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2004, 04-27 Regular MeetingAGENDA SPOKANE VALLEY CITY COUNCIL REGULAR MEETING 'i'ucsdav, .April 27, 2004 6:00 p.m. CITY HALL AT REDWOOD PLAZA 11707 Fast Sprague Avenue, First Floor CAL!_ 1'0 ORDER Connell Requests All Electronic Devices be Turned OR During Council Meeting PLEDGE OF ALLEGIANCE INVOCATION: Pastor Bill Drupko, Greenacr s Christian Fellowship ROLL CALL APPROVAL OF AGENDA INTRODUCTION OF SPECIAL GUESTS AND PRESENTATIONS COMMITTEE, BOARD. LIAISON SUMMARY REPORTS MAYOR'S REPORT: PUBLIC COMMENTS For members of the Public to speak to the Council regarding matters NOT on the Agenda. Please state your name and address for the record and limit remarks to three minutes. 1. PUBLIC COMMtNTS: Couplet Option 2A - Neil Kersten/Stevc Worley 2. CONSENT AGENDA Consists of items considered routine which are approved as a group. A Councilmembcr may remove an item from the Consent Agenda to be considered separately. a. Approval of Regular Council Meeting Minutes of April 13, 2004 b. Approval of Claims in the amount of S177,729.15 c. Approval of April 15, 2004 payroll of 5103,702.88 NEW BUSINESS 3. Second Reading Pmposcd Ordinance 04 -001 Towing Ordinance - Cary Driskell [public comment] 4. Second Reading Proposed Ordinance 04-015 Amending 2004 Budget - Ken Thompson [public comment] 5. First Reading Proposed Grading Ordinance 04 - Tam Scholtens [public comment] 6. First Reading Proposed Ordinance 04 -017 Adopting Municipal Code - Chris Bainbndge [public comment] 7. Proposed Resolution 04-012 Designating Change Order Authority -Cary Driskell/Ncil Kersten [public comment] 8. Motion Consideration: Setting May I I, 2004 as date for Public Ilearing to Consider Adoption of Municipal Code - Chris Bainbridge [public comment] 9. Motion Consideration: Ratification of CenterPlacc Change Orders -Neil Kcrsten/Steve Worley [public comment] PUBLIC COMMENTS (Maximum of three minutes please; state your name and address for the record) Caurttil And 1)4.27.04 Regular Meeting Pate t or 2 ADMINISTRATIVE REPORTS: [no public comment] 10. Economic Development Council Presentation - Jon Eliasscn, President 1. Stormwater Swale Evaluation -Scope of Services - Neil Kcrsten 12. Report on F.astem Washington Growth Management Hearings Board Decision - Dave Mercier INFORMATION ONLY': I no public comment' 13. Status of Previous Public Comments: Sign Installation 14. Planning Commission Meeting Draft Minutes of April 8, 2004 15. Spokane County Library District March Report 16. Notes from April 20. 2004 Public Open House on Wastewater Issues 17. Departmental Monthly Reports EXECUTIVE SESSION: Personnel Matter. Employee Performance ADJOURNMENT FUTURE SCHEDULE Regular Council Meetings are generally held 2nd and 4`" Tuesday, beginning at 6:00 p.m. Council Study Sessions are generally held I f and 5th Tuesdays, beginning at 6:00 p.m. Other Upcoming Meetings/Events: May 4, 2004 - Topic on Council Study Session Agenda: OPEN PUBLIC COMATEN7S Couplet May 11, 2004 - Topic on Regular Meeting Agenda: PUBLIC HEARING: Adoption of Municipal Code June 15 -18, 2004. Association Washington Cities Conference Ocean Shores June 15, 2004 - No Council Meeting or Study Session June 26, 2004 - Half Day Council Retreat NOTICE Individuals planning to attend the meeting who require special auisancc to accommodate physical. haring. or other impairments, please contact the City Clerk at (509) 921.1000 as Joan as possible so that arrangements may be made. Council Agenda 04.21 -04 Regular Meeting Page 2of2 CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: April 27, 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: Public Comment: Couplet Option 2A GOVERNING LEGISLATION: N/A PREVIOUS COUNCIL ACTION TAKEN: At the joint Council /Planning Commission meeting on February 23, 2004 three couplet alternatives were selected for further study by Public Works staff. On April 6, 2004 the design concerns listed below on option 2A were presented to Council. BACKGROUND: At the joint City Council /Planning Commission meeting on 2/23/2004 Public Works staff presented five options for completing the couplet project. After discussing each option and based on a suggestion from one Councilmember a sixth option (2A) was added. The options were as follows: Opt 1. Transition existing Appleway back to Sprague (2 -way) east of University Opt 2. Extend existing Couplet (Appleway eastbound, Sprague westbound) to Sullivan Opt 3. Extend Appleway 2 -way east of University, leave Sprague 2 -way Opt 4. Return Sprague tot -way, change /extend Appleway to 2 -way with limited access Opt 5. Extend Appleway 1 -way east to Sullivan, existing couplet and Sprague as -is Opt 2A Extend Appleway 1 -way east to Sullivan, Sprague 1 -way west w/ frontage road east Public Works staff has developed two conceptual plans for Option 2A; a 1 -way and a 2 -way frontage road on the south side of Sprague. The frontage road is created using a landscape median to separate traffic flows. There are several engineering design challenges that would have to be considered to make Option 2A safe for traffic. Some of these challenges include: • Right turns only onto frontage road at major intersections (University, Bowdish, Pines, etc.) • Right turns only from frontage road at major intersections (no straight- through movement) • Stops along frontage road required at each mid -block intersection to allow turning movements from Sprague Avenue • Limited room for mid -block U -turns to /from frontage road (no truck U -tums allowed due to inadequate turning radius) • Limited access for large trucks to enter businesses from frontage road due to limited turning radius • Complex turning movements that may create safety concerns OPTIONS: 1) Continue developing Option 2A to address design challenges, 2) Drop Option 2A from any further consideration due to engineering challenges and risks to the public RECOMMENDED ACTION OR MOTION: Recommend Alternate 2A be dropped from further consideration due to safety concerns and engineering challenges within existing right -of -way. BUDGET /FINANCIAL IMPACTS: None STAFF CONTACT: Neil Kersten ATTACHMENTS Should it stay or it go? ‘ PITPX40.l ,yr ,t CounciI /Planning Commission, Mtge,. 2/23/2004 c5 Couplet OptionsiPr;esented; e 1 Couplet.Option, Addedi : (Option,=21.9) 453 Selected for furtherstudy 1. Transition existing •Appleway Ave. (2- way) - east;of Unlyersity 2.' 3. Extend Applevray.2- way ofrUniversity;, leave, Sprague.2 -way. 4. Return Sprague tot- way, , change /extend ',Appieway to 2 -way with.limited,access 5.' r 2A. Coupleti3Opons, Spra st:' ' w/ Frontage' Roadr,East (What does that look like?. One lane or two lane frontage road?' - How does it work? e. Can it be done safely? t Within existing Right-of-Way? (IFTLIs 1-11.41.3:02 IT gILISZVII • LOC= Kt Mil `i • OptiOn12A• Two-way Frontage Roaci - , , it 5-:-•,-,'-=',-.° 0:7:7.76;42,42. "4.4 ,*-•"-••... =int- 4:-....,Zif_'=...." r Lrft •-•-•••“:' 1 ` i 71. 4 i ''',' —^--••••;1. -: s .-, • , , ;,:r_i . i . 'k 7 4 1 . :',:: • i ,' •••■••• 4 ' ' I.: glag: ' I ! er..' ' - 4 A.' ■■ -4. .' 1 .. f ' I . . 1 . .. 2 Frontage; Roadi 6, Right turns only at' rnajpr intersections ( uidvie ,' eaWdislt„ MOOS, ; elc ) ; 4° Stops` required at mid- block intersections . . cTurning conflicts at ;mid -block intersections — .safety c eLimited room'for mid- blockU- turns ; (Truck U -turns not allowed) <- Limited access for large trucks. 3 ' -• .l l f • 1.� i 1} , N v 2 .=�c1 ° L' s: a .:a' -" • , 1 4. 1 41 1 '� :, . i^ _r-:.-7..iii a • • Concerns c May restrict access, to south' businesses 'Additional'R /W :may -he.needed for turning radiuses c No room for landscaping on north side c Not pedestrian friendly `Suggestions 4 Revise Option(2A '.. . e Drop Option 2A from 'further -: consideration c Focus effort on more cross-street access between Sprague /APpleway 4 0 :Peer i lilSj tl ej Tool lrip Activity; ']otm•PC✓CCmma7ingdol ncitin:.Corlidap alternatives ' ans m rfundarncriNd questions •Conduct= CrpmnunityiSurvey Develop ;Pmjcct'Smpc,;Cust'Estimates' and Traffic Model Community'Wlorksltrprs-on Corridor Corincil Meetings [ct,.:7ai wf;rolr fgaraho frit±y ;Nine Draft Co mp ti yAUpust,.. , Notification to TIE to accept or•recect December funds for the "Couplet Project" 20fp ACtivtty -Community frevatalunc 11 ct!inp::fdnn Plocttngs,w /SucveyiResults lO mmuntty Teleptione'3urvey_Itcsutts-„ Develop'ProjettScope, CostlEstniates and Traffic Modal Public Wor5J op on Coutdet (Optional) TMP.�ir1e� hit+n4fd, Jung, , Ji�rtll , •ofarehr Play, Tune Council Meetings - Proceed or'tiot Proceed 7uneg,Juria/Au4? Draft Comp Plan revised s Rd416 'Mtgua Complete Environmental Assessment (EA) :6 ■Months Notification to TIN accept or rFJecl DOcembor funds forth!: 'Couplet Protect" 2004 0 5 f patOpOSED Iwomage .,m„, soC710“ 0:10.111. mrr., s-rnnn •, enana 1.4e. 6 DRAFT Attendance: Councilmembers: Michael DeVleming, Mayor Diana Wilhite, Deputy Mayor Dick Denenny, Councilmember Mike Flanigan, Councilmember Richard Munson, Councilmember Gary Schimmels, Councilmember Steve Taylor, Councilmember MINUTES City of Spokane Valley City Council Regular Meeting Tuesday, April 13, 2004 Mayor DeVleming called the meeting to order at 6:00 p.m., and welcomed everyone to the meeting. Staff: Nina Regor, Deputy City Manager Stanley Schwartz, City Attorney Cary Driskell, Deputy City Attorney Ken Thompson, Finance Director Mike Jackson, Parks & Recreation Director Marina Sukup, Community Development Director Neil Kersten, Public Works Director Tom Scholtens, Building Official Kevin Snyder, Current Planning Manager Sue Pearson, Deputy City Clerk Chris Bainbridge, City Clerk PLEDGE OF ALLEGIANCE: Mayor DeVleming led the Pledge of Allegiance. INVOCATION: Pastor Barry Foster, Valleypoint at Pines gave the invocation. ROLL CALL: City Clerk Bainbridge called roll; all Councilmembers were present. APPROVAL OF AGENDA: It was moved by Councilmember Denenny and seconded by Deputy Mayor Wilhite to approve the agenda. Vote by Acclamation: In Favor: Unanimous. Opposed: None. Abstentions. None. Motion carried. COMMITTEE„ BOARD, LIAISON SUMMARY REPORTS: Councilmember Schimmels reported that he attended the Spokane Regional Transportation Committee meeting last week, that the Highway Administrator from Olympia attended and commended the works of the local committee; Councilmember Schimmels also reported that he attended the Solid Waste meeting along with representatives from Spokane County, Spokane City, and numerous cities and towns. Councilmember Taylor said that he attended the Tourism Promotion Area Steering Committee's organizational meeting last week, and that he anticipates some of what was discussed will be contained in tonight's Convention Visitor's Bureau report. Councilmember Munson explained that he attended the Central Valley School Board District meeting, where the future of the schools was discussed and that there are no plans or recommendations for any schools to close, although some boundaries might change to ensure schools are filled. Deputy Mayor Wilhite: announced she and Mayor DeVleming attended the reception for a prospective business client the EDC has been working with, and that client could potentially move into our region; she also attended the CV13 regional business meeting. Council Minutes 04 -13 -04 Page 1 of 5 Date Approved by Council: DRAFT MAYOR'S REPORT: Mayor DeVleming reported that the next "Conversation with the Community" is scheduled for tomorrow at 3:00 p.m. at the Senior Center; that one week from tonight the City's first "State of the City" address will be given at 11:30 a.m. at Decades; and that next Tuesday night there be no council meeting but there will be an open house held 6:00 p.m. at the Central Valley School District Board Boom to discuss wastewater issues. Deputy Mayor Wilhite read the "Small Business Month" Proclamation; and Mayor DeVleming read the "National Youth Service Day" proclamation, after which AmeriCorps member Andrew Green and Chase Youth Commissioner Mary Ann Almeida spoke about projects they are involved with all as part of the - recognition of National Youth Service Day. PUBLIC COMMENTS: Mayor DeVleming invited public comment for issues not on the agenda; none were offered. 1. PUBLIC WARING: Proposed 2004 Budget Amendment — Ken Thompson Mayor DeVleming opened the public hearing at 6:16 p.m. and asked Finance Director Thompson for commentary on the proposal. Director Thompson briefly went over the accompanying spreadsheet. Mayor DeVleming invited public testimony; none was offered. Mayor DeVleming closed the public hearing at 6:20 p.m. 2. SIGNAGE ISSUES — Marina Sukup Community Development Director Sukup explained that the City Council previously adopted Chapter 14.804 of the Zoning Code of Spokane County as interim signage regulations; and at the April 6 Council meeting, Council approved a phased approach to full enforcement of these sign regulations, with priority given to prohibited and abandoned signs, and signs which represent safety issues and encroach on the public right -of -way. She explained that staff was also directed to form an ad hoc committee to review these regulations; that staff advertised for committee members and those interested have completed the application form; and that she anticipates names to be forwarded in May for appointment consideration. Mayor DeVleming invited public comment. Duane Halliday, 1015 E. Cataldo: said on behalf of Lamar Outdoor Advertising, he looks forward to this process. Mike Schuler, 738 N Stone: said he is part owner of Crown Sign Service, which is an electrical sign contracting company, that he favors enforcement of the sip codes and added that we should also enforce RC \V 18.27 which states that licensed contractors must install signs, and that the City Hall sign was installed by a non - licensed contractor, Purrfect Logo. Mayor DeVleming invited further public comment; none was offered. 3. 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. NEW BUSINESS 4. Second Reading Proposed Ordinance 04 -014 Amending Ordinance 40 & 41 — Tom Scholtens After City Clerk Bainbridge read the ordinance title, it was proved by Councilmember Munson and seconded by Councilmember Denenny to approve Ordinance 04 - 014. Building Official Scholtens explained that there have been no changes since the first reading, that staff received notification from CTED that they do not need to review these codes, and we are therefore ready to move forward. Mayor Council Minutes 04-13-04 Page 2 of 5 Date Approved by Council: DRAFT DeVleming invited public comment; none was offered. Vote by Acclamation: In Favor: Unanimous. Opposed: None. Abstentions: None. Motion carried. 5. First. Reading Ordinance 04 -015 Proposed 2004 Budget Amendment — Ken Thompson After City Clerk Bainbridge read the ordinance title, it was moved by Mayor DeVleming and seconded by Councilmember Flanigan to advance Ordinance 04 -01.5 to a second reading. Director Thompson explained that this is the beginning of the process to adopt the amendment, and that he anticipates this moving forward for a second reading with no changes. Deputy City Manager Rcgor added that the finance committee is also schedule to meet tomorrow to discuss the budget •amendment. Mayor DeVleming invited public comment; none was offered. Vote by Acclamation: In Favor: Unanimous. Opposed: None. Abstentions: None. Motion carried. . 6. Proposed Resolution 04 -009 Setting Public Hearing Date for Street Vacation 0204 — Kevin Snyder After City Clerk Bainbridge read the resolution title, it was moved by Councilmember Munson and seconded by Councilmember Flanigan to approve resolution 04 -009. Current Planning Manager Snyder explained that this resolution is in response to a request for a street vacation, and that statute requires Council set a public hearing date for the matter to be heard by the Planning Commission. Mayor DeVleming invited public comment; none was offered. Vote by Acclamation: In Favor: Unanimous. Opposed: None. Abstentions: None. Motion carried. 7. Proposed Resolution 04 -010 Establishing Selected Locations for Alcohol Consumption on Park Property — Mike Jackson After City Clerk Bainbridge read the resolution title, it was moved by Mayor DeVleming and seconded by Deputy Mayor Wilhite to approve Resolution 04 -010. Parks and Recreation Director Jackson explained that Ordinance 03 -065 states that Council shall set by Resolution those areas in City -owned parks in which the City will allow the consumption of alcohol; and that following Council discussion of March 16, 2004, those areas are included in the draft resolution, Director Jackson stated he would have discretion on approval, and if such request were denied, the requestor would always have the ability to seek council review. Director Jackson stated that the reservation procedure would be fairly lengthy, and that insurance and a banquet permit would be required. Discussion turned to concern of including Mirabcau Meadows, of permitting alcohol in any parks, security issues, under -age drinking, and the desire to keep the parks' atmosphere a family atmosphere. Mayor DeVleming invited public comment. J3i11 Gothmann: said if Council's purpose is to be family friend, the best way is not to permit drinking in the parks; that indoors would be acceptable but not outside. Tony t azanis: stated concerns about keeping those people not involved in the event, from mingling with event participants and feels indoors would be acceptable, but not outside: Dick Behm, 3626 S Ridgeview: mentioned his concerns about liability issues, and of overall problems of serving alcohol in the parks. After further Council deliberation and discussion, it was moved by Councilmember Taylor and seconded by Councilmember Denenny to amend the motion to strike Section 1.B from the resolution. Mayor DeVleming invited further public comment. Bob Blum, 1272 B. 50 said he agrees with Councilmember Taylor; that CenterPlace would be reasonable but not to extend the permitted areas to other areas. Council Minutes 04-13 -04 Page 3 of 5 Date Approved by Council; DRAFT Vote by acclamation on (unending the motion: In Favor Mayor DeVleming, and Councilmembers Schimmels, Munson, Taylor, and Denenny. Opposed: Deputy Mayor Wilhite and Councilmember Flanigan. Abstentions: None. Motion carried. Original motion amended. Vote by acclamation on the amended motion; i.e., approval of resolution striking Section 1 Paragraph B: In Favor: Unanimous. Opposed: None. Abstentions: None. Motion carried. 8. Proposed Resolution 04 -011 Amending Fee Resolution — Mike Jackson After City Clerk Bainbridge read the resolution title, it was moved by Councilmember Munson and seconded by Councilmember Flanigan to approve Resolution 04 -011. Parks and Recreation Director Jackson explained that this change encompasses the $10.00 alcohol permit fee. Mayor DeVleming invited public comment; none was offered. Vote by Acclamation: In Favor: Unanimous. Opposed: None. Abstentions: None. Motion carried. 9. Motion Consideration: Approval of Economic Analysis Scope — Marina Sukup It was proved by Mayor DeVleming and seconded by Councihnernber Munson to approve the scope of work for the economic analysis for the Sprague /Appleway Couplet. Community Development Director Sukup explained that at the April 6 meeting, staff provided an update on comments received regarding the draft scope; that Dr. Jones of Eastern Washington University contacted her and expressed interest in the proposal, but said he does not have a planner or the approval yet from the business school; and that she suggests moving forward to issue an RFP next week if there is no final word from Dr. Jones by the end of the week. Director Sukup stated she would like to be able to report back to Council mid -May. In reference to council question concerning the legal requirements of advertising or seeking an RFP and/or conducting an EIS (environmental impact statement), City Attorney Schwartz explained there are three categories of products in public bidding: (1) public works, which does not apply here, (2) purchase of personal property such as fixtures, furniture, equipment, etc, which does not apply here, and (3) a services contract which is the instant case; and with respect to a services contract, bids are typically in three categories: looking for architectural or engineering services — which is not the case here; and parking management and janitorial services — which are also not included; therefore, Mr. Schwartz said he feels there is no legal requirement to bid the services contract. However, Attorney Schwartz explained that many councils do elect to go through a public bidding process in order to determine what is on the market and perhaps have a menu from which to choose. Councilmember Schimmels asked about the other universities, and Director Sukup said she received notice that Whitworth College is not in a position to assist in this proposal. Mayor DeVleming invited public comment. Frank Townberry, 1011 W. 28 Avenue: said he is employed by Farmers and Merchants Bank, and applauds the desire to move ahead with the economic analysis; but feels that the scope should be more broad than identified; also feels timing issue is driving the matter; wants to make sure scope is not limited. Ed Willett, 7216 E. le Avenue: said he doesn't understand why engineering firms couldn't do that project and feels we could get an answer quickly. Philip Rudy, 10720 E. Fruithill: said he sent a letter to council and planning commission and would like that included in this testimony [city clerk has obtained a copy of that correspondence and will include it with these original minutes]; said that the quality of traffic flow and the time of day of the traffic are very important issues as they affect the retail establishments. Dick Be1un, 3626 S Ridgeview: said he sent a four -page letter to council, which letter stated that choosing alternatives is bad policy, that we don't have a traffic study or economic analysis completed; said that Council Minutes 04 -13 -04 Daic Approved by Council: Page 4 of 5 DRAFT Eastern has never done an economic analysis and if they are reluctant to do one we should have one done �_. professionally; urged council to do it right, hire professionals, publish the RFP and get it done and work it into the city center plan and comp plan and cautioned council not to be in a rush to make a decision. Tory Lazanis: said the corridor is crucial to the valley business and people and feels it should be extended out to Pines as there is money available; wants more cross- overs; feels the issue needs Tots of planning. Mayor DeVleming invited further public comment; none was offered. Councilmember Taylor said he feels the Couplet has not significantly hurt businesses and that many other factors are being overlooked; but that it is his hope that the economic study will aid in this issue. Vote by Acclamation: In Favor: Unanimous. Opposed: None. Abstentions: None. Motion carried. Mayor DeVleming called for a recess at 7:52 p.m.; and reconvened the meeting at 8:01 p.m. 10. Motion Consideration: Authorization for .15 FTE Engineer at Grade 17 —Nina Regor . It was moved by Mayor DeVleming and seconded by Councilmember Schinnnnels to approve authorization for a .15 FTE engineer at Grade 17. Deputy City Manager Regor explained that this position represents approximately 26 hours a month of assistance for engineering; that the cost is estimated at $ 10,000, which would be offset by lowering that amount with the County engineering agreement; that the position would be a permanent part -time employee and that the FTE amount could change as needs dictate. Vote by Acclamation: In Favor: Unanimous. Opposed: None. Abstentions: None. Motion carried. 11. Motion Consideration: Sponsor of Small Business Association Celebration — Deputy Mayor Wilhite It was moved by Deputy Mayor Wilhite and seconded by Councilmember Denenny to endorse the Small Business Association's celebration and authorize the use of the City of Spokane Valley's logo. Deputy Mayor Wilhite gave a brief explanation of this year's celebration and some of the events scheduled. Vote by Acclamation: In Favor: Unanimous. Opposed: None. Abstentions: None. Motion carried. 12. Spokane Regional Convention and Visitor's Bureau Report — John Brewer Mr. Brewer showed a video depicting some highlights of the Regional Convention and Visitor's Bureau; and then discussed the highlights of the annual report and project summary. He added that this year's annual tourism awards are scheduled for May 13 at the Doubletree City Center, and that all regional Mayors will be invited to participate. 13. Essential Public Facilities interlocal Agreement — Cary Driskell/Marina Sukup Community Development Sukup showed the PowerPoint presentation (Councilmember Schimmels left the room at approximately 8:37 p.m., and returned at 8:40 p.m.] and explained the requirement for siting essential public facilities, such as a wastewater treatment facility. Deputy City Attorney Driskell explained that this issue was discussed last year and that perhaps now is the time to address this issue. it was council consensus to move forward and place this interlocal on a future council agenda. There being no further business, it was moved by Councilmember Flanigan, seconded by Councilmember Munson, and unanimously agreed upon to adjourn. The meeting adjourned at 8:42 p.m. ATTEST: Christine Bainbridge, City Clerk Michael DeVleming, Mayor Council Minutes 04 -13 -04 Page 5 of 5 Date Approved by Council: C� Meeting Date: 4 -27 -04 City Manager Sign -off: Item: Check all that apply: x consent ❑ old business ❑ new business ❑ public hearing ❑ information ❑ admin. report ❑ pending legislation AGENDA ITEM TITLE: Claims: Voucher listing total for April 13, and April 19, 2004 OPTIONS: RECOMMENDED ACTION OR MOTION: Approve claims for 4/13/04 in the amount of $ 27,287.77 Approve claims for 4/19/04 in the amount of $ 150,441.38 TOTAL CLAIMS $ 177,729.15 BUDGET /FINANCIAL IMPACTS: STAFF CONTACT: Ellen Avey ATTACHMENTS Voucher Lists CITY OF SPOKANE VALLEY Request for Council Action vchlist 04/13/2004 8:59:15AM Bank code : apbank Voucher 4608 4609 4610 4611 4612 4613 4614 4615 4616 4617 Date Vendor 4/12/2004 000001 SPOKANE COUNTY TREASURER 4/12/2004 000461 EAGLE PRECAST CO. 4/12/2004 000478 ENERGIZED ELECTRIC 4/9/2004 000197 AIR 4/9/2004 000277 ASSOC. OF WA CITIES 4/9/2004 000030 4/9/2004 000173 4/9/2004 000480 4/9/2004 000109 4/9/2004 000035 AVISTA UTILITIES BINGAMAN, GREG BUILDING ASSOC. OF WA COFFEE SYSTEMS INC CORPORATE EXPRESS Invoice BRB4 /04 030804 40804 63926 2004AWC LRI Mirabeau 040504 BIAW 19605 50917692 51138361 Voucher List Spokane Valley 4618 4/9/2004 000028 FARMERS & MERCHANTS BANK 5094 -Mar04 5151 - Feb -Mar04 PO # 40110 40100 40103 Description /Account FILING FEES DEPOSIT REFUND DEPOSIT REFUND REGISTRATIONS REGISTRATION Total : Total : Total : EMPLOYEE BACKGROUND CHE Total : Total : STREET LIGHTING POWER Total : EXPENSE REIMBURSEMENT Total : REGISTRATION COFFEE OFFICE SUPPLIES OFFICE SUPPLIES 4619 4/9/2004 000287 FRIENDS OF THE, CENTENNIAL TRA 001 TOURISM PROMOTION Total : Total : Total : CREDIT CARD PAYMENT CREDIT CARD PAYMENT Total : Page: 1 Page: 1 Amount 500.00 500.00 150.00 150.00 150.00 150.00 75.00 75.00 1,620.00 25.00 1,645.00 2,322.51 2,322.51 107.81 107.81 225.00 225.00 137.80 137.80 58.66 264.23 322.89 521.26 541.05 1,062.31 2,000.00 \J vchlist 04/13/2004 8:59:15AM Bank code: apbank Voucher Date Vendor Invoice 4619 4/9/2004 000287 000287 FRIENDS OF THE, CENTENNIAL (Continued) 4620 4/9/2004 000332 GAYLORD BROS. INC 568488 4621 4/9/2004 000171 GEIGER CORRECTIONS CENTER March2004 4622 4/9/2004 000481 GLENROSE PLUMBING & HEATING 40804 4623 4/9/2004 000002 H & H BUSINESS SYSTEMS 4012004 4624 4/9/2004 000441 HOME DEPOT COMMERCIAL CREDI 95628492 4625 4/9/2004 000259 HUMANIX 4626 4/9/2004 000022 INLAND BUSINESS PRODUCTS, INC 50885 4627 4/9/2004 000070 INLAND POWER AND LIGHT CO March2004 4628 4/9/2004 000388 IRVIN WATER DIST. #6 March04 4629 4/9/2004 000117 JOURNAL NEWS PUBLISHING 20109 4630 4/9/2004 000258 MICROFLEX INC. 00014890 4631 4/9/2004 000239 NORTHWEST BUSINESS STAMP 48285 4632 4/9/2004 000290 NORTHWEST MAP SERVICE 1583 Voucher List Spokane Valley 137303/137144/136988 PO # 40090 40066 40106 40029 Description /Account OFFICE SUPPLIES GEIGER CORRECTIONS CONTR Total : Total : Total : Total : Total : Total : DEPOSIT REFUND COPY EQUIPMENT LEASE FLASHLIGHT TEMP LABOR EMPLOYEE ID BADGE STREET LIGHTING /SIGNAL POW Total : WATER UTILITY CHARGE DISPLAY AD OFFICE SUPPLIES ATLAS Total : Total : Total : Total : BUSINESS REGISTRATION SERI Total : Total : Page: 2 Amount 2,000.00 50.74 50.74 9,240.10 9,240.10 150.00 150.00 201.04 201.04 25.73 25.73 418.78 418.78 17.30 17.30 367.36 367.36 147.42 147.42 194.00 194.00 5,094.13 5,094.13 42.05 42.05 128.26 Page: 2 vchlist 04/13/2004 8:59:15AM Bank code : apbank Voucher 4632 4633 4634 4635 4636 4637 4638 4639 Date Vendor 4/9/2004 000290 000290 NORTHWEST MAP SERVICE (Continued) 4/9/2004 000036 OFFICE DEPOT 242700863 4/9/2004 000475 PV PRIMARY/ URGENT CARE CLINI 30354 419/2004 000172 4/9/2004 000093 4/9/2004 000129 4/9/2004 000479 4/9/2004 000089 32 Vouchers in this report SPOKANE COUNTY ENGINEER THE SPOKESMAN- REVIEW WRPA WSAP CONVENTION XO COMMUNICATIONS 32 Vouchers for bank code : apbank I, the undersigned, do oertity 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 Invoice Voucher List Spokane Valley PO # 40112 Description /Account OFFICE SUPPLIES Total : Total : EMPLOYEE LAB SCREENING Total : 15727 SPOKANE COUNTY ROW PERM Total : 32704 40095 DISPLAY AD 33104 EMPLOYMENT ADVERTISEMEN Total : 4/27 -30/04 4/16 -17/04 March 2004 REGISTRATIONS REGISTRATION Total : Total : TELEPHONE/DSL SERVICE Total : Bank total : Total vouchers : Page: 3 Amount 128.26 56.91 56.91 86.00 86.00 193.83 193.83 399.00 113.58 512.58 200.00 200.00 64.00 64.00 1,399.22 1,399.22 27,287.77 27,287.77 Page: 3 vchlist 04119/2004 4:25:34PM Bank code : apbank Voucher Date Vendor 4648 4/16/2004 000037 AMERICAN LINEN 376058 4649 4/16/2004 000030 AVISTA UTILITIES March 2004 4650 4/16/2004 000271 BAINBRIDGE, CHRISTINE CB -41604 4651 4/16/2004 000142 BIG LOTS 1000 105501 4652 4/16/2004 000109 COFFEE SYSTEMS INC 19982 4653 4/16/2004 000035 CORPORATE EXPRESS 51234697 4654 4/16/2004 000060 DENENNY, RICHARD DD -3/04 4655 4/16/2004 000059 DEVLEMING, MICHAEL MD -3/04 4656 4/16/2004 000028 FARMERS & MERCHANTS BANK 1563/Feb04 4657 4/16/2004 000072 FLANIGAN, MIKE MF -3/04 4658 4/16/2004 000002 H & H BUSINESS SYSTEMS 118712 118745 118746 118956 161600 Voucher List Page: 1 Spokane Valley Invoice PO # Description /Account Amount 40111 FLOOR MAT SERVICE DAY CAMP SUPPLIES COFFEE OFFICE SUPPLIES Total : STREET LIGHTING /SIGNAL POW Total : EXPENSE REIMBURSEMENT Total : Total : Total : Total : CELL PHONE ALLOWANCE Total : CELL PHONE ALLOWANCE Total : CREDIT CARD PAYMENT Total : CELL PHONE ALLOWANCE Total : COPY CHARGES COPY CHARGES COPY CHARGES COPY CHARGES FAX TONER Total : 67.47 67.47 16,297.73 16,297.73 21 0.57 210.57 198.53 198.53 59.45 59.45 39.10 39.10 35.00 35.00 35.00 35.00 27.67 27.67 35.00 35.00 322.51 279.37 70.01 39.61 91.76 803.26 Page: 1 vchlist 04/19/2004 4:25:34PM Bank code : apbank Voucher Date Vendor 4660 4/16/2004 000117 JOURNAL NEWS PUBLISHING 4661 4/16/2004 000010 KINKO'S INC. 4662 4/16/2004 000164 LABOR & INDUSTRIES 4663 4/16/2004 000033 MCPC 4664 4/16/2004 000062 MUNSON, RICHARD 4665 4/16/2004 000013 NEOPOST, INC. 4667 4/16/2004 000036' OFFICE DEPOT Invoice 4659 4/16/2004 000288 INTERNATIONAL CODE COUNCIL 0762769 24060 LEGAL PUBLICATION 24061 LEGAL PUBLICATION 24062 LEGAL NOTICE 24063 LEGAL PUBLICATION 24064 LEGAL PUBLICATION 24065 LEGAL PUBLICATION 24109 LEGAL PUBLICATION 24131 LEGAL PUBLICATION 63754 CLASSIFIED ADVERTISEMENT Total : 1075249 041604 4532189 RM -3/04 41678193 4666 4/16/2004 000469 NORTHWEST PLAYGROUND EQUIP 24489 Voucher List Spokane Valley 0966 -9367 242700896 PO # 40104 40105 40098 40112 Description /Account PUBLICATIONS LAMINATING L &I CHARGES OFFICE SUPPLIES Total : Total : Total : Total : CELL PHONE ALLOWANCE Total : POSTAGE METER RENTAL PICNIC TABLES OFFICE SUPPLIES OFFICE SUPPLIES 4668 4/16/2004 000307 OFFICE OF THE STATE TREASURE March 2004 STATE REMITTANCES Total : Total : Total : Page: 2 Amount 369.66 369.66 45.00 39.75 40.50 105.75 86.25 39.75 73.80 68.25 22.95 522.00 35.67 35.67 26.74 26.74 246.27 246.27 35.00 35.00 311.33 311.33 30,457.20 30,457.20 7.34 103.25 110.59 64,776.95 page: 2 Voucher 4671 4672 4673 4674 4675 4676 4677 4678 4679 vchlist 04/19/2004 4:25:34PM Bank code : apbank Date Vendor 4670 4116/2004 000341 RICOH CORPORATION 4/16/2004 000202 SCAPCA 4/16/2004 000064 SCHIMMELS, GARY 4/16/2004 000467 SIRENNET.COM INC. Invoice 4668 4/16/2004 000307 000307 OFFICE OF THE STATE TREASU (Continued) 4669 4/16/2004 000024 RESOURCE COMPUTING INC. 36297 04054721500 04054722026 04054745569 2510 GS -3/04 0021393 -IN 4/16/2004 000308 SPOKANE COUNTY PROSECUTING, March04 4/16/2004 000001 SPOKANE COUNTY TREASURER 4/16/2004 000323 SPOKANE COUNTY UTILITIES 4/16/2004 000063 TAYLOR, STEVE 4/16/2004 000025 UNISOURCE CORPORATION Voucner List Spokane Valley 45174 -9059 March 2004 4/16/2004 000407 SPOKANE VALLEY JUNIOR, SOCCE 40804 ST -3104 21161020 657 21163910 PO # 40109 40115 Description /Account IT TECH SUPPORT LABOR COPY EQUIPMENT LEASE COPY EQUIPMENT LEASE COPY EQUIPMENT LEASE SCAPCA FEE CELL PHONE ALLOWANCE Total : FREIGHT CRIME VICTIMS COMPENSATIO Total : PROPERTY TAX; PARKS TOURISM PROMOTION OFFICE SUPPLIES PAPER Total : Total : Total : Total : Total : Total : WATER UTILITY CHARGES Total : Total : CELL PHONE ALLOWANCE Total : Total : Page: 3 Amount 64,776.95 162.15 162.15 245.39 410.78 237.82 893.99 28,736.50 28,736.50 35.00 35.00 1 3.75 13.75 . 907.28 907.28 66.20 66.20 909.00 909.00 3,547.90 3,547.90 35.00 35.00 145.51 192.96 338.47 Page: 3 vchlist 0411912004 4:25:34PM Bank code : apbank Voucher List Page: 4 Spokane Valley Voucher Date Vendor Invoice PO # Description /Account Amount 4680 4/16/2004 000140 WALT'S MAILING SERVICE 55046 40096 MAILING SERVICES 60.95 Total : 60.95 4681 4/16/2004 000061 WILHITE, DIANA DW -3/04 CELL PHONE ALLOWANCE 35.00 Total : 35.00 34 Vouchers for bank code : apbank 34 Vouchers in this report I, the undersigned, do certify under penalty of perjury, that the materials have been fumished, 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 ceilify to said claim. Finance Director Date Bank total : Total vouchers : 150,441.38 150,441.38 Meeting Date: 4 City Manager Sign -off: Item: Check all that apply: x consent ❑ old business ❑ new business ❑ public hearing ❑ information ❑ admin. report ❑ pending legislation AGENDA ITEM TITLE : Payroll for Period Ending April 15, 2004 GOVERNING LEGISLATION: PREVIOUS COUNCIL ACTION TAKEN: BACKGROUND: OPTIONS: RECOMMENDED ACTION OR MOTION: ATTACHMENTS CITY OF SPOKANE VALLEY Request for Council Action BUDGET /FINANCIAL IMPACTS: Payroll for period ending 04- 15 -04: Salary: $ 93,706.39 Benefits: $ 9.996.49 $103,702.88 STAFF CONTACT: Daniel Cenis /Courtney Moore CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: April 27, 2004 City Manager Sign -off: Item: Check all that apply: ❑ consent X old business 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 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. There have been study sessions and administrative reports, as well as several attempts at second reading since the first reading. BACKGROUND: Staff and members of the towing community, from both inside our city limits and outside the limits, have been meeting to discuss the various issues raised at the last public meeting on this topic. The issues that arose at the meeting on March 23 can be summarized as follows: 1. The towers expressed concern about having to do junk vehicle tows for free as one of the requirements for getting on the police tow list. In talking to Russ Spalding from Spalding's Auto Parts, and the towers, we have arrived at an acceptable solution. I removed the requirement of signing a contract to do junk tows from this Ordinance. Instead, the junk vehicle tows will.be taken care of separately. On voluntary junk vehicle tows (one's where Code Enforcement gets the property owner to agree to remove the car either informally or through voluntary compliance agreement), Code Enforcement will give the property owner a business card from all licensed facilities that can crush and recycle the cars in Spokane Valley, with instructions to call and have the vehicle removed. Once the call is made to have it removed, it becomes a matter of private contract and the City is not involved. By way of explanation, Spaldings stated it would pay the towers $25 or $30 for the tow, Spaldings will crush or part out nearly all such vehicles, but will also generally be able to give the car owner a small amount of cash if the car has a little value. On court- ordered tows, we will have a contract with Spaldings to take care of those at no cost to the City. Spaldings will then pay the tower to do the tow, and keep the vehicle for salvage or crushing. 2. There was a remaining issue on insurance. The towers accept the requirement for $1 million in insurance, but requested clarification for on -hook insurance and for garage- keepers. Both of those amounts should be at $50,000. I had previously checked on this with an insurance agent specializing in tow insurance: The answer he provided (that the Ordinance does not have to be specific on this issue) differs on this matter from what the towers are saying (that the lower limits for on -hook and garage- keeper insurance should be spelled out), but there is no reason not to put in the specificity requested by the towers. The draft reflects that in Section 5. 3. Section 10(A)(13) was deleted as it was inconsistent with Section 13. 4. Section 6(A)(1) and (7) were changed to include language that a tow operator could have their registration revoked if they "knew or reasonably should have known" that a driver was operating a truck without the necessary license, or was operating a truck while intoxicated. 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 Attomey ATTACHMENTS: (1) Copy of draft ordinance for proposed adoption Proposed towine ordinance — C. Driskcll Draft 9, April 27, 2004 AN ORDINANCE OF THE CITY OF SPOKANE VALLEY, WASHINGTON, ESTABLISHING POLICE - INITIATED IMPOUND TOWING REGULATIONS FOR THE CITY OF SPOKANE' VALLEY. WHEREAS, RCVS' 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. CITY OF SPOKANE VALLEY SPOKANE COUNTY WASHINGTON ORDINANCE NO. 04-001 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 police- initiated impounds. 4. "impound" means the taking ofa vehicle into legal custody, pursuant to law. 5. "police" means any authorized agent of the City of Spokane Valley Police Department or other law enforcement agency having jurisdiction. 6. "police department" means the City of Spokane Valley Police Department. Ordinance 04 -001 Towing Page 1 of 11 Proposed towing ordinance — C. Driskell Draft 9, April 27, 2004 7. "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. 8. "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. 9. "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) 10. "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 Dept. 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 Chief of Police shall determine whether all requirements have been met and information furnished as required by the provisions of this Ordinance. All equipment, master log, files and any other paperwork 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, on hook coverage of not less than fifty thousand dollars, and fifty thousand dollars of garage keepers coverage for vehicles in the custody of the Ordinance 04 -001 Towing Page 2 of 11 Proposed towing ordinance — C. Driskcll Draft 9, April 27, 2004 operator until it is redeemed or sold. 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. Section 6. Registration Suspension and Revocation. A. A tow operator's registration with the City shall 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 the tow operator knows or reasonably should have known does not have 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. Knowingly 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 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. 13. "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, Ordinance 04 -001 Towing Page 3 of 11 Proposed towing ordinance — C. Driskell Draft 9, April 27, 2004 but must comply with all conditions of revocation including reapplying for a new registration. C. When 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 pre - suspension/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; 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 immediately 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 Ordinance 04 -001 Towing Page 4 of 11 Proposed towinc ordinance — C. Driskell Draft 9, April 27, 2004 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 performing police- initiated impounds 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 qualify 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: 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. 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 Ordinance 04-001 Towing Page 5 of 11 Proposed towing ordinance — C. Driskell Draft 9, April 27, 2004 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 B of this section shall be distributed on a rotation basis among qualified class A City- authorized towers. 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. L. 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; 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 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; Ordinance 04 -001 Towing Page 6 of 11 Proposed towing ordinance — C. Driskell Draft 9, April 27, 2004 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, 13 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 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 B type tows, the operator shall file a rate sheet that specifies the rates charged for the different types of tows; Ordinance 04 -001 Towing Page 7 of 11 Proposed towing ordinance — C. Driskell Draft 9, April 27, 2004 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. 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; 14. 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; 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; 21. Specific operating restrictions and/or requirements, by truck class, are as follows: 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 Ordinance 04 -001 Towing Page 8 of 1 1 Proposed towing ordinance — C. Driskcll Draft 9, April 27, 2004 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 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 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 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. Ordinance 04 -001 Towing Page 9 of 11 Proposed towing ordinance — C. Driskell Draft 9, April 27, 2004 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 police. 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 tow 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. Section 15. 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 as adopted or hereafter amended. 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. Ordinance 04 -001 Towing Page 10 of 11 Proposed towing ordinance— C. Driskell Draft 9, April 27, 2004 ATTEST: Approved this day of April, 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 -001 Towing Page 11 of 11 CITY OF SPOKA.NE VALLEY Request for Council Action Meeting Date: 04 -27 -2004 City Manager Sign -off: Item: Check all that apply: ❑ consent • old business ❑ new business 0 public hearing ❑ information ❑ admin. report ❑ pending legislation AGENDA ITEM TITLE: Second Reading of Proposed Ordinance to Amend the 2004 Budget GOV.IRNI:NG LEGISLATION: State law requires an amendment to our budget when we believe we will exceed our budget appropriations. .PREVIOUS COUNCIL ACTION TAKEN: The City budget for 2004 was adopted in December of 2003. At the 04 -06 -2004 Council meeting staffwas directed to proceed with a public hearing on the proposed 2004 budget amendments. On 04 -13 -2004, the public hearing was held and the first reading of the proposed budget amendment was made. BACKGROUND: Amendments to the 2004 budget are needed to pay for tourism promotion and capital projects which were budgeted in 2003 but not fully completed until 2004. Several street capital projects, funded by grant proceeds, need to be budgeted for 2004 as well. Staff would also like to appropriate 515,000 in the Equipment Rental & Replacement Fund. This vehicle purchase was budgeted in the General Fund in error when the budget was prepared. Staff has also added 5500 for Student Advisory Council approved by Council on 03/30/04. These costs will be paid by existing fund balances, transfers from other funds, a small amount of unexpected sales tax dollars and grant proceeds. Staff will also be adjusting General Fund revenues (specifically property taxes and sales tax) and expenditures (revenue adjustment, service level stabilization and contingency).to more closely reflect current experience. Attached are revised pages 21 & 49 of the 2004 General Fund budget so you are able to see where the changes affect our General Fund budget. The Finance Committee met the week of 04 -12 -04 to review these adjustments. OPTIONS: Amending the budget is the only real option. The City could decide not to make these corrections to the budget, but the construction and tourism promotion costs will still be incurred due to prior obligations. RECOMMENDED ACTION OR MOTION: A motion to approve Ordinance 04 -015. BUDGET/FINANCIAL IMPACTS: Passage of this ordinance will provide the budget authorization to move ahead with tourism promotion expenditures and street capital project; carried over from 2003, street projects funded with grant proceeds and an adjustment to the Equipment Rental & Replacement Fund for a code enforcement vehicle budgeted originally in the General .Fund. STAFF CONTACT: Ken Thompson, Finance Director Project Name General Fund: Reserve for Revenue Adjustments $ Reserve for Service Level Stabilization Contingency Reserve Student Advisory Council Total General Fund Hotel't1otel Fund: • SCVB SRSC SV Soccer SV YMCA Spokane County Fair Valley Fest SV Heritage Museum Total Hotel /Motel Fund Sowor Fund: Hillview Acres Sewer Paveback Pinecrott/Manstietd Sewer Paveback Harrington Sewer Paveback Total Sewer Fund CD Block Grant Fund WeathenvoodtOwens (STEP) $ Carnahan (STEP) Total CD Block Grant Fund Capital Grants Fund Barker Road Reconstruction 24111 Avenue Project Total Capital Grants Fund 2003 Appropriation $ 83,700.00 $ 16,168.79 $ 67,531.21 52,200.00 52,200.00 24,800.00 5.422.36 19,377.64 18,000.00 - 18,000.00 17,500.00 - 17,500.00 2,800.00 2,800.00 1,000.00 1,000.00 200,000.00 25,391.15 174,608.85 $ 480,000.00 $ 423,729.60 $ 56,270.40 200,000.00 59,666.28 140,333.72 279,000.00 236,997.00 42,003.00 959,000.00 720,392.88 238,607.12 5 Barker Road Bridge Recon. Fund Barker Road Bridge Reconstruction $ ER&R Fund Capital Outlay - Code Enf. Vehicle $ Total ER&R Fund City of Spokane Valloy Exhibit A 2003 Actual Exponditures 5 $ $ $ 2003 Remaining Budget 2004 Budget Amendment S (1,007,161) (100,000) (195,000) 500 $ (1,301,661.00) $ 67,531.00 52,200.00 19,378.00 18,000.00 17,500.00 1 2 174,609.00 © Fund Balance 238,607.12 CI Sewer Fund Balance S 394,000.00 Street Bond and Bleck Grant Proceeds 110,000.00 Street Bond and Block Grant Proceeds 504,000.00 Q $ 639,000.00 TIB Grant 8 Transfers from Arterial Street Fund 198,000.00 TIB Grant 8 Transfers from Arterial Street Fund 837,000.00 $ 702,000.00 © BRAG Grant Proceeds Funding Sourco Sales Tax Revenues $ $ 15,000.00 13 Interfund Transfer - General Fund (Already Budgeted) Budgeted originally in wrong fund 0 General Fund Rovonues Property Tax Property Tax - City Leasehold Excise TAx Franchise Fees City of Spokane Valley 2004 Budget Dotall Revenues by Typo Sales Taxes Sales Tax 10,800,000 Sales Tax - Criminal Justice 920,000 11,720,000 Gentling Taxes Punch Boards & Pull Tabs 110,000 Bingo & Raffles 30,000 Card Games 550,000 690,000 Recreation Program Charges Activity Fees (To use a recreational facility) Program Fees (To participate in a program) Total General Fund Revenue S 10,710,000 $ 9,265,809 5,000 640,000 State Shared Revenues MVET Criminal Justice - Population 11,100 Criminal Justice Area #1 14,134 Criminal Justice Area #2 20,191 Criminal Justice Area #3 20,191 Criminal Justice Area #4 17,200 DUI - Cities 12.000 Liquor Board Excise Tax 296,000 Liquor Board Profits 492,000 882,816 Service Revenues Building Permits 506,000 Plumbing Permits 34,000 Grading Permits 7,000 Mechanical Permits 34,000 Demolition Permits 1,000 Misc. Permits & Fees 160,000 Plans Check Fees 197,000 939,000 Fines and Forfeiture;{ Fines & Forfeits - Traffic 150,000 Other Criminal Non- Traffic Fines 250,000 400,000 9.000 220.000 229,000 Investment Interest Investment Interest 6,000 Sales Tax Interest 6,000 Property Tax Interest 6,000 18,000 Transfers Transfer from Street Fund 42,500 Transfer from Capital Projects 80,000 122,500 11,000,000 S- 2€,,35€,316 $ 25,112.125 Fund: 001 Dept: 090 General Fund General Government 2004 Budget General Government The General Government Department comprises activities that encompass services to multiple departments. Included in this department are the costs of city hall and related utilities, manage- ment information services, insurance costs, miscellaneous city intergovernmental costs and capital equipment costs that benefit more than one department. In 2004, the General Fund is scheduled to repay $800,000 of outstanding debt. Detail Budget General Citywide Costs Accounting & Audit Services $ 35,000 Software Maintenance 35,000 Election Costs 50,000 Forms 15,000 Advertising 21,550 Employee Recognition & Safety Program 3,000 Web Page 10,000 Telephone /DSL Charges 20,000 IT Consulting 60,000 Permitting Software 60,000 Miscellaneous 20,000 Interfund Interfund Loan Interest 75,000 Interfund Risk Management Payment 130,000 Operating Transfer - Loan Repayment 800,000 Facilities Facility Repairs & Maintenance 1,500 Miscellaneous Building Maintenance 5,000 City Hall Leasing Costs: City Hall Rent 220,683 Leasehold Improvements 88,745 Storage Space & Parking 3,000 Outside Services Memberships - SRTC 42,500 Alcohol Treatment 15,800 Spokane County Air Pollution Authority 115,000 City Economic Development 10,000 Cable Franchise Negotiations 50,000 Requests from Outside Agencies 100,000 Contingency & Reserves Reserve for Revenue Adjustments -147-0464 463,300 Operating Reserve - Mirabeau Project 300,000 Service. Level Stabilization Reserve 300,000 200,000 Contingency 695,000 500,000 49 5 '1,752,239 $ 3,450,078 DRAFT CITY OF SPOKANE VAI 3.F,Y SPOKANE COUNTY, WASHINGTON ORDTNANCE NO. 04 -015 AN ORDINANCE AMENDING ORDINANCE NO. 03 -096 PASSED BY THE CITY COUNCIL ON DECEMBER 2, 2003 AND ENTITLED "AN ORDINANCE OF THE CITY OF SPOKANE VALLEY, WASHINGTON, ADOPTING A BUDGET FOR THE PERIOD JANUARY 1, 2004 THROUGH DECEMBER 31, 2004 APPROPRIATING FUNDS AND ESTABLISHING SALARY SCHEDULES FOR ESTABLISHED POSITIONS." WHEREAS, subsequent to the adoption of the annual budget, it has become necessary to snake changes by adding appropriations and creating funds in order to properly perform various City functions, services and activities; WHEREAS, the budget changes set forth in this Ordinance could not have been reasonably anticipated or known when the annual budget was passed by the City Council; and WHEREAS, the City Council has determined that the best interests of the City are served by amending the adopted budget as set forth herein. follows: NOW THEREFORE, The City Council of the City of Spokane Valley, Washington do ordain as Section 1.. Budget Amendment. The Budget for the year ending December 31, 2004, and each item, appropriation, and fund are hereby revised as follows. The following budget amendments are made: A. The General Fund of the 2004 budget is amended to provide for a reduction in appropriations in the amount of $1,301,661 to more closely reflect current conditions. B. The Hotel/Motel Fund of the 2004 budget is amended to provide for an additional appropriation in the amount of 5175,000 funded through unrestricted fund balance. C. There is hereby established in the City treasury a fund known and designated as the "Community Development Block Grant Fund" for the purpose of accounting for revenues and expenditures related to Block Grant proceeds as specified by Title I of the Housing and Community Development Grant Program of 1974. The 2004 City budget is amended to provide an appropriation in the amount of 5504,000 funded through Community Development:Block Grant proceeds. D. There is hereby established in the City treasury a fund known and designated as the "Capital Grants Fund" for the purpose of accounting for revenues and expenditures related to Capital Grant proceeds. The 2004 City budget is amended to provide an appropriation in the amount of 5837,000 funded through TIB Grant proceeds and transfers from Arterial Street Fund. Ordinance 04 -015 Budget 2004 Amendment Page 1 of 3 1. General $26,356,316 (1,301,661) 525,054,655 2. Street 3,773,184 -0- 3,773,184 3. Arterial Street 600,000 0 600,000 4. Trails R. Paths -0- -0- -0- 5. Hotel /Motel 300,000 175,000 475,000 6. Debt Service LTGO 03 800,000 -0- 800,000 7. Capital Projects 180,000 -0- 180,000 8. Special Capital Projects 300,000 -0- 300,000 9. Street Capital Projects 3,219,700 -0- 3,219,700 10. Mirabeau Point Pro'ect 9,500,000 2,430,000 -0- -0- 9,500,000 2,430,000 11. Street Bond Projects 12. CD Block Grant -0- 504,000 504,000 13. Capital Grants -0- 837,000 837,000 14. Barker Bridge Reconstruction -0- 702,000 702,000 15. Sewer Fund -0- 238,608 238,608 16. Stormwater Management 518,700 -0- 518,700 17. Equipment R & R 28,600 15,000 43,600 18. .Risk Management 137,500 -0- 137,500 TOTAL 548,144,000 51,169,947 $49,313,947 DRAFT E. There is hereby established in the City treasury a fund known and designated as the "Barker Road Bridge Reconstruction — Federal Grant Fund" for the purpose of accounting for revenues and expenditures related to BRAC Grant proceeds. The 2004 City budget is amended to provide an appropriation in the amount of $702,000 funded through BRAC Grant proceeds. F. The Sewer Fund of the 2004 budget is amended to provide for an additional appropriation in the amount of $238,608 funded through unrestricted fund balance. G. The Equipment Replacement & Repair Fund of the 2004 budget is amended to provide for an additional appropriation in the amount of $15,000 funded through a transfer from the General Fund. For purposes of these budget amendments, Exhibit "A" is attached hereto and incorporated by this reference as though set forth in full. Section 2. Funds Appropriated. To facilitate the above budget amendments from estimated revenues, including beginning fund balances for each separate fund, the appropriations and the aggregate total for all funds combined for the period January 1 through December 31 are set forth in summary form. FU D BEGINNING APPROPRIATION AMOUNT OF CHANGE AMENDED APPROPRIATI Section 3. Severability. If any section, sentence, clause or phrase of this Ordinance should be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of any other section, sentence, clause or phrase of this Ordinance. Ordinance 04 -015 Budget 2004 Amendment Page 2 of 3 DRAFT 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. Passed by the City Council of the City of Spokane Valley this A'I I EST: Christine Bainbridge, City Clerk APPROVED AS TO FORM: Cary Driskcll, Deputy City Attorney Date of Publication: Effective Date: Michael DeVleming, Mayor day of 2004. Ordinance 04 -015 Budget 2004 Amendment Page 3 of 3 Project Name Sower Fund: HilIview Acres Sewer Pavebac1 Pinecrofl/Mansfieki Sewer Paveback Harrington Sewer Paveback Total Sewer Fund CD Block Grant Fund Weathe,woodfOweens (STEP) Camahan (STEP) Total CD Block Grant Fund Capital Grants Fund Barker Road Reconstruction 2411i Avenue Project Total Capital Grants Fund ER &R Fund Capital Outlay - Code Ent, Vehicle $ Total ER &R Fund City of Spokane Valley Exhibit A 2003 2003 2004 2003 Actual Remaining Budget Funding Appropriation ,penditures Budget Amendment Source General Fund: Reserve for Revenue Adjustments $ - 5 - $ - $ (1,007,161) Reserve for Service Level Stabilization (100,000) Contingency Reserve (195,000) Student Advisory Council 500 Sales Tax Revenues Total General Fund 5(1,301.661.00) Hotel /Motel Fund: SCVB S 83,700.00 $ 16,168.79 $ 67,531.21 $ 67,531.00 SRSC 52,200.00 52,200.00 52,200.00 SV Soccer 24,600.00 5,422.36 19,377.64 19.378.00 SV YMCA 18,000.00 - 18,000.00 18,000.00 Spokane County Fair 17,500.00 - 17,500.00 17,500.00 Valley Fest 2,800.00 2,800.00 - - SV Heritage Museum 1,000.00 1,000.00 Total Hotel /Motel Fund 200,000.00 25,391.15 174,608.85 174,609.00 Fund Balance $ 480,000.00 S 423,729.60 $ 56,270.40 200,000.00 59,666.28 140,333.72 279,000.00 236,997.00 42,003.00 959,000.00 720,392.88 238,607.12 238,607.12 Sewer Fund Balance $ $ $ $ 394,000.00 Street Bond and Block Giant Proceeds 110,000.00 Street Bond and Block Grant Proceeds 504,000.00 $ $ $ $ 639,000.00 TIB Grant & Transfers from Arterial Street Fund 198,000.00 TIB Grant & Transfers from Arterial Street Fund Barker Road Bridge Recoil. Fund Barker Road Bridge Reconstruction $ $ S S 702,000.00 BRAC Grant Proceeds $ 837,000.00 $ $ 15,000.00 Interfurtd Transfer - General Fund (Already Budgeted) Budgeted originally in wrong fund Meeting Date: 27 April 2004 Item: Check all that apply: AGENDA ITEM TITLE : First Reading of Proposed Grading Ordinance GOVERNING LEGISLATION: RCW 35A.11.020 / City of Spokane Valley Ord. #40. PREVIOUS COUNCIL ACTION TAKEN: Spokane Valley Ordinance #40 — Fees for grading are included in the Master Fee Schedule. BACKGROUND: The 1997 Edition of the Uniform Building Code contained Appendix Chapter 33 to promote regulation of grading, excavation and fill work. Appendices are required to be specifically adopted by local ordinance to be in effect and enforced. Spokane Valley did not adopt this Appendix Chapter in the original Building Code Ordinances, although Ordinance #40 Section 8 did amend that Appendix Chapter. Provisions for grading and excavation are not included in the International Codes, however. The proposed ordinance updates Testing Standards, provides new definitions and has been reorganized into a better working document to enable adequate preparation of building sites, parking lots and earthen berms. This ordinance complements our Storm Water and Flood Plain Ordinances as well as detailing criteria for subdivision development and fire department access on private property. The Department of Community Trade and Economic Development (DCTED) has offered no comment. The proposed ordinance was recommended for approval by the Planning Commission following a Public Hearing held on April 8, 2004. The proposed ordinance is supported by the Spokane Valley Departments of Public Works and Community Development. OPTIONS: Approve, revise or disapprove. BUDGET /FINANCIAL IMPACTS: None. CITY OF SPOKANE VALLEY Request for Council Action RECOMMENDED ACTION OR MOTION: Motion to advance the ordinance to a second reading. STAFF CONTACT: Tom Scholtens, Spokane Valley Building Attachment: Draft Grading and Excavation Ordinance City Manager Sign -off: ❑ consent ❑ old business ►'4 new business ❑ public hearing ❑ information ❑ admin. report ® pending legislation draft WHEREAS, the Legislature of the State of Washington has delegated the responsibility to local governmental units to adopt regulations designed to promote the public health, safety, and general welfare of its citizenry; and and, CITY OF SPOKANE VALLEY SPOKANE COUNTY, WASHINGTON ORDINANCE NO. 04 -016 AN ORDINANCE OF TIME CITY OF SPOKANE VALLEY, SPOKANE COUNTY, WASHINGTON, ESTABLISHING 9.05 OF THE SPOKANE VALLEY UNIFORM DEVELOPMENT CODE CLEARING ANi) GRADING; REPEALING ORDINANCES IN CONFLICT; ESTABLISHING PENALTIES FOR NON- COMPLIANCE; AND PROVIDING FOR SEVERABILITY AND EFFECTIVE DATE. WHEREAS, regulating Excavation, Fill and Grading activities is one of those responsibilities; WHEREAS, the Spokane Valley Uniform Development Code has been designated as the document intended to contain development regulations for the City; NOW, THEREFORE, the City Council of the City of Spokane Valley, Washington, ordains as follows: Section 1. Section 9.05. of the Spokane Valley Uniform Development Code is hereby established to read as follows: Section 9.05. Excavation, Fill and Grading Section 9.05.01. Purpose a. General. The purpose of this chapter is to safeguard health, safety and welfare by regulating grading and excavation, including fills and embankments, on public and private property located within the City of' Spokane Valley, Washington and to establish procedures for the issuance of permits; approval of plans and inspection of grading construction. b. Enforcement. The Building Official is hereby authorized and directed to enforce the provisions of this section. The Building Official shall have the authority to render interpretations of this code and to adopt policies and procedures in order to clarify the application of its provisions in compliance with the intent and purpose of this code. Such policies and procedures shall not have the effect of waiving requirements specifically provided for in this code or any other county, state or federal law or ordinance. c. Liability. The Building Official, or City of Spokane Valley employee charged with the enforcement of this section, while acting for the jurisdiction in good faith and without malice in the discharge of the duties required by this section or other pertinent law or ordinance, shall not thereby be rendered liable personally and is hereby relieved from personal liability for any damage accruing to persons or property as a result of any act or by reason of an act or omission in the discharge of official duties. Any suit instituted against an officer or employee because of an act perfonned by that officer or employee in the lawful discharge of duties and under the provisions of this section shall be defended by legal representative of the jurisdiction until the final termination of the proceedings. The Building Official or any subordinate shall not be liable for cost in any action, suit or proceeding that is instituted in pursuance of the provisions of this section. Ordinance 04 -016 Grading Page 1 of 11 draft d. Appeal. An appeal of any decision made by the Spokane Valley Building Official shall be pursuant to Article III, Section 1.20.39. Spokane Valley Uniform Development Code. 9.05.02 Permit Required Except as specified in Section 9.05.03 of this section, no person shall do any grading without first having obtained a Spokane Valley Grading Permit from the building official. All grading within the City of Spokane Valley shall comply with the Washington State Environmental Policy Act. 9.05.03 Exempted Work When approved by the Building Official, a Grading Permit shall not be required for the following: 1. Grading in an isolated, self - contained area if there is no danger to private or public property. Provided however, that any grading in any floodplain or floodway shall not be exempt from a Grading Permit. 2. Work located within a dedicated public right -of -way. 3. Landscape ponds or water features that do not exceed 500 sq feet water surface area or three feet in depth and are fully lined with an approved synthetic pond liner. 4. Excavation below finished grade for basements and footings of a building, retaining wall or other structure less than four feet in depth or authorized by a valid building permit. This shall not exempt any fill made with the material from such excavation or exempt any excavation having an unsupported height greater than 5 feet (1524 mm) after the completion of such structure. 5. Cemetery graves. 6. Refuse disposal sites controlled by other regulations. 7. Excavations for wells, tunnels or utilities. This includes any grading required for equipment staging, not including roads, facilitating the excavation. This also includes excavation work done to facilitate the Septic Tank Elimination Program. 8. Mining, quarrying, excavating, processing or stockpiling of rock, sand, gravel, aggregate or clay where established and provided for by law, provided such operations do not affect the lateral support or increase the stresses in or pressure upon any adjacent or contiguous property. 9. Exploratory excavations under the direction of a professional engineer or professional geologists. 10. An excavation that (1) is less than 2 feet in depth or (2) does not create a cut slope greater than 5 feet in height and steeper than 1 unit vertical in 1 1/2 units horizontal (66.7% slope). 11. A fill less than 1 foot in depth and placed on natural terrain with a slope flatter than 1 unit vertical in 5 units horizontal (20% slope). Less than 3 feet in depth, not intended to support structures that does not exceed 50 cubic yards on any one lot and does not obstruct a drainage course. This exemption includes landscape berms if the plot plan indicates a no build zone where a specific berm is located and no slope is created greater than 1 unit vertical in 1 % units horizontal (66.7% slope) not more than five feet (5') in height and there is no danger to private or public property. Exemption from the permit requirements of this chapter shall not be deemed to grant authorization for any work to be done in any manner in violation of the provisions of this chapter or any other laws or ordinances of this jurisdiction, the state of Washington or the United States of America. Section 9.05.04. Testing. The standards listed below are, for the purpose of this Code, recognized standards: 1. ASTM D 1557, Test Method for Laboratory Compaction Characteristics of Soil Using Modified Effort 2. ASTM D 1556, Test Method for Density and Unit Weight of Soil In Place by the Sand -Cone Method Ordinance 04 -016 Grading Page 2 of 11 draft 3. ASTM D 2167, Method for Density and Unit Weight of Soil In Place by the. Rubber Balloon Method 4. ASTM D 2937, Test Method for Density of Soil In Place by the Drive - Cylinder Method 5. ASTM D 2922, Test Methods for Density of Soil and Soil- Aggregate In Place by Nuclear Methods (Shallow Depth) 6. ASTM D 3017, Test Method for Water Content of Soil and Rock in Place by Nuclear Methods (Shallow Depth) 7. ASTM D 698, Moisture- density Relations of Soils and Soil Aggregate Mixtures. 8. ASTM iM D 2488, Practice for Description and Identification of Soils (Visual- Manual Procedure). 9. ASTM D 2487, Test Method for Classification of Soils for Engineering Purposes (Unified Soil Classification System) Section 9.05.05. HAZARDS a Whenever the Building Official determines that any existing excavation, embankment or fill on public or private property has become a hazard to persons or property, or adversely affects the safety, use or stability of a public way or drainage channel, the owner or other person or agent in control of said property, upon receipt of notice in writing from the Building Official, shall within the period specified therein repair or eliminate such excavation or embankment. b Work that is done without a Grading Permit, if such permit would have been required, shall be considered hazardous and a public nuisance, subject to all enforcement actions and penalties as found in the Spokane Valley Uniform Development Code Section 1.20. Section 9.05.06 DEFINITIONS For the purposes of this chapter, the definitions listed hereunder shall be construed as specified in this section. APPROVAL shall mean that the proposed work or completed work conforms to this chapter in the opinion of the building official. AS- GRADED is the extent of surface conditions on completion of grading. BEDROCK is in -place solid rock. BENCH is a relatively level step excavated into earth material on which fill is to be placed. BORROW is earth material acquired from either an on or off-site location for use in grading on a site. BUILDING OFFICIAL is the officer or other designated authority charged with the administration and enforcement of this code, or a duly authorized representative. COMPACTION is the densification of a fill by mechanical means. EARTH MATERIAL is any rock, natural soil or fill or any combination thereof. ENGINEERING GEOLOGY is the application of geologic knowledge and principles in the investigation and evaluation of naturally occurring rock and soil for use in the design of civil works. EROSION is the wearing away of the ground surface due to movement of wind, water or ice. EXCAVATION is the mechanical removal of earth material. FILL is a deposit of earth material placed by artificial means. GRADE is the vertical location of the ground surface. Ordinance 04 -016 Grading Page 3 of 11 draft 1. Existing Grade is the grade prior to grading. 2. Finish Grade is the final grade of the site that conforms to the approved plan. 3. Rough Grade is the stage at which the grade approximately conforms to the approved plan. GRADING is any excavating or filling or combination thereof. KEY is a designed compacted fill placed in a trench excavated in earth material beneath the toe of a proposed fill slope. ORGANIC MATERIAL is material derived from living things. PROFESSIONAL ENGINEER is an engineer licensed in Washington under Chapter 18.43 RCW who is qualified by examination and /or experience to practice in the fields of civil, geotechnical and /or soils engineering. PROFESSIONAL GEOLOGIST is a geologist experienced and knowledgeable in engineering geology and licensed by the state of Washington to practice. PROFESSIONAL INSPECTION is the observation and testing to determine conformance with project plans and specifications required by this code performed by a professional engineer and /or professional geologist. Such inspections include that performed by persons supervised by such engineers or geologists and shall be sufficient to form an opinion relating to the conduct of the work. SEPA Washington State Environmental Policy Act. SITE is any lot or parcel of land or contiguous combination thereof, under the same ownership, where grading is performed or permitted. SLOPE is an inclined ground surface the inclination of which is a ratio of vertical distance to horizontal distance, expressed as a percentage. SOIL is a natural aggregate of mineral grains that can be separated by such gentle mechanical means as agitation in water. SPOILS are any materials removed from an excavation. Spoils are not precluded from re -use in fills. TERRACE is a relatively level step constructed in the face of a graded slope surface for drainage and maintenance purposes. Section 9.05.07 GRADING PERMIT REQUIREMENTS 1. Permits Required. A separate permit shall be obtained for each site, and may cover both excavations and fills. 2. Work Without a Permit. Grading commenced without first obtaining a Grading Permit from the Building Official, unless exempt pursuant to Section 3.02 of this code, is subject to all penalties described in Section 1.20.39. of the Spokane galley Uniform Development Code Article iII including the assessment of an investigative fee for the portion of the work accomplished without a permit pursuant to Section 3.02.08.1 of the Spokane Valley Uniform Development Code, based on the value of the work accomplished illegally. The fee is payable prior to the acceptance of a Grading Permit Application. Payment of the investigative fee does not vest the illegal work with any legitimacy, nor does it establish any right to any permit for continued development of the project. Excavation or fill work that remains illegal for 90 days after service of a Stop Work Order shall be deemed hazardous. 3. Application. The provisions of li3C Section 106 are applicable, as appropriate, to a Grading Permit Application. Additionally, the permit applicant shall note the estimated quantities of work involved on the Spokane Valley Grading Permit Application. Ordinance 04 -416 Grading Page 4 of 11 draft 4. Grading Designation. Grading in excess of 500 cubic yards shall.be performed in accordance with the approved grading plan prepared by a professional engineer or professional geologist licensed to practice in the state of Washington, and shall be designated as "engineered grading." Grading being proposed in areas identified within Spokane Valley as "Critical Areas" that require a Washington licensed design professional to prepare grading plans shall qualify as engineered grading. Grading involving less than 500 cubic yards shall be designated "regular grading" unless permitee elects "engineered grading ", or the submitted plans are prepared by an Washington licensed design professional, or the building official determines that special conditions or unusual hazards exist, in which case grading shall conform to the requirements for engineered grading. Section 9.05.08 Engineered Grading Requirements. Application for a grading permit shall be accompanied by two sets of plans and specifications, and supporting data consisting of a soils engineering report and/or an engineering geology report. The plans and specifications shall be prepared, signed and sealed by a professional engineer professional geologist or professional land surveyor licensed by the state of Washington. That individual shall be considered the registered design professional in responsible charge. 1. Specifications. Specifications shall contain information covering construction and material requirements. 2. Plans. Plans shall be dimensioned, drawn upon suitable material and drawn with sufficient clarity to illustrate the nature and extent of the proposed work and shall include the following: a. General vicinity of the proposed site. b. Property limits and accurate contours of existing ground and details of terrain and area drainage. c. Limiting dimensions, elevations or finish contours to be achieved by the grading, and proposed drainage channels and related construction. d. Detailed plans of all surface and subsurface drainage devices, walls, cribbing, dams and other protective devices to be constructed with, or as a part of the proposed work, together with a map showing the drainage area and the estimated runoff of the area served by any drains. A design criterion is a 100 year event. c. Location of any buildings or structures on the property where the work is proposed and the location of any buildings or structures on land of adjacent owners that are within 15 feet of the property or that may be affected by the proposed grading operations. f. Recommendations included in the soils engineering report and the engineering geology report shall be incorporated in the grading plans or specifications. When approved by the building official, specific recommendations contained in the soils engineering reports and the engineering geology reports, which are applicable to grading, may be included by reference. g. A SEPA form shall be submitted, along with all other plans to complete an application. h. The dates of the soils engineering and engineering geology reports together with the names, addresses and phone numbers of the firms or individuals who prepared the reports and their professional stamp and /or seal. Section 9.05.09 Residential Subdivision Grading. Grading associated with residential subdivision development shall be "engineered grading". Plans for Residential Subdivision Grading shall contain the following details in addition to the general information required under 9.05.07. 1. Details of subdivision construction to mitigate the effects of storm water and irrigation run off for all lots and areas of the subdivision. Specific site construction requirements to mitigate collection of water in crawlspaccs and basements shall be provided. Ordinance 04-016 Grading Page 5 of 11 0 drag 2. Final location of all grading construction spoils. If spoils are placed on building lots, the surface overburden, i.e. topsoil and any underlying soils not conforming to the project requirements of the lots shall be removed prior to the placement of any other fill. If lots are comprised of fill materials more than two feet in depth, the compacted fill materials below two feet in depth from finished grade shall have a minimum allowable bearing capacity of 1500 pounds per square foot. In addition, if the foundation is placed on fill materials, a foundation analysis and design, prepared by a licensed Washington engineer, shall be required to be submitted with any subsequent Spokane Valley Building Permit. Application. 3. Maximum and minimum elevations for all basement and crawl space floors. Maximum and minimum elevations for the top of foundation walls. Maximum elevation for lot/ property boundary lines to provide positive drainage from building sites. 4. Requirements for swales or drainage devices to manage storm water and landscape irrigation runoff. Section 9.05.10 Ponds, Water Features and Man-made Lakes. All ponds, water features and man- made lakes greater than 500 sq. ft. in surface area shall be engineered grading. Plans and specifications for ponds, water features and man -made lakes greater than 500 sq. ft. in surface area shall contain the following details in addition to the general information required under 9.05.07: 1. Plot plan showing the location of all proposed pond construction relative to anylot line, utility easement, septic system or replacement arca for septic systems. 2. Details of pond construction including section views, soil materials, lining material, special inspection/observation program and spoils disposal. Provide proposed final water surface elevation. 3. Details of any water retention device or dam along with provisions for overflow. 4. Written approval of a water source required to maintain the pond demonstrated by water rights, well permit or other documentation provided by state of Washington Department of Ecology (DOE). indicate classification and status with respect to DOE dam safety regulations (Chapter 173 -175) If exempt, justification of exempt status is required. 5. Proof of notification of the proposed construction submitted to the U.S. Army Corp of Engineers. 6. If fish are proposed to be stocked in the pond, proof of Washington Fish and Game approval is required. Section 9.05.11 Private Driveways. Private Driveways in excess of 150 feet in length measured from the intersection of the public way to the building the driveway serves shall be considered engineered grading regardless of the amount of excavation or fill required for construction. Specifications for these private driveways in addition to the general information required under 9.05.07 are: 1. Dimensions. Unobstructed width of 20 feet and an unobstructed height of 13 ft 6 inches. 2. Surface. The surface of a private driveway shall be designed and maintained to support a 75,000 pound fire truck. The road shall be surfaced so as to provide all - weather driving capabilities. 3. Turn radii. Turn radii of 28.5 feet minimum are required. Smaller radii may be used if a design is submitted that will allow a 75,000 pound fire truck to drive over the curb or road shoulder. 4. Turnaround. For private driveways over 150 feet in length, a 120 foot hammerhead, 60 foot "Y" or a 96 foot diameter cul -de -sac is required. Ordinance 04 -016 Grading Page 6 of 11 draft 5. Grade. Private driveways equal to or exceeding a 10% slope are required to have those areas . of the driveway that equal or exceed a 10% slope paved with a hard, non slip, water repellant surface, such as asphalt or Portland cement concrete. Section 9.05.12 Soils Engineering Report. The soils engineering report shall include data regarding the nature, distribution and strength of existing soils. Conclusions and recommendations for grading procedures and design criteria for corrective measures, including buttress fills, when necessary, and an opinion on adequacy for the intended use of sites to be developed by the proposed grading as affected by soils engineering factors, including the stability of slopes shall be included. Section 9.05.13 Engineering Geology Report. The engineering geology report shall include an adequate description of the geology of the site, conclusions and recommendations regarding the effect of geologic conditions on the proposed development, and opinion on the adequacy for the intended use of sites to be developed by the proposed grading, as affected by geologic factors. Section 9.05.14 Regular Grading Requirements. Each application for a grading permit shall be accompanied by a plan in sufficient clarity to indicate the nature and extent of the work. The plans shall give the location of the work, the name of the owner and the name of the person who prepared the plan. The plan shall include the following information: • 1. General vicinity of the proposed site. 2. Limiting dimensions and depth of cut and /or fill. Total volume of cut or fill. 3. Location of any buildings or structures where work is to be performed and the location of any buildings or structures within 15 feet of the proposed grading. Section 9.05.14.1 CUTS and EXCAVATION 1. General. Unless otherwise recommended in the approved soils engineering or engineering geology report, cuts shall conform to the provisions of this section. 2. Slope. The slope of cut surfaces shall be no steeper than is safe for the intended use and shall be no steeper than 1 unit vertical in 2 units horizontal (50% slope). Cut slopes steeper than 50% shall require an Engineered Grading Permit. Section 9.05.14.2 FILLS 1. General. Unless otherwise recommended in the approved soils engineering report, fills shall conform to the provisions of this section. 2. Preparation of Ground. Fill slopes shall not be constructed on natural slopes steeper than 1 unit vertical in 2 units horizontal (50% slope). The ground surface shall be prepared to receive fill by removing vegetation, non - complying fill, topsoil and other unsuitable materials and scarifying to provide a bond with the new fill. Where slopes are steeper than 1 unit vertical in 5 units horizontal (20% slope) and the height is greater than 5 feet, an Engineered Grading shall be required. 3. Fill Material. Detrimental amounts of organic material shall not be permitted in fill. Except as permitted by the building official, no rock or similar irreducible material with a maximum dimension greater than 12 inches shall be buried or placed in fill. Prior to issuance of the grading permit, potential rock disposal areas shall be delineated on the grading plan. Rock sizes greater than 12 inches in maximum dimension shall be 10 feet or more below grade, measured vertically. Rocks shall be placed so as to assure filling of all voids with well - graded soil. 4. Compaction. All fills shall be compacted to a minimum of 90 percent of maximum density. Section 9.05.14.3. SETBACKS Ordinance 04 -016 Grading Page 7 of 11 r r � draft 1.. General. Unless otherwise recommended in the approved soils engineering report, cut and fill slopes shall be set back from site boundaries in accordance with this section. 2. Top of Cut Slope. The top of cut slopes shall not be made nearer to a site boundary line than one fifth of the vertical height of cut with a minimum of 2 feet. 3. Toe of Fill Slope. The toe of fill slope shall be made not nearer to the site boundary line than one half the height of the slope with a minimum of 2 feet and a required maximum of 20 feet. Where a fill slope is to be located near the site boundary and the adjacent off -site property is developed, special precautions shall be incorporated in the work as the building official deems necessary to protect the adjoining property from damage as a result of such grading. These precautions may include but are not limited to: a. Additional setbacks. b. Provision for retaining or slough walls. c. Mechanical or chemical treatment of the fill slope surface to minimize erosion. d. Provisions for the control of surface waters. e. Consultation with a professional engineer. 4. Modification of Slope Location. The building official may approve alternate setbacks. The building official may require an investigation and recommendation by a qualified professional engineer or professional geologist to demonstrate that the intent of this section has been satisfied. Section 9.05.14.4. DRAINAGE AND TERRACING 1. General. Unless otherwise indicated on the approved soils engineering report, drainage facilities and terracing shall conform to the provisions of this section for cut or .fill slopes steeper than 1 unit vertical in 3 units horizontal (36.3% slope). 2. Terrace. Terraces at least 8 feet in width shall be established at not more than 30 -foot vertical intervals on all cut or fill slopes to control surface drainage and debris. Where only one terrace is required, it shall be at mid - height. Cut or fill slopes greater than 60 feet in height shall be designed by a professional engineer and shall be considered Engineered Grading. 3. Drainage. Swales or ditches on terraces shall have a minimum gradient of 5 percent and must be paved with reinforced concrete or gunite not less than 3 inches in thickness or an approved equal paving. They shall have a minimum depth at the deepest point of 1 foot and a minimum paved width of 5 feet. A single run of swale or ditch shall not collect runoff from a tributary area exceeding 13,500 square feet (projected) without discharging into a down drain. 4. Subsurface Drainage. Cut and fill slopes shall be provided with subsurface drainage as necessary for stability. 5. Interceptor Drains. Paved interceptor drains shall be installed along the top of all cut slopes where the tributary drainage area above slopes toward the cut and has a drainage path greater than 40 feet measured horizontally. interceptor drains shall be paved with a minimum of 3 inches of reinforced concrete or gunitc, or an approved equivalent. Drains shall have a minimum depth of 12 inches and a minimum paved width of 30 inches measured horizontally across the drain. The slope of drain shall be approved by the building official. 6. Disposal. All drainage facilities shall be designed to carry 100 year event waters to the nearest practicable drainage way or other discharge point approved by the building official. Erosion of ground in the area of discharge shall be controlled by installation of down drains or other devices. 7. Building Pads. Surface drainage shall be diverted to a storm sewer conveyance or other approved point of collection so as to not create a hazard. Lots shall be graded so as to drain surface water away from foundation walls. The grade away from foundation walls shall fall a minimum of 6 inches Ordinance. 04-016 Grading Page 8 of 11 draft within the first 10 feet. Exception: Where lot lines, walls, slopes or other physical barriers prohibit 6 inches of fall within 10 feet, drains or sveales shall be provided to ensure drainage away from the structure. Section 9.05.15 EROSION CONTROL 1. Slopes. The faces of cut and fill slopes shall be prepared and maintained to control erosion. This control may consist of effective planting. The protection for the slopes shall be installed as soon as practicable and prior to calling for final approval. Where cut slopes are not subject to erosion due to the erosion- resistant character of the materials, such protection may be omitted. 2. Other Devices. Where necessary, check dams, cribbing, riprap or other devices or methods shall be employed to control erosion and provide safety. 3. Other Requirements. The issuance of a Grading Permit does not obviate or reduce Federal EPA, Spokane County Air Pollution Control Authority or Washington Department of Ecology regulations for controlling pollution or erosion by the applicant, the contractor or the property owner. 4. Issuance. The Building Official may require that grading operations and project designs be modified if delays occur which incur weather- generated problems not considered at the time the permit was issued. The Building Official may require professional inspection and testing by a soil engineer. When the building official has cause to believe that geologic factors may be involved, the grading will be required to conform to Engineered Grading requirements. Section 9.05.16 GRADING FEES 1. General. Fees shall be assessed in accordance with a resolution approved by the Spokane Valley City Council. 2. Plan Review Fees. When a plan or other data is required to be submitted, a plan review fee shall be paid at the time of submitting plans and specifications for review. Separate plan review fees shall apply to retaining walls or major drainage structures as required elsewhere in this code. For excavation and fill on the same site, the fee will be based on the volume of excavation or fill, whichever is greater. 3. Grading Permit Fees. Separate permits and fees shall apply to retaining walls or major drainage structures as required elsewhere in this code. There shall be no separate charge for standard terrace drains and similar facilities. Section 9.05.17 GRADING INSPECTION 1. General. Grading operations for which a permit is required shall be subject to inspection by the Building Official. 2. Professional inspection. Professional observation and testing to determine conformance with project plans and specifications of grading operations shall be provided by professional engineer and /or the professional geologist retained to provide such services in accordance with Section 6.4 for engineered grading and as required by the building official for regular grading. That individual shall be the registered design professional in responsible charge. 3. Professional Engineer. The professional engineer shall provide professional observation and testing to determine conformance with project plans and specifications within such engineer's area of competence, which shall include observation and review during preparation of the natural ground, site grading, placement of fill, testing for compaction as well as establishment of line ,grade and surface drainage of the development area. If actual work will differ from the approved plans and reports and revised plans are required during the course of the work, they shall be Ordinance 04 -016 Grading Page 9 of 11 draft prepared under the direct supervision of the professional engineer and submitted to the building official for review and approval prior to any revised work commencing. 4. Professional geologist. The professional geologist shall provide professional observation and testing to determine conformance with project plans and specifications within such engineer's area of technical specialty, which shall include professional observation and testing of the bedrock excavation to determine if conditions encountered are in conformance with the approved report. Revised recommendations relating to conditions differing from the approved engineering geology report shall be submitted to the soils engineer. 5. Permitce. The perrnitce shall be responsible for the work to be performed in accordance with the approved plans and specifications and in conformance with the provisions of this code, and the permitee shall engage consultants, if required, to provide professional inspections on a timely basis. The permitee shall act as a coordinator between the consultants, the contractor and the Building Official. In the event of changed conditions, the permitee shall be responsible for informing the building official of such change and shall provide revised plans for approval prior to any revised work commencing. 6. Building Official. The Building Official shall inspect the project and /or the inspection documents at the various stages of work requiring approval to determine that the project is within the requirements of this code. 7. Notification of Noncompliance. lf, in the course of fulfilling their respective duties under this chapter, design professional in responsible charge finds that the work is not in conformance with this chapter or the approved grading plans, the discrepancies shall be reported immediately in writing to the permitee and to the building official. 8. Transfer of Responsibility. If the registered design professional in responsible charge is changed during the execution of the Spokane Valley Grading Permit, the work shall be stopped until the replacement has been named and been approved by the building official. Further, that replacement shall agree in writing to accept their responsibility within the area of technical competence. It shall be the duty of the permitee to notify the building official in writing of such change prior to the recommencement of such grading. Section 9.05.18 COMPLETION OF `YORK 1. Final Reports. Upon completion of the rough grading work and at the final completion of the work, the design professional in responsible charge for Engineered Grading or when professional observation and testing to determine conformance with project plans and specifications is performed for regular grading, as applicable, shall submit record plans and a final report. Those plans and reports shall indicate: a. All grading work was done in conformance with the approved plans. b. All discrepancies encountered with the approved plans and resolutions of those discrepancies. c. All plans and reports shall bear the stamp or seal of the licensed professional preparing the report. Notification of Completion. The permitee shall notify the Building Official when the grading operation is ready for final inspection. Final approval shall not be given until all work, including installation of all drainage facilities and their protective devices, and all erosion - control measures have been completed in accordance with the final approved grading plan, and the required final reports have been submitted to Spokane Valley. 3. Violations. Any work done in violation of any of the provisions of Article 17I, Spokane Valley Uniform Development Code that continues to remain in violation is declared to be a public Ordinance 04 -016 Grading Page 10 of 11 draft ATTEST: nuisance. Article I, Section 1.20, Spokane Valley Uniform Development Code is specifically cited to address those continued, unresolved violations. Section 9.05.19 Reserved. Section 2. Sevcrability. If any provision of this chapter or the application to any person or circumstances is held invalid, such invalidity shall not affect other provisions or applications of the chapter which can be given effect without the invalid provision or application, and to this end the provisions of the chapter are declared to be severable. Section 3. 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. Approved by the City Council this Christine Bainbridge, City Clerk Approved as to form: Cary P. Driskell, Deputy City Attorney Date of publication: Effective date: Michael DeVleming, Mayor day of , 2004. Ordinance 04 -016 Grading Page 11 of 11 CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: 04 -27 -04 City Manager Sign -off: Item: Check all that apply: ❑ consent ❑ old business x new business ❑ public hearing ❑ information ❑ admin. report ❑ pending legislation AGENDA ITEM TITLE : First Reading Proposed Ordinance Adopting Municipal Code BACKGROUND: Codification simply means editing, rearranging, and /or grouping ordinances under appropriate titles, parts, chapters and sections and putting all that together in a code book which will be our official City Code. Hopefully Council has had an opportunity to review the draft Code, Steps to codification: August, 2003 we signed contract with Code Publishing in Seattle October 21, 2003: mailed hard copies of all ordinances to Code Publishers A draft of the Municipal Code was sent to Council for review Prepare draft ordinance for council review (enclosed) After first reading of the ordinance title, Council sets a public hearing Publish notice of hearing in official newspaper, not more than 15 days or less than 10 days prior to hearing After the public hearing (approximately February) Council may amend, adopt or reject the adopting ordinance Upon enactment of the ordinance, the codification will be the official code of ordinances of Spokane Valley We will have ten copies of the code for department heads and the Clerk; and will make the entire Code available on our website, complete with a search engine We can have updates amending the code under separate ordinances, as often as practicable RECOMMENDED ACTION OR MOTION: Move to advance ordinance 04 -017 to a second reading at the May 11, 2004 council meeting. BUDGET /FINANCIAL IMPACTS: STAFF CONTACT: Chris Bainbridge ATTACHMENTS : DRAFT CITY OF SPOKANE VALLEY SPOKANE COUNTY, WASHINGTON ORDINANCE NO. 04 -017 AN ORDINANCE OF THE CITY OF SPOKANE VALLEY, SPOKANE COUNTY, WASHINGTON, ADOPTING THE MUNICIPAL CODE AS COMPILED, EDITED AND PUBLISHED BY CODE PUBLISHING COMPANY OF SEATTLE, WASHINGTON, AS THE OFFICIAL CODE OF THE CITY OF SPOKANE VALLEY, WASHINGTON. WHEREAS, Code Publishing Company of Seattle, Washington has contracted with the City of Spokane Valley, Washington, to prepare the Spokane Valley Municipal Code, as authorized by RCW 35A.21.130; and WHEREAS, Code Publishing Company has responsibility to compile, edit, and publish the Spokane Valley Municipal Code to be kept on file in the office of the City Clerk; and _WHEREAS, on April 27, 2004, the Spokane Valley City Council set a public hearing for May 11, 2004 regarding the adoption of the Spokane Valley Municipal Code and notice of the public hearing was published in accordance with RCW 35.21.530; and WHEREAS, the Spokane Valley City Council held a public hearing on May 11, 2004; and WHEREAS, the Spokane Valley City Council has inspected the Spokane Valley Municipal Code and is satisfied that it is a correct and accurate codification of the ordinances of Spokane Valley, Washington; and WHEREAS, the Spokane Valley City Council is satisfied that the provision of RCW 35A.21.130 has in all ways been compiled with; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SPOKANE VALLEY, WASHINGTON ORDAINS AS FOLLOWS: Section 1. Code Adopted. The Spokane Valley Municipal Code, as compiled from the ordinances of the City of Spokane Valley, Washington, is hereby adopted as the official code of the City of Spokane Valley, Washington on file in the office of the City Clerk. One copy of the Spokane Valley Muncipal Code shall be kept in the office of the City Clerk for use and examination by the public. Section 2. Title. Citation. Reference. The Code shall be known as the "Spokane Valley Municipal Code" and it shall be sufficient to refer to said Code as the "Spokane Valley Municipal Code" in any prosecution for the violation of any provision thereof or in any proceeding at law or equity. It shall also be sufficient to designate any ordinance adding to, amending, correcting or repealing all or any part or portion thereof as an addition to, amendment to, correction of, or repeal of the Spokane Valley Municipal Code. Further reference may be had to the titles, chapters, sections and subsections of the Spokane Valley Municipal Code and such reference shall apply to that numbered title, chapter, section or subsection as it appears in that Code. Section 3. Reference Applies to Amendments. Whenever a reference is made to the Spokane Valley Municipal Code or to any portion thereof, or to any ordinance of the City of Spokane Valley, Washington, that reference shall apply to all amendments, corrections and additions heretofore now or thereafter made. Ordinance to ;adopt City Code Page 1 of 3 DRAFT Section 4. Codification Authority. This Code consists of all of the regulatory and penal ordinances and certain of the administrative ordinances codified pursuant to RCW 35A.21.130. Section 5: Noncharter Code City Status. The City is classified as a noncharter code city, governed by the provisions ofChapter 35A.13 RCW under the council- manager plan of government, and endowed with all of the applicable rights, powers, privileges, duties and obligations of a noncharter code city as established by law. Section 6: .Recordation. The City Clerk is directed to forward to the Secretary of the State of Washington, a certified copy of the ordinance codified in this chapter as provided in RCW 35A.02.040. Section 7: Definitions The following words and phrases whenever used in this Code shall be construed as defined in this section unless from the context a different meaning is intended, or unless a different meaning is specifically defined and more particularly directed to the use of such words or phrases: (1) "City" means the City of Spokane Valley, Washington, or the area within the territorial City limits of the City of Spokane Valley, Washington. (2) "City Council" means the City Council of the City of Spokane Valley. (3) "County" means the County of Spokane. (4) "Mayor" meads the Mayor of the City of Spokane Valley. (5) "Oath" includes affirmation. (6) "Shall" and "Must" are to be interprtrted as mandatory language and not permissive language. (7) "May" is to be interpreted as permissive language and not mandatory language. (8) "Written" includes printed, typewritten, mimeographed or multigraphed. Section 8. Grammatical interpretation. The following grammatical rules shall apply in this Code unless the context clearly indicates otherwise: (1) Gender. Any gender includes the other gender. (2) Singular and Plural. The singular number includes the plural and the plural includes the singular. (3) Tenses. Words used in the present tense include the past and the future tenses and vise versa. (4) Use of Words and Phrases. Words and phrases used in this Code and not specifically defined shall be construed according to the context and approved usage of the language. Section 9. Severabilitv. If any section, sentence, clause or phrase of this ordinance shall be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of any other section, sentence, clause or phrase of this ordinance. Section 10. 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. PASSED by the City Council this day of May, 2004. ATTEST: Michael DeVleming, Mayor Christine Bainbridge, City Clerk Ordinance io adopt City Code Page 2 of'3 • DRAFT Approved as to Form: Cary P. Driskell, Deputy City Attorney Date of Publication: Effective Date: Ordinance to adopt Ciry Code Page 3 of 3 CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: April 27, 2004 City Manager Sign -off: Item: Check all that apply: ❑ consent ❑ old business X new business ❑ public hearing ❑ information ❑ admin. report ❑ pending legislation AGENDA ITEM TITLE: Proposed Resolution Designating Change Order Authority GOVERNING LEGISLATION: PREVIOUS COUNCIL ACTION TAKEN: BACKGROUND: The City of Spokane Valley has established procedures for the purchase of goods, supplies, materials and equipment, architectural and engineering services and the procurement of public works. To facilitate the business of the City and provide for the convenience of persons and entities who provide goods or services to the City there is a need for the City Manager to have authority to execute changes in the scope of work on City projects. This resolution provides that authority. OPTIONS: RECOMMENDED ACTION OR MOTION: Approval of the resolution. BUDGET /FINANCIAL IMPACTS: STAFF CONTACT: Stan Schwartz ATTACHMENT: DRAFT CITY OF SPOKANE VALLEY SPOKANE COUNTY, WASHINGTON RESOLUTION NO. 04-012 A RESOLUTION OF THE CITY OF SPOKANE VALLEY, SPOKANE COUNTY WASHINGTON AUTHORIZING THE ISSUANCE OF CHANGE ORDERS AND /OR EXTRA WORK IN CONTRACTS WITH THE CITY WHEREAS, the City of Spokane Valley has established procedures for the purchase of goods, supplies, materials and equipment, architectural and engineering services and the procurement of public works pursuant to the general law of the State; WHEREAS, to facilitate the business of the City and provide for the convenience of persons and entities who provide goods or services to the City, the City has authorized the City Manager to execute contracts for the above matters in such amounts as established by Resolution; WHEREAS, the City Manager, as the Chief Executive Officer of the City, is authorized by state law to manage the administrative affairs of the City including the proper execution of work performed pursuant to contract with the City; WHEREAS, it is often necessary as a result of unforeseen, emergency or changed conditions to modify the scope of work performed under contract with the City in a prompt and timely matter to protect the best interest of the City; WHEREAS, it is a common business practice to execute change orders and /or requests for extra work during the course of a project; and WHEREAS, through this Resolution the City Council authorizes and grants authority to the City Manager to issue change orders and /or requests for extra work as set forth herein. NOW, THEREFORE, be it resolved by the City Council of the City of Spokane Valley, Spokane County, Washington as follows: Change Orders /Extra Work. Where the City has entered into a contract that relates to the purchase of goods, supplies, materials or equipment, architectural and /or engineering services, or the procurement of a public work pursuant to state law, the City Manager may issue a change order or request for extra work. The City Manager may authorize changes in the work or services set forth in the contract documents where there are changed conditions, a requirement that extra work or service be performed or such other circumstances that necessitate a modification to the contract. Changed conditions shall for purposes of this Resolution be defined as the presence of unforeseeable conditions which could not have reasonably been anticipated by either party to the contract. The determination of changed conditions shall be made pursuant to the reasonable discretion of the City Manager. Where there are changed conditions, the scope of the work, procurement or service may be modified to serve the best interest of the City. In addition, extra work, regardless of a changed condition, may be ordered by the City Manager in order to accomplish the purpose and intent of the Contract with the City. Any finding of a changed condition, authorization for extra work or other matter relating to the authority in this Resolution shall not exceed the budgeted amount (or appropriation) for the contract, Resolution 04 -012 Designating Change Order Authority Page i of 2 DRAFT work, procurement or services to be performed for the benefit of the City. Any change order or increase in the scope of work or service that exceeds $50,000.00 per project, service or purchase shall require the approval of the City Council. 2. Effective Date. This Resolution shall be in full force and effect on the date it is adopted. Adopted this _ day of April, 2004. Attest: City of Spokane Valley Christine Bainbridge, City Clerk Michael Devleming, Mayor Approved as to form: Stanley M. Schwartz., Interim City Attorney Resolution 04 -012 Designating Change Order Authority Page 2 of 2 Meeting Date: 04 -27 -04 City Manager Sign -off: Item: Check all that apply: ❑ consent • ❑ old business x new business ❑ public hearing ❑ information ❑ admin. report ❑ pending legislation AGENDA ITEM TITLE : Motion Consideration: CITY OF SPOKANE VALLEY Request for Council Action BACKGROUND: Codification simply means editing, rearranging, and /or grouping ordinances under appropriate titles, parts, chapters and sections and putting all that together in a code book which will be our official City Code. Hopefully Council has had an opportunity to review the draft Code. Sys to codification: August, 2003 we signed contract with Code Publishing in Seattle October 21, 2003: mailed hard copies of all ordinances to Code Publishers A draft of the Municipal Code was sent to Council for review Prepare draft ordinance for council review (enclosed) After first reading of the ordinance title, Council sets a public hearing Publish notice of hearing in official newspaper, not more than 15 days or less than 10 days prior to hearing After the public hearing (approximately February) Council may amend, adopt or reject the adopting ordinance Upon enactment of the ordinance, the codification will be the official code of ordinances of Spokane Valley We will have ten copies of the code for department heads and the Clerk; and will make the entire Code available on our website, complete with a search engine We can have updates amending the code under separate ordinances, as often as practicable RECOMMENDED ACTION OR MOTION: Move to Set May 11, 2004 as Date for Public Hearing to Consider Adoption of Municipal Code BUDGET /FINANCIAL IMPACTS: STAFF CONTACT: Chris Bainbridge ATTACHMENTS Item: Check all that apply: ❑ consent ❑ information STAFF CONTACT: Neil Kersten ATTACHEMENTS: CCDs #1 and 2 CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: April 27, 2004 City Manager Sign -off: 111 old business ❑ admin. report RECOMMENDED ACTION OR MOTION: Approve CCDs #1 and 2. 0 new business ❑ public hearing ❑ pending legislation AGENDA ITEM TITLE: Ratification of Construction Change Directive (CCD) #1 and 2 to Mooney & Pugh Contractors' contract for the construction of Centerplace. GOVERNING LEGISLATION: PREVIOUS COUNCIL ACTION TAKEN: Award of construction contract to Mooney & Pugh Contractors for the construction of Centerplace. BACKGROUND: The City of Spokane Valley issued an early site work package to strip the top one foot of soil from the Centerplace site and then screen it into topsoil, drain rock, cobbles, and boulders. This work was required to be started before the end of last year to ensure funding for the project. However, because of the wet time of year in which the work was done, the stripped soil had a lot of moisture in it and could not be screened until this spring. Even now, the screening operation is slow because the moisture trapped in the stockpiled material clogs the screens. Mooney & Pugh Contractors (M &P) based their bid for the project according to the specifications which said the screening of material would be completed by the time work could start on the building project. This did not happen. A large stockpile of stripped material (15,000 CY) is still being screened. M &P needs the following CCDs to continue their work without delay. • CCD #1: Purchase 200 CY of drain rock for installation of drywells — Lump Sum $4287.00 • CCD #2: Relocate stockpiled material to allow sewer line installation — Lump Sum $1110.00 The Project Architect and Project Engineer reviewed these two CCDs and recommend approval. OPTIONS: BUDGETIFINANCIAL IMPACTS: Total cost for this additional work is $4397.00 which will be funded from the 2004 Budget, Fund 304, Mirabeau Point Capital Project Fund. r Madsen Mitchell Evenson &Conrad CONTRACT ADMINISTRATION Construction Change Directive THE PROJECT: Centerplace At Mirabeau Point Park 2426 N. Discovery Place Spokane Valley, WA. 99216 TO CONTRACTOR Mooney & Pugh Contractors, Inc. P.O. Box 11737 Spokane, WA.. 99211 -1737 ARCHITECT'S PROJECT NUMBER: 02.20 You are hereby directed to make the following change(s) in this contract: (Describe briefly any proposed changes or list any attached information in the alternative) - Drywell rock. PROPOSED ADJUSTMENTS 1. The proposed basis of adjustment to the Contract Sum or Guaranteed Maximum Price is: _ *Lump Su (increase decrease) of $4287:00 *Unit Price of $ per `As provided in Subparagraph 7.3.3 of AIA Document A201 -1997 *As follows: 2. The Contract Time is proposed to (be adjusted remain unchan. - . The proposed adjustment, if any, is (an increase of days) (a decrease o days). When signed by the Owner and Architect and received by the Contractor, this document becomes effective IMMEDIATELY as a Construction Change Directive (CCD), and the Contractor shall proceed with the change(s) described Above. Tan Moore Architects ARCHITECT (Firm name) 416 W. Sprague Ave. ADDRESS BY (Signature) 4 r),Vb /Gt/TG'./ - (typed name) (C O# DATE Distribution List: Owner Architect Consultant Contractor Field Other Spokane Valley (city) OWNER (Firm name) 11707 E. Sprague Ave. ADDRESS BY (Signature) (typed name) DATE DIRECTIVE NUMBER: CCD -01 DATE: 4/15/2004 CONTRACT FOR: CONTRACT DATE: 411/04 DATE Contractor signature indicates agreement with the proposed adjustments in the Contract Sum and Contract Time set Forth in this CCD. Mooney & Pugh Contractors CONTRACTOR (Firm name) P.O. Box 11737 ADDRESS BY (Signature) (typed name) Madsen Mitchell Evenson & Conrad 2001 APR -13 -2004 16:22 Job Centerphce COP blank Estimator: 4/13/04 3:58:36 PM Quest Estimate Totats Report •U' 7 D ( ' 1 r Ace∎ L?o Tot lP Labor • Equip Material Sub, Otherl Other2 other3 • Other4 Others ManHours 4,257 0 0 0 3,623 75 0 225 43 321 0.0 Mooney and Pugh Contractors, Inc.' 1 Job: Cenicipia ce COP blank estimator: 89:88 Builder's Risk .99:89: liability Insurance .r. 99:90 99.91 99:95 99 :99 Guest Estimate Detail Report I LA i ti+ Desciiption • Type ' Qty Units UnitCost Labor Material ; Equip Sub Other1 • Y1dCost Comrrient • a Furnish 2 112" Round Gravel for Drywelk SubContr 280.0 TN 12.94 0 0 0 3,623 0 3,623 Remo M Otherl 0.3 % 42.87 0 0 0 0 11 11 Q. Otherl 1.5 % 42.87 0 0 0 0 64 64 R Fee on Contractor's Work Olher3 10.0 % 0.75 0 0 0 0 0 8 15 % <2000, 10% >2000 Fee on Subcontractor's Work Ofher3 6.0 % 36.23 0 0 0 0 0 217 Performance Bond Other4 1.0 % 42.87 0 0 0 0 0 43 WSST Other:: 8.1 % 39.66 0 0 0 0 0 321 4J13J04 3:58:.a + Mooney and Pu tloaclors, Inc.' 1 t L APR-13-2a04 1522 I _OPC NJJ e.04. 29' tAi'/ g() C .2_ ,N1 114 6Ot,Nd 20o CY. t 1 10: .30 Nee, I tcfr Li - — pea 0 & 157 COMumwd I.V 1 a 6AIC O e'd to,b6 C A.14•710 aauuad l-ACAS igO CI - J.J APR-13-2004 16:22 Vq/ le /Cuuq la (p 3-AA ')Uy D3i _,dyy LtNIKAL YHtMLL uu <r Central Pre -Mix Coutcretc Co. Corporate Office - P.O. Box 3366 Spokane, WA 99220 -366 Phone: 509/534 -6221 Fax: 509/534 -3839 TO: Jerry Potter / Mooney tic Pugh Construction FAX: 535 -7251 FROM: • Drew Murphy — Sales Representative DATE: 4 -9-04 Including this cover page, there is 1 page being transmitted. If you do not receive all pages correctly, please call 509/534 -6221. Project: Center Place at MQrabeau Park Spokane, Wa. We are pleased to quote as follows for your Concrete and Gravel requiternents: CONCRETE: Structural Notes Descnphon: 11/2 Round Gravel Price: $9.00 on Description; 21/2 Round Gravel Price: $11.25 ton Description: 3/8 Peagravel Price: $9.00 ton Description: Coarse Sand Price: S9.25 ton Descnption: 5/8 Recycled Course Price: $7.50 ton Description: 3/4 Crushed Price: $9.00 ton Prices above do not include Tax DELIVERY BASED ON TRUCK AND TRAILERS INVENTORY AND AVAILABILTIY SUBJECT TO CHANGE WITHOUT NOTICE TERMS: Net Z5 days. SPOKANE - COEUt D'AL ENE - HERMISTON - TRI- CITIES - YAKIMA - SEATTLE CORPORATE OFFICE: 5 1 1 1 E. BROADWAY P. 0. BOX 3366 - SPOKANE, WASHINGTON 99220 -3366 (309) 534.6.221 V »D ( D1 tej I / u u t Madsen Mitchell Evenson &Conrad CONTRACT ADMINISTRATION Construction Change Directive THE PROJECT: Centerplace At Mirabeau Point Park 2426 N. Discovery Place Spokane Valley, WA. 99216 TO CONTRACTOR Mooney & Pugh Contractors, Inc. P.O. Box 11737 Spokane, WA. 99211 -1737 DIRECTIVE NUMBER: CCD -02 DATE: 4/15/2004 CONTRACT FOR: CONTRACT DATE: 4/1104 ARCHITECT'S PROJECT NUMBER: 02.20 You are hereby directed to make the following change(s) in this contract: (Describe briefly any proposed changes or fist any attached information in the alternative) - Relocate topsoil for sewer line work PROPOSED ADJUSTMENTS 1. The proposed basis of adjustment to the Contract Sum or Guaranteed Maximum Price is: *Lump Su ( b ecrease) of $1110.00 'Unit Price of . per 'As provided in Subparagraph 7.3.3 of AIA Document A201 -1997 'As follows: 2. The Contract Time is proposed to (be adjusted (remain unchanged The proposed adjustment, if any, is (an increase of days) (a decrease of days; When signed by the Owner and Architect and received by the Contractor, this document becomes effective IMMEDIATELY as a Construction Change Directive (CCD), and the Contractor shall proceed With the change(s) described Above. Tan Moore Architects ARCHITECT (Firm name) 416 W. Sprague Ave. ADDRESS (Si nature) roV 6 fin? feu (typed name) 4 14 DATE Distribution List: Owner Architect Consultant Contractor Field Other Spokane Valley (city) OWNER (Firm name) 11707 E. Sprague Ave. ADDRESS BY (Signature) (typed name) DATE Contractor signature indicates agreement with the proposed adjustments in the Contract Sum and Contract Time set Forth in this CCD. Mooney & Pugh Contractors CONTRACTOR (Firm name) P.O. Box 11737 ADDRESS BY (Signature) (typed name) DATE Madsen Mitchell Evenson & Conrad 2001 Quest Estimate Totals Report Job: C:tProaram Ft'l esCuest5UabstCenterplaceMirebreaulCOR10417COR00 Estimate; • 1. Total' 1 Material ` 6 Othser5 tklariHour! 1.110 0 0 0 936 19 0 G1 11 83 03' 4/1 2104 1115:17 AM Mooney and Pt'a Contractors, Inca JC1J JJJ 1 GJS r • rsv 1 Job: C :1Prograrn Files\O uest5Uobs4Cent er ptacehlirabeau1COR\O417C O 8001 Eslirrtator: �, • :? .Ref: >Decription Type my . .UnUh ._ ° UnitCo... Labor. lateiial- ..Equfp Sub QtFrer1 ^ - -Xfd os1 Gonitnerit • • (10 Reloc Unprocessed Topsoil SubContr 1.00 IS 936.00 0 0 0 936 0 936 99,91::;••• Small Tools (Laborl Otherl 3,00 % 0.00 0 0 0 0 0 0 e,9i33 Builder's Risk Others 0,25 % 11.10 0 0 0 0 3 3 .909 .. Liability Insurance Olhert 1.50 % 11.10 0 0 0 0 17 17 99 :90.." Fee on Contractor's Work Other3 15.00 % 0.31 0 0 0 0 0 5 15%<2000,10%>2000 ga Fee on Subcontractor's Work Other3 6.00 `Yo 9.36 0 0 0 0 0 50 gg Performance Bond Other4 1.00 % 11.10 0 0 0 0 0 1i 9'4 ` WSST Others 6.10 % 10. 27 0 0 0 0 0 83 4 /12x04 11 i 5:12 AM Quest Estimate Detail Report Mooney and Pugh Colitracto s. Inc.' 1 Apr 09 04 03:08P Shirley Renner V ::- /,: _S c a e e Ate el - nip _C- l 0 f.f 7 (.7' i - 7 - /A ., n- 0 v r ;— „ c e kr c 4 LIN e _17 us 4g/e7 Ayr! At I ! 4 i (5 DO 97)) y ) 2 / -.1 6 93 C;,:. i G' ) 11! 1 .0 L.1.1 ; i =ES i Vo u 1 01 e 1Z• C i i Of .... ._ ... I co • ":1•,) TOTAL P.04 ( Fs ti 6 Quarterly Status Report January — March, 2004 Since 1974, the Spokane Area Economic Development Council has established a proven track record, strong leadership and solid industry expertise as the primary regionally focused economic development organization. The EDC is focused on attracting quality jobs and new investment to the region that will yield long -term economic viability. The City of Spokane Valley has taken a pro- active step in establishing a partnership with the EDC to assist in accomplishing this goal. This report, divided into five primary areas, provides a general review of our activities during the first quarter of 2004. Lead Generation: (Identifying the development relationships with businesses interested in expansion or relocation) The EDC has supported development of a significant regional lead generation program being created by the Inland Northwest Partnership and other regional economic development organizations. TNP has contracted with Bob Potter to generate leads from businesses outside of the region that may be willing to consider expansion or relocation. - Thc EDC's commitment, beginning in June of 2004, to participate is $40 to $50,000 annually — based on population allocation — which would leverage $150,000 to $200,000 for direct business marketing and lead generation. Our staff and partners have: • participated in west coast trade shows; • increased visibility of this region and the services of the EDC in national site selector meetings; • joined in a collaborative statewide effort relating to medical and biotechnology trade shows; and • substantially increased regional media coverage, including a media relations piece for the NCAA tournament. Business Recruitment: (Measurably increase the region's employment and relative wage base over a three to five year period) We have provided: • relocation or expansion assistance to manufacturing and distribution warehouse companies — 3 have located in City of Spokane Valley; • hosted site visits from companies interested in relocating to this area; and • maintain ongoing contact with a growing number of client companies who have indicated a serious interest in relocating to this region in the next 12 to 24 months. in addition, we have: • distributed information on location opportunities to over 330 California manufacturing businesses; and • distributed to site selection consultants the Washington CEO magazine report insert on the Spokane region. Incentives and Financial Support: (Be the primary contact to connect new and existing businesses with available financial resources, incentives and business assistance programs that support regional economic growth.) As a result of the EDC's leadership role in developing the Community Economic Development Strategy (CEDS) process: • SIRT1 has received a $3 million federal grant to support construction of a 35,000 sq. ft. Technology Center building; and • active applications are being considered for another $1.9 million in federal funds, based on the CEDS documents filed in 2003. In addition, EDC has provided support services to a wide -range of regional employers who are planning or anticipating expansion of their existing operations including: SCAFCO Corporation, Huntwood Industries, Sears Marketing Center, and others. Regional Infrastructure: (Collaborate with a vast array of partners on strategic regional projects that yield Tong -term economic viability) The EDC continues to join in collaborative efforts with a number of partners on the development of such projects as: • increasing utilization at Spokane International Airport • creation and development of the University District • improving traffic mobility by Bridging the Valley • expanding economic growth opportunities in health sciences and biotechnology fields • maintaining service on the Geiger Rail Spur Strategic Funding: (Strengthen partnerships with investors to ensure the stability and growth of funding) The EDC is currently working with our consultant, Chabin Concepts, to develop a strategic plan, a marketing plan, and a staffing plan that will enable the organization to be much more focused, strategic and successful in meeting our objectives in the future. This process will also result in an operating - implementation plan and budget required to support an aggressive plan to get Spokane on the radar screen. The plan and budget will be discussed with our major supporters in June of this year. CD Meeting Date: April 27, 2004 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: Stormwater Swale Evaluation — Scope of Services GOVERNING LEGISLATION: PREVIOUS COUNCIL ACTION TAKEN: Stormwater briefing on January 20, 2004. BACKGROUND: See attached memo date April 1, 2004 OPTIONS: RECOMMENDED ACTION OR MOTION: Approval of Stormwater Swale Design Evaluation BUDGET /FINANCIAL IMPACTS: STAFF CONTACT: Neil Kersten ATTACHMENT: CITY OF SPOKANE VALLEY Request for Council Action Sp�kane v�l� Memorandum To: Dave Mercier, City Manager and Nina Regor, Deputy City Manager From: Neil Kersten, Public Works Director CC: Date: April 1, 2004 Re: Stormwater Swale Design Evaluation 11707 E Sprague Ave Suite 106 • Spokane Valley WA 99206 509.921.1000 • Fax: 509.921.1008 • cityhall ®spokanevalley.org Recommendation Authorize Public Works to initiate the procurement process for engineering services related to the Stormwater Swale Design Evaluation. Background On January 20, 2004, we presented City Council with a brief overview of the history, current practices, and development of new standards related to stormwater management. During the presentation, Council voiced concern over perceived inefficiencies of the current stormwater swale design method and directed staff to develop alternative design methods. The new methods would minimize swale size while protecting groundwater supplies in accordance with State and Federal requirements. Staff has investigated Council's request and determined that outside engineering services are needed to conduct an appropriate evaluation. A preliminary scope of work has been prepared. Our estimated budget for this effort is between $45,000 and $50,000. We propose contracting with a firm from our existing consultant roster which limits services to $50,000. Funds for this proposed study are available in our Stormwater Management budget. $30,000 will come from Consulting Services and $20,000 will come from the Drainage Project category. The expenditure from the Drainage Project category will not be an impact because we have not yet developed the Six Year Stormwater Project Plan. This study will be incorporated into the regional stormwater manual being cooperatively developed by the City, the City of Spokane, and Spokane County. A working group comprised of staff from each agency has identified several technical issues that must be resolved before the manual can be written. The City of Spokane and the County have existing consultant contracts covering several of the issues. This study would be our contribution to the effort given that projects within our City limits would primarily benefit from the study. Once the technical issues are resolved, it is intent of the working group to pursue a consultant to compile, write, and edit the document. The cost of the technical writing consultant would be shared among the agencies. The goal is to have a draft manual by early FaII. Upon receiving your authorization, we will initiate the procurement and selection process. We can also prepare a briefing for Council if you wish. CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: April 27, 2004 City Manager Sign -off: !tern: Check all that apply: ❑ consent ❑ old business new business ❑ public hearing information x admin. report ❑ pending legislation AGENDA ITEM TITLE: Update on Spokane Valley appeal of Liberty Lake Comprehensive Plan, Eastern Washington Growth Management Hearings Board case number 03 -1 -0007. GOVERNING LEGISLATION: RCW 36.70A PREVIOUS COUNCIL ACTION TAKEN: Motion to appeal Liberty Lake Comprehensive Plan in November, 2003. BACKGROUND: Spokane Valley appealed the adoption of Liberty Lake's Comprehensive Plan. There were several main categories of concern: 1. Liberty Lake failed to coordinate with any regionally affected jurisdiction on any element of their Plan;. 2. Liberty Lake failed to adopt a Plan that had a 6 -year Capital Facilities Plan that showed how Liberty Lake planned to pay for infrastructure needs; 3. Liberty Lake failed to provide Spokane Valley with a copy of their draft plan so we could comment; 4. Liberty Lake failed to get a population allocation from Spokane County as the lead agency; 5. We asserted that these flaws so negatively affected the validity of Liberty Lake's Comprehensive Plan that the Board should rule the Plan "invalid". A ruling of invalidity is an extraordinary remedy not often granted. We received a memorandum decision from the EWGMHB Thursday, April 22. I will use that memorandum decision to draft a Final Order, which the Board will sign after the parties agree on the form (not necessarily the content). The Hearings Board ruled that Liberty Lake violated GMA by failing to get a population allocation from the County, and that failing this first step in the process, it was impossible to tell what the rest of the new Comprehensive Plan would look like. The Board specifically identified the way Liberty Lake went about it, saying "By choosing to ignore the adopted process and making up its own rules in completing its comprehensive plan, Liberty Lake has failed to comply with the GMA." The Board also ruled that "It is clear that the City [Liberty Lake] failed to prepare an adequate 6 -year plan for Capital Facilities. When boundaries are established and population allocations received, this must be done." anticipate that Liberty Lake will need at least 180 days to cure these issues, if not an entire year. RECOMMENDED ACTION OR MOTION: N/A BUDGET /FINANCIAL IMPACTS: N/A STAFF CONTACT: Cary P. Driskell, Deputy City Attorney ATTACHMENTS: Copy of the Memorandum Decision. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 v. CITY OF LIBERTY LAKE, WASHINGTON, a municipal corporation, LIBERTY LAKE SEWER & WATER DISTRICT, MEMORANDUM OPINION Case 03 -1 -0007 April 21, 2004 Page t State of Washington GROWTH MANAGEMENT HEARINGS BOARD FOR EASTERN WASHINGTON CITY OF SPOKANE VALLEY, WASHINGTON, a municipal corporation, Petitioner, Respondent, Intervenor. I. BACKGROUND Case No. 03 -1 -0007 MEMORANDUM OPINION On November 19, 2003, CITY OF SPOKANE VALLEY, by and through its attorney, Cary Driskell, filed a Petition for Review. On December 12, 2003, the Board received Liberty Lake Sewer & Water District's (the "District" or "Intervenor ") Motion to Intervene. The Board granted Liberty Lake Sewer & Water District's Motion to Intervene on December 23, 2003. On April 5, 2004, the Board held the Hearing on the Merits. Present were Judy Wall, Presiding Officer, and Board Members Dennis Dellwo and D.E. "Skip" Chilberg. Present for Petitioners was Cary Driskell. Present for Respondent was Brian T. McGinn. Present for Intervenor was Dawn Findlay. Eastern Washington Growth hvlanagernent Hearings Board 15 W. Yakima Avenue, Suite 102 Yakima, WA 98902 Phone: 509 -574 -66960 Fax: 509- 574 -6964 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 1. On April 11, 2001, The Steering Committee of Elected Officials (Steering Committee) made its recommendation to the Board of County Commissioners for the adoption of Urban Growth Areas for unincorporated Spokane County. This area included the territory that later was incorporated as the City of Liberty Lake. 2. On August 31, 2001, the City of Liberty Lake incorporated. 3. On November 5, 2001, Spokane County adopted its comprehensive plan establishing the UGAs and adopting population allocations for Spokane County. This designated the City of Liberty Lake as an incorporated UGA. 4. On September 16, 2003, Liberty Lake enacted Ordinance No. 118, which officially adopted the Comprehensive Plan (CP) of the City of Liberty Lake. 5. The City of Liberty Lake did not receive a recommended population allocation from the Steering Committee of Elected Officials, which had been established by Spokane County to "...make recommendations to the Board of County Commissioners for Urban Growth Area Adoption... ", nor did Spokane County provide a population allocation to the City of Liberty Lake prior to enactment of Ordinance No. 118. III. DISCUSSION Petitioners allege Liberty Lake, in adopting Ordinance No. 118 failed to fulfill the goals of the Growth Management Act regarding five major areas: 1. Proceeding without the official population allocation; 2. Public Participation; 3. Capital Facilities Plan (CFP); 4. County Wide Planning Policies (CWPP); and 5. State Environmental Policy Act (SEPA). The Board finds that the Respondent has not complied with Spokane County's CWPPs by their failure to receive a recommended population allotment from the Steering . Committee and the population allocation from the Board of County Commissioners prior to MEMORANDUM OPINION Case 03- 1-0007 April 21, 2004 Page 2 II. FINDINGS OF FACT Eastern Washington Growth Management Hearings Board 15 W. Yakima Avenue, Suite 102 Yakima, WA 98902 Phone: 509-574-6960 Fax: 509-574-6964 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 the adoption of their Comprehensive Plan. The Respondent cannot properly complete the reviews necessary and develop their Comprehensive Plan until the County allocates future population figures for the City. The Board cannot properly review the City's Comprehensive Plan until it knows the projected population of the City. Growth plans for a city depend upon the projected population. A final UGA can only be designated after an allocation of future population growth has been made. While we understand Liberty Lake's frustrations, they must follow the law. While the Board need not address each of the issues raised, it is important to express our concern on some. The City's public participation was extensive and we are pleased with their efforts to include all in the process. While the Board does not find them out of compliance on this issue, it is important to include as much as possible, all interested parties, including Spokane County, the City of Spokane Valley, and all special purpose districts within their boundaries. The Board acknowledges the City of Liberty Lake did-conduct a land use analysis pursuant to the CTED guidelines but only determined how many houses could go on "x" amount of acres. Spokane Valley asserts Liberty Lake failed to base its land capacity on urban governmental services and facilities. CWPP Urban Policy #3, provides as follows: Each jurisdiction will initially determine land capacity by that particular jurisdiction's ability to accommodate growth within current city limits or within unincorporated areas of the county using the Department of Community, Trade and Economic Development's guidelines for designating Urban Growth Areas..." CWPP Urban Policy #3 further states, "Jurisdictions shall use as primary criteria the availability and capacity of urban governmental services and public facilities." In determining how much additional population can be accommodated within an UGA, jurisdictions should first encourage new development in areas where all urban governmental services and public facilities currently exist and secondly encourage new development in areas where all urban governmental services and public facilities can be provided economically. Each jurisdiction shall accommodate its fair share of population growth based on its ability to provide urban governmental services and public facilities. New Eastern Washington Growth Management Hearings Board 15 W. Yakima Avenue, Suite 102 Yakima, WA 98902 Phone: 509-574-6950 Fax: 509-574-6964 MEMORANDUM OPINION Case 03 -1 -0007 April 21, 2004 Page 3 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 fully contained communities and master -plan resorts will be addressed through Spokane County's comprehensive plan and population allocation process. The Board agrees with the Petitioner that important information is missing as to whether governmental services and public facilities are available to serve the projected numbers. These projected numbers were not available and Liberty Lake did not execute a detailed 6- year facilities plan. Spokane Valley cites CWPP, Urban Policy #5(a): Each jurisdiction shall submit proposed interim and final Urban Growth Area (UGA) boundaries to the Steering Committee, including: a) justification in the form of its land capacity analysis and the ability to provide urban governmental services and public facilities; Liberty Lake did present their proposal to the Steering Committee. The Steering Committee put Liberty Lake's proposal on hold and the Mayor of Liberty Lake stated they would proceed with its self - established timeframe for finishing its comprehensive plan. Respondent's Brief pg. 29 Doc. D.6, at 000192. At the Steering Committee meeting the minutes reflect Commissioner McCaslin moved to postpone this item for further discussion and possible action at a later date. The motion was seconded by Councilwoman Rodgers. October 9, 2003, Steering Committee minutes reflect the concerns of County Commissioner McCaslin over the legality issue of Liberty Lake's comprehensive plan and stated they had not gone through the Steering Committee for a population allocation, that the Steering Committee did not recommend suggested Urban Growth Areas to the full Board of County Commissioners, and the plan had not been brought before the lead agency. Respondent's Ex. 000194. Liberty Lake protested the delay, but the Steering Committee set no timeframe to consider the matter. MEMORANDUM OPINION Case 03- 1.0007 April 21, 2004 Page 4 Eastern Washington Growth Management Hearings Board 15 W. Yakima Avenue, Suite 102 Yakima, WA 98902 Phone: 509-574-6960 Fax: 549-574 -6964 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 . 19 20 21 22 23 24 25 26 By choosing to ignore the adopted process and making up its own rules in completing its comprehensive plan, Liberty Lake has failed to comply with the GMA. It is vital to follow the adopted process and document the data from the analysis so Liberty Lake may proceed in finishing the comprehensive plan. This clearly was not done. The Board finds nothing in the record supporting the City of Liberty Lake's contention that it followed the adopted process outlined in the County Wide Planning Policies. It is clear that the City failed to prepare an adequate 6 -year plan for Capital Facilities. When the boundaries are set and population allocations received, this must be done. The Board in remanding Ordinance No. 118 has no knowledge of what the new comprehensive plan will look like. The City of Liberty Lake may or may not need to revisit the SEPA review process. We cannot pre -judge the issue of SEPA. As to invalidity, the Board finds the Petitioner did not carry its burden of proof. The Board directs Petitioner's counsel to draft a proposed Final Decision and Order reflecting the decision in this Memorandum Opinion and incorporate the rulings herein for the Board's consideration. The Board directs counsel to provide the draft to the Board and parties by May 7, 2004. Respondent and Intervenor may respond to the Board by May 12, 2004, with any comments. SO ORDERED this 2 day of April 2004. EASTERN WASHINGTON GROWTH MANAGEMENT HEARINGS BOARD MEMORANDUM OPINION Case 03 -1 -0007 April 21, 2004 Page 5 i• and Member rr ar Dennis Deliwo, Board Member " Chilberg ember Eastern Washington Growth Management Hearings Board 15 W. Yakima Avenue, Suite 102 Yakima. WA 98902 Phone: 509-574-6960 Fax: 509 - 574 -6904 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 State of Washington GROWTH MANAGEMENT HEARINGS BOARD FOR EASTERN WASHINGTON CITY OF SPOKANE VALLEY, WASHINGTON, a municipal corporation, v. Petitioner, CITY OF LIBERTY LAKE, WASHINGTON, a municipal corporation, LIBERTY LAKE SEWER & WATER DISTRICT, Respondent, Intervenor. Case No. 03 -1 -0007 CERTIFICATE OF SERVICE I am a citizen of the United States of America; I am over the age of 18 years and not a party to the within entitled action; am an employee of this board and my business address is 15 West Yakima Avenue, Suite 102, Yakima, Washington 98902. On this date, I mailed a true copy of MEMORANDUM OPINION, in the above entitled matter, to each of the persons listed below by placing a true copy thereof in a sealed envelope with postage thereon fully prepaid, in the United States mail at Yakima, Washington as addressed herein: Cary Driskell City of Spokane Valley Deputy City Attorney 11707 E. Sprague, Suite 106 11707 E. Sprague, Suite 106 Spokane Valley, WA 99206 Spokane Valley, WA 99206 Eastern Washington Growth Management Hearings Board 15 W. Yakima Avenue, Suite 102 Yakima, WA 98902 Phone: 509- 574 -6960 Fax: 509-574-6964 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 Steve Peterson, Mayor 1421 N. Meadowwood Ln., Suite 120 Liberty Lake, WA 99019 Brian McGinn 601 W. Riverside, Suite 1900 Spokane, WA 99201 Dawn Findlay P.O. Box C -90016 Bellevue, WA 98009 -9016 1 certify under penalty of perjury, that the foregoing is true and correct. DATED this 21 day of April 2004, at Yakima, Washington. , - Angie Andreas Eastern Washington Growth Management Hearings Board 15 VV. Yakima Avenue, Suite 102 Yakima, WA 98902 Phone: 509-574-6960 Fax: 509 - 574 -6964 M EMO WITHERSPOON, KELLEY, DAVENPORT & TOOLE, P.S. TO: Mayor and Members of the City Council Cc: Dave Mercier, City Manager Tom Scholtens, Building Official Nina Regor, Deputy City Manager and Cary Driskell, Deputy City Attorney FROM: Stanley M. Schwartz, Interim City Attorney DATE: April 22, 2004 RE: Contractor Registration Act 1. INTRODUCTION During the public comment section of the Council Agenda, the following question was asked. H. QUESTION Does the State require a person or firm to be licensed in order to change copy on a sign. 111. ANALYSIS Washington Law through RCW 18.27.010 requires contractors who do work to register with the State of Washington. It is a misdemeanor if a contractor fails to register. RCW 18.27.020. A "contractor" is a person or firm who offers to: RCW 18.27.010(1). The Registration Act (RCW Chapter 18.27) exempts the following: RCW 18.27.090(5). construct, alter, repair, add to, subtract from, improve, move, wreck or demolish, for another, any building, ... or structure, project, development or improvement attached to real estate... (5) The sale or installation of any finished projects, materials, or articles of merchandise that are not actually fabricated into and do not become a permanent fixed part of a structure The above subsection was the subject of Harbor Millwork Inc.. v. Achttien, 6 Wn.App 808 (1972) which considered subsection (5) in relation to a contractor installing doors, handrails and custom made cabinets in a new home. The items were fabricated by Harbor Millwork and were, in part, C:\Documents and Setting lcbainbridge\Local SettingsiTemporary Internet Files1OLK6A1t1temo Scholtens Building Official 04- 22 -04.doc installed by employees of Harbor Millwork. The above items were affixed to the home. The issue was whether Harbor had to be registered as a contractor. The Court held it did not. Id. at 815. Relying upon a California case, the Court reviewed a similar situation where a contractor had installed kitchen cabinets, a dishwasher and a sink. The California Court held that the cabinets were prefabricated and a finished product but did not become a permanent fixed part of the defendant's kitchen. The Court further found that the minor plumbing and electrical wiring was a necessary part of the installation of the cabinets. However, the Court held that whether a particular installation came within the above exception was a question of fact. In the California case, the Court held that the fixtures did not become a permanent part of the premises. In Harbor Millwork the Court stated that when interpreting the requirements ofRCW 18.27.090(5) "fabricate into" means something other than mere attachment. A supplier who actually installs finished products is required to perform a certain amount of fabrication to make the product operational or functional. Nevertheless, the contractor is exempt unless the finished product is actually "fabricated into" and becomes a "permanent fixed part of a structure." The Court stated that there is no easy formula to determine whether something has or has not been fabricated into and permanently affixed. In the case of changing copy on a sign, I believe, the analogy to installing kitchen cabinets in a home is appropriate. Periodically sign copy is replaced, as are cabinets or other fixtures that are installed within a structure. Therefore, it is reasonable to conclude that a contractor who installs new sign copy (or new cabinets) but does not modify the actual sign (or home) is not a "contractor" within the operation of the Contractor Registration Act. I caution that "each case must be decided on its own facts." Harbor Millwork, 6 Wn.App at 816. I hope the above is helpful. C:1Dacumcnts and Settingskbainbridge\Locaf Settingslremparary Internet Files1OLK6A1Memo Scholtens Building Official 04- 22 -O4.do Spokane Valley Planning Commission DRAFT Minutes Council Chambers — City Hall 11707 E. Sprague Ave. April 8, 2004 I. CALL TO ORDER Planning Commission Chair Gothmann called the meeting to order at 6:33 p.m. 11. PLEDGE OF ALLEGIANCE The Commission, audience, and staff recited the Pledge of Allegiance. III. ROLL CALL Fred Beaulac — Present Bob Blum — Present David Crosby — Present Gail Kogle — Present 13i11 Gothmann — Present Ian Robertson — Present John G. Carroll — Present IV. APPROVAL OF AGENDA Commissioner Robertson moved that the April 8, 2004 agenda be approved as presented. Conunissioner Blur: seconded the motion. Motion passed unanimously. V. APPROVAL OF MINUTES It was moved by Commissioner Crosby and seconded by Commissioner Robertson that the minutes of the March 11, 2004 Planning Commission meeting be approved as presented. Motion passed unanimously. VI. PUBLIC COMMENT There was no public comment. VII. COMMISSION REPORTS Commissioner Carroll suggested that staff develop a pamphlet explaining the Comp Plan Community Meeting process; including subject matter, length of time, number of participants, etc. The pamphlet could be given to citizens who are trying to determine if their meeting facility would be suitable for our purposes. He also suggested that staff contact Pastor David at Christ Lutheran Church on the comer of Broadway and McDonald. . Commissioner Blum attended a City Council meeting recently where a new Couplet option, #2A, was discussed. The discussion was moved to the April 27 Council meeting. Commissioner Robertson commended staff on the excellent results of the first Comp Plan Community Meeting at Redeemer Lutheran Church on March 25th._ DRAFT DRAFT Commissioner Kogle attended the Spokane Valley Chamber of Commerce Local Government Committee meeting last Tuesday. Spokane Transit Authority spoke to the Valley about the importance of an increase in sales taxes to keep the transit system functional. On Monday night, she attended the Light Rail Citizens' Advisory Committee meeting. A dimensional computer display of how the consultant's Light Rail project would be designed to interact with a City Center in the University area was previewed. Commissioner Beaulac attended a Spokane Building Blocks meeting at the Spokane City Hall on April 3` The future of land use, including everything from open spaces to alleyways, was discussed. Next month's meeting will focus on the environment. Chairman Gothmann encouraged Commissioners to access minutes from the past several City Council meetings on the Valley's new website. He attended a Weed & Seed meeting at Pratt Elementary for the Edgecliff neighborhood and learned of some interesting new concepts in neighborhood crime prevention. Commissioners were encouraged to pass out flyers in advance of the next Comp Plan Community Meeting at Pratt Elementary on Wednesday, April 21 VIII. ADM.ENISTRATIVE REPORTS Ms. Sukup notified the Commission of several upcoming events scheduled for their participation: Wednesday, April 14` 3:00 p.m. - "Conversation with the Community" at the Spokane Valley Senior Center. Tuesday, April 20 12:00 noon — "State of the City" address at Percy's Decades Banquet Room, $20.00 per person for the luncheon, R.S.V.P. (Commissioners Gothmann and Kogle R.S. V.P'd with Ms. Sukup) Tuesday, April 20"', 6:00 — 8:00 p.m. — Community Meeting: Wastewater Issues Open House. Ileld in the Central Valley School District Board Room. Wednesday, April 21", 6:30 — 9:00 p.m. — Comp Plan Community Meeting. Pratt Elementary School on the corner of 4 and Coleman. Thursday, April 29 12:00 noon — Joint Planning Commissioner's Regular Luncheon. Public Health Building. Tuesday, May 18 6:00 — 8:00 p.m. — Media Training Session with City Council. Spokane Valley City Council Chambers. 2 DRAFT DRAFT The City Council has approved the formation of an Ad Hoc Sign Committee. It will consist of two members who are representatives of the sign business community, two members representing the general business community, two members representing the citizens of Spokane Valley, and one Planning Conunission member. Commissioners Kogle and Crosby are interested in serving on this committee. The Commission will appoint its member at the next meeting. A hearing was held on Monday, April 5` regarding Liberty Lake's charges that the City of Spokane Valley didn't follow proper procedures for adoption of the 2003 Comp Plan Amendments. A second public hearing at the City Council level will be held on the seven Comp Plan Amendments in the near future. IX. COMMISSION BUSINESS A. OLD BUSINESS: There was no Old Business. B. NEW BUSINESS: Study Session on street vacation request #STV- 01 -04. Current Planning Manager, Kevin Snyder, presented an overview of the City's first street vacation application. File Number STV -01 -04 is a request by Kurt and Mandee Vigessa (Parcel No. 35243.1041) and Gene and Lana Balch (Parcel No. 35243.1014) to vacate a portion of the 15 Avenue public right- ol-way abutting their parcels. Application was originally submitted to Spokane County in December 2002, and the applicants have been extremely patient during the transition of land action applications from the County to the City of Spokane Valley during the past year and a half. This presentation was intended to be the Commission's introduction to the application. A public hearing will be held at the May 13, 2004 Planning Commission meeting. Street vacation applications return public right-of-way property to the tax roles. City Ordinance #04 -002 states that abutting private property owners can be charged for the return of the land to private property. Cost of land is determined by the City on a case -by -case basis. Initially, one half of the property will go to each landowner. After the applicants purchase their share of the property, then they can privately decide how to divide it. If desired, a lot line adjustment can be filed. The Planning Commission will act as a recommending body to the City Council on street vacation matters. The Commission held a break from 7:23 to 7:37 p.m. 3 DRAFT DRAFT Public IIearing — Section 9.05 Uniform Development Code, Grading & Excavation. Tom Scholtens, City Building Official, provided a brief update on this draft ordinance for regulation of earth work in the City of Spokane Valley. A Grading Ordinance establishes the base line for the preparation of building sites, parking lots and earthen berms. It complements the City's Stormwater and Flood Plain Ordinances as well. The draft ordinance has been reviewed by the City's Senior Engineer, John Hohrnan, P.E., and was sent out to numerous public agencies for review and comment. Mr. Scholtens received a response from Mr. George Twiss (a copy was distributed to Commissioners at the meeting and is attached as part of the public record), Administrator for the Board of Registration for Professional Engineers and Land Surveyors for the State of Washington, suggesting some clarifications and changes to the proposed ordinance. Mr. Hohrnan has agreed that Mr. Twiss' recommendations be incorporated into the draft ordinance before City Council review. In addition, Mr. Scholtens wishes to add a septic tank elimination program as an exception to requiring a permit in Section 9.05.03, #7. Commissioner Gothmann suggested the following edits and changes: Section 9.05.03 Exempted Work, #3: Change the statement to read: " do not exceed than three foot in depth and are fully lined with an approved synthetic pond liner." Section 9.05.05 HAZARDS: Delete the typo at the end of item "a ". Section 9.05.06 DEFINITIONS: Change the definition of SLOPE to read: "SLOPE is an inclined ground surface the inclination of which is a ratio of hefiz®ntal vertical distance to vertieal horizontal distance, expressed as a percentage. The Commission discussed details of the proposed ordinance with Mr. Scholtens, but decided not to make further changes. There was no public comment on the proposed ordinance. Commissioner Kogle moved that the Planning Commission approve the proposed Grading & Excavation Ordinance as presented, inclusive of the additions and corrections proposed by Mr. Ttviss, Mr. Scholtens and Mr. Gothmann, for recommendation to City Council. Commissioner Blum seconded the notion. Motion passed unanimously. DRAFT DRAFT Discussion of Comprehensive Plan Natural Environment Chapter Draft. Long Range Planning Manager, Greg McCormick, presented an overview of the first draft of the City's Comp Plan Chapter 8: Natural Environment. Throughout the next several months, staff plans to bring the first draft of each Comp Plan chapter to the Planning Commission for review of the dominant issues in each element, and to identify important issues that may not yet be addressed. In August, staff will complete a working draft of the plan. Additional Comp Plan Community Meetings will be scheduled in August and September for feedback on the working draft. Then a hearing draft will be brought back to the Planning Commission and the final draft of the Comp Plan will be completed through the public hearing process. Ms. Sukup encouraged the Planning Commission to work with priorities at this stage. Mr. McCormick explained that the maps pertaining to this chapter are missing, and are presently being constructed by a part -time G.I.S. specialist for inclusion in the working draft. Some environmental issues the Commissioners wish to have the plan address: • Preservation of private forests and native trees in the Spokane Valley; • Logging of private land; • Keeping up with the latest environmental sciences; • The mention of specific geographic areas, e.g. Chester Creek; • Joining with contiguous areas to preserve the environment; • Mention of the gravel pit — possibly under the implementation strategy. Staff could include a special section that indicates its knowledge that the gravel pit is something the City will have to deal with within the scope of this plan. X. FOR THE GOOD OF THE ORDER Nothing was discussed. Xl. ADJOURNMENT There being no further business, the meeting was adjourned at 9:10 p.m. SUBMITTED: APPROVED: Debi Alley, Administrative Assistant William H. Gothmann, Chairman 5 Spokane County Library District Spokane Valley Library Services and District Support Report to the City of Spokane Valley March 2004 Note: This report was excerpted from the March 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 Much to the puzzlement of staff, several use measures continue to be lower than last year at this date. Circulation is down 4 %, although that's better than last month's minus 7 %. It's down at every branch except Deer Park (where it's marginally higher) and in Outreach, where there's a 13% increase. On the other hand, online renewals over the web are up 120 %! Self- checkout stations accounted for about 35% of Valley's circulation during March, and 40% for North Spokane's. In the self- service category, customer- placed holds year -to -date total 41,928, compared to 25,092 placed for customers by staff. Also year -to -date, there were 36,884 database searches and 14,531 retrievals. One possible explanation for the circulation drop is increasing customer use of the Internet and online databases as information sources. Others include the reduction m the checkout period to three weeks, resulting in customers checking out less at one time and the increasing number of customers who place holds from home and come in to pick up materials rather than browsing. The reduction in Otis Orchards' hours and elimination of the Liberty Lake customer base accounts for much of that branch's drop in use. Other measures in the negative column are reference inquiries (-15%) and meeting room bookings ( -6 %). On the plus side, the door count is up 1 %, Internet bookings 16 %, and program attendance 13 %. Selected March 2004 Statistics Circulation Door count Reference Inquiries YID YID to 2003 Program Attendance YTD YTD to 2003 Internet Bookings YTD to 2003 YTD Yl`D to 2003 ¥TD YID to 2003 YTD Total SCLD 471,88 - 49 228,50. +1% 64,00; - 16% 11,26 + 139 46,17 + 16% Valle' 136,15 - 991 64,31 - 5% 20,59! -181 1,98' + 4'Y 15,52 +13% Argonne 31,45: -14 19,731 -11% 3,33( -19 °f 45 + 65( 3,40 + 3,i Oti: 25,52; -169 11,42 - 21 1,91; - 479( 411 -179E 2,05 - 69i Subtota 1.93,1.3" - 11° 95,475 - 9.69 25, - 21.6% 2,85r + 0.5 °h 20,98 + 9.3% % SC A. 40.9% — 41.84 -- 40.4° -- 25.3 ,4 -- 45.4 -- Spokane County Library District Spokane Valley Library Services and District Support Report to the City of Spokane Valley March 2004 Note: This report was excerpted from the March 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 Much to the puzzlement of staff, several use measures continue to be lower than last year at this date. Circulation is down 4 %, although that's better than last month's minus 7 %. It's down at every branch except Deer Park (where it's marginally higher) and in Outreach, where there's a 13% increase. On the other hand, online renewals over the web are up 120 %! Self- checkout stations accounted for about 35% of Valley's circulation during March, and 40% for North Spokane's. In the self- service category, customer- placed holds year -to -date total 41,928, compared to 25,092 placed for customers by staff. Also year -to -date, there were 36,884 database searches and 14,531 retrievals. One possible explanation for the circulation drop is increasing customer use of the Internet and online databases as information sources. Others include the reduction m the checkout period to three weeks, resulting in customers checking out less at one time and the increasing number of customers who place holds from home and come in to pick up materials rather than browsing. The reduction in Otis Orchards' hours and elimination of the Liberty Lake customer base accounts for much of that branch's drop in use. Other measures in the negative column are reference inquiries (-15%) and meeting room bookings ( -6 %). On the plus side, the door count is up 1 %, Internet bookings 16 %, and program attendance 13 %. Selected March 2004 Statistics March Registered Customers by Branch of Registration At branches serving Spokane Valley residents... Regionally: Karen Byrne, a librarian currently working in Pennsylvania (and for SCLD youth services 1969 -1971 and Deer Park high school librarian for several years after that), has accepted the Region II adult services supervisor position; on the flip side, Region I youth services supervisor Sue Peterson has submitted her resignation to assume ownership of the Children's Corner Bookshop. Argonne: Our display rack has materials and books promoting the Get Lit! festival on one side and books with a blue theme on the other; the Tax Aide program continued, and will finish up in April; a bag of vomit was retrieved from the book return; adult nonfiction weeding was finished; on the last day of the month, we had a pizza themed story time complete with pizza and juice, sponsored by our Friends of the Library group; staff from throughout the District continued to fill in during branch supervisor Judy Luck's extended medical leave and staff vacations. Otis Orchards: In another book drop incident, garbage and a latte- looking liquid were dumped in, with all but two of the items in the drop salvaged; to practice making newspaper hats for her upcoming storytime, Kathy produced hats for the staff so it was suddenly Spontaneous Hat Day — resulting in lots of spontaneous smiles; we are still getting a small trickle of Liberty Lake first time card purchasers. Valley: The orders were placed for the furniture, wall covering, and carpet changes in the children's area made possible through a combination of donated funds and District funds; shelving was reconfigured in the picture book area; we installed a new microform reader /printer that is computer driven, replacing 2% machines that were extremely unreliable and were in constant state of "not quite working right;" we have arranged to have a "picture hanging molding" attached to the mezzanine wall for the Spokane Valley art association to use to hang works of local artists, starting in April as part of our National Library Week celebration. Outreach: The Spring newsletter was sent out to customers, all 37 pages of it; as part of the new large print book rotation plan, we sent the new books from the Winter catalog to Valley for six months to get some extra exposure; the flyers that we gave to Spokane Valley Meals -on- Wheels have generated a few new customers, and we also connected with someone whose daughter talked with SCLD staff at the Spokane Valley Business Fair; quote o' the month: "Don't make love in Russia standing up." (Apparently, that's how one of our customers broke her leg while riding the Trans - S.iberia train, in her 70's!) Total % Adult % Youth Total 108,44, SCLI7 72% 28% Valle) 37,39 75% 25% Argonni 10,03 75% 25% Oti 6,291 64% 36% Subtota. 53,71 N/A N/A SCLL 49.5 — -- March Registered Customers by Branch of Registration At branches serving Spokane Valley residents... Regionally: Karen Byrne, a librarian currently working in Pennsylvania (and for SCLD youth services 1969 -1971 and Deer Park high school librarian for several years after that), has accepted the Region II adult services supervisor position; on the flip side, Region I youth services supervisor Sue Peterson has submitted her resignation to assume ownership of the Children's Corner Bookshop. Argonne: Our display rack has materials and books promoting the Get Lit! festival on one side and books with a blue theme on the other; the Tax Aide program continued, and will finish up in April; a bag of vomit was retrieved from the book return; adult nonfiction weeding was finished; on the last day of the month, we had a pizza themed story time complete with pizza and juice, sponsored by our Friends of the Library group; staff from throughout the District continued to fill in during branch supervisor Judy Luck's extended medical leave and staff vacations. Otis Orchards: In another book drop incident, garbage and a latte- looking liquid were dumped in, with all but two of the items in the drop salvaged; to practice making newspaper hats for her upcoming storytime, Kathy produced hats for the staff so it was suddenly Spontaneous Hat Day — resulting in lots of spontaneous smiles; we are still getting a small trickle of Liberty Lake first time card purchasers. Valley: The orders were placed for the furniture, wall covering, and carpet changes in the children's area made possible through a combination of donated funds and District funds; shelving was reconfigured in the picture book area; we installed a new microform reader /printer that is computer driven, replacing 2% machines that were extremely unreliable and were in constant state of "not quite working right;" we have arranged to have a "picture hanging molding" attached to the mezzanine wall for the Spokane Valley art association to use to hang works of local artists, starting in April as part of our National Library Week celebration. Outreach: The Spring newsletter was sent out to customers, all 37 pages of it; as part of the new large print book rotation plan, we sent the new books from the Winter catalog to Valley for six months to get some extra exposure; the flyers that we gave to Spokane Valley Meals -on- Wheels have generated a few new customers, and we also connected with someone whose daughter talked with SCLD staff at the Spokane Valley Business Fair; quote o' the month: "Don't make love in Russia standing up." (Apparently, that's how one of our customers broke her leg while riding the Trans - S.iberia train, in her 70's!) \_ : ' COLLECTION SERVICES Library materials • We added 5,657.items to the collections. However, 9,451 items were withdrawn in branches, so we continue to have a negative collection number for the _year. • New standing orders for adult audiobooks were started with Blackstone and Recorded Books. • We have been adding undeliverable -by- the -LISPS music CDs to the adult collection and publisher gifts to the youth collections. We've also added adult book and audiobook gifts. Miscellaneous • The District's interlibrary loan services (in the person of ILL clerk Barb Berreman) are moving from Valley to Collection Services in the administrative offices at the beginning of April. This will allow closer coordination with other collection- related operations under Lyn Dedas's purview. • Youth services coordinator Thom Barthelness and technical services coordinator David Girshick addressed the SFCC Library Tech class about selection and all the collection services processes when they toured collection services. COLLECTION SERVICES ADMINISTRATION Moran Prairie project Three Spokane firms were interviewed for the Moran Prairie project; the Project Committee recommended and the Board of Trustees approved the selection of ALSC Architects. The contract was prepared for signature by the end of the month. I worked with Principal -In- Charge Steve Walther on a project schedule that includes a "field trip" to two Richmond, B.C. branch libraries on April 16 to see how their cutting edge services affect building and interior design. The ALSC team and four SCLD staff and trustees will make the trip. CIPA compliance implementation The last of the glitches related to implementing the new Internet filtering policy were worked out and full implementation was in place on March 1, including filtering of staff computers when requested. I'm not aware of any customer comments about the changes or the letter that was sent to parents of children who were allowed unfiltered access under the old system. Budget With the first mid -year budget review, the net of expenses over revenues in the approved 2004 budget revision was down to the $40,000 range, due in large part to a couple of one -time revenues. Liberty Lake's late 2003 payment of $98,000 is considered 2004 revenue even though it's for 2003. We'll also be reimbursing the General Operating Fund from the bond sale proceeds for the Moran Prairie LCFA project expenses that we fronted in 2003. In terms of longer -term sustainability, when one -time revenues and one -time expenses are removed, the shortfall is currently about $110,000. Classification and compensation study Preliminary work is under way for the classification and compensation study that was postponed from last year. It will be done once again by consultant Fred Owen, who did the District's original study in 1992 and a follow -up in 1999. The purpose of the study is to assure that positions are classified in correct salary ranges and that District salaries are competitive with their appropriate labor market. At the March managers and supervisors meeting, FIR manager Paul Eichenberg did an overview of classification and compensation system design and then consultant Fred Owen provided a more detailed explanation of the process he'll be following here. GOVERNANCE City of Spokane annexation agreement Spokane Public Library director Jan Sanders and I discussed provisions for the Moran Prairie annexation mitigation agreement and easily came to agreement on an approach. I've sent the details to Jim Sloane for inclusion in a draft agreement that he'll complete by the end of the month. The Legislature The 2004 legislative session ended on schedule on March 11. Unfortunately, the effort to amend parks districts and library districts into a cemetery district multi-year excess levy bill wasn't successful. Actually, none of the bills that I had included in my weekly memos made it through both houses. WLA's Legislative Planning Committee will meet in May to assess the last session, look forward to the 2005 session, and determine what might be done in the interim to prepare for it. Initiative 864 With regard to the impact of the approval of Initiative 864 on libraries that would be affected, a group of public library directors is working on a budget exercise template that can be used by libraries with citizens to help them understand and provide input to boards about types of choices that would need to be made with a revenue.cut of 25 %. A March 22 letter from the Spokane County Assessor's Office included the text of the initiative, the Department of Revenue question /answer memo, and the impact on local taxing districts. SCLD is among the taxing districts showing no impact because of prior levy lid lifts. However, this isn't the case for some other library districts in the state that have had levy lid lifts, making the situation regarding the initiative's actual impact more confusing than it already is. GOVERNMENT RELATIONS City of Spokane Valley Regional manager Ellen Miller spent about two hours early in the month with administrative analyst Morgan Koudelka touring Valley Library and answering his questions. LSSI vice- president Bob Windrow spent about two and a half hours with Ellen and me later in the month. Deputy city manager Nina Regor and administrative analyst Morgan Koudelka were also present. The purpose • of the visit was to obtain information needed for preparation of an I SSI proposal to "privatize" Spokane Valley library services. We spent some time in my office talking about library districts in general and SCLD, toured our support services operations, and then toured the Valley Library building, including outreach and IT. Mr. Windrow made several positive comments about what he saw and heard. He met the following day with city staff. The Spokane Valley Library Capital Facilities Planning Advisory Conunittee (heretofore referred to as the SVLCFPAC) had its first meeting. I reviewed SCLD facilities plans since the 1980s, the goals for this process, how the planning will take place, the schedule, and the telephone survey questionnaire. We also discussed the public input process. Work on the telephone survey questionnaire was completed, it was tested, and calling began in late March, with fieldwork (calling) to be completed by the end of the first week of April, and the final report at the end of the month. The full survey takes about 15 minutes of time; less when questions are inapplicable to a respondent (e.g. those relating to children if there are none in the home). COMMUNICATIONS Communications specialist Beth Gillespie began work on March 1 a.nd. hit the ground running, Jumping right in to several projects such as the annual report, three photo shoots to get "stock" photos of people using our libraries for use in displays and publications, Spokane is Reading publicity planning, and self- checkout publicity. Other activities included — • Coordinating planning for the April 15 regional chamber after hours event. • Updating the SCLD display board. content. • Preparing several .news releases and working with three newspaper reporters on stories. • Working with the Spokane Is Reading committee on publicity materials. COMMUNITY RELATIONS • Beth Gillespie and I attended the monthly regional chamber networking breakfast, which included the State of the County address, and the monthly Valley chamber breakfast the following Friday. • An estimated 110 people stopped by our Spokane Valley Business Fair table on the 24th. Beth and graphic designer Ann Torpie prepared and set up the display. • The Spokane Valley Chamber of Commerce public policy committee meeting featured four members of the state legislature responding to questions about the last session. HUMAN RESOURCES • One position (Region II adult services supervisor) was filled and advertising was underway for two vacancies. • HR manager Paul Eichenbere and two managers had a telephone conference with Dr. Rick Brinkman, our Staff Day keynote speaker. He will present "Conscious Conununication: How to Bring Out the Best in People at Their Worst." • We're exploring criteria for the new "Fish Awards ", as well as revisiting the criteria for the TEAM award and the Reaching for Excellence award • Classification and compensation study consultant Fred Owen visited in late March, at which time he made a presentation to managers and supervisors on the mechanics of the study and set up the schedule for group meetings with staff in late April. INFORMATION TECHNOLOGY • The Windows XP rollout was completed on February 22. • The second half of March was dominated by a major network problem that occurred on the 24 °i The net result was that the active directory structure (users, policies and permissions for the staff computers) had to be rebuilt. All of the staff computers using the new SOL domain had to be reestablished on the domain. The server crash resulted in many hours of work including two nights and a weekend. Almost everything was restored by the end of the month. Given the severity of the problem, the impact on staff was very limited. Customers didn't notice a thing. • Two self - checkout stations were installed at North Spokane, as well as a new, faster, network printer to serve the AIlData station and two PACs. • CIPA filtering scripts were completed for staff and adjustments made to keep us in line with our WebSense licensing limitations. ■ Winter e-rate reimbursement filings were finalized. FINANCE, PURCHASING, FACILITIES ■ The boiler replacement project in the Argonne building has been completed. • The systems analysis for the Abra IUR & Payroll Suite has been competed. • The first mid -Year #1 budget review was completed, with revision recommendations presented to the Board of Trustees at the March meeting. • Business manager Bill Sargent is working on the 2003 financial reports and preparing the annual financial report for submittal to the State Auditors Office. Attendance: Councilmembers Michael DcVleming, Mayor Diana Wilhite, Deputy Mayor Dick Denenny, Councilmember Mike Flanigan, Councilmember Rich Munson, Councilmember Gary Schimmels, Councilmember Steve Taylor, Councilmember - NOTES SPECIAL ME ETING/WORICSHOP SPOKANE VALLEY CITY COUNCIL. WASTEWATER ISSUES PUBLIC OPEN HOUSE DISCUSSION April 20, 2004, 6:00 — 8:00 p.m. Staff Dave Mercier, City Manager Nina Regor, Deputy City Mgr Neil Kersten, Public Works Director Ken Thompson, Finance Director. Stanley Schwartz, City Attorney Cary Driskell, Deputy City Attorney Tom Scholtens, Building Official Steve Worley, Sr. Engineer for CLP Debi Alley, Administrative Assistant Chris Bainbridge, City Clerk (and approximately 35 citizens) Mayor DeVleming welcomed everyone to the meeting, acknowledged and introduced the Spokane Valley Councilmembers, Mayor Peterson from Liberty Lake, and Spokane Valley staff members; and said that this issue is probably the most dynamic issue being faced in this region, and that it is his hope to have future open house meetings in various parts of the City. Councilmember Munson commented that he continues learning about this topic on a daily basis from a myriad of sources; that some facts to remember are that the City of Spokane Valley does not own the sewer system in the county; that we could not get such a plant started in time before reaching maximum capacity; and that he hopes this meeting will result in a meeting of the minds, to accept what is, and move forward with what we have to work with and not worry about what we don't have. Neil Kersten: explained that we will not be able to discuss all topics in depth and he referred to the various handouts at the table; he said he would discuss the permitting aspect, Stanley Schwartz would discuss the legal aspect, Ken Thompson would discuss the financial aspect, and then people would divide into groups to come up with main issues and recommendations on how to resolve the issues. Mr. Kersten then introduced City Attorney Stanley Schwartz. Stanley Schwartz: went over his fact sheet on "Legal Issues Regarding Ownership and Operation of a Wastewater Collection and Treatment Facility." Mr. Schwartz also mentioned staff is working on an interlocal agreement, draft copies of which are available on the table, but that document will not be discussed tonight. Mr. Schwartz said that the issues presented tonight appear to be the issues raised at various city council meetings and other presentations, and that if we attempted an involuntary transfer, judicial intervention would be highly likely. Ken Thompson: discussed his fact sheet, and said that it is very difficult to project what would happen to rates or costs; and that there are many questions which remain unanswered concerning:a plant; such as where it will be situated (within the City limits or without), and who would own and operate the plant. Mr. Thompson went over the assumptions as shown on his PowerPoint, and said that more detailed information would be needed in order to test these assumptions and estimates. Notes, 4 -20 -04 Wastewater issues Public Open House Meeting Page 1 of 3 Neil Kersten: briefly explained the chain of events to date, and added that he has been working with the County on an interlocal agreement which includes ownership, operation, maintenance, planning, design and construction of sewers, and capacity. Mr. Kersten said that previously the Department of Ecology indicated they would issue the required five -year discharge permit, only to be informed later by the EPA that such permit would not be issued; that Spokane Valley, City of Spokane, and Spokane County are working together to build a plant, and that the Playfair site is a possible site. Mr. Kersten said that an Environmental Impact Study has been conducted on the site and the 100+ page document is available on the County's website for those interested. Mr. Kersten explained that the EPA has agreed to attend a Spokane River wastewater permitting work session May 4. Mr. Kersten also explained thc proposed timeline of events, as noted in the PowerPoint presentation. In summary, Mr. Kersten said the issue facing us now is, how to move ahead, and what decisions to make to resolve the wastewater capacity for the city. Mr. Kersten opened the floor for questions. The following is a synopsis of staff's answers to questions: There is nothing in writing from EPA, which is one of the purposes of the May 4 meeting. Actual construction of the plant is estimated at three years, with over two years to get a contractor and develop the plant's design. It is unknown how long it will take DOE and EPA to issue final requirements. Once we hit capacity with the current plant, a building moratorium could be issued. DOE wants us to work as a region; when DOE finally issues its regulations, the river will have a load it can handle and all groups will work together to understand thc issue and the final requirements — and all will have to share the river requirements to keep the levels at whatever is finally determined. There has not been detailed discussion with the County about Spokane Valley taking over our part from the County. Before citizens broke into groups to discuss issues and recommendations, Mr. Kersten reminded everyone to please complete and return the questionnaire. RESULTS OF GROUP DISCUSSIONS FACT: The Spokane River is a Federal Waterway. ISSUES: 1. Cost of building plant. Cost to City, and additional cost to taxpayers. 2. Timing of building plant: Risk of doing this prematurely. If we don't start it, we reach capacity before we're ready. If we do start — do we risk creating problems with EPA? 3.Ownership: Who runs/operates the plant and how do we share costs? Who is participating in ownership? If we do have more than one owner — how do we come to an agreement? • 4. The economy of Spokane County (Spokane Valley as well as the City of Spokane) will depend on getting a plant built in the near future. 5. EPA /DOE obstructionism needs to be resolved. PENDING QUESTIONS: 1. After we find a regional solution, can we own our portion of the new plant on a `_joint venture" basis? 2. Would a "joint venture" ownership eliminate the possibility of low percentage? 3. Is a high quality river a Tong -term economic benefit'? 4. While we are waiting for the answer to the above questions, can we take over the collection system in the Valley and start building a reserve? Notes, 4 -20 -04 Wastewater Issues Public Open House Meeting Page 2 of 3 5. Are we building (proposing) a plant with enough capacity? Would it not be less expensive to plan for a larger capacity plant now, rather than later? 6. Where do we build the plant if we can't use the river? 7. Why can't the government review time be shortened? 8. Will we need to stop adding areas to the current sewer system or stop adding building permits before 2009? RECOMMENDATIONS: 1. Secure a permit before building. Look at securing planning money from state /federal sources. 2. Enter into partnership agreements instead of going it alone: The more it costs, the more we need partnerships. Work with other municipalities up and down the river. Collaborate with Spokane County, City of Spokane and City of Liberty Lake. Regional cooperation to resolve issues which affect permitting. 3. Build additional contingencies into the timeline (e.g. getting final permit, negotiating final rules). WRAP -UP: After going over the results of the group discussions, Mr. Kersten thanked everyone for attending and participating, and said that as we have more meetings, we will try to get more information available on the City's wcbsite. The meeting ended at 8:05 p.m. ` -J Respectfully submitted, Christine Bainbridge, CMC Spokane Valley City Clerk Notes, 4 -20 -04 Wastewater Issues Public Open House Meeting Page 3 of 3 Spode Valley Memorandum To: David Mercier, City Manager, and Members of Council From: Nina Regor, Deputy City Manager Date: April 27, 2004 Re: Monthly Report — Summary of April 2004 Activities 11707 E Sprague Ave Suite 106 • Spokane Valley WA 99206 509.921.1000 ♦ Fax: 509.921.1008 • cityhatl ©spokanevalley.org Contract Negotiation and Administration • Library Services. The second meeting of the library capital facilities committee is scheduled for April 29. On a separate track, a representative from LSSI visited the City in late March. He presented a summary of services offered by the company, which includes short term projects as well as ongoing administration of library facilities. Based on his visit, he will offer a proposal of what LSSI could do for the community of Spokane Valley. • Settle and Adjust. City and County staff have met to go over the County's draft settle and adjust figures for the various 2003 service contracts. Many of the contracts are set up on an as- needed basis, which means there is no settle and adjust — we pay as we go. For others, such as the parks maintenance and law enforcement contract, we wait until after the close of the County's books to reconcile contract estimates with actual costs. We are still waiting for estimated figures on one or two of the contracts. City staff are analyzing the numbers, with a Council presentation scheduled for May 25. 4peratiuns • Employee Recruitment. The City has two new employees — Carol Carter, Administrative Assistant for Parks & Recreation; and Kelly Sammeli, Code Enforcement Officer. The position of Administrative Assistant for Public Works is open, and the recruitment process continues. Si� ■ Va11ey Memorandum To: Dave Mercier, City Manager From: Ken Thompson, Finance Director CC: Nina Regor, Deputy City Manager Date: April 12, 2004 Re: Monthly Report 11707 E Sprague Ave Suite 106 • Spokane Valley WA 99206 509.921.1000 • Fax: 509.921.1008 ♦ cityhall@spokanevalley.org During the last thirty days, Finance employees worked on the following projects: Business reii strati on Microflex has entered 2700+ businesses into the business registration database. Additional mailings and /or telephone calls will be needed to gather information on businesses that operate within our city limits. A decision will be made later this year on C using the State Department of Licensing (DOL) for renewals. Use of DOL would be convenient for 20 -25% of our 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 Community Development Department. We will be visiting with Public Works and Parks and Recreation during the next few weeks. Budget variance report Reports showing a comparison of our revenues and expenditures to our 2004 budget at March 31, 2004 are attached. Our actual experience is expected to be much closer to our budget estimates in 2004, because we have an additional year of experience. Property taxes and fines & forfeitures revenue will be close to our estimates. However, recreation revenues will likely be short of our projections because council elected to pursue additional recreation programs cautiously. Overall, revenues appear to be in line with our projections. 2004 budget amendment A public hearing was held on April 13, to consider 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. 2005 budget process Based on the 2005 budget calendar adopted by the City Council last month, staff is preparing documents to begin the budget process. The calendar anticipates budget adoption in early November this year, about 30 days ahead of our process in 2003. Funding of 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. Tourism promotion agreements Many hours of staff time are being used to assist some of these organizations on the use of room tax for tourism promotion. It is a delicate balancing act coordinating the needs of the organization, proper use of room tax and compliance with City agreements. Some organizations are frustrated with our requests for documentation and additional details. Wastewater issues Open houses and meetings with officials from other organizations are keeping us busy gathering financial information on this subject. There are many variables (will a permit be issued? which site? will the County or City of Spokane Valley own/operate the plant? number of employees needed, equipment needs) which make predicting the future difficult. General Fund Revenues: Property Tax Sales Tax Gambling Tax Leasehold Excise Tax Franchise Fees State Shared Revenues Planning & Building Fees Fines and Forfeitures Recreation Program Fees Investment Interest Operating Transfers 01612004 9:49 AM City of Spokane Valley General Fund Budget Variance Report For the Period January 1 - March 31, 2004 Budget 2004 $ 10,710,000 11,720,000 690,000 5,000 640,000 882,816 939,000 400,000 309,000 18,000 42,500 $ 26,356,316 $ 1,620,399 Budget 2004 General Fund Expenditures: Legislative Branch $ 215,372 $ 15,156 Executive & Legislative Support 438,482 29,942 Public Safety 14,093,990 1,174,007 Operations & Administrative Svcs 917,605 64,986 Public Works 631,079 44,193 Planning & Community Dev. 1,544,519 102,145 Library Services 2,053,250 Parks & Recreation 1,709,780 91,124 General Government 4,752,239 55,075 $ 26,356,316 $ 1,576,628 March YTD Revenues Revenues $ 149,860 $ 149,860 $ 1,041,974 2,294,277 2,120 2,212 64 1,798 132,757 132,757 187,970 393,013 96,526 182,637 7,566 12,127 1,562 3,275 March YTD Expenditures Expenditures 10,560,140 9,425,723 687,788 3,202 640,000 750,059 545,987 217,363 296,873 14,725 42,500 $ 3,171,956 $ 23,184,360 $ 82,247 85,512 3,386,033 191,941 138,459 286,166 $ 279,186 352,632 $ 4,802,176 $ Unrealized Percent Revenue Realized Unrealized Expenditures 133,125 352,970 10,707,957 725,664 492,620 1,258, 353 2,053,250 1,430, 594 4,399,607 21,554,140 Note: 1. Property taxes are due in two equal installments on April 30 and October 31. The majority of revenues from property taxes is received on May 10 and November 10. 2. Gambling taxes and franchise fees are due quarterly with the first quarter due April 30. 3. Liquor excise taxes and Liquor Board Profits are received quarterly on succeeding months. If revenues and expenditures were distributed evenly by month, throughout the year, the percent realized column would show 25% at March 31. This does not normally happen because some revenues and expenditures are seasonal in nature. 1.40% 1 19.58 0.32 35.96 2 15.04 3 41.85 45.66 3.92 18.19 12.03% Percent Realized 38.19% 19.50 24.02 20.92 21.94 18.53 16.33 7.42 18.22% Other Funds Revenues: Street Fund Arterial Street Fund Trails and Paths 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 4/16/2004 9:49 AM City of Spokane Valley Other Funds Budget Variance Report For the Period January 1 - March 31, 2004 Budget 2004 $ 2,062,200 542,000 12,800 380,000 800,000 840,000 840,000 3,230,000 747,500 131,634 137,500 $ 9,723,634 $ Budget 2004 Other Funds Expenditures: Street Fund $ . 3,773,184 Arterial Street Fund 600,000 Hotel/Motel Fund 300,000 Debt Service LTGO 03 800,000 Capital Projects Fund 180,000 Special Capital Projects Fund 300,000 Street Capital Projects 3,219,700 Mirabeau Point Project 9,500,000 Street Bond Capital Projects 2,430,000 Sewer Fund Stormwater Mgmt Fund 518,700 Equip. Rental & Replacemnt 28,600 Risk Management 137,500 $ 21,787,684 March Revenues YTD Revenues $ 109,465 $ 275,300 $ 38,623 82,874 18,265 35,590 42,490 103,260 42,292 102,845 200,000 302,752 319,120 2,554 7,431 12,922 14,014 5 15 130,000 569,368 $ 1,270,449 $ March YTD Unrealized Percent Expenditures Expenditures, Expenditures Realized $ 164,031 $ 577,859 52,406 137,187 200,000 48,857 12,811 44,187 213 195,998 3,910 4,559 10,427 111,066 $ 233,807 $ 1,329,704 Unrealized Revenue 1,786,900 459,126 12,800 344,410 800,000 736,740 737,155 3,030,000 (319,120) (7,431) 733,486 131,619 7,500 8,453,185 Percent Realized 13.35% 15.29 9.37 12.29 12.24 6.19 1.87 0.01 94.55 13.07% $ 3,195,325 15.31% 600,000 162,813 45.73 800,000 180,000 100,000 66.67 3,170, 843 1.52 9,455,813 0.47 2,429,787 0.01 (195,998) 514,790 0.75 18,173 36.46 26,434 $ 20,457,980 6.10% CITY OF SPOKANE VALLEY DEPARTMENT OF COMMUNITY DEVELOPMENT MONTHLY REPORT FOR MARCH 2004 LONG RANGE PLANNING DIVISION: During the month of March, the Long Range Planning Division met once with the Planning Commission at a regular meeting on March 11 At the March 11 meeting, the Commission reviewed a preliminary draft of Chapter 1 — Introduction of the City's Comprehensive Plan, Spokane Valley — 2025. In lieu of the Commission's regularly scheduled meeting on March 25 the Long Range Planning Division conducted the first community workshop on the City's Comprehensive Plan. The workshop was attended by approximately 75 citizens. Staff had several displays available for the public to view at the "Open House" portion of the workshop that began at 6:30 p.m. at the Redeemer Lutheran Church. The formal workshop began at 7:00 p.m., during which time City staff presented an overview of the planning requirements for the City. This presentation was followed by small group exercises in which members were asked to write down the top three City- wide issues and top three neighborhood issues they would address if they were "Mayor for a Day ". The small groups then presented their results to the larger group. The workshop went extremely well and produced high quality input for the Comprehensive Plan. Several additional workshops are scheduled through the end of June. The City contracted with a Community Survey consultant, and substantial progress was made toward completing the survey on time and within budget. The preliminary results are expected by mid - April, with a presentation of the final results to City Council in early May. A Growth Management Grant check in the amount of $24,082 was received in early March. These funds are provided by the State of Washington to assist in the development of the City of Spokane Valley's Comprehensive Plan. Page 1 of 7 o Site Plan Review 5 6 I 0 • Sign PCrmil Review 6 5 I 8 ®SEPA Review 3 3 I 6 • Short Fiat 3 2 I 1 Q Subdivision 1 0 0 ® Rezone 2 0 0 o Home Profession 5 0 0 ■ Boundary Line Adjustments 0 0 3 D Binding Site Ran 2 0 2 • Adult Enlertainnient License 2 4 10 CURRENT PLANNING DIVISION: City of Spokane Valley Department of Community Development Monthly Report for March 2004 The Current Planning Division opened 32 application files in March. In addition, twenty (20) decisions for various land use actions were issued and ten (10) licenses were sold. 2004 MONTHLY CURRENT PLANNING ACTIVITY - BY TYPE Page 2 of 7 A comparison of Current Planning activity through the month of March to the annual projection for each land use category and permit is shown below: Site Flan Review Sign Ftrrrit Review Boundary Line Adjustments SBA Review Short Flat Subdivision Rezone Horre Profession Binding Site Flan Aduh Entertainment License City of Spokane Valley Department of Community Development Monthly Report for March 2004 2004 CURRENT PLANNING ACTIVITY ANNUAL COMPARISON O 2004 Projections • Activ to Date 0 20 40 60 80 100 120 140 160 Monthly revenue for the Current Planning Division totaled $31,210 in March. The Division's total income for the first quarter of 2004 equals $56,417. $30,000 $20,000 $10,000 - $0 =1 2004 CURRENT PLANNING REVENUE Page 3 of 7 c cn m 0 0 Z 0 0 n In March 2004, the Current Planning Division served 306 customers at the Planning Counter, and returned or answered 304 phone calls. On March 18, 2004, the Hearing Examiner issued .a written order dismissing the Examiner's conditional approval of the Home Industry Conditional Use Permit (CUP- 04 -03) for James Ferrell, 4110 South Hollow Court, originally issued on February 27, 2004, following Mr. Ferrell's written request on March 15, 2004 to withdraw the conditional use application. City of Spokane Valley Department of Community Development Monthly Report for March 2004 BUILDING DIVISION: The Building Division issued 305 permits in March. This represents an increase in activity from February of over 55 %. Five of the permits related to new commercial activity. We reported nineteen new single family dwellings to the Census Bureau. 300 200 100 0 5150,000.00 5125,000.00 5100,000.00 575,000.00 $50,000.00 $25,000.00 50.00 T a c 2004 BUILDING PERMITS SOLD ip ` _ o � co v c r> ■ Conmercial Ftmits 0 Residential Frrrits The Building Division brought in $90,836.21 in License and Permit fees and $33,300.03 in Pla,7_ .. Review fees during the month of March. Total Building Division income for the first quarter of': 2004 equals $267,006.18. 2004 BUILDING REVENUE cn 0 z 0 K @ v 0 n (O Page 4 of 7 City of Spokane Valley Department of Community Development Monthly Report for March 2004 In 23 business days we performed 735 inspections. This averages out to just shy of 32 inspections per day. Mr. Calasopa performed 102 inspections, as an on -call inspector. The inspection activity exceeds our target level of 12 inspections per inspector per day. Permits were issued for a new ITT educational facility on Indiana Avenue, two different two - story office buildings, and the new Fire Station on North Wilbur. Our Plan Review remains very active. April should show continued heavy permit activity. Two Building Division staff members attended a three -day training seminar in Leavenworth in March. The training concerned implementing the 2003 International Building and Residential Codes. Additional staff will be attending training as we approach the date for implementation of this I Code. Page 5 of 7 2004 BUILDING INSPECTIONS 800 600 400 200 -- 0 — c– cu o -n E y ru O . N K ,c 7 N t– .< . ID cn -o co o z CO v o City of Spokane Valley Department of Community Development Monthly Report for March 2004 In 23 business days we performed 735 inspections. This averages out to just shy of 32 inspections per day. Mr. Calasopa performed 102 inspections, as an on -call inspector. The inspection activity exceeds our target level of 12 inspections per inspector per day. Permits were issued for a new ITT educational facility on Indiana Avenue, two different two - story office buildings, and the new Fire Station on North Wilbur. Our Plan Review remains very active. April should show continued heavy permit activity. Two Building Division staff members attended a three -day training seminar in Leavenworth in March. The training concerned implementing the 2003 International Building and Residential Codes. Additional staff will be attending training as we approach the date for implementation of this I Code. Page 5 of 7 CODE ENFORCEMENT: City of Spokane Valley Department of Community Development Monthly Report for March 2004 A candidate for Code Enforcement Officer has accepted the City of Spokane Valley's offer of employment. Kelly Sammeli's first day on the job was April 12, 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 CODE ENFORCEMENT STATUS c_ c 0 0 z IR Violations Reported © Abatements D File Transfers ei Rending Files A 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 I 3 0 Sewer Septic 2 0 8 1 0 Dangerous Building 1 3 0 0 0 Property Use 0 1 I 1 ■ Eega Durrp:ng 3 1 1 o Critical Areas 0 0 2 ■ Fight of Way 4 4 2 0 Signage 1 0 0 ■ Illegal Business 1 1 0 O Anirml 4 1 2 O Nuisance 3 2 4 Et Junk Auto 10 21 16 0 Waste 7 13 10 City of Spokane Valley Department of Community Development Monthly Report for March 2004 2004 CODE VIOLATIONS REPORTED (BY TYPE) 100% 90% — 80% — 70% 60% — 50 %- 40% — 30% — 20 %— 10 %- 0%— Jan Feb I Mar Apr May June July Aug Page 7 of 7 J *lane do ,Valky Agreements for Services • Street O &M • Street O &M • Engineering • Storm Water • Solid Waste Adopted and in Operation: -- County Maintenance -- WSDOT -- County Engineer - County Utilities Regional Solid Waste PUBLIC WORKS DEPARTMENT MONTHLY REPORT March 2004 Agreements in Progress: • STEP Sewer Program & Wastewater Treatment — Waiting for County comments on wastewater . interlocal agreement. Capital Projects: • Continued coordination with Spokane County on engineering services contract. • Continued coordination with Spokane County, WSDOT, and FHWA on Pines /Mansfield project. • Sent out draft Developer Mitigation Agreements for the Pines /Mansfield project. • Opened bids, awarded contract and issued Notice to Proceed for CenterPlace. • Held coordination meetings with Spokane County staff on the design of four sanitary sewer projects (Veradale, Weatherwood /Owens, Sipple, Carnahan) and two road projects (16 Avenue — Project 2, Park Road). • Continued traffic modeling work with SRTC on SpraguelAppleway Couplet alternatives. • Coordinated with Spokane County on the construction of Evergreen Road. • Developed initial draft revisions to Six Year TIP. Maintenance Activity: • Estimated cost from the County for 2004 is $3,113,268. • City budget for $2,420,120 for street maintenance in 2004. • Through the end of March the County has billed $628,629 or 26% of available funds. • Major items completed this year in 2004 are: o Shoulder repair- $10,980 o Pothole patching- $69,722 o Repair of Gravel Roads- $18,636 o Liquid Deicing- $67,947 o Sanding- $75,327 o Snow Removal- $86,498 o Sweeping- $76,389 o Brush/Tree Clearing- $6,053 o Storm water repair- $7,952 o Traffic signs /signal- $80,417 Land Development • Applications Reviewed /Conditions Prepared (Including Comm. Pre -App): Commercial Projects — 10/16 *, Residential Projects — 4/10 • Road and Drainage Plan Review: Commercial — 2/4, Residential — 2/5 • Hearings Held: Commercial — 0, Residential — 2/2 • Construction Walk - Throughs: Commercial — 0, Residential — 0/1 • Rezone Applications: Commercial — 0, Residential — 3/5 *(current month totals/annual totals) S 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 /Manstiield 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) Bridge Replacement Advisory Committee (BRAC) 2004 Construction Projects (MR) -Mar 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 1 90 Road Design Projects Barker Road Reconstruction Boone to Barker Rd. Bridge Barker Road Bridge Replacement Barker Rd. at Spokane River 1 -90 to 8th, 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 pate Design Construction Complete Complete 7/15/04 100% 40% 7/1/04 PE / R!W 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 $ 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 $ 2,998,200 12/1/06 0% 0% $ 702,000 $ 8,057,615 11/1/04 75% 0% $ 2,569,000 $ 2,569,000 11/1/04 100% 0% $ 4,083,000 $ 4,083,000 11/1/04 40% 0% $ 2,914,000 $ 2,914,000 11/1/04 100% 0% $ 2,985,000 $ 2,985,000 7/31/04 100% 40/0 $ $ 380,000 $ 31,000 $ 31,000.00 $ 50,000 $ 50,000.00 $ 15,000 $ 15,000.00 $ 830,000 $ 830,000.00 $ 60,000 $ 60,000.00 $ 9,500,000 $ 9,500,000 $ 200,000 $ 200,000.00 Total $ 30,196,700 $ 45,230,815 �, i ■ Va11ey Siokane Memorandum To: Dave Mercier, Nina Regor, Members of City Council From: Mike Jackson Date: April 15, 2004 Re: Monthly Report, April 2004 11707 E Sprague Ave Suite 106 • Spokane Valley WA 99206 509.921.1000 • Fax: 509.921.1008 • cityhall @spokanevaUey.org Administration and Parks • Four finalists were selected to submit proposals for the Parks and Recreation Master Plan • Operational policies were drafted for the issuance of alcohol permits. • Carol Carter was hired as the Administrative Assistant for the Department of Parks and Recreation • All of the parks were in operation in early April. This is about 2 weeks ahead of schedule due to mild weather. • The Director and the Recreation Supervisor attended a portion of the Washington Park and Recreation Association Annual Conference in Spokane. Recreation: • Began taking registrations for summer programs —120 registrations were taken in the first 3 days. • Contacted Success by 6 and Spokane4Kids to help promote early childhood programs. • Continuing to update and add to web site • Developed online registration from our web site (for summer programs). • Continuing to represent City on "Weed and Seed" committee Senior Center: • AARP free tax aid is still being offered — numbers have decreased but still average 15 -20 people each day • St. Pat's Dance was successful: 49 people, 75 people attended St. Pat's dinner. The Spaghetti Feed on Feb. 21 had 90 people • Nutrition Progam feeds an average of 55 -60 on Tues and 45 -50 on Thursday • 26 new members joined the Senior Center Association • John Haley filled vacant board seat left by Dave DeWitt's resignation • The Ad Hoc committee met on April 28. TO: Dave Mercier, City Manager FROM: Dale Golman, Administrative Sergeant DATE: April 14, 2004 RE: Monthly Report March 2004 ADMINSTRATIVE Attached is the activity report for March for the Spokane Valley Police Department. There were a total of 5,411 computer -aided dispatch (CAD) incidents. These are self- initiated officer contacts, as well as calls for service. Out of those 5,411 incidents, 1,758 actual reports were taken during the month of March. -Attached is the breakdown describing those incidents. Additionally, there were 1,636 traffic stops conducted that resulted in 328 traffic reports. I have included hotspot maps for March stolen vehicles, residential burglaries, vehicle accidents and commercial burglaries. There is also a column comparison of March 2003 to March 2004, plus a "Year to Date" column that will be cumulative. • Negotiations are continuing on the Precinct's Lease agreement. Work is being done on the language of the agreement. • Chief Walker attended the Northwest Law Enforcement Executive Command College co- sponsored by the FBI, Criminal Justice Training Commission, and WA Association of Sheriffs and Police .Chiefs. This course provided law enforcement executives information concerning recent developments and emerging issues in areas that influence law enforcement policies and practices. Special emphasis was placed on developments and trends affecting Washington and the Pacific Northwest. OPERATIONS MEMO ♦ Chief Walker took City Manager Dave Mercier on a tour of the new Combined Communications Building (CCB) located on the Spokane Community College Campus, 1620 N. Rebecca. The new CCB is a facility that combines radio dispatch services for the Spokane County Sheriff Office/Spokane Valley Police Department, Spokane Police Department, Spokane CitylCounty Fire, and 911 /Crime Check. ♦ Spokane Valley Police and Sheriffs reserve deputies wrote 53 infractions during the Pedestrian Sting on March 10. About 45 of the 53 were for Failing To Yield To Pedestrians and the remainder was for other offenses. Pedestrian stings are conducted periodically to ensure that area motorists are complying with the law requiring them to yield to pedestrians in both marked and unmarked crosswalks Officers place a cone far enough back from the crosswalk to mark where a driver going 10 mph over the posted speed limit could still comfortably stop for the plainclothes pedestrian decoy. Drivers who failed to yield for the pedestrian were stopped and cited. COMMUNITY- ORIENTED POLICING ♦ The YMCA /Safe Start Project held an award ceremony and Law Enforcement Appreciation Breakfast to honor area law enforcement professionals who put forth exceptional effort to help women and children exposed to violence and to make Spokane County a safer community for women and children. This honor was bestowed upon Deputies Jeff Shover, SCSO, Rich Johnson, SVPD, Glenn Hinckley, SVPD, and Detective Dan Spivey, SCSO. The SVPD has provided office space and is working hand in hand with the Safe Start Project to reduce and prevent children's exposure to violence. ♦ Several members of the Spokane Valley Police Department were invited to local elementary schools to help celebrate the birthday of Dr. Seuss. Officers went into classrooms as role models and read stories to the children to demonstrate the importance of reading. ♦ Sgt. Dale Golman, representing Chief Walker, joined Mayor DeVleming at the Mayor's Youth Breakfast sponsored by KXLY TV 4 and the Chase Youth Commission. The event was a discussion between community leaders, Mayors, law enforcement, and selected youth on how the five promises of the national America's Promise campaign are being implemented in our communities and how this effort can be improved upon. The Spokane Valley Police Department's effort is through the School Residential Deputy Program, the Explorer Program, the Venturing Program, and through our law enforcement function to provide a safer community for our youth. 2 2004 MARCH CRIME REPORTS March. 2004 March, 2003 2004 Year to Date BURGLARY 57 83 177 FORGERY 43 54 135 MALICIOUS MISCHIEF 108 106 283 NON - CRIMINAL 66 37 215 PROPERTY OTHER 158 90 432 RECOVERED VEHICLES 25 3 67 STOLEN VEHICLES 45 32 127 THEFT 229 242 636 UIOBC 2 0 4 VEHICLE OTHER 17 10 25 VEHICLE PROWLING 62 97 285 TOTAL PROPERTY CRIMES 812 754 2,386 ASSAULT 75 81 210 DOA /SUICIDE 21 10 43 DOMESTIC VIOLENCE 63 79 183 HOMICIDE 0 0 0 KIDNAP 2 1 6 MENTAL 34 41 85 MP 6 8 32 PERSONS OTHER 165 113 428 ROBBERY 2 13 10 TELEPHONE HARASSMENT 12 12 46 TOTAL MAJOR CRIMES 380 358 1043 ADULT RAPE 3 0 6 CHILD ABUSE 9 9 31 CUSTODIAL INTERFERENCE 20 6 42 SEX REGISTRATION F 0 1 1 INDECENT LIBERTIES 1 0 2 CHILD MOLESTATION 6 1 19 CHILD RAPE 3 2 13 RUNAWAY 37 31 106 SEX OTHER 12 6 36 STALKING 3 4 5 SUSPICIOUS PERSON 26 27 92 TOTAL SEX CRIMES 120 87 353 DRUG 118 51 277 ISU OTHER 0 0 0 TOTAL ISU 118 51 277 TOTAL TRAFFIC REPORTS 328 221 885 TOTAL REPORTS RECEIVED 1,758 1,471 4,946 - Gfas Menge rY- Ja flCJX Sint 4314 I W 41a)t-well 1:10 Err 1 40th Indiana 241 alleyway in F Cetald Springs a) 25th 2 0 31st i Fruit SuthC I IT ' Belle Term Sterr. g `3 Euclid 24 th 32nd Residential Burglary Low IIIII Medium NM High 0 0.5 1 Mile 1 March 2004 Residential Burglary Hotspots Mop Roduced: 14 April 2004 Commercial Burglary fj Low Mil Medium - High j-< 0 0.5 1 Mile 1 1 March 2004 Commercial Burglary Hotspots Mnp Produced: 10 April 2004 Traffic Accidents Low Medium Low - Medium High • F-- 0 0.5 1 Mile 1 March 2004 Traffic Accident Hotspots • • Mop Produced: 14 AprII 2004 .17s0A Sharp et: i4le s ,E`1•• •N�- - rir Jel ?1= 1 r a.vetl dla to • •.' ►1 1 r~ .. =i t 57th Mlrabeau Indiana Euclid Sterli Calatd 24th ao a, o 32nd . 0 SptinOs Jose 7 Lc 2 0.5 1 Mlle r 1 fr Sanso 0 February & March 2004 Stolen Vehicle Hotspots Map Produced: 14 April 2004 Stolen Vehicles EJ nYS Low III Medium High INCIDENT TYPE Year to Date Jan Feb March April May June July August Sept Oct Nov Dec 11-S Structure Fire Single Response 65 31 18 16 11 -F Structure Fire 33 10 11 12 11 -W Working Fire 5 2 3 0 13-S Vehicle Fire 22 7 7 8 14 -UH Brush Fire -Low 10 0 3 7 15 -S Trash Fire 4 0 2 2 18-S Alarm System - Single Response 37 16 11 10 18 -F Alarm System - FuII 113 54 32 27 31 -A/B BLS EMS Alarm 580 211 163 206 31-CID ALS EMS Alarm 669 235 202 232 31 -F 2nd alarm. EMS /Mass Casualty 0 0 0 0 35 -F Extrication 3 2 0 1 36 -F Water Rescue • 0 0 0 0 37 -F Tech Rescue 0 0 0 0 40 -1 Hazmat Investigation 16 6 6 4 40 -F Hazmat Full Response 0 0 0 0 46 -A/B Auto Accident - Unknown Injuries 144 63 46 35 46 -C /D Auto Accident - Life Threats 15 7 1 7 50 -S Service Call 50 26 10 14 MONTHLY TOTAL 1766 670 515 581 0 0 0 0 0 0 0 0 0 Spokane Valle Fi a Department 2004 Response Information For City of Spokane Valley