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2004, 03-23 Regular MeetingTuesday, March 23, 2004 ,1,MIEADI I AGENDA SPOKANE VALLEY CITY COUNCIL REGULAR MEETING CITY HALL AT REDWOOD PLAZA 11707 East Sprague Avenue, First Floor 2. CONSENT AGENDA Consists of items considered routine which are approved as a group. A Councilmember may remove an item from the Consent Agenda to be considered separately a. Approval of Regular Council Meeting Minutes of March 2, 2004 b. Approval of Council Study Session Minutes of March 16, 2004 c. Approval of Claims in the amount of $205,223.16 d_ Approval of February 29 payroll of 5136.474.31 and March 15, payroll of S101.143.68 Council Agenda 03.23.04 Regular Meeting Page I of 2 6:00 P.M. Council Requests All Electronic Devices be Turned Off During Council Meeting CALL TO ORDER PLEDGE OF ALLEGIANCE INVOCATION: Pastor Ken Hein of Starr Road Baptist Church ROLL CALL APPROVAI.OF AGENDA INTRODUCTION OF SPECIAL GUESTS AND PRESENTATIONS COMMITTEE. BOARD, LIAISON SUMMARY REPORTS MAYOR'S REPORT: PUBLIC COMMENTS For members ofthc Public to speak to the Council regarding matters NOT on the Agenda. Pkasc state your name and address for the record and limit remarks to three minutes. 1. WASTEWATER ISSUE -S - Neil Kersten PUBLIC COMMENTS NEW BUSINESS 3. Second Reading Proposed Towing Ordinance 04 -001 - Cary Oriskcll [public comment] 4. Second Reading Proposed Sign Amendment Code Ordinance 04-008 - Scott Kuhta [public comment' 5. Second Reading Uniform Development Gale Ordinance 04 -013 - Marina Sukup [public comment] 6. First Reading Proposed Ordinance 04-014 Amending Ordinance 40 and 41 - Tom Scholtens (public comment( 7. Proposed Resolution 04 Designating Bidder for Construction of CenterPlace - Neil kersten [public comment) 8_ Proposed Resolution 04-006 Designating Official Newspaper - Chris Bainbridge [public comment] 9. Motion Consideration: Senior Center Bus - Mike Jackson (public comment] PUBLIC COMMENTS (Maximum of three minutes please; state your name and address for the record) ADMINISTRATIVE REPORTS: no public comment] 10. Spokane IIousing Authority Report - Executive Dire for Dianne Quast and Chair William Zcck 11. Spokane Regional Convention & Visitor's Bureau Report - John Brewer, President 12. Report on Planning Studies and Budget -Greg McCormick/Scott Kuhta 13. Employee Classification System - Dave Mercier 14. Towing Contract Form - Cary Driskell 15. Formation of Student Advise Council - Mayor DeVlcming INFORMATION ONLY: Ino public commentl 16. Minutes of Planning Commission of February 26, 2004 17. Notes of March 15. 2004 Joint Council/Planning Commission Meeting 18. February 2004 Spokane County Library District Report 19. Departmental Monthly Reports &DJOUR.NMF.NT FUTURE SCHEDULE Regular Council Meetings are generally held 2nd and 4i Tuesdays, beginning at 6:00 p.m. Council Study Sessions are generally held In, 3 and 5th Tuesdays, beginning at 6:00 p.m. Other UDcominr Meetlnrs/Events: March 27, 2004 - Mayor's Ball. Afirabecni Hotel April 13. 2004 -City Council PUBLIC 'TEARING: Proposed 2004 Budget Amendment April 14. 2004 - Conversation with the Community. 3:00 p.m. Senior Center April 27. 2004 -- City Council PUBLIC HEARING: Adoption of Municipal Cvde May 4, 2004 -City Council Study Session. 6:00 p.m. - Open Public Comments re Couplet June 15 - 18. 2004, AWC Conference Ocean Shores June 15, 2004 - No Council Meeting or Study Session June 26, 2004 - Half Day Council Retreat July 14, 2004 - Conversation with the Community, 6:00 p.m., Afirabeau Point Park NOTICE. Individuals planning to attend the meeting who require special assistance W accommadale physical. hearing, or other impaumenu, please contact the City Clerk at ( 509) 921 -1000 as Mee AS possible an that arrangements may be made. Council Agenda 03.23 -04 Regular Meeting Page 2uf2 CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: March 23, 2004 City Manager Sign -off: Item: Check all that apply: ❑ consent ❑ old business ❑ new business X public hearing ❑ information ❑ admin. report ❑ pending legislation AGENDA ITEM TITLE: Wastewater Issues — Public Comments GOVERNING LEGISLATION: PREVIOUS COUNCIL ACTION TAKEN: BACKGROUND: This is an open public comment item for the public to give comments regarding wastewater issues in Spokane Valley. Attached is a list of public meetings that have been conducted on wastewater issues by the City of Spokane Valley and by Spokane County. OPTIONS: RECOMMENDED ACTION OR MOTION: None BUDGET /FINANCIAL IMPACTS: STAFF CONTACT: Neil Kersten ATTACHMENT: City of Spokane Valley Public Meetings on Wastewater Issues April 15, 2003 - City of Spokane Valley- Study Session • Sewer extensions & operation agreement April 29, 2003 - City of Spokane Valley - Study Session • Regional Wastewater Treatment System May 20, 2003 - City of Spokane Valley - Study Session Sewer extensions & operation June 17, 2003 - City of Spokane Valley - Study Session • Sewer Extensions and Operations (STEP) with Spokane County July 1, 2003 - City of Spokane Valley - Study Session • Cost Comparison Wastewater Treatment, and Sewer Extension and Operation (STEP) Agreement with Spokane County July 10, 2003 - Special Joint Meeting - Spokane County Board of Commissioners and Spokane Valley City Council • Sewer fund reserves • Financial modeling for wastewater improvements • Subsidies for sewer rates and charges • Options for adjusting future rates and charges August 13, 2003 - Regional Meeting with City of Spokane, Spokane County, City of Spokane Valley and Department of Ecology • Regional Issues Discussion August 19, 2003 - City of Spokane Valley - Study Session • Wastewater Issues Discussion September 2, 2003 - City of Spokane Valley - Study Session • Wastewater Issues Discussion September 16, 2003 - City of Spokane Valley - Study Session • Wastewater Issues Discussion October 7, 2003 - City of Spokane Valley - Study Session • Proposed Resolution for Participation in Commission on Regional Wastewater Treatment Issues October 21, 2003 - City of Spokane Valley - Study Session • Wastewater Issues Discussion October 28, 2003 - City of Spokane Valley - Regular Meeting • Agreement & Sewer /Stormwater Ordinance Report November 18, 2003 - City of Spokane Valley - Study Session • Wastewater Issues Discussion December 16, 2003 - City of Spokane Valley - Study Session • Wastewater Interlocal Agreement Draft December 23, 2003 - City of Spokane Valley - Regular Meeting • Draft MOU for Septic Tank Elimination Program (STEP) with the County January 13, 2004 - City of Spokane Valley - Regular Meeting • Design Build Operate (DBO) Discussion • Approval of STEP MOU February 3, 2004 - City of Spokane Valley - Study Session • Wastewater Policies Discussion March 2, 2004 - City of Spokane Valley - Regular Meeting • Wastewater Interlocal Agreement Discussion Spokane County Public Meetings and Notices on Wastewater Treatment Facilities September 2000 - Newsletter announcing wastewater facilities planning process September 21, 2000 - Public Meeting to discuss wastewater planning process December 2000 - Newsletter regarding second set of meetings January 10 & 11, 2001- Public Meetings to discuss wastewater alternatives May 2001- Newsletter regarding third set of meetings May 22 & 23, 2001 - Public Meeting to discuss preferred alternative of siting new plant in Spokane Valley November 2001- Newsletter announcing draft Wastewater Facilities Plan and draft EIS December 18, 2001- Public Hearing regarding Wastewater Facilities Plan adoption April 2002 - Newsletter announcing treatment plant siting process May 1, 2002 - Public Meeting to solicit input on Treatment Plant Siting process, describe the 15 identified sites, and to nominate possible sites May 2002 - Newsletter summarizing siting progress and announcing siting meeting June 13, 2002 - Public Meeting regarding 5 finalist treatment plant sites August 22, 2002 - Neighborhood meeting for the property owners surrounding the Stockyards site, to discuss concerns and get input October 2002 - Newsletter regarding finalist sites, Stockyards and Alki /Fancher, & announcing public meeting October 24, 2002 - Public Meeting to discuss the finalist sites and solicit public input November 2002 - Issue draft EIS for public comment December 2002 - Board of County Commissioners adopts final EIS for preferred sites February 2003 - Board of County Commissioners holds hearing and adopts Amendment 1 to Wastewater Facilities Plan March 2003 - Present - Considerations relative to formation of City of Spokane Valley February 25, 2003 - Public Meeting to consider Playfair Racetrack site DRAFT MINUTES City of Spokane Valley City Council Regular Meeting Tuesday, March 2, 2004 Mayor DeVleming called the City of Spokane Valley Regular Meeting to order at 6:00 p.m., and welcomed everyone to the meeting. Attendance: Councilmembers: Michael DeVleming, Mayor Steve Taylor, Councilmember Dick Denenny, Councilmember Mike Flanigan, Councilmember Richard Munson, Councilmember Gary Schimmels, Councilmember Steve Taylor, Councilmember Excused: Diana Wilhite, Deputy Mayor PLEDGE OF ALLEGIANCE: Mayor DeVleming led the Pledge of Allegiance. INVOCATION: Councilmember Munson gave the invocation. Staff: Dave Mercier, City Manager Nina Regor, Deputy City Manager Mike Jackson, Parks & Recreation Director Cary Driskell, Deputy City Attorney Ken Thompson, Finance Director Marina Sukup, Community Development Director Neil Kersten, Public Works Director Tom Scholtens, Building Official Sue Pearson, Deputy City Clerk Chris Bainbridge, City Clerk ROLL CALL: City Clerk Bainbridge called roll. Deputy Mayor Wilhite was absent; remainder of the councilmembers were present. It was moved by Councilmember Munson and seconded by Councilmember Flanigan to excuse Deputy Mayor Wilhite. Vote by acclamation: In Favor: Unanimous. Opposed: None. Abstentions: None. Motion carried. APPROVAL OF AGENDA: Under "Future Schedule," City Manager Mercier added that there will be a joint Council /Planning Commission meeting March 15, 2004, from 6 -8 p.m. It was moved by Councilmember Flanigan and seconded by Councilmember Denenny to approve the agenda. Vote by acclamation: In Favor: Unanimous. Opposed: None. Abstentions.: None. Motion carried COMMITTEE, BOARD. LIAISON SUMMARY REPORTS: Councilmember Denenny reported that he attended the STA Board of Directors meeting last Wednesday, and the Board voted to accept the Task Force recommendation regarding implementing an adjustment in July in the schedule and routines if revenue shortfalls continue, and to also put the issue on the May 18 ballot for an increase in sales tax up to 3/10` of a percent, with a sunset clause which would take place during the presidential election in 2005 and become effective the following June. Councilmember Flanigan said he had the opportunity to read to the first graders at University Grade School; he and Councilmember Denenny also attended a public health board meeting where one of the issues discussed was the banning all public smoking. Councilmember Munson said that he was elected Chair of the Operations and Maintenance Committee for the Spokane Transit Authority; and was also named to the Board of Directors of the American Public Transportation Association. Council Minutes 03 -02-04 Pass 1 of3 Date Approved by Council: DRAFT Councihnember Taylor explained that he attended last week's EDC annual meeting and heard discussion on regional economic issues, EDC's need to acquire permanent sources of funding, and the future of job growth in this region; and he also attended a meeting wherein CH2M Hill gave a presentation on behalf of the Use Attainability Analysis, to inform the public on what information has been gathered from approximately 175 documents regarding the future uses of the river. MAYOR'S REPORT: Mayor DeVleming reported that the last Pizza with the Mayor will be held March 17 at University High School; and the next Conversation with the Community is scheduled for April 14 at the Community Senior Center. PUBLIC COMMENT: Mayor DeVleming invited public comment; none was offered. 1. CONSENT AGENDA. After City Clerk Bainbridge read the Consent Agenda, it was moved by Mayor DeVleming and seconded by Councilmember Flanigan to approve the Consent Agenda. Vote by acclamation: In Favor: Unanimous. Opposed: None. Abstentions: None. Motion carried. 2. Second Reading Proposed Building Code Ordinance 04-010 (T.BCA) — Tom Scholtens After City Clerk Bainbridge read the ordinance title, it was moved by Councilmember Munson and seconded by Councilmember Flanigan to approve Ordinance 04 -010. Building Official Scholtens explained that there have been no changes since the first reading, and the ordinance reflects an effective date of July 1, 2004. Mayor DeVleming invited public comment; none was offered. Vole by acclamation: In Favor: Unanimous. Opposed: None. Abstentions: None. Motion carried. 3. First Reading Proposed Hearing Examiner Ordinance 04 -012 — Stanley Schwartz After City Clerk Bainbridge read the ordinance title, it was moved by Mayor DeVleming and seconded by Councihnember Denenny 10 .suspend the rules and approve Ordinance 04 -012. Deputy City Attorney Driskell, standing in for Attorney Schwartz, explained that the ordinance states that if there is no appeal on site specific rezone decisions, the Hearing Examiner decision is final; and if the Examiner approves the rezone, the action of the City is completed by a notation on the official zoning map of the City. Mayor DeVleming invited public comment; none was offered. Vote by acclamation: In Favor: Unanimous. Opposed: None. Abstentions: None. Motion carried 4. First Reading Proposed Ordinance 04 -013 Uniform Development Code re Enforcement & Penalties — Marina Sukup After City Clerk Bainbridge read the ordinance title, it was moved by Councilmember Munson and seconded by Councilmember Flanigan to advance Ordinance 04 -013 to a second reading. Community Development Director Sukup went over the changes indicated on replacement pages 5, 6, 7, 8, 15 and 1 6; and added that she received a telephone call from the Department of Community Trade and Economic Development indicating they found the ordinance to be thorough, comprehensive and easy to read. Director Sukup then further explained specific changes on page 15 dealing with cost recovery, and page 16 dealing with CTED. Mayor DeVleming invited public comment; none was offered. Vote by acclamation: In Favor: Unanimous. Opposed: None. Abstentions: None. Motion carried. 5. Mayor Appointments /Council Confirmation It was moved by Mayor DeVleming and seconded by Councilmember Munson to approve the appointment of Jennie Willardson to the Library Capital Facilities Advisory Task Force. Vote by acclamation: In Favor: Unanimous. Opposed • None. Abstentions: None. Motion carried. PUBLIC COMMENT: Darin Rell, Bowdish, stated he would like to know the status of the couplet. Mayor DeVleming responded that the discussion is ongoing and staff will contact him to discuss the issue. Council Minutes 03 -02 -04 page 2 of 3 Date Approved by Council: DRAFT Tony !azonis: said he feels there is not enough information to the public regarding the wastewater issues; there have been no press releases and the public is not informed. Mayor DeVleming responded that at the March 23 Council meeting, there will be an opportunity for special public comment to discuss wastewater issues. 6. Senior Citizen Bus — Mike Jackson Parks and Recreation Director Jackson provided a cost comparison of contracting bus services versus operating the Spokane Valley Senior Center Bus for the Tuesday and Thursday routes. Director Jackson said it appears to be more economical to use the contracted service, especially if there is going to be more than 13 passengers; and that he recommends the City not accept the bus and not operate the vehicle, but that we contribute the previously discussed $4300 to help offset costs of the first year of operation. City Manager Mercier added that the contacting agency would be the Senior Center organization, and they would have the ability to make arrangements for whatever mode of transportation they chose. in order to give opportunity for public comment, it was Council consensus to place this item on the next agenda. 7. Adult Entertainment Hours of Operation Discussion — Cary Driskell Deputy City Attomey Driskell explained that he has compiled a notebook of information for Council review, containing documentation of what other communities found were adverse secondary impacts of having these facilities in their counties; that the book will be left in the West Wing with the City Clerk, and also contains a CD with the U.S. Attorney's Opinion of 1986. Attorney Driskell said there is also information from Ms. Kitty's explaining why she voluntarily limited her hours of operation. Attorney Driskell added that if Council desires, staff can draft an ordinance which would first go before the Planning Commission as a land use issue/zoning regulation, which would then be forwarded to Council for a decision. Attorney Driskell said this matter can be handled as a regulation through the zoning code or as a license issue and that most establishments do this as a regulation through the zoning code. Councilmember Flanigan reminded Council that only one establishment has not voluntarily reduced its hours of operation. Council will review the notebook. 8. Wastewater Interlocal Agreement Discussion — Neil Kcrstcn Public Works Director Kersten explained the proposed changes to the agreement. City Manager Mercier added that the agreement includes the statutory provision to allow this City to assume ownership of' all sewer enterprise facilities that underlie city streets, and described conditions of termination attached to that assumption. In response to a question from Councilmember Schimmels, City Manager Mercier said that he and staff will research to try to determine what legal issues might be involved by having a plant outside the city jurisdiction, and another jurisdiction assuming ownership. 9. Advance Agenda Additions — Mayor DeVleming Mayor DeVleming mentioned that a more recent version has been distributed to Council as several changes have taken place since the advance agenda was placed i.n the Council packet; and brought council attention to the May 4 agenda which will include a specific public comment period regarding the couplet. There being no further business, it was moved by Councilmember Flanigan, seconded and unanimously agreed upon to adjourn. The meeting adjourned at 7:28 p.m. ATTEST: Christine Bainbridge, City Clerk Mike DeVleming, Mayor Cauncil Minutes 03 -02.04 Pap 3 of'3 Date Approve! by Council: DRAFT Attendance: Councilmcmbers: Michael DeVleming, Mayor Diana Wilhite, Deputy Mayor Dick Denenny, Councilmember Mike Flanigan, Councilmember Richard Munson, Councilmember Gary Schimmels, Councilmember Steve Taylor, Councilmember (arrived late) MINUTES City of Spokane Valley City Council Study Session March 16, 2004, 6:00 p.m. Staff: Dave Mercier City Manager Cary Driskell, Deputy City Attorney Ken Thompson, Finance Director Neil Kersten, Public Works Director Cal Walker, Police Chief Mike Jackson, Parks & Recreation Director Marina Sukup, Community Development Director Tout Scholtens, Building Official Sue Pearson, Deputy City Clerk Chris Bainbridge, City Clerk Mayor DeVleming opened the. meeting at 6:00 pan., welcomed all in attendance, reminded everyone that this is a study session and requested that all electronic devices be turned off for the duration of the meeting. 1. Senior Center Bus Parks & Recreation Director Jackson explained that the proposal is that the City might help support the Senior Association Center with about $4300 which has already been budgeted; that he and some members of the Association reviewed what it would cost to operate the bus and what it would cost to replace the bus; and that he feels the bus is worth about $10,000. Director Jackson said that he worked with the seniors and they have not communicated any challenge or proposed change to the numbers presented. He proposes that the seniors raise the funds for the bus on their own. [Councilmember Taylor arrived.] Mayor DeVleming invited public comment on this issue. John Haley, E. 13905 Desmit: said that he divided the issue into transportation needs and transportation wants, and that the most important need is the Tuesday/Thursday nutritional lunch program. He explained that the bus picks up seniors who can't drive due to infirmities or other problems, and brings them to the center for the lunch program that for many seniors, is their only nutritional meal during the week. Mr. Haley explained that another need is the need for socialization. Mr. Haley said that some of the wants include trips such as meals at local restaurants, going to shows, museums, the fairgrounds, the convention centers, the casinos, etc. He said that the seniors feel they are in a difficult situation regarding the responsibility to the bus, and as a new center is built, they are not sure how the needed income will be generated; that they are working toward fundraising as they also try to work with Council to raise funds; that he has been officially appointed by the Board to be the spokesman and requests on their behalf that the Association enter into an agreement with the City of Spokane Valley which would be the same as they had with Spokane County, and he would like a motion tonight to enter into that same agreement. Mayor DeVleming invited further public comment; none was offered. After brief discussion, it was Council consensus to place this item on next week's agenda. Study Session Minutes 03 -16 -04 Page 1 of 4 Date Approved by Council: DRAFT 2. Weed and Seed Grant a. Police Chief Walker explained that he previously briefed Council on these grants, and now seeks guidance on how to proceed further; that his vision is to be the lead agent along with SCOPE on pursuing these funds. Chief Walker also explained that federal auditing is a requirement once $500,000 has been received, but that there is no anticipated additional audit expense as we are already at that threshold. Council concurred to place this item on an upcoming agenda. b. Edgecliff Community Weed and Seed Steering Committee Rick Scott, Edgecliff Weed and Seed Coordinator, and Vickie Mills, Edgecliff resident and SCOPE member, gave a brief presentation on their weed and seed strategy and of their goal to acquire property to build a Community Center. Mr. Scott said they were awarded funding last May and have been working on this program for approximately two years; and that their community programs include code enforcement, cleanups, a safe haven for children and adults, and working with SCOPE for volunteers. Mr. Scott said that the Edgecliff community previously had the highest property crime rate within one square mile, but due to SCOPE volunteers, the Sheriff's Office, the Prosecutor's Office, and community education, that has been reduced to about 50% within one year. Mr. Scott said that their neighborhood is looking toward Park and 8` Avenue as a potential property to build a Community Center, which is currently owned by Spokane County which is considering selling the property. Mr. Scott explained that there is an urgent need to get this property for the future, and his group is looking to Council to see if this might be something Council could support — not monetarily — but support in making that part of our City a little better and of wanting this type of facility at that location, and that there is no entity now to take possession of a deed if Spokane County were to sell the property, although they have considered starting a neighborhood association. In response to a question concerning the type of community center they have in mind, Mr. Scott said they have distributed approximately 3500 surveys to area residents to help determine needs and dynamics of the neighborhood; that they hope to have the surveys back by the end of March, and have a meeting scheduled for April 1, and that they would welcome and encourage any eouncilmembers to attend the meeting. After brief discussion of the needs of this group, City Manager Mercier said that a staff member will contact this group, and that they will look to Mr. Scott to draft a letter of support so that Council can appreciate the precise needs and what the Committee seeks. 3. Proposed Sewer Ordinance. Public Works Director Kersten said that this is an opportunity for Council to examine the draft ordinance, that SEPA will need to have input, and this could be adopted after the approval of the interlocal agreement. Director Kersten said that a paragraph will be added to Section 5 similar to paragraph A of Section 4 which would delegate authority to the County for hearing bodies if there are code enforcement issues. Director Kersten added that rates, fees and charges would also be included in the interlocal. Councilmember Denenny said he would like to receive copies of the County Chapter in advance of further consideration of this ordinance. This item will be brought back for further consideration after approval of the interlocal agreement, and after SEPA input. 4. Aquifer Protection Area Program Reauthorization. Public Works Director Kersten reported that the Spokane County Board of Commissioners' January 27, 2004 letter requested consideration for inclusion of the City in the reauthorization of the Aquifer Protection Area. After Director Kersten's PowerPoint presentation, he mentioned that the Board would like confirmation of our decision before June 1, 2004. After brief discussion of the current APA Program, it was Council consensus to bring this back at a later council meeting. Mayor DeVleming called for a recess at 6:50 p.m., and reconvened the meeting at 7:00 p.m. Study Session Minutes 03 -16 -04 Page 2 of 4 Date Approved by Council: DRAFT 5. Alcohol Use on Public. Property. Parks and Recreation Director Jackson said that Ordinance 65 stipulates that a permit is required for alcoholic consumption at ,Parks and Recreation facilities, and a requirement of the ordinance is a resolution designating locations and setting a fee for the permit. Director Jackson then went over the requirements for the consumption of alcohol in City parks and facilities as addressed in Ordinance 65, adding that a requesting party must also obtain a Washington State Banquet Permit or Special Occasion License, depending on the circumstances. Director Jackson said that staff recommends designating the CenterPlace Great Room and adjacent kitchen and dining facilities, and Mirabeau Springs picnic shelter and immediate vicinity, as areas where alcohol may be consumed. After discussion of beer gardens, flexibility in the policy, concerts in the park, and reminders that any policy can always be revisited later, it was decided that staff will work on drafting the policy for council consideration. 6. Draft Budget Calendar Review. Finance Director Thompson explained that this is an opportunity to review the budget calendar for 2005 and that he wanted to draw Council attention to some significant dates: April 19 the departments will begin preparation of the 2005 budget, a half -day retreat is scheduled for June 26, and final budget adoption is slated for November 9. Council concurred to move ahead with the schedule. 7. Update on Liberty Lake Appeal of our 2003 Amendments to our Interim Comp Plan. Deputy City Attorney Driskell reported that on March 27, 2003, an interim comprehensive plan was adopted pursuant to statutory incorporation laws, that we proceeded under that plan through spring and summer and during the summer of 2003, seven applications were accepted for amendments to the interim plan; that those applications were site specific re -zones and no request was larger than five acres. Attorney Driskcll said there has been an ongoing dispute with Liberty Lake over some of the comp plan issues, specifically with our amendments to our interim plan. Attorney Driskcll said staff followed the city adopted interim comp plan under RCW 35A.63 and not under the Growth Management Plan and staff felt we were entitled to amend and move forward accordingly. He said that he examined several statutes such as 36.70A.040 which address the tirneframe that a city or county has to adopt a compliant comp plan; and that the common interpretation is we have four years to adopt a plan. Attorney Driskell said that RCW 36.70A.106 has a procedural requirement that if we are going to adopt a comp plan under the Growth Management Act, that proposals go to CTED for review and comment; but that we were not adopting a GMA plan in 2003. Attorney Driskell said that subsection three states that amendments follow the same course of action. Additionally, we did not send the documents to CTED and that is one of the issues upon which Liberty Lake's appeal is filed. Attorney Driskell said that Liberty Lake filed summary judgment that we failed to send our proposed amendments to CTED for review at least 60 days prior to adoption. Attorney Driskell stated that staff feels there are some contradictions in the statutes, and on March 3, 2004, a letter was sent to CTED outlining those apparent contradictions and asking for classification as we want to exercise the best practices and do things in the most responsible way. At this point Driskcll said, we are trying to determine with CTED the additional clarification on procedural aspects concerning the remand, and added that we are committed to getting the right result. Attorney Driskell said he anticipates having to go through the public hearing process again, but added there is no impact on the property owners of the seven sites, and that staff seeks specificity as to the cure of action so we can comply with all aspects of the statutes. .. Official Newspaper. City Clerk Bainbridge gave the history of the steps leading to designation of the current official newspaper, the Spokesman Review, and of the options facing council now of either keeping the Spokesman Review and authorizing the City Manager to execute a new contract, or approving a resolution designating the Spokane Valley News Herald as the official newspaper. Clerk Bainbridge explained the difference in cost per column inch of the Spokesman Review and the Herald, and said that if we had used the Herald for the legal publications run last year, the City would have saved Study Session Minutes 03 -16 -04 Page 3 of 4 Date Approved by Council: DRAFT approximately $6,000; that the Spokesman has a larger circulation (about 118,753), and the Herald boasts running more legal publications than other newspapers, and that they are also the County's official newspaper. Circulation numbers for just the City Valley will be obtained and this matter will be re- scheduled for the next council agenda. 9. Advance Agenda Additions. Deputy Mayor Wilhite mentioned that a breakfast will be held March 25 at 7:00 a.m. at the Spokane Club for the National Association of Women Business Owners and she invites the councilmembers as her guest, and to contact her if there is an interest in attending. Councilmember Munson said he would like to see if it is possible to have a "hit" count on our website; Mayor DeVleming recommended Councilmember Munson discuss that with Nina Regor. 10. Council Check -in. City Manager Mercier said that the governance manual committee is scheduled to give a report at the March 30 study session. It was also reported that the final "Pizza with the Mayor" will be held tomorrow; and that Mayor DeVleming is working to finalize the necessary steps to form a student advisory council. 11. City Manager Comments. City Manager Mercier asked Deputy Mayor Wilhite to elaborate on the upcoming water quality meeting. Deputy Mayor Wilhite said that meeting is scheduled to begin April 13, it will be hosted by the Spokane Regional Chamber in conjunction with the Coeur d'Alene Chamber, that it will be a two -day event and that invited speakers include Senators Murray and Cantwell, and Congressman Nethercutt, and that it is likely that Idaho senators as well as Idaho Representative Otto will speak as well; representatives from the Idaho and Washington EPA offices will be attending, and that she will forward more information as it becomes available. City Manager Mercier said that he has attended several Chamber of Commerce governance committee meetings, and said that next Tuesday's agenda will include welcoming the legal legislatures back to town, along with a briefing of legislative events. Deputy Mayor Wilhite added that the STA will hold a presentation on April 6 concerning the possibility of a local sales tax increase issue, which meeting will be open to the public. City Manager Mercier announced that the Mayor's State of the City address is scheduled for April 20. There being no further business, the meeting adjourned at 7:50 p.m. ATTEST: , Christine Bainbridge, City Clerk Michael DeVleming, Mayor Study Session Minutes 03 - 16 - 04 Page 4 of 4 Date Approved by Council: Meeting Date: 3 -23 -04 City Manager Sign -off; -- Item: Check all that apply: x consent ❑ oid business 0 new business ❑ public hearing ❑ information Q admin. report ❑ pending legislation AGENDA ITEM TITLE: Claims: Voucher listing total for March 8 and March 12, 2004 OPTIONS: RECOMMENDED ACTION OR MOTION: Approve claims for 3/08/04 in the amount of $ 106,975.10 Approve claims for 3/1 204 in the amount of $ 98.248.06 TOTAL CLAIMS $ 205,223.6 BUDGET/FINANCIAL IMPACTS: ( ) STAFF CONTACT: Ellen Avey ATTACHMENTS Voucher Lists CITY OF SPOKANE VALLEY Request for Council Action vchlist 03/08/2004 10: 0 4: 3 6AM Bank code : apbank Voucher List Page: 1 Spokane Valley Voucher bate Vendor Invoice PO # Description /Account Amount 4410 3/2/2004 000439 GREEN HAT PLUMBING & HEATING 030104 DEPOSIT REFUND 4411 3/2/2004 000436 RAMSEY PLUMBING & HEATING Ramsey DEPOSIT REFUND 4413 3/5/2004 000450 LAC DRYWALL, INC. LAC DEPOSIT REFUND 4414 3/5/2004 000449 OLYMPUS TECHNOLOGIES INC. OT DEPOSIT REFUND 4415 3/5/2004 000448 RICK ELECTRIC, INC. RE DEPOSIT REFUND 4416 3/5/2004 000447 NORTHWESTERN CONSTRUCTION, NCW DEPOSIT REFUND 4417 3/5/2004 000446 WAYNE POVV ELL PAINTING WPP DEPOSIT REFUND 4418 3/5/2004 000371 LEONE & KEEBLE, INC. L&K DEPOSIT REFUND 44'49 3/5/2004 000444 ARCTIC LIGHTING & ELECTRIC 3304 DEPOSIT REFUND 4420 3/5/2004 000443 PAT'S MASONRY 30504 DEPOSIT REFUND 4421 3/5/2004 000442 RAMEY CONSTRUCTION 050304 DEPOSIT REFUND 4422 3/5/2004 000335 ALTON'S TIRE 06 -80387 VEHICLE MAINTENANCE 4423 3/5/2004 000037 AMERICAN LINEN 349948 FLOOR MAT SERVICE Total Total : Total : Total : Total Total Total : Total : Total : Total : Total ; Total : 150.00 150.00 150.00 150.00 150.00 150.00 150.00 1 50.00 150.00 150.00 304.00 300.00 150.00 150.00 300.00 300.00 150.00 150.00 150.00 150.00 150.00 150.00 69.11 69.11 67.47 vchlist 03/0812004 10:04:36AM Bank code: apbank Voucher 4425 4426 4427 4428 4429 4430 4431 4432 4433 4434 4435 Date Vendor 4423 3/5/2004 000037 000037 AMERICAN LINEN W 4424 3/5/2004 000392 APERFECTEB, INC. 3/5/2004 000454 ASSOCIATED CONSTRUCTION 3/5/2004 000030 AVISTA UTILITIES 3/5/2004 3/5/2004 3/5/2004 3/5/2004 000109 COFFEE SYSTEMS INC 3/5/2004 000035 CORPORATE EXPRESS 3/5/2004 000425 3/5/2004 000059 3/5/2004 000014 3/5/2004 000028 000440 CHASE YOUTH COMMISSION 000144 CITY OF LIBERTY LAKE 000452 CLEARWATER RESEARCH INC. DAY WIRELESS SYSTEMS DEVLEMING, MICHAEL EDEN SYSTEMS, INC. FARMERS & MERCHANTS BANK Invoice Voucher List Spokane Valley (Continued) PO # AC Feb04 OPR 2004 -186 90 -0006 Mari 40069 18758 50043396 40047 50155117/50155120 40055 56386 40040 MD30204 19358 GS5094 /Jan -Feb04 MF -5151 Jan -Feb04 Description /Account 1140 WEBSITE DEVELOPMENT SER Total : DEPOSIT REFUND COMMUNITY SUPPORT DOCUMENT COPIES SURVEY CONTRACT COFFEE OFFICE SUPPLIES OFFICE SUPPLIES MOBILE BAND RADIO MILEAGE SOFTWARE CONSULTING CREDIT CARD PAYMENT CREDIT C ARD PAYMENT Total : Total : STREET LIGHTING /SIGNAL POW Total : Total : Total : Total : Total : Total : Total : Total : Total : i 1 P age: 2 Amount 67.47 3,750.00 3,750.00 300.00 300.00 1,219.87 1,219.87 2,000.00 2,000.00 41.10 41.10 5,885.00 5,885.00 174.44 174.44 183.50 367.68 551.18 702.21 702.21 59.00 59.00 150.00 150.00 171.78 190.93 Page: 2 vchlist 03/08/2004 10:04:36AM Bank code : apbank Voucher 4435 4436 4437 4438 4439 4440 4441 4442 4443 4444 4445 4446 Date Vendor 3/5/2004 000028 000028 FARMERS & MERCHANTS BANK (Continued) 3/5/2004 000002 H & H BUSINESS SYSTEMS 3/5/2004 000086 INLAND EMPIRE UTILITY, COORDINE UCC 3/5/2004 000070 3/5/2004 000288 3/5/2004 000012 3/5/2004 000107 3/5/2004 000383 3/5/2004 000437 3/5/2004 000073 3/5/2004 000033 3/5/2004 000258 MICROFLEX INC. INLAND POWER AND LIGHT CO Invoice 116592 116593 Feb2004 0741431-IN 001905510 030204 15955 9349 3082 30204 4510480 INTERNATIONAL CODE COUNCIL JOURNAL OF BUSINESS KOPY KORNER PRINTING LEO'S PORTRAITS LIBERTY LAKE SPLASH MC CORMICK, GREG MCPC Voucher List Spokane Valley PO # 40049 40053 40053 Description /Account COPY CHARGES COPY CHARGES MEMBERSHIP BOOK CLASSIFIED AD SUBSCRIPTION PRINTING SERVICES PHOTOS OFFICE SUPPLIES Total : Total : Total : STREET LIGHTING /SIGNAL POW Total : Total : Total : Total : Total : NEWSPAPER SUBSCRIPTION Total : EXPENSE REIMBURSEMENT Total : Total : 14842 BUSINESS REGISTRATION SER\ Total : Page: 3 Amount 362.71 365.59 294.19 659.78 1,000.00 1,000.00 357.90 357.90 74.53 74.53 420.00 35.00 455.00 43.24 43.24 217.41 217.41 50.00 50.00 11.90 11.90 122.33 122.33 7,432.59 7,432.59 came: 3 vchlist 03/08/2004 10:04:36AM Bank code : apbank Voucher 4447 3/5/2004 000132 MODERN ELECTRIC WATER COMP/ Feb04 4448 3/5/2004 000036 OFFICE DEPOT 4449 4450 4451 4452 4453 4454 4455 4456 4457 4458 Date Vendor 3/5/2004 000428 3/5/2004 000453 3/5/2004 000455 3/5/2004 000029 3/5/2004 000024 3/5/2004 000415 3/5/2004 000324 3/5/2004 000456 3/5/2004 000451 3/5/2004 000081 OPTA SOFT PERCY'S CAFE AMERICANA PIERSON CONSTRUCTION PITNEY BOWES CREDIT CORP. RESOURCE COMPUTING INC. ROSAUERS U -CITY SCWD #3 SOMMER, KEN Invoice 238394620 238723136 116 PC 36177 36255 36260 554322 Feb2004 R -FedEx SPOKANE REGIONAL SPORTS, COM 21704 STATE OF WA, DEPART OF REVENU 2/04 Excise Voucher List Spokane Valley 5618533 -FB04 PO # 40057 40062 40051 40041 Description /Account STREET LIGHTING POWER/WAT Total : OFFICE SUPPLIES PRINTER SOFTWARE 10003 MEALS FOR CITY COUNCIL MEE Total : DEPOSIT REFUND Total : Total : Total : COPY EQUIPMENT RENTAL Total : IT LABOR NETWORK HARDWARE IT SUPPORT GROCERY ITEMS WATER UTILITY CHGS SHIPPING CHARGES TOURISM PROMOTION FUNDIN Total : COMBINED EXCISE TAX Total : Total : Total : Total : Page: 4 Amount 6,988.63 6,988.63 10.55 125.49 136.04 500.00 500.00 190.31 190.31 150.00 150.00 447.53 447.53 3,243.00 5,505.75 702.65 9,451.40 42.11 42.11 25.52 25.52 17.06 17.06 52,185.73 52,185.73 38.77 Page: 4 vchlist 03/0812004 10:04: 36AM Bank code : apbank Voucher Date Vendor 3/5/2004 000081 000081 STATE OF WA, DEPART OF REV (Continued) 4458 4459 3/5/2004 000093 4460 3/5/2004 000337 4461 3/5/2004 000167 4462 3/5/2004 000413 4463 4464 3/5/2004 000021 WITHERSPOON, KELLEY, DAVENPO 57731 3/5/2004 000004 ZEPUBLIC UNITED PARCEL SERVICE VERA WATER & POWER WEST COAST CASH REGISTER 54 Vouchers for bank code : apbank 54 Vouchers In this report Invoice THE SPOKESMAN - REVIEW 2881128 I, the undersigned, do certify under penalty of perjury. that the materials have been furnished. the services rendered, or the labor performed as described herein and that the claim is lust, due and an unpaid obligation against the City of Spokane Valley, and that I am authorized to authenticate and certify to said claim. Finance Director Date Y3F950094 Jan04 1596 March02 Voucher List Spokane Valley PO # Description /Account NEWSPAPER SUBSCRIPTION Total : SHIPPING CHARGES STREET LIGHTING POWERM/AT Total : KEYS LEGAL FEES WEB SITE HOSTING 4eP0S1 f `I / 4kW'S Total : Total : Total : Total : Total : Bank total : Total vouchers : Page: 5 Amount 38.77 78.00 78.00 15.81 15.81 2,342.10 2,342.10 43.24 43.24 8,316.08 8,316.08 250.00 250.00 108,925.10 108,925.10 /66', 925 -" J 5 Voucher vchlist 03/12/2004 2:22:04PM Bank code : apbank Date Vendor 4465 3/11/2004 000001 4466 3/11/2004 000459 4467 3/12/2004 000277 4468 3/12/2004 000030 4469 3/12/2004 000101 4470 3/12/2004 000109 4471 4472 3/12/2004 000035 4473 3/12/2004 000284 4474 3/12/2004 000123 4475 3/12/2.004 000298 4476 3/12/2004 000461 SPOKANE COUNTY TREASURER SVLF SPOKANE COUNTY TITLE CO. QCD ASSOC. OF WA CITIES AVISTA UTILITIES CDWG COFFEE SYSTEMS INC CORPORATE EXPRESS CRUCIAL TECHNOLOGY DAILY JOURNAL OF COMMERCE DOMPIER, DAWN EAGLE PRECAST CO. Invoice 7958 7959 7960 7961 2004 LY81846 19034 3/12/2004 000026 CONTRACT RESOURCE GROUP, IN 3796 Voucher List Spokane Valley 50260845 205740861 3152066 031104 030804 PO t$ 40054 40001 40061 40063 Description /Account REAL ESTATE EXCISE TAX AF Total : DEED FILING FEE REGISTRATION REGISTRATION REGISTRATION REGISTRATION STREET LIGHTING /SIGNAL POW Total : LASER PRINTER COFFEE LATERAL FILE OFFICE SUPPLIES PC MEMORY ADVERTISEMENT Total : Total : Total : Total : Total : Total : Total : Total : EXPENSE REIMBURSEMENT Total : Page: 1 Amount 2.00 2.00 24.60 24.60 95.00 95.00 95.00 95.00 380.00 16,444.74 16,444.74 252.58 252.58 68.99 68.99 746.21 746.21 35.74 35.74 350.20 350.20 226.10 226.10 44.76 44.76 DEPOSIT REFUND 300.00 Page: 1 vchlist 03/12/2004 2:22:04PM Bank code : apbank Voucher List Page: 2 Spokane Valley Voucher Date Vendor Invoice PO # DescriptionlAccount Amount 4476 3/12/2004 000461 000461 EAGLE PRECAST CO. (Continued) Total : 300.00 4477 3/12/2004 000002 H & H BUSINESS SYSTEMS 3012004 WIDE- FORMAT COPIER LEASE 201.04 Total: 201.04 4478 3/12/2004 000259 HUMANIX 136669 TEMP LABOR 65.57 Total : 65.57 4479 3/12/2004 000434 HUSFLOEN, BARRY 031104 EXPENSE REIMBURSEMENT 41.75 Total : 41.75 4480 3/12/2004 000022 INLAND BUSINESS PRODUCTS, INC 50690/50717 ID BADGES 27.03 Total : 27.03 4481 3/12/2004 000117 JOURNAL NEWS PUBLISHING 23901 LEGAL PUBLICATION 25.00 Total : 25.00 4482 3/12/2004 000012 JOURNAL OF BUSINESS 001905511 ADVERTISEMENT 140.00 Total : 140.00 4483 3/12/2004 000133 MC DONALD, MAC 031104 EXPENSE REIMBURSEMENT 10.79 Total : 10.79 4484 3/12/2004 000033 MCPC 4513213 40056 OFFICE SUPPLIES 118.56 Total : 118.56 4485 3/12/2004 000069 MERCIER, DAVID NLC; DC EXPENSE REIMBURSEMENT 6,299.41 NLCO4 EXPENSE REIMBURSEMENT 335.00 Total : 6,634.41 4486 3/12/2004 000239 NORTHWEST BUSINESS STAMP 47731 40067 CUSTOM STAMPS 594.98 Total : 594.98 4487 3/12/2004 000036 OFFICE DEPOT 9219 MEETING SUPPLIES 7.98 Total : 7.98 4488 3/12/2004 000307 OFFICE OF THE STATE TREASURE Feb 04 STATE REMITTANCES 48,490.80 Total : 48,490.80 vchlist 03/12/2004 2:22:04PM Bank code : apbank Voucher 4489 4490 4491 4492 4493 4494 4495 4496 4497 4498 4499 4500 4501 Date Vendor 3/12/2004 000358 REGOR, NINA 3/12/2004 000341 RICOH CORPORATION 3/12/2004 000003 ROYAL BUSINESS SYSTEMS 3/12/2004 000462 SHEA GRAHAM CONSTRUCTION 030804 3/12/2004 000308 SPOKANE COUNTY PROSECUTING, Jan /Feb 04 3/12/2004 000458 SPOKANE COUNTY PUBLIC WORKS 1329 3/12/2004 000001 3/12/2004 000323 3/12/2004 000398 3/12/2004 000457 THE CONSERVATION FUND, #14172 30904 3/12/2004 000093 3/12/2004 000025 3/12/2004 000337 SPOKANE COUNTY TREASURER SPOKANE COUNTY UTILITIES TAN MOORE ARCHITECTS THE SPOKESMAN - REVIEW UNISOURCE CORPORATION UNITED PARCEL SERVICE Invoice 031004 r1 Voucher List Spokane Valley 04044539970 04044540549 75989A 2003 4th qtr Feb 04 PR #4 22904 21141030 0000Y3F950104 PO # 40074 40068 Description /Account MILEAGE COPY EQUIPMENT LEASE COPY EQUIPMENT LEASE Total : OFFICE SUPPLIES DEPOSIT REFUND CRIME VICTIMS COMP. REMITTA Total : GRAPHIC DESIGN SERVICES Total : LIQUOR SALES ASSESSMENT Total : SEWER UTILITY CHARGES Total : PROJECT MANAGEMENT PUBLICATION LEGAL NOTICE PUBLICATION Total : PAPER SHIPPING CHARGES Total : Total : Total : Total : Total : Total : 3 Amount 39.57 39.57 245.39 410.78 656.17 86.48 86.48 300.00 300.00 1,360.86 1,360.86 284.33 284.33 3,885.04 3,885.04 646.49 646.49 12,600.20 12,600.20 15.00 15.00 1,372.18 1,372.18 413.48 413.48 25.95 Page: 3 vchlist 03/12/2004 2:22:04PM Bank code : apbank Voucher List Page: 4 Spokane Valley Voucher Date Vendor Invoice PO # Description /Account Amount 4501 3/12/2004 000337 000337 UNITED PARCEL SERVICE (Continued) 4502 3/12/2004 000460 W.S.A.S.C. WSASC 4503 3/12/2004 000089 XO COMMUNICATIONS 0103911396 39 Vouchers for bank code : apbank I, the undersigned, do certify under penalty of perjury, that the materials have been furnished, the services rendered, or the labor performed as described herein and that the claim is just, due and an unpaid obligation against the City of Spokane Valley, and that I am authorized to authenticate and certify to said claim. Finance Director Date Total : PROFESSIONAL MEMBERSHIP Total : TELEPHONE & DSL CHARGES Total : Bank total : 39 Vouchers in this report Total vouchers : 25.95 30.00 30.00 1,298.48 1,298.48 98,248.06 98,248.06 4 OPTIONS: Meeting Date: 3 Item: Check all that apply: x consent ❑ information AGENDA ITEM TITLE : Payroll for Period Ending February 29, 2004, and for period ending March 15, 2004 GOVERNING LEGISLATION: PREVIOUS COUNCIL ACTION TAKEN: BACKGROUND: RECOMMENDED ACTION OR MOTION: BUDGET /FINANCIAL IMPACTS: Payroll for period ending 02 -29 -04 Salary: $ 91,371.64 Benefits: $ 45,102.67 $136,474.31 STAFF CONTACT: Daniel Cenis ATTACHMENTS CITY OF SPOKANE VALLEY Request for Council Action City Manager Sign -off: ❑ old business ❑ new business ❑ public hearing ❑ admin. report ❑ pending legislation Payroll for period ending 02- 15 -04: $ 91,386.71 9,756.97 $101,143.68 CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: March 23, 2004 City Manager Sign -off: Item: Check all that apply: ❑ consent old business XX new business ❑ public hearing ❑ information admin. report ❑ pending legislation AGENDA ITEM TITLE: Towing Regulations For Police- initiated Impounds — Second Reading GOVERNING LEGISLATION: RCW 46.55 PREVIOUS COUNCIL ACTION TAKEN: Staff has discussed towing - related issues with the Council on several occasions over the past months, particularly in relation to implementing Ordinance No. 67, the Junk Vehicle Ordinance. The Council had a first reading on 1- 13 -04. Following considerable public comment after the first reading, staff presented the Council with several policy decisions, primarily whether to restrict the draft ordinance to public impounds v. public and private impounds. BACKGROUND: Since first reading, additional issues have arisen, most of which have been 0 addressed by the Council to date. The remaining issues for discussion are as follows: 1. Spokane County called with an objection to the use of certain terms in the draft ordinance because they appeared to conflict with several contracts the County has with tow operators. One group of such contracts is for certain tow operators to provide impound services at County -owned parking Tots in our city, such as at the Fairgrounds. I view this as being in the nature of the private impound contracts the Council did not want to interfere with from a private business context. I changed the definition of what impounds are covered in the ordinance to clarify that it is "police- initiated impounds' that are regulated, and one's from the County lots are not generated by the police. 2. Spokane County also objected to the definition because it appeared to conflict with a contract the County has with Inland Towing, whereby Inland picks up a Sheriff vehicle if it becomes disabled for whatever reason, and this covers the entire County, including in Spokane. The other aspect of this contract is that Inland picks up all vehicles needed for evidentiary reasons. This version of the proposed removes such evidentiary tows from the definition of police- initiated tows. This also covers the entire County. 3. A question was asked regarding the level of insurance required to be able to get on the police tow list. RCW 46.55.030 requires a tow operator to have a minimum of $100,000 liability insurance for bodily or property damage per occurrence, and $50,000 to protect against vehicle damage. In drafting the ordinance, which set the liability amount at $1,000,000, I consulted with Peg Campbell at WCIA. Her strong recommendation was to require insurance at that level. For context, the City of Spokane requires a minimum liability policy of one million. Spokane County only requires the state minimum of $100,000. Some of the potentially affected towers objected to the insurance requirement. As such, I have been doing some additional research. I talked to Peg Campbell again, and she said she maintains her previous recommendation, although she would feel having $500,000 was acceptable. I called Pete Jalbert of Pacific Insurance, which insures many towers in the area. Mr. Jalbert informed me that about 75% of the towers in the area already have the one million liability policy for their own protection. Mr. Jalbert also stated that the estimated costs to the tow operators for the various levels of coverage would be as follows: Policy Estimated cost to tower per year per truck $100,000 (state minimum) $2,000 $500,000 $2,200 -2,300 $1,000,000 (WCIA recommended) $2,600 -2,800 There is a relatively small discrepancy in the cost to the businesses for the higher limits. Because of that, and WCIA strongly recommends the one million dollar coverage, that approximately 75% of the companies already have the one million dollar coverage, and Spokane does as well, staff recommends that the Council require the one million dollar coverage. 4. Staff is also including a draft contract for Council consideration and comment. To get on the police tow list, a tower would also be required to sign a contract whereby the tower agrees to participate in the junk vehicle abatement program. This proposed contract sets forth the terms for such participation. Please review it. There is a timing issue involved where the Council will need to approve by motion a model contract relating to this topic. RECOMMENDED ACTION OR MOTION: Motion to adopt Ordinance 04 -001, an Ordinance on Towing Regulations for Police- Initiated Impounds BUDGET /FINANCIAL IMPACTS: STAFF CONTACT: Cary P. Driskell, Deputy City Attorney ATTACHMENTS: (1) Clean copy of draft ordinance for proposed adoption, (2) mark -up copy of proposed ordinance for reference, and (3) draft junk vehicle contract whereby tow operators wishing to be on the police tow list must sign this or a similar agreement. Proposed towing ordinance - C. Driskell Draft 36, January 2OMarch 4, 2004 CITY OF SPOKANE VALLEY SPOKANE COUNTY WASHINGTON ORDINANCE NO. 04-001 AN ORDINANCE OF THE CITY OF SPOKANE VALLEY, WASHINGTON, ESTABLISHING POLICE- INITIATED IMPOUND TOWING REGULATIONS FOR THE CITY OF SPOKANE VALLEY. WHEREAS, RCW 46.55.240 provides statutory authority for cities to adopt tow ordinances; and WHEREAS, the City of Spokane Valley desires to adopt a tow. ordinance to provide a set of minimum safety guidelines by which tow operators must comply while epeFati igperforming police- initiated impounds in the City of Spokane Valley. NOW, THEREFORE, the City Council of the City of Spokane Valley, Washington, de ordains as follows: Section 1. Intent. The City of Spokane Valley (hereafter referred to as "the City") declares that the provisions of this Ordinance shall be deemed an exercise of power of the City to protect the health, safety and welfare of its citizens. Therefore, the intent of this Ordinance is that all persons engaging—in esiness er occupatienperformini police - initiated impounds within the corporate limits of the City as hereinafter defined shall be subject to the provisions of this Ordinance. Section 2. Definitions. A. In construing the provisions of this Ordinance, except where otherwise plainly declared or clearly apparent from the context, words used in this Ordinance shall be given their common and ordinary meaning and in addition, the following definitions shall apply: 1. "Chief of Police" means the Chief of Police of the City of Spokane Valley, or his/her designee. 0 2. "CI " means the Ci - "i►nrpoui okane Valle eh iel cp! wuk Cdrlotdinanccs tow oadinanceitow of dinancc draft threca -fo nmeanx#res4 4a-? -04 - 1 - sain4- to -ke4,* 2. "registered -to ester 3. "City-authorized tower" means a towing service having a valid and current registration filed with the City authorizing the furnishing of towing services. Proposed towing ordinance- C. Driskell I Draft 36, ktuar-y- OMarch 4, 2004 4. "impound" means the taking of a vehicle into leeal custody, pursuant to law. 5. "junk vehicle impound" means the vehicle has been impounded at the direction of a public official (or designee thereof) pursuant to the City's Junk Vehicle Ordinance, No. 03 -067 as adopted or hereafter amended. 6 . " Upernte- ca- towinng husifess- er -tewir e- ceiperate-iitnits -ef -the City," ',twit:, to physie - - •' does - not -inc- lode- ttwing vel les -irate- the -Gitr- from- outside -Ch er- traveling- thfeugh � y - W itfra ic - le - in - tow- 4—:police" -' means any authorized agent of the City of Spokane Valley Police Department or other law enforcement agency having jurisdiction. 75. L— ppolicc department_' -- means the City of Spokane Valley - Police Department -efthc City. 86. "police- initiated impound" means the vehicle has been impounded at the direction of a police officer of the City. Police- initiated impounds do not include j ppounds ordered for evidentiary purposes by the Spokane County Sheriff Department. 9�. "private impound" means the vehicle has been impounded at the direction of a person having control or possession of the private property upon which the vehicle was located. This Ordinance is not intended to cover private impounds. 10. "registered tow truck operator" means any_person who engages in the impounding, transporting, or storage of unauthorized vehicles or the disposal of abandoned vehicles. RCW 46.55.010(6) S. t ubllic impound means the- vehicle -haa- been - impounded- by-a -j ub1ic -of -ia•I (or designee - thereof)-ha-v -ing iselictien -evei the-pt e- property -upon- which -the is le is-1eoated 119. "tow truck" means any vehicle designed or intended to tow vehicles, which are disabled by mechanical failure or physical damage or being impounded pursuant to law. 10. "towing - business" ot seaakice"- inelo4les -a person -par neship- i -t ventare eerpor-ation -et-ot heusitiess- -v wns- anther -- operates -one or- naere -te e - ank l- s - . -.. _ - _ ' e s - in w the impoundingFansperting or storage -ef- unauthorized vehicles or the dis) l--ef abandoned -vehiele Section 3. - Operate Required. It is a misdemeanor, I cpd work fildmdit nccetow ordintneckow ordinance drat tioeegig- 'opsea t*eedive 42-10.1-04 - 2 - Proposed towing ordinance - C. Driskell Draft 36, January 20March 4, 2004 punishable by a fine of not more than one thousand dollars and/or imprisonment for not more than ninety days, for any person, corporation, partnership, joint venture or other business entity to p perform police- initiated impounds within the corporate limits of the City without having a valid and current tow operator registration with the City. Such a registration shall not be transferable. Upon a sale or transfer of the towing business, a new registration with authorization must be obtained as provided in this chapter. The registration required by this chapter is in addition to a general business license required by this state, and the regulations established in this chapter are supplemental to the registration requirements of the State of Washington. Section 4. Application for Tow Operator Registration. Application to become a city- authorized tower : - must be made in writing on an application form furnished by the Police DepartmentCity, and must be filed with the Chief of PoliceGity Clerk. The application shall include complete information concerning the ownership of the business, the number and type of vehicles to be operated, the name under which the applicant intends to operate, the legal form of the business entity operating the business, the office address of the towing business, the address of any storage facilities, the name and address of the person in charge of the business plus any additional information reasonably required by the City clerk nnd/or CChief of Police. The applicant shall also furnish with the application a current registration certificate from the Washington State Department of Licensing pursuant to RCW 46.55.020 as adopted or hereafter amended, and a current letter of appointment from the equipment and standards review section of the Washington State Patrol. The City Cler }:Chief of Police shall determine whether all requirements have been met and information furnished as required by the provisions of this Ordinance. The City Clerk may call- t :per3- the -RM4 e- Chief -te , d a fig tier- to- obtaj- - • - • . • ting to the -tew- operator registration. All equipment and master log -to -be uscd in the towing business for police - initiated impounds shall be available for inspection by the City of Spokane Valley Ppolicc Ddepartment during reasonable business hours. Section 5. Proof of Insurance. A certificate of insurance must be filed with the ChGitj- Gle*kief of Police at the time the application is filed. Insurance coverage shall be in the minimum limits of one hunkke&theusanilinillion dollars (51.000,000.00) per vehicle combined single limits for bodily injury and property damage liability per occurrence. l'or vehicles in the eustetl.,t- of- the- eperater- the -inn fie- shell. prtwide- rrtinis»um -li • he -time a- vehiele- eernes -into eustedy -of an-eperater- until -i . The certificate of insurance shall indicate the operator's extent of coverage,; limits and the expiration date of said policy. Such insurance as is required in this Ordinance shall be maintained in full force and effect for the full period to be covered by the tow business registration applied for. Applicant shall submit a certificate of insurance to the City at the time of registration application indicating compliance with the insurance requirements set forth herein and naming the City as an additional insured on the insurance coverage. The insurer shall be obliged to give not less than thirty days' written notice to the City before any cancellation or termination of the policy earlier than its expiration date. Cancellation of or failure to maintain the insurance automatically cancels the operator's registration. I epd worn: fiklordinarceshow ordirancehow ord n nce draft sin- ferseewf!d- feth1i 41 93.04 - 3 - Proposed towing ordinance - C. Driskell Draft 36, ary- 2OMarch 4, 2004 Section 6. Registration Suspension and Revocation. A. A tow operator's registration with the City will be suspended or revoked if the tow operator does any of the following: 1. Operates or permits the operation of a tow truck by a driver not having a valid driver's license required by state law for tow operators, or whose required license has been suspended or revoked; 2. Fails to maintain in full force and affect the insurance required in this Ordinance; 3. Fails to comply with the requirements of this Ordinance; 4. Authorizes any person to drive a tow truck that is not equipped as required by 1 this °Ordinance or state law, as currently enacted or hereafter amended; 5. Falsifies any information on the application, or information required to be kept or submitted to the City by this Ordinance; 6. Allows the registration certificate issued by the Department of Licensing to lapse, or if such certificate is suspended or revoked; 7. Operated or permitted the operation of the tow truck while the driver is using or in possession of alcohol or controlled substances, during its operation; 8. Engaged in unfair methods of competition and/or unfair or deceptive acts or practices in the operation of a tow business. Section 7. Suspension, Revocation - Hearings and Appeals. A. "Suspension" of a registration means that the Citv authorized registered tower's operator's privilege to perform police - initiated ushhessim ounds is barred for a specific period of time within the City. A suspended registration may be reinstated upon the lapse of a specified period of time or by correcting the deficiencies. • 13. "Revocation" of a registration means that the registration has been canceled. A 1 registered - Cite- authorized tow- erepeFat€w whose registration has been revoked cannot have his/her registration reinstated, but must comply with all conditions of revocation including reapplying for a new registration. C. When the Giiy- C- lerkChief of Police obtains information from which he/she believes a violation of this Ordinance has occurred, the City CkfkChief of Police shall provide the City - authorized towerr with a notice of proposed suspension /revocation which shall provide notification to the towerr-e —taw eperator: that a hearing will be held on whether to revoke or suspend the registration at a cpd work filelordinnncca/tow ordinancefow ordinance draft t reesj et- seeoted•reodirrg±s— O4 - 4 - Proposed towing ordinance-C. Driskell Draft 36, Jenua y 2OMarch 4, 2004 time or date determined by the Gity- Rearing ExaminerChief of Police. The notice of proposed suspension/revocation will be sent to the towerregistered -tow-epee at the address listed on the registered -tow opefater's application. It is the City - authorized towerFe 's duty to keep the address information on the application current at all times. In the event the tower r-egistered--tow- epereto -fails to attend the hearing, the registration will automatically be revoked/suspended. Any revocation /suspension will not be effective until the Gity- olerkChief of Police makes a determination following the hearing. D. The Chief of PoliceGity-14ear-ing-Smuniner will conduct the hearing pursuant to the provisions of SpE kusne-Vitl ley Ordin ailee -low -7 -the Tow Operator Hearing Rules, as currently adopted or hereafter amended. If such Hearing.Rules are not currently adopted, the Chief of Police shall draft and adopt Hearing Rules forthwith. The Chief of Police b shall determine if the Cite- authorized tower'stow operator's registration should be suspended or revoked, and determine the conditions of reinstatement, if any on a suspension. E. Notwithstanding subsections C and D of this section, a registration suspension /revocation shall become effective immediately without the benefit of any presuspensionlrevocation hearing.when the Gity- GlerliChief of Police determines that any of the following has occurred: 1. the operator has failed to maintain in full force and effect the insurance required in this Ordinance; 2. the operator has allowed the registration certificate from the Washington State Department of Licensing to lapse; 3. if such registration certificate from the Washington State Department of Licensing is suspended or revoked; 4. the registrar has operated or permitted the operation of a tow truck for police - initiated impounds by an unlicensed driver or by a driver whose license has been suspended or revoked. ' F. Upon revocation/suspension of any registration issued pursuant to this Ordinance, or the denial of any registration regulated by this Ordinance, an appeal may be filed in Spokane County Superior Court p suant— topelane- alley— Ordin =l+le. 57- within t,yen r -one (21) days of final agency action. It is unlawful for any person whose registration has been revoked or suspended to keep the registration issued to him/her in his/her possession or under his control, and the same I shall immediately be surrendered to the City ClerkChief of Police. When revoked, the registration shall be canceled, and when suspended, the Gity -Gler4 .hief of Police shall retain the same during the period of suspension. cpd eyed: fte /ordinanceshow ordinanc ft w ordinance draft Itutosigenaeoensdsetediag 4- 3401 -04 - 5 - Proposed towing ordinance- C. Driskell Draft 36, 3entnaff-?BMarch 4, 2004 Section 8. Compliance with Laws, Rules and Regu lations. All City - authorized towersre ed- tew -epefa Ews shall operate their towing business and conduct their police - initiat impound operations in accordance with all applicable laws of the state and all applicable rules and regulations of the Washington State Department of Licensing and the Washington State Patrol. Specifically, all Registered Business Owners/licensees shall comply with RCW Chapter 46.55, WAC Chapter 308 -61, and G- Chapter -04 91 the State Patrol fee Schedule:, all as currently adopted or hereafter amended. Section 9. Secure Storage Facility. All itv- authorized towersre„ istered -tE w operates performing police - initiated impounds shall maintain a building that the business occupies, either continuously or at regular times, where tow business books and records are kept and towing business is transacted All towing businesses subic to thi. Ordu rance shall maintain a secure storage facility approved by the Washington State Patrol for the purpose of securely storing towed vehicles. -e- place- ef-husineas and -Phe storage fag- ity-te.a4 -in- separate-- Ieeatietis- 1.1ewever 4] he storage facility must be located within the city limits of Spokane Valley to ensure convenience to City residents in the retrieval of+mpeunded- vehicles impounded at the direction of the police department. The place of business and storage facility shall comply with all applicable state laws and regulations. All vehicles impounded within the City as a police- initiated impound shall be placed within the storage facility of the towing business performing the impound, and shall remain within the storage facility until disposal or duly authorized order for release of the vehicle. Section 10. Towers Reistcred Tow ? tors Authori ed for Police ]pounds. A. The police Odepartment is authorized to establish and maintain a list of City - authorized tower whethat are qualified for police - initiated impounds. City- authorized towerPegistered- tow - operators who meet all of the following criteria shall qualify for police impounds and be put on the police tow list: 1. meet all other requirements for registration under this Ordinance; 2. possess a current letter of appointment from the Washington State Patrol for Zone 2; 3. sign a contract with the City that the tow operator agrees to perform junk vehicle tows pursuant to Spokane Valley Ordinance No. 67 as adopted or amended; 4. pay the annual registration fee. This fee shall be set by resolution of the City Council. The registration shall expire on December 31st of the year for which the license cpd work fitdotdinancesitow• ordiadatcftow ordinance draft thwe zeforseano!-readie€ -2484.04 - 6 - Proposed towing ordinance — C. Driskell Draft 36, lanattph?8March 4, 2004 was issued and there shall be no prorating of the license fee. The registration fee is a cost recovery mechanism for contract administration; and 5. h . o i twithin--the -G ty of Spokane Vnfkc - ate - all -pr rt} front Felice- irpeund treed- The police tow list shall be reviewed at least annually to determine if each registered towertow -epe ester listed thereon still possesses a current letter of appointment. City - authorized towersReeistarederaters qualified for police impounds shall be rated class A registered tow operators. B. Class A List. 1. The list of qualified class A registered towing businesses kept pursuant to this Ordinance shall be used in connection with thenolice- initiated impoundi+ s within the. City, _or rernevak- ofdisabled- er- nbandoned- vehicles OF- � .chides- which -m eunded under-previsions- af-law by order-of-the police. 2. When a person makes a request to the 2Police Ddepartment or police dispatcher for towing services when the vehicle is not subject to police- initiated impound, the request shall be treated as a non - preference matter and the request shall be referred to a qualified class A registered tow operator in the same manner as if the police were requesting the towing service pursuant to an-a police - initiated impound. C. All referrals under subsection B of this section shall be distributed on a rotation basis among qualified class A registered tow operuterCity- authorized towers who have Wined a contract with netified- thethe ppolice ddepartment in-writing -e` ngness pursuant to subsection A(3) of this Section. D. Nlracept in regard -t oumds- nothing in this Ordinance shall be construed to preclude any person from requesting the services of a registered- towing business of their choice, unless in the opinion of the ppolice ddepartment, accommodating such request would result in undue delay or the maintenance of a hazardous situation or condition. F. Class A City- authorized towerreg ow- epereters shall observe the following practices and procedures when engaged in police - initiated impounds: 1. When called by the ppolice ddepartment, the tow tuck eperatc business will dispatch a tow truck from- within he -Gity- within five minutes and be moving in-the City within ten minutes during normal business hours; I 2. Tow trucks dispatched at the request of the petrelpolice department after normal business hours will he the move within-the Gity - within twenty minutes after receiving the call; 3. The tow truck that is dispatched will arrive at the stated location within a I cpd wort file/arditt:stccshow ordinanceftow utdinnnco draft three six -f eeir!:l —ding a,1- Z0 - 7 - Proposed towing ordinance - C. Driskell Draft 36.3anuaFy- 2(3March 4 200 reasonabl g- dicta , .«and-weuther- eenditiens;thirty (30) minutes; 4. if for any reason a tow- eperaterCity- authorized tower is unable to dispatch a tow truck within the stated time or if the dispatched truck will be delayed for any reason, the operator shall so advise the police ddepartment stating the reason and estimated time of arrival. In the event the tow truck fails to arrive at the scene within a reasonable time, the peliee- policee ddepartment will contact another tow operator to respond to the scene and will cancel the original tow; 5. A tow- eperaterCity- authorized tower on rotation who is unable to dispatch or arrive within the times stated in subsections 1, 2, 3 and 4 of this section will forfeit his turn and be placed at the bottom of the rotation list as if he had responded; 6. Consistent refusal or failure of the class A registered tow operator to respond to calls from the police department for towing services may result in the removal from the list of qualified class A City- authorized towersre2, tere- tow- opefaters; 7. The City - authorized towertow opperater shall advise the police department when the tow company is temporarily unavailable to respond to rotational calls with a class A, B or C tow truck. Unavailability may occur due to conditions such as, but not limited to, other tow truck commitments, tow truck disabled and/or under repair, unforeseen driver shortage due to illness, etc. The period of unavailability may last less than an hour or much longer. The tow operator will give the reason for unavailability and approximately when the company will be available to respond to calls;: The tow company will be removed from the rotational list and will not be called until the operator advises the police department that the company is once again able to respond to calls with an A, B or C class truck. In all such cases, the tow company will resume its nonnal position on the rotational list without regard to any missed calls or its position prior to being unavailable; • 8. The tow operator will advise the police department whenever a private call is received for tow with circumstances that indicate that the tow is for a vehicle which has been involved in an accident.. incident- oF-eg uiptoer+t eakdewn on the public roadway. The tow operator also will advise the police department of all private calls to motor vehicle accidents on private property resulting in bodily injury or death; 9. The tow operator will notify the police department before moving any vehicle involved in an accident on a public highway or street under the jurisdiction of the police department or where it appears that the driver of the vehicle to be moved is under the influence of intoxicants or drugs, or is otherwise incapacitated;: 10. When the police department is in charge of an accident scene or other such incident, a tow operator shall not respond to the scene unless his services have been specifically requested by the police department, the driver/owner, or his agen l 1 cpd wort fildonitlLMC[show ordinance ow =Ermine draft thre k'Popleewtd'f29difM 12 -- 34 -Q4 - 8 - Proposed towing ordinance — C. Driskell Draft 36 Januat30ylarch 4, 2004 11. The tow operator shall be available, or will ensure that specific employees are available, twenty-four hours a day for the purpose of receiving calls or arranging for the release of vehicles. This does not rextuire the tow operator to maintain a Staffed facility twenty -four hours a day. only to have staff available to receive calls twenty -four hours a day. _Business hours will be posted conspicuously at the operator's place of business so they can be seen during business hours and non - business hours ;: 12. The operator shall post a current copy of tow and storage rates arisinng from police- initiaied krwsimp in the following locations: a. At the entrance to the place of business, in a conspicuous location, plainly visible and readable by members of the public, whether the business is open or closed, If, in order to meet this requirement, the rate sheet trust be placed in a location, exposed to the elements, it shall be.protected so as to remain legible;: b. Inside the business location, where business is commonly transacted. The rate sheets shall be posted in such manner as to be clearly and plainly visible and readable at all times by customers of the business;-. c. A copy of the current rates will be sent to the police department. Notice of any change(s) in service rates will be forwarded to the police department at least ten days before the effective date of the changes) ;: d. In the event that an operator has only a class B truck and utilizes it for class A and B type tows, the operator shall file a rate sheet that specifies the rates charged for the different types of tows;: Whenever any operator utilizes a larger truck than the towed vehicle warrants, the operator shall charge fees based on the size of the towed vehicle, not the size of the truck used. Example: A class C truck is used, at the operator's discretion, to tow a class B truck size vehicle. The fees charged shall be those for a class B, not a class C. . 13. Charges made for towing services arising from calls initiated by the police department shall be consistent with charges made for similar services performed at the 1 request of the general public,: 14. Unless other arrangements are made with commissioned police personnel at I the scene, all vehicleti— impounded by order of the police departmentvehicles shall be taken to the tow operator's nearest approved storage location within the City;: 15. The tow operator will maintain, for three years, records on towed and released vehicles that were towed at the request of the police department. This record will include, but is not to be limited to: a. An itemized receipt of all charges for the services provided; I cpd work riteloidinanceskow radiance :ow ordinance drat itt seam- remeco,ul -ee idta la- 20441 - 9 - Proposed towing ordinance — C. Driskell Draft 36, ,ktnu wy- 28March 4, 2004 b. An inventory sheet or copy thereof made out by the police officer at the scene of the tow and signed by the operator; c. All other records required by the police department. Such records will be available for inspection by the police department during normal business hours at the operator's place of business;: 16. The tow operator will sign an inventory sheet made out by die police officer at the scene. The tow operator shall obtain from the officer, and the officer shall provide, a signed authorization for the impound as required by RCW 46.55.080(2); , 17. Tow operators shall perform towing tasks competently according to a reasonable standard of care within the towing industry;: 18. No tow operttecCity- authorized tower, employee or agent shall misappropriate, wrongfully convert to his/her own use, or abuse property belonging to another and entrusted to his/her care or storage: 19. Tow truck operators will use emergency lights to warn other motorists only when at the scene of accidents, disabled vehicles and /or recoveries. Such lighting shall not be used when traveling to or from the scene;: 20. Tow truck operators shall be responsible for cleaning accident/incident scenes of all vehicle glass and debris follows: 21. Specific operating restrictions and/or requirements, by truck class, are as a. The standard air brake release tools (caging stud assemblies) required to be carried in the class Band C trucks shall be used, whenever necessary, to preserve potential evidence involving brake equipment or adjustment settings. When an tow truck operator is attempting to move a vehicle equipped with locked spring parking brakes that cannot be released by external air supply, the caging assemblies shall be used to release the brake tension. Under no circumstances shall the towed vehicle's brake assemblies or adjustments be moved or disturbed in any way that will prevent later determination of the pre - accident or incident settings. b. Class B trucks in excess of twenty -three thousand pounds gross vehicle weight rating need not carry dollies when towing or recovering heavy vehicles. c. Class D and E and S trucks shall not be used to respond to initial calls unless 1 cpd week rilelordinnreshrnv ordinaneettow ordinance draft ttuso ia-feroeoaxl•rendiI 42,4(44 -o4 - 10 - Proposed towing ordinance —C. Driskell 1 Draft 3C, Jnnut►ry 20March 4, 2004 specifically authorized by police personnel at the scene or by local written policy approved by the eChief of pPolice. d. Class E trucks shall: When used for multiple vehicle towing/recovery (one on bed, one in tow), all invoice charges shall be evenly divided between the vehicles so transported; ii. Not be operated in excess of either gross vehicle weight rating or purchased tonnage weight limits; iii. Be required to carry its portable lights only when used in a towing mode. 22. Whenever a special event or overflow storage lot is approved by the police department, the eperaterCity- authorized tower shall maintain personnel at the lot twenty - four hours per day for security and vehicle and /or personal property release. If necessary, reimbursement for such labor shall be part of the contract for the special event, if appropriate, or by amended storage rates with a waiver of the ten -day rate change notice requirement approved by the police department,: At the conclusion of a special event or overflow situation, all vehicles not reclaimed by the owner shall be towed to the epeFate - sCity- authorized tower's regular storage facility and processed in the normal fashion. No additional fee shall be charged for towing the vehicle from the overflow lot to the regular facility, 23. All work performed by the operator and /or employee shall be in the most professional and expeditious manner. All invoices and other required forms shall be completed accurately and promptly. P. Records kept on City of Spokane Valley police - initiated impounds: ncluding - alt ser fees rendered at- e- request- of -the _' r . - - - shall be available for inspection by the police department during normal business hours. Section 11. Drivers. All drivers must be a least eighteen years of age, possess a valid Washington operator's license with the proper class of commercial driver's license where required, and be able to demonstrate that he /she is covered by the insurance policy of the towing business specified in Section 5 of this Ordinance. Section 12. Soliciting Business. It is unlawful for any person to drive or operate a tow truck on any public street or way open to the public for the purpose of soliciting business, without having been called to the location of an accident, disabled vehicle or impound by the owner or operator of the vehicle, his authorized agent or the ,oi lice. cpd work rilelord nancesltow ordinanedtow ordinatuee draft Offeeaix- kn- aetwed- reeding 42 -a0y14 - 1 1 - Proposed towing ordinance - C. Driskell 1 Draft 36 January ?9March 4, 2004 Section 123. Sseheiting- Business t- is -unlawful-fer any- petsen -to- drive -or operate -n-t pu n- to -tla anon of an accident, disabled- vehio! , wne hiele leis- euther+zetl gent or the- peliee. Seetion 13. Fees Chareed by Tow Operator for Police - Initiated slmpounds. The schedule of maximum fees shall conform to, and not be more than, the schedule of maximum fees then in effect by the Washington State Patrol. The schedule of maximum fees may be adjusted periodically by the police chief to conform to any adjustments made by the Washington State Patrol to its schedule of maximum fees. Any class A licensee shall not exceed the fees of such schedule for services rendered at the request of the police department or its dispatcher. Charging fees in excess of those specified in the fee schedule, or charging for services not actually rendered, may result in suspension from the list of class A City- authorized tower- erect to w operators nuther.3.zed- for- peliee- iinpetunds. Private impound fees are set by the registered business operator and recorded with the Department of Licensing in accordance with Washington State Patrol guidelines, and are not intended to be covered by this Ordinance. Section 144. No Vested Right to do Police - initiated Impounds. Nothing -in -this chapter shaII-presofibe th C: f _n _ ' ... - . C . " Fator-S-fer-fecti: se personnel - and- equipment. It is the intent of this ehapterOrdinance to establish certain requirements for tow businesses and -these registered tow operators - authorized to do police - initiated impounds, but not to vest any specific rights to do police - initiated impounds or other police - requested towing services. Section 155. Violation - Penalty. A. Injunctive Action. Any violation of the provisions of this Ordinance constitutes a public nuisance, which the City can abate through the provisions of Spokane Valley Ordinance No. 83. B. Suspension/Revocation. Any violation of the provisions of this Ordinance may be grounds for suspension or revocation of a tow operator's registration with the City, 1 pursuant to Suction 7 of this Ordinance. C. Provisions Nonexclusive. Penalty and enforcement provisions provided in this chapter are not exclusive, and the City may pursue any remedy or relief it deems appropriate. Passed on this day of 4anuaryMarch, 2004. zlxl nark iilclordinancesltow nrdinnncu4ow ardiitmx drufi E1recief r- or.utal sstg 4244-04 - 12 - Proposed towing ordinance — C. Driskell I Draft 36, Jantfayj30March 4 200 ATTEST: City Clerk, Chris Bainbridge APPROVED AS TO FORM: Deputy City Attorney, Cary P. Driskell Date of Publication: Effective Date: Mayor, Michael DeVleming cpd wort fk?ordinnncu/towordinanc howordinancedraft+ teergs- fof-eeoond .rending+3?1ig-04 - 13 - Proposed towing ordinance — C. Driskell Draft 6, March 4, 2004 CITY OF SPOKANE VALLEY SPOKANE COUNTY WASHINGTON ORDINANCE NO. 04 -001 AN ORDINANCE OF THE CITY OF SPOKANE VALLEY, WASHINGTON, ESTABLISHING POLICE- INITIATED IMPOUND TOWING REGULATIONS FOR THE CITY OF SPOKANE VALLEY. WHEREAS, RCW 46.55.240 provides statutory authority for cities to adopt tow ordinances; and WHEREAS, the City of Spokane Valley desires to adopt a tow ordinance to provide a set of minimum safety guidelines by which tow operators must comply while performing police - initiated impounds in the City of Spokane Valley. NOW, THEREFORE, the City Council of the City of Spokane Valley, Washington, ordains as follows: Section 1. Intent. The City of Spokane Valley (hereafter referred to as "the City ") declares that the provisions of this Ordinance shall be deemed an exercise of power of the City to protect the health, safety and welfare of its citizens. Therefore, the intent of this Ordinance is that all persons performing police - initiated impounds within the corporate limits of the City as hereinafter defined shall be subject to the provisions of this Ordinance. Section 2. Definitions. A. In construing the provisions of this Ordinance, except where otherwise plainly declared or clearly apparent from the context, words used in this Ordinance shall be given their common and ordinary meaning and in addition, the following definitions shall apply: 1. "Chief of Police" means the Chief of Police of the City of Spokane Valley, or his/her designee. 2. "City" means the City of Spokane Valley. 3. "City - authorized tower" means a towing service having a valid and current registration filed with the City authorizing the furnishing of towing services. 4. "impound" means the taking of a vehicle into legal custody, pursuant to law. cpd work file /ordinances/tow ordinance /tow ordinance draft six 3-4 -04 - 1 - Proposed towing ordinance — C. Driskell Draft 6, March 4, 2004 CD 5. "junk vehicle impound" means the vehicle has been impounded at the direction of a public official (or designee thereof) pursuant to the City's Junk Vehicle Ordinance, No. 03 -067 as adopted or hereafter amended. 6. "police" means any authorized agent of the City of Spokane Valley Police Department or other law enforcement agency having jurisdiction. 7. "police department" means the City of Spokane Valley Police Department. 8. "police- initiated impound" means the vehicle has been impounded at the direction of a police officer of the City. Police- initiated impounds do not include impounds ordered for evidentiary purposes by the Spokane County Sheriff Department. 9. "private impound" means the vehicle has been impounded at the direction of a person having control or possession of the private property upon which the vehicle was located. This Ordinance is not intended to cover private impounds. 10. "registered tow truck operator" means any person who engages in the impounding, transporting, or storage of unauthorized vehicles or the disposal of abandoned vehicles. RCW 46.55.010(6) 11. "tow truck" means a vehicle designed or intended to tow vehicles, which are disabled by mechanical failure or physical damage or being impounded pursuant to law. Section 3. Registration Required. It is a misdemeanor, punishable by a fine of not more than one thousand dollars and/or imprisonment for not more than ninety days, for any person, corporation, partnership, joint venture or other business entity to perform police - initiated impounds within the corporate limits of the City without having a valid and current tow operator registration with the City. Such a registration shall not be transferable. Upon a sale or transfer of the towing business, a new registration with authorization must be obtained as provided in this chapter. The registration required by this chapter is in addition to a general business license required by this state, and the regulations established in this chapter are supplemental to the registration requirements of the State of Washington. Section 4. Application for Tow Operator Registration. Application to become a city - authorized tower must be made in writing on an application form furnished by the Police Department, and must be filed with the Chief of Police. The application shall include complete information concerning the ownership of the business, the number and type of vehicles to be operated, the name under which the applicant intends to operate, the legal form of the business entity operating the business, the office address of the towing business, the address of any storage facilities, the name and address of the person in charge of the business plus any additional information reasonably required by the Chief of Police. The applicant shall also furnish with the application a current registration certificate from the Washington State Department of Licensing pursuant to RCW 46.55.020 as adopted or hereafter amended, and a current letter of appointment cpd work rile /ordinances /tow ordinance /tow ordinance draft six 3-4 -04 - 2 - Proposed towing ordinance — C. Driskell Draft 6, March 4, 2004 from the equipment and standards review section of the Washington State Patrol. The Chief of Police shall determine whether all requirements have been met and information furnished as required by the provisions of this Ordinance. All equipment and master log used in the towing business for police - initiated impounds shall be available for inspection by the police department during reasonable business hours. Section 5. Proof of Insurance. A certificate of insurance must be filed with the Chief of Police at the time the application is filed. Insurance coverage shall be in the minimum limits of one million dollars ($1,000,000.00) per vehicle combined single limits for bodily injury and property damage liability per occurrence. The certificate of insurance shall indicate the operator's extent of coverage, limits and the expiration date of said policy. Such insurance as is required in this Ordinance shall be maintained in full force and effect for the full period be covered by the tow business registration applied for. Applicant shall submit a certificate of insurance to the City at the time of registration application indicating compliance with the insurance requirements set forth herein and naming the City as an additional insured on the insurance coverage. The insurer shall be obliged to give not less than thirty days' written notice to the City before any cancellation or termination of the policy earlier than its expiration date. Cancellation of or failure to maintain the insurance automatically cancels the operator's registration. Section 6. Registration Suspension and Revocation. A. A tow operator's registration with the City will be suspended or revoked if the tow operator does any of the following: 1. Operates or permits the operation of a tow truck by a driver not having a valid driver's license required by state law for tow operators, or whose required license has been suspended or revoked; 2. Fails to maintain in full force and affect the insurance required in this Ordinance; 3. Fails to comply with the requirements of this Ordinance; 4. Authorizes any person to drive a tow truck that is not equipped as required by this Ordinance or state law, as currently enacted or hereafter amended; 5. Falsifies any information on the application, or information required to be kept or submitted to the City by this Ordinance; 6. Allows the registration certificate issued by the Department of Licensing to lapse, or if such certificate is suspended or revoked; 7. Operated or permitted the operation of the tow truck while the driver is using or in possession of alcohol or controlled substances, during its operation; cpd work file /ordinances /tow ordinance/tow ordinance draft six 3-4-04 - 3 - Proposed towing ordinance — C. Driskell Draft 6, March 4, 2004 8. Engaged in unfair methods of competition and/or unfair or deceptive acts or practices in the operation of a tow business. Section 7. Suspension, Revocation - Hearings and Appeals. A. "Suspension" of a registration means that the City authorized tower's privilege to perform police - initiated impounds is barred for a specific period of time within the City. A suspended registration may be reinstated upon the lapse of a specified period of time or by correcting the deficiencies. B. "Revocation" of a registration means that the registration has been canceled. A City- authorized tower whose registration has been revoked cannot have his/her registration reinstated, but must comply with all conditions of revocation including reapplying for a new registration. C. Whet the Chief of Police obtains information from which he /she believes a violation of this Ordinance has occurred, the Chief of Police shall provide the City - authorized tower with a notice of proposed suspension/revocation which shall provide notification to the tower that a hearing will be held on whether to revoke or suspend the registration at a time or date determined by the Chief of Police. The notice of proposed suspension/revocation will be sent to the tower at the address listed on the application. It is the City - authorized tower's duty to keep the address information on the application current at all times. In the event the tower fails to attend the hearing, the registration will automatically be revoked/suspended. Any revocation/suspension will not be effective until the Chief of Police makes a determination following the hearing. D. The Chief of Police will conduct the hearing pursuant to the provisions of the Tow Operator Hearing Rules, as currently adopted or hereafter amended. If such Hearing Rules are not currently adopted, the Chief of Police shall draft and adopt Hearing Rules forthwith. The Chief of Police shall determine if the City - authorized tower's registration should be suspended or revoked, and determine the conditions of reinstatement, if any on a suspension. E. Notwithstanding subsections C and D of this section, a registration suspension/revocation shall become effective immediately without the benefit of any presuspension/revocation hearing when the Chief of Police determines that any of the following has occurred: 1. the operator has :failed to maintain in full force and effect the insurance required in this Ordinance; 2. the operator has allowed the registration certificate from the Washington State Department of Licensing to lapse; 3. if such registration certificate from the Washington State Department of Licensing is suspended or revoked; cpd work file /ordinances/Low ordinance /tow ordinance draft six 34 -04 - 4 - Proposed towing ordinance — C. Driskell Draft 6, March 4, 2004 4. the registrar has operated or permitted the operation of a tow truck for police - initiated impounds by an unlicensed driver or by a driver whose license has been suspended or revoked. F. Upon revocation /suspension of any registration issued pursuant to this Ordinance, or the denial of any registration regulated by this Ordinance, an appeal may be filed in Spokane County Superior Court within twenty -one (21) days of final agency action. It is unlawful for any person whose registration has been revoked or suspended to keep the registration issued to him/her in his/her possession or under his control, and the same shall imalediately be surrendered to the Chief of Police. When revoked, the registration shall be canceled, and when suspended, the Chief of Police shall retain the same during the period of suspension. Section 8. Compliance with Laws. Rules and Regulations. All City - authorized towers shall operate their towing business and conduct their police - initiated impound operations in accordance with all applicable laws of the state and all applicable rules and regulations of the Washington State Department of Licensing and the Washington State Patrol. Specifically, all Registered Business Owners /licensees shall comply with RCW Chapter 46.55, WAC Chapter 308 -61, and the State Patrol fee . schedule, all as currently adopted or hereafter amended. • Section 9. Secure Storage Facility. All City - authorized towers performing police- initiated impounds shall maintain a building that the business occupies, either continuously or at regular times, where tow business books and records are kept and towing business is transacted. All towing businesses subject to this Ordinance shall maintain a secure storage facility approved by the Washington State Patrol for the purpose of securely storing towed vehicles. The storage facility must be located within the city limits of Spokane Valley to ensure convenience to City residents in the retrieval of vehicles impounded at the direction of the police department. The place of business and storage facility shall comply with all applicable state laws and regulations. All vehicles impounded within the City as a police- initiated impound shall be placed within the storage facility of the towing business performing the impound, and shall remain within the storage facility until disposal or duly authorized order for release of the vehicle. Section 10. Towers Authorized for Police Impounds. A. The police department is authorized to establish and maintain a list of City - authorized towers that are qualified for police- initiated impounds. City - authorized towers who meet all of the following criteria shall qualify for police impounds and be put on the police tow list: cpd work file/ordinances/tow ordinance tow ordinancc daft six 3-4 -04 - 5 - Proposed towing ordinance — C. Driskell Draft 6, March 4, 2004 1. meet all other requirements for registration under this Ordinance; 2. possess a current letter of appointment from the Washington State Patrol for Zone 2; 3. sign a contract with the City that the tow operator agrees to perform junk vehicle tows pursuant to Spokane Valley Ordinance No. 67 as adopted or amended; 4. pay the annual registration fee. This fee shall be set by resolution of the City Council. The registration shall expire on December 31st of the year for which the license was issued and there shall be no prorating of the license fee. The registration fee is a cost- recovery mechanism for contract administration; and The police tow list shall be reviewed at least annually to determine if each tower listed thereon still possesses a current letter of appointment. City- authorized towers qualified for police impounds shall be rated class A registered tow operators. B. Class A List. 1. The list of qualified class A registered towing businesses kept pursuant to this Ordinance shall be used in connection with police - initiated impounds within the City. • 2. When a person makes a request to the police department or police dispatcher for towing services when the vehicle is not subject to police- initiated impound, the request shall be treated as a non - preference matter and the request shall be referred to a qualified class A registered tow operator in the same manner as if the police were requesting the towing service pursuant to a police - initiated impound. C. All referrals under subsection 13 of this section shall be distributed on a rotation basis among qualified class A City- authorized towers who have signed a contract with the police department pursuant to subsection A(3) of this Section. D. Nothing in this Ordinance shall be construed to preclude any person from requesting the services of a towing business of their choice, unless in the opinion of the police department, accommodating such request would result in undue delay or the maintenance of a hazardous situation or condition. E. Class A City- authorized towers shall observe the following practices and procedures when engaged in police - initiated impounds: 1. When called by the police department, the tow business will dispatch a tow truck within five minutes and be moving within ten minutes during normal business hours; 2. Tow trucks dispatched at the request of the police department after normal business hours will be on the move within twenty minutes after receiving the call; cpd work filefordinaneesftow ordinann /tow ordinance draft six 3 -4 -04 - 6 - Proposed towing ordinance — C. Driskcll Draft 6, March 4, 2004 3. The tow truck that is dispatched will arrive at the stated location within thirty (30) minutes; 4. if for any reason a City - authorized tower is unable to dispatch a tow truck within the stated time or if the dispatched truck will be delayed for any reason, the operator shall so advise the police department stating the reason and estimated time of arrival. In the event the tow truck fails to arrive at the scene within a reasonable time, the police department will contact another tow operator to respond to the scene and will cancel the original tow; 5. A City - authorized tower on rotation who is unable to dispatch or arrive within the times stated in subsections 1, 2, 3 and 4 of this section will forfeit his turn and be placed at the bottom of the rotation list as if he had responded; 6. Consistent refusal or failure of the class A registered tow operator to respond to calls from the police department for towing services may result in the removal from the list of qualified class A City - authorized towers; 7. The City - authorized tower shall advise the police department when the tow company is temporarily unavailable to respond to rotational calls with a class A, B or C tow truck. Unavailability may occur due to conditions such as, but not limited to, other tow truck comnutments, tow truck disabled and/or under repair, unforeseen driver shortage due to illness, etc. The period of unavailability may last less than an hour or much longer. The tow operator will give the reason for unavailability and approximately when the company will be available to respond to calls; The tow company will be removed from the rotational list and will not be called until the operator advises the police department that the company is once again able to respond to calls with an A, B or C class truck. In all such cases, the tow company will resume its normal position on the rotational list without regard to any missed calls or its position prior to being unavailable; 8. The tow operator will advise the police department whenever a private call is received for tow with circumstances that indicate that the tow is for a vehicle which has been involved in an accident on the public roadway. The tow operator also will advise the police department of all private calls to motor vehicle accidents on private property resulting in bodily injury or death; 9. The tow operator will notify the police department before moving any vehicle involved in an accident on a public highway or street under the jurisdiction 'of the police department or where it appears that the driver of the vehicle to be moved is under the influence of intoxicants or drugs, or is otherwise incapacitated; 10. When the police department is in charge of an accident scene or other such incident, a tow operator shall not respond to the scene unless his services have been cpd work file /ordinances/tow ordinance/tow ordinance draft six 3-4-04 - 7 - Proposed towing ordinance — C. Driskell Draft 6, March 4, 2004 specifically requested by the police department, the driver /owner, or his agent; 11. The tow operator shall be available, or will ensure that specific employees are available, twenty -four hours a day for the purpose of receiving calls or arranging for the release of vehicles. This does not require the tow operator to maintain a staffed facility twenty -four hours a day, only to have staff available to receive calls twenty-four hours a day. Business hours will be posted conspicuously at the operator's place of business so they can be seen during business hours and non - business hours; 12. The operator shall post a current copy of tow and storage rates arising from police- initiated impounds in the following locations: a. At the entrance to the place of business, in a conspicuous location, plainly visible and readable by members of the public, whether the business is open or closed. If, in order to meet this requirement, the rate sheet must be placed in a location, exposed to the elements, it shall be protected so as to remain legible; b. Inside the business location, where business is commonly transacted. The rate sheets shall be posted in such manner as to be clearly and plainly visible and readable at all times by customers of the business; c. A copy of the current rates will be sent to the police department. Notice of any change(s) in service rates will be forwarded to the police department at least ten days before the effective date of the change(s); d. In the event that an operator has only a class B truck and utilizes it for class A and 13 type tows, the operator shall file a rate sheet that specifies the rates charged for the different types of tows; Whenever any operator utilizes a larger truck than the towed vehicle warrants, the operator shall charge fees based on the size of the towed vehicle, not the size of the truck used. Example: A class C truck is used, at the operator's discretion, to tow a class B truck size vehicle. The fees charged shall be those for a class B, not a class C. 13. Charges made for towing services arising from calls initiated by the police department shall be consistent with charges made for similar services performed at the request of the general public; 14. Unless other arrangements are made with commissioned police personnel at the scene, all vehicles impounded by order of the police department shall be taken to the tow operator's nearest approved storage location within the City; 15. The tow operator will maintain, for three years, records on towed and released vehicles that were towed at the request of the police department. This record will include, but is not to be limited to: cpd work file /ordinances/tow ordinance /tow ordinance draft six 3-4-04 - 8 - Proposed towing ordinance — C. Driskell Draft 6, March 4, 2004 a. An itemized receipt of all charges for the services provided; b. An inventory sheet or copy thereof made out by the police officer at the scene of the tow and signed by the operator; c. All other records required by the police department. Such records will be available for inspection by the police department during normal business hours at the operator's place of business; 16. The tow operator will sign an inventory sheet made out by the police officer at the scene. The tow operator shall obtain from the officer, and the officer shall provide, a signed authorization for the impound as required by RCW 46.55.080(2); 17. Tow operators shall perform towing tasks competently according to a reasonable standard of care within the towing industry; 18. No City - authorized tower, employee or agent shall misappropriate, wrongfully convert to his/her own use, or abuse property belonging to another and entrusted to his/her care or storage; 19. Tow truck operators will use emergency lights to warn other motorists only when at the scene of accidents, disabled vehicles and/or recoveries. Such lighting shall not be used when traveling to or from the scene; 20. Tow truck operators shall be responsible for cleaning accident/incident scenes of all vehicle glass and debris; follows: 21. Specific operating restrictions and/or requirements, by truck class, are as a. The standard air brake release tools (caging stud assemblies) required to be carried in the class Band C trucks shall be used, whenever necessary, to preserve potential evidence involving brake equipment or adjustment settings. When an tow truck operator is attempting to move a vehicle equipped with locked spring parking brakes that cannot be released by external air supply, the caging assemblies shall be used to release the brake tension. Under no circumstances shall the towed vehicle's brake assemblies or adjustments be moved or disturbed in any way that will prevent later determination of the pre- accident or incident settings. b. Class B trucks in excess of twenty -three thousand pounds gross vehicle weight rating need not carry dollies when towing or recovering heavy vehicles. cpd work Pc/ordinances/tow ordinance/tow ordinance draft six 3-4 -04 - 9 - rTh Proposed towing ordinance — C. Driskell Draft 6, March 4, 2004 c. Class D and E and S trucks shall not be used to respond to initial calls unless specifically authorized by police personnel at the scene or by local written policy approved by the Chief of Police. d. Class E trucks shall: i. When used for multiple vehicle towi.ngfrecovery (one on bed, one in tow), all invoice charges shall be evenly divided between the vehicles so transported; ii. Not be operated in excess of either gross vehicle weight rating or purchased tonnage weight limits; iii. Be required to carry its portable lights only when used in a towing mode. 22. Whenever a special event or overflow storage lot is approved by the police department, the City - authorized tower shall maintain personnel at the lot twenty -four hours per day for security and vehicle and /or personal property release. if necessary, reimbursement for such labor shall be part of the contract for the special event, if appropriate, or by amended storage rates with a waiver of the ten -day rate change notice requirement approved by the police department. At the conclusion of a special event or overflow situation, all vehicles not reclaimed by the owner shall be towed to the City - authorized tower's regular storage facility and processed in the normal fashion. No additional fee shall be charged for towing the vehicle from the overflow lot to the regular facility; 23. All work performed by the operator and/or employee shall be in the most professional and expeditious manner. All invoices and other required forms shall be completed accurately and promptly. F. Records kept on City of Spokane Valley police - initiated impounds shall be available for inspection by the police department during normal business hours. Section 11. Drivers. All drivers must be a least eighteen years of age, possess a valid Washington operator's license with the proper class of conunercial driver's license where required, and be able to demonstrate that he /she is covered by the insurance policy of the towing business specified in Section 5 of this Ordinance. Section 12. Soliciting Business. It is unlawful for any person to drive or operate a tow truck on any public street or way open to the public for the purpose of soliciting business, without having been called to the location of an accident, disabled vehicle, or impound by the owner or operator of the vehicle, his authorized agent or the police. cpd work file /ordinances /tow ordinance/tow ordinance draft six 3-4 -04 - 10 - Proposed towing ordinance — C. Driskell Draft 6, March 4, 2004 Section 13. Fees Charged by Tow Operator for Police - Initiated Impounds. The schedule of maximum fees shall conform to, and not be more than, the schedule of maximum fees then in effect by the Washington State Patrol. The schedule of maximum fees may be adjusted periodically by the police chief to conform to any adjustments made by the Washington State Patrol to its schedule of maximum fees. Any class A licensee shall not exceed the fees of such schedule for services rendered at the request of the police department or its dispatcher. Charging fees in excess of those specified in the fee schedule, or charging for services not actually rendered, may result in suspension from the list of class A City- authorized towers. Private impound fees are set by the registered business operator and recorded with the Department of Licensing in accordance with Washington State Patrol guidelines, and are not intended to be covered by this Ordinance. Section 14. No Vested Right to do Police - initiated Impounds. It is the intent of this Ordinance to establish certain requirements for tow businesses authorized to do police - initiated impounds, but not to vest any specific rights to do police - initiated impounds or other police- requested towing services. A. Injunctive Action. Any violation of the provisions of this Ordinance constitutes a public nuisance, which the City can abate through the provisions of Spokane Valley Ordinance No. 83. B. Suspension/Revocation. Any violation of the provisions of this Ordinance may be grounds for suspension or revocation of a tow operator's registration with the City, pursuant to this Ordinance. C. Provisions Nonexclusive. Penalty and enforcement provisions provided in this chapter are not exclusive, and the City may pursue any remedy or relief it deems appropriate. ATTEST: Section 15. Violation - Penalty. Passed on this day of March, 2004. City Clerk, Chris Bainbridge APPROVED AS TO FORM: cpd work file /ordinances /tow ordinance /tow ordinance draft six 3.4 -04 - 1 1 - Mayor, Michael DeVleming Proposed towing ordinance — C. Driskell Draft 6 March 4, 2004 Deputy City Attorney, Cary P. Driskell Date of Publication: Effective Date: cpd work file /ordinancesltow ordinance/tow ordinance draft six 3-4 -04 - 12 - PROPOSED DRAFT AGREEMENT T — 3 -11 -04 Title: Junk vehicle tow contract between City of Spokane Valley and "X ", Contract number "Police Tow Contract (JVTC) 04 -01. Term: Contract expires "X" (one year from date of signing) CITY: City of Spokane Valley, Washington Office of City Attorney 11707 East Sprague, Suite 106 Spokane Valley, WA 99206 Contact: Cary P. Driskell, Deputy City Attorney Phone: (509) 688 -0029 Fax: (509) 921 -1008 e -mail: criskell a CONTRACTOR: " CITY OF SPOKANE VALLEY, WASHINGTON CONTRACT FOR JUNK VEHICLE TOWS DEPARTMENT: City of Spokane Valley Police Department 12710 East Sprague Spokane Valley, WA 99216 Contact: Sergeant Martin O'Leary Phone: (509) 477 — Fax: (509) e -mail: molearyQspokanesheriff.org WHEREAS, pursuant to the provisions of Spokane Valley Ordinance No. 04 -001, this Contract is entered into on , 2004, between the City of Spokane Valley ( "City "), and )(XXXX ( "Contractor "), sometimes jointly referred to as "parties "; and WHEREAS, the parties mutually recognize the necessity for removing junk vehicles from private property due to the negative health, safety welfare impacts caused by the continued existence NOW, THEREFORE, for and in consideration of the promises set forth herein, the parties do mutually agree as follows: CONTRACT TO PERFORM JUNIK VEHICLE TOWS - 1 - PROPOSED DRAFT AGREEMENT — 3 -11 -04 SECTION ONE: SUBJECT AND PURPOSE. This contract will be used for the performance of junk vehicle tows pursuant to City of Spokane Valley Ordinance No. 03 -067 as adopted or hereafter amended. SECTION TWO: DURATION OF CONTRACT Unless otherwise agreed by the parties, the contract is for one year from the date of acceptance by the City. SECTION THREE: RESPONSI.BILITIES OF CONTRACTOR 3.1 In consideration for being placed on the tow list for City police- initiated impounds pursuant to Ordinance No. 04 -001, Contractor agrees to perform junk vehicle tows resulting from City code enforcement efforts to enforce the Junk Vehicle Ordinance as adopted or amended. 3.2 Contractor shall be required to respond to the listed address for abatement no later than 72 hours after receiving the call from the junk vehicle abatement dispatcher if there are two or less vehicles at the subject property. In the event a property has more than two junk vehicles, Contractor shall only be required to tow up to two vehicles before another Contractor is called by dispatch. Any additional tows beyond two on a property will be performed by a subsequent Contractor, and so on until all junk vehicles are removed from the subject property. In the event the entire tow list is used to remove junk vehicles from a property and junk vehicles remain on the property, the dispatcher will return to the original Contractor that was called and proceed through the tow list again until all junk vehicles are removed from a property. 3.3 After removing a junk vehicle(s) from a property, Contractor shall haul said vehicle(s) to Spaldings Auto Parts, Inc., located at 2210 North University Road, Spokane Valley, WA 99206; phone number 924 -3300. Spaldings has agreed, through a separate agreement, to receive all such junk vehicles towed pursuant to this contract. In the event a vehicle is to be towed to another facility, Contractor will be so advised prior to hooking up the junk vehicle. 3.4 Failure to perform junk vehicle tows as set forth in this contract more than two times in any six month time period shall be grounds for removal from the police - initiated tow list. SECTION FOUR: RESPONSIBILITIES OF CITY City shall be responsible for completing any necessary paperwork required by Washington State or any other governmental entity in relation to the towing and /or transferring title of any junk vehicles. CONTRACT TO PERFORM JUNK VEHICLE TOWS - 2 - PROPOSED DRAFT AGREEMENT — 3 -11 -04 SECTION FIVE: COMPENSATION There will be no monetary compensation provided by either City or Contractor under this contract. The consideration for Contractor is that Contractor will be placed on the police tow list from which Contractor will generate revenue. The consideration for City is that Contractor will assist in the removal of junk vehicles in furtherance of the health safety and welfare of the citizens of the City. SECTION SIX: MAINTENANCE OF RECORDS Contractor shall make available to the City Police Department, at any time during their normal operating hours, all records, books or pertinent information which the Contractor shall have kept in conjunction with this agreement for a period of not less than three years. SECTION SEVEN: COMPLIANCE WITH LAWS Contractor, in the performance of this agreement, agrees to comply with all applicable federal, state and local laws, ordinances and regulations. SECTION EIGHT: MODIFICATION No modification or amendment to this agreement shall be valid until the same is reduced to writing and signed by a duly authorized representative for Contractor and City. SECTION NINE: RELATIONSHIP OF THE PARTIES It is intended that an independent relationship will be created by this agreement. The City is interested only in the results to be achieved, and the conduct and control of all services or work will lie solely with the Contractor. No agent, employee, servant or otherwise of the Contractor shall be or shall be deemed to be an employee, agent, servant or otherwise of the City for any purpose, and the employees of the Contractor are not entitled to any of the benefits that the City provides for City employees. The Contractor shall be solely and entirely responsible for its acts and for the acts of its agents, employees, servants, subcontractor, or otherwise during the performance of this agreement. SECTION TEN: SEVERABILITY In the event any term or condition of this agreement or application thereof to any person or circumstances is held invalid, such invalidity shall not affect other terms, conditions, or applications of this agreement which can be given effect without the invalid term, condition, or application. To this end, the terms and conditions of this agreement are declared severable. CONTRACT TO PERFORM JUNK VEHICLE TOWS - 3 - L� PROPOSED DRAFT AGREEMENT — 3 -11 -04 SECTION ELEVEN: INTEGRATION This contract contains all the terms and conditions agreed upon by the parties. No other understanding, oral or otherwise regarding the subject matter of the contract shall be deemed to exist or to bind any of the parties. The parties have read and understand the contract and now state that no representations, promises, or agreements not expressed by the contract have been made to induce the other to execute the same. EXECUTED this day of CONTRACTOR CITY OF SPOKANE VALLEY By: By: For: CONTRACT TO PERFORM JUNK VEHICLE TOWS - 4 - E 7) CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: March 23, 2004 Item: Check all that apply: ❑ consent ® old business ❑ new business ❑ public hearing ❑ information ❑ admin. report El pending legislation AGENDA ITEM TITLE: Proposed Amendment to Chapter 14.804 — Signage Standards — Interim Spokane Valley Zoning Code. GOVERNING LEGISLATION: Spokane Valley Interim Zoning Code APPLICANT: Doug Heyamoto, AIA, Northwest Architectural Co., P.S., representing Valley Hospital and Medical Center. PREVIOUS COUNCIL ACTION TAKEN: The City Council was briefed on February 17, 2004; First Ordinance was read on February 24, 2004. BACKGROUND: The Applicant requests an amendment to allow greater flexibility in size and location of signage for hospitals located in the Urban Residential -22 (UR -22) Zone. Public uses (including hospitals) and schools located in UR -22 zones are allowed one wall sign at a maximum 32 square feet. One freestanding sign is allowed and can be 15 feet tall and 32 square feet in size. Signs measure 4 square feet or less are considered incidental and do not require a sign permit. Monument signs under 7 feet in height can be 60 square feet. The Applicant's original proposal separated hospitals from other public uses and schools. The proposal would allow hospitals in UR -22 zones to follow sign standards as allowed in commercial and industrial zones. The Planning Commission considered the proposed amendment' at a public hearing on January 22, 2004. At the hearing, Planning Staff presented an alternative amendment, allowing larger wall signage but no change to freestanding signage. Staff also recommended not separating hospitals from other public uses and schools. During public testimony, the Applicant supported Staff's recommendation. After hearing public testimony, the Commission voted unanimously to recommend that the City Council adopt the amendment as proposed by Planning Staff. PLANNING COMMISISON RECOMMENDATION: The Planning Commission's recommendation (attached) allows greater wall signage for all public uses and schools located in the UR -22 zone. STAFF ANALYSIS: Planning Staff agrees that wall sign regulations for hospitals in the UR -22 Zones are too restrictive. Schools, police stations and fire stations are all public uses that arguably should be treated similarly to hospitals. The Planning Commissions recommendation allows wall signs regulations for public uses and schools located in the UR -22 zone as permitted in all commercial and industrial zones. Proposed regulations would allow schools and other public uses (including hospitals) wall signs not exceeding 25% of the total wall area, or a maximum of 250 square feet (whichever is smaller) on every wall. Zoning Code Criteria — Text Amendments The Planning Commission must find the requested text amendment consistent with at least one of the following criteria, as set forth in Section 14.402.020 of the interim Zoning Code: 1. Such amendment is consistent with the Comprehensive Plan and is not detrimental to the public welfare; 2. Change in economic, technological, or land use conditions has occurred to warrant modification to this Code; 3. It is found that an amendment is necessary to correct an error in this Code; 4. It is found that an amendment is necessary to clarify the meaning or intent of this Code; 5. It is found that an amendment is necessary to provide for a use(s) that was not previously addressed by the Code; or 6. Those amendments as deemed necessary by the Commission and /or Board as being in the public interest. The interim Comprehensive Plan states that an attractive urban landscape is an asset to the community ". Goal UL.5 encourages an esthetically pleasing urban environment ". Policy UL.5.5 specifically calls for sign standards that "protect views and minimize signage clutter while still allowing adequate business signage". The requested text amendment, as recommended by the Planning Commission, is consistent with the interim Comprehensive Plan regarding urban aesthetics and signage. Further, it is in the public's interest to allow for more flexible wall sign standards for public uses in the UR -22 zone. RECOMMENDED ACTION: Adopt Sign Code Amendment as recommended by Planning Commission. BUDGET /FINANCIAL IMPACTS: N /A. STAFF CONTACT: Scott Kuhta ATTACHMENTS: 1. Ordinance adopting sign code amendment. 2. Zoning Code Section 14.804 — Signage Standards 1 DRAFT CITY OF SPOKANE VALLEY SPOKANE. 11 NCE L 7 COUNTY, WASHINGTON ORDINANCE O. 04-008 AN ORDINANCE OF TEE CITY OF SPOKANE VALLEY, WASHINGTON, AITTFNDINC ORDINANCE 03 -053 OF Ti IE CITY OF .SPOKANE VALLEY RELATING TO SIGNA GS STANDARDS IN THE h"TERThI ZONING CODE. WHEREAS, on March 25, 2003, the City of Spokane Valley adopted Ordinance No, 03 -053, an interim Zoning Code to regulate the orderly development of the city; and WHR.E AS, the interim Zoning Code contains provisions in Section l4.804 relating to signage standards; and WHEREAS, Valley Hospital and Medical Center has requested that the City amend the text of interim Zoning Code Section 14.804 to alter the signage standards for schools hospitals and other public uses; and WHEREAS, the Spokane Valley Planning Commission conducted a public hearing on January 22, 2004, after which the Planning Commission recommended to the City Council that interim Zoning Code Section 14.804 be amended as specified in Attachment A to this Ordinance; and WHEREAS, in order to amend the existing text of the interim Zoning Code, Section 14.402.020 requires that the proposed amendment meet certain criteria; and WHEREAS, the rinds the proposed amendments to the signage standards contained in Attachment A relating to public uses are in the public interest, satisfying the requirements of interim Zoning Code Section 14.402.020; and WHEREAS, amending the City of Spokane Valley interim Zoning Code is within the police powers of the City of Spokane Valley, Washington. NOW, THEREFORE, THE CITY COUNCIL OF TIME CITY OF SPOKANE VALLEY, WASHINGTON ORDAINS AS FOLLOWS: Seetiion 1. Amendments to interim Zoning Code Section 14.804. Ordinance No. 03 -053 adopting the interim Zoning Code Section, relating to signage standards, is amended as set forth in Attachment "A" to this Ordinance. Section 2. Severability, If any section, sentence, clause or phrase of this ordinance should be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionalit • of any other section, sentence, clause or phrase of this ordinance Section 3. Effective Date. This Ordinance shall be in fu]] force and effect five days after publication of this Ordinance or a summary thereof occurs in the official newspaper of the City as provided by law. Ordinance 04 -011:, Sign SMndomds (bmending03 -053) Page 1 oft DRAFT ATTEST: Approved this day of March, 2004. Christine Bainbridge, City Clerk Approved As To Form: Cary P. Driskell, Deputy City Attorney Date of Publication: Effective Date: Michael DeVlerning, Mayor Ordinance 04 -008, Sign Standards (amending 03 -053) Page 2 of 2 Attachment A Chapter 14.804 SIGNAGE STANDARDS (Res. 2- 01.88, dated February 19, 2002) Section: 14.804.010 Purpose, Intent and Scope 14.804.020 General Provisions 14.804.030 Definitions 1.4.804.040 Exempt Signs 14.804.050 Prohibited Signs 14.804.060 Signs Permitted in All Zones in Connection with Specific Uses 1.4.804.070 Sign Standards in Agricultural and Residential Zones (EA, GA, RS, RR -10, RC, UR, R -5 through UR -22) Zones 14.804.080 Sign Standards for Business and Industrial (B-1, 13-2, B -3, I -2 and I -3) Zones 14.804.085 Comprehensive Sign Plan Standards (13- 1,13-2, B -3, I -2 and 1-3) Zones 14.804.090 Freestanding Sign Standards for Aesthetic Corridors (Res. 2 -0315, dated March 26, 2002) 1.4.804.095 Sign Standards for the I.ndustrial Park (1 -1) Zone 14.804.100 Sign Standards for Mining (1v1Z) Zone 14.804.110 Sign Location and Setback 14.804.120 Sign Area and Calculation 14.804.130 Maintenance of Signs 14.804.140 Nonconforming Signs 14.804.150 Landscaping for Freestanding and Monument Signs 14.804.160 Sign Illumination 14.804.010 Purpose, Intent and Scope The purpose and intent of this section is to promote commerce, traffic safety and community identity while improving the visual environment of residential, commercial and industrial areas. This section of the Code shall not regulate traffic and directional signs installed by a governmental entity or in a private parking lot; signs not readable from nor intended to be viewed from a public right -of -way; merchandise displays; point -of- purchase advertising displays, such as product dispensers; national flags; flags of a political subdivision; symbolic flags of an institution; legal notices required by law; barber poles; historic site monuments /plaques; gravestones; structures intended for a separate use, such as phone booths, donation and recycling containers; lettering or symbols applied directly onto or flush mounted magnetically to a motor vehicle operating in the normal course of business. 14.804.020 General Provisions 1. Permit Required: Any on- premises sign shall hereafter be erected, re- erected, constructed, painted, posted, applied or structurally altered in accordance with this chapter and pursuant to a sign permit signed off by the Division of Planning and issued by the Division of Building and Code Enforcement. A sign permit shall be required for each group of signs on a single supporting structure installed simultaneously. Thereafter, each additional sign erected on the structure must have a separate sign permit. The oNsmer of a sign shall produce a permit upon request. Building permits shall be required as specified in Title 3 of the Spokane County Code. 2. Permit Applications: All permit applications for signs shall include a site plan that provides the following information a. The location of the affected lot, building(s) and sign(s); b. The scale of the site plan; c. A drawing of the proposed sign or sign revision, including size, height, copy, structural footing details, method of attachment and illumination; d. All existing signs on the site including their size and height; and e. Tax parcel number. 3. Subarea Plans: Subarea plans approved by the Board of County Commissioners may include requirements other than those provided in this chapter. 14.804.030 Definitions The following words and phrases are listed in Chapter 14.300, Definitions. Billboard, Bulletin Board, Electric Sign, Electronically Changeable Message Sign, Flashing Sign, Freestanding Sign, Freeway Oriented Sign, High Intensity Illumination, Incidental Sign, Individual Business, Low Intensity Lighting, Monument Sign, Multiple Businesses, Nonconforming Sign, On- Premises Sign, Portable Sign, Readerboard, Roof Sign, Sign, Support Structure(s), Three -Sided Sign, Two -Sided Sign, Video Board, Wall Sign. 14.804.040 Exempt Sims The following shall not require a sign permit, provided that these exemptions shall not be construed as relieving the owner from the responsibility to comply with the provisions of this Code or any other law or ordinance, including the Uniform Building Code. a. The changing of the advertising copy or message on a lawfully erected sign, readerboard or similar sign specifically designed for replaceable copy. b. Painting, repainting or normal maintenance, unless a structural or electrical change is made. c. Temporary banners and temporary signs as permitted herein. d. Real estate signs as permitted herein. e. Incidental signs. f. Political signs. g. Bench signs on county righ - - way, provided approval has been granted for location by the Spokane County Engineer. 14.804.050 Prohibited Signs The following signs are prohibited. in all zones unless otherwise specifically permitted. 1. Signs which by coloring, shape, wording or location resemble or conflict with traffic control signs or devices. 2. Signs that create a safety hazard for pedestrian or vehicular traffic. 3. Flashing signs. 4. Portable signs exceeding nine (9) square feet. 5. All portable readerboards. 6. All portable electric signs. 7. Signs attached to or placed on a vehicle or trailer parked on public or private property, provided that this provision shall not be construed as prohibiting the identification of a firm or its product on a vehicle operating during the normal course of business. Franchised buses and taxis are exempt from these provisions. 8. Roof signs. 9. Video Boards. 10. Billboards. Chapter 14.804 Zoning Code of Spokane County Page 804- -2 14.804.060 Signs Permitted in All Zones in Connection with Specific Uses The following signs may be permitted in any zone, subject to the limitations as provided herein. 1. Bulletin Boards: Bulletin boards may be permitted on the premises of public, charitable or religious institutions, subject to the following. a. Such sign shall contain not more than thirty -two (32) square feet in area on a face and may be double- faced. b. No part of the sign shall exceed a height of six (6) feet above the ground. c. The sign, if lighted, shall use low- intensity lighting. d. A thirty-two (32)- square -foot, double -faced sign, no higher than fourteen (14) feet above grade, is authorized for a public or private school on property not less than three (3) acres in size. 2. Temporary Residential Subdivision or Area Name Signs: A temporary real estate sign advertising the prospective sale or lease of a group of lots or dwellings within a tract or apartment complex shall be permitted, subject to the following conditions. a. The freestanding sign shall be located on the premises being sold or leased. b. The sign shall not exceed forty (40) square feet in area on a face and may be double- faced. c. The sign shall remain only as long as property remains unsold or un- leased for the first time within the tract, but not to exceed one (1) year. The Division may extend the one (1) year time period upon written request by the owners /developers of the project. d. The sign shall be non - illuminated. e. The top of the sign shall be no higher than ten (10) feet above grade of the lot or parcel on which the sign is located. 3. Permanent Residential Subdivision or Area Name Signs: Decorative subdivision or area name signs of a permanent character at the street entrance or entrances to the subdivision or area that identifies the narne of the subdivision or area only, shall be permitted, subject to the following conditions. a. The sign shall consist of decorative building materials with illuminated, indirectly lighted or non - illuminated name plates or letters, and be located in a maintained landscaped area; and b. The wall(s) and/ or sign(s) shall not exceed six (6) feet in height. 4. Temporary Banners, Flags, Pennants, Searchlights and Inflatables: a. A banner, flag, pennant, or inflatable, may be permitted by the Division for temporary on- premises use only, provided that such display does not have a significant adverse impact on nearby residences or institutions. The temporary use shall be restricted to thirty (30) days per quarter with one thirty (30) day renewal per quarter. If the permit is renewed, the thirty (30) day period for the following quarter is expended and the sign is not permitted during that quarter. b. A searchlight may be permitted by the Division for temporary on- premises use only, not exceeding ten (10) days, provided that such display does not have a significant, adverse impact on nearby residences or institutions. 5. Contractor, Architect, Surveyor or Engineer Signs: One (1) on premises sign identifying the project, developers, building contractor and /or subcontractors, architect, surveyor and engineer engaged in the construction may be permitted on a property during the period of construction, provided that Chapter 14.804 Zoning Code of Spokane County Page 804 -3 a. Location of the sign shall be approved by the Division prior to installation; b. The sign shall not exceed forty (40) square feet in area; and c. The top of the sign shall not exceed ten (10) feet above grade of the lot or parcel on which.the sign is located. The sign shall be removed prior to final building inspections. However, no such sign shall be maintained for a period in excess of twelve (12) months without approval from the Division. The Division may extend the one (1) year time period upon written request of the owners/developers of the project. 6. Real Estate Sign: a. Residential /Agricultural use or property — Temporary on- premises sign(s) advertising the sale, lease or rental of the building, property or premises, one (1) per frontage road. Such sign(s) shall be unlighted, limited in size to five (5) square feet and limited in height to five (5) feet above grade. A thirty -two (32) square foot sign is allowed on agricultural property of twenty (20) acres or more, with or without a dwelling on site. b. Commercial /Industrial use or property —One (1) temporary on- premises sign advertising the sale, lease or rental of the building, property or premises. Such sign shall be unlighted, limited in size to thirty -two (32) square feet and limited in height to ten (10) feet above grade. c. Open house /directional sign —For (a) and (b) above, an open house /directional sign(s) shall be allowed on each access street (to the property). Such sign(s) shall not be placed in such a manner as to interfere with vehicular or pedestrian traffic, shall be used when the property is actually open for immediate inspection, shall be unlighted, and shall be limited in size to five (5) square feet and limited in height to three (3) feet above grade. 7. Electronically Changeable Message Sign: a. Electronically changeable message signs shall be permitted in Business (B-2 and B-3) and Industrial (1 -2 and I -3) zones in accordance with the standards of Sections 14.804.080 through 14.804160 and their definition. 14.804.070 Sign Standards in Agricultural and Residential Zones (EA, GA, RS and RR -10, RC, UR, R -5 through UR -22) Zones Sign structures are permitted in the agricultural and residential zones in accordance with the following uses and standards: 1. A nameplate, which indicates no more than the name and address of the occupant of the premises, is permitted, provided that such sign shall not exceed a maximum area of five (5) square feet and a maximum height of four (4) feet above grade. 2. A freestanding or wall sign identifying a community residential facility, family day -care home, child day -care center in a residence, nursery school, or similar institution is permitted, provided that such sign shall not exceed a maximum area of five (5) square feet, a maximum height of four (4) feet above grade and is unlighted. 3. Permitted Signs by Use a. The following categories of uses are defined to apply to signage standards provided in Tables 1 and 2 below: i. Residential /Semi- Public uses include a church, public park, multiple- family dwelling, dormitory, fraternity, sorority, nursing home, retirement apartment, public building, child day -care center, family day -care provider, nonprofit community hall or lodge, animal clinic, cemetery or sanitarium.. ii. School /Public uses include a school (kindergarten through university), hospital, police station, fire station, post office or public golf course, incinerator, solid waste recycling transfer site, or landfills. Chapter 14.804 Zoning Code of Spokane County Page 804-4 Use per 14.80 f.070 (3) Maximum - v . rr ib er of Signs Maximum Sign. area M'aximum Sign. Height Residential /Semi -Public 1 16 sq. ft. 6 feet Schools /Public Use 1 32 sq. ft* 15 feet Office 1 32 sq. ft* 15 feet Commercial Uses, Other 1 32 sq. ft* 15 feet =Use per 14.804:070 (3) , :Maximum Number • '--of Maximum Sign Area Residential/Semi - Public 1 20 sq. ft. Schools /Public Use See Section 14.804.080 See Section 14.04.080 Office 1* 32 sq. ft.** Commercial Uses, Other 1 20 sq. ft. iii. Office uses include a business or professional office. iv. Commercial Use /Other shall include commercial uses other than those listed in "i" through "iii" above and other than home industry or home profession. b. On- Premises wall signs are permitted, not to exceed the maximum number and size as shown m Table 1. Wall signs shall be unlighted or have low-intensity lighting, and shall be placed flat against the outside wall of the main building. i. Schools /Public Uses in UR -22 Zones shall be subject to wall signage standards as permitted in all commercial and industrial zones as specified in Section 14.804.080. Table 1- Wall Signs - Agricultural and Residential Zones (EA, GA, RS and -10, RC, UR, R -5 through UR - Zones *Multiple office complexes shall be allowed one wall sign per building. **An office building containing multiple offices shall be allowed a 60 sq. ft maximum sign area. c. On- Premises freestanding signs are permitted, not to exceed the maximum number, size, and height as shown in Table 2. On- Premises freestanding signs shall be unlighted or have low - intensity lighting. Table 2 - Freestanding Signs - Agricultural and Residential Zones (EA, GA, RS 2 -10, RC, UR, R -5 through UR -22) Zones *Maximum sign area may be increased to 60 sq. ft. for monument signs seven (7) feet or less in height. 4. Multiple Arterials In the event the use or group of uses is adjacent to more than one arterial (including through and corner lots), they will be allowed a freestanding sign(s) exclusively oriented to the additional arterial(s). The above allowance shall be calculated independently, using only the additional Chapter 14.804 Zoning Code of Spokane County Page 804-5 Zone, Maximum Area Oar street frontage A >100' Area 0' street frontage Mzximum Height B-1 50 ft 50 ft 20 feet 13- 2/13 -3 100 ft 200 ft 30 feet 1 -2/I -3 40ft 80 ft 20 feet ::Zone Maximum number of signs Maxinium. Maximum Height _' 13-1 1 100 ft 20 feet 13 -2/B -3 1 per 500 feet of street frontage* 200 ft 30 feet 1 -2/1 -3 1 per 500 feet of street frontage* 80 ft 20 feet arterial(s) frontage. However, in no instance shall the square footage allowance from one arterial be transferred to the other(s). 14.804.080 Sign Standards for Business and Industrial (B -1, B -2, 13-3, 1 -2 and I -31 Zones Any sign, which pertains only to the identification of a permitted use in the B-1, B -2, B -3, 1 -2 and I -3 zones and is located entirely on the property with the use or business, is permitted, provided that it complies with the following standards. 1. Wall Signs - Individual and Multiple Businesses Wall signs are permitted on each wall of a building provided the wall sign does not exceed twenty -five percent (25 %) of the total area of the wall or a maximum area of 250 square feet, whichever provides the smaller area. "False fronts" and mansard roofs shall not be included when calculating the total area of the wall. 2. Freestanding Signs (pole or monument design) - Individual Business One (1) on- premises freestanding sign is permitted. Signs shall not exceed the area and height liinits as provided in Table 3. Businesses with multiple frontages may be allowed additional signage per 14.804.080(5). Table 3 - Standards for on- premises sie<n for individual business 3. Freestanding Signs (pole or monument design) - Multiple Businesses a. Freestanding on- premises sign(s) for multiple businesses are permitted, not to exceed the number, area and height limits as provided in Table 4. b. Freestanding signage allowed for an individual business under 14.804.080(2) shall not be combined with the signage allowed for multiple businesses under 14.804.080(3). c. The minimum separation between signs shall be 500 feet, as measured from the center of the sign. d. One (1) of the signs allowed under table 4, may be increased to a maximum height of forty (40) feet above grade and a maximum area of 250 square feet, provided the parcel is contiguous with Interstate 90 and the underlying zoning is Community Business (13-2) or Regional Business (13-3). Table 4 - Standards for on- premises si us for multi ple businesses One (1) freestanding sign is permitted on parcels with less than 500' of lineal street frontage. Chapter 14.804 Zoning Code of Spokane County Page 804 -6 Zone Maximum number of signs • Maximum area /each sign B -1 2 75 ft B -2/ B -3 2 per 500 feet of street frontage* 90 ft I -2/I -3 2 per 500 feet of street frontage* 90 ft Zone' Ivlaidmum number of signs Maximum area /each sign B -1 1 75 ft B -2/B -3 2 90 ft I -2/I -3 2 90 ft Multiple business parcel B -2 and B -3 zones 200 ft' signs with minimum 500' spacing lam- 500' 11 ILI a tenal arterial Chapter 14.804 Zoning Code of Spokane County 1000' 1000' Figure 1 - Example of allowed signage on a parcel with 1000 feet of frontage. Multiple business parcel B -2 and B -3 zones 200ft'signs with minimum 500' spacing l•-- 500' - '1 I�I Figure 2 - Example of allowed signage on a parcel with dual frontage. 4. Incentive to Substitute Height Restricted Monument Signs) for Freestanding Sign(s) a. Monument signs, not to exceed seven (7) feet in height, may substitute for individual and multiple business signs under 14.804.080(2 and 3) with maximum sign number(s) and area(s) as provided in Tables 5 and 6. There is no minimum separation requirement between signs. Table 5 - Standards for on- prerises monument signs for individual businesses Table 6 - Standards for on- premises monument signs for multiple businesses *Two (2) freestanding signs are permitted on parcels with less than 500' of lineal street frontage. Page 804 -7 14.804.085 Modification To Si Multiple business parcel B -2 and B -3 zones Monument sign incentive using 90 fr signs 6 • 1000' arteri al Figure 3 - Example of allowed signage using the incentive for monument signs. 5. Multiple Arterials In the event the use or group of uses is adjacent to more than one arterial (including through and corner lots), they will be allowed a freestanding sign(s) exclusively oriented to the additional arterial(s). The above allowance shall be calculated independently, using only the additional arterial(s) frontage. Wowever, in no instance shall the square footage allowance from one arterial be transferred to the other(s). 6. Entrance Sign for Industrial Park or Planned Industrial Area An industrial park or planned industrial area may have one (1) entrance /identification monument sign not to exceed 150 Win area and 7 feet in height above grade. Standards B -1 B -2 B -3 1 -2 and I -3 Zones For shopping centers, industrial parks, mixed use developments, and hotel conference centers; the Director may approve a comprehensive sign plan that deviates from the provisions set forth in section 14.804.080 above, provided the following standards and conditions are met: 1. The development exceeds the following minimum square foot floor area requirements: a. 250,000 ft for a shopping center or hotel conference center. b. 250,000 ft of commercial /industrial floor space for a mixed use development c. 300,000 ft for an industrial park. 2. The applicant shall submit a sign plan that includes the size, location, height, lighting, construction materials and orientation of all proposed signs in addition to any other information deemed necessary by the staff. 3. The sign plan shall conform to the following standards: a. Signage shall conform to the standards of section 14.804.080; except that a maximum of three (3) of the allowed signs under 14.804.080 may be allowed an increase of 20% in sign height and area over the maximum allowed in the underlying zone. b. The cumulative sign area of all signs, including 3a above, shall not exceed the maximum that would be allowed under 14.804.080. c. The maximum number of signs shall not exceed the maximum that would be allowed under 14.804.080. 4. The sign plan shall be consistent with the Spokane County Comprehensive Plan and the purpose and intent of this chapter, as determined by the Director. Chapter 14.804 Zoning Code of Spokane County Page 804 -8 5. Signage shall be installed in conformance with the approved sign plan and the Division of Building and Code Enforcement shall flag parcels subject to the sign plan to ensure that future signage for phased development is in compliance with the plan. 6. The applicant /owner(s) shall sign a binding agreement ensuring compliance with the approved sign plan. The agreement shall be filed as a deed restriction and shall run with the land and shall apply to present as well as future property owners. 7. Modifications to the approved sign plan shall require reapplication and approval by the Director. 1.4.804.090 Freestanding Sign Standards for Aesthetic Corridors (Res. 2 -0315, dated March 26, 2002) 1. The standards of 14.804.090 shall apply to parcels adjacent to the following designated aesthetic corridors: a. Spokane Valley Couplet (eastbound Appleway Avenue segment only) b. Evergreen Road (between Sprague Avenue and Indiana Avenue) c. Mirabeau Parkway d. Indiana Avenue (between Pines Road and Flora Road) 2. Wall signs shall be as per Section 14.804.070 or 14.804.080, respective of zoning. 3. Freestanding sign structures adjacent to the aesthetic corridors shall only be permitted in accordance with the following uses and standards: a. All signs shall be of monument type, not to exceed eight (8) feet in height. b. In Agricultural and Residential Zones (EA, GA, RS, RR -10, RC, UR, R -5 through UR -22), one monument sign identifying professional office(s) shall be allowed not to exceed thirty -two (32) square feet in area. c. In Business (B -1., 13-2 and 13-3) Zones and Industrial (1 -1, I -2 and I -3) Zones monument signs shall be allowed for individual and multiple businesses with maximum sign numbers and areas as provided in Tables 7 a.nd 8. Table 7 - Standards for on- remises monument si, ' for individual businesses signs Maxirnum of B -2/B -3 I-1/1-2/1-3 1 2 per 500' street frontage 2 per 500' street frontage* 75 ft 90 ft 90 ft B -1 *Two (2) monuments are permitted on parcels with less than 500' of lineal street frontage Table 8 - Standards for on- premises monument signs for multiple businesses ,Zone R4axunum,rriunbertof -signs areaieacl srgn B -1 2 B -2/B -3 2 per 500' street frontage* 1- 1/1 -2/1 -3 2 per 500' street frontage* 75 ft 90 ft 90 ft *Two (2) monuments are permitted on parcels with less than 500' of lineal street frontage. Chapter 14.804 Zoning Code of Spokane County Page 804 -9 4. Entrance Sign for Industrial Park or Planned Industrial Area An industrial park or planned industrial area may have one (1) entrance /identification monument sign not to exceed 150 ft in area and 7 feet in height above grade. 5. Any business that was lawfully established in accordance with the Spokane County Zoning Code and had purchased or had a duly executed contract to purchase signage along a designated aesthetic corridor prior to May 1, 2001, shall be allowed to apply for a building permit for said signage. Said permit shall conform to the signage regulations in place immediately prior to May 1, 2001. 14.804.095 Sign Standards for Industrial Park (I -1) Zone 1. Two (2) square feet of sign, up to a maximum of one hundred (100) square feet, shall be permitted on the front of the building for every lineal foot of building frontage, or the same sign footage encompassed within a freestanding sign of the same architectural style as the building, no higher than six (6) feet from ground level and placed within a lawn or totally landscaped area. 2. One (1) square foot of sign,. up to a maximum of fifty (50) square feet, shall be permitted on the side or rear of a building for every lineal foot of building frontage when said side or rear is oriented to or faces a public parking area or street or, in the case of a side yard of a corner lot, the same sign footage encompassed within a freestanding sign of the same architectural style of the building, no higher than six (6) feet from ground level and placed within a lawn or totally landscaped area. 3. All wall signs shall be flat against the building or structure and shall not extend above the top of the wall. Freestanding signs shall not exceed six (6) feet in height. 4. One (1) name plate for each tenant accessed by that entrance, not exceeding two (2) square feet in area, containing the name and address of an occupant will be allowed at every exterior entrance to a building. 5. Unimproved property shall be permitted one (1) freestanding for sale, lease, or rent sign not to exceed six (6) feet in height and thirty-two (32) square feet of surface area. 6. No sign may encroach upon, or overhang, adjacent property or public right -of -way. 7. Painted signs on buildings, including those attached on or to the surface of windows,- are prohibited. 8. All sign illumination shall be from the interior of the sign, provided that indirect lighting shall be permitted if the light source is not visible from public parking, public road or street. Exposed neon tubing shall not be permitted. Normal sign maintenance shall be permitted, including name change of the firm or company. 9. Logos or identification symbols shall be considered signs and shall conform to all provisions of this section. 10. No sign visible from a public road or street shall be constructed or maintained to flash, rotate or in any way simulate motion. Lights that resemble traffic signals are not allowed. 11. The square footage of a sign made up of letters, words or symbols shall be determined from the outside edge of the frame itself. The square footage of a sign composed of only letters, words or symbols shall be determined from imaginary straight lines drawn from high point to high point Chapter 14.804 Zoning Code of Spokane County Page 804 - around the entire copy or grouping of such letters, words or symbols. Those portions that are an integral part of the sign display shall be considered in the determination of square footage allowed. An obvious border designed as an integral part of a sign shall be calculated in the total square footage allowed. All measurements for sign height shall be from grade to the topmost part of the sign. 12. No sign in an Industrial Park site shall be constructed or located as to constitute a nuisance or in any way be detrimental to iuunediately adjacent uses as determined by the Planning Director. Signs will be allowed in any yard, provided the "clear view triangle" requirements in Section 14.810.020(2) are met. No sign shall be allowed adjacent to points of ingress or egress as to obstruct or impair site distances. 13. A parking directional sign shall be permitted at each major entrance to a parking lot, provided that such signs shall not exceed six (6) feet in height and fifteen (15) square feet per face, and are located within a landscaped area. 14.804.100 Sign Standards for Mining (MZl Zone Any sign which pertains only to the identification of a permitted use in the Mining Zone (MZ) and is located entirely on the property of such use is permitted, provided that it complies with the following conditions. 1. An individual establishment may have one (1) permanent freestanding sign not to exceed thirty two (32) square feet in area. 2. No sign shall project more than fifteen (15) feet above grade. 3. In the event a use is nonconforming but could be outright permitted in the 13-2 and /or B-3 zones, the Mining Zone signage requirements will follow those for 13 -2/13-3 zones under Section 14.804.080. 14.804.1.10 Sign Location and Setback 1. All signs shall be located so that they: a. Do not interfere with vehicular or pedestrian accessibility or sight distance; b. Conform to the provisions of Section 14.810.020(2), the clear view triangle; c. Do not overhang or be located in any public right -of -way; and d. Comply with any restrictions of the Federal Aviation Administration (MA) and Airport Overlay (AO) Zone. 2. All signs shall be located and set back as follows: a. Any portion of a sign (including structural supports) that is higher than three (3) feet and less than seven (7) feet above grade shall be located a minimum of ten (10) feet back from any public right -of -way, unless it can be demonstrated that the location of a structural support or monument sign will not create an adverse impact with regard to sight distance of vehicles entering and exiting the site. b. Structural supports less than two (2) feet in width, measured at any point on the support, and three (3) to seven (7) feet above grade, shall be exempted from (a) above. Chapter 14.804 Zoning Code of Spokane County Page 804-11 14.804.120 Sign Area and Calculation 1. Sign area for wall signs is equal to the message area of a sign, including graphics, letters, figures, symbols, trademarks or written copy as shown in Figure 4. 2. The sign area of a freestanding sign consisting of one sign shall be calculated as shown in Figure 5 below. The sign area of a freestanding sign consisting of more than one (1) sign shall be computed by adding together the total area(s) of all signs as shown in Figure 6 below. Any portion of the sign not necessary for structural support of the sign or any structural support greater than two (2) feet in width shall be considered in the determination of the square footage of the sign. A 10% increase in sign area is allowed for decorative framing or borders. Area calculation does not include decorative rocks or landscaping adjacent to a monument sign. SIGN Figure 5 14.804.130 Maintenance of Signs ;PETE' S PRO GOLF =MEM ■ - -■ Figure 4 A SIGN 1 �-- A --it-' SIGN 2 SIGN i1 Figure 6 3. The sign area for multiple -sided signs shall be calculated as follows: a. The total sign area for a two -sided sign shall be calculated using one (1) face, therefore allowing both faces to be of equal size (for example a two -sided sign has two (2) faces with 18 square feet per side, therefore the sign area is 18 square feet). b. The sign area for a three -sided sign shall be equal to the total amount of sign area a one -sided or two -sided sign is allowed (for example, in item 3a above, a two -sided sign is allowed 18 square feet of sign area per side which equals 36 total square feet. If a three sided sign is used instead of a one -sided or two -sided sign, the three -sided sign may allocate the 36 total square feet among three sides, therefore allowing three sides with 12 square feet per face for a total of 36 square feet of sign area) 1. Any signage that has been approved or that has been issued a permit shall be maintained by the owner or person in possession of the property on which the sign is located. Maintenance shall be such that the signage continues to conform to the conditions imposed by the sign permit.. Chapter 14.804 Zoning Code of Spokane County Page 804 -12 2. Any damaged sign base shall be repaired within sixty (60) days. 3. Any signage which has been damaged to such extent that it may pose a hazard to passersby shall be repaired or removed immediately. 14.804.140 Nonconforming Signs Nonconforming signs (those that were permanently installed and legally erected prior to the adoption of this Code), shall be allowed to continue in use so long as they are continuously maintained, are not relocated, and are not structurally altered or made more nonconforming in any way. Signs over 40 years old that are classified as historically significant by the historic preservation officer shall not be considered as nonconforming signs. 14.804.150 Landscaping for Freestanding and Monument Signs All freestanding and monument signs shall be located in a landscaped area. Landscaping should be appropriately sited to ensure that signs are not blocked or obscured by trees or bushes. 14.804.160 Sign Illumination Externally illuminated signs shall have low intensity lighting, confined to the sign, and positioned and shielded to minimize impacts to the surrounding area(s). Internally illuminated signs shall have low intensity lighting. Chapter 14.804 Zoning Code of Spokane County Page 804 - CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: March 23, 2004 City Manager Sign -off: Item: Check all that apply: ❑ consent ❑ old business new business ❑ public hearing ❑ information ❑ admin. report ® pending legislation AGENDA ITEM TITLE: Consideration of an Ordinance establishing Article I Section 1.20 of the Spokane Valley Uniform Development Code relating to Enforcement & Penalties; repealing ordinances in conflict, providing for severability and effective date. GOVERNING LEGISLATION: RCW 7.80 et seq. PREVIOUS COUNCIL ACTION TAKEN: Zoning Code Compliance Ordinance No. 03 -078 was adopted on September 17, 2003. City Council was briefed on the proposed amendments on February 24, 2004. The proposed ordinance was advanced to second reading on March 2, 2004. The Planning Commission held a public hearing on February 26, 2004, and recommended approval. BACKGROUND: The provisions of the Zoning Code Compliance (Ordinance No. 03 -078), with minor modifications, provides the necessary authority and procedural tools for the uniform enforcement of many land use violations, including those related to planning, engineering design, building and flood plain regulations, as well as zoning. The proposed provisions generally replace the word "Director" which related specifically to the Community Development Director with 'City" or "authorized representative of the City ". This will enable the Director of Public Works, the Building Official and the Community Development Director, or other official identified by specific regulation, to enforce provisions of the Code in a uniform manner. The word "citation" has been replaced with "notice of violation" throughout, inasmuch as citations are permitted only sworn peace officers. Pursuant to revisions of March 2, 2004, the ordinance provides for the recovery by.the City of reasonable legal and administrative costs incurred in the enforcement of the ordinance, including but not limited to, both direct and related costs. (Section 1.20.38A.1. and 2) Section 1.20.41 B. was eliminated as redundant. OPTIONS: No action. RECOMMENDED ACTION OR MOTION: Approval. BUDGET /FINANCIAL IMPACTS: Not Applicable. STAFF CONTACTS: Marina Sukup, AICP, Community Development Director Cary Driskell, Deputy City Attorney. ATTACHMENTS Draft Ordinance DRAFT CITY OF SPOKANE VALLEY SPOKANE COUNTY, WASHINGTON ORDINANCE N.O. 04 -013 AN ORDINANCE. OF THE CITY OF' SPOKANE VALLEY, WASHINGTON, ESTABLISHING ARTICLE I SECTION L20 OF Tom' SPOKANE VALLEY UNIFORM DEVLLOP.TvIENT CODE RELATING TO ENFORCEMENT AND PENALTIES; REPEALING ORDINANCES IN CONFLICT; AND PROVIDING FOR SEVERABILITY AND EFFECTIVE DATE. WHEREAS, Ordinance No. 03 -075 was published on September 12, 2003; Etnd WHEREAS, It is the policy of the City of Spokane Valley to emphasize code compliance by education and prevention as a first step_ This policy is design to ensure code compliance and timely action that is available to all persons and uniform in its implementation; and WHEREAS, this policy is designed to unsure. code compliance and timely action that is available to all persons and k uniform in its implementation; and WREAS, It is the intention of the City to pursue code compliance: actively and vigorously in order to protect the health, safety and welfare of the general public; NOW, THEREFORE, the City Council of the City of Spokane Valley Washington, do ordain as follows; Section 1. Article 1 of the Spokane Valley Development Code is hereby established pursuant 10 Attachment "A" made a part hereof for all purposes. Section 2. SPverability. If any section, sentence, clause or phrase of this ordinance should be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of any other section, sentence, clause or phrase of this ordinance Section 3. Effective date_ This ordinance shall be in ful] force and effect five (5) days after publication of this ordinance or a summary thereof in the official newspaper of the City as provided by law, ATTEST: Approved by the City Council this day of March, 2004. Christine Bainbridge, City Clerk Approved as to form: Cary P. Driskell, Deputy City Attorney Date of publication; Effective date: Michael D e V l e m i n g, Mayor Or dinanec 04 -013 Article i Section L20 EnforcernantlPcaalLies page 1 of 17 DRAFT Section 1.0:1.19. Reserved. Section 1.20. Enforcement and Penalties. 1.20.01. — Definitions. Attachment "A" ARTICLE I A. "abate" means to take whatever steps are deemed necessary to ensure that the property complies with applicable code requirements. Abatement may include, but is not limited to, rehabilitation, demolition, removal, replacement or repair. B. "code violation" means and includes an act or omission contrary to: 1. Any ordinance, resolution, regulation or public rule of the City that regulates or protects the use and development of land or water; and/or 2. The conditions of any permit, notice and order or stop work order issued pursuant to any such ordinance, resolution, regulation or public rule. C. "The City" means the City of Spokane Valley, Washington, acting by and through the authorized representatives and agents designated by the City Manager. D. "days" will be counted as business days when five or less days are allowed to do an act required by this Ordinance. "days" will be considered calendar days when more than five days are allowed to do an act required by this Ordinance. E. "determination of compliance" means a written statement from the City that evidence to determine that the violation(s) has been sufficiently abated as to the violation(s) stated in the voluntary compliance agreement, notice of violation, notice and order or stop work order. F. "found in violation" means" 1. That a notice of violation, notice and order or stop work order has been issued and not timely appealed; or 2. That a voluntary compliance agreement has been entered into; or 3. That the Hearing Examiner has determined that the violation has occurred and such determination has not been stayed or reversed on appeal. G. "Hearing Examiner" means the City of Spokane Valley Hearing Examiner, as provided by City of Spokane Valley Ordinance number 57 as adopted or hereafter amended. H. "mitigate" means to take measures, subject to City approval, to minimize the harmful effects of the violation where remediation is either impossible or unreasonably burdensome. L "permit" means any form of certificate, approval, registration, license or any other written permission issued by the City. All conditions of approval, and all easements and use limitations shown on the face of an approved final plat map which are intended to serve or protect the general public are deemed conditions applicable to all subsequent plat property owners, owner's tenants, and owner's agents as permit requirements enforceable under this chapter. Ordinance 04 -013 Article 1 Section 1.20 Enforccment/Penalties Page 2 of 17 DRAFT J. "person" means any individual, association, partnership, corporation or legal entity, public or private, and the agents and assigns of such individual, association, partnership, corporation or legal entity. K. "person responsible for a code violation" means the person who caused the violation, if that can be determined, and/or the owner, lessor, tenant or other person entitled to control, use and/or occupancy of the property where the code violation occurs. L. "public rule" means any rule properly promulgated to implement provisions of this code. M. "remediate" means to restore a site to a condition that complies with sensitive area or other regulatory requirements as they existed before the violation occurred; or, for sites that have been degraded under prior ownerships, restore to a condition which does not pose a probable threat to the environment or to the general public health, safety or welfare. N. "resolution" for purposes of this chapter means any resolution adopted by the City of Spokane Valley City Council. 1.20.02. — Relationship to Growth Management Plan. This chapter is adopted as development regulations pursuant to RCW 36.70A (Growth Management Act). 1.20.03. — Declaration of public nuisance — misdemeanor. A. All violations of this Code are hereby determined to be detrimental to the general public health, safety and welfare and are hereby declared public nuisances. All conditions determined to be violations of this Code shall be subject to and enforced pursuant to the provisions of this chapter except where specifically excluded by law or regulation. B. Any person who willfully or knowingly causes, aids or abets a violation pursuant to this chapter by any act of commission or omission is guilty of a misdemeanor. Upon conviction, the person shall be punished by a fine not to exceed one thousand dollars and/or incarceration for a term not to exceed ninety days. Each week (seven consecutive days) such violation continues shall be considered a separate misdemeanor offense. As an alternative, or in addition to any other judicial or administrative remedy provided in this chapter or by law or other regulation, the authorized representative of the City may recommend that the Office of the City Attorney file a misdemeanor complaint against the person responsible for code violation when the City has documentation or other evidence that the violation was willful and knowing. 1.20.04. — Enforcement, authority and administration. A. In order to discourage public nuisances and otherwise promote compliance with applicable code provisions, the City may, in response to field observations or reliable complaints, determine that violations of this Code have occurred or are occurring, and may: 1. Enter into voluntary compliance agreements with persons responsible for code violations; 2. Issue notice of violation and assess civil penalties as authorized by this chapter; 3. Issue notice and orders, assess civil penalties and recover costs as authorized by this chapter; 4. Require abatement by means of a judicial abatement order, and if such abatement is not timely completed by the person or persons responsible for a code violation, undertake the abatement and charge the reasonable costs of such work as authorized by this chapter; 5. Allow a person responsible for the code violation to perform community service in lieu of paying civil penalties as authorized by this chapter, 6. Order work stopped at a site by means of a stop work order, and if such order is not complied with, assess civil penalties as authorized by this chapter; Ordinance 04 -013 Article 1 Section 1.20 Enforcement/Penalties Page 3 of 17 DRAFT 7. Suspend, revoke or modify any permit previously issued by the City or deny a permit application as authorized by this chapter when other efforts to achieve compliance have failed; and 8. Forward a written statement providing all relevant information relating to the violation to the Office of City Attorney with a recommendation to prosecute willful and knowing violations as a misdemeanor offense. B. The procedures set forth in this title are not exclusive. These procedures shall not in any manner limit or restrict the City from remedying or abating violations of this code in any other manner authorized by law. C. In addition, or as an alternative, to utilizing the procedures set forth in this chapter, the City may seek legal or equitable relief to abate any conditions or enjoin any acts or practices which constitute a code violation. D. In addition, or as an altemative, to utilizing the procedures set forth in this chapter, the City may assess or recover civil penalties accruing under this chapter by legal action filed in Spokane County District Court by the Office of the City Attorney. E. The provisions of this chapter shall in no way adversely affect the rights of the owner, lessee or occupant of any property to recover all costs and expenses incurred and required by this chapter from any person causing such violation. F. In administering the provisions for code enforcement, the City shall have the authority to waive any one or more such provisions so as to avoid substantial injustice by application thereof to the acts or omissions of a public or private entity or individual, or acts or omissions on public or private property including, for example, property belonging to public or private utilities, where no apparent benefit has accrued to such entity or individual from a code violation. Any determination of substantial injustice shall be made in writing supported by appropriate facts. For purposes of this clause, substantial injustice cannot be based exclusively on financial hardship. G. The provisions of this chapter detailing the administration of code compliance procedures are intended only for the purpose of providing guidance to City employees and are not jurisdictional, and are not to be construed as creating a basis for appeal or a defense of any kind to an alleged code violation. H. The City may, upon presentation of proper credentials, with the consent of the owner or occupier of a building or premises, or pursuant to a lawfully issued inspection warrant, enter at reasonable times any building or premises subject to the consent or warrant to perform the duties imposed by this chapter. It is the intent of the City Council that any entry made to private property for the purpose of inspection for code violations be accomplished in strict conformity with constitutional and statutory constraints on entry, and the holdings of the relevant court cases regarding entry. The right -of -entry authorized by this chapter shall not supersede those legal constraints. I. The City may request that the police, appropriate fire district, Spokane Regional Health District or other appropriate City department or other non -city agency assist in enforcement. 1.20.05. — Guidelines for departmental responses to complaints. A. The following guidelines should be applied by the City, subject to resource limitations, when responding to code compliance complaints. The timelines identified below may be modified by Department rule, subject to council review and approval. 1. High risk investigations needing an urgent response (within 24 hours) include any cases in which there is an imminent likelihood of or actual bodily harm, damage to public resources or facilities, damage to real or personal property, public health exposure or environmental damage or contamination. 2. Moderate risk investigations needing a prompt response (within 72 hours) include cases in which there is risk of bodily harm, damage to public resources and/or facilities, damage to real or personal property, or environmental damage or contamination 3. Low risk investigations needing response as time permits (within 14 days of violation being identified by code compliance staff) including cases where the violation is non - emergent, does not fit within the high risk or moderate risk categories and has only minor public impacts. B. The response times set out in this chapter are not jurisdictional, and failure to meet them in any particular case shall not affect the City's authority to enforce City code provisions with regard to that case. Ordinance 04 -013 Article 1 Section 1.20 Enforcement/Penalties Page 4 of 17 DRAFT C. City representatives are authorized to determine, based upon past complaints regarding a property, subsequent field investigations, and other relevant criteria, whether a complaint is reliable. If the City determines a complaint is not reliable, the City is not obligated to conduct a field investigation. 1.20.06. — Initial investigation. This section sets forth guidelines for more specific procedures to be used by the City in implementing this chapter. The guidelines set forth in this chapter are not jurisdictional, and failure to meet them in any particular case shall not affect the City's authority to enforce city code provisions with regard to that case. A. Field verification required. Except in emergencies and for low risk case complaints, field verification should be made if possible prior to, concurrent with, or shortly after notifying the person responsible for the code violation or alleged code violation. Low risk case complaints should be acknowledged by sending a letter to the person(s) responsible for the code violation. The letter should state that a violation may have occurred, but has not been verified and should ask the recipient to contact the person issuing the letter. 13. Advising interested parties of receipt of complaint and/or field investigation. 1. The person responsible for the code violation should be advised of any complaint by personal contact; phone; posting and mail (return receipt requested). 2. The complainant should be contacted by phone, and if possible, in person during the field visit. C. The City will record all violations in a database system, including a list of all actions taken on the complaint. D. To the extent possible, the City shall check its own records and the records of other agencies for previous violations on the site of the alleged violation or by the owner or occupant of the site or such other person as may be responsible for the code violation. E. Staff undertaking field investigations shall comply with the provisions of this chapter regarding right of entry. 1.20.07. — Procedures when probable violation is identified. A. The City shall determine, based upon information derived from sources such as field observations, the statements of witnesses, relevant documents and data systems for tracking violations and applicable City codes, whether or not a violation has occurred. As soon as the City has reasonable cause to determine that a violation has occurred, he or she shall document the violation and promptly notify the person(s) responsible for the code violation. 13. Except as provided in subsection D, a warning shall be issued verbally or in writing promptly when a field inspection reveals a violation, or as soon as the City otherwise determines a violation has occurred. The warning shall inform the person determined to be responsible for a code violation of the violation and allow the person an opportunity to correct it or enter into a voluntary compliance agreement as provided for by this chapter. Verbal warnings shall be logged and followed up with a written warning within five (5) days, and the site shall be re- inspected within fourteen (14) days. C. No warning need be issued in high risk cases, emergencies, repeat violation cases, cases that are already subject to a voluntary compliance agreement, cases where the violation creates or has created a situation or condition that is not likely to be corrected within Seventy -two (72) hours, cases where a stop work . order is necessary, or when the person responsible for the code violation knows, or reasonably should have known that the action was a code violation. D. Notice of violation may be issued in moderate and low risk cases, provided that the City determines it is probable that the violation can likely be fully corrected in a short period of time. E. Notice and orders should be issued in all high -risk cases in which a voluntary compliance agreement has not been entered into within two (2) days of notification by the City. Notice and orders may be issued in moderate and low risk cases where the City determines that the violation is unlikely to be fully corrected in a short period of time. F. The City shall use all reasonable means to determine and cite the person actually responsible for the code violation occurring when the property owner has not directly or indirectly caused the violation. Ordinance 04 -013 Article 1 Section 1:20 Enforcement/Penalties Page 5 of 17 DRAFT G. If the violation is not corrected, or a voluntary compliance agreement is not achieved within fifteen (15) days of notification by the City, a notice and order or stop work order should be issued. Citations should be issued within fifteen (15) days from receipt of a complaint. Notice and orders should be issued within twenty (20) days from receipt of a complaint. Stop work orders should be issued promptly upon discovery of a violation in progress. H. All complainants will be asked by staff at the time the complaint is filed whether they wish to be kept advised of enforcement efforts. Any complainant who provides a mailing address and requests to be kept advised of enforcement efforts should be mailed a copy of all written warnings, voluntary compliance agreements, notice of violation, notice and orders, stop work orders and notices of settlement conferences issued by the City with regard to the alleged violation. Any complainant may appeal a determination of code compliance issued by the City. 1.20.08. — Service — notice of violation, notice and order, and stop work order. A. Service of a notice of violation or notice and order shall be made on a person responsible for code violation by one or more of the following methods: 2. Personal service of a notice of violation or notice and order may be made on the person identified by the City_as being responsible for the code violation, or by leaving a copy of the notice of violation or notice and order at the person's house of usual abode with a person of suitable age and discretion who resides there; 2. Service directed to the landowner and /or occupant of the property may be made by posting the notice of violation or notice and order in a conspicuous place on the property where the violation occurred and concurrently mailing notice as provided for below, if a mailing address is available; 3. Service by mail may be made for a notice ofviolation or a notice and order by mailing two copies, postage prepaid, one by ordinary first class mail and the other by certified mail, to the person responsible for the code violation at his or her last known address, at the address of the violation, or at the address of the place of business of the person responsible for the code violation. The taxpayer's address as shown on the tax records of Spokane County shall be deemed to be the proper address for the purpose of mailing such notice to the landowner of the property where the violation occurred. Service by mail shall be presumed effective upon the third business day following the day upon which the notice of violation or notice and order was placed in the mail. 13. For notice and orders only, when the address of the person responsible for the code violation cannot be reasonably determined, service may be made by publication once in the City's newspaper of record. Service by publication shall conform to the requirements of Civil Rule 4 of the Rules for Superior Court. C. Service of a stop work order on a person responsible for a code violation may be made by posting the stop work order in a conspicuous place on the property where the violation occurred or by serving the stop work order in any other manner permitted by this chapter. D. The failure of the City to make or attempt service on any person named in the notice of violation, notice and order or stop work order shall not invalidate any proceedings as to any other person duly served. 1.20.09. — Training and rulemaking. A. Ln order to ensure strict conformity with the constraints on entry imposed by state and federal law, and to ensure that City employees deal with the public in a manner which respects the rights of private property owners, the City shall develop and adopt internal procedures, protocols and training programs governing the conduct of searches by compliance officers. 13. The City shall adopt procedures to implement the provisions of this chapter, and specifically the guidelines set out in this chapter describing reasonable and appropriate protocols for investigating code violations. 1.20.10. — Obligations of persons responsible for code violation. A. It shall be the responsibility of any person identified as responsible for a code violation to bring the property into a safe and reasonable condition to achieve code compliance. Payment of civil penalties, Ordinance 04 -013 Article! Section 1.20 Enforcement/Penalties Page 6 of 17 DRAFT applications for permits, acknowledgement of stop work orders and compliance with other remedies does not substitute for performing the corrective work required and having the property brought into compliance to the extent reasonably possible under the circumstances. B. Persons determined to be responsible for a code violation pursuant to a notice of violation or notice and order shall be liable for the payment of any civil penalties and abatement costs, provided however, that if a property owner affirmatively demonstrates that the action which resulted in the violation was taken without the owner's knowledge or consent by someone other than the owner or someone acting on the owner's behalf, that owner shall be responsible only for bringing the property into compliance to the extent reasonably feasible under the circumstances. Should the owner not correct the violation, only those abatement costs necessary to bring the property into a safe and reasonable condition, as determined by the City, shall be assessed by the City. No civil penalties shall be assessed against such an owner or his or her property interest. 1.20.11. — Determination of compliance. After issuance of a warning, voluntary compliance agreement, notice of violation, notice and order, or stop work order, and after the person(s) responsible for a violation have come into compliance, the City shall issue a written determination of compliance. The City shall mail copies of the determination of compliance to each person originally named in the warning, voluntary compliance agreement, citation, notice and order, or stop work order, as well as the complainant, by certified mail, five -day return receipt requested. 1.20.12. — Voluntary compliance agreement— authority. A. Whenever the City determines that a code violation has occurred or is occurring, the City shall make reasonable efforts to secure voluntary compliance from the person responsible for the code violation. Upon contacting the person responsible for the code violation, the City may enter into a voluntary compliance agreement as provided for in this chapter. B. A voluntary compliance agreement may be entered into at any time after issuance of a verbal or written warning, a notice of violation, notice and order or a stop work order and before an appeal is decided. C. Upon entering into a voluntary compliance agreement, a person responsible for a code violation waives the right to administratively appeal, and thereby admits that the conditions described in the voluntary compliance agreement existed and constituted a code violation. D. The voluntary compliance agreement shall incorporate the shortest reasonable time period for compliance, as determined by the City. An extension of the time limit for compliance, or a modification of the required corrective action may be granted by the City if the person responsible for the code violation has shown due diligence or substantial progress in correcting the violation, but circumstances render full and timely compliance under the original conditions unattainable. Any such extension or modification must be in writing and signed by the authorized representative of the City and person(s) who signed the original voluntary compliance agreement. E. The voluntary compliance agreement is not a settlement agreement. 1.20.13. — Voluntary compliance agreement — contents. A. The voluntary compliance agreement is a written, signed commitment by the person(s) responsible for a code violation in which such person(s) agrees to abate the violation, remediate the site, and/or mitigate the impacts of the violation. The voluntary compliance agreement shall include the following: 1. The name and address of the person responsible for the code violation; 2. The address or other identification of the location of the violation; 3. A description of the violation and a reference to the provision(s) of the ordinance, resolution or regulation which has been violated; 4. A description of the necessary corrective action to be taken and identification of the date or time by which compliance must be completed; 5. The amount of the civil penalty that will be imposed if the voluntary compliance agreement is not satisfied; Ordinance 04 -013 Article 1 Section 1.20 EnforcernentfPenalties Page 7 of 17 DRAFT 6. An acknowledgement that if the City determines that the terms of the voluntary compliance agreement are not met, the City may, without issuing a notice of violation, notice and order or stop work order, impose any remedy authorized by this chapter, enter the real property and perform abatement of the violation by the City, assess the costs incurred by the City to pursue code compliance and to abate the violation, including reasonable legal fees and costs, and the suspension, revocation or limitation of a development permit obtained or to be sought by the person responsible for the code violation; 7. An acknowledgement that if a penalty is assessed, and if any assessed penalty, fee or cost is not paid, the City may charge the unpaid amount as a lien against the property where the code violation occurred if owned by the person responsible for the code violation, and that the unpaid amount may be a joint and several personal obligation of all persons responsible for the violation; 8. An acknowledgement that by entering into the voluntary compliance agreement, the person responsible for the code violation thereby admits that. the conditions described in the voluntary compliance agreement existed and constituted a code violation; and 9. An acknowledgement that the person responsible for the code violation understands that he or she has the right to be served with a notice of violation, notice and order, or stop work order for any violation identified in the voluntary compliance agreement, has the right to administratively appeal any such notice of violation, notice and order, or stop work order, and that he or she is knowingly, voluntarily and intelligently waiving those rights. 1.20.14. — Failure to meet terms of voluntary compliance agreement. A. If the terms of the voluntary compliance agreement are not completely met, and an extension of time has not been granted, the authorized representatives of the City may enter the real property and abate the violation without seeking a judicial abatement order. The person responsible for code compliance may, without being issued a notice of violation, notice and order, or stop work order, be assessed a civil penalty as set forth by this chapter, plus all costs incurred by the City to pursue code compliance and to abate the violation, and may be subject to other remedies authorized by this chapter. Penalties imposed when a voluntary compliance agreement is not met accrue from the date that an appeal of any preceding notice of violation, notice and order, or stop work order was to have been filed or from the date the voluntary compliance a eernent was entered into if there was not preceding notice of violation, notice and order, or stop work order. B. The City may issue a notice of violation, notice and order, or stop work order for failure to meet the terms of a voluntary compliance agreement. 1.20.15. — Citations — authority. Whenever the City has determined, based upon investigation of documents and /or physical evidence, that a code violation has occurred, the City may issue a notice of violation to any person responsible for code violation. The City shall make a determination whether or not to issue a citation within fifteen (15) days of receiving a complaint alleging a violation or otherwise discovering that a violation may potentially exist. Subsequent complaints shall be treated as new complaints for purposes of this chapter. However, such subsequent complaints shall not constitute a separate violation to which the penalties of this chapter apply. 1.20.16. — Notice of Violation — effect. A. A notice of violation represents a determination that a code violation has occurred and that the noticed party is a person responsible for a code violation. B. A notice of violation subjects the person responsible for a code violation to penalties. C. The person responsible for a code violation shall either pay the civil penalties assessed within twenty (20) days of the date of issuance of the notice of violation, or appeal the notice of violation according to the procedures described herein. D. Failure to appeal the within twenty (20) days shall render the notice of violation a final determination that the conditions described in the notice of violation existed and constituted a code violation, and that the cited party is liable as a person responsible. Ordinance 04 -013 Article! Section 1.20 EnforcemendPenalties Page 8 of 17 DRAFT E. Imposition of a civil penalty creates a joint and several personal obligation in all persons responsible for a code violation who are served with notice of the violation. The Office of the City Attorney, on behalf of the City of Spokane Valley, may collect the civil penalties assessed by any appropriate legal means. F. Issuance of a notice of violation in no way limits the City's 'authority to issue a notice and order or stop work order to any person responsible for a code violation pursuant to this chapter. 1.20.17. — Notice of Violation — contents. The notice of violation shall include all of the following information: A. The address, when available, or location of the code violation; B. A legal description of the real property or the Spokane County tax parcel number where the violation occurred or is located, or a description identifying the property by commonly used locators; C. A statement that the City has found the named person(s) to have committed a code violation and a brief description of the violation(s) found; D. A statement of the specific ordinance, resolution, regulation, public rule, permit condition, notice and order provision or stop work order provision that was or is being violated; E. A statement that the notice of violation represents a determination that a code violation has occurred and that the cited party is subject to a civil penalty; F. A statement of the amount of the civil penalty assessed, that payment of the civil penalties assessed under this chapter does not relieve a person found to be responsible for a code violation of his or her duty to correct the violation and/or to pay any and all civil penalties or other cost assessments issued pursuant to this chapter, and that the penalty must be paid within twenty (20) days, if not appealed . G. A statement of the corrective or abatement action required to be taken and that all required permits to perform the corrective action must be obtained from the proper issuing agency; H. A statement advising that any person named in the notice of violation, or having any record or equitable title in the property against which the citation is issued may appeal from the citation to the Hearing Examiner within twenty (20) days of the date of service of the citation; I. A statement advising that a failure to appeal the notice of violation within twenty (20) days renders the notice of violation a final determination that the conditions described in the notice of violation existed and constituted a code violation, and that. the named party is liable as a person responsible for a code violation; and J. A statement advising that a willful and knowing violation may be referred to the Office of the City Attorney for prosecution . 1.20.18. — Notice of Violation — modification or revocation. A. The City may add to, revoke in whole or in part, or otherwise modify a notice of violation by issuing a written supplemental citation. The supplemental notice of violation shall be governed by the same procedures and time limits applicable to all notice of violation contained in this chapter. B. The City may revoke or issue a supplemental notice of violation under this chapter: 1. if the original notice of violation was issued in error; 2. whenever there is new information or change of circumstances; or 3. if a party to a notice of violation was incorrectly named. C. Such revocation or modification shall identify the reasons and underlying facts for modification or revocation, and shall be served on the person responsible for a violation in conformity with this article. 1.20.19. — Notice of Violation — remedy — civil penalties. A notice of violation shall carry a civil penalty to be determined with reference to the schedule contained herein. 1.20.20. — Notice and order — authority. When the City has reason to believe, based on investigation of documents and/or physical evidence, that a code violation exists or has occurred, or that the code violations cited in a notice of violation have not been corrected, or that the teens of a voluntary compliance agreement have not been met, the City is authorized to issue a notice and order to any person Ordinance 04-013 Article t Section 1.20 Enforcement/Penalties Page 9 of 17 DRAFT responsible for a code violation. The City shall make a determination whether or not to issue a notice and order within twenty (20) days of receiving a complaint alleging a violation or otherwise discovering that a violation may potentially exist, or within ten (10) days of the end of a voluntary compliance agreement time period which has not been met. Subsequent complaints shall be treated as new complaints for the purposes of this chapter. Issuance of a notice of violation is not a condition precedent to the issuance of a notice and order. 1.20.21. — Notice and order — effect. A. A notice and order represents a determination that a violation has occurred, that the party to whom the notice is issued is a person responsible for a code violation, and that the violations set out in the notice and order require the assessment of penalties and other remedies that may be specified in the notice and order. B. Upon a determination by the City that a violation has occurred pursuant to a notice and order, the City is authorized to impose civil penalties . C. Any person identified in the notice and order as responsible for a code violation may appeal the notice and order within twenty (20) days. D. Failure to appeal the notice and order within the applicable time limits shall render the notice and order a final determination that the conditions described in the notice and order existed and constituted a violation, and that the named party is liable as a person responsible for a code violation. E. Issuance of a notice and order in no way limits the City's authority to issue a notice of violation or stop work order to a person previously cited through the notice and order process pursuant to this chapter. 1.20.22. — Notice and order — contents. The notice and order shall contain the following information: A. The address, when available, or location of the violation; B. A legal description of the real property or the Spokane County tax parcel number where the violation occurred or is located, or a description identifying the property by commonly used locators; C. A statement that the City has found the named person(s) to have committed a violation and a brief description of the violation(s) found; D. A statement of the specific provisions of the ordinance, resolution, regulation, public rule, permit condition, notice and order provision or stop work order that was or is being violated; E. A statement that a civil penalty is being assessed, including the dollar amount of the civil penalties per separate violation, and that any assessed penalties must be paid within twenty (20) days of service of the notice and order; F. A statement advising that any costs of enforcement incurred by the City shall also be assessed against the person to whom the notice and order is directed; G. A statement that payment of the civil penalties assessed under this chapter does not relieve a person found to be responsible for a code violation of his or her duty to correct the violation and/or to pay any and all civil penalties or other cost assessments issued pursuant to this chapter; H. A statement advising that the notice and order will be recorded against the property in the Spokane County Auditor's Office subsequent to service; I. A statement of the corrective or abatement action required to be taken and that all required permits to perform the corrective action must be obtained from the proper issuing agency; J. A statement advising that, if any required work is not commenced or completed within the time specified by the notice and order, the City may proceed to seek a judicial abatement order from Spokane County Superior Court to abate the violation . K. A statement advising that, if any assessed penalty, fee or cost is not paid on or before the due date, the City may charge the unpaid amount as a lien against the property where the code violation occurred if owned by a person responsible for a violation, and as a joint and several personal obligation of all persons responsible for a code violation; L. A statement advising that any person named in the notice and order, or having any record or equitable title in the property against which the notice and order is recorded may appeal from the notice and order to the Hearing Examiner within twenty (20) days of the date of service of the notice and order; Ordinance 04 -013 Article 1 Section 1.20 Enforcement/Penalties Page 10 of 17 DRAFT M. A statement advising that a failure to correct the violations cited in the notice and order could lead to the denial of subsequent Spokane Valley permit applications on the subject property; N. A statement advising that a failure to appeal the notice and order within the applicable time limits renders the notice and order a final determination that the conditions described in the notice and order existed and constituted a violation, and that. the named party is liable as a person responsible for a violation; and 0. A statement advising the person responsible for a code violation of his/her duty to notify the City of any actions taken to achieve compliance with the notice and order. P. A statement advising that a willful and knowing violation may be referred to the Office of the City Attorney for prosecution. 1.20.23. — Notice and order — recording. A. When a notice and order is served on a person responsible for a code violation, the City shall file a copy of the same with the Spokane County Auditor's Office. B. When all violations specified in the notice and order have been corrected or abated to the satisfaction of the City, the City shall file a certificate of compliance with the Spokane County Auditor's Office within five days of receiving evidence of abatement. The certificate shall include a legal description of the property where the violation occurred and shall state whether any unpaid civil penalties for which liens have been filed are still outstanding and, if so, shall continue as liens on the property. C. After all liens have been satisfied, the City shall file a notice of satisfaction of lien with the Spokane County Auditor's Office within five days of final payment. to City. 1.20.24. — Notice and order — supplementation, revocation, modification. A. The City may add to, revoke in whole or in part, or otherwise modify a notice and order by issuing a written supplemental notice and order. The supplemental notice and order shall be governed by the same procedures and time limits applicable to all notice and orders contained in this chapter. B. The City may issue a supplemental notice and order, or revoke a notice and order issued under this chapter: 1. If the original notice and order was issued in error; 2. Whenever there is new information or change of circumstances; or 3. If a party to an order was incorrectly named C. Such revocation or modification shall identify the reasons and underlying facts for modification or revocation, and shall be fled with the Spokane County Auditor's Office. 1.20.25. — Notice and order - administrative conference. An informal administrative conference may be conducted by the City at any time for the purpose of facilitating communication among concerned persons and providing a forum for efficient resolution of any violation. Interested parties shall not unreasonably be excluded from such conferences. 1.20.26. — Notice and order — remedies — suspension, revocation or limitation of permit. A. The City may suspend, revoke or modify any permit issued by the City whenever: 1. The permit holder has committed a violation in the course of performing activities subject to that permit; 2. The permit holder has interfered with the authorized representatives of the City in the performance of his or her duties related to that permit; 3. The permit was issued in error or on the basis of materially incorrect information supplied to the City; 4. Permit fees or costs were paid to the City by check and returned from a financial institution marked non- sufficient funds (NSF) or canceled; or 5. For a permit or approval that is subject to sensitive area review, the applicant has failed to disclose a change of circumstances an the development proposal site which materially affects an applicant's ability to meet the permit or approval conditions, or which makes inaccurate the sensitive area study that was the basis for establishing permit or approval conditions. Ordinance 04-013 Article 1 Section 1.20 Enforcement/Penalties Page 11 of 17 DRAFT 13. Such suspension, revocation, or modification shall be carried out through the notice and order provisions of this chapter and shall be effective upon the compliance date established by the notice and order. Such suspension, revocation or modification may be appealed to the Hearing Examiner using the appeal provisions of this chapter. C. Notwithstanding any other provision of this chapter, the City may immediately suspend operations under any permit by issuing a stop work order. 1.20.27. — Notice and order — remedies — denial of permit. A. The City may deny a permit when, with regard to the site or project for which the permit is submitted: 1. Any person owning the property or submitting the development proposal has been found in violation of any ordinance, resolution, regulation or public rule of the City that regulates or protects the public health, safety and welfare, or the use and development of land and water; and/or 2. Any person owning the property or submitting the development proposal has been found in violation and remains in violation of the conditions of any permit, notice and order or stop work order issued pursuant to any such ordinance, resolution, regulation or public rule; and/or 13. In order to further the remedial purposes of this chapter, such denial may continue until the violation is cured by restoration accepted as complete by the City and by payment of any civil penalty imposed for the violation, except that permits or approvals shall be granted to the extent necessary to accomplish any required restoration or cure. 1.20.28. — Notice and order — remedies — abatement. In addition, or as an alternative, to any other judicial or administrative remedy, the City may use the notice and order provisions of this chapter to order any person responsible for a code violation to abate the violation and to complete the work at such time and under such conditions as the City determines reasonable under the circumstances. if the required corrective work is not commenced or completed within the time specified, the City may seek a judicial abatement order pursuant to this chapter. 1.20.29. — Stop work order — authorized. The City is authorized to issue a stop work order to a person responsible for a code violation. Issuance of a notice of violation or notice and order is not a condition precedent to the issuance of the stop work order. 1.20.30. — Stop work order — effect. A. A stop work order represents a determination that a code violation has occurred or is occurring, and that any work or activity that caused, is causing or contributing to the violation on the property where the violation has occurred, or is occurring, must cease. B. A stop work order requires the immediate cessation of the specified work or activity on the named property. Work activity may not resume unless specifically authorized in writing by the City. C. A stop work order may be appealed according to the procedures prescribed in this chapter. D. Failure to appeal the stop work order within twenty (20) days renders the stop work order a final determination that the civil code violation occurred and that work was properly ordered to cease. E. A stop work order may be enforced by the City Police. 1.20.31. — Stop work order — remedy — civil penalties. A. In addition to any other judicial or administrative remedy, the City may assess civil penalties for the violation of any stop work order according to the civil penalty schedule established in Section 1.20.33 of this chapter. 13. Civil penalties for the violation of any stop work order shall begin to accrue on the first day the stop work order is violated, and shall cease accruing on the day the work is actually stopped. C. Violation of a stop work order shall be a separate violation from any other code violation. Ordinance 04-013 Article 1 Section 1.20 Enforcement/Penalties Page 12 of 17 1. Notice of Violation $250 2. Notice and orders and stop work orders a. basic initial penalty $500 b. additional initial penalties may be added where there is: 1. public health risk — amount depends on severity $0 -2,500 2. environmental damage - amount depends on severity $0 -2,500 1 damage to property - amount depends on severity $0 -2,500 4. history of similar violations (less than three) $0 -1,000 5. history of similar violations (three or more) $0 $0 -5.000 -5,000 6. economic benefit to person responsible for violation c. the above penalties may be offset by the following compliance 11 compliance with a voluntary compliance agreement with prior history of similar violations 0 -1 $0 -1,500 11 compliance with a voluntary compliance agreement and a history of two or more prior similar violations $0 -250 DRAFT 1.20.32. — Stop work order — remedy — criminal penalties. In addition to any other judicial or administrative remedy, the City may forward to the Office of City Attorney a detailed factual background of the alleged violation with a recommendation that a misdemeanor charge be filed against the person(s) responsible for any willful violation of a stop work order. 1.20.33. — Civil penalties — assessment schedule. A. Civil penalties for code violations shall be imposed for remedial purposes and shall be assessed for each violation identified in a notice of violation, notice and order or stop work order, pursuant to the following schedule: B. The total initial penalties assessed for notice and orders and stop work orders pursuant to this chapter shall apply for the first thirty -day period following issuance of the order, unless another time period is specified in a voluntary compliance agreement. If a voluntary compliance agreement is not entered into within that time period, and no appeal is filed, the penalties for the next fifteen -day period shall be one hundred fifty percent (150 %) of the initial penalties, and the penalties for the next fifteen -day period shall be two hundred percent (200 %) the amount of the initial penalties. The intent of this subsection is to increase penalties beyond the maximum penalties stated as an additional means to achieve timely compliance. C. Notice of violation shall be subject to a one -time penalty per violation. The City retains authority to issue a subsequent notice and order or stop work order for continued non - compliance. In that event, additional penalties shall be imposed. D. Civil penalties shall be paid within twenty (20) days of service of the notice of violation, notice and order or stop work order if not appealed. Payment of the civil penalties assessed under this chapter does not relieve a person found to be responsible for a code violation of his or her duty to correct the violation and/or to pay any and all civil - penalties or other cost assessments issued pursuant to this article. E. The City may suspend civil penalties if the person responsible for a code violation has entered into a voluntary compliance agreement. Penalties shall begin to accrue again pursuant to the terms of the voluntary compliance agreement if any necessary permits applied for are denied, canceled or not pursued, or if corrective action identified in the voluntary compliance agreement is not completed as specified. F. Civil penalties assessed create a joint and several personal obligation in all persons responsible for a code violation. • G. In addition to, or in lieu of, any other state or local provision for the recovery of civil penalties, the City may file for record with the Spokane County Auditor to claim a lien against the real property for the civil Ordinance 04-013 Article 1 Section 1.20 Enforccment/Penalties Page 13 of 17 DRAFT penalties assessed under this chapter if the violation was reasonably related to the real property. Any such lien can be filed under this chapter if, after the expiration of thirty (30) days from when a person responsible for a code violation receives the notice of violation, notice and order or stop work order (excluding any appeal) any civil penalties remain unpaid in whole or in part. 1.2034. - Civil penalties — duty to comply. Persons responsible for a code violation have a duty to notify the City in writing of any actions taken to achieve compliance with the notice and order. For purposes of assessing civil penalties, a violation shall be considered ongoing until the person responsible for a code violation has come into compliance with the notice and order, voluntary compliance agreement, or stop work order, and has provided sufficient evidence of such compliance. 1.20.35. - Civil penalties — community service. The City is authorized to allow a person responsible for a code violation who accumulates civil penalties as a result of a notice of violation, notice and order, or for failure to comply with the terms of a voluntary compliance agreement, to voluntarily participate in community service projects in lieu of paying all or a portion of the assessed civil penalties. Community service may include, but is not limited to, abatement, restoration or education programs designed to clean up the City. The amount of community service will reasonably relate to the comparable value of penalties assessed against the violator. The rate at which civil penalties are worked off under this subsection is $10.00 per hour. The City shall take into consideration,the severity of the violation, any history of previous violations and practical and legal impediments in considering whether to allow community service in lieu of paying penalties. 1.2036. - Civil penalties — waivers. A, Civil penalties may be waived or reimbursed to the payor by the City under the following circumstances: 1. The notice of violation, notice and order or stop work order was issued in error, or 2. The civil penalties were assessed in error; or 3. Notice failed to reach the property owner due to unusual circumstances; or 4. New, material information warranting waiver has been presented to the City since the notice of violation, notice and order or stop work order was issued. B. The City shall state in writing the basis for a decision to waive penalties, and such statement shall become part of the public record unless privileged. 1.20.37. - Civil penalties — critical areas. A. The compliance provisions for critical areas are intended to protect critical areas and the general public from harm, to meet the requirements of RCW 36.70A (thc Growth Management Act), and to further the remedial purposes of this chapter. To achieve this, persons responsible for a code violation will not only be required to restore damaged critical areas, insofar as that is possible and beneficial, but will also be required to pay a civil penalty for the redress of ecological, recreation, and economic values lost or damaged due to their unlawful action. B. The provisions of this section are in addition to, and not in lieu of, any other penalty, sanction or right of action provided by law for other related violations. C. Where feasible, the owner of the land on which the violation occurred shall be named as a party to the notice and order. In addition to any other persons who may be liable for a violation, and subject to the exceptions provided in this chapter, the owner shall be jointly and severally liable for the restoration of a site and payment of any civil penalties imposed. D. Violation of critical area provisions of this code means: 1. The violation of any provision of City Ordinance No. 49 (Interim Critical Areas Ordinance) or of the administrative rules promulgated thereunder. Ordinance number 49 adopted Spokane County Code, chapter 11.20, as its interim critical areas regulations; 2. The failure to obtain a permit required for work i.n a critical area; or Ordinance 04 -013 Article 1 Section 1.20 Enforcement/Penalties Page 14 of 17 DRAFT 3. The failure to comply with the conditions of any permit, approval, terms and conditions of any sensitive area tract or setback area, easement, covenant, plat restriction or binding assurance, or any notice and order, stop work order, mitigation plan, contract or agrec:rnent issued or concluded pursuant to the above - mentioned provisions. E. Any person in violation of the critical areas ordinance may be subject to civil penalties, costs and fees as follows: 1. According to the civil penalty schedule under Section 1.20.33 of this chapter, provided that the exact amount of the penalty per violation shall be determined by the City based on the physical extent and severity of the violation; or 2. The greater of: a. an amount determined to be equivalent to the economic benefit that the person responsible for a code violation derives from the violation, measured as the total of: 1) the resulting increase in market value of the property; 2) the value received by the person responsible for a violation; 3) the savings of construction costs realized by the person responsible for a code violation as a result of performing any act in violation of the critical area ordinance; or b. Code compliance costs (such amount not to exceed $25,000.00) incurred by the City to enforce City Ordinance number 49 (interim Critical Areas Ordinance) as adopted or hereafter amended or replaced with permanent Critical Areas ordinances or regulations against. the person responsible for a code violation. 1.20.38. - Cost recovery. A. In addition to the other remedies available under this chapter, upon issuance of a notice and order or stop work order the City shall charge the costs of pursuing code compliance and abatement incurred to correct a code violation to the person responsible for a code violation. These charges include: 1. Reasonable legal fees and costs. For purposes this section, "reasonable legal fees and costs" shall include, but is not limited to legal personnel costs, both direct and related, incurred to enforce the provisions of this chapter; and 2. Administrative personnel costs. For purposes of this section, "administrative personnel costs" shall include, but are not limited to administrative employee costs, both direct and related, incurred to enforce the provisions of this chapter; and 3. Abatement costs. The City shall keep an itemized account of costs incurred by the City in the abatement of a violation under this chapter. Upon completion of any abatement work, the City shall prepare a report specifying a legal description of the real property where the abatement work occurred, the work done for each property, the itemized costs of the work, and interest accrued; and 4. Actual expenses and costs of the City in preparing notices, specifications and contracts; in accomplishing or contracting and inspecting the work; and the costs of any required printing, mailing or court filing fees. 13. Such costs are due and payable thirty (30) clays from mailing of the invoice. C. All costs assessed by the City in pursuing code compliance and/or abatement create a joint and several personal obligation in all persons responsible for a violation. The Office of the City Attorney, on behalf of the City, may collect the costs of code compliance efforts by any appropriate legal means. D. in addition to, or in lieu of, any other state or local provision for the recovery of costs, the City may, after abating a violation pursuant to this article, file for record with the Spokane County Auditor to claim a lien against the real property for the assessed costs identified in this chapter if the violation was reasonably related to the real property, in accordance with the provision regarding mechanic's liens in RCW 60.04, and said lien shall be foreclosed in the same manner as such liens. E. Any lien filed shall be subordinate to all previously existing special assessment liens imposed on the same property and shall be superior to all other liens, except for state and county taxes, with which it shall share priority. The City of Spokane Valley may cause a claim for lien to be filed for record within ninety (90) days from the later of the date that the monetary penalty is due or the date the work is completed or the nuisance Ordinance 0" -013 Article 1 Section 1.20 Enforcement/Penalties Page 15 of 17 DRAFT abated. The claim of lien shall contain sufficient information regarding the notice of violation, a description of the property to be charged with the lien, the owner of record, and the total of the lien. Any such claim of lien may be amended fmm time to time to reflect changed conditions. Any such lien shall bind the affected property for the period as provided for by state law. 1.20.39. — Collection of civil penalties, fees and costs. The City may use the services of a collection agency in order to collect any civil penalties, fees, costs and/or interest owing under this chapter. 1.20.40. - Abatement. A. Emergency Abatement: Whenever a condition constitutes an immediate threat to the public health, safety or welfare or to the environment, the City may summarily and without prior notice abate the condition. Notice of such abatement, including the reason for it, shall be given to the person responsible for the violation as soon as reasonably possible after the abatement. B. Judicial Abatement: The City may seek a judicial abatement. order from Spokane County Superior Court, to abate a condition which continues to be a violation of this code where other methods of remedial action have failed to produce compliance. C. The City shall seek to recover the costs of abatement as authorized by this article. 1.20.41. - Code compliance abatement fund — authorized. A. All monies collected from the assessment of civil penalties and for abatement costs and work shall be allocated to support expenditures for abatement, and shall be accounted for through either creation of an account in the fund for such abatement costs, or other appropriate accounting mechanism. 1.20.42. - Administrative appeals — standing - filing requirements. A. Any person issued a notice of violation or named in a notice and order or stop work order, and any owner of the land where the violation for which a notice of violation, notice and order or stop work order is issued may file a notice of appeal of the following: 1. notice of violation; 2. notice and order; 3. top work order; B. A complainant who requests to be kept advised may appeal a determination of compliance by the City. C. A person that does not meet the requirements of A) or (B) above does not have standing to appeal under this chapter. D. Any person filing an appeal under this chapter who was issued a notice of violation or order, or is the owner of the land where the violation occurred, shall do so by obtaining the appeal form from the City and filing the completed appeal form within twenty (20) days of service of the notice of violation, notice and order or stop work order. A complainant who appeals the determination of compliance by the City must file any such appeal within twenty (20) days of service of the determination of compliance. E. Any administrative appeal considered under this chapter will be determined by the Hearing Examiner pursuant to Spokane Valley Ordinance 57, unless in conflict with specific provisions of this chapter, in which case the specific provisions of this chapter shall control. 1.20.43. — Administrative appeal — notice of hearing. Upon receipt of a notice of appeal, the City shall provide a hearing notice stating the tithe, location and date of the hearing on the issues identified on the notice of violation, notice and order or stop work order. The City shall mail this notice by certified mail, five -day return receipt requested, to the person(s) responsible for a violation. 1.20.44. - Administrative appeal — procedures. A. The appeal bearing shall be conducted as provided for in Spokane Valley Ordinance 57 as adopted or hereafter amended. Ordinance 04 -013 Article 1 Section 1.20 Enforcement/Pcnalties Page 16 of 17 \.J DRAFT B. Enforcement of any notice and order of the City issued pursuant to this article shall be stayed during the pendency of any administrative appeal except when the City determines that the violation poses a significant threat of immediate and/or irreparable harm and so states in any notice and order issued. C. Enforcement of any stop work order issued pursuant to this chapter shall not be stayed during the pendency of any administrative appeal under this - chapter. D. When multiple notices of violation, notices and order or stop work orders have been issued, simultaneously for any set of facts constituting a violation, only one appeal of all the enforcement actions shall be allowed. 1.20.45. — Administrative appeal — final order. A. Following review of the evidence, the Hearing Examiner shall issue a written order containing findings and conclusions, and shall affirm or modify the notice of violation, notice and order or stop work order previously issued if the Hearing Examiner finds that a violation has occurred. The Hearing Examiner shall uphold the appeal and reverse the citation or order if the examiner finds that no violation occurred. B. If an owner of property where the violation has occurred has affirmatively demonstrated that the violation was caused by another person or entity not the agent of the property owner and without the owner's knowledge or consent, such property owner shall be responsible only for abatement of the violation. Strict compliance with permit requirements may be waived regarding the performance of such abatement in order to avoid doing substantial injustice to a non - culpable property owner. C. The Hearing Examiner's final order shall be final and conclusive unless proceedings for review of the decision are properly commenced in Spokane County Superior Court within the time period specified by applicable state law. D. A final order by the Hearing Examiner affirming, revoking or modifying a notice of violation, notice and order or stop work order is a final decision. � 1 �.. J 1.20.46. - Judicial enforcement — petition for enforcement. A. In addition to any other judicial or administrative remedy, the Office of the City Attorney, on behalf of the City, may seek enforcement of the City's order by filing a petition for enforcement in Spokane County Superior Court. B. The petition must name as respondent each person against whom the City seeks to obtain civil enforcement. C. A petition for civil enforcement may request monetary relief, declaratory relief, temporary or permanent injunctive relief, and any other civil remedy provided by law, or any combination of the foregoing. Ordinance 04 -013 Article I Section 1.20 Enforcement/Penalties Page 17 of 17 SHB 1734 CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: 3/23/04 City Manager Sign Off Item: Check all that apply: ❑ consent ❑ old business 01 new business ['public hearing ❑Information ❑ admin. report 0 pending legislation AGENDA ITEM TITLE: First Reading of Ordinance to amend Spokane Valley Ordinance #40 and Spokane Valley Ordinance #41. (relating to 12 February 2004 Planning Commission Public Hearing and 24 February 2004 Administrative Report at City Council concerning proposed ordinance) GOVERNING LEGISLATION: RCW 19.27 State Building Code WAC 51 -50 -007 Exceptions PREVIOUS COUNCIL ACTION TAKEN: Spokane Valley Ordinance #40 Spokane Valley Ordinance #41 BACKGROUND: When the City of Spokane Valley established the Building Code and the Fire Code in Ordinances #40 and #41, the ordinances mandated fire sprinklers in all buildings containing over 8000 sq ft of floor area. This area requirement disregarded basements, fire compartmentalization, types of construction or building usage. It also mandated retrofitting sprinklers in any building that had an addition put on that would make it 8000 sq ft in floor area or more. This portion of the code is not supported by current national and state of Washington codes or the 2003 International Building Code, the code mandated by the state of Washington for implementation on 1 July 2004. Although automatic fire sprinklers work to control or suppress fires, implementation of an overzealous ,approach to any code requirement defeats the ideas of uniformity and minimum requirements. The recently approved Spokane Valley Ordinance 04 -010, the Spokane Valley Building Code, does not echo the 8000 sq ft threshold requirement. That code only supports the minimum requirements found in the International Codes. The International Code fire sprinkler requirements are founded on principles of fire science and are promoted uniformly across the country. This change will allow designers or contractors the ability to use the Spokane Valley Building Code Ordinance 04 -010 as an alternative to the current Spokane Valley Building Code for design or construction until 1 July 2004. This amendment to the current (1) ordinances establishes an equal level of fire safety allowing our construction industry to use the 2003 IBC as an alternative to the 97 UBC. Using this approach is an educational tool that will not only help our designers and contractors understand the 2003 International Codes, but having this flexibility will allow our inspection and plan review team to more slowly adjust to the new ideas expressed in the new code. Approval will allow contractors and designers the option of using which ever code may benefit them greatest while promoting safe development and growth in our built environment. The Public Hearing was held on 12 February 2004 Planning Commission Meeting. The Planning Commission concluded the hearing and recommended the ordinance to Council for consideration. Council discussed this proposed ordinance during an Administrative Report 24 February 2004 and recommended the ordinance for first reading. OPTIONS: Approve or reject Ordinance at First Reading. RECOMMENDED ACTION OR MOTION: Motion to approve proposed ordinance amending Spokane Valley Ordinances #40 and #41. BUDGET /FINANCIAL IMPACTS: May reduce the cost of construction for the private sector. No anticipated financial impact for the City is anticipated. STAFF CONTACT: Spokane Valley Building Official Scholtens Attachment: Proposed Ordinance DRAFT AN ORDINANCE OF THE CITY OF SPOKANE VALLEY, WASHINGTON, AMENDING THE CITY OF SPOKANE VALLEY ORDLNANCE #40, SECTION 5 AND ORDINANCE #41, SECTION 9, BY REPEALING THE AUTOMATIC FIRE SPRINKLER PROVISIONS STATED WITHIN THOSE SECTIONS AND SUBSTITUTING THE AUTOMATIC FIRE SPRINKLER PROVISIONS FOUND WITHIN THE 2003 INTERNATIONAL BUILDING CODE, SECTION 903. WHEREAS, Washington statutes require all jurisdictions in the state to adopt by reference and enforce. the same building code throughout Washington; and WHEREAS, Washington established the 2003 International Codes, promulgated by the International Code Council (ICC), as the basis of the new State Building Code pursuant to SHB 1734 and RCW 19.27. The exceptions to the International Codes are the 2003 Uniform Plumbing Code published by the International Association of Plumbing and Mechanical Officials and the National Electrical Code, published by the National Fire Protection Association. WHEREAS, The City of Spokane Valley through Ordinance #40, Section 5 and Ordinance #41 Section 9 changed the Washington State Building Code requirements by mandating automatic fire sprinklers in all buildings over 8000 sq if in floor area. WHEREAS, the Washington State Building Code will adopt by reference the 2003 International Building Code by July 1, 2004. NOW, THEREFORE, the City Council of the City of Spokane Valley, Washington, do ordains as follows: Section 1. Amend City of Spokane Valley Ordinance #40, Section 5 as follows: "Section 5. Section 904.2.2 all occupancies except Group R Division 3, and Group U Occupancies. Section 904.2.2 of the Uniform Building Code is amended as follows: +tgs -when sg t+tcre-fe l ements -tlte ist g i 4 en4 erefitairkii 49 - e g fleer-that- is- eeetipie r -err CITY OF SPOKANE VALLEY SPOKANE COUNTY, WASHINGTON ORDINANCE NO. 04-014 Ordinance 04 -014, Fire Sprinkler Provisions (Amending Ordinance 40 Section 5; and Ordinance 41 Section 9) F©up R, Division 3. For etieeeds -8,000 ea ciuding -the 7 000 ;quart feet. e-b Page 1 of 2 DRAFT "Section 9. Uniform Fire Code - Section 1003.2.2 - Automatic Sprinklers Required. Section 1003.2.2 of the Uniform Fire Code is amended as follows: ATTEST g. [Deleted} 1. All automatic Fire Sprinkler Systems shall be installed in full compliance with the 2003 Edition of the International Building Code." Section 2. Amend City of Spokane Valley Ordinance #41, Section 9 to read as follows: Section 1-003.2.2 Al, --O .._ ::•- D metiesp ler-systemrrshall-be-insta'�= Christine Bainbridge, City Clerk Approved as to form: Approved by the City Council this Cary P. Driskell, Deputy City Attorney Date of publication: Effective date: ept for Croup U • s- 8,090-sqeaFe-feet. If on R, Division 3, D 1. All automatic Fire Ssrin.kler S stems shall be installed in full com liance with the 2003 Edition of the International Building Code." Section 3. Severability. If any section, sentence, clause or phrase of this ordinance shall be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of any other section, sentence, clause or phrase of this ordinance. Section 4. Effective date. This ordinance shall be in full force and effect five (5) days after publication of this ordinance or a summary thereof in the official newspaper of the City as provided by law. day of , 2004. Michael DeVleming, Mayor Ordinance 04 -014, Fire Sprinkler Provisions Page 2 of 2 (Amending Ordinance 40 Section 5; and Ordinance 41 Section 9) CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: March 23, 2004 City Manager Sign -off: Item: Check all that apply: ❑ consent ❑ old business ® new business ❑ public hearing 0 information ❑ admin. report ❑ pending legislation AGENDA ITEM TITLE: Award of Centerplace Construction Contract GOVERNING LEGISLATION: PREVIOUS COUNCIL ACTION TAKEN: Council accepted the Centerplace project from Spokane County, sold bonds to help finance its construction, authorized transfer of Architectural Consulting Services contract with Tan Moore Architects from Spokane County to Spokane Valley for remaining work on the project, and has authorized staff to proceed with the completion of project. BACKGROUND: The design of the Centerplace project was initially started by Spokane County under a contract with Tan Moore Architects. Upon incorporation, the City of Spokane Valley has taken on the responsibility for the completion of the project. Last December Spokane Valley initiated a small works contract to AM Landshapers for stripping, stockpiling, and screening the top 12" of soil from the surface of the Centerplace site. This stripping has been complete and the screening and topsoil will continue as weather permits. On February 3, 2004 Spokane Valley issued a call for bids for the construction of Centerplace. The bid included a base bid plus two alternate bid items; 1) tile roofing in lieu of asphalt shingles and 2) construction of the south parking area with landscaping. The bids were opened on March 2, 2004. All bids were accepted as responsive. One mathematical error was made in one bid as noted in the attached bid tabulation. The apparent lowest responsible bidder is Mooney and Pugh Contractors, Inc. for the amount of $7, 590,062.00, which includes both alternate bid items. The Architect's Estimate was $7,975,840.00. OPTIONS: To award the bid for the construction of Centerplace to Mooney and Pugh Contractors, Inc. RECOMMENDED ACTION OR MOTION: The Public Works Department, the Project Architect, and the Parks and Recreation Department recommend the Council authorize 1) the award of this contract to Mooney and Pugh Contractors, Inc. in the amount of $7,590,062.00 and 2) the City Manager to enter into an agreement with the contractor. BUDGET /FINANCIAL IMPACTS: The total cost for this award is $7,590,062.00, which will come out of the Centerplace budget item. STAFF CONTACT: Neil Kersten, Steve Worley ATTACHMENTS: Bid tabulation, letters of recommendations to award. DRAFT CITY OF SPOKANE VALLEY SPOKANE COUNTY, WASHINGTON RESOLUTION NO. 04-005 A RESOLUTION OF '1 CITY OF SPOKANE VALLEY, SPOKANE COUNTY WASHINGTON DESIGNATING THE LOWEST RESPONSIBLE BIDDER AND AUTHORIZING EXECUTION OF A CONTRACT FOR THE, CONSTRUCTION OF CENTERPLACE AT MIRABEAU POINT PARK WHEREAS, the City of Spokane Valley is a non - charter code city of the State of Washington operating under RCW Title 35A; and WHEREAS, pursuant to RCW 35A.40.200 the City has the authority to make public improvements and to perform public works under the authority provided for by general law, including but not limited to, the provisions of RCW Chapter 39.04 (Public Works), RCW Chapter 39.08 (Contractor Bonds), RCW Chapter 39.12 (Prevailing Wages) and RCW Chapter 60.28 relating to liens for materials and labor performed; and WHEREAS, the City through bid documents titled "CenterPlace at Mirabeau Point Park" issued on January 30, 2004 and made available for public inspection on February 4, 2004 (the "Bid Documents ") has received bids and desires to award a contract for the work generally described as the construction of CenterPlace at Mirabeau Point Park; and WHEREAS, Staff has evaluated the bids based, in part, upon the following criteria, where applicable: (a) The price quoted to perform the work; (b) The ability, capacity and skill of the contractor to perform the work; (c) The compliance of the contractor with the Bid Documents and the laws relating to the contract; and (d) Other information that is relevant to the award of the contract; and WHEREAS, following evaluation of the bids, the Director of Public Works finds the below - named bidder to be the lowest responsible bidder and recommends award of the work in the Bid Documents through a contract (the "Contract ") ; and WHEREAS, the Council desires to proceed with the work identified in the Bid Documents and award the Contract to the lowest responsible bidder as reflected on Attachment "A" which is the I3id Tabulation Form prepared on behalf of the Director of Public Works. NOW THEREFORE, be it resolved by the City Council of the City of Spokane Valley, Spokane County, Washington as follows: The City acknowledges the lowest responsible bidder to be Mooney and Pugh Contractors, Inc. as indicated by the submitted bid (the "Bid "). The City Manager or Designee is authorized to send an award letter to the lowest responsible bidder and cause a Contract and related Contract Bonds to be executed on behalf of and for the benefit of the City. The Contract and Contract Bonds shall: (a) be in a form substantially similar to the Contract and Bond requirements contained in the Bid Documents; (b) comply with all requirements of State law, City Ordinance and the Bid Documents; (c) be signed by the City Manager and approved by the City Attorney; and (d) be filed with the City Clerk. Resolution 04 -005 Accepting CenterPlace Bid Page 1 of 2 This Resolution is an acknowledgement that the City has received an offer to make a contract through the Bid. Upon execution of a Contract for the work set forth in the Bid Documents, the City will be deemed to have accepted the Bid and the work will proceed according to the Contract. DRAFT Adopted this _ day of March, 2004. Attest: City of Spokane Valley Christine Bainbridge, City Clerk Michael DeVleming, Mayor Approved as to form: Stanley M. Schwartz, City Attorney Resolution 04 -005 Accepting CenterPlacc Bid Page 2 of 2 Madsen Mitchell Evenson &Conrad pf c Architecture Interiors Construct Management 216 North Howard Skywalk level Spokane,lti?shington 99201 5D9.624.63D0 fax 509.624 -6262 madmitch.coar 49332 Sobek Road East P.o. Box 182 Edwall, Washington 99008 509.236.2311 fax 509 - 236.2451 madmitch.com March 11, 2004 Steve Worley, PE Senior Engineer City of Spokane Valley 11707 E. Sprague Ave. Spokane Valley, \'VA 99206 RE CenterPlace Dear Steve, As you know, we received 10 bids for this project. Including altemates and sales tax, the low bid was $7,590,062 compared to the architect's estimate of $7,975,840. The number of bidders, tightness of the bid spread (less than 6%), and their closeness to the estimate are all good signs. We have checked a couple of past projects of the low bidder, Mooney and Pugh Contractors, Inc., and found nothing that would deter the city from entering this contract with them. We also have worked with Mooney and Pugh on a similar -sized publicly bid project with good results. In addition, our engineering consultants have worked with the listed HVAC, plumbing, and electrical engineers and they all appear to be reputable firms. We therefore recommend that the city award this contract to the low bidder, Mooney and Pugh tnc. If you have any questions or comments regarding this recommendation, please don't hesitate to call. Sincerely, 400., Doug Mitchel, AIA Thank you. cirYUr" Spokane Valley 11707 E Sprague Ave Suite 106 • Spokane Valley WA 99206 509.921.1000 • Fax: 509.921.1008 • cityhall®spokanevalley.org Memorandum To: Neil Kersten, Public Works Director, and Steve Woe ; Senior Engineer From: Mike Jackson, Parks and Recreation Director / CC: Ken Thompson, Finance Director Date: 3/10/04 Re: CenterPlace Bids As noted in your draft letter and bid tabulations of March 4, 2004, the CenterPlace bid of. $7,590,062.00, submitted by Mooney and Pugh Contractors, Inc. is the apparent low bid. This amount is within the construction budget of $7,600,000 currently set for this phase of the project. Based on the above, and with regard to considerations of the Parks and Recreation Department 1 recommend that you proceed with the bid award. iiT�r Spokane �dlley Contractors Architect's Estimate BID TABULATION - Centertlace aLMirabeau Point Park PROJECT NO. 04-001 BID OPENING DATE March 2, 2004, 3:00 P.M, 11 _1( Item 1 Tax 1 Total Rem 2 Bid Tax Total Item 3 Bid Tax Total Grand Total J $ 7,053,639 S 571.345 $ 7,624,984 $ 164,783 $ 13,348 $ 178,109 $ 150,803 S 12.944 $ 172,747 $ 7.975,840 1 Mooney & Pugh Contractors, Inc, $ 6.793,000 $ 550.233. $ 7,343.233 $ 98,645 $ 7,900 $ 106,635 $ 129,689 $ 10,505 $ 140.194 $ 7,590,062 2 Associated Constriction, Inc.' $ 6.890,015 $ 558,091 $ 7,448.108 $ 99,992 $ 8,099 $ 108,091 $ 119,928 $ 9,714 5 129.640 $ 7,685,839 3 Levemier Construction, Inc. $ 7,007.000 $ 567,567 $ 7,574,587 S 70,100 $ 5,678 $ 75,778 $ 129,800 $ 10,514 S 140,314 5 7,790.659 4 Lydig Construction. Inc. S 6,971,700 $ 584,708 $ 7,536,406 $ 121,000 5 9.801 5 130,801 S 116,719 $ 9,454 $ 126,173 $ 7,793,382 5 Northwestern Construction of WA $ 6,979.713 $ 565,357 $ 7,545,070 $ 99,611 $ 8.068 S 107,679 S 133,466 5 10,811 $ 144,277 $ 7,797,026 6 Leone & Keobic, Inc. $ 7,020,851 $ 566,689 5 7,589,540 $ 140,989 $ 11,420 $ 152.409 $ 118,480 S 9,597 $ 128,077 $ 7,870,026 7 TIN Clark Construction, LLC. $ 6,968,040 S 564,411 $ 7,532,451 $ 217,400 $ 17,609 $ 235,009 $ 124,200 5 10,050 $ 134,260 $ 7,901,721 8 Shea Graham Construction, Inc. $ 7.057,041 $ 571,620 $ 7.828.881 $ 128,026 $ 10,370 $ 138,396 $ 127,167 $ 10,301 5 137.468 $ 7,904,525 0 Bouten Construction Company $ 7,042,027 $ 570,404 $ 7,612,431 $ 189,223 $ 15,327 $ 204,550 $ 150,140 $ 12,161 $ 162,301 5 7,979.283 10 Garco Construction, Inc. 5 7,049,000 $ 570,969 $ 7,819,969 $ 230,000 $ 18,630 $ 248,630 $ 160,000 $ 12,960 5 172,960 S 8,041,559 'Note: Calculation for moles tax on Bid Item 1 was corrected horn $80,846 (as indicated in their bid) to 5558,091 CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: 03 - 23 - 2004 City Manager Sign -off: Item: Check all that apply: ❑ consent ❑ old business ❑ new business ❑ public hearing x information ❑ admin. report ❑ pending legislation AGENDA ITEM TITLE : Official Newspaper GOVERNING LEGISLATION: RCW 65.16.020: Qualifications of legal newspaper. The qualifications of a legal newspaper are that such newspaper shall have been published regularly, at least once a week, in the English language, as a newspaper of general circulation, in the city or town where the same is published at the time of application for approval, for at least six months prior to the date of such application; shall be compiled either in whole or in part in an office maintained at the place of publication; shall contain news of general interest as contrasted with news of interest primarily to an organization, group or class; shall have a policy to print all statutorily required legal notices; and shall hold a periodical class mailing permit. PREVIOUS COUNCIL ACTION TAKEN: On December 17, 2002, Interim Manager Walton reviewed proposal information submitted by various local newspapers as to their capability and costs for providing legal publication services to the City, and recommended that the City authorize a one -year contract with Spokesman- Review for legal publication services. Thereafter, council approved Resolution No. 02 -11 Designating the Spokesman review as the Official Newspaper and authorized City Manager to execute a one -year contract with The Spokesman Review for legal advertising services. The motion carried unanimously. OPTIONS: (1) Retain the Spokesman Review as the official newspaper and authorize City Manager to execute a new contract; or (2) Approve Resolution 04 -006 Designating the Spokane Valley News Herald as the official newspaper RECOMMENDED ACTION OR MOTION: BUDGET /FINANCIAL IMPACTS: STAFF CONTACT: Chris Bainbridge ATTACHMENTS January 31, 2004 memo from Chris Bainbridge to Dave Mercier Newspaper Comparison Spreadsheet, publication costs last year Sp& Memorandum To: Dave Mercier, City Manager From: Chris Bainbridge, City Clerk Date: January 31, 2004 Re: Newspaper Advertising Comparisons 11707 E Sprague Ave Suite 106 • Spokane Valley WA 99206 509.921.1000 • Fax: 509.921.1008 ♦ cityhall@spokanevalley.org A "Request for Newspaper Publication Services" was sent mid - December to the Spokesman Review, the Local Planet, the News Herald, and the Journal of Business. We received responses from the Spokesman Review, the News Herald, and the Journal of Business. We will not be able to use the Journal of Business as our official newspaper as it is a bi-wcckly publication and state law requires at least weekly. Below are the comparisons: News Herald: weekly publication legal notices .75 per agate line the first run .65 per agate line thereafter which equals 510.50 per column inch first run and $9.10 per column inch second run (columns measure 1.75" wide, type size 6 point) The Herald meets the qualifications of a legal newspaper and is currently the legal newspaper for Spokane County Spokesman Review Daily 2.87 per line, per day Daily ICD 540.24 per inch [columns measure 1.25" wide] Sat /Sun 3.17 per line per day Sat/Sun ICD $44.40 per inch [columns measure 2 1/16 "] (ICD = Illustrated Classified Display) Spokesman Weekly Publications: Thursday Valley Voice .79¢ per line per day or S11.03 per inch 1CD Saturday Valley Voice .86¢ per line per day or 512.03 per inch ICD Our contract with the Spokesman review expired the end of the ycar. To designate a different official newspaper, we would need to present Council with a resolution superceding Resolution 02 -011. If we want to continue with the Spokesman Review, we need a new contract. Let me know how you would like me to proceed. SPOKESMAN REVIEW* 'FAL Y. WS HERALD. -'-': :i, per line 1st run per line add'I run 1.12 column inch 1st run 15.61 column inch add'I run Column inch ICirculatiori 'PUBLICATION 1.25" 118,753" Daily TYPE 1,12 0.75 0.65 10.5 9.1 1.75 '1Y. 0 0 .:::::.,; VVeekly SPOKESMAN REVIEW DAILY 2.87 40.24 1.25' SPOKESMAN REVIEW SAT/SUN 3.17 44.4 1.25" Spokesman " figure is average: ' Mon,Tu,Th, Fri Wednesdays Saturdays Sundays . 100,587 122,847: 118,921 132,587 efald'P aP,prok - ate _Spokesman boasts • reater circulation Herald boasts running more legals than others, and they are Spokane County's official news .a , er _ _ __ _ . _ . .. _ _ _. ... _ _ . _ _ ' Contract Rate: minimum $15,000 . _ . _ annual legal advertising: retain Spokesman as kgal newspaper far not less 1 than one year . PUBLICATION DATA Year # Summa Ordinances $ Summary Ordinances # Public Hearing $ Public Hearings # Other Legals $ Other Legals 5 TOTALS 2002-2003 98 9981.7 40 2981.51 46 3480.54 16443.75 2004 5 423.84 10 871.93 3 299.32 1595.09 18038.84 Total Cost: 318,038.84 divided by Spokesman Review column inch cost $15.61 = approximately 1,155.60 co column inches imes $10.50 column inch cost of Herald = $12,133.80 umn inches run 1 '1,155.60 Use of the Herald for those inches would have saved approximately $6,000 annually CITY OF SPOKANE VALLEY CIRCULATION Sunday S.R. 99016- 1907 99016- 1315 99016- _ 1315 99212- 3567 99212- 2930 99212- 2930 99216- 4250 99216- 3395 99216- _ 3395 99206- 3613 99206- 1791 99206- 1791 99037- 2375 99037- 1852 99037- 1852 TOTAL 15,712 TOTAL 11,283 TOTAL 11,283 Wednesday S.R. Thursday S.R. 99016 - 1,797 99016 - 1315, 99016 - 1315 99016 - 1834 99212 - 3,700 99212 - 2930 99212 - 2930 99212 - 3540 99216 - 4,325 99216 - 3395 99216 - 3395 99216 - 4211 99206 - 3,610 99206 - 1791 99206 - 1791 99206 - 3584 99037 - 2,368 99037 - 1852 99037 - 1852 99037 - 2356 TOTAL 15,800 TOTAL • 11,283 TOTAL 11,283 TOTAL 15,525 'Thursday Saturday Valley Voice Valley Voice 11,283 15,525 Monday S.R. Tuesday S.R. Friday S.R. Saturday S.R. MI IN • • • • ... . . : Box 147.020 Spokan 'WA 99214. , 41 509)'924.z44o Fai ( )_92i :jfs , Attention: Company: a FAX Number: % /- /oo I' Notes: riz 5(1 30 0,04 C. i r. L% (/ e i ��,e a rnof % //chic / { Spokane Valley News Herald From: Total Pages: (includes cover letter). . "Seri►ing •the Spokan Date: /0 L/7 P LO i,� Q 3 » f u..z_0 n4 �eb iron a r o rs "a i-/ DRAFT Section 1. Official Newspaper. CITY OF SPOKANE VALLEY SPOKANE COUNTY, WASHINGTON RESOLUTION NO. 04-006 A RESOLUTION OF THE CITY OF SPOKANE VALLEY, SPOKANE COUNTY, WASHINGTON, MODIFYING AND SUPERSEDING RESOLUTION NO. 02 -11 REGARDING DESIGNATION OF AN OFFICIAL NEWSPAPER FOR THE CITY OF SPOKANE VALLEY WHEREAS, on December 17, 2002, the Spokane Valley City Council passed Resolution 02 -11 which designated the Spokesman- Review as the official newspaper of the City of Spokane Valley; and WHEREAS, in December 2003, the City of Spokane Valley, made a request for newspaper services setting forth the requirements of the City of Spokane Valley, seeking a fee proposal and stating the place and time for submission of the proposal to the City of Spokane Valle}; and WHEREAS, the City of Spokane Valley has received proposals for newspaper services and it is desirous of re- designating an official newspaper of the City of Spokane Valley; and WHEREAS, as a cost savings mechanism, the City of Spokane Valley desires to change the current official newspaper of the City of Spokane Valley. NOW THEREFORE, be it resolved by the City Council of the City of Spokane Valley, Spokane County, Washington, that Section 1 of Spokane Valley Resolution 02 -011 is modified as set forth below: The City of Spokane Valley, Spokane County, Washington through its City Council designates the Spokane Valley News Herald as the official newspaper of the City of Spokane Valley. The City shall submit to the newspaper its legal notices, ordinances (or summaries thereof) and all other matters, which shall be published pursuant to state law. The newspaper after publication, shall provide an affidavit to the City of Spokane Valley setting forth the text and date of publication. This Resolution shall not prevent the City from publishing notices, advertising or other matters in other available publications. 2. Effective Date. This Resolution shall become effective immediately upon passage by the Spokane Valley City Council. Adopted this day of March, 2004 Attest: Christine Bainbridge, City Clerk Resolution 04 -006 Official Newspaper City of Spokane Valley Michael DeVleming, Mayor CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: March 23, 2004 City Manager Sign -off: Item: Check all that apply: ❑ consent XX old business ❑ new business ❑ public hearing ❑information ❑ admin. report ❑ pending legislation AGENDA ITEM TITLE: Senior Center Bus GOVERNING LEGISLATION: PREVIOUS COUNCIL ACTION TAKEN: This topic has been discussed by Council on February 24, March 2, and March 16, 2004. BACKGROUND: At the March 16 meeting, a representative of the Spokane Valley Senior Center Association presented the Association's request that the City operate the bus. Their request was for an agreement similar to the one they have had with Spokane County. A copy of their agreement with the County is attached. This raises the issue of whether or not the City should have the responsibility of transportation for the Senior Center. In 1999, the Spokane Valley Senior Center Association donated a Starcraft Allstar 17- passenger bus to Spokane County. In return, the County operated the bus for the Senior Center. The County is now transferring the bus back to the Association. The expected date of the transfer is on or about May 1, 2004. City staff has worked with the Association in developing assumptions of usage, replacement schedule and operating costs. There appear to be other transportation alternatives that can accommodate more people at a lower cost. The attached memo from February 27 provides additional information. Staff proposes providing financial assistance to the Spokane Valley Senior Center Association for the remainder of 2004. This would help the Association through the transition of becoming directly responsible for its transportation, either through the operation of its own bus or through altemative providers, as its members consider appropriate. OPTIONS: (1) Assist the Spokane Valley Senior Center in the cost of transportation. Upon proper documentation, the cost (up to a maximum of $4,300) would be subtracted from the annual payment ($12,000) that the Association currently pays to the City. This amount is comparable to the funds the City would have expended on a driver for the bus for the remainder of 2004. (2) Don't provide financial assistance when the bus is transferred back to the Senior Center Association in May 2004. RECOMMENDED ACTION OR MOTION: Offer the assistance of $4,300 to the Association to assist them as they take responsibility for transportation at the Senior Center. BUDGET /FINANCIAL IMPACTS: Maximum cost to City of $4,300. Additional impacts described in attachment. STAFF CONTACT: Mike Jackson, Parks and Recreation Director ATTACHMENTS Senior Center Bus Memorandum of 2/27/04 Agreement between Spokane County and Spokane Valley Senior Center Association S�k �J Memorandum To: Dave Mercier, City Manager From: Mike Jackson, Parks and Recreation Director CC: Nina Regor Date: February 27, 2004 Re: Senior Center Bus Driver $ 5,625 Annual Replacement Cost $17,300 Annual Operating Cost $ 5,000 11707 E Sprague Ave Suite 106 • Spokane Valley WA 99206 509.921.1000 • Fax: 509.921.1008 • cityhallOspokanevalley.org As requested, I am providing a cost comparison of contracting bus services versus operating the Spokane Valley Senior Center Bus for Tuesday and Thursday routes. In order to simplify this process, the Spokane Valley Senior Center Association (the Association) Treasurer and 1 agreed to the following assumptions: • The average number of passengers on Tuesdays and Thursdays is 13. • The Tuesday /Thursday bus routes take about 5 hours each for a total of 10 hours per week. The Bus runs a total of 500 hours /year on the Tuesday/Thursday routes. • A reasonable life -cycle of a 17 passenger bus is 7 years. • The existing bus would be eligible for replacement in 2006. • The estimated maintenance and operating cost of the bus is .50 /mile This is roughly based on current IRS vehicle reimbursement cost of $.365 with additions for low gas mileage, etc. • The bus runs approximately 40 miles per week for the Tuesday /Thursday route and about 8,000 miles per year for field trips for a total of 1 0,000 miles per year. In the following examples, the replacement cost and the maintenance and operation costs are borne by the Tuesday and Thursday runs as that is what is actually occurring. The first example assumes that a replacement bus is funded over the next 3 years (2004, 2005, and 2006). Costs in the examples are static for ease of comparison. In reality, costs would be expected to rise and passenger numbers would likely increase as well. $27,925 $27,925 divided by 500 hours annual operation = $55.85 per hour of current operation versus $15,000 (contracted cost) divided by 500 hours = $30.00 per hour for contract busing. $27,925 divided by 1300 riders /year = $21.48 per rider per round trip versus $15,000 (contracted cost) divided by 1300 riders/year = $11.54 per rider per round trip for contracted busing. The second example reflects the cost of a new bus being funded over 7 years. This would more closely represent ongoing costs. Driver $ 5,625 Annual Replacement Cost $ 7,429 Annual Operating Cost $ 5,000 $18,054 divided by 500 hours annual operation = $36.10 per hour of operation versus $30.00 per hour for contract busing $18,054 divided by 1300 riders /year — $13.89 per rider per round trip versus $11.54 per rider per round trip for contracted busing. Based on the cost, and the limited capacity of the 17 passenger bus, it is my recommendation that the City of Spokane Valley not accept the transfer of the bus from the Association. I would restate my suggestion that the City contribute $4,300 in 2004 toward senior center transportation. This is approximately the cost the City has already funded for a driver for the remainder of 2004. If the Association were to choose contracted busing, they would incur approximately $6,950 in expense in 2004 for the Tuesday and Thursday routes. The Association is currently charging $1.50 per person for the Tuesday/Thursday routes. This generates an estimated $1,950 per year which could possibly be used to help offset their costs. The Association would have the option of selling the bus to help fund contract services or they can continue to utilize it. However, the limited capacity will be a factor in the number of people they are able to serve. With regard to other use, the Association is currently charging about $15 per person in transportation costs for field trips. This same amount would cover the cost of contracted busing, i.e. field trips are usually 8 hours @ $30/hr = $240. If 17 people attend a field trip and pay $15 each for transportation, the Association collects $255 which would pay for the contracted busing. Please let me know if you have any questions. $18,054 NO 99 07 IN THE MATTER OF EXECUTING AN AGREEMENT WITH SPOKANE COUNTY VALLEY SENIOR CITIZENS CENTER WITH RESPECT TO A 1999 STARCRAFT'ALLSTARBUS Page 1 of 2 BEFORE THE BOARD OF COUNTY COMMISSIONERS OF SPOKANE COUNTY, WASH1NGTON RESOLUTION WHEREAS, pursuant to the provisions of RCW Section 36.32.120(6), the Board of. County Commissioners of Spokane County has the care of County property and the management of County funds and business; and WHEREAS, pursuant to the provisions of RCW Section 36.68.01 counties may establish park and playground systems for public recreational purposes and in conjunction therewith shall have the power to acquire lands, buildings and other facilities by gift; and • WHEREAS, Spokane County owns the Spokane Valley Senior Citizens Center located at 11423 East Mission Avenue and anticipates owning the new Senior Citizens Center to belocated at 1vMlrabeau Point. In conjunction with such facilities, Spokane County provides or intends to provide various Senior Citizens Programs, in part by means of a bus used for transportation activities; and WHEREAS, Spokane Valley Senior Citizens Center, a Washington non -profit corporation, is desirous of donating a 1999 Starcraft Allstar Bus and related improvements thereto for use as transportation to activities for users and patrons of the Spokane Valley Senior Citizens Center and new Senior Citizens Center, to be located at Mlrabeau Point, and WFfl REAS, Wyn Birkenthal, Spokane County Parks Director, has recommended that the Board accept donation of the above- referenced vehicle under certain conditions in conjunction with the donation. NOW, THEREFORE, BE IT HEREBY RESOLVED by the Board of County Commissioners of Spokane County, that either the Chairman of the Board, or a majority of the Board, be and is hereby authorized to execute that document cntitled "AGREEMENT," pursuant to which, under certain terms and conditions, the Board of County Commissioners of Spokane County will accept the donation of a 1999 Starcraft Allstar Bus and related improvements from Spokane Valley Senior Citizens Center, such bus to be used solely for transportation to activities for users and patrons of the Spokane Valley Senior Citizens Center and/or new Senior Citizens Center to be located at Mirabeau Point. a(- 5'c 13 -.6 NO. 99 0673 Page Two ATTEST: VICKY M. DAL CLERK OF THE BO PASSED AND ADOPTED this3/' day of Daniela'Erickson, Deputy (r siscnior citizens cantor bus donation 072699 jpe) Page 2 of 2 J 1999. BOARD OF COUNTY COMMISSIONERS OE SPO , COUNTY, WASHINGTON M. KATE Mc SLIN, Chair a I d ROSKELLEY, Vice -C D. HARRI 99 0673 AGREEMENT WHEREAS, Spokane Valley Senior Citizens Center ("SVSCC ") is a Washington non- profit corporation formed to provide services to senior citizens in the Spokane Valley; and WHEREAS, the users of the SVSCC have worked hard for several years and have raised approximately $40,555.88, which was used to acquire a 1999 Starcraft Allstar Bus and related improvements (the "Bus ") for use as transportation to activities for users and patrons of the SVSCC; and WHEREAS, the SVSCC is governed by a Board of Directors (the "Board ") who has determined that it is in the best interests of the SVSCC and users of the SVSCC to donate the bus to Spokane County (the "County ") as long as the Bus is used exclusively for activities of the SVSCC and for so.long as the County is responsible for the maintenance of the Bus; and provides licensing and other necessities associated with the Bus; and WHEREAS, the County, and the SVSCC wish to execute an Agreement to clarify the conditions attached to the donation of the Bus. NOW, THEREFORE, the parties wish to agree as follows: (1) Donation of Bus. The SVSCC agrees to donate the Bus, which it has acquired, to Spokane County exclusively for use for senior citizen and other programs of the SVSCC located at 11423 East Mission Avenue, Spokane, Washington and/or the new Senior Citizens Center to be located at Mirabeau Point. (2) Acceptance of Bus. The County agrees to accept the Bus on the terms and under the conditions set forth herein. (3) SVSCC's Responsibilities. The SVSCC agrees to deliver the Bus immediately upon receipt to the appropriate official of the County. (4) County's Responsibilities. The County agrees, for so long as it has ownership of the Bus, to do the following: (a) Provide appropriate maintenance and upkeep on the Bus to keep it in safe operating condition. (b) Provide and/or pay any licensing and other vehicle fees, if any, on • the Bus. 99 06:3 (c) Provide comprehensive automobile liability coverage of $100,000/$300,000 on the Bus. Such coverage shall be through the County's Risk Pool or an insurance company. • (d) To provide a driver to operate the Bus who shall be adequately and appropriately trained in the operation of said Bus. (e) To make available any proceeds from the sale of the Bus, if ever, to purchase or acquire another Bus or similar vehicle to provide transportation to the users of the SVSCC. • (5) Indemnification. The County shall indemnify, defend and hold harmless the SVSCC from and against all liability, claims, or actions, based upon or arising out of injuries, to include death resulting therefrom, or damages to persons or property caused by or sustained in connection with the County meeting any responsibilities under the terms of this Agreement. (6) Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of Washington. Any action necessary to be brought in order to enforce the terms of this Agreement shall be brought in Spokane County, Washington. (7) Notices. Any notice required to be sent to either party under this Agreement shall be sent as follows: To the SVSCC: To the County Spokane Valley Senior Citizens Center E. 11423 Mission Avenue Spokane, WA 99206 Spokane County Parks and Recreation Department 404 N. Havana Street Spokane, WA 99202 The notice shall be deemed to have been sent on the earlier of the date actually received by the party or three days after it is deposited in a regular US Mail receptacle, first -class postage prepaid. 99 0673 (8) Effective Date. This Agreement shall be effective on and after the date that representatives of both parties have signed the same. SPOKANE_VALLEY SENIOR CITIZENS SPOKA TE COUNTY, WASHINGTON CENTER By: By: Its: Its: President STATE OF WASHINGTON COUNTY OF StaeAr )E On this day personally appeared before me fit & cid lc f to me known to be the President of Spokane Valley Senior Citizens Cent r described in and who executed the within and foregoing instrument, and acknowledged that s; signed the same as 4- free and voluntary act and deed, for the uses and purposes therein mentioned. GIVEN under my hand and official seal this day of se dus spec or normal sm.:wheal) ) ss: Notary Public in an Residing at S My commission expires 92,9 On this day personally appeared before me Aa.fe /G't5 / /rrto me known to be the G h�r 8D/.,,/', of Spokane County described in and who executed the within 99 06'73 and foregoing instrument, and acknowledged that,5/z signed the same as her-free and voluntary act and deed, for the uses and purposes therein mentioned. GIVEN under my hand and official seal thismL day of 011111 _D. Y �.• - • - P UBLI C I. tV. ` • " "lll I • W 1t% (Use this spate foe notarial stamp/y.11) ICt99991 a01 3l,J,.,cov.,CO_A223o 41 19 • ary Public in and for e State of Washington Residing at cSD (2/ 1 1',2,74. My commission xpires ��Ori / q •ZOO MAKING A DIFFERENCE 1, - S P O K A N E H 0 U 5 I N G ' gyp AUTHORITY Annual Report to the Communi FOREWORD Significant improvements in SHA services are made but there is much more to do. in 2003, Spabane Housing Aulhorty {SHA) made a difference m the lives of more than 5,000 hotrsehotds in the Ware i Northwest by prowling houdnej servicm for low income aid reetr area families - mare than ewer trefire. In the past stmt, we hue si 1,474 new Weiss with housing assis payments and 289 raw families hem rimed into SHA communities. BNk this achiewserent is away part nF the story. Ste are confident that 91A has set trighwrr staridarcK Frx tisekf by focusing nnources more effectively that a er before to accomplish the most for those irr need. A sic/nil diallenge art opportunity for 91* S to ensure that we 14p r wtxte peke want to h* and „ tiw a they can tale prfcle in their ccrrrrettarrti , RairSitig the stinttarth, in the private rented swear is a icy stably fro butting suconsful reighhorhuods 41r1 one ittasse Sti* is working side-by-if& with r parrmihle tarrrllrwel•, who embrace that kW. Here we =lime to male a difference as we murk with families in both tte tforran4 Ct i e ib udder i't all •lousirxi pregrarms through lam Ftfpl Fulmem IT ha; s rr 3 i rldf uiwrl eranIlmeit growth in 2003 aril elms w! acmurtts continue to grew_ Another way 9.141 is mating a diITemrrrg k by making drafty uwhiiirship strata accessIble to people low Oates through oyu precedffa setting %feel ones Nome program, Nitre Limit*. are now world owes ul brand rids llamas thanks to this utrilie p It bean. ieteatirrd that 6D:teased access to tone worship is a valuable way to Wald mixed carranurritie;_ The WO PEW giant awarded to SFltt in 2003 is tneking a afteierce Fur the tesideis of the Pawns. fly po trerlrrg with etonageaent stsviW we wad* on die to pordde elder* rttif shied hart- itmoorre r kerth with support in their lives. In today`s clifficull economic eiwirewrrierd, the horsing serviran SHR provides an immeasurab m ncrc in the titer ol Moe we are alble to serve= Yep at this raittral titre, kcal housing autlruritim continue to be maestioned at the national 1pl as to the quality or our service-- hie see resources being ioducert. eden as the need inrle; 5 yew' after sex We are work* Maras Its criercorr the public and political;resell& btu ut the work that housing atlharit do.* most condo to tote our community as to the importance of file moo= that are an era to kw- income & though SHA.. We meet continue to dome-lrate twin Sith plays a key role as a safety net few Chase ecperiancing *tole lire marls rls and 25 a springboard tai a tett& life ere soar al the areal rimy fad and individuals in twit ai & MAKING A DIFFERENCE in the lives of more than 5,000 households in the Inland Northwest The ,tatrirr-. irr this report are a un€ -year snap5lInt rri what we ire been able to achieve and account for our siewarrEnep of temrrtroar Along with the I iurnao stories in ibis not thee figtaes downstate tlr efforts made to rwirrrite the impost or our experahti and ttre vigorous taus on the britelti reeds of the ®nrirmity, which a nsurt_s that the money we spend mks a real We aatrtMue to srrutiatize and (Mom our c liver i ref wilco to ensure wt e waritirrg smarter and being as cost-efrortke rs p>assible. We hope that the wart illustrated bele not only {leIrlrhnztratr'!s Sarrr2 mallard wr-thegnund success stories but ant both the r sabre and the ability to =time to stale the impact that is so needed in our airmurtmitirs In looking franc at 2tiO3, 511* Isar delivered an attar more challenging program. In lookix forward. we will continue to Join and 'Kirk with izy patriots in tore ;FM strive to huilyd on t0 ,riiinub parinershtj trtmg Ba se volt c mend, sr r rri as a strung four datkm as ne C inch trrar traditiranrl houratideis to ensure that 511* will continue to sehe the I Land liortlueact mini the riitim Boll thati hoard of Commissioners ow Dianne quasi Spakine housing Authority Elocu -003 Skin ROARO 1 F 1 10141 4 115SIONCRS Witham Zerk, Clrwstrpenvrr Terri Symbol. Vice Ehairpersrrn Julial Rahmtian, fommissiarier Richard Brit Commissioner Janet ttastfne. Commissioner SHA 80aret tsf ICOrnmiSSiTts Val meat' emery thfrd Monday of the mouth (C otherwhe scheduled). The public its welcome to attend the netings. The Spokane Homing Authority is dedicated to increasing safe, affordable housing, and providing opportunities for persons experiencing barriers to housing. SHA'S WELCOME HOME PROGRAM is helping low income families get a foot on the property ladder. Nitita Flores and her son Nernesio's lives have changed dramatically in the past two yeah; from Irving on writer ;and food :tamp: in a run down, unsafe aparbnent building to finally being able to buy a brad rew lore in March of 2003. "Tiro jean ago owning my a n cell phone was an impassibilite let der o Manse but today Tve worked hard to became a mart; productive member of my community and I'm making a new Jahn far me.' and my ,ton in our wry own home' bubbles thorny The first of its kind in the nabon, SHAs. Welcome Home ;migrate is a cedent setting project being praised Mt helping tow income famiiit ; to get a foot on the property ladder. The program r, tut brainchild of Ws Lormnte Gino -Rehm an arperiammd hare oNnmhip t*agran de agner who worked fa twu year, to make tit, deem a reality: The mast cifficuft Pert was Ming aka' the pmt together and getting the HUED waiver that (tows co to own mom than Sturm units at a time in the same sub dive on. opiairr, Gallo-Pierce The rarities. nth-faceted project ate on the corntrient and coapecatiun d partrie agencies and businesses. Welcome Home begirt with a jump - start in the form of a SID,000 grant for each new construction lam from the federal Home loan Bat! c(Sedtle (AIIBS). Ocher community- allies engaged in the pxoiect ind de rivineurikd maitre Brian Main. who per qualifies potential buyers. walks them through We home buying process and along with the Spokane tkom owritn ur li}aafuce Centex offers the Kane buyer counseling and support from Start to finish. Spokane bolder Grad t.in hey(S South Hill deve opment. where %As homes are bunt is a vbrint safe neighborhood full of beautifully cimipned houses that confirm to attract all types of traditional hone buyers inducting retiree:. professianal•. young families outside the 1lVeloome Home program. Action Mortgage a branch of Spokane based Stain) Swings Bonk plays an important foie by making the mortgage to SPk matting We wrung:lim tar we new home-owner and frilly selling the loam. to the MOS — a first for the financial institution — thereby using them a: the secnndsy mallet and helping to !educe ate risk. Aid Welcome Home i_ making its own economic contributions to the chmmtihnrty by creating letil puomg construction job in association with the new fansuuction loans Not to mention benefiting the community by providing brand new lousing in a totally sell - supporting manner to tow income families who might othefwise be stuck in mental situations indefinitely. The finer- purchase option program serves families and individuals with incomes between 601%, and BO' of area median income. What makes the pnxlram unique is not the fact that the Lousing authority has acted as a haler owner using an FHA inyge.1 mortgage: but that the Fff19S acts a, a secondary market insimtre as well a; the grantor of S10,003 fin each news house Thus tntat mmmmonent of 5600.000 n a significant investment injected into the community and if not for the program, would not oast The model fpm the cost of hone trwnei hip, allowing a family to save or to resolve credit issues before assuming the ban. As Ray Mooney of Action Mortgage tells it. This is the only program whereby a fancily with the potential but not nec><sswi), Ume audierrtxrts to ger these by ttmemsd can buy a brand new hone /a an absolute ant of just a 5500 &rant ' Perhaps the real beauty of the program is that it can be duplicated anywhere and not surprisingly is receiving a lot of altentkhn (horn corn nuatitie around the country. In less than a year, eleven houses have been built with new famiben arming time loans. In short, Welcome Home is a bold new program that hoe !tared home ownership within reach of people who could never before haw contemplated owning a home. flares heartily agrees. Sway day 1 wake up and ain't bebere rm hum - 1 would never Mar been able to do rt without the Htlrnwme #*,erne prrxrmm and ad the grant people who were involved." "I walked into the model home and my mouth hit the floor...no way could we ever afford to live in house like this." Single parent Milna Flores and her nen Hemesio are the ninth family to buy their ohm home through SHA's Welcome Home program. Brian Main, a local reattor is one of SHAs partners in the program and Nitita's w oats ttaoucjout the horne-txryiig parrs "BM I. a local nutior, is one of 5HA's partners S H A ' S S H A R O N L O R D APARTMENTS provide safe, permanent housing for "at -risk" families and a reminder of one woman's relentless advocacy on behalf of those families in our communities. Life had been a series of sharp, painful events for Crystal Graham and tta tea strung chikbert fora lug time. 91 finally left her abtravu nicdierehtp only to ricochet from ore traumatic living situation to the road_ Sir w a; handers, reliant on fries for short stay. and her kid, were paying the price. 1$1 / broke deem and bawled because 1 cubd r find the spaghetti ,modes in the arnper pair were bvw i in, /knit thexp s roll► had" ;Ix remembers, finally, Graham found SC Margaret's Shelia, a transitional and emergency shelter tun by Catholic chari.4r3 fa Inarnelrs, women and their children A sate. dean. pleasing envirnnmPnt that her win called 'the aml ptate " cm account of the play area for children, it was the first time she had felt safe in a lames ri Here Sharon Stadeimar became Graham's case manager. helping her to set goals and expectations and folkkw through with positive action. "Our job is to be an anlwasc help tarrehes get anent !main; lurk /or o Job or training and provide sure structure unbi theyrr nerdy to mote enter an Independent (marines nitration, " egriains Stadrlmin That opportunity came for Graham m the Corm at the Sharon lord Apartments. SHA recxntly itemised a grant fmm the Washington State Mousing Trust Fund to deveriop two modular, two-bedroom &mimes on Land it owns just north of downtown Spokane The (rand new complex pro vides independent. transitional housing for homeless families. Graham and her Piro rhikiren are the first errant. panting the ribbon at the hand opentrng and moving in just in time to cmid:rate the holidays. SBA is partnering with Cat ahr Chanties to provide rsr management services to the farnitirs who will Ina at its apirtmente SfiA will previde rent si t wice thmugh its voucher program to residents, whose incomes may not exceed 30% of area median income (AM!). Stadebrran will airtime to work with Graham. on a weekly basis. providing suppod to rniniin the trauma sometimes rsotiated path moving from a shelter atuation to Independent Irving. 'SNA n providing a aitiwl service for otr community" nityt" as Stadebnan. We kind of housing that fanatics need when they how ittic cr no income. Fogethet »ere helping them attiarrersa starkly and maw hand rik ttnd -u' freer oft assutwnre " Shha[xn lent, a farmer tHrrctre of Operations at SHA limit lasing her battle with caner in 2002, is the propertfs namesake. SHA feels this is a fitting legacy for a woman who worked titelessty to assist families to find safe, permanent housing in the community. Crystal Graham and Sharon Staid/Tian in feint of Crystal's new homy. the Shaun lard Apartments. Crystal. who had been Living with her two children In the St- Margaret's Shelter, is the first ri to more in to SHA's newest property. Adak "I'm studying to be a nurse, I'm moving in to a great apartment, I feel safe again...there are no words to explain how I feel right now." 3 John „Tarim. resident of The Parsons Wes DrotUnger. ► The Parsons Senior Maintenance Mechanic "Living at The Parsons has allowed me to keep my independence and that means everything to me." ,,;Ar,.iNC A DIFFERENCE THE PARSONS IS A SUCCESS STORY that also demonstrates the active involvement of SHA in preventing and reducing crime. By transforming a building, the housing authority led the transformation of a neighborhood, too. This year, SHA removed the protective bas that had tong covered the windows of The Parsons Apartments, It wort a :Hall detail in Ste overall scope vie Jw massive n WGltltateaml txoject completed ill the mid eirlttties but a triumphant poidamilion on behalf of rt; elderly and disabled r attesting to the tenuity and safely of lb property. SHA played a leading male in tenew$ng this formerly crime-ridden aura of downtown IN partnering midi Asap Spnoiarrc nuke aced eannarmity orgagzatice s to tum the neighborhood around Others have followed the lead aJ evade ed by the taw reinvestment projects currently taking place in the ara. The Ricans, formerly the Parsons Hrtde. is a aim. of Spokane's h isinry from the turn of the century and was SHAs fast foray into pope ty owrriohtp. The 50 apartments house re iderrts who are disabled or elderly and of very low home. The building is fully accrsible and features units that address the marry special needs of its o s idents =leafing arose who are hosting impast!i or haw unique mobility requirements John lumen. a former navy mart. cowboy and tonkhaul tttder found The Pawns after severe health problem towed him to seek Irving anangernenb that nduded some care -gives services. 'Before 1(ound the Pnrsara; I got a taste of living in a nursing have and 1 war scans,' to death. confides Jordan. "My apartment's comjeamties 1 appreciate the echo help and 1 gr.f ter Jeep my independence and thou nr rrs everything to me" Thee's rot much that slave, Jordan down omitting to Wes DmoUing t. who is responsible for the upkeep, maintenance and preventive cane_ of The Parsons. AU ter. tes>idents we a pleasure and they ha e n nght to evert a good quo sty monoged horn rrr a decent environment.' tag, tMatlmger. - fm tidafed that 1 ran be o pat of that" Recently. SHA was awarded a S100,000 HUD Ross grant to provide social services to the Parsons residents these hinds enabled Sit& in partnership with SNAP (Warne Ne tethuoid Action Pta¢trn ), to provide on -site case management services he residents who need a community advocate• The grant also includes hinds to provide vocational, job readiness and other training servos for residents "John's a real gc►gette " say, DroUury,r a Jordan. who most day: tan be found outside enjoying the rrigttrrhood. Janie) appredates The Panocd award - winning =hop garden. which provides a place of beauty and solace away from the asphalt of downtown. not to mention a spectacular nem I area my independence but Wes and 1 are frnrt we talk and ter tt a good piety to taw_' concllidm Jordan. INIF Jahn Jordan and Wes Dtwlitrperr often stop to chat a; they go about their dilly routine.. Jordan hat Iivesl of The Friars for almost nine vests an bhollinger is the Senior Maintenance Mechanic responsible for Ong the trending in good repair. SHA'S INDEPENDENT FAMIL program is a springboard to a better life for the Not so long ago, it seemed there might not be a Light at the end of the tunnel for La1onya Duke and her five children. flirt thy, Ikea. has the satisfaction of kr wmq that she has traveled ter road fr mz homelessness w home rim er::ap thinks en lane part In SHAs independent Fatuity Futures Program The IFF program wr established in 1996 when SIiA war; grated HUD funding for its family self - sufficiency progratn. The program is notable part becatae of its sued. in nerving families oft Section d and other public housing assistance programs while giving them an opportunity to save a portion of the incase as they move towards serf - sufficier . SHA has been there every star of the 1I - fedi trorsitionci homers; v to muting sure I had a decent house to tent - it amid hove tamed reel o tit different jar me and pry kit a lot worse " Urilt remembers, She and her five thicken are enrolled in the IFF proryam and rant a house owned by a priratc property owner with rental assistance prwded by 9iA. IFF is based an a simple premise: as a fanmi1s inure inaease,, the share of rent for whidt they are rile increases poponimo* ft Neal point the d'M ante bebrteen tie rent they paid when they joked the program and the subsecaerty higher amourd is placed in an escrow account. in effect. serving as an auannotic savings account far the family The cna al the valtrtary program is a five -yes contract with SHA wherein each family commits to setting long and short -tern goal as a mean of reaching setf- sufficiency SHA may offer resources welt as help finding eniticyment education or other supportive sErViCes as diets strive to reach their personal goats kw greater eoaranic i depende Dtie feels that the program is not just a safety amt. but a stringboard to a fetter life 'Their use management system is ,eoUy good." say, Duke. '7 hey have yon; sit down and .'entry trunk chord where vrw are and where you wont to he • S H A ' S W O O D H A V E N A P A R T sets the standard for safe, well - maintained a in a beautiful, historically significant setting. Ainrir Osborn and her hustwd Scott spent a lot of time worrying abort the safety of the neighborhoods where they had rented in the past. They were both in&ated with the qu rty of the aparunents that fell within Una budget_ "For us getting into u snjar below rnz our Lowest conant A pion: where the kirks osq to be kids, says Aimie SHAs Abodhaien Apartmerd Conunuedty has exceeded the Osbon fammljs eccpedatians. The 72 mock Tuda and 8avaron- tyle aparanents are part of a charming and distinctive community, originally built as port ci Expo 74. When SHA bought Ur property in 2001, many units were sharing thew age and the first goal was to addles safety and long-ten maintenance issues. The rehabilitation project took two yews ad involved equaling apatrne1 . reptanreg funum and err caditi revs and repairing sewers All in all. the toed mist of improyeanents was S ,00.000 r# which 5346,00 was invested in 2003. Woodhaven has added much-needed. three bed oceo mils to the SHA property portfrtio in a region where thee is a s:.amty ci three and fax bedroom rentals, Wowing SHA to Soh laser betide with high Quality, affordable housing. Today. Woodtharven is a thriving, mixed-income cornttwnity serving a wife variety of resirlents.. half of wtho fall below the 8016 area median income and half with no income rrJtrictiors. This pnvides an opportunity for lower iraxne residents to benefit from on-site nerves as they strive to reach their persorut goat*, for greater economic wuhependerre. The O buns parbcttarty enjoy the community setting of Woodhaam. ireyrrr leaps art eye an you - SHA has ray high standards and that's react" says Aimie. Indeed, one of SHAs goals is to provide the highest quality of housing in the a ea. Tr only difference is ttxi we just work smarter to do that • states Lucy Lepirski. SHA Director of Assets. eat • Don fisher, SHA Self Expert taTo►ya fluke and her children. Teuyne?. Tierra, laTrouchka. Irvin and Tatyona are enrolled in SHAs Independent Family Futures program Don Fisher is one of SHA's Family Self Sufficiency Experts • La:tt AL_ "SHA really makes you focus on where you're headed. They've been an enormous help to me and my kids." The Osborn farttity - Army. • Mal ayta and Cody - are rraritiortat renters al SHAs Woodhaven Aparnnents, wfsere the family enjoys the recreational facilities that are part of the community. "Safety was our highest priority. Here, kids can play outside in a really safe community setting. Everyone watches out for each other." S P O K A N E H O U S I N G A U T H O R I T Y Combined Balance Sheet As of June 30, 2003 (unaudited) Assets Cash & cath equisalena Ifln tments Tenant security, deposit Receivables. tenant and gosermtentai 1nirrprogram tearable Inventories Otte outs Land. buildings & e u pn net of dep- Total assets Combined Statement of Revenues, Expenses and Changes in Fund Net Assets As of June 30. 2003 (unaudited) Revenue Homing L XIC payments 0peration subsidy Project Income Admrisi atibe fee. Grant funds Misal owo us inane it1DAI REVENUE Public Housing & Capital Funds S 220,639 290.112 239,644 9,084 759.479 Expenses IIvu ing aisrGmce payments 1 Housing operations 377.276 Admintstranve 0(pm:rm. net of dept 267,389 Program cusps Interest expense S 889,678 3.635,534 154,352 192.784 395.852 7,747 458.589 27,183.435 S32,917.971 Section 8 S 18. 591,176 2.423,832 44,899 21.061.907 Liabilities Account; payable Interprogriri p.tyable Payable to HUD Accnrd Expenses Deferred resenuc & other Liabilities Bonds & not parable current Bonds & runes payable. noncurrent Other nonament liabilities Tots( liabxities Net fund equity Total Nobilities & fund equity HOME & HOPWA & Other Grants S - 985.816 985.816 Oc�re ciation 390,588 54.580 )UTAL EXPENSES i oi5.2s3 20 939.41.7 INCOME (LOSS) BEFORE CONTRIBUTIONS (275.774) 122,490 Capital contributions & otter ad me is to equity 1.646 Change in net assets (275,774) 124.136 Net assets beginning of year _ 5,503,717 (12,901) Net assets end of year S 5227.943 1 111.235 lax Credit. Bond. Unrestricted & Other Propernies Fund S - 2.999.157 433.269 76,473 15,717 3,091.347 109,300 27,545 570,114 118.591.176 S 870,903 S - S 1,034,824 - 60,263 153 793.989 131.957 2.233.389 114,760 - 52.969 - - 1.158.666 41.055 962.394 27,634 985.816 3.949,873 253.615 (855,526) 316.499 2.548 167,010 (855_978) 483.509 - 4.183.216 933,564 S 1 3.327,2.38 1 1. S 92.965 407,434 837,772 363,987 183,338 317.201 19,530,456 1,099,078 22,832,231 10,085,740 132,917,971 Total 118,591,176 220,639 3,722`38 2,423,832 1,411,233 99,245 26,468.663 119,462,079 1,412.100 1.253.751 2,401,127 1,199.721 1 435,196 27.163.974 (695,311) 171,204 (524.107) 10.607.596 110,083,489 S P O K A N E H O U S I N G A U T H O R Service Area • The spnlane Nanny Authority provide. hone. for 4,310 households in fvv co,mtie. • SHA-owned housing units serve 670 household in Spokane Coonly. • SHA mat wkxidie . tinvugh Housing Choice Vetches, serve 4,310 in fi counties eel month: Spoleme County S 1.337.000 Stevens County 75,000 l C rri tt County 16,000 Whitman Currey 121,000 linc¢n County 8,000 Spokane Housing Authority Offices Spokane 55 * Mission, Suite 104 Spokere, WA 99201 509 - 328 - 2953 CnlvlUe Strn+ers County Real Resource 956 5, Min, Suite A Colville. WA 99114 500 - 684 - 8521 Newport 240 N. Ur MI. Suite 8 Newport. WA 99156 509.447.5614 Pullman Community Action Cerra 350 Faimnnt Ave.. S.E Pullman, WA 99163 509- 334 -9147 Davenport Lincoln County Housing Autt>onty P.Q Sax 517 Davenport- WA 94122 509- 725 -0393 Pend Oreille levels Lincoln Spokane Whitman rfi • • MAKING A DIFFERENCE www.spokanehousing.org Spokane Regional Convention & Visitors Bureau 2003 Annual Report The Spokane Regional CVB is a destination marketing organization whose niche is the recruitment of visitors for leisure, meetings, conventions and film production work. Marketing the destination means presenting a desirable and compelling reason for people to want to visit. As the regional hub for business, retail, entertainment., culture, recreation, medical services and education, our trade area includes 1.7 million people in Washington, Idaho, Montana, Oregon,Alberta and British Columbia. Our media reaches upwards of 2.6 million viewers and readers. This market serves as the core for leisure travel recruitment. As a state, regional and national convention destination, the CVB recruits over 200 groups each year, representing almost 106,000 delegates. spending over $45 million directly in Spokane County. Future business looks bright with Convention Center and regional facilities' expansion. new market development, growth in national groups and over $120 million on the books through 2010. Sp k Going For the Regional Win! 2003 Spokane Regional CVH Annual Report Highlights for 2003 Included Convention Sales and Services 2003 Business: Hosted 232 conventions during 2003. representing approximately $47.261,496 in realized business. • Future Business: Secured $40.987,350 in future convention sales.The projected economic impact of future conventions and meetings booked by the CVB, an scheduled from 2004 to 2009 is $122,284.380. . Spokane Center: Booked 18 future meetings for Spokane Center with a projected economic impact of $11.280.885. • FAM tours:Welcomed 25 meeting planners on individual site inspections and group FAMiliartzation programs. Of these, 12 have already booked a future meeting in Spokane for a combined economic impact of $5.559.900. . Exhibiting. Marketed Spokane's regional facilities and member properties at five major industry conferences and trade shows. Tourism Sales & Services . Web Sites: Enhanced four existing web sites and developed four splash sites which received 15.281.441 hits and 279,834 unique visitors • Green Bluff: Secured $15,000 grant and raised $7,000 in additional funding to increase visitors and develop the Green Bluff brand. • Summer Campaign: Developed innovative multimedia marketing program promoting the region's golf and shopping assets. Increased unique visits to www.golfinspokane.com by 235%. . Group Tours: Increased group tour database from 527 to 608. . FAM Tours Hosted more than 100 guests on FAMiliarization Tours.. Film & Video: Provided scouting, production assistance and referral on 23 projects with budgets totaling more than $ 173 million. . Publications:As the portal for visitor information, we produced I20,000 regional Visitor Guides and 40,000 events calendars for distribution worldwide. . Visitor Services:Assisted 20236 guests through our visitor centers. Going For the Regional Win! 2003 Spokane Regional CVB Annual Report 2 Highlights for 2003 Included Public Relations Media Exposure Generated $3,175,105 in equivalent advertising value from stories placed in national and international media. and an additional $ 139,827 in regional media. Travel Writers: Conducted five FAMiliarimuon tours involving 19 travel writers, and provided information and/or assistance to 79 additional travel writers. News Releases Produced and proactively promoted 37 news releases in 2003. Government Affairs_ Researched and produced support materials for legislators and elected officials regarding enabling legislation allowing formation of Tourism Promotion Areas in Washington State. Image & Identity Created greater awareness of the Spokane Regional CVB, the tourism and hospitality industries and their contributions to the regional economy. Member Relations New Members: Welcomed 83 new members to the CVB in 2003. Expansion: Expanded the membership dues base by S14,068. Retention: Retained 87% of the CVB's dues - paying members Committees: Implemented a new committee structure that provided an opportunity for our members to shape the future direction of the CVB, while sharing valuable networking time with the industry. Events Sponsored numerous events throughout the region, informing the community on the benefits and the impart of tourism. Going for the Regional Win! 2003 Spokane Regional CVB Annual Report 3 2003 Revenue and Expense Summaries 2003 Revenue Summary Total Revenue $I,402,073 Membership $288,071 Public Relations $69,484 Other Private $199,880 Public Sources $914,122 2003 Expense Summary Total Expenses $1,453,158 Administration Membership $398,818 Development $I 17.891 imell %17 11 - MOO Convention Sales /Service $385,327 Tourism Sales /Services $481,578 Going For the 2003 Spokane Regional CVB Annual Repo t 4 Travel Impacts 2002 Visitor Spending Recreation $76 million Retail $87 million Ground Transportation $93 million • Local tax revenue only equals $8.7 million.* Hotels $83 million G Visitors to Spokane County spent an estimated $505.9 million." _ Restaurants $138 million Grocery Stores $30 million • Travel related employment totaled 8.220 jobs in Spokane County.* T State and local taxes generated by visitors to Spokane County equal 544.2 million.' • December 2003 Dean Runyan Associates as reported for Washington Site Office ofTrade and Economic Development using new NICS (North American Industry Classification System) codes for all years' figures. Previous years reports used SIC (Standard Industrial Class cation) codes. Going For the Regional 2003 Spokane Regional CV8 Annual Report 5 Spokane Regional CVB Staff John Brewer, President and General Manager Louise Barnett,Administrauve Manager Katherine Funk, Receptionist Convention Sales & Servicer: Mina Gokee.Vice President and Director of Convention Sales Amy Cabe, Convention Services Manager Cheryl Johnston, Convention Sales Manager Tim Rhodes, Convention Sales Manager Shannon Shannon, Convention Sales Manager Maria Allen, Information Processor Ann Gillespie, Research / Reservation Coordinator Toni ism Development & Visitor Services Deanna Hofineister, Dwector ofTourtsm Development &Visitor Services Lanna Monter,Tounsm & Markeung Assistant Jenean Hughes,Visitor Services Manager Karen Montague,Travel Counselor Public Relations Nancy Goodspeed, Director of Public Relations Membership Development Polly Phelan, Membership Sales Manager Valeta Sweet, Member Services Manager & Web Site Development Going For the Regional Win! 2003 Spokane Regional CVB Annual Report 6 Spokane Regional CVB Board 2003 Spokane Regional CVB Board Rnn Wells, Chairman WeIh d Company Jun Dean, Vice-Chairman Bank of Aroma Ron Andenon, Treasurer WestCoast Hospitality Grqi Beier Joarnal of Sulillt31 Dicks Deneni y Spokane Palley City Council Francine Rater Spokane County Lay Fantin N oedurom Dean Edit-new Daublenve Hotel Gay Center On Hancock Spokane Symphony Rob Hrggm: Spokane City Cornal Patrick Jones SEACAB lack Lafleur Spokane Public facilities Disniu Toni Magnuson The Magnuson Company Dee Marten EWU College of Business Dare McGann Arby's Roast Seel Resraurants lna Sanullanes Ben Western Peppenree Inns Hairy Sladich Sterling Hospitality Kenn Twohrg Spokane Public Facilities Distnct 2003 Ex- Officio Board Members John: Baxley Spokane Convention Center Jeff Colliton facilities Expansion Committer Lacey Dans Spokane County Fan i E tpo Censer Michael Edwards Dowruown Sptrkate Panne* Jan Elussen Spokane Area EDC Jeff Fax Spokane Hotel/hotel Anon Eldonru Gossett Spokane Valley Dumber of Commerce Rich Hadley Spokane Rrgwnal Chamber of Commerce- John McDaniel Northwest Hotprnhry. Inc Derma McLaughlin Demurs McLaughlin & Assoiate Jody Sander Spokane Valley tourism Committee Fnc Sawyer Spokane Regional Sports Commission Andy iwarret" Swanson Spokane Restaurant & Hospitality ASSOCIanon Duna Wilhite Spokane Valley Gty Council 2004 Incoming CVB Executive Committee Jim Dean, Chairman Bank of Amenca Ron Anderson. Vice Chairman WestCoast Hospitality Harry Sladich, Treasurer Sterling Hospitality Kay Fantin, Destination Marketing Committee Chair Nordstrom Dean feldmeier. Convention Sales Commiuee Chair Doubletree Hotel City Center Going For the Regional Win! 2003 Spokane Regional CVB Annual Report 7 Spokane Regional Convention & Vis ors Bureau 801 W. Riverside, Suite 301, Spokane, WA 99201 Phone 0509) 624 -1341 Fax (509) 623 - 1 297 www.visitspokane.com DIAMOND MEMBERS Bank of America City of Spokane City of Spokane Valley DoubleTree Hotel City Center Spokane Airports Spokane County Washington Trust Bank WestCoast and Red Lion Hotels PLATINUM MEMBERS The Davenport Hotel Northern Quest Casino The Spokesman - Review Sterling Savings Bank GOLD MEMBERS American Building Maintenance Big Sky Airlines Bon -Mary's Global Credit Union Holiday Inn Spokane Airport Nordstrom Northtown Mall U S Bank of Washington Washington Mutual Bank Meeting Date: March 23, 2004 GOVERNING LEGISLATION: N/A BACKGROUND: See attached Memo. ATTACHMENTS: 1. Memorandum CITY OF SPOKANE VALLEY Request for Council Action Item: Check all that apply: ❑ consent ❑ old business ❑ new business ❑ public hearing ® information ❑ admin. report ❑ pending legislation AGENDA ITEM TITLE: Report on Planning Studies and Budget PREVIOUS COUNCIL ACTION TAKEN: A presentation on charrettes was made during the joint Council /Planning Commission meeting held on March 15, 2004. Council requested more information to be presented prior to making a decision to move forward with a charrette. RECOMMENDED ACTION: 1. Conduct Economic Analysis on extension of the Couplet. 2. Provide direction on the charrette process. BUDGET /FINANCIAL IMPACTS: Economic analysis cost $50,000 (est.) Charrette cost $150,000 (est.). STAFF CONTACT: Greg McCormick, Marina Sukup, Neil Kersten s�� Memorandum To: Members of City Council; David Mercier, City Manager 11707 E Sprague Ave Suite 106 ♦ Spokane Valley WA 99206 509.921.1000 • Fax: 509.921.1008 • cityball @spokanevalley.org From: Scott Kuhta, Long Range Planner; Greg McCormick, Long Range Planning Manager CC: Marina Sukup, Community Development Director; Nina Regor, Deputy City Manager Date: March 23, 2004 Re: Charrette Information The City Council and Planning Commission conducted a joint meeting on March 15, 2004 to discuss various planning issues. The Council decided to schedule time during the March 23, 2004, meeting to further discuss using the "Dynamic Planning Process", with a charrette as the main event, to enhance the comprehensive plan process. Staff suggested that the charrette should focus on the U -City area, including a segment of Sprague Avenue and the proposed Appleway extension. Prior to authorizing a charrette that focuses on U -City, we must be sure this is where we want to create a Downtown, assuming the community wants to establish a Downtown. Perhaps the community prefers that the City invest in other areas to encourage the development of multiple urban centers. Public participation in the development of the Comprehensive Plan will help determine the answer to this question. This in turn will drive priorities for public investment. If the City focuses investment in the U -City area to help create a "Downtown ", less money will be available for capital projects in other parts of the City. Economic Analysis Ideally, the charrette would include an economic analysis to determine the impacts of the Couplet extension (if the charrette focuses on an area impacted by the Couplet). However, if a decision on the Couplet is to be made in August, the economic analysis must be conducted as soon as possible. The analysis should focus on impacts to existing businesses, capital costs to the City and future economic development opportunities. Either local Universities or a private consultant would conduct the economic study. Results from this economic analysis will be used as baseline information for the charrette as appropriate. Charette Cost Some concem was expressed during the March 15 meeting about the cost of hiring consultants to conduct a charrette. Cost can be controlled by adjusting the project scope and objectives. A complicated project scope that addresses land use, urban design, transportation, and economic issues over a large geographic area requires significant preparation time and a full 7 day charrette. Final products would include reports, summary documents, maps and renderings depicting how the subject area would look upon realization of the final plan. We can expect the following hourly consultant rates: Urban Planners /Designers = $100- 120/hr Transportation Planner /Engineer = $150 - 200 /hr Economic/Real Estate Consultant = $150- 200 /hr A project with complex objectives will likely require 4- 5 urban planners /designers, 1 or 2 transportation experts and 1 or 2 economic consultants. Expenses for travel, hotel, meals and materials will also be included in the cost. Attached to this memorandum is a detailed schedule for the Dynamic Planning Process. Charrette Scope The U -City area was suggested as an ideal location to conduct a charrette, along with a segment of Sprague Avenue and the Appleway extension. This suggestion was made to assist the Sprague / Appleway Couplet extension decision by viewing its relationship between transportation, land use, urban design, economic development and economic impact issues. Prior to conducting a charrette, the citizens of Spokane Valley should be engaged in the planning process. Fundamental questions need to be asked in order to get a better sense of community priorities. In particular, we need to know if citizens favor creating a Downtown or prefer smaller urban centers throughout the Valley. If citizens support creating a Downtown, where should it be? These are questions that should be examined before we develop a new plan for the U -City area or any other area identified for a charrette. At the March 15 Joint Council /Planning Commission meeting, Planning Staff presented an overview of the citizen participation program. The first community meeting will take place on March 25; the community survey will be complete and final report in mid - April. During the next 3-4 months, a better understanding of our community's priorities and preferences for growth and development will be developed. Consultant Selection The City has successfully used the Washington State Procurement office to select pre - qualified consultants for projects such as the community survey. However, it appears that they do not have a list of consultants for projects such as a charrette, or an economic analysis. If Council chooses to proceed with the "Dynamic Planning Process ", the City will first prepare a Request for Qualifications (RFQ) to determine a pool of qualified and interested consultants. Recommendation Conduct an economic analysis on the Sprague /Appleway couplet to determine capital cost to the City, impacts to existing businesses and opportunities for economic development. City.Staff will consult with local Universities to determine if analysis can be conducted in a timely manner. If the Universities are not able to meet our requirements, a private consultant will be employed. The economic analysis would begin immediately with a report due by the end of June. As the public involvement process generates information, the geography, scope and objectives of a charrette could be refined. At that point, a project budget and timeline could be developed. Meeting Date: 03 -23-04 City Manager Sign -off: Item: Check all that apply: ❑ consent ❑ old business ❑ new business ❑ public hearing ❑ information X admin. report ❑ pending legislation AGENDA ITEM TITLE : Employee Classification System GOVERNING LEGISLATION: OPTIONS: RECOMMENDED ACTION OR MOTION: BUDGET /FINANCIAL IMPACTS: STAFF CONTACT: Dave Mercier PREVIOUS COUNCIL ACTION TAKEN: BACKGROUND: City Manager Mercier will give a brief oral report on the employee classification system ATTACHMENTS CITY OF SPOKANE VALLEY Request for Council Action CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: March 23, 2004 City Manager Sign -off: Item: Check all that apply: ❑ consent old business new business ❑ public hearing X information admin. report ❑ pending legislation AGENDA ITEM TITLE: draft Junk Vehicle Tow Contract GOVERNING LEGISLATION: Ordinance 03 -067 PREVIOUS COUNCIL ACTION TAKEN: Staff has discussed with the Council at various times that a junk vehicle tow program would need to be implemented. In the discussions relating to the Police- Initiated Impound ordinance, I have advised that a contract to haul junk vehicles tied to getting on the police tow list would be a good mechanism. BACKGROUND: This proposed contract would require towers who want to get on the police tow list to also agree to participate in the junk vehicle abatement program. CD RECOMMENDED ACTION OR MOTION: Request that the Council put this form contract on as proposed or with suggested amendments on the March 30, 2004 agenda for approval. BUDGET /FINANCIAL IMPACTS: Neutral STAFF CONTACT: Cary P. Driskell, Deputy City Attorney ATTACHMENTS: draft Junk Vehicle Tow Contract PROPOSED DRAFT AGREEMENT — 3 -11 -04 CITY OF SPOKANE VALLEY, WASHINGTON CONTRACT FOR JUNK. VEHICLE TOWS Title: Junk vehicle tow contract between City of Spokane Valley and "X ", Contract ntunber "Police Tow Contract (JVTC) 04 -01. Term: Contract expires "X" (two years from date of signing) CITY: City of Spokane Valley, Washington Office of City Attorney 11707 East Sprague, Suite 106 Spokane Valley, \VA 99206 Contact: Cary P. Driskell, Deputy City Attorney Phone: (509) 688 -0029 Fax: (509) 921 -1008 e -mail: cdriskell@spokanevalley.org CONTRACTOR: DEPARTMENT: City of Spokane Valley Police Department 12710 East Sprague Spokane Valley, WA 99216 Contact: Sergeant Martin O'Leary Phone: (509) 477 — Fax: (509) e -mail: molearv®spokanesheriff.org WHEREAS, pursuant to the provisions of Spokane Valley Ordinance No. 04 -001, this Contract is entered into on , 2004, between the City of Spokane Valley ( "City"), and XX,XXX ( "Contractor"), sometimes jointly referred to as "parties "; and WHEREAS, the parties mutually recognize the necessity for removing junk vehicles from private property due to the negative health, safety welfare impacts caused by the continued existence NOW, THEREFORE, for and in consideration of the promises set forth herein, the parties do mutually agree as follows: CONTRACT TO PERFORM JUNK VEHICLE TOWS - 1 - PROPOSED DRAFT AGREEMENT — 3 -11 -04 SECTION ONE: SUBJECT AND PURPOSE. This contract will be used for the performance of junk vehicle tows pursuant to City of Spokane Valley Ordinance No. 03 -067 as adopted or hereafter amended. SECTION TWO: DURATION OF CONTRACT Unless otherwise agreed by the parties, the contract is for two years from the date of acceptance by the City. SECTION THREE: RESPONSIBILITIES OF CONTRACTOR 3.1 In consideration for being placed on the tow list for City police - initiated impounds pursuant to Ordinance No. 04 -001, Contractor agrees to perform junk vehicle tows resulting from City code enforcement efforts to enforce the Junk Vehicle Ordinance as adopted or amended. 3.2 Contractor shall be required to respond to the listed address for abatement no later than 72 hours after receiving the call from the junk vehicle abatement dispatcher if there are two or less vehicles at the subject property. In the event a property has more than two junk vehicles, Contractor shall only be required to tow up to two vehicles before another Contractor is called by dispatch. Any additional tows beyond two on a property will be performed by a subsequent Contractor, and so on until all junk vehicles are removed from the subject property. In the event the entire tow list is used to remove junk vehicles from a property and junk vehicles remain on the property, the dispatcher will return to the original Contractor that was called and proceed through the tow list again until all junk vehicles are removed from a property. 3.3 After removing a junk vehicle(s) from a property, Contractor shall haul said vehicle(s) to Spaldings Auto Parts, Inc., located at 2210 North University Road, Spokane Valley, WA 99206; phone number 924 -3300. Spaldings has agreed, through a separate agreement, to receive all such junk vehicles towed pursuant to this contract. In the event a vehicle is to be towed to another facility, Contractor will be so advised prior to hooking up the junk vehicle. 3.4 Failure to perform junk vehicle tows as set forth in this contract more than two times in any six month time period shall be grounds for removal from the police - initiated tow list. SECTION FOUR: RESPONSIBILITIES OF CITY City shall be responsible for completing any necessary paperwork required by Washington State or any other governmental entity in relation to the towing and/or transferring title of any junk vehicles. CONTRACT TO PERFORM JUNK VEHICLE TOWS - 2 - PROPOSED DRAFT AGREEMENT — 3 -11 -04 SECTION FIVE: COMPENSATION There will be no monetary compensation provided by either City or Contractor under this contract. The consideration for Contractor is that Contractor will be placed on the police tow list from which Contractor will generate revenue. The consideration for City is that Contractor will assist in the removal of junk vehicles in furtherance of the health safety and welfare of the citizens of the City. SECTION SIX: MAINTENANCE OF RECORDS Contractor shall make available to the City Police Department, at any time during their normal operating hours, all records, books or pertinent information which the Contractor shall have kept in conjunction with this agreement for a period of not less than three years. SECTION SEVEN: COMPLIANCE WITH LAWS Contractor, in the performance of this agreement, agrees to comply with all applicable federal, state and local laws, ordinances and regulations. SECTION EIGHT: MODIFICATION No modification or amendment to this agreement shall be valid until the same is reduced to writing and signed by a duly authorized representative for Contractor and City. SECTION NINE: RELATIONSHIP OF THE PARI1ES It is intended that an independent relationship will be created by this agreement. The City is interested only in the results to be achieved, and the conduct and control of all services or work will lie solely with the Contractor. No agent, employee, servant or otherwise of the Contractor shall be or shall be deemed to be an employee, agent, servant or otherwise of the City for any purpose, and the employees of the Contractor are not entitled to any of the benefits that the City provides for City employees. The Contractor shall be solely and entirely responsible for its acts and for the acts of its agents, employees, servants, subcontractor, or otherwise during the performance of this agreement. SECTION TEN: SEVERAI3ILITY In the event any term or condition of this agreement or application thereof to any person or circumstances, is held invalid, such invalidity shall not affect other terms, conditions, or applications of this agreement which can be given effect without the invalid term, condition, or application. To this end, the terms and conditions of this agreement are declared severable. CONTRACT TO PERFORM JUNK VEHICLE TOWS - 3 - PROPOSED DRAFT AGREEMENT — 3 -11 -04 SECTION ELEVEN: INTEGRATION This contract contains all the terns and conditions agreed upon by the parties. No other understanding, oral or otherwise regarding the subject matter of the contract shall be deemed to exist or to bind any of the parties. The parties have read and understand the contract and now state that no representations, promises, or agreements not expressed by the contract have been made to induce the other to execute the same. EXECUTED this day of CONTRACTOR CITY OF SPOKANE VALLEY By: By: For: CONTRACT TO PERFORM JUNK VEHICLE TOWS - 4 - rTh DRAFT Please mail application to: City of Spokane Valley Mayor's Office 11707 East Sprague Ave. Suite 105 Spokane Valley, WA 99206 Phone — 688 -018o Fax - 688 -0194 Fax - 921 -1008 www.spokaneva lley. org Sp�� 4 , • f Ua11ey Application must be received by: May 15th Eligibility — Applicant must be a resident of Spokane Valley. Applicant must be in the 9 th, loth, or 11th grade and attending Central Valley, University, East Valley, West Valley or Valley Christian schools at the time application is submitted. Instructions - Please provide all information that this application asks. Please print legibility or 0 type your answers. If there is not enough room for you to provide your answer, please use the back of this application. Falsifying any answers will render this application invalid. ' If you have any questions regarding this form, please call .Sue Golman at 688 -oi80. Student Advisory Council First Name: Middle: Last: Address: City: County: State: Zip: Telephone (H) Your Cell: Parent Cell: E -Mail: School: Year /Grade in School: Other Education: S ;\cbainbridge\MayorlApplication Student Ad.Council.doc Page 1 of 3 DRAFT Clubs, Groups and Activities: Honors and Awards: Career Goals: Hobbies: Special Skills or Talents: Three words that describe you: Why do you want to be part of the Student Advisory Council? What are your community-based interests? (Example: Food Bank Volunteer, Big Sister -Big Brother, Youth Athletics) What are the two or three biggest issues that you feel youth face in your neighborhood? S :lcbainbridgeVvIayor\Application Student Ad.Council.doc Page 2 of 3 Pick one of the issues you listed above and discuss in detail how you would ask the Mayor and City Council to address the need? DRAFT Mother's Name: Home Phone: Address: Work Phone: Father's Name: Home Phone: Address: Work Phone: I hereby apply for entry as a contestant in the official preliminary competition of this program and that my parents /guardians and 1 have read and agree to be bound by the rules and regulations listed. I further certify that the information that I have provided on this application is true and correct. The signatures below serve as acceptance of the rules and shall constitute a binding behavioral contract. Entrant Signature Date Parent/Guardian Signature Date List of additional items for application: Application must be received by May 15 2004 S:1cbainbridgclMayer \Application Student Ad.Ceuneil.doc Page 3 of 3 STUDENT ADVISORY COUNCIL An opportunity for our teens to have a voice in City Government.._ Why�a_Student-Adv "aso y- Cou nciI? " �The_InitiaL-GoaI- is -to:. _:0_Give our_ -y _oath= aplatform- to =be= heard== == O: youth to_ ved - -- - O=Ercate=a=perttidi ent= part =of= City - ---- -- - Government _ for. -our.-youth 1 Gener_aL= Guidelines __ ^01Each= Eouncill7 willerve= be=app iirited_-: =-- by:a- committee-to named =by -the . -. -. -- Ma'.y_or _ • - - " • _ • _ ". = O= In ]urieah TheWC-ouncil- will -tie - announced = and_will_serve _ durmg_the = r- --- - - following school:�year - - (September= :=4:- -7une)_ .., . - .-'_::.:T _. STUDENT ADVISORY COUNCIL An opportunity for our teens to have a voice in City Government.._ Why�a_Student-Adv "aso y- Cou nciI? " �The_InitiaL-GoaI- is -to:. _:0_Give our_ -y _oath= aplatform- to =be= heard== == O: youth to_ ved - -- - O=Ercate=a=perttidi ent= part =of= City - ---- -- - Government _ for. -our.-youth 1 Who & When Any 9"', 10th & llth grade student attending CV, U -HI, EV, WV and Valley Christian are eligible Student Advisory Councils will -meet minimum of once a 2 TThe Council =NI1F= consist tif_ - the ='.: " folio wing_repk:esentatives- - -- =C_ Student= Advisory`Council_meetings": - .._w►Il -be in• the- Councikehamber..s,and . m - --- open ?tooth e_public 13-3 - studentsifrafFeentfal- Valley CFEach =new -counc117-member =will att`e`nd == 0 3=stu`dentsfr_om_lJniv_ersity _- E1E2Wstudents_from_EasV,Valley -- '-_ -.—= - DE2 =s dents= from= West=Valley=-. =— 13- dent frorn= VaIIey Chnstian- -• - - _ - Who & When Any 9"', 10th & llth grade student attending CV, U -HI, EV, WV and Valley Christian are eligible Student Advisory Councils will -meet minimum of once a 2 Who= &�Wtien _ __— =C_ Student= Advisory`Council_meetings": - .._w►Il -be in• the- Councikehamber..s,and . m - --- open ?tooth e_public CFEach =new -counc117-member =will att`e`nd == ----- an_ Counell =orientation_in�September - Who & When Any 9"', 10th & llth grade student attending CV, U -HI, EV, WV and Valley Christian are eligible Student Advisory Councils will -meet minimum of once a 2 The Council will consist of the following representatives: 1 Mayor (or appointee of the Mayor) 1 City Manager (or appointee) 1 Representative of the Business Community (appoirited by the Mayor) mcikvvilhemns ' ==' h`Uow/ing`r�p . ---�_ -`-� '• -- "theAligh:schoolsEcurrently - �=�4--=stJdent-ati;l e�a | -----'------- u | -- -`---- '---'_-_~ - - -'-' ' _-_-_------._-____' .' 3 Initial Tasks for new Council Elect a chair, vice chair etc. Select the Student at Large Position Adopt bi -laws _ _ Create vision & mission statement - Set meeting calendar - ^ L Set future agendas tent tive Trme - bne — E- May-11- Application ;deadline CI May.=17" May =28th intfr- view_fnalias= O June,11 announce_newlStudent Advisorreouncil = for '04='05 :..� a= September 2004_Council_orien on— and= first = Council: Meeting - 4 Tentative Timeltine =1=a4arch�23dr presentation to :Spokane . -- — Valleyzeouncil - =C P1alth�30 vote =on_ resolution - -- - 0= Mareh2I =S A C Applications-- - - ---- -- ---P- --- distrrbutest i= Schools - - - -- - -.... - o_Apri127 =appointmentzofS-'A - ----- -° ication- Committee Initial Tasks for new Council Elect a chair, vice chair etc. Select the Student at Large Position Adopt bi -laws _ _ Create vision & mission statement - Set meeting calendar - ^ L Set future agendas tent tive Trme - bne — E- May-11- Application ;deadline CI May.=17" May =28th intfr- view_fnalias= O June,11 announce_newlStudent Advisorreouncil = for '04='05 :..� a= September 2004_Council_orien on— and= first = Council: Meeting - 4 Next steps Budget Staff support Resolution vote (March 3Oth) 5 Meeting Date: City Manager Sign -off: Item: Check all that apply: ❑ consent CITY OF SPOKANE VALLEY Request for Council Action AGENDA ITEM TITLE: Fire District Election Update 15 -A X old business ❑ new business ❑ public hearing ❑ information ❑ admin. report ❑ pending legislation GOVERNING LEGISLATION: RCW 52.04 provides for the establishment of fire services within newly incorporated cities. PREVIOUS COUNCIL ACTION TAKEN: Last fall, Council approved a resolution extending annexation with Fire Districts 1 and 8 through 2004. Subsequently, Council approved an ordinance requesting an election to permanently annex to those Districts. That election is currently scheduled for April 27, 2004. BACKGROUND: The state legislature passed a law allowing newly incorporated cities to annex to more than one fire district. Spokane Valley is the first city to act within this law, and as such has no prior cases on which to base its decisions. We are allowed under state law to temporarily annex to a fire district for one year, with the possibility of one extension. Spokane Valley is currently in the "extension" year. This means that a permanent decision to annex must be reached by November, in order to allow for continuation of the fire districts' property tax levies. If that decision does not occur, fire services within the city limits default to the City. This has significant service and financial implications, not only to the residents of Spokane Valley, but also to the residents of Fire Districts 1 and 8 living outside our city limits. The April 27 election date was chosen to provide time for a second election, should that prove necessary, or to provide as much time as possible for the City and two Districts to devise an alternative. Staff continues to evaluate the situation, and will provide an update to Council and seek input as to whether the April 27 election date is indeed the best choice. RECOMMENDED ACTION OR MOTION: BUDGET /FINANCIAL IMPACTS: STAFF CONTACT: Nina Regor, Deputy City Manager Spokane Valley Planning Commission Approved Minutes Council Chambers — City Hall 11707 E. Sprague Ave. February 26, 2004 1. CALL TO ORDER Bill Gothmann, Planning Commission Chair, called the meeting to order at 6:30 p.m. II. PLEDGE OF ALLEGIANCE The Commission, audience, and staff recited the Pledge of Allegiance. M. ROLL CALL Fred Beaulac — Present Bob Blum — Present David Crosby — Present Gail Kogle — Present IV. APPROVAL OF AGENDA Commissioner Crosby moved that the February 26, 2004 agenda be approved as presented. Commissioner Beaulac seconded the motion. Motion passed unanimously. V. APPROVAL OF MINUTES Commissioner Gothmann requested a change be made to the second item under Administrative Reports on Page Two. The second sentence will be changed to "read: "City Council - • . - : :'.::. advanced it to its second reading." It was proved by Commissioner Crosby and seconded by Commissioner BIwn that the minutes of the February 12, 2004 Planning Commission meeting be approved as amended Motion passed unanimously. VI. PUBLIC COMMENT There was no public comment. 13i11 Gothmann — Present Ian Robertson — Excused Absence John G. Carroll — Present WI. COMMISSION REPORTS Commissioner Blum attended the February 24 City Council meeting. The Floodplain Ordinance was passed. The Sign Code Text Amendment was advanced to its second reading. Commissioner Kogle brought minutes and backup from the February Light Rail Citizens' Advisory Committee. This committee will be meeting again next week. She will provide copies of materials to anyone who is interested. VIII. ADMINISTRATIVE REPORTS Ms. Sukup reported that at the February 24 meeting, City Council advanced the Building Code to its second reading. She briefed the Council on the proposed Article I, Section 1.20 of the Spokane Valley Uniform Development Code relating to Enforcement & Penalties. The Council was also briefed on Building Code Sprinkler Regulations. The Deputy City Manager is working to set up another Joint Council/Commission Planning Session for March. So far, Monday, March 15 looks like the most reasonable date. She asked Commissioners to let her know if they would be available. All present, with the exception of Commissioner Carroll, were available to meet on that date. IX. COM IISSION BUSINESS A. OLD BUSINESS: There was no Old Business. B. NEW BUSINESS: Article I of the Uniform Development Code At 6:37 p.m., Commissioner Gothmann opened the Public Hearing for consideration of an Ordinance establishing Article I, Section 1.20 or the Spokane Valley Uniform Development Code relating to Enforcement & Penalties; repealing ordinances in conflict, providing for severability and effective date. Ms. Sukup explained that this proposed Ordinance is a result of minor modifications to City Ordinance No. 03 -078. It provides the necessary authority and procedural tools for the uniform enforcement of many land use violations, including those related to planning, engineering design, building and floodplain regulations, as well as zoning. The word "Director" has been changed to "City" or "authorized representative of the City ". The word "citation" has been replaced with "notice of violation ". Commissioners noted corrections within the draft. There was no public testimony in the matter before the Commission. Commissioner Crosby proved that the Planning Commission recommend this Ordinance, as corrected, to the City Councillor consideration and approval. Commissioner Kogle seconded the motion. Motion passed unanimously. The Public Hearing was closed at 6:48 p.m. 2 Discussion of Community Meeting Format % Mr. McCormick presented an outline for Comp Plan Neighborhood Meetings. The first meeting is scheduled for March 25` from 7:00 — 9:00 p.m. at Redeemer Lutheran Church. Staff is planning to hold an informal open house at 6:30 for registration, study of maps, and conversation with participants. The meeting will begin at 7:00 with overviews of Growth Management Act requirements and Comprehensive Plan issues. Participants will then break out into small groups to identify three city- wide issues and three neighborhood issues they would address if they were "Mayor for a Day ". The smaller groups will report back to the large group to vote for the top three issues in both categories. The meeting will wrap up with a summary of outcomes. Neighborhood meetings will probably take around two hours, depending upon the number of participants and their concerns. Planners and Planning Commission members will act as facilitators at these events. Group presentations will differ from Neighborhood Meetings in that there will only be a staff presentation and a question and answer session afterward. They will be tailored to suit the organization, so run times and subject matter will vary. Meetings will be publicized by posting notice in newspapers and on the City's new website, asking the press to publish short articles about some of the more compelling issues, and printing and distributing flyers. Commissioner Gothmann suggested that we find a way to emphasize. "how can this process help you ?" in the publicity for the conununity participation events. Suggestions to enhance the Comp Plan Community Participation process included: • Have a comment sheet or survey available at the door so we can get feedback from our citizens on major issues that the City will be dealing with in the Community Survey. • Planning Commissioners can distribute flyers door to door for Neighborhood Meetings. Service groups can be provided copies of flyers to hand out in advance of their meetings. • When Commissioners approach group or community leaders with the idea of having a meeting or group presentation, it would be wise to take copies of maps and a copy of the County Comp Plan so that they understand the full scope of what the City is trying to accomplish, one group at a time. • Have Neighborhood Meeting schedules printed in high school newsletters. They always get distributed to parents. X. FOR THE GOOD OF THE ORDER There were no reports. XI. ADJOURNMENT There being no further business, the meeting was adjourned at 7:12 p.m. SUBMITTED: APPROVED: Debi Alley, Administrative Assistant William H. Gothmann, Chairman 4 Attendance: Councilmembers Michael DeVleming, Mayor Diana Wilhite, Deputy Mayor Dick Denenny, Councilmember Steve Taylor, Councilmember Rich Munson, Councilmember Gary Schimmels, Councilmember NOTES SPECIAL JOINT WORKSHOP MEETING SPOKANE VALLEY CITY COUNCIL AND SPOKANE VALLEY PLANNING COMMISSION March 15, 2004 6:00 - 8:00 p.m. Staff Dave Mercier, City Manager Nina Regor, Deputy City Manager Marina Sukup, Comm. Development. Dir. Greg McCormick, Long Range Planning Mgr. Scott Kuhta, Long Range Planner Mike Jackson, Parks & Rec Director Ken Thompson, Finance Director Chris Bainbridge, City Clerk Absent: Mike Flanigan, Councilmember (Steve Taylor arrived late, after the voting of the vision statement) Planning Commissioners Bill Gothmann, Chair Ian Robertson, Vice -Chair Fred Bcaulac David Crosby Gail Kogle John Carroll Bob Blum VISION STATEMENT Deputy City Manager Regor welcomed everyone to the meeting and explained that one of the purposes of tonight's meeting is to get a draft vision statement which could be presented to the community for review and responses. Ms. Regor asked councilmembers and commissioners to vote for one of the three vision statements. The results are as follows: Group A — one vote We are stewards of a scenic and unique environment. To that end, we facilitate and enhance the development of greenways. We envision a community that is clean, safe and aesthetically pleasing. We pursue a vibrant economy that includes an interdependence of residents, businesses, visitors and surrounding communities, which contribute to our quality of life and diversified activity centers. We seek a community inspired by individualism and united by a spirit of teamwork. Group B (as amended) — six votes Spokane Valley: a community of opportunity where individuals and families can grow and play, and businesses will flourish and prosper. Group C — three votes Our vision of this City incorporates the following principles: • Encourage a diversified economic and residential base. • Identify the value our city adds to the region and focus on those assets where we can be unique. • Value risk - taking. Convert a "no" climate into a "yes" climate. Invest in opportunity - making, not just problem - solving. • Cultivate and reward creativity. Tap into the creative talent, technology and energy of our community. • Preserve and incorporate our natural environment and resources in the development of Spokane Valley. • Collaborate to compete in a new way, and get everyone in the game. • Every citizen takes responsibility for positive change in the city. • The City accepts the responsibility for fostering creativity in the community. Community Participation in Comprehensive Plan: Community Development Director Sukup gave the PowerPoint program on the Citizen Participation Program. There was also brief discussion concerning the use of the City website to announce upcoming meetings, and to include placement of FAQs (frequently asked questions) concerning the comprehensive 03 -15-04 Joint Meeting Council & Planning Commission Page 1 of 3 plan. it was mentioned that some general comprehensive plan information could also be included on the back of the meeting flyers. Director Sukup explained that Council's role would be to welcome participants to the community workshops, make contact with neighborhoods and various community groups, and to listen to what the community members say. She added that the Planning Commission will be reviewing specific elements before the public meetings, and stresses that if citizens are concerned with one particular element, they should make their concerns known to council and staff, and that staff will give citizens a schedule of when specific elements will be discussed with the Planning Commission; that the Planning Commission meetings will handle one element at a time while public input can be given on any or all elements during the community meetings — depending on individual neighborhood's concerns. Director Sukup also mentioned that staff will ask citizens for e-mail addresses so that they can be supplied with summaries of the meetings and given other needed communications. The first citizen participation meeting is scheduled for March 25, 2004, at the Redeemer Lutheran Church at 3606 South Schafer Road, Spokane Valley Washington. The meeting will begin at 6:30 p.m. with an Open House to allow citizens to view various maps and displays related to the City's planning efforts. The formal meeting will begin at 7 p.m. with an overview of comprehensive plan requirements and a discussion of major issues related to the preparation of the City's first comprehensive plan. Other tentative meetings are set for April 21 and May 10. RUDAT and Consultant Charrette Comparison RUDAT: Long Range Planning Manager McCormick explained the four phases of the Regional Urban Design Action Team ( RUDAT) process, adding that phase three is the actual RUDAT, and phase four is implementation. Mr. McCormick stated that this process might be somewhat out of scheduling synch with the comprehensive plan, and is likely to start after the first of the year. He added that approximately $27,000 has been budgeted for this process. Charrette: Long Range Planner Kuhta explained that the Charrette is a process that addresses problems in relation to the whole rather than the individual parts; that the process happens quickly, people are engaged and see it happening as it begins with a vision and ends with implementation; that we would develop the scope and drive the process and that it is likely the process can begin early fall. Discussion then ensued regarding the process, the possibility of the U -City area, intensity of the process, the approximate $125,000 to $300,000 cost of the seven -day Charrette, and that cost could be controlled by adjusting the scope. Mr. Kuhta added that concerning land use, we don't want it to be transit dependent, but transit supportive; that we should examine land uses along Sprague and try to come up with a land use plan that would spur economic growth and re- development and create a healthy environment. Mr. McCormick added that Sprague is probably the single biggest land use issue facing this community, and that it would fold nicely into the overall comprehensive plan. City Manager Mercier stated that there is some timeline tension associated with the process, as council previously came to consensus that it would be beneficial to have the draft of the comprehensive plan prior to making a decision on the couplet; that Council might have to determine if the RUDAT or the Charrette could be used later to incorporate those features; that funds in connection with the extension of the couplet needed to be addressed, and a firmer financial commitment needs to be made by year's end. Additionally, Mr. Mercier reminded everyone that the question has been posed to the Board of County Commissioners of whether they are willing to convey the corridor, and that no response has yet been received. Budgeting questions came up and Ms. Sukup said that $27,000 is included in the budget for the RUDAT; and Ms. Regor added that the $60,000 and at least half of the CDBG funds could be used toward either the RUDAT or the Charrette. Ms. Regor asked council which process they preferred. Given the shortness of time, it was suggested that Councilmembers and Planning Commissioners direct questions to Mr. McCormick via e-mail, and that the compiled information will then be shared among the Council and 03 -15 -04 Joint Meeting Council & Planning Commission Page 2 of 3 0 Commissioners. Mayor DeVleming stated that he wants more time before making a decision, and suggested placing this matter on the March 23 Council meeting. Community Survey Mr. McCormick stated that the survey questions have been reviewed with the consultant and telephone survey calls will start Thursday; and that the goal is to move forward and get the information back to council in April. There being no further business, the meeting ended at 8:00 p.m. Respectfully submitted, Christine Bainbridge, CMC Spokane Valley City Clerk 03 -15-04 Joint Meeting Council & Planning Commission Page 3 of 3 Spokane County Library District Spokane Valley Library Services and District Support Report to the Spokane Valley City Council February 2004 Note: This report was excerpted from the Februanj 2004 report to the Spokane County Library District Board of Trustees with. added information related to Spokane Valley. Except where otherwise indicated, information relates to the District as a whole. LIBRARY SERVICES Customer use measures Circulation year -to -date is significantly lower than last year — d.own 7% District -wide and in the negative column at every branch. It's up only in Outreach (17 %) and for Web renewals (79%). Only a small percentage can be attributed to the loss of most Liberty Lake customers. This is puzzling to circulation staff, who feel that it's at least as busy as it's been. The management team will be discussing this issue in the coming weeks, as well as declines in reference inquiries and door count. As usual, Internet bookings are up, but the slope of the increase is shallower —only 14% compared to last year. Customer- placed holds continue to edge out holds placed for customers by staff. Of the 20,715 placed in February, 10,588 were self- placed. Selected February 2004 Statistics February Registered Customers by Branch of Registration Page 1 of 6 Circulation Door count Reference Inquiries Program Attendance Internet Bookings 72% YTD YTD to 2003 YTD YTD to 2003 YID YTD to 2003 YTD YTD to 2003 YTD YTD to 2003 Total SCLD 305,447 - 7% 144,073 - 3% 41,512 - 19% 7,048 + 16% 29,381 + 14% Valley 88,342 -11.% 40,892 - 8% 13,899 - 16% 1,259 + 17% 9,988 + 12% Argonne 19,734 - 18% 12,773 - 14% 2,342 • - 24% 276 + 0% 2,152 + 5% Otis 16,519 - 20% 7,376 - 22% 1,165 - 52% 268 - 25% 1,386 - 6% Subtotal 124,635 - 14% 61,041 - 11% 17,406 - 21% 1,803 + 1% 13,526 + 9% % SCLD 40.8% -- 42A% — 41.9% — 25.5% — 46% — Spokane County Library District Spokane Valley Library Services and District Support Report to the Spokane Valley City Council February 2004 Note: This report was excerpted from the Februanj 2004 report to the Spokane County Library District Board of Trustees with. added information related to Spokane Valley. Except where otherwise indicated, information relates to the District as a whole. LIBRARY SERVICES Customer use measures Circulation year -to -date is significantly lower than last year — d.own 7% District -wide and in the negative column at every branch. It's up only in Outreach (17 %) and for Web renewals (79%). Only a small percentage can be attributed to the loss of most Liberty Lake customers. This is puzzling to circulation staff, who feel that it's at least as busy as it's been. The management team will be discussing this issue in the coming weeks, as well as declines in reference inquiries and door count. As usual, Internet bookings are up, but the slope of the increase is shallower —only 14% compared to last year. Customer- placed holds continue to edge out holds placed for customers by staff. Of the 20,715 placed in February, 10,588 were self- placed. Selected February 2004 Statistics February Registered Customers by Branch of Registration Page 1 of 6 Total % Adult % Youth Total SCLD 110,224 72% 28% Valley 37,980 75% 25% Argonne 10,260 74% 26% Otis 6,385 64% 36% Subtotal 54,625 N/A N/A SCLD 49.6% — -- Spokane County Library District Spokane Valley Library Services and District Support Report to the Spokane Valley City Council February 2004 Note: This report was excerpted from the Februanj 2004 report to the Spokane County Library District Board of Trustees with. added information related to Spokane Valley. Except where otherwise indicated, information relates to the District as a whole. LIBRARY SERVICES Customer use measures Circulation year -to -date is significantly lower than last year — d.own 7% District -wide and in the negative column at every branch. It's up only in Outreach (17 %) and for Web renewals (79%). Only a small percentage can be attributed to the loss of most Liberty Lake customers. This is puzzling to circulation staff, who feel that it's at least as busy as it's been. The management team will be discussing this issue in the coming weeks, as well as declines in reference inquiries and door count. As usual, Internet bookings are up, but the slope of the increase is shallower —only 14% compared to last year. Customer- placed holds continue to edge out holds placed for customers by staff. Of the 20,715 placed in February, 10,588 were self- placed. Selected February 2004 Statistics February Registered Customers by Branch of Registration Page 1 of 6 At branches serving Spokane Valley residents... Information Services /Adult Services Region II staff completed the plans for adult programming for the year which includes identification of the programs and presenters, the displays that will go with the programs, as well as the booklists that we will create to support the program and the displays. Signage has been ordered for the special displays. Staff is very excited about bringing more adult programs to the public. Youth Services • District youth services coordinator and regional supervisors planned for the Summer Program, establishing program dates and times as well as the storytirne schedule. This includes teen summer programs, in addition to a "library survivor" program at North Spokane and Valley and the annual "Clue_Done It" at all branches. They also began working out the details for the kids' reading off fines program that will begin June 1st. • A reading to dogs program—"Reading Rovers" — will be presented in April at both Valley and North Spokane. Some of the dogs will make an appearance at the puppet show next month. • All the Region II branches had an after school special this month. There was a reader's theater type story with "The Queen with the Cold, Cold Heart." The kids then made valentines and ate cookies. • Three staff book- talked teen books and graphic novels for teens and kids at a Washington Library Media Association (school librarians) meeting. Argonne: The display case featured the Beatles, commemorating the 40th anniversary of their first U.S. visit. One side of the display shelf featured items to celebrate Black History Month. Tax aide volunteers started February 3, on Tuesday evenings. After school special (making Valentine mice) attendance was 11 kids and 5 adults. There were between 27 and 48 children and parents combined in storytimes. Otis Orchards: A customer let branch supervisor Bev Bergstrom know that he liked our mission statement and that we did a good job of carrying it out. Bev said, "You could have knocked me over with a feather. I didn't think any customers read our mission statement. That was before we got the more eye - catching format." The After- School valentine special was fun for the kids, but once again, did not draw a large crowd; the Black History Month book display was good, but did not check out. Valley: Holds were moved to shelves in the public area for self service and most customers are pleased with this change. Staff will add the comment "private pickup" to the hold record when customers indicate that they prefer to pick the item up at the desk. Self - checkout continues to be popular The 2nd floor reference office was updated to make it more comfortable for a larger number of staff. 30.4 % of Valley's total circulation for the month was at self- checkout stations. Outreach: Staff met with Spokane Valley Meals on Wheels executive director to discuss how the lunch program could be used to connect with homebound residents in the area that may not know about us. We provided her with flyers that will go out to all their customers in March. On the storytime front, Linda Carlson brought out the monkey stories to mark the Chinese New Year and Don Nelson shared some dual language books with an ECEAP. The class, which included two Spanish -only speaking children, enjoyed the change of pace and was thrilled to learn that they could speak a language of their own. The customer quote this month: In response to the question "How are you today ?" we received the very honest reply, "In a constant state of old age." COLLECTION SERVICES Page 2 of 6 Library materials • 1,298 titles and 3,629 copies were ordered and 5,651 items were processed and sent to branches in February. Although the total number of items processed this year is ahead of last February, the department is so caught up that materials come in and are out of the department within about a week. • Collection services manager Lyn Dedas, in consultation with regional manager Ellen Miller, decided to change the nature of the Fairfield materials collection to more closely resemble that of Moran Prairie, with items rotating in and out more often. Since the collection is so small, customers (particularly regular ones) aren't well served when it's relatively static and so quickly read through. • New databases added for public use on February 5th included AncestryPlus, Encyclopedia Americana, Grolier Multimedia Encyclopedia, Marquis Who's Who, NoveList, Opposing Viewpoints Resource Center, Scribner Writers, Twayne's Authors, and Testing & Educational Resource Center. All but AncestryPlus are also available remotely. • Budget line items for books, periodicals, databases, and nonprint were adjusted to reflect collection goals for the year. • We ceased being a partial depository for Washington State documents as of February 27th. We asked to stop the program because several area libraries are partial or full depositories and our documents were not used enough to warrant our staff time and shelf space. With the State Li permission, we will discard most documents and catalog the ones we need in the collection. Youth services Youth services coordinator Thom Barthelmess worked with regional managers and youth supervisors on sprucing up the children's areas at Valley, Airway Heights, Fairfield and Medical Lake. He continued work on plans for Summer Reading and Reading Rovers (reading to dogs) and began work on the Dewey inserts to alert customers where to find materials in the stacks. Miscellaneous Thorn and Lyn attended the Public Library Association Conference February 25 -28. They went to a number of interesting and challenging meetings, discussion tables, and exhibits and both met with vendors and provided feedback and input on products. Several booklists in iBistro on the Web site were updated: Classic Adventures, Christian Fiction, Horror, Magical Realism, and Westerns. ADMINISTRATION Moran Prairie Project Architect selection Nine proposals were submitted in response to the Moran Prairie project RFP. Seven of the architectural firms were local; two were from the Seattle area and have extensive public library design experience. The Moran Prairie LCFA project committee chose three Spokane firms for interview on March 10 and 11: ALSC Architects, Integrus Architecture, and Northwest Architectural Company. Bond sale Financial advisor Dick Schober of Piper Jaffray and bond counsel Jared Black of Lukins & Annis developed a preliminary financing schedule for the MPLCFA bonds. Pricing is to occur on iNl:ay 17, with the MPLCFA Board to adopt the bond resolution on May 18. The closing and receipt of assets would take place on June 3. Page 3 of 6 Work on the Preliminary Official Statement will begin in mid- March, using those of two other LCFA's (m King and Snohomish Counties) as a model. CIPA implementation Work for the March 1 Children's Internet Protection Act compliance implementation was completed by month's end. This included revision of several printed items that include information on library Internet access, a mailing to the parents of approximately 900 minors for whom unfiltered access permission was given to let them know that this is no longer possible, and changes to the software and servers. Since we already had in place hardware and software that was close to complying with CIPA requirements, compliance cost for the technical aspects was minimal. However, printing costs were about $1,500 and the total cost of the mailing was $428. Budget General Operating Fund Work began on the first "mid- year" budget review to reflect up -to -date property tax and city contract fee information. A number of expense areas were also reviewed to see if they could be reduced without an adverse impact. In the overall guideline for the review, there will not be an increase in total expenses unless it's totally unavoidable or can be covered through an appropriate capital reserve fund transfer. The revision recommendation will be presented for Board action at the March meeting. Bond .Redemption Fund We were notified by the County Assessor at the end of January that our 2003 excess levy for our 1996 bond debt services had been accidentally applied to Fairfield and Deer Park property. Because those cities weren't part of the District in 1996 (and didn't vote on the issue), they aren't responsible for the debt services. That money (about $12,000) is being collected in 2004 from the remainder of the District and refunded to the cities. It doesn't affect the funds we need for 2004 principal and interest payments. GOVERNANCE Tax Increment Financing Area I participated in a February 2 conference call to discuss a second West Plains Tax Increment Financing Area proposal. The main purpose for creating the area is to serve as a marketing tool to help attract large industrial /commercial enterprises to the area, particularly to compete with the Post Falls area. Because of concerns expressed about its open - endedness in terms of both duration and project costs, the developer and his legal counsel (Jared Black of Lukins & Annis) agreed to tighten it up and bring it back for further review. By month's end that hadn't happened. City of Spokane annexation agreement Subsequent to the February 17 regular Board of Trustees meeting, I met with Spokane Public Library director Jan Sanders and City of Spokane interim planning director Dave Mandyke to discuss the Verhoogen annexation mitigation agreement and future annexation mitigation issues. Mr. Mandyke agreed that it would be better to come up with a long -term mitigation plan rather than deal with each annexation individually. He thinks it's probably OK to hold off on addressing the Verhoogen property until this is resolved and suggested that Jan and I work out a proposal for Page 4 of 6 council consideration. We'll work on it in March and then have Jim Sloane put together a draft agreement for review. The Legislature The cut off for bills to make it out of the opposite house is March 5. The only exceptions continue to be those required to implement the budget. The session is scheduled to end on March 11, but that may not happen. The following bills of interest remained alive at the end of February. • 1T3 2632, Special meeting notification: Brings the statutes into the 21St century by allowing governing body notification of special meetings by fax and e-mail. Passed House; in Senate Rules Committee. • ESSB 2779, Employment information: Provides that an employer who discloses information about a former or current employee's job performance, conduct, or other work- related information to a prospective employer, or employment agency, at the specific request of that individual employer or employment agency, is presumed to be acting in good faith and is immune from civil liability for such disclosure or its consequences. Passed House; in Senate Rules Committee. • ESSB 5150, Library trustee elections: By the time it was approved by the Senate last year, it had changed to a library trustee recall bill, not an election bill. It's badly drafted and doesn't follow normal recall requirements. Passed Senate; in House Local Government. It isn't expected to get a hearing m the House but is expected to be back next year. INITIATIVE 864 A February 3 analysis of Initiative 864 by the state Department of Revenue concluded that the initiative language that exempts all voter approved levies means that it doesn't apply to the levy of any taxing district that has had a successful levy lid override election for its regular levy. SCLD voters have approved levy lid overrides twice. Several other library districts (including King County, Sno -Isle, Fort Vancouver, lArhatcom County and Pierce County) have also had overrides, thus exempting them in the opinion of the DOR based on the current initiative. Signature gathering began in late February. The deadline for petitions to be submitted to the Office of the Secretary of State is July 2. COrMIVIUNITY RELATIONS Community activities • I attended the Spokane Regional Chamber of Commerce and Spokane Valley Chamber of Commerce monthly networking breakfasts. • I wasn't able to attend Valley Chamber public policy or local government conunittee meetings during February. Communications The communications specialist position budgeted beginning this year was filled on a temporary basis pending more certainty about future District revenue. Beth Gillespie, who has nine years experience in corporate communications and agency public relations, will begin work on March 1. Graphic designer Ann Torpie began her new 30 -hour per week schedule in mid- month, an increase of 10 hours per week. Revision of materials related to CIPA compliance was one of the month's major projects. Summer Reading 2004 planning (with Spokane Public Library) officially kicked off on the 18th. Page 5 27 graphic jobs were completed during February; 15 were in process. INFORMATION TECHNOLOGY • The Windows XP rollout was completed on February 22. • The DEC Alpha, used for DRA Classic since 1997 was "wiped" and moved out of the computer room along with several other outdated pieces of equipment. • Configuration changes were made to implement the District's CIPA compliance plan. • The VPN configuration was completed and made available to interested board members and Management Team. • Self -check stations were prepared for North Spokane. • IT manager Priscilla Ice attended the Public Library Association Conference in Seattle, focusing on technology issues to support the strategic plan: Voice over IP, wireless, databases, hosted web services, workstation management (including thin client and tablet PCs), 24/7 reference (and the technology to support it). FINANCE, PURCHASING, FACILITIES • The Argonne building boiler failed and rather than overhaul it, the decision was made to replace it at a cost of approximately $20,000. Installation is anticipated in the second week of March. Temporary electric furnaces have been providing adequate heating in the interim. • We haven't yet been billed by the county for last year's Argonne building sewer connection. • The business office was successfully converted from Windows NT to Windows XP. • Business manager Bill Sargent completed most of the work for the first mid -year budget review. Page 6 of 6 � s�kan� � . jValley C) Memorandum To: David Mercier, City Manager, and Members of Council From: NinaRegor, Deputy City Manager Date: March 23, 2004 Re: Monthly Report — Summary of March 2004 Activities 11707 E Sprague Ave Suite 106 • Spokane Valley WA 99206 509.921.1000 • Fax: 509.921.1008 • cityhall®spokanevalley.org Contract Negotiation and Administration • Library Services. The first meeting of the library capital facilities meeting was held Mach 18. The group reviewed the questions for the telephone survey and discussed additional public input opportunities. The 400 - response survey is scheduled to be conducted at the end of March. The District contracted with Strategic Research Associates, a Spokane firm, to conduct the survey. Other opportunities for public input include an open house at the library to display and receive input on service models, and the potential to solicit input at upcoming comprehensive plan community meetings. Depending upon the frequency of the advisory committee meetings, at least one and possibly two updates to Council and the District Board will be scheduled prior to the end of the project. The next meeting is scheduled for April 29. On a separate track, a representative from LSSI is scheduled to visit the City on March 23 and 24. • Animal Control. The second regional animal control task force meeting was held on March 18. The City of Spokane and Spokane County are gathering information on revenues and expenditures for their operations, which will allow the task force to forecast the cost of various options. Both agencies are working with their auditors on year -end tasks and do not yet have a projected completion date for compiling the.financial information. The task force agreed that the financial evaluation was a critical first step, so the next meeting is tentatively set for May 6, but may be rescheduled. - Special Projects • Citizen Reference Guide. Joint with Spokane County and the City of Spokane, Spokane Valley has completed a Citizen Reference Guide. The Guide is available for distribution to interested citizens. • Web Site. The City's revamped web site is up and operational. Information is updated as- needed — on a daily basis if necessary. We are now beginning work on the intranet, which provides information and forms for employee use. Our contract with A Perfect Web includes both the external web site and the intranet. Operations • Employee Recruitment. The City currently has three open recruitments — one Code Enforcement Officer and two Administrative Assistants. We conducted a Word and Excel assessment for seventeen of the Administrative Assistant candidates, and held oral board interviews for all three positions. We are currently in the reference check/ executive interview stage. By the end of March, we expect to extend offers to fill the three vacancies. Spokane .Valley Memorandum To: Dave Mercier, City Manager From: Ken Thompson, Finance Director CC: Nina Regor, Deputy City Manager Date: March 10, 2004 Re: Monthly Report During the last few weeks of February and early March, Finance employees worked on the following projects: Business registration 11707 E Sprague Ave Suite 106 • Spokane Valley WA 99206 509.921.1000 ♦ Fax: 509.921.1008 • cityhall @spokanevalley.org 1Vlicroflex has entered 1900+ businesses into the business registration database. Additional mailings and reviews of related data bases are planned to identify and register businesses that operate within our city limits A decision will be made later this year on using the State Department of Licensing (DOL) for renewals. Use of DOL would be convenient for businesses as their city registration could be renewed simultaneously when they renew their state license. The cost to both businesses and the city will also be factors to consider. Cost recovery We are reviewing direct costs in several departments which will be allocated to various city operations and will eventually be reflected in our fees, charges to developers and charges to outside agencies. We are currently reviewing costs in the Conununity Development Department. We will be visiting with Public Works and Parks and Recreation during the next 30 days. We expect to find an approach which reflects a fair allocation of our costs to city programs. Budget variance report Reports showing a comparison of our revenues and expenditures to our 2004 budget at January 31, 2004 and February 29, 2004 are attached. State law and proper accounting practice require accrual of 2003 revenues and expenditures into 2003, even though they are actually processed in early 2004. This results in few transactions in the January report. 2004 budget amendment We are preparing a list of projects and /or contracts which were budgeted in 2003 that were not completed in that year. Adjustments will be needed to the 2004 budget to allow for the completion of these contracts and projects. Examples include the city hall fiber project and the business registration project. 2005 budget process 2005 budget work papers are being modified as we begin to prepare the budget. State law requires that actual revenues /expenditures for the prior year and budgeted information on the current year be included in information we present to the City Council. Funding of capital projects We are working with members of the public works department to identify alternative funding sources for capital projects. Our multiyear financial plan highlighted revenue shortfalls beginning in 2005 for capital projects. We expect to consider Community Development Block Grants, Public Works Trust Fund Loans and other funding sources to assist us in financing capital projects in 2005 and beyond. The potential City match on the couplet project will add to our funding problems. Year end financial report for 2003 Preparation of the annual financial report is underway. This document will eventually be reviewed by bond rating agencies, financial underwriters, auditors and our bond buyers. This project will take several months to complete. General Fund Revenues: Property Tax S 10,710,000 $ S Sales Tax 11,720,000 Gambling Tax 690,000 Leasehold Excise Tax 5,000 64 Franchise Fees 640,000 State Shared Revenues 882,816 Planning & Building Fees 939,000 83,586 Fines and Forfeitures 400,000 Recreation Program Fees 309,000 2,970 Investment Interest 18,000 Operating Transfers 42,500 $ 26,356,316 S 86,620 $ 1,464,938 General Fund Expenditures: Legislative Branch Executive & Legislative Support Public Safety Operations & Administrative Sva Public Works Planning & Community Dev. Library Services Parks & Recreation General Government 3110/2004 4:23 PM City of Spokane Valley General Fund Budget Variance Report For the Period January 1 - February 29, 2004 Budget January 2004 Revenues Budget 2004 $ 215,372 438,482 14,093,990 917,605 631,079 1,544,519 2,053,250 1,709,780 4,752.239 $ 26,356,316 S 55,640 $ 27,402 990,670 59,208 40,606 84,373 24,134 257,054 $ 1,539.087 February YTD Revenues Revenues 1,252,303 92 1,669 121,459 86,111 1,591 1,713 11,450 28,167 1,221, 357 67,748 53,660 99,647 163,929 40,503 S 1,686,461 $ 1,252,303 92 1,733 205,045 86,111 4,561 1,713 January February YTD Expenditures Expenditures Expenditures $ 67,090 55,569 2,212,027 126,956 94,266 184,020 188,063 297,557 $ 3,225,548 Unrealized Percent Revenue Realized $ 10,710,000 10,467,697 689,908 3,267 640,000 882,816 733,955 313,889 304,440 16,287 42,500 $ 1,551,558 $ 24,804,758 Unrealized Expenditures 148,282 382,913 11,881,963 790,649 536,813 1,360,499 2,053,250 1,521,717 4, 23,130,768 0.00% 10.69 0.01 34.66 21.84 21.53 1.48 9.52 5.89% Percent Realized 31.15% 12.67 15.69 13.84 14.94 11.91 11.00 6.26 12.24% Other Funds Revenues: Street Fund Arterial Street Fund Paths & Trails Hotel/Motel Fund Debt Service - LTGO 03 Capital Projects Fund Special Capital Projects Fund Street Capital Projects Mirabeau Point Project Street Bond Capital Projects Stormwater Mgmt Fund Equip. Rental & Replacement Risk Management Other Funds Expenditures: Street Fund Arterial Street Fund HoteUMotel Fund Debt Service LTGO 03 Capital Projects Fund Special Capital Projects Fund Street Capital Projects Mirabeau Point Project Street Bond Capital Projects Sewer Fund Stormwater Mgmt Fund Equip. Rental & Replacemnt Risk Management 311012004 4:23 PM City of Spokane Valley Other Funds Budget Variance Report For the Period January 1 - February 29, 2004 Budget 2004 January February Revenues Revenues $ 2,062,200 $ 49,996 $ 542,000 12,800 380,000 800,000 840,000 840,000 3,230,000 YTD Revenues 115,839 S 165,835 44,251 44,251 Unrealized Percent Revenue Realized $ 1,896,365 8.04% 497,749 8.16 12,800 - 362,675 4.56 800,000 - - 779,229 7.23 779,447 7.21 3,030,000 6.19 4,524 (16,368) - 1,964 (4,877) - 746,605 0,12 131,624 0.01 7,500 94.55 514,401 $ 700,885 $ 9,022,749 7,21% Budget January February YTD Unrealized Percent 2004 Expenditures Expenditures Expenditures Expenditures Realized $ 3,773,184 $ 13,235 $ 400,593 $ 413,828 $ 3,359,356 10.97% 600,000 - 600,000 - 300,000 84,781 84,781 215,219 28.26 800,000 - - 800,000 180,000 - 180,000 300,000 200,000 200,000 100,000 66.67 3,219,700 - 48,857 48,857 3,170,843 1.52 9,500,000 3,639 27,736 31,375 9,468,625 0.33 2,430,000 - • 213 213 2,429,787 0.01 105,884 90,113 195,997 (195,997) 518,700 - 3,910 3,910 514,790 0.75 28,600 1,868 4,000 5,868 22,732 20.52 137,500 111,066 - 111066 26 $ 21,787,684 $ 320,473 $ 775,422 $ 1,095,895 $ 20,691,789 5.03% 747,500 131,634 137,500 130,000 $ 9,723,634 $ 186,484 $ 17,325 17,325 60,771 60,771 60,553 60,553 200,000 200,000 11,844 16,368 2,913 4,877 895 895 10 10 130,000 CITY OF SPOKANE VALLEY DEPARTMENT OF COMMUNITY DEVELOPMENT MONTHLY REPORT FOR FEBRUARY 2004 LONG RANGE PLANNING DIVISION: During the month of February 2004, Long Range Planning met twice with the Planning Commission (February 12 and 26 At the February 12 meeting, the Commission concluded a public hearing on a proposed International Building Code Ordinance that was continued from the January 26 meeting. A public hearing was also conducted on an ordinance amending the sprinkler requirements in the City's existing Building Code. The Planning Commission conducted a public hearing on Article I of the Uniform Development Code at the February 26 meeting and voted to forward a recommendation to City Council on the matter. The Commission was also presented with a Community Meeting format to be used during the development of the Comprehensive Plan. Commissioners and staff discussed the format and decided to use it for the upcoming Community Meeting, scheduled for Thursday, March 25 from 7:00 — 9:00 p.m. at Redeemer Lutheran Church. Any necessary adjustments will be made to the format after the first meeting. A joint City Council /Planning Commission workshop was held on Monday, February 23 The focus of this workshop was to discuss of alternatives for the Appleway /Sprague Couplet. Long Rang Planning staff also conducted the selection process for a consultant to direct a community survey as part of the Comprehensive Plan Community Outreach process. Clearwater Research from the Boise area was selected to perform the survey. Page 1 of 7 O Site Ran Review 5 6 W Sign I +rrrtit Review 6 5 O SS'A Review 3 3 • Short Rat 3 2 0 Subdiv 1 0 0 Rezone 2 0 0 Horne Ftofession 5 0 0 Binding Site Ran 2 0 ® Adult Entertainment license 2 4 ' CURRENT PLANNING DIVISION: City of Spokane Valley Department of Community Development Monthly Report for February 2004 During the month of February, 2004, the Current Planning Division issued sixteen (16) decisions for various land use actions and sold four (4) licenses. 2004 MONTHLY CURRENT PLANNING ACTIVITY - BY TYPE 100% 90% 80% 70% 6096 50% 40% 30% 20% 10% 0% Page 2 of 7 E.f Monthly revenue for the Current Planning Division totaled $9,395.00 in February. The Division's total 2004 income thus far is $25,207.00. A comparison of Current Planning activity through the month of February to the annual projection for each land use category and permit is shown below: Site Flan Review Sign Perrrit Review S9>A Review Short Rat Subdivision Rezone Home R Binding Site Plan Adult Entertainment License 2004 CURRENT PLANNING ACTIVITY ANNUAL COMPARISON 0 20 40 60 80 100 120 140 160 1 0 2004 Projections ■ Activity to Date $20,000 510,000 so City of Spokane Valley Department of Community Development Monthly Report for February 2004 2004 CURRENT PLANNING REVENUE 1 11 m 1 Page 3 of 7 z 0 a z During February, the Finance Department trained all Current Planning staff on cash handling procedures. Following this training, staff began use of two cash drawers at the Planning Counter to provide increased customer service. In addition, Current Planning staff participated in the development of the Division's portion of the City's updated web site to provide citizens and interested parties access to public notices, application forms, and administrative and Hearing Examiner decisions. BUILDING DIVISION: City of Spokane Valley Department of Community Development Monthly Report for February 2004 The Building Division issued 167 permits in February. This represents an increase in activity of almost 60% over January. Thirteen of the permits related to commercial activity. We reported one duplex, thirteen single family homes and three apartment buildings to the Census Bureau. 200 150 100 50 0 0 2004 BUILDING PERMITS SOLD z c- C l e Corrrrercial Ptrrrits 0 Residential Ferrrts m 0 O 0 z 0 0 0 In its January report, the Building Division understated its revenue by $10,611.35. Total receipts for January 2004 were $20,347.11 in Construction Permit fees and $13,339.71 in Plan Review fees. The Building Division brought in $77,842.13 in Construction Permit fees and $31,340.99 in Plan Review fees during the month of February. Our total 2004 income thus far is $142,869.94. $125,000.00 $100.000.00 $75,000.00 $50,000.00 $25,000.00 $0.00 L T tU 0 Q 2004 BUILDING REVENUE o v • G - G C N o z 0 Page 4 of 7 CODE ENFORCEMENT: City of Spokane Valley Department of Community Development Monthly Report for February 2004 Page 5 of 7 J In nineteen business days we performed 611 inspections. This averages out to a little over 32 inspections a day. Mr. Calasopa performed 98 inspections for the City as an on -call inspector. The inspection activity level exceeds our target level of twelve inspections per inspector per day. The new Walgreen's on Pines and Sprague, as well as a 75 -unit apartment complex at 16122 Valleyway, have both begun construction. Plan review remains very active. In February we tested new plan review software developed by Opta Soft. This software was subsequently offered to us at a reduced rate and the City purchased the program for $500.00. This program allows us to not only perform all commercial plan reviews with a predictable and measurable level of scrutiny, but it reduces our plan review time. Using this software on one commercial project, our Plans Reviewer spent Tess than three hours performing his check on a project that would have previously taken over two days to complete. Using this program allows us to continue to meet our projected response time for permit issuance as well as increase our level of accuracy performing plan review functions. We have completed our first round of interviews for the new Code Enforcement Officer. Final selection process is underway and the new employee may begin work in late March or early April. Code Enforcement is teaming with the City Police Department in the Weed and Seed program. We expect that this collaboration will expand to enhance our Code Enforcement efforts and possibly help the Police Department effectively address some repeat offences related to land use, nuisance complaints and dangerous or obsolete structures. City of Spokane Valley Department of Community Development Monthly Report for February 2004 The number of "Violations Reported" on the chart below reflects actual Spokane Valley Zoning Code violations. Complaints received, serviced and abated — ranging from dead animals in the Right of Way to nuisance parking — are not reflected. 1000 100 10 1 D m CD 0 CODE ENFORCEMENT STATUS D l c_ c c CD cn co rt 0 0 IY z 0 ® Violations Reported ln Abatements O File Transfers D Fending Files 0 A new chart on the following page provides a monthly comparison of the types of Spokane Valley Code violations reported. Page 6 of 7 0 Landlord/Tenant 2 4 .� o Sewer Septic 2 0 m Dangerous Building 1 3 ■ Property Use 0 1 o liege! Dumping 3 1 m Right of Way 4 , 4 o Signage 1 0 o llegal Business 1 1 o Animal 4 1 El Nuisance 3 2 II. o Junk Auto 10 21 --��- ® Solid Waste 7 13 City of Spokane Valley Department of Community Development Monthly Report for February 2004 2004 CODE VIOLATIONS REPORTED (BY TYPE) 100% 90 % —� '1 80% 70% — 60% — 50% — 40% — 30% — 20% 10% 0% Jan Feb Mar Apr May June July Aug Sept Oct Nov Dec Sji1can� 0 Vai1ey Agreements for Services Adopted and in Operation: • Street O &M — County Maintenance • Street O &M WSDOT • Engineering County Engineer • Storm Water County Utilities • Solid Waste Regional Solid Waste PUBLIC WORKS DEPARTMENT MONTHLY REPORT Through March 12, 2004 Agreements in Progress: • Wastewater Treatment -- Currently discussing draft interlocal agreement with the County. Capital Projects: • Continued coordination with Spokane County on engineering services contract. • Continued coordination with Spokane County and WSDOT on the traffic analysis of the Pines /Mansfield project. • Completed the development of the Mitigation Agreements for the Pines /Mansfield Project. • Issued ad for CenterPlace Bid, held pre -bid conference, issued two addendums, and coordinated efforts for bid opening. • Held coordination meetings with Spokane County staff on the design of four sanitary sewer projects (Veradale, Weatherwood /Owens, Sipple, Carnahan) and two road projects (1 6 'r' Avenue — Project 2, Park Road) • Continued coordination with Bridging the Valley Consultant (HDR) and Spokane County on Park Road, Barker Road, Flora Road grade separations. • Began the development of the Public Works page for the City's web site. • Attended joint Council /Planning Commission meeting on developing Sprague /Appleway Couplet alternatives. • Coordinated with Spokane County on the start of Evergreen Road construction. Maintenance Activity: • 26 yards of material used for shoulder repairs. • Approximately 14 tons of material used for pothole patching and repairs. • Approximately 1,070 tons of gravel placed and graded on gravel roads. • Approximately 36,000 gallons of de -icer applied. • About 270 yards of sanding material used. • Approximately 57 utility cut (Right of Way) permits issued for past month. • Trimming of vegetation in rights of way during breaks in snow. Land Development • Applications Reviewed /Conditions Prepared (Including Comm. Pre -App): Commercial Projects — 6/6 *, Residential Projects — 6/6 • Road and Drainage Plan Review: Commercial — 2/2, Residential — 3/3 • Hearings Held: Commercial — 0, Residential — 0 • Construction Walk - Throughs: Commercial — 0, Residential — 1/1 • Rezone Applications: Commercial — 0, Residential — 2/2 *(current month totals/annual totals) Sp�kan ■• valley 2004 PROPOSED PROJECTS Road Construction Projects Evergreen Road Sullivan Road & 4th Ave. Signal Park Road - Project 2 16th Avenue - Project 2 24th Avenue Sidewalk Project Pines/Mansfield Sewer Projects Carnahan Weatherwood /Owens Sipple Veradale South Green Acres - Phase 1 Burns Road Miscellaneous Projects Miscellaneous Valley Couplet Road Replacement Projects Consultant Contract Centerplace at Mirabeau Point Construction in Progress Stormwater Drainage Projects * Statewide Transportation Plan (STIP) Transportation Improvement Board (TIB) Bridgges ` Replacement Advise Committee (BRAC) 2004 C',7 r `,Iction Projects (MR) -Feb Capital Improvement Projects Project Location 16th Ave. to 2nd Ave. Sullivan & 4th 8th Ave. to 2nd Ave. Dishman -Mica to SR 27 Bowdish to Pines Wilbur Rd. to Pines Rd., Pines to 190 Road Design Projects Barker Road Reconstruction Boone to Barker Rd. Bridge Barker Road Bridge Replacement Barker Rd. at Spokane River 1 -90 to Bth, Havanna to Eastern McDonald to Mamer, Mission to Mallon Vercler to Mamer, 1 -90 to Boone Dalton to Rutter, Bradley to Vista Calvin to Sommer, Springfield to Main Indiana to Mission & Flora to Long Rd. Completion Date Design Construction Complete Complete 7/9/04 100% 5% 5/1/04 PE / RNV Complete 0% 10/1/04 90% 0% 11/1/04 95% 0% 9/1/04 0% 0% 10/1/05 0% 0% 2004 Funding $ 1,521,000 $ 15,700 S 821,000 S 1,932,000 $ 198,000 $ 620,000 Total Project Cost $ 2,787,000 $ 165,000 $ 972,000 $ 3,302,000 $ 198,000 $ 3,134,000 10/15/05 0% 0% $ 1,150,000 S 2,998,200 12/1/06 0% 0% $ 702,000 S 8,057,615 11/1/04 40% 0% $ 2,569,000 $ 2,569,000 11/1/04 75% 0% $ 4,083,000 $ 4,083,000 11/1/04 40% 0% $ 2,914,000 $ 2,914,000 11/1/04 70% 0% $ 2,985,000 $ 2,985,000 7/31/04 100% 40% 5 $ 380,000 $ 31,000 $ 31,000.00 S 50,000 $ 50,000.00 $ 15,000 $ 15,000.00 $ 830,000 $ 830,000.00 $ 60,000 $ 60,000.00 S 9,500,000 $ 9,500,000 S 200,000 $ 200,000.00 Total $ 30,196,700 $ 45,230,815 TO: Dave Mercier, City Manager FROM: Cal Walker, Chief of Police DATE: March 15, 2004 RE: Monthly Report February 2004 Attached is February's activity report for the Spokane Valley Police Department. There were a total of 4,448 computer - aided dispatch (CAD) incidents. These are self-initiated officer contacts, as well as calls for service. Out of those 4,448 incidents, 1,629 actual reports were taken during the month of February. Attached is the breakdown describing those incidents. Additionally, there were 1,464 traffic stops conducted that resulted in 247 traffic reports. 1 have included hotspot maps for January/February stolen vehicles, February residential burglaries, vehicle accidents and commercial burglaries. There is also a column comparison of February 2003 to February 2004, plus a "Year to Date" column that will be cumulative. As you will see in the comparison, when you look at month '03 comparisons to the same month '04, you will. begin to notice a rise in numbers. This is in part one of the anticipated results of having our own directed police entity in this community. If you recall our earlier discussions as we were formulating and building our own police department, a statistical phenomenon that 1 advised the Counsel of was that other cities that have changed and directed new and different types of policing have also experienced an increase in numbers. This is due in part to our officers observing more as part of the greater "presence", as well as the community noticing a direct increase in responsiveness and therefore being willing to call and report crimes that earlier they may not have bothered to report. Our year -to -year analysis will really start to show more true comparative validity as we compare year -to -year activity once we get settled in as the Spokane Valley Police Department and as a city, and build our own statistical data. ADMINISTRATIVE ♦ We continue to work on the Valley Precinct Lease Agreement. Updates will be forthcoming. ♦ The Central Valley Weed and Seed project also continues to be developed, and you will find updated administrative reports as we make progress on that application and potential award. OPERATIONAL MEMO ♦ In January and February 2004 the citizens of Spokane Valley fell victim to well over 100 - vehicle prowling and malicious mischief to vehicles, from Dishman 1 Mica to Sullivan, south of Sprague to 32". The patrol division, recognizing a possible pattern, staked out a general area and apprehended two suspects. Follow up by detectives in the Investigation Unit produced search warrants and good information that show these suspects were responsible for at least eight vehicle prowlingss a night and over 100 malicious mischief incidents in which car windows were shot out by a BB gun. Detectives were able to recover some of the stolen property and determined most of the property was sold for cash and drugs. We expect the number of vehicle prowlings in the Spokane Valley to be reduced considerably by the arrest. COMMUNITY-ORIENTED POLICING ♦ In February the Sheriffs Office /Spokane Valley Police selected and placed a new Chaplain Director. Andrew (Andy) King was appointed (officially) by the Chaplain's Board on March l st. Andy recently was a senior pastor of a church in Spokane, The Pentecostals of Spokane, since 1995, and an administrative pastor of a church in Chelsea, OK (1992 to 1995). Andy also has experience as a volunteer police chaplain for the Chelsea Police Department, Oklahoma and was a participant in the aftermath of the Alfred P. Murrah Federal Building bombing in Okalahoma City. He has been a volunteer chaplain for the Spokane Police Department from 2001 until accepting this position. The Chaplaincy program is moving into a new direction, Regional Chaplains This will be a two -prong approach. Not only will the program continue serving the men and women of the SCSO /SVPD, but will branch out to the community and build a relationship with neighborhood churches to provide additional support for citizens finding themselves in traumaticicrisis situations. The chaplains are partnering with SCOPE to provide this additional service to the citizens of our communities. 2 2004 FEBRUARY CRIME REPORTS February, 2004 February, 2003 2004 Year to Date BURGLARY 60 49 120 FORGERY 50 21 92 MALICIOUS MISCHIEF 116 87 175 NON - CRIMINAL 80 35 149 PROPERTY OTHER 131 102 274 RECOVERED VEHICLES 19 6 42 STOLEN VEHICLES 41 17 82 THEFT 206 170 407 UIOBC 2 0 2 VEHICLE OTHER 4 4 8 VEHICLE PROWLING 140 46 223 TOTAL PROPERTY CRIMES 849 537 1,574 ASSAULT 77 89 135 DOA /SUICIDE 14 8 22 DOMESTIC VIOLENCE 62 55 120 HOMICIDE 0 0 0 KIDNAP 2 1 4 MENTAL 25 35 51 MP 10 9 26 PERSONS OTHER 123 97 263 ROBBERY 1 6 8 TELEPHONE HARASSMENT 21 14 34 TOTAL MAJOR CRIMES 335 314 663 ADULT RAPE 2 1 3 CHILD ABUSE 8 9 22 CUSTODIAL INTERFERENCE 12 6 22 SEX REGISTRATION F 0 0 1 INDECENT LIBERTIES 0 3 1 CHILD MOLESTATION 5 3 13 CHILD RAPE 4 3 10 RUNAWAY 34 35 89 SEX OTHER 14 8 24 STALKING 1 2 2 SUSPICIOUS PERSON 40 27 66 TOTAL SEX CRIMES 120 97 233 DRUG 78 39 159 ISU OTHER 0 0 0 TOTAL ISU 78 39 159 TOTAL TRAFFIC REPORTS 247 180 557 TOTAL REPORTS RECEIVED 1,629 1,167 3,188 \ 'j Mission 14th , r Qtssion 1 pri »gitel c , 4 V :yway 'i'lman r Mtrabea Euclid Springs 21st 25th Sterling Grenit 0 0.5 1 MI January /February 2004 Stolen Vehicle Hotspots Mop Producod: 10 March 2004 Sp 1n9s �✓ Mirabeau k\ eGiece Fo(' 4 'i I-"t Ma • -11 t Vg i m t 1 ' hfsa we _ u Bron= 1 m`Desmot _Man _ P Ca a1d: m * I prl d i111if_ . D Va le ay Mission uclid Ian M iii' alts= 25th (3 31st Princeton SuthO lin Belie Terr --Heroy Rloh Sterling . 3911 C: also Granite Euclid e e Accidents I Low Medium Low mu Medium MI High Josep 7 0.5 1 Milo February 2004 Accident Hotspots Map Produced: 10 March 2004 ti 14th p fission 7 s p a r t gs -co 7q ( _ CD _ 21st J ennie C th 7 Q � 27t 6 U e • 25th 5 • ` 4 3th v m i) 3— m i _ 31s1 ° 43id43rd m ' 44tH ` - t .1 % -.3° hri ' ` t arjp mr 1 � � i5 y 50s i _ 0 � , r e Sanyo Bello Terre — Ball Commercial Burglary [M] Low 1111 Medium 1111I High 0.5 1 Mile February 2004 Commercial Burglary Hotspots Map Producod: 10 March 2004 Residential Burglary LJ LJ Low - Medium IIIII High February 2004 Residential Burglary Hotspots Map Produced: 10 March 2000 INCIDENT TYPE Year to Date Jan Feb March April May June July August Sept Oct Nov Dec 11-S Structure Fire Single Response 49 31 18 11 -F Structure Fire 21 10 11 11 -W Working Fire 5 2 3 13S Vehicle Fire 14 7 7 14 -UH Brush Fire -Low 3 0 3 � 15S Trash Fire 2 0 2 18-S Alarm System - Single Response 27 16 11 18 -F Alarm System- Full 86 54 32 31 -A/B BLS EMS Alarm 374 211 163 31-C /D ALS EMS Alarm 437 235 202 31 -F 2nd alarm EMS /Mass Casualty 0 0 0 35 -F Extrication 2 2 0 36 -F Water Rescue 0 0 0 37 -F Tech Rescue 0 0 0 40-1 Hazmat Investigation 12 6 6 40 -F Hazmat Full Response 0 0 0 46 -A/B Auto Accident - Unknown Injuries 109 63 46 46 -CID Auto Accident - Life Threats 8 7 1 50-S Service Call 36 26 10 MONTHLY TOTAL 1185 670 515 0 0 0 0 0 0 0 0 0 0 c Spokane Val, _,,,`re Department 2004 Response Information For City of Spokane Valley 0 SIMilan� 0 ..Valley Memorandum To: Dave Mercier, Nina Regor, Members of City Council From: Mike Jackson /4, Date: March 19, 2004 Re: Monthly Report, March 2004 Administration and Parks: 11707 E Sprague Ave Suite 106 • Spokane Valley WA 99206 509.921.1000 • Fax: 509.921.1008 • cityhallespokanevalley.org • 1 met with representatives of the Friends of Centennial Trail, Spokane County, the City of Spokane and Washington State Parks to discuss the operation of the trail. I should have information to bring forward in the near future. • The Ad -Hoc Committee met on the Senior Center issues. The issues have been identified and the committee is ready to begin addressing them. • Review of the Statements of Qualifications for the Parks and Recreation Master Plan is underway. • The restrooms at the Meadows have been opened and the waterfall at Mirabeau Springs is operating. New picnic tables are on order for Meadows and also some additional tables for other parks. • Addressing a variety of issues for CenterPlace programming. Recreation: • Implemented marketing plan for summer programs and began interviewing summer help. • flyers distributed, newspapers notified for community calendar > stuffer in Vera Water and Power bills • special insert in Spokesman Review (Valley Voice) • Continuing to update and add to web site • Continuing to represent City on "Weed and Seed" committee Senior Center: • AARP free tax aid still being offered — numbers have decreased but still average 15 - people each day • Nutrition Program feeds an average of 55 -60 on Tues and 45 -50 on Thursday • 26 new members of Senior Association