be in full forre and effect 6ve days aRcr Cublicatian of the ordinancc or a surnman thcn-t'c-ccuri in the u(licial ne«,~paNr of tlic City (1f"tipokane Valley as provided by lavv. Sectioo 52. 11ost Favurcd Nation Status. lC at a►iy <<mC 5ub~,eau«nt co the e.ecution or tE,is Franchise, anv other pruvider af telccommunications services shal) enter into an agreement w-ith the C'ity governing the use of public rights-of-way wfiose material terms and conditions are more favorable to thac provider than nre the terms of this Franchise ta Grantee, tfien this Franchise shaU be modified such that the material tertns and conditions as applicable to Gnintte, are jtist as favorable as the matcrial terms i:nd condition of such other agrecment are to such other tricrommunications pravider. PASSEI) bv the CitN' Coiincil this dav of . 2006. I )ian:~ Wilhite. Ri;cNor ATTEST: ('Eiri-:Iinc (,itN ('IerG. Approveci its to Forin: Cay I'. Urlskell. Ueputy Cit,- .1ttornev Iaate of Publication: Effcctive Untc: Ordinaricc 06- Tiric \L';:rirr Fr,mchisc f'a~c 16 of I'' Draft ~ Accepted by Time Wamer Tclecom of Washington LLC, By: Time Warner Telecom Woldings lnc., !ts sole member By: The Grantce, Time Warner Telecom of Nashington LLC., a li.mited liability company, for itself, and for its suecessors and assigns, does accept all of t,he terms and conditions of the foregning franchise. IN NVITNESS NArHEREOF, has sigiied this day of_ . 2006. Subscribed and sworn before me this _ day of .2006. Nbtary Public in and for the State of VVashington, residing in My commission expires ~ , Ordinaace 06- Time Wamer Franchise Page 17 of 17 DRAF"r ADVANCE AGENllA For Pla.nnicig l7iscussion Furposes Only as of 1Vray 31, 2006 1:30 p.m. Please note lhis is awork in progress; items are tentative Tp: Council & Staff From: City vtanager Re: Draft Schedule for Upcoming Council Meetings Wednesclav, June 7, 2006,10:00 a.m. -12:00 a.m. Joint Nleetine with Board of Countv Commissioners County Courfhouse, public hearing nn- confirmcd [1"entative City topics: Mihvaukee ROW; long-term criminal justice] June 13, 2006, Regulsr Mceting. 6:00 .m. [duc datc Thurs, June 11 1. PUBI,TC NFA. .R.T.NG: Cablc Franchise - Morgfin Koudelka [30 minutes] 2. Consent Agenda: VlinuCes, Claims, Payroll (5 minutes) 3. Second Reading Proposed Ordinance Amending 2006 F3udget - Ken Thonlpson , [5 minutes] 4. First Reading, I'roposed Orclinancc Amending SVNIC Title 10, Construction Work and Activity Within Right-of-way (SVMC 1 itle 10.05.070-10.05.250)- Tom Scholtens/Cary L7riskell [15 minutes] . 5. First Reading Proposed Ordinance Time Warner Franchise - Cary I7riskell [10 minute.s] 6. Proposed ResoluCion Adopting 2007-2012 TIP - Steve NVorley [10 minutes] 7. Motion Consideration: Mayoral Appointments Student tldvisory Council -Councilmeinber DeVleming[10 min] 8. Mation Consideration: Co. SewerMOUAmenclment-Neil Kersten [15 minutes] 9. Motion Consideration: (t) Converting Broadway to Three Lanes; (2) Change Orcler - Neil K.ersten [15 min:l 10. Administi-ative Iteports: (a) Cable Franchise Update - vlorgan Koudelka [10 minutes] (b) Sion Code Update - Mike Connelly [15 minutes] l 1. Infoeination Qnly: Model Jail and Geiger Agreement- Morgan Koudelka; (b) Approved . Plan.ning Commission Minutes; (c) Response to Public Comments [estimated meekinb: 140 minuteS*1 Wed, .Iunc 14. 2006, G D.m. Conversation w/Communirv. Greenacres Christian Church, 1801$ F. Mission Ave. Sxt, June 17, 2006; 9:00 a.m. - 3:00 o.m.; M.id-Year CounciUStaff Retreat [duc date, Monday, June 121 (Cauncilcnember Denenny's Cabin) '1'erilalive agenda itents inchule: • 1. Cotazcil Goals for 2007 4. Updated Finmrcial x'orecast 2. Co:mcil Goals for 2006 (scrb-crrea plannir:g?) S. Joinl Platining 3. I3u5iness Pltrnning Template Info Only.• Workplari Updnte Annexution Approaches June 19, 2006: Joint Mceting with CTED, Board of Countv Commissioners, et a1,11:00 a.m. - 2:00 p.m. lntergovemmental Cooperal'ion Seminar: joint planning. ENW River Point Campus, Health Services Building, Room I 10 A RR B. (lunch provided) a►vaitingfill cor:frrmation June 20, 2006, NO MEETiNG. (Cowicil attends AWC Anuual Conferencs June 20-23, 2006) June 27. 2006, Re.eular Mee6ne, 6:00 n.m. [due date Thurs, June 151 1. Consent Agenda: Minutes, Claims, Payroll [S minutes] ' 2. Second Reiding, Proposed Ordinance Amending SVMC Tiele 10, Construction Work and Activity Wilhin Right-of-way (SVMC Title 10.05.070-10.05.250 - Tom ScholcenslCary Driskell [15 minutes] 3. Second Reading Proposed Ordinance Time Warner Franchise - Cary Driskell [10 minutes] 4. First Reading Proposed Qrdinance Amending Property Maintenance Code -Cary Driskell ' [10 minutes] 5. Proposcd Resolution: Amending Fee .Resolution (appeal fees, fire fees, etc) `[10 minutes] 6. vlotion Consideration: Cost of Living Adjustmcnt for rzon-represented Employees - Dave Mercier [S min] 7. Vlotion Consideration: Jail and Geiger Agreements - Nlorgan Koudelka [15 minutes] Dra[t Advance Agenda 5131f2006 125 PM F'age 1 of 2 8. Administr3tive Report: (a) 911 Board Ugdate - Lorlee Mizell [15 minutes] . (b) Fire District #1 Report -Ken Thompson [15 m.inutes] (c) Development Code Update - Mike Connelly/Mariiia Sukup [ 15 minutes] ~ (d) Comp Pla.n Amendment Process - Mike Connelly/Marina Sukup [15 minutes] 9. Information Only: (a) Department Vlonthly Reports (b) Approved 1'lanning Cornmission Minutes (c) Response to Public Comments [estimated meeting: 130 minutes*] Ju[y 4 - NO MEETT.NG Julv 11, 2006, Reaular Meetinf!, 6:00 n.m. [due dxte Thurs, June 291 1. Consent A~enda: iMinutes, Claims, l'ayroll [5 minutes] 2. Second Reading Proposed Ordinance tlmending I'roperty Maintenance Cocle - Cary 17riskell [10 minutes] 3. First Reading Proposed Ordinance for Street Vacation STV 01-06 - Karen Kendall [5 minutes] Julv 18, 2006. Studv Session, 6:00 n.m. fdue date Thurs. Julv 61 1. WSDO`C- Round-abouts -Neil Kersten/Brian Walsh of WSDOT (20 minutes) ' Julv 25. 2006, Retular Meetine, 6:00 n.m. Jclue date Thurs. Julv 131 1. Consent Agenda: Minutes, Claims,l'ayroll [5 minutes] 2. Second Reading 1'roposed prdinarice for StreeC Vacation STV 01-06 - Karen Kendall [5 minutesJ 3. Administrative Repor[.s: 4. Inforrr►ation Only: Department Monthly Reports Aueust 1, 2006 - NO WETING - NATYOYAL NIGAT OUT Auaust 8, 2006. Reeular vleeHng, 6:00 n.m. [due date Thurs July 271 1. Consent Agenda: Minutes, Claims, Payroll [5 minutes] August 15, 2006, Studv Scssion, G:QO ti.m. Jdue date Aup-ust 31 August 22, 2006, Reeular MccHng, 6:00 p.m. Jdue date Thurs. Augiist 101 1. Consent Ag ,enda:lVlinutes, Claims, Payroll [5 minutes] 3. Administrative Reports: 4. Information Only: Department vlonthly Repnrts OTIiER PENDIiNG AN])/017 UPCOMIi~'G tSSUFS/1VIEETINGS: Joint Council/Planning Commission Session for Sprague Corridor Subarea: Thursday, October 12, 2006 Joint Council/Planning Co .mmission Session for Sprague Corridor Subarea: °I uesday, January 16, 2007 Pandemic Response Strategies - I'ire DistricC # 1 Chief Mike Thompson Pristn/Plus/Padal (Parcel Data Locator) System - Chris Berg Central Valley School District Impact Fee Request I'roposed Sidewalk Ordinance Sewer Collection $ystems-Neil Kersten SEPA Mitigation Strategies - Cary DriskelUGreg McC4rmick/Neil Kersten Planned Unit Development (PUD) Policy Issues - Marina SukupMike Connelly Dale Stedman, Jerry Lenzi - to report on the North/South T'reeNvay CH2VI Hill Valley Corridor EA A.mendment-Neil Kersten . estimated meeting [ime does not include time for public conunents] Drssft Advance Agenda 5/3 I/200b 125 PM Yagc 2 of 2 c~ n c~ Spokane . ,,;OoOA*7a11ey 11 707 E Sprague Ave Suite 106 ♦ Spokane Valley WA 99206 509.921.1000 ♦ Fax: 509.921.1008 ♦ cityhall@spokanevalley.org Informational Memo Date: May 26, 2006 To: David Mercier, City Manager and Members of City Council From: Neil Kersten, Public Works Director Cc: Nina Regor, Deputy City Manager Re: 2006 Sewer Paveback Update • Back in March staff presented to Council an infonnational memo providing an update on the status of the c4sts for the sewer paveback projects. At that time two of the three County sewer projects had been bid (1/eradale Heights, Electric RR) and an estimate was provided for the third project (Vera Terrace). The Vera Terrace Project bid opening is schetluled for Wednesday, June 7. Because of only one bidder and higher than expected bid prices, the cost to the city for full-width paving and drainage improvements was higher than originally anticipated. For example the - Electric Railroad Project saw a 50% increase in bid prices for all Stormwater related facilities compared to 2005 bid prioes. . . It is anticipated that the total costs to the city for all three projects will exceed the total amounts identified in the current Memorandum of Understanding (MOU) between the city and Spokane County for reimbursement of full-width paving and drainage facility costs. The previous informational memo stated that staff would bring back to Council a proposed . amendment to the MOU once we had the final costs. The following table shows the original approved budget and revised costs based on this year's actual bids. These revised costs include additional structures added during construction and consultant design and inspection services. The project shortfall for paveback and drainage facilities is shown at the bottom. Project aPproved MOU Budget ~ Revised Costs based on Bids Paveback ~ Drainage ~ Paveback ~ Drainage Electric Raifroad I $77,000 I $52,000 I $87,369 I $76,000 Vera Terrace" I $241,000 I $41,500 I$341,264"` I $48,000" Veradale Heights I $357,000 I $37,000 I$430,256 I $45,000 Contingency I $100,000 I $19,500 I $75,000 I $31,000 . Total Costs I $775,000 I $150,000 ~$933,889 I $200,000 "Estimated Costs ~ Shortfall ~ -$158,889 ~ -$50,000 ~ Informational Memo 5/26/2006 2006 Sewer Paveback Update Page 2 The Electric Railroad and Veradale Heights Projects have been awarded. To fully fund the full- width paving and drainage facility costs for the Vera Terrace Project the MOU with Spokane County will need to be increased $159,000 for paveback costs and $50,000 for drainage related costs. For the additional paveback costs, approximately $50,000 can be funded with the CDBG funds received for the Vera Terrace Project. The remaining $109,000 in paveback costs can come from the Street Capital Project Fund (303), Other Preservation Projects line item. There is $1,033,843 currently budgeted in that line item. We have decided to ciefer all preservation projects from that line item this year until the Street Master Plan is completed in 2007. This will allow us to use the funds as determined by the new Street Master Plan. The funds in the preservation line item remaining from 2006 can be rolled over into 2007. The additional drainage related costs can come from the Stormwater Management Fund (402), which has $350,000 budgeted for Capital Outlay. There are sufficient funds in this line item to cover these sewer projects costs. We will bring to Council on June 13 an amendment MOU for approval with adjusted project costs for the Vera Terrace Project based on the actual bids received on June 6,h.. , Please let us know if you have any questions or comments. ~ - , ~ . - ~ ' I C'OUNCIL MEF.TING.~ .ILINE 6. 2006 , ATTACHED AR.E ADUI'"IONAL MATFRIAGS FOR ACENllA 1TFMS 2. 3. ~ ' rio ~ ` r Spokane County, WA F ut~u re S ewer R~a~fi - s Spokane Valley City Council Presentation June 6, 2006 ~ . FCS"GRO:UP.; .Solutlons-Oilented;&nsuldng ~ • . . , ; ~4; • ~,r.~ Agenc~a . . ~:R~ti•.~=~c1..,..~~ ~~r_~_~F~?T. . u . ._~w..::~~'J• . > Sewer Utility Rates Outlook > Rate Options for Low Income Seniors/ Disabled Customers t>FCS GROUP- ~ ~ `1 . ~ / ~i i v ~ = 4 _ ~ e er U~iliiy 4utlook , , ---o.~Q- . > In 1996, the County undertook an aggressive sewer construction program, which is expected to be completed in 2010-2011 > A number of revenue sources have been dedicated to support this rapid growth > In addition to eactending the system, other major capital needs include: • Funding Water Quality Improvements to City Plant • Addressing Dissolved Oxygen TMDL Costs ■ Expanding Treatment Capacity ■ Building Reserves for the Replacement of Collection System k> FCS GROLFP _..o...M 4 l ~ V u . d~r~g So~rces Summary I Revenue Sourco I Purpose I wsROry S1rsDo Gran.s Pro9ram Costs 20 year Orant oi $3,76 miGon par year APA Clwrgo 'locfll Alalch of qroqnm' RcautAaL.•ed in 2005 Oo provida fundng for lA'atar Qualy General FeclWes Chargo Trea:maM Expansim% Interceptors, Ghacgo cn New CuslccrcerB for Treatmwif Cohs, (GFC) en0 PLrny Sta;bn. lirietceptors, and Purrp Statiens Ce-pIIEd FadIWoS Rato Prngram PaHiaf of Treatmenl Gandnod GFC and locW trafge tor atstOmerG (CFR) E.Vonsion cnd Prograrn Cosls tn Sawminp ProWam. 0.RIA Opcratfons mC Idainteimnce of Cirronfry $Z 1.00 pcr monlh Edstlnp Fadli;ks Ra1o Stakiliza:~an Ctcarge UpgraOe of Ezlsfinfl Traaimwif Cirrenlly 58.6B per maMh Cavacitr FC.S GCtOUP ~ ' . . . . . -.r ..d Lon~g erm Financial Planning ts,sues . ' _ • . . - . • ~ crvi3?4t]p > Substantial Rate Impacts of Capital Programs > Trade-offs Among Various Rates and Charges > Evolution of Subsidy Policies as Sewer Construction Program is Completed > Expected Rate of Customer Growth FCS GROUP . • ~...~.w:..~e c...~.k 6 ~ . ~ ssn Policy ~ uest~ian's , . . ~ - V.~. . _r ➢ Timing/magnitude/composition of rate increase 9 Growth - Financial forecast is heavily dependant on growth. Higher rate increases may be needed in future if non-program growth is less than projected. • ➢ Treatment Costs - Costs for O&M and capital are estimated at this time. Significant changes to those costs could cause substantial revisions to forecast. ➢ Replacement Reserve - What level of funding should current customers pay for replacement of system? r•cs cROUp e Rate Opt~io s farLow tncome Sen,ior/Disa~bled ~ustomers , ut ority v RCW 74.38.070 is the primary Washington State Statute that provides the authority to offer reduced rates for low-income senior citizens or other low-income cifizens. D Eligibility Requirements - Levels are set by the governing body and can include restrictions on income level, age, disability, and property ownership. State and/or Federal guidelines can be used to help to define parameters, such as: • H.U.D.'s Median Famify Income ■ H.M.S.'s Poverty Guidelines • Social Security Administration (S.S.A.) • RCW 46.16.381 (1) (6-0, fnr disabled citizens . -:jFCS GROUP ~ ' • • Existi g Programs _ - • . ' . --diyi:''1.~.... i > Kitsap County - Offers a 15% discount to sewer rates - Must first qualify for property tax exemption (owner occupied) • 61 years or older; Income level below $35,000 . > City of West Richland - Offers a 30% sewer rate discount • 61 years or older, Combined Disposable Income level below $30,000 > Spokane County Assessor - Administers Property Tax Exemptions . • 62 years or older, Combined Disposable Income level less than $35,000 > Communiry Aquifer Protection Assistance Program (CAPA) - Offers sewer connection assistance (CFR) • 65 years or older, Offered to Iow and moderate income customers based an a percentage of inedian family income •;>FCS GROUP . w~.. . .e a-~sv 10 O ~'ot cy ~o ~siderations • _ `,T.t'7s¢~YJtlV r Customer Base - Will the rates apply to Low-income Seniors or include low-income disabled customers as well? > Eligibility Parameters - What should the requirements be for...? • Income, Age, Property Ownership, and Disability > Level of discount - 20%, 30%, 40%, other? ➢ Using the Tax Assessor's database of eligible customers for property tax exemption • Can this be easily transfeRed to Ihe current billing system? F.CS GROUP 11 • -r-• Rate t~ pti o n~s Current Monthly Rates: • For sewer seMce (O&M) - $21,00 . • Far Wastewater TreaUrtent Plant - S8.68 • Total Comb9ned Rate = E27.68 * Discount Rates of: For Discounted ERUs NW20}%~l1lllllll11lI' M3D96j=' j~40•°~is~ Sewrr Serv6ui $16.99 $14.95 1 $12.89 Wastewater Treatrnent Plant $5.41 $4.76 S4,10 Comblnod Rate 522.40 $19.71 $16.99 Changatmrn Curtcnt Rabo (5.28) (7,97) (10.69) Foc All Other ERUs X~ MQI SAwer SErvice $2124 $21.36 $21.49 I Wastowatsr Treatmenl Plant $6.76 $6.80 $6.83 Combined Rate $28A0 $26.16 $28.32 Cnsnye trom CwreM Re:a 0.32 0.48 0.64 FCS CROUP. ~w . . c..~s.. 12 I~ ~ - - - : •r~> Rev~enue mpact~s > Estimated ERU Breakdown: Ap Other ERUs 39,426 Discounted ERUS + 2.360 Totat ERUs 41,786 > Total Monthly Revenues Generated: • Total Revenue fs maintained fram curcent rate scenario. WttwrerV.! M209`0MIll M30%07~■ IW4OYr6Mli from Ofscaun4ee:f ERUs S 65,325 $ 52s857 $ 46,515 I$ 40,101 from Adl Other ERUs S 1,091`312 $ 1,963.780 $ 1.110,121 $ 1,116,536 Total Revenuo $ 1,155,636 $ 1,156,636 I $1.156.636 I $ 1,156,636 -e:*PCS.GROUP is Q ~'oli y Qeci~sio s Needed > % Reduction for Low-Income Seniors . > Subsidize Disabled too? v Utilizing the Assessor's Property Tax Exemption database for identifying eligible customers, for which the eligibility parameters are already defined. , n Implementation Strategy FGS GAOUP ' ,..ic..o+..s.o..~a 14 O ` j , ` '4~~:~: _e~.g4: •ut5~a. / Y • i` Ne + Steps ➢ Update financial analysis once revised capital needs are available - Late 2006 > Project rate increases and generate scenarios - Eady 2007 v Develop implementation strategy - Earty 2007 ➢ Gonsider changes in rate structure (including low income senior/disabled class) ' ' f> FC$ GROi1P ' we.:oL.re~o.ay 15 \ . ~ . ~ AGENDA ITEM #3 ID1,N« $UCHERr WILLIS & RATL1FF lDIMP1L. CORPORATIO N MEMORANDUM TO: Ed Hayes (SRTC) FROM: Mi1ce Pawlalc SIJBJECT: Pxoject5tatrxsUpdate [}ATE. june 2, 2006 Projecf # 200-M4.0l 1 The purpose of this me.tnoeandum is to provide SRTC st-aff arid member jurisdictions wi#h a brief statrxs report of praject pragress. Flease do not hesitake ta share this update with the various merattrers o# your organization artd their staff and elected offici.als. PrQXect Kic1c-aff Meetings. The utiitial efforts consisted of tiwo meetings with representatives of = the Spakane Regional Transportation Council (SRTC), on 1VlarclY 2l?O6. A meeting between tltc Consultant Team menn;Iaexs and staff inernbers frvrrr SRTC mexxtbex jurisc8uctuibs was held in the morning. The purgose of that rneetirtg was #o conduct a detailed review of the project scope and schedule; atd identify, discuss and cotxfirrn the ~oals and expectatians vf both the SRTC representatives and the Consultant Teagn In the afternoon, on that same day, the Cotxsultant 'Feam made a brief gresentatiort of the scope and schedule to the SRTC Board. Again ashort disc-wsion of Soard Members' expeckations was helci, Data Collection, Analysis and Reports. Af#er receiving irukial input and eoYtfirniation of gaaLs and expectations from both the Board and sfafF 1evels of the SRTC, the Consul#.ant Team praceeded with data col7ec#ion artd initiakion of the various analyses. SRTC stafff assisted by pxouadittg existing stuciies, report,s and other data that wouZd be needed for cortduckistg th,e study. Aliterature rev-iew was accamplished in whieeh CorL5ultant Team mentbers aeviewed data grovidecl by SRTC as we11 as other studies and documentation relatzve to regional concurr+ency programs and policiies frorn other areas, both inside and outside of WA State, Lnfoa-mation revzewed ineluded studies aecomplished fvr cities in tkte CerttraX Puget Sound Region and in areas withirt the State of Florida. Technical Mernorandum #2 was tIien prepared, outIirtirtg the mateiials reviewed and reiposting the4 various finding,; in tlxose Fi~ports. Tech 1vlezno #2 vvas subrritted to SRTC on hrlay 4th , for review and wrikte-n cornnnents, An additi-onal review of historica1 informadon was accornpl.ished during the mottth af May on Transportation Per#orn-Lance Measures considered and in use in other parts af khe coclrrtry. In parkicular, this review considered measures tttat have been coasidererl in the Puget Sound Region stuclies a.ttd rn(?asures that are already in use in FIorida. A discussion of Florida rneasures tftat may be perrnatted ttrrder the WA State Growffi T'viannagement Act was also inclrided. Tech iviemv #3 was subm.itted tv SRTC on Jun~ 2,,~, for zeview and written cvrnmen#s, A review of WA, State Iegislation and case Iaw regarding growth management and concurrency was conducted. The review aLso included legislation imacted in other states and case law from a 720 OLnVE'WAv, SuiTE 1200 r SEATrLE, V'WASHiNGraN 9$101-1 867 0 2061448-2123 9 FAJC: 2061441-1622 ■ BWR - MEMORANDUM (CONTINUED) June 2, 2006 - Page 2 those states. A Technical Memorandum #4 was prepazed outlining the document review and analysis. The Tech Memo discusses the various situaHons surrounding concurrency requirements and pitfalls whereby jurisdictions might be found as preventing property owners from the freedom of using their own private property. The Tech memo outlines certain case law that has upheld jurisdictional actions and others that have found that public policy has over-reached its bounds. Tech Memo #4 was submitted to SRTC on June 15t for review and written comments. All three technical memorandums will be reviewed and disrussed at the upcoming Stakeholders' Workshop. Stakeholders' Workshop. On June 14th, the Consultant Team and SRTC Staff will be holding a Stakeholder~s Workshop. The purpose of the workshop is to review the work that has been accomplished so far, and to seek input hom SRTC members and other stakeholders on expectations and concerns. The discussion will identify the advantages and disadvantages of regional concurrency and seek input/ reaction from jurisdictions, developers, contractors and other members of the communities. The continuing analyses that will result in strategic recommendations for the SRTC will consider the input received at the June 14th Workshop. Closing. The information presented in this memarandum/progress report is a brief ovcrview of the efforts accomplished thus far on the regional roncurrency study. LDRTAT(Ot{4COh1{URR(NCY SKS1ElA- ffi,SPOKkNE: A FEASIBII:IT~ STUDY. h STUDY UPDATE ~ore~ ro I_ Hrmrad bY In dssorfedfon wtth m sucHER, wIuIS & AnniFF CORPOR/1T10N June 5, 2006 PURPOSE OF STUDY ❖To develop an evaluation of the advantages and disadvantages to aommunity stakeholders from implementation of a regional transportation concurrency system in Spokane County. 1 STUDY TASKS Fas" Task 5 72sir5 rrofed trpal wzu,unent rrew ana Coro MmlrJstrNlan . , . ArylYmy I - Task'S T~sk A- - Tssk 10 :Agericy/ sc.k.naa.r I Inrolvamant ►eYtlo~ ~n0 focfo- R~ (Wortshep) KonomicA , . ~ t i Task 3 ~ ~aak' - Concumeney ConaeraneY Uteratura aivieW R~vl~ ~ropsr I Tsd~Nd Mpmcts Task 4 - , 72y" rranspo`sndon;;;,- w~nury~npNaten~~ SwMm Portorrnsnq T i rtatlon Meaturet /or Fadlltles Concucrency i PROJECT TIMELINE & DELIVERABLES TA9C DESCRI9TION MONTMS AFfFR NOTI(E TO PItOCM DtbeRM'iYitistratlm fefk 2 Ayecyl5taladKilcle Imdvenent a) CmdWdm wO SttTC D) TeitnYCal AdvYurY CairrWfee MctlM~pt • c) Warkficy wft tocai Amodp10iK QI Fdlow uo 1nDOrvW4 vrlh 5talcehoWers I T~rLM7l~Ms7nrs~alim I l raac a conana++cr uowaara toeaew I I I 0 T ~4 MeBgjm T p I i I I r,di sLeor, _ t I I Ta9c 6 Pdlual Q Saoo-EmnmMC AssesndK I I r ~ T&* ' `°T'a"a" R""M' P'°°lm I I I ( I a Tru ~ e ~ I I I Tu► t0 Repou a) DraR Ryart 1or SFtC aeview :J b) Finai Repat far 4iTC Revkw LJ c) Pres[nlatlm a FYdm m TfC, SRT'C awLt ard Othw nartles 2 J STUDY PROGRESS ❖ Completed the literature review on various concurrency implementation strategies (Task 3) ❖ Completed the review of transportation system performance measures for concurrency applications (Task 4) ❖ Completed the legal assessrnent (Task 5) ❖ Draft technical memoranda for Tasks 3 to 5 were submitted to SRTC for review ❖ A workshop is scheduled for 7une 14"h to discuss with stakeholders the findings of Tasks 3 to 5 and to gather input for the remaining study tasks IMPLICATIONS OF A REGIONAL CONCURRENCY SYSTEM TO JURISDICTIONS IN THE SPOKANE COUNTY ❖ Advantages >Better addre.sses the issue of pass-through traffic between jurisdittions rAllows for coordinated efforts in corridor improvements ➢Better coordination of land use and transportation decisions ➢Can allow for more leverage in securing project funding UD. 3 IMPLICATIONS OF A REGIONAL CONCURRENCY SYSTEM TO JURISDICTIONS IN THE SPOKANE COUNTY Disadvantages ➢Reduced control in establishing regional priorities >Reduced control in certain land use decisions >Requires increased interjurisdictional coordination 4 Agenda Item 84 ai-gelow c Forker Road Urban Connector Spokane County Engineers 1026 W Broadway Spokane, WA 99260 509-477-3600 ~S j . ..ya,. . . z~'h-i,~~ - ! ,~:~x ~-,..a ■ t ~ 'rS~,~ ~ ~ ~ •~f~a'i~','r : . . . 1 ~'a, .~f ' '~a J. . ~ " ~ • . ; ~ • ~ ....mi . 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' ~ 6. , - ' ; • i - . . ~ ~ ' , . .~.•h .'+~,,,.c~ ` ~y.T ~ ~Y . , ; ~ ia~--_=~ ~ V ~ • ~ ~ i R 1~' . . . : , r . J"k,r ~ a v ~ P, ~ ~.+-.S°"' +x~•- -r ~ ~ , ~ . 4 a~ ( {~~'9~t'v 3 . ~~"~~T i`.+~'i " ° ` j, ~~;r.t. - «z•' y~ /,3 ~ f~y!'i' ~ .r ~ h~ r~,~t y} ^ . _ ~ s@~ . - ~ 5'~`L'fl `~ya~s ~a ~ ~ :•C•~ I 74m ` i •~'y".~A~~l.•V4,~;,~ ~ .v, . , I ~Y ~ ,r ~ • ~ r ~i.'~A' *t ~~Yo~ ~ `*`~"~'~.a ~y ~7 . r 3 y` ~ ~ '~i, PR : FyYp ~ " . . ~ . ! ~1 . -t . . ~ :1~. ~ ! • ' . ` L'►•, ^W' i iA , • ~ = S ~~'r, ~ I ~ , t ;y ~ ~ ~ ~ . ' a1'• 4."~, . • E Estimated Project Construction Schedule ■ Project# 1 Construction 2007 ■ Project #2 Construction 2007 ■ Project #3 Construction 2007 ■ Project #4 Construction 2009 ■ Project #5 Construction 2008 ■ Project #6 Construction 2008 BI+~~LOW GULCH American Disabiliti~s Act FORKER ROAD CORRIDOR (ADA) Information ENVI~~NMENTAL ASSESSll~~~~ Why do we need this projeW rF-&cUPW=.:I l. TC3fIic SatQtgr(:aA) 2. Trafric Volumc Exccods Cxisting Capwity 3. Tr'8iispxl=ion oiid Tidghi CCfmmioa t? -2.s a ;.,.n Whc'!l 1s the p1.Lrp{~~ of t}11s pTQjecr, Pcmmawith d~se~il~Eisu mny rrquest iMt rfris infonnaaion hc peepwrd ~ ainrJ suppliad in a11eTn;pte foflns Uy selling Cluc S4'S1301' ADA : AcmoomoditiDn EPOLliN solled 2~fi-31tv-2x39. ]'cMnsWsLh,•islnn ar 1. 1Ck7pi(?YC ROad1Yay S$i{C[y hearang irnpatrnmlhs muy aCocss ihc WA Swe Telcoan7rnuicaiim9 lmprove TratYSportaliom $ystem L..inicttge : ~~lay serviw a, -r-r i -&)0-n343x9. 76>-Elm,ltc I•~43~4-185, oT : 3~. Acc+~m~nncl~t~Fr~i~h~'1°~!Y'ic Voic4aa~~tff~r~c~~36a7os-x~r. ; 4. lnvr+casc ~apacity 7l5c fUll F:[lvino6me+~i +~,s3~~1Ff~."t1~ duCUlmeo~ 9S iY~~~~ ~+pF l~'Vitrih' ~r "4k'ashio%ioci Sca4e Che7rnmcm9 af Tmupareaiun qWS010T11uaeEry gi,+r.s pu6lie ecwicc d,ai;L i4 ihc poL,ey crf dtc r,lccparsmenl9o asawr Cull enmp[ianec wnts Tu1c vl QF16c C34-i1 Eti&s Ace af thvA,rgoanc Publie Librmy 1 $G4, 1},c Cl4'IL RiO[F MkCRiOfM]CUY ACI 4C I gIr. L•IfttuUvc Or&d 12M Yrd 1}YC ]'~lako l76drLCY ~ md rep1ajira,, :n a!i pragEaan¢ and asfiWiks, tiLle YI rmp4= Oar no paran in wr lhwoi S1131es atA,rieawn Lha1i. ne, tlx pmnde afrosr, calarerm r2ainml wigm mr bwinrame.Frt 'fhe D[DW'Ii~owll PubltC LIbIaZ)+ GS914*d hIA701bC M61YCYp5LIOkS iNol.c 01miCd Ibe 6cme~alJ o[. arUcoihrnaiwcsUitjWW 19 eli"minorion undar any pm,yrxrn,resecMky foru-hich W4D0?rcctit-" fAeral axsium=• w3d ix availnblq odl'1w a1; www.sgokanecaunkytt]~rg/6n~~~~rlb~ef~wgukitiforkerowwoe±Ctcfi.asp Caniflucilrs ~~ti hO tWrJC vnlioc oe in wri4ug tbrcwigb tv1are1i 13tb, 2006. ..r.-rj~' •3 N. r •~'t^t ~i~ :r.. ~ ~ M1~~ Traffic Q ~ A . June 6th, 2006 ~ 1<',A,~JAI 'T-_/.'~} ~ 4..~~~ . '`s J~ i ,xy I nga Note John Hohman Neil Kersten r ,wx.`4. . 'r 'r" ~ ~ A ~ I-~ y~ ~yy . t ~ ~:•i, ',l~'~ ~ : i .s . . ~ ! K, :1K' _ ~i ~ ~►'2 -5 ~3l~t r ~ .lFh~ F~ k^. . Traffic Laws and Standards • RCW and WAC Model -*o=n Traffic Ordinance ~ • 2003 M UTC D w/ VIIA BEI~ ~ revisions I~~ ~ AAS ~ . HTO A Policy on V%w~a Geometric Design 'M1;~ ►ra+~+a.r. s~a sa.ce~ • WSDOT Standard Plans - 1 1 - -;r:_ , 4 (1` ~ irT Ia 3._ Authorities of the Traffic Engineer Per WAC 308-330-265 g'S~ . ! - ,,.3 Place & maintain Traffic Control Devices (stop signs, yield signs, ~ signals, etc.) - • Designate crosswalks for pedestrians. • Mark lanes of travel. • Regulate timing of traffic signals. . 3.. Authorities of the Traffic Engineer • . ~~r='' Per WAC 308-330-265 • Impose size and weight restrictions. Y • lssue special use permits for roadway. • Establish bus stops. : . Establish small no-parking zones. • Review collision reports. a..:, • Test new traffic control devices. 2 L~ t . r ; }t 71:.~? r tr Authorities of the Governing Body WAC 308-330-270 5 • After an engineering and traffic investigation by the ^r R~:~ traffic engineer, the local authority may by resolution: Reduce or increase speed limits I SPEED` Establish, regulate and limit parking `IMIr 30 Establish and regulate parking meter zones - Temporarily close roadways to any or all traffic NO ' - Designate one-way roadways ~,AHNG - Designate arterials T.'_. , one •,f.. . •:9r t je:''.~' t . t:''. ~ Speed Limit Process i Request for review of speed limit from staff or citizens. z. Public Works conducts Engineering and Traffic - Investigation: Field review Speed study Make recommendation p n rx , - C•' t,"i s. Resolution to Council for approval. 6 3 MUTCD guidance on Speed Limits ."When a speed limit is to be posted, it should be within 5 mph of the 851n_%tile speed of free-flowing traffic". • Other factors to consider: - Road characteristics - Pace speed - Roadside development - Parking and pedestrian activity - Reported crash experience for 12-month period 7 Speed Limits - 85%tile ."The targe majority of drivers are reasonable and prudent, do not want to have a crash, and desire to reach their destination in the shortest time possible." Nwq M NwM T~w~w 14~ , _ . . . . . . . . . . . . . . . _ . I Nfp_M _ n+.ww a &r.y+. - ~ I ~ w I ~S j I 4 ~ . t~,~j,"TiC~,~~~1 7 11~ .r, rt t . ; s. - Speed Limits - Current Efforts • Arterials with no posted limit - Indiana East of Sullivan 4~~~'~~•' • Discrepancies between County code and posted - speeds - Appleway Avenue - Mirabeau Parkway • Citizen & Staff requests for review - Sullivan from Spokane River to Trent - Park Road north of Trent ~ , M4''~ 1 1 I, `r.~• i . . MUTCD Traffic Signal Warrants 1) S-hourvolume „&...C-f.M-W:f. , W.M.01fth- M., ♦ 2) 4-hour volume 3) Peak hour volume a) Pedestrian volume S) School crossing ~ p , ,'Y'~.'t1 ~ ns _ s) Coordinated signal - ~ - ~ ` s • w + w s .r w rw System waR srrIWr-Tmra oF emH rrrr+oAcNa- V94ClLS VER NOUF {VPQ r ~ Crash experienoe ~ ~ s) Roadway network .;y.. ; . Y.. f - 5 .-.x,~~r L. ~lS~ -s i 2'f r•JN I ~ ~ Cl .•"rY) f :~K ~ ✓t y: . . ~ •'3 MUTCD Traffic Signal Warrants ~:•sy~ • Most agencies require that 2-3 warrants be met before installing a signal. - Not related to Concurrency at this time. ~ ~k~±1? *1, r• ~~s.~~'r' .a..•~ 'Y' µ{`s•:'.-r . y~r Traffic Signal Coordination Process }f F~ ,!.,i•*..~ ~.N ^q Process for coordinating Signals 1. (s ooordination feasible? .SP8CIf19 r..:. . - - Cycle requirements ~ ~ - Equlpment 2. AM, mid-day, PM, weekend? a. Collect traffic counts 4. Build traffic model and optimize timing s. Implement new timing in field ~ rw s. Monitor and adjust in field ~ 0 6 4 , - ~!+`a - ; '•'k'2.y:~3 ~ .y_'' ~•(N_t'• . . t.-• . .a. +~t.~,• . Traffic Signal Coordination • Corridors with coordinated signals - Valley couplet (Fancher to Bowdish) • Plans for future coordination - ~ • =~-s-` - Argonne (Mission to Trent) Sullivan - Sprague (Progress & Adams) - Valley couplet (evening) - Requests? Traffic Signal Coordination ; ~ New controllers - Compatible with WSDOT signals. Able to communicate with TMC. Connec6on from desktop worlcstation via ~ fiber or radio. - Installing on Argonne corridor, Additional units needed for coordination of other comdors: • SulNvan • Evergreen 14 ~ 7 ~ ~jti.. .,1..r'--1]~.~._7' • f • e School Zones RCW 46.61.440 'It shall be unlawful for the operator of any vehicle to SC- 00L mmoulow operate the same at a speed in excess of 20 MPH ' SPEED ....when fully posted with standard school speed LIMIT limit signs 2 V Options for School Zone 20 Signage • - z~~ "When Children Are PresenY OR Ouring specific hours ~ ~ =a'•: i: e Flashing beaoon with "When Flashing' oR : %Y M+ r<: NON-f'RI ~ School Zones y .7 z 'WAC 468-95-370 ~ #'J Deflnition of "When Children are PresenY" ` - School children are oocupying or walking ~ ~ wHEN within the marked cxosswalk. CNILQREN School chifdren are waiting at the curb or on `ARE pRESEtiT •s: • the shoulder of tfie roadway and are about to - cross the roedway by way of the marked - crosswalk. '•~"%Y - School children are present or walking along the roadway, either on the adjacent sidewalk or, in the abssnce of sidewalks, on the shoulder within the posted school speed limit zone extending 300 feet, or other distance established by regulativn in either direction from the marked crosswalk. 16 8 School Zones - Other Agencies Washington Lakewood (non-arterials 7am - 5 pm) - Puyallup (7am - 4 pm) ~ - Spokane {high schools 7:30am - 3:30pm Spokane County (Mead High 7:30-9:00 and 2:00-3:30) V Oregon Statewide (School days 7am - 5pm) SPEED - - Or °When Flashing' uMn 20 F"r-~ ruwr~ . tpt School Zones Central Valley Request ~.,',n r, Speed 20 from 7:00 - 5:00 School days only - Frontage vs. off-campus cros5walks Consistency (afl zones, other districts) r~. . - SR-27 - Elementary vs. Middle and High School x14 - MUTCD (fulfill a need, command attention, simple and clear, command respect, adequate response time) 9 I ~ I ~ Questions? ~ 19 10 .~';7~i~+. 'si '3 ~~~`'4K'K~ ~~'c~2~ ~ Y~✓.„ ~~t.~,.It'Mt '•Z 1 ~ /~-Myti ri~ . . N_q - i~ / . L"; _ 'K' i^'.'•Y. ~=;;~?>.•r ~Broadway Avenue Conversion to 3-Lanes continued... June 6th, 2006 F ^ r ~5 r 1.^ y ' Inga Note Steve Worley Neil Kersten . ¢ -.,,y~ 4. ..w '(~✓ti- ~ , : ~ti~~ t ry~~6; S ;2ti• ~ w .S ' r r - - - - Outstanding Questions ar• Intersections that would benefit from trafFc lights, modified phasing to correct through- left collision pattern. • Impact on concurrency. • Impact on emergency vehicles and schools. o Historical volumes on Mission. • Lake Washington Blvd. 3-lane to 4-lane transitions at intersections 1 r New Traffic Signals • Purpose: To correct through-left collisions at unsignalized intersections • Broadway/Progress - Warrants not met Broadway/Adams - Warrants not met • Cost: per signal - $250,000 - $300,000 3 - Split Phasing for Broadway/McDonald Purpose: To correct through-left collisions at intersections • Cost: $20, 000 - $30, 000 • LOS: declines from B to C 4 2 •1~- C''S*-3^..........._.__.-'_'~..,..»..~ Impact on Concurrency - Signals f4'', • 3-lane and use of permissive or protected/permissive lefts improves LOS. - BroadwaylMcDonald: B --+A - BroadwaylEvergreen: C B • Intersections can take more traffic before improvements are needed. ; T w ~ ` >3 - - _ ' Impact on Concurrency - - ~ Stop Controlled ; No change from 4-lane to 3-lane. - Broadway/Adams: C C - Broadway/Progress: C C . 3-lane will meet signal volume warrants sooner if L4S declines. 3 ~ on Emergency Vehicles ~ w~wr swuai ~41E YIILIEY FlRE DEPAR4IF/1T A~w *0 Krorn P.+~ n_a 1t707 E 8ptapm A~nrNr Suir 1:4 BOdar Vrd. WA Yi20E M~I KMYirr iM $[4Ai» vylA m Ihe V~y nM ninitw U Nras a~ Era#ray N0a lar b lvr. Flon M &TwOxrc! MW~ l.._ w riN W ma. Ornqn TAdc ew UArcM1Y oM qMI n M:n" taft MO W iurrow tsws tas I~ APMY h mMy b h~fY aa IM/ a~ YYnO p~lp~ v!~ o~r Wldu. VM Nfl hr MOM I-MR ~ M~~1t k► tN~n to mw~ b pe ~t b YC m0 x~ Mait Pa a[ow b nu.c In - • M csMw Wr b pm Y I Wtmw rorwy hw~ M w 4w f w m Or W/wFw anWn" m IMe ~+pw1aE bsue. 7 ML . . ~ t Impact on Central Valley School District . wr a~. ~ooe w.r K...n.~, i ~ Q e°~ac••a ~sn. ~ oe aow..o., vr.r. ww w¢cw n..~.w r.~. r r.. v~. m. om..nr w I~ww ~1~Iwn RNO'r fYr. w• s~ er.. o~ a. • ~Ir1n~r ^ ~ w- vwrMr .houu e. _ ne... v.. •.f.w b.. r... ,n .ra r~e Irr~ ro.-WA OY . Ywn NM. f Ow9w . . M/I- ww 11w~ N! M+~ ~*.7r~~1 f' 6efnd r~l Oumrtw DaMM. YM~ w.. . ~iww~ ~ . Mr~ ~ . b IIM ~yNIM~ r M yw/ M~wp~. ~MW unY~t ~ M . . . . . . . . Ilvw M K~~~1 fM~ `ouY Y'W1~1 H f~M ~r M w. W Y~vu~ ~ 4 L~,L p y Missian Ave. Volumes ~;Y... ADT on Missloo Ave. ~ +'n.~t~]) >`t y: u v. ~y rt ti,. v- 01925 120OC r t.~' J . ;t„~~••r~?, . ~ . ■ 14% a y~: r. -~~y~t z. ❑ t997 ~ 1000i t ~ 4' b ~ t S.i•1■2001 a:002 ->i. • 2Cpl 1000 ~t 2000 02004. p;.. O . . .s ` L:+s; jr cuC or -.v.ei of Nu1w lXrwmty Pnq Mc[brold Cxvyven BWirn :J • Y! Local 3-Lane Examples Lood S-Lu» E:arrpln 30.000 zs,a-r~ ~ _ 20.0[ci F ~ 1S oco 7~ vS-.Y,, :..a•} ~V~r ' - to.ox ~ RY o - 3~M ~ra~] Z:f,~~ +itR1n i:«riirj Hahtr Gr,a1..o~ (Vyl") (SPlAW16) iSPokz* ISPakrwl Homea (W+aol) t?r. ~ cca.,H1 ~~:::i ~J Kirkland - Lake Washington Blvd. I I • ADTs 2002 - 24,188 2001 - 24,783 2000 - 24,930 1999 - 24,965 • No phone calls regarding difficulty exiting driveways. 11 R' e- , ~ •s~; . ~ I i ~ ~ . ~ i• ~ •r 6 . ~ ~ : . r " . t, ~ : 1 ~.ri;' ~ ~ i r+ ~ l 'Fe~ . 1 , `~tu~~{ i ~h, : ~ :F~..~ ..~:i , ~r~,,{ * ` lM~~I~' ~ ~ i.,~ ~ , - ~..^'Fr I. • ~ , ' ~ t t ,,y.~' ~y. ~ i h ~ ~ ~ ` ~ ~ ~ ~i''~ ~a ~ ~ , ' , ~ ~ V: \ y ~ ~ ~ 1 ~ ~ ~ ~ ~ ~ ti. Y a~ 32"d & PIneS 3 Lane to 4 Lanes . ~Y Typical at 32nd 8 University, 16th $ University, 161" & Pines, Evergreen & Sprague, Mission 8 Mullan, Mission 8 Pines 15 !roadway Avenue Conversion to 3-Lanes Questions? 16 : 8 ~ i ► ~ .M• r ry "It 46 ~ r. i ■ ~ - > ~ , 10 ~ ~e 11~ y CITY OF SPOKANE VALLEY AGENDA SPECIAL JOINT MEETING Spokane County Commission/Spokane Valley City Council Wednesday, June 7, 2006 10:00 a. m. -12 :00 p. m. Spokane County Courthouse Hearing Room TENTATIVE DISCUSSION AGENDA ITEMS INCLUDE (but are not limited to): 9 Milwaukee Right-of-Way ➢ Long-Term Criminal Justice NOTICE: Individuals planning to attend the meeting who requfre speaal assistance to acoommodate physicaf, hearing, or other impairments, please oontad ifie City Clerk at (509) 921-1000 as soon as possible so that arrangements may be made. June 7, 2006 Jo(nt Meeting, Counal & Board of County Commissfoners