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2004, 09-14 Regular Meeting
AGENDA SPOKANE VALLEY CITY COUNCIL REGULAR MEETING #51 Tuesday, September 14, 2004 CITY HALL AT REDWOOD PLAZA 11707 East Sprague A% cane, First Floor Council Requests All Electronic Devices be Turned Off During Council Meeting 6:00 p.m. CALL TO ORDER PLEDGE OF ALLEGIANCE INVOCATION: Pastor Al Hultcn. Valley Assembly of God 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 HEARING: Proposed 2005 Budget Revenues - ken Thompson 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 August 24, 2004 h. Approval of Study Session Minutes of September 7, 2004 c. Approval of Facility Use .Agreement with Radio Control Car Club d. Approval of Account Payables in the amount of 52,402,314.51 c. Approval of Payroll of August 31. 2004 of 5154,004.56 NEW BUSINESS 3. Second Reading: Proposed Ordinance 04-037 Amending SVMC 3.25, Gambling Tax - Cary Driskell public comment] 4. First Reading: Proposed Ordinance 04-038 Regarding Clear View Triangles - Marina Sukup [public comment] 5. First Reading: Proposed Vacation Ordinance 04 -039 - Marina Sukup [public comment] 6. Motion Consideration: Setting 2005 Budget Public Hearing Dates of October 12 and 26 - Ken Thompson [public comment] PUBLIC COMMENTS (Maximum of three minutes please; state your name and address for the record) Council Agcnds O9.14 -O4 Rcgular Meeting P.gt t of 2 ADMINISTRATIVE REPORTS: [no public comment] 7. Preliminary 2005 Budget Report Dave Mercier 8. Pines/Mansfield Update - Stanley Schwartz 9. Scooters/Motorized Bikes Discussion - Cary Driskell /Josh Leonard 10. Appointment Process: Planning Commission - Mayor DcVlcming 11 Report on Indexing of Public Records - Chris Bainbridge 12. INFORMATION ONLY: [no public comment] Planning Commission Mintnes of August 12, 2004 ADJOURNMENT FUTURE SCHEDULE Regular Council Afeetings are generally held 2nd and 4 h Tuesdays. beginning at 6 :00 p.m. Council Study Sessions are generally held I", 3 and SNr Tuesdays, beginning at 6:00 p.m. Other Tentative Uncninin2 Mrrtines/Events: October 12, 2004: Regular Meeting, PUBLIC HEARING: !fearing on 2005 Proposed Budget October 26, 2004: Regular Mooting, PUBLIC HEARING: Final 2005 Budget Hearing November 23, 2004 - No Council Meeting or Council Study Session November 30, 2004 - Regular Council Meeting February 12., 2005 - Half-Day Council'Staff Retreat No Individuals plannma to attend the meeting who require special assurance to acconun date physical_ hearing. or other (mpairmettu. please contact the City Clcrit at (5091921-1000 as soon as possible so that arrangements may he made Council Agenda 09 -14-04 Fteguhu Meeting 1 c' of_ CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: September 14, 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 Hearing - Proposed 2005 General Fund Revenues GOVERNING LEGISLATION: State budget law PREVIOUS COUNCIL ACTION TAKEN: The 2005 proposed revenues were presented to the City Council on August 24 as an informational item. A public hearing has been scheduled for September 14 to consider public input. BACKGROUND: State budget law requires we make our revenue projections known and conduct a public hearing to consider input from the public. Special mention is required of property tax levy increases. The comparison below reflects the 2004 and 2005 property tax levies. ■- 2004 2005 Property Tax Levy w/1 % increase $9,265,808 $9,358,466 Estimated tax inclassessed value 0 420,000 Total $9,265,808 $9,778,466 Est, dollar increase $ 512,658 Est. % increase 5.5% These estimates anticipate a $200,000,000 increase in assessed value (4.5 %). The city also plans a special levy in the amount of $950,000 for street capital improvements if voters approve this program on September 14 Other significant changes in General Fund revenues include an estimated increase in sales tax receipts of $500,000 and an estimated increase in fine receipts of $200,000. OPTIONS: State law requires a hearing on 2005 estimated General Fund revenues. There really isn't any other practical option. RECOMMENDED ACTION OR MOTION: Staff recommends council conduct a hearing on the 2005 projected revenues. No additional action is needed at this time. BUDGET /FINANCIAL IMPACTS: None STAFF CONTACT: Ken Thompson, Finance Director Proposed 2005 General Fund Revenues Spokane Valley Council Meeting September 14, 2004 • Required •By State Law . Discuss our projections . Seek public input • 9l7J•X4 2 1 2004 & 2005 Projections Category Property Tax Sales Tax Gambling Tax Franchise Fees State Shared Planning, Building Fines & Forfeitures Recreation Fees Miscellaneous Interfund Transfers 2004 $ 9,265,809 $11,920,000 $ 690,000 $ 640,000 $ 882,816 $ 1,139,000 $ 1,000,000 $ 121,000 $ 23,000 $ 122,500 $25,804,125 Bryaoa 2005 $ 9,778,466 $12,400,000 $ 800,000 $ 620,000 $ 1,035,340 $ 1,293,000 $ 1,200,000 $ 90,000 S 41,000 S 121,000 $27,378,806 Projections cont Property taxes (1% increase & growth in assessed value) up $500,000 or 5.5% Special Levy of $950,000 for full - width paving, if voters approve 9 4 2 DRAFT Mayor DeVleming called the meeting to order at 6:00 p.m., and welcomed everyone to the 50' meeting. Attendance: Councilmembcrs: 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, August 24, 2004 Staff: Dave Mercier, City Manager Nina Regor, Deputy City Manager Stanley Schwartz, City Attorney Cary Driskell, Deputy City Attorney Neil Kersten, Public Works Director Ken Thompson, Finance Director Marina Sukup, Cormnunit:y Development Director Cal Walker, Police Chief Sue Pearson, Deputy City Clerk Chris Bainbridge, City Clerk PLEDGE OF ALLEGIANCE: Mayor DeVIerning led the Pledge of Allegiance. INVOCATION: Councilmember Munson gave the invocation. ROLL CALL: City Clerk Bainbridge called roll; all Councilmembcrs were present. APPROVAL OF AGENDA: It. was moved by Mayor DeVleming and seconded by Councilmember Denenny to approve the agenda as presented. Vote by Acclamation: In Favor: Unanimous, Opposed: iVone. Abstentions: None. Motion carried. COMMITTEE, BOARD. LIAISON SUMMARY REPORTS: Councilmember Taylor: reported that he attended the recent Valley Chamber Board meeting; and also announced the recent death of Chamber Board member Ken Holloway, and extended condolences to Mr. Holloway's family and friends. Councilmember Flanigan: said that he attended an in- depth, two -day AWC class on finance and budget preparation. .Deputy Mayor Wilhite: explained that several Councilmembers met with members from the. State Auditor's office as the City undergoes its audit; and that she also attended the executive meeting at the Economic Development Council. MAYOR'S REPORT: Mayor DeVleming mentioned that the memorial service for Ken Holloway will be held September 1. PUBLIC COMMENTS: Bill Gothmann, Spokane Valley Planning Commission Chair: said that there have been many citizens who testified before the Planning Commission concerning errors the County made in its zoning map; that the County did not provide timely notice to property owners of proposed changes; and that we need to correct those errors; that a petition has been received for a moratorium on development of residential areas until the zoning issues are solved; that he wants to give notice to the community that this Thursday city staff Council Minutes 0 -24-04 Nee 1 of 5 D tc Approved by Council: DRAFT will hold a presentation on the Land Usc dement of the comprehensive plan; and he invites Council and citizens to aid in the development of a zoning plan which will solve the problems caused by the County, Melanie Hays Klobuche, 808 S. Herald Road: stated she need more barrels on the corner of 8 and Herald; that she has pictures of storms from the June; that Shane Arlt looked at pictures of the first flood and then six days later, another flood hit; that Shane sent out the road crew to empty the barrel in front of her house; but that more barrels are needed. She gave pictures to the City Clerk for Council review, but would like the pictures returned after Council has had a chance to view them. John Snediker, 18317 E. Broadway: spoke concerning the library and our managed competition, said he feels he are trying to fix something that is not broken; that the library has a 98% approval rate; says we don't own the library building and /or the library collection; wants City to look at facts and look into options like use of the junior high; also stated his concern about the mention of a need to clear the room at the last Council meeting, and feels there should be more discussion [when someone is out of orderl rather than to threaten everyone. Jane Franks, 12508 East Skyview: on behalf of the Senior Center, she extended an invitation to attend their fundraiser to help pay for the CenterPlace dance floor they are paying for 3 /4ths of; that she has flyers and tickets; and said it would be cheaper to buy the tickets tonight then at the door. 1. PUBUiC HEARING: Proposed Amended 2004 Budget — Ken Thompson Mayor DeVleming opened the public hearing at 6:17 p.m. Finance Director Thompson gave an overview explaining that State law requires a public hearing and an amendment to the budget when we believe we will exceed appropriations; and he then explained the areas of adjustment as noted in his August 24, 2004 Request for Council Action. Mayor DeVleming invited public comment. Patti Allison, 11315 E 44` stated his concern regarding fines and forfeitures increasing income and expenditures by $600,000; and also asked for clarification concerning the bond interest. Director Thompson explained that in reference to fines and forfeitures, we budgeted about S400,000 but when putting the budget figures together, there was no allowance for additional funds from those who would be paying citations, and that we collect the fines and forfeitures, and by law we must then pay those funds to the State. In reference to bond interest, Director Thompson explained that the increase of $30,000 is the investment interest we earned while we held those bond sale proceeds, and that must be used for the same purpose as the bond sale proceeds. Mayor DeVleming invited further public comments; no comments were offered. Mayor DeVleming closed the public hearing at 6:26 p.m. 2. CONSENT AGENDA It was moved by Mayor DeVleming and seconded by Councilmenzher Munson to waive the reading and approve the Consent Agenda. Vote by Acclamation: In Favor: Unanimous. Opposed: None. Abstentions: None. Motion carried. NEW BUSINESS 3. Second Reading: Proposed Ordinance 04 -035 Interim Zoning Estate Lots — Marina Sukup After City Clerk Bainbridge read the ordinance title, it was moved by Mayor DeVleming and seconded by Councilmember Denenny to approve ordinance 04 -035. Community Development Director Sukup then went over her Powerpoint presentation, and explained the one change in the last sentence of the "purpose and intent." section. Mayor DeVleming pointed out on page four of the Findings of Fact, that the district number should be 15 instead of 14. Mayor DeVleming invited public comment. Chuck Hafner, 4710 S W'hitner: stated his appreciation for being able to present this issue and said he feels if we were still part of the unincorporated County, he would not have had this opportunity to make this request. Council Minutes 08 -24-04 Date Approved by Council: Page 2 of 5 DRAFT Bill Gothnann: presented a two -page document concerning the Growth Management Act, and read from the back page, and said that this is not only a recommendation but is required by the present Comprehensive Plan; he added that it is up to us to plan our City. Brief council discussion ensued regarding densities and the opportunity for change. Vote by Acclamation: In Favor: Unanimous. Opposed: None. Abstentions: None. Motion carried. It was then moved by Councilmember Munson and seconded by Deputy Mayor Wilhite, to approve the Findings of Fact presented, as modified, and to approve the workplctn. Mayor DeV leming invited public comment; no comments were offered. Vote by Acclamation: In Favor: Unanimous. Opposed: None. Abstentions: None. Motion carried. 4. First Reading: Proposed Ordinance 04 -036 Amending 2004 Budget— hen Thompson After City Clerk Bainbridge read the ordinance title, it was moved by Councilmember Munson and seconded by Mayor DeVleming, to suspend the rules and approve ordinance 04 -036. Finance Director Thompson gave brief comment. Mayor DeVleming invited public comment; no comments were offered. Vote by Acclamation: In Favor: Unanimous. Opposed: None. Abstentions: None. Motion carried. 5. Proposed Resolution 04 -021 Amending Fee Schedule — Marina Sukup After City Clerk Bainbridge read the resolution title, it was moved by Mayor DeVleming and seconded by Deputy Mayor Wilhite to approve resolution 04 -021. Community Development Director Sukup explained the proposed change, which is to have a $35,000 maximum charge, barring no exceptions, on the planning fee. Mayor DeVleming invited public comment; no comments were offered. Vote by Acclamation: In Favor: Unanimous. Opposed: None. Abstentions: None. Motion carried. 6. Motion Consideration: Adoption of Council Goals for 2005 — Dave Mercier It was moved by Mayor DeVleming and seconded by Councilmember Taylor to approve the stated council goals for 2005. After brief discussion, it was moved by Councilmember Munson and seconded by Councilmember Taylor to amend the motion to include the goal: Continually investigate and if possible implement managed competition opportunities in the conduct of city business, contracts, and activities. it was then moved by Councilmember Denenny and seconded, to amend goal #5 as follows by inserting the following words between the word "agencies" and "in pursuit of' in analyzing data related to system acquisition options and; so that the new goal would read: Collaborate with Wastewater Dischargers and Regulatory Agencies in analyzing data related to system acquisition options and in pursuit of interim and long -term resolutions to water quality and wastewater treatment capacity concerns so that economic development and natural resources continue to support the vitality of the region. Vote on amended motion for goal #5: In Favor: Unanimous. Opposed: None. Abstentions: None. Motion carried. Vote on the untended motion to include managed competition as stated above: In Favor: Councilmembers Munson and Flanigan. Opposed: .Mayor DeVleming, Deputy Mayor Wilhite, Councilmembers Schimmels, Taylor, and Denenny. Abstentions: None. Amended motion failed. PUBLIC COMMENTS: No public comments were offered. Mayor DeVleming called for a short recess at 7:00 p.m.; Mayor DeVleming reconvened the meeting at 7:10 p.m. Council Minutes OS-24-04 Page 3 of 5 Date Approved by Council: DRAFT ADMT.NISTRATiVE REPORTS: 7. Facility Use Agreement — Mike Jackson Parks and Recreation Director Jackson explained that he was asked to discuss and review the use agreement with the Car Club; and after that discussion, Director Jackson made the changes noted in paragraph two: changing the event number from 15 to 50; and of the changes noted on the Exhibit A. Director Jackson asked if Council had no other changes, he will bring the agreement. back for formal consideration at a later date. Council agreed. 8. Gambling Tax Discussion — Stanley Schwartz City Attorney Schwartz explained the background of the City's gambling tax on pulltabs and punchboards, and of the county's 10% tax and of this Council changing that to 5 %, and that when our ordinance was passed, it did not specify that the tax was 5% of gross receipts "less the amount awarded as cash or merchandize prizes." Mr. Schwartz also explained his August 18 memorandum with its analysis and conclusion of the topic and if crediting the amount due would be a gift of public funds. Deputy City Attorney Driskell said that he and Director Thompson would like to propose a solution to this issue of unpaid taxes due: to draft an amended ordinance repealing the offending section that only relates to pulltabs and punchboards effective October 1, 2004; and reestablishing the tax April 2006 at the rate. of 5% of gross receipts "less the amount awarded as cash or merchandise prizes." Attorney Schwartz explained that such an ordinance could be brought to Council for a first reading September 7, which would give ample time to have the ordinance effective prior to October 1, 2004. Attorney Driskell also explained that they have proposed a plan for collection of those unpaid funds; that the businesses affected would sign a promissory note, and the tax payments now owing would be broken into six quarterly payments; which would have a result in taxes paid of that which was originally intended: the 5% of gross receipts less the amounts awarded as cash or merchandise prizes. It was also suggested to have something in the promissory note/agreement addressing how to handle these taxes should the business owner change ownership, move, or close. It was Council consensus for staff to draft an ordinance for Council review for the September 7 council meeting. 9. Budget 2005 Estimates — Ken Thompson Finance Director Thompson gave a short PowerPoint presentation on proposed 2005 revenues and expenditures and added that he is only bringing this information for Council consideration and is not asking for any decisions tonight. Director Thompson also reminded Council that public hearings are set for October 12 and 26. Director Thompson also mentioned that the Citywide proposed 2005 budget is $43,000,000 and not the $40,000,000 as shown on the PowerPoint slide. 10. Stormwater Program/Report on Swale Comparison — John Hohman Senior Engineer John Hohman gave a brief overview of the action taken to date concerning stormwater management, and of the previous staff presentation; and introduced Dave Moss of TetraTech, Tony Righellis of Righellis PC, and Jim Harakas of GEOEngineers. Mr. Hohman gave his PowerPoint presentation followed by the Consultant's PowerPoint presentation. After the presentation, Mr. Hohman went over the "next steps" and said that staff seeks council direction on implementation the proposed new design method, and whether to address the staffing options by hiring additional staff or contracting for those needs. City Manager Mercier mentioned that all this means that staff will examine the fee schedule for stormwater and as part of the budget decision packet, the information will be brought forward later. Council said they have no objection to moving this matter forward. EXECUTIVE SESSION: It was moved by Mayor DeVleming, seconded by Councihnember Munson and unanimously agreed upon that Council retreat to the conference room for an Executive Session regarding an employee personnel evaluation, that the estimated meeting time is 30 minutes; and that afterwards Council will reconvene the open meeting. Council adjourned into executive session at 8:30 p.m. Mayor DeVleming declared Council out of executive session at 9:01 p.m. and reconvened the open Council Minutes 08.24 -04 Page 4 of 5 Date Approved by Council: DRAFT meeting. It was moved by Mayor DeVleming and seconded by Councilmenlher Munson to increase the City Manager's salary by 4 %, effective as of April 15, 2004, anniverswy date. Vote by Acclamation: In Favor: Unanimous. Opposed: None. Abstentions: None. Motion carried. It was then moved by Mayor DeVleming, seconded by Councilmember Taylor, and unanimously agreed upon to adjourn. The meeting adjourned at 9:03 p.m. ATTEST: Christine Bainbridge, City Clerk Michael DeVleming, Mayor Council Minutes OS -24-04 Page 5 of 5 Date Approved by Council: DRAFT Attendance: Councitmembers: Michael DeVleming, Mayor Diana Wilhite, Deputy Mayor Dick Denenny, Councilmember Mike Flanigan, Councilmember Gary Schimmels, Councilmember Rich Munson, Councilmember Steve Taylor, Councilmember MINUTES City of Spokane Valley City Council Study Session September 7, 2004, 6:00 p.m. Staff: Dave Mercier City Manager Nina Regor, Deputy City Manager Ken Thompson, Finance Director Neil Kerstcn, Public Works Director Mike Jackson, Parks & Recreation Director Marina Sukup, Community Development Director Cary Driskell, Deputy City Attorney Cal_Walker, Police Chief - Morgan Koudelka, Administrative Analyst Tom Scholtens, Building Official Sue Pearson, Deputy City Clerk Chris Bainbridge, City Clerk Mayor DeVleming opened the meeting at 6:00 p.m., welcomed all in attendance, reminded everyone that this is a study session, and requested that all electronic devices be turned off for the duration of the meeting. Employee Introduction — Tom Scholtens — will move to the next meeting as Tom not available. Building Official Tom Scholtens introduced new full time permit specialist Mike Turbak, who worked previously for the City of Spokane Valley as an unpaid volunteer, and has recently completed his undergraduate work at Eastern. Councilmembers welcomed Mike to the staff. 1. First Reading Proposed Ordinance. 04 -037 -Cary Driskell After City Clerk Bainbridge read the ordinance title, it was moved by Councilmember Munson and seconded by Councilmember Flanigan to advance the ordinance to a second reading. As per his September 7, 2004 Request for Council Action form, Deputy City Attorney Driskell explained the history of the gambling tax and of the inadvertent imposition on punchboard and pulltab games of a tax of 5% of gross revenue instead of the intended 5% of gross revenue less the amount awarded as cash or merchandise prizes. Attorney Driskell explained that to get the businesses and the City back to the originally intended position, the initial proposal was to repeal the tax for six quarters; however, in refining this issue with Finance Director Thompson, it became apparent the tax would need to be repealed for eleven quarters. Attorney Driskell said that between now and the second reading, the wording will reflect the eleven quarter time period; and that he will also further review the issue to determine if anything else in the deduction should be a part of that calculation. Regarding tax for any new business, Attorney Driskell explained that there must be an "all or nothing" situation, either have a tax or not, so there is the possibility the City might lose some tax revenue on new businesses during that period. Mayor DeVleming invited public comment; no comments were offered. In response to Councilmember Taylor's question concerning nonprofits and bona fide charitable organizations, Attorney Driskell said that all entities will be taxed at the 5 %; as the legislative history surrounding this issue regarding intent is nonexistent, adding that there are very few nonprofits and bona fide charitable organizations which would be affected. Vote by Acclamation: In Favor: Unanimous. Opposed: None. Abstentions: None. Motion carried. 2. Proposed Resolution 04 -024 Amending Resolution Approve. Resolution — Nina Regor After City Clerk Bainbridge read the Resolution title, it was moved by Councilmember Schimmels and seconded by Councilmember Munson, to approve the resolution. Deputy City Manager Rcgor.explained the background leading to this proposal, and stated that staff would like feedback from Council for any future amendments and what they would like to see. Ms. Regor mentioned that this is also being done in Study Session Minutes 09 -7 -04 Page 1 of 6 Dote Approved by Council: DRAFT part, as part of the requirement for periodic review of job classifications. Ms. Regor then summarized the proposed changes, adding that some changes have already been implemented; and that the proposed classification level change recommendation is from grade 17 to 18, which results in salary savings of $72,000 if all were at the top of their salary ranges. Discussion then ensued regarding retroactivity and associated dates, and the mention of the filing of a petition with Public Employees Relations Commission (PERC), causing management to stop work on any proposed changes until the matter was clarified regarding which employees would be eligible for acceptance into PERC. Mayor DeVleming invited public comment; no comments were offered. It was moved by Councilmember Taylor and seconded by Councilmember Denenny to amend the motion to make the retroactivity period begin January 1, 2004 and not September I, 2003. Councilmember Denenny said he feels it would be disingenuous not to have the retroactivity period begin September 1, 2003 when the employees began assuming the responsibilities of the position. Vote on amending the motion: In Favor: Councilmember Taylor. Opposed: Mayor DeVleming, Deputy Mayor Wilhite, Councilmembers Schinnnnels, Munson, Flanigan, and Denenny. Abstentions: None. Motion failed. Vote on the original motion to approve Resolution 04 -029: In Favor: Unanimous. Opposed: None. Abstentions: None. Motion carried. 3. Mayor Appointment: Sign Committee — Mayor DeVleming 11 was moved by Mayor DeVleming and seconded, to appoint Eldonna Gossett as the business representative to the Spokane Valley Ad Hoc Sign Committee effective immediately. Mayor DeVleming explained that Ms. Gossett would be best suited to "jump in and catch up" and act in the same capacity as the previous appointment. Mayor DeVleming invited public comment, no comments were offered. Vote by Acclamation: In Favor: Unanimous. Opposed: None. Abstentions: None. Motion carried. 4. Motion Consideration: Response to Board of County Commissioners Letter Regarding Conveyance of Wastewater Assets — Neil Kersten Public Works Director Kersten explained the background of the issue as per his September 7, 2004 Request for Council Action, and mentioned the accompanying list of 16 items that would need to be addressed in an agreement for assumption of the wastewater system. Director Kersten added that the Board of County Commissioners would like the City of Spokane Valley to confirm that we want to examine transfer of ownership. Discussion ensued regarding the Commissioner's July 20, 2004 letter, the list of items and the Council's need for answers to specific concerns. City Manager Mercier stated that if there is a strong desire by us to assume the assets, it appears that the Commissioners are looking for that as a prerequisite to accumulating information before the transfer pursues; but in order that Council can make an educational and informed judgment regarding thc transfer, all available information would need to be reviewed first. Councilmember Denenny stated we need to make a statement to thc County that we are interested in pursuing and there is a great deal of interest in obtaining the system given the proper set of circumstances. Further discussion continued regarding the Council's readiness to assume ownership. It was Council consensus to move forward and ask staff to draft a letter to the Commissioners asking for information to specific concerns, and that Council needs the information first before a decision can be made on conveyance of the assets. Mayor DeVleming invited public comment. Howard Herman, 117 -N McDonald: said it appears Council is going to "dance around until the lights go out" and that he doesn't understand why we won't make the first move to take this system over; that this utility been in existence for 25 years; people in the valley have paid for it over 25 years; the customers are all in place, paid every bill and accumulated excess and surplus of $40 million; that if we had that system within the city and we had our share of the $40 million, we wouldn't have to ask the people for that 21¢ per thousand raise; that we. are paying 90% of the wages in the county's wastewater department; and asked what is there to know besides it is a successful utility. Tony Lazanis, 10626 East Empire: asked council to commit and take over and use valley assets; that the sewer is the most important asset; we should take over the collection system; that the only City of Spokane Valley department doing well to pay for itself is the permit dept; that we don't have anything else to pay for ourselves; and he doesn't know why the people have to beg council to do the right thing for the valley people. Study Session Minutes 09 -7 -04 Date Approved by Council; Page 2 of 6 DRAFT 5. Motion Consideration: Placing Fire District Annexation on the 'November Ballot — Nina Regor Deputy City Manager Regor explained the purpose for asking that this natter be placed on the November ballot, is matter of timing in the event the September election fails. Ms. Regor added that the County indicated their willingness to work with us to put this matter on and remove the current ballot if necessary. It was moved by Councilmemher Munson and seconded by Councilmember Denermy to send a letter to the Commissioners asking this to be placed on the November 2 ballot if the issue does not pass on the September 14 election. Mayor DeV leming invited public comment. Tony Lazanis asked if the Fire Department pays for the cost of placing the matter on the ballot. Ms. Regor responded that the cost is split between the fire districts and the City. Vote by Acclamation: In Favor: Unanimous. Opposed: None. Abstentions: None. Motion carried. PUBLIC COMMENTS Penny Lancaster, 14816 East Farwell: requested that Council as individuals and as a city take an official position opposing initiative 892, which would allow slot machines to be placed in businesses that now have pulltabs; said there are about 40 in the area; that the State would take 35% and the only thing we would see is the bill for social costs: gambling close to schools and malls, and that Washington state would become one of top five gambling states in the nation; that it would degrade the quality of life and expose families and children to social problems dealing with gambling; she added that the Spokane Chamber of Commerce said expanding gambling could have significant negative social and economic impacts on our region; that this type of gambling has the potential to be an economic drain on our community; and she encourages council to research and endorse a "no" vote on 1892 to keep slot machines out of neighborhoods; that she has materials to get Council started on research, and gave copies to the City Clerk for Council distribution. Deputy City Attorney Driskell stated that any time someone uses the public time to ask you to vote one way or another; equal time must be provided to anyone with the opposing view. Mayor DeVleming invited anyone with an opposing view to speak. No one offered to speak. Chuck Hafner, 4710 S Whittler: said he would like to publicly thank his [Ponderosa] neighbors for their participation, and the Council for adopting zoning at last meeting. Ilene Fisher, 306 S Calvin Lane: stated she is interested in the library situation; knows of no one in favor of priviatizing the library; and that our Founding Fathers were in favor of a free public library. She also complimented council for the progress on 4 and Sullivan in placing a traffic light, but said that getting to Evergreen now is difficult due to the road improvement ongoing on 4` Counc.ilmembcr Munson said that regarding the library situation; there have been questions about decisions supposedly made about the library; but that no decision has been made, and Council is currently in an information gathering process to see if we can improve the system and improve it for a lower price, and that no decision will be made until all the required information is gathered. Howard Berman, 117 N McDonald: stated he is disappointed in the salary commission's recommendation, but more disappointed in Council in even asking that a salary commission be empowered to make a recommendation; that everyone knew what the salary was before they became Councilmembers; that he read the salary commission minutes and final report, and the report only seemed to consider the time the council puts in and had a long list of activities the council participates in, which he stated are primarily for the personal political agendas of the council and does no benefit to the city; that the Commission should have considered what income other cities have, and then taken an average of ten Washington cities; that the Commission considered time but not the income of those other cities; and one of those cities has seven times this city's income. He added that he has been collecting signatures to put this on the ballot; and he is sorry to say that this council does not enjoy a very good reputation in the community. Bill Gothtnann, 10010 East 48 stated that when this city originally incorporated, one discussion that came up was council pay; which is dictated by state law, but it was discussed that after the City was Study Session Minutes 09 -7 -04 Page 3 of 6 Date Approved by Council: DRAFT formed, that a Commission would be formed to research salary; that this proposed increase would amount. to approximately 1 /6' of the annual budget, or for each person would cost 50 cents per year. He added that Councilmembers serve on various boards and commissions including the Spokane County Health Board, and the purpose is not to serve any political interest but to serve the people of the valley; that he knows how hard council works and respects the work. Regular Study Session Issues (No Public Comment): 6. Parks & Recreation MasterPlan Consultant Update — Mike Jackson Parks and Recreation Director Jackson explained that the City contracted with Moore lacofano and Goltsman (MIG) to assist in developing the masterplan, and he introduced Jerry Draggoo of MiG, and Bob Bignold of ORB, who has been in the business for a number of years doing pool feasibility studies. Jerry Draggoo explained that one of his tasks is to look at market demand for a swimming pool; that the purpose of the study is to develop a Tong -range strategy for providing parks and recreation services; that there. is no rule about how a plan should be, and stated this is why public. input so .important; that the public will be involved by his company's conducting a survey, talking to council and holding a series of public workshop meetings to give the public a chance to talk about the issues and needs. He stated that the planning process will provide background information, which will be distributed to Council in a three - ring binder; that they will present discussion papers (which is background on a specific topic) to see where they are headed; and that they will provide issue papers which will deal with a specific problem or issue identified, and later in the planning process they will perform a needs assessment. Mr. Draggoo stated that the self - administered questionnaires will be hand- delivered to specific households, that they are working on refining the questions, and hope to distribute questionnaires mid - October. Council indicated they would like to review the questionnaire before it is distributed. Mr. Draggoo also mentioned his company likes to hire nonprofit organizations to distribute the questionnaire, and if someone is looking for a source of funds (approximately $1,000.00) to let Mike Jackson or Jerry Draggoo know. Bob Bignold of ORB gave a report on the current condition of the swimming pools, and said that this is an interim report. He stated he compared the general condition of the pools with local electrical, state, and other applicable codes, and reported that all three pools are extremely well maintained; he stated that these are some of the better maintained pools he's come across, that they are attractive, and have many upgrades such as gutters, filters, water heaters, shower water heaters, and upgraded pipes. He reported that he feels diving needs to be modified, in that we have one meter boards and according to current codes, we are about 1.5 ft short for depth for that one meter board; that he will recommend those boards be cut back to a half- meter, 20" above water, and limit those boards to kids under 12 and not allow board use by larger people use. He reported that the Valley Mission pool is not upgraded for handicap, but all major systems have been replaced and it is in fairly good operation and that we can expect 10 -15 years more use without major problems. Mr. Bignold reported that it is his understanding that the old Valley Mission pool was put on a landfill and there are associated problems there, but that doesn't appear to be the case as the pool skims well, there are a few cracks and there is not a great deal of settling. Mr. Bignold said that code capacity is 184 people and they have been redlined at 130; he stated he understands there was a drowning some years ago and at that time, Spokane County downgraded those pools and redlined and posted for 130 people. He stated he. will recommend that the fences and deck area be expanded and to bring lawn area into those pools, such as picnic tables and umbrellas; and those changes will allow more use of the facility. M.r. Bignold reported that he made personal review of the pools August 18 and 19 and will not be recommending major changes for the pools. Discussion then ensued regarding access to parkland, methods of calculating the needs assessment in terms of parkland needs, and publicly owned area for recreational purposes. The discussion concluded with the consultants stating that they will be back from time to time to keep council updated. Mayor DeVleming called for a short recess at 7:25 p.m.; the Mayor reconvene the meeting at 7:35 p.m. Study Session Minutes Og -7 -04 Page 4 of 6 Date Approved by Council: DRAFT 7. Managed Competition Update Presentation — Morzan Koudelka Deputy City Manager Regor, and Administrative Analyst Koudelka went through their presentation on managed competition, and called Council attention to the attached RFP for parks and for the library; and stressed that these are pilot programs. As an update to the PowerPoint, Mr. Koudelka mentioned that RFPs were sent to 23 contractors including Spokane County, and not the nine as reported on the Powerpoint, and that a pre - conference is scheduled for September 9, 2004. Mr. Koudelka also mentioned that this matter will be brought back on the October 26 agenda for Council recommendation. 8 Planned Unit Development Requirements Amendment — Marina Sukup Community Development Director Sukup explained the proposed amendments to previous ordinances relating to Planned Unit Developments (PUDs) and amending residential standards of the Spokane Valley Uniform Development Code. She mentioned that Spokane County recognized some weaknesses of their ordinance and amended them; and that the current regulations are not effective in implementing the intent and purposes of PUDs. Director Sukup then explained what the County changed, what our current ordinance states, and asked Council for feedback on what they would like to sec. Discussion ensued regarding minimum lot size, multiple family housing areas, utilities, the need for adequate lighting, road widths, cul -de -sacs, and the idea of creating development in a way which is sustainable and gives the developers the ability to use innovative ideas for creative housing. As this is a first touch, more information will be presented at future council meetings. 9. Stormwater Program Staffing — Neil Kersten Public Works Director Kersten explained the issue as stated on his accompanying September 7, 2004 Request for Council Action and PowerPoint presentation. Mr. Kersten added that our contract with the County Stormwater Utility expires at the end of the year and we have been notified that the Contract will not be renewed as the County does not have available staff to assist in this program, nor does current City staff have available time to set up and carry out the workplan. After review of the staffing options, the pros and cons of contracting or in -house staffing, it was council consensus to focus on in -house staffing. 1t was moved by Mayor DeVleminp, seconded by Courzcilmemher Munson, and unanimously approved to extend the meeting to 9:30 p.m. 10. Budget Discussion — Dave Mercier City Manager Mercier discussed the budget and in particular, discussed what annual growth would mean to current budget projections; that Council had asked staff to show what the budget operation for 2005 would look like if calibrated to not exceed an average growth among departments of 1 %. Mr. Mercier discussed the summary page, the five -year forecast showing the continuing incline in the amount of the deficit in the general and street fund, and that this projection assumes no new programs and no growth in personnel. Mr. Mercier said this information is currently in draft form and will be delivered next week as the preliminary budget. Concerning the I% increase, it is apparent, Mr. Mercier explained, that the largest cut would be from the largest category, that of public safety, and to achieve a level of reduction to fit in the 1% limitation, would result in a series of personnel cuts in the form of three school resource officers and there traffic positions. Other discussions ensued regarding street funds, expense for signalization, and a reminder that these numbers are not precise, although the trend lines are fairly on target. 11. Advance Agenda Additions — Mayor DeNgeming No additions were suggested for the advance agenda. 12. Council Check in — Davc Mercier Although there was no report, Council extended their thanks to staff for their work on the gambling ordinance. Study Session Minutes 09 -7 -04 Page 5 of 6 Date Approved by Council: DRAFT 13. Citv Manager Comments — Dave Mercier City Manager Mercier called Council attention to a letter received from Ross Kelly advising that the Board of County Commissioners intend to donate the right -of -way that would be required for extension of Applcway eastward to the city limits; that several conditions are referred to in the letter and that staff is examining those conditions, adding that the intent was to convey the property relatively unencumbered. Mr. Mercier stated that there is also before Council, a draft letter addressed to David Peeler form Neil Kersten on several issues dealing with the Department of Ecology and wastewater issues, and as a copy will be sent to the Governor's office, Mr. Mercier wanted to have Council see the draft, and advise whether we should participate in this mailing. Council stated they have no objection to participate. There being no further business, the meeting adjourned at 9:10 p.m. ATTEST: Christine Bainbridge, City Clerk Study Session Minutes 09.7 -04 Date Apprnved by Council: Michael Dc\Tleming, Mayor Page 6 of 6 USE AGRETiVIENT CITY OF SPOKANE VALLEY AND RAI)JO CONTROL CAR CLUB OF SPOKANE. This Agreement is made and entered into by and between the City of Spokane Valley, a municipal corporation of the State of Washington, as "City" acting through the City Manager and /or Parks and Recreation Director, and Radio Control Car Club of Spokane (RCCCS) whose address is RCCCS in care of Les Ulrick W. 1223 Dalke, Spokane, Washington, 99205 as "Licensee." In consideration of tie following terms, conditions and covenants, the parties agree: I. Purpose., This Use Agreement licenses and grants permission to use public property or facilities that are owned or controlled by the City of Spokane Valley, hereinafter, `Premises." The Premises are described on Exhibit "A" attached hereto. 2. Event. This agreement is for the day to day use of the Hank Perry Radio Control Car Track located in Sullivan Park. Any event with 50 or more people will require Licensee to comply with the requirements of Spokane Valley Municipal Code 6.05.050. 3. Dates and Schedule. This agreement is in effect from the date of' execution through December 31, 2004, This agreement will automatically renew for one six -month term unless terminated by either party. Future renewals shall be subject to future plans for the use of Sullivan Park in the best interest of the community as to be deteriiined by the City of Spokane Valley. 4. Fees. Licensee agrees to pay or reimburse the City for all electrical charges and for support services as may be agreed upon in writing and provided by the City at the request of RCCCS. 5. Indemnification /Waiver. Licensee shall indemnify and hold harmless the City from any and all claims and expenses for loss or liability made against the City by any person or entity for personal injury or property damage that results directly or indirectly from any act, incident or accident occurring in, upon or about the Premises as a result of the acts, errors or omissions of the Licensee, its agents or event patrons, or arising in connection with the operations, use and occupancy of the Premises by Licensee, its agents or event patrons. Licensee further waives all claims against the City on account of any Toss, damage, and injury from whatever cause which may occur to it or its property in the use and occupancy of the premises, the delivery of this waiver being one of the considerations upon which this agreement is accepted. 6. Damage. Licensee shall reimburse the City for all damages to City property and improvements as a result of the acts, errors, or omissions of Licensee, its agents or event patrons. 7. Posting of Signs. Licensee shall not post, exhibit or allow to be posted any signs, advertisements, show bills or other items of any description, including any existing signs, on the Premises or any other area of the City except upon the written approval of the City Manager or Parks and Recreation Director. 8. Minimum Support: Personnel. Licensee agrees to employ at its sole cost, expense and liability, such minimum security, admission and support personnel as deemed necessary by the City Manager or Parks and Recreation Director to assure the safety of the event patrons and the Premises. Use Agreement Car Club Page 1 of 3 9. Copyright/Tradeniark. Licensee warrants on its own behalf and on the behalf of any performer or any other person permitted by Licensee upon the Premises, that all material presented, heard or shown has been duly licensed or authorized by the owners of any copyright or trademark. Licensee acknowledges sole responsibility for payment of any royalty fees and agrees to indemnify and hold harmless the City, their agents and employees for all claims and attorney fees that arise through a trademark or copyright dispute. 10. Concessions. All concession rights are reserved to the City. Licensee shall not sell or give away food or merchandise without the written consent of the City Manager or Parks and Recreation Director. 11. insurance. Unless waived by the City in writing, Licensee shall provide a Certificate of Insurance to the City with the following minimum coverages /limits: (a) Employer's Liability or Washington Employer's Stop Gap liability with a limit of no less than $1,000,000.00 per occurrence (including disease). (b) Commercial or Comprehensive General Liability with a limit of no Tess than $1,000,000.00 per occurrence and S2,000,000.00 in the annual aggregate for bodily injury, property damage and personal injury including premises and operations, products and completed operations and contractual liability. The City of Spokane Valley shall be named as an additional insured. 12. Special Conditions. In connection with the use and occupancy of the Premises, Licensee agrees to the following special conditions which are incorporated into this agreement as if fully set forth. The special conditions are set forth in Exhibit `A.' Attest: This Agreement is made this City Clerk, Christine Bainbridge Approved as to form: Deputy City Attorney, Cary P. Driskell day of , 2004. City Manager, David Mercier Licensee 13y: Tts: Use Agreement Car Club Page 2 of 3 1 Exhibit A Property Description The existing Radio Car facility known as the Hank Perry Radio Car Track which is located in Sullivan Park with boundaries as follows: on the north by the property line of City of Spokane Valley Sullivan Park, on the south by the north edge of the paved parking lot, on the west by the City of Spokane Valley Sullivan Park boundary and on the east by Sullivan Road. Special Conditions The property described is currently involved in a Parks and Recreation planning process and the RCCCS acknowledges that no expansion or improvements, including the replacement of existing facilities or fixtures shall be made to the facility during the term of this agreement. Except that approval for improvements will not be unnecessarily_ withheld once a long term decision on the use of Sullivan Park has been reached. General maintenance and repairs are the responsibility of RCCCS. RCCCS is required to pay power bills and other costs as might be directly associated with their operation. At a minimum, RCCCS will reimburse the City for all the utility bills for Avista meter number 36071675. Such bills are due and payable within 30 days of presentation by the City. The general season will be May 1 through October 31. During that period, the gates will be unlocked and the facility shall be open to the general public; except gates may be locked one week prior to major scheduled events as approved by the City of Spokane Valley. From November 1 through April 30, the gates will generally remain locked. Membership in the RCCCS or other organization shall not be a requirement for public utilization. No fees may be charged to enter and use the facility except for entry fees as provided by special event permit. The City .of Spokane Valley will continue to maintain the landscaped area adjacent to the track and will provide routine garbage service. All garbage generated in excess of regularly scheduled pickups shall be the responsibility of RCCCS. The Western Dance Hall shall have first right of paved parking lot use. Use of the paved parking must be specifically requested in advance by RCCCS. Electrical power shall be provided only through outlets as specified in writing by the City of Spokane Valley. The Western Dance Hall is under private lease and therefore electrical power from that facility is not allowed. No overnight camping shall be allowed. However, a limited number of vehicles for the purpose of overnight security may be permitted. Such use must be approved in writing by the City of Spokane - Valley. Use Agreement Car Club Page 3 of 3 i . � ATTACHMENTS Voucher Lists CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: 9 -14 -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 8/20/04: $ 1,234,976.71 Voucher listing total for 8/27/04: $ 46,078.14 Voucher listing total for 9/03/04: $ 1,121,259.66 OPTIONS: RECOMMENDED ACTION OR MOTION: Approve claims vouchers as listed above, totaling $ 2,402,314.51 BUDGET /FINANCIAL IMPACTS: STAFF CONTACT: Mary Baslington vchlist 08/20/2004 2:41:39PM Bank code: apbank Voucher Date Vendor 5393 8/20/2004 000335 ALTON'S TIRE 5394 8/20/2004 000037 AMERICAN LINEN 5395 8/20/2004 000569 BROOKS, SUMMER 5396 8/20/2004 000101 CDWG 5400 8/20/2004 000537 DAVID EVANS AND ASSOCIATES, IN 5401 8/20/2004 000278 DRISKELL, CARY 5402 8/20/2004 000612 EVANS, BECKY 5403 8/20/2004 000614 FALKNER, RONNA Invoice 5391 8/19/2004 000081 STATE OF WA, DEPART OF REVENUE 602 251 431 6 Voucher List Spokane Valley 06 -85567 06 -85622 458593 08/13/04 SB Reimb. OF59532 0G39170 5397 8/20/2004 000602 CHAMPLAIN PLANNING PRESS, INC. 16521 8/1/04 5398 8/20/2004 000109 COFFEE SYSTEMS INC 23204 5399 8/20/2004 000606 COLUMBIA FIBER SOLUTIONS 3856 Cust. # 7/31/04 3856 Cust. 7- 8/31/04 PO # 40275 Description /Account COMBINED EXCISE TAX RETURN Total : VEHICLE MAINTENANCE VEHICLE MAINTENANCE FLOOR MAT SERVICE SUBSCRIPTION COFFEE SUPPLIES INSTALLATION OF DARK FIBER DARK FIBER LEASE Total : Total : REIMBURSEMENT OF MILEAGE Total : 40268 SMALL TOOLS & MINOR EQUIPMEr 40266 SMALL TOOLS & MINOR EQUPMEN Total : Total : Total : Total : Total : Page: 1 Amount 356.38 356.38 101.83 23.12 124.95 45.23 45.23 60.04 60.04 159.36 607.90 767.26 115.00 115.00 132.03 132.03 13,620.60 75.67 13, 696.27 325.00 325.00 MPIC0000 -0014 LANDSCAPE DESIGN WORK 8/19104 Reimb. CD REIMBURSMENT FOR COUNTY DIF 12.50 Total : 12.50 08/18/04 Refund REFUND SHELTER RENTAL DEPO: 50.00 Total : 50.00 08/18/04 Refund REFUND FOR MIRABEAU SPRINGS 200.00 Page: 1 vchlist 08/20/2004 2:41:39PM Bank code : apbank Voucher Date Vendor Invoice 5403 8/20/2004 000614 000614 FALKNER, RONNA (Continued) 5404 8/20/2004 000071 GOLMAN, SUE 8/17/04 Reimburs. 5405 8120/2004 000222 ICMA RETIREMENT CORP. 22866 5406 8/20/2004 000022 INLAND BUSINESS PRODUCTS, INC. 51514 51548 5407 8/2012004 000117 JOURNAL NEWS PUBLISHING 5408 5409 5410 5411 5412 5413 8/20/2004 000033 MCPC 8/20/2004 000069 MERCIER, DAVID 8/20/2004 000157 MOAT, BRIAN 8/20/2004 000239 NORTHWEST BUSINESS STAMP 8/20/2004 000307 OFFICE OF THE STATE TREASURER 24908 24909 24913 24914 Viutter List Spokane Valley 4590445 40267 OFFICE SUPPLIES 4591213 CUBICLE REORGANIZATION CHAR Total : 08/16/04 DM Reimb. 8/18/04 DM Reimb. 08/18/04 Brian Moat 49995 08/19/04 State 8/20/2004 000605 OWENS ROOFING & GENERAL CONTRA 08/17/04 Refund PO # Description /Account REIMB. FOR OFFICE SUPPLIES Total : ICMA RETIREMENT PLAN CITY PHOTO I.D. CARD CITY PHOTO I.D. CARD LEGAL NOTICE - 8/6 & 8/13 LEGAL NOTICE 8/6 & 8/13 LEGAL NOTICE - 8/6/04 LEGAL NOTICE 8/6/04 Total : Total : Total : Total : REIMBURSEMENT FOR TRAVEL TRAVEL REIMBURSEMENT Total : RECONFIGURATION OF CUBICLES Total : 40273 NAME PLATES FOR CUBICLES Total : Total : Total : STATE REMITTANCES REFUND FOR PERMIT rage: 2 Amount 200.00 160.62 160.62 125.00 125.00 17.30 17,30 34.60 50.40 79.80 105.75 42.75 278.70 175.20 1,385.78 1,560.98 840.83 175.31 1,016.14 60.00 60.00 36.86 36.86 122,198.96 122,198.96 115.75 115.75 Page: 2 vchlist 08/20/2004 2:41:39PM Bank code : apbank Voucher 5414 5415 5416 5417 5418 5419 5420 5421 5422 5423 5424 5425 5426 Date Vendor 8/20/2004 000119 PIP PRINTING 8120/2004 000536 PLAYERS & SPECTATORS 8/20/2004 000494 PRO PEOPLE STAFFING SERVICES 8/20/2004 000322 ()WEST 8/20/2004 000601 RERC 8/20/2004 000024 RESOURCE COMPUTING INC. 8/20/2004 000415 ROSAUERS U -CITY 8/20/2004 000611 SCHILLINGER, DONNA 8/20/2004 000001 SPOKANE COUNTY TREASURER Invoice 8/20/2004 000011 SPOKANE VALLEY CHAMBER, OF COMA 102944 8/20/2004 000419 SUMMIT LAW GROUP Voucher List Spokane Valley 1330027853 08/16/04 Players IN- 157142 509- 921 -6787 511B 509 -922 -7091 494 08/18/04 RERC 36456 544978 08/18/04 Refund 8/20/2004 000308 SPOKANE COUNTY PROSECUTING, ATI 08/24/04 Fund 08/12/04 County 8/20/2004 000451 SPOKANE REGIONAL SPORTS, COMMIS 07/30/04 SPORTS COMM PO # 40239 40198 40278 Description /Account BUSINESS CARDS DAY CAMP FIELD TRIP TELEPHONE SERVICES TELEPHONE CHARGES SUBSCRIPTION IT SUPPORT MEETING SUPPLIES Total : Total : TEMPORARY EMPLOYMENT SERVI Total : Total : Total : Total : Total : REFUND SHELTER RENTAL DEPO: Total : CRIME VICTIMS COMPENSATION F Total : COUNTY CONTRACT PAYMENTS Total : LODGING TAX ALLOCATION ADVERTISING Total : Total : Page: 3 Amount 122.41 122.41 57.50 57.50 511.20 511.20 38.29 79.34 117.63 75.00 75.00 486.45 486.45 2.38 2.38 50.00 50.00 1,662.72 1,662.72 1,031,323.78 1,031,323.78 27,555.00 27,555.00 480.00 480.00 22959 PROFESSIONAL LAW SERVICES 2,032.00 Page: 3 vchlist 08/20/2004 2:41:39PM Bank code: apbank Voucner List Spokane Valley Page: 4 Voucher Date Vendor Invoice PO # Description /Account Amount 5426 8/20/2004 000419 000419 SUMMIT LAW GROUP (Continued) Total : 2,032.00 5427 8/20/2004 000398 TAN MOORE ARCHITECTS 8/2/04 Request 8 MIRABEAU POINT CENTERPLACE I 10,675.05 Total : 10,675.05 5428 8/20/2004 000516 TETRA TECH /KCM 143035 40174 SWALE EVALUATION 16,377.85 Total : 16,377.85 5429 8/20/2004 000613 THE SPOKESMAN - REVIEW 08/18/04 Refund REFUND SHELTER RENTAL DEPO: 50.00 Total : 50.00 5430 8/20/2004 000500 TOSHIBA 1866899 40269 SMALL TOOLS & MINOR EQUIPMEI 349.53 Total : 349.53 5431 8/20/2004 000610 TRANSWESTERN PUBLISHING 08/18/04 Refund REFUND SHELTER RENTAL DEPO; 50.00 Total : 50.00 5432 8/20/2004 000177 U.S. POSTAL SERVICE 08/06/04 Postal POSTAGE TO MAIL SC NEWSLETTI 166.51 Total : 166.51 5433 8/20/2004 000025 UNISOURCE CORPORATION 657 21228700 40257 COPIER PAPER 586.33 Total : 586.33 5434 8/20/2004 000167 VERA WATER & POWER 08/13/04 Vera STREET POWER LIGHTING/WATEF 186.37 Total : 186.37 5435 8/20/2004 000005 VMI, INC 170290 40258 LAVALIER WIRELESS MICROPHON 436.73 Total : 436.73 5436 8/20/2004 000615 WESTERN SHEET METAL & ROOFING 08/18/04 Reimb. PLAN DEPOSIT REIMBURSEMENT 150.00 Total : 150.00 45 Vouchers for bank code : apbank Bank total : 1,234,976.71 45 Vouchers in this report Total vouchers : 1,234,976.71 Page: 4 vchlist 08/20/2004 2:41:39PM Bank code : apbank Voucher Date Vendor Invoice PO # Description /Account Amount 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 certify to said claim. Finance Director Date Voucher L Page: 5 Spokane Valley Page: 5 vchlist 08/27/2004 5:02:39PM Bank code : apbank Voucher Date Vendor 5437 8/27/2004 000242 CAMPREGISTER.COM 5438 8/27/2004 000101 CDWG Invoice 234 Voucher List Spokane Valley OH02500 0J07688 0J15657 5439 8/27/2004 000326 CONSOLIDATED IRRIGATION DIST, #19 08/23/04 Dst. #19 5440 8/27/2004 000619 COSTCO MEMBERSHIP 08/20/04 5441 8/27/2004 000152 DEPARTMENT OF TRANSPORTATION RE- 313- ATB40810072 RE- 313- ATB40810073 5442 8/27/2004 000618 DEPT. OF FISH & WILDLIFE BLD-04 -04388 5443 8/27/2004 000278 DRISKELL, CARY 08/23/04 CD Reimb. 5444 8/27/2004 000246 EAST SPOKANE WATER DIST #1 8/19/04 Water #1 5445 8/27/2004 000028 FARMERS & MERCHANTS BANK 08/13/04 MasterCard 5446 8/27/2004 000556 GEORGE, CAROLYN 5447 8/27/2004 000002 H & H BUSINESS SYSTEMS 123069 8/13/04 MasterCard 2 08/17/04 CG Reimb. PO # 40270 SOFTWARE 40279 SOFTWARE 40286 SMALL TOOLS & MINOR EQUIPMEP Total : 40245 40264 Description /Account ON -LINE REGISTRATION SERVICE Total : WATER UTILITY CHARGES MEMBERSHIP APPLICATION REIMB TRAFFIC SERVICES MIANT REIMB ROADWAY MAINT OFF SYS' Total : REFUND REVIEW FEES TRAVEL REIMBURSEMENT WATER UTILITY CHARGES CREDIT CARD CHARGES CREDIT CARD CHARGES OFFICE SUPPLIES COST PER COPY CHARGES Total : Total : Total : Total : Total : Total : Total : Page: 1 Amount 17.50 50 102.99 189.97 421.94 714.90 150.34 150.34 90.00 90.00 3,426,65 7,994.72 11,421.37 550.00 550.00 115.67 115.67 735.56 735.56 1,375.07 226.12 1,601.19 10.63 10.63 270.27 Page: 1 vchlist 08/27/2004 5:02:39PM Bank code : apbank Voucher 5447 8/27/2004 000002 H & H BUSINESS SYSTEMS 5448 8/27/2004 000620 HOFFMAN, COLLEEN 5449 8/27/2004 000117 JOURNAL NEWS PUBLISHING 5450 8/27/2004 000114 JVH TECHNICAL 5451 8/27/2004 000621 KINS, COLLEEN 5452 8/27/2004 000033 MCPC 5453 5454 5455 5456 Date Vendor 8/27/2004 000822 MERRILL LYNCH 8/27/2004 000616 NEW HORIZONS Invoice (Continued) 123070 123073 123074 123177 123250 08/24/04 Refund 24955 24956 24957 8187 4594445 4595212 4595213 8/27/2004 000132 MODERN ELECTRIC WATER COMPANY 08343 -02 8/27/2004 000239 NORTHWEST BUSINESS STAMP 50038 V liva:ier List Spokane Valley 08/24/04 Refund 08/24/04 Refund PO # 40287 40277 40272 40282 Description /Account COST PER COPY CHARGES COPY PER COPY CHARGES COST PER COPY CHARGES COST PER COPY CHARGES COST PER COPY CHARGES Total : REFUND SHELTER RENTAL DEPO: Total : LEGAL NOTICE - 8/20 LEGAL NOTICE - 8/20 LEGAL NOTICE - 8/20 EXTENDED SERVICE PLAN REFUND SHELTER RENTAL DEN): Total : OFFICE SUPPLIES OFFICE SUPPLIES OFFICE SUPPLIES REFUND SHELTER RENTAL DEPO: Total : STREET POWER LIGHTING 22998 40292 REGISTRATION FOR ACCESS 2002 Total : OFFICE SUPPLIES Total : Total : Total : Total : rage: 2 Amount 67.42 120.37 33.33 12.71 165.31 669.41 50.00 50.00 51.00 54.00 54.00 159.00 1,309.95 1,309.95 50.00 50.00 192.32 207.79 172.64 572.75 50.00 50.00 69.05 69.05 398.00 398.00 23.73 Page: 2 Bank code : apbank vchlist VoU h r List Page: 3 08/27/2004 5:02:39PM Spokane Valley Voucher Date Vendor Invoice PO # Description /Account Amount 5456 8/27/2004 000239 000239 NORTHWEST BUSINESS STAMP (Continued) Total : 23.73 5457 8/27/2004 000623 NOVA SERVICES 08/24/04 Refund REFUND SHELTER RENTAL DEPO: 50.00 Total : 50.00 5458 8/27/2004 000512 OFFICETEAM 11421749 TEMPORARY EMPLOYMENT SERVI 571.73 11437435 TEMPORARY EMPLOYMENT SERVI 460.35 Total : 1,032.08 5459 8/27/2004 000029 PITNEY BOWES CREDIT CORP. 5618533 -AU04 MONTHLY COPIER RENTAL PAYME AP x447.53 4 Total: L447.53 5460 8/27/2004 000494 PRO PEOPLE STAFFING SERVICES IN- 157360 TEMPORARY EMPLOYMENT SERVI 408.96 Total : 408.96 5461 8/27/2004 000024 RESOURCE COMPUTING INC. 36443 IT SUPPORT 3,053.83 Total : 3,053.83 5462 8/27/2004 000415 ROSAUERS U -CITY 545484 MEETING SUPPLIES 11.17 Total : 11.17 5463 8/27/2004 000324 SCWD #3 170 - 0040 -03 8/20/04 WATER CHARGES 257.48 Total : 257.48 5464 8/27/2004 000184 SPLASH -DOWN INC 08/08/2004 Splash 40207 DAY CAMP FIELD TRIP 168.00 Total : 168.00 5465 8/27/2004 000617 SPOKANE COUNTY TREASURER, C/O C 8/16104 Liquor LIQUOR TAXES & PROFITS 2ND 01 4,708.36 Total : 4,708.36 5466 8/27/2004 000323 SPOKANE COUNTY UTILITIES 37059 - 109325 SEWER SERVICE 1,168.02 Total : 1,168.02 5467 8/27/2004 000406 SPOKANE REGIONAL CVB 8/4/05 TOURISM MARKETING CONTRACT 12,500.00 Total : 12,500.00 5468 8/27/2004 000311 SPRINT PCS 0141276664 -3 8/16 CELL PHONE CHARGES 716.68 Total : 716.68 Page: 3 vchlist 08127/2004 5:02:39PM Bank code : apbank VouCner List Page: 4 Spokane Valley Voucher Date Vendor Invoice PO # Description /Account Amount 5469 8127/2004 000500 TOSHIBA 1871407 40269 SMALL TOOLS & MINOR EQUIPMEt 2,071.30 Total : 2,071.30 5470 8/27/2004 000167 VERA WATER & POWER 08/19/04 Vera STREET POWER LIGHTING/WATEF 632.71 Total : 632.71 5471 8/27/2004 000608 WASHINGTON STATE UNIVERSITY F0007499 40280 REGISTRATION FOR JOHN HOHMP 279.00 F0007566 40280 REGISTRATION FOR NEIL KERSTE 279.00 Total : 558.00 35 Vouchers for bank code : apbank Bank total : 46,543.17 35 Vouchers in this report 1, the undersigned, do certify under penalty of perjury, that the materials have been furnished, the services rendered, or the labor performed as described herein and that the claim is just, due and an unpaid obligation against the City of Spokane Valley, and that I am authorized to authenticate and certify to said claim. Finance Director Date Total vouchers : 46,543.17 7 Se) -(fLf7.s3 Page: 4 vchlist 09/03/2004 1:26:33PM Bank code: apbank \_1 Voucher List Page: 1 Spokane Valley Voucher Date Vendor Invoice PO # Description /Account Amount 5484 9/3/2004 000197 AIR 70059 EMPLOYMENT BACKGROUND CHE 25.00 Total : 25.00 5485 9/3/2004 000037 AMERICAN LINEN 467242 FLOOR MAT SERVICE 45.65 Total : 45.65 5486 9/3/2004 000212 ATTORNEY & NOTARY SUPPLY 08/31/04 ANS 40295 NOTARY APPLICATION 42.98 Total : 42.98 5487 9/3/2004 000101 CDWG OL33943 40288 USB ADAPTER FOR CHRIS 40.69 Total : 40.69 5488 9/3/2004 000386 CHARRETTE 92251398 40289 OFFICE SUPPLIES 236.09 Total : 236.09 5489 9/3/2004 000143 CITY OF SPOKANE 00104058 8/26/04 VALLEY TRANSFER STATION DROI 5.00 Total : 5.00 5490 9/3/2004 000109 COFFEE SYSTEMS INC 23577 COFFEE SUPPLIES 70.58 Total : 70.58 5491 9/3/2004 000508 CONOCOPHILLIPS FLEET 870166725408 VEHICLE FUEL CHARGES 930.52 Total : 930.52 5492 9/3/2004 000035 CORPORATE EXPRESS 54442261 40285 OFFICE SUPPLIES 106.18 Total : 106.18 5493 9/3/2004 000629 FRIENDS OF THE CENTENNIAL, TRAIL 08/31/04 EVENT DEPOSIT REFUND 50.00 Total : 50.00 5494 9/3/2004 000609 GENDRONS, CO. 238 40281 SMALL TOOLS & MINOR EQUIPMEP 1,727.44 40281 Total : 1,727.44 5495 9/3/2004 000410 GRIFFIN PUBLISHING INC. 04702 SENIOR CENTER NEWSLETTERS Total : 321.41 321.41 Page: 1 vchlist 0910312004 1:26:33PM Bank code : apbank Voucher 5496 5497 5498 5499 Date Vendor Invoice Voucher List Spokane Valley 913/2004 000070 INLAND POWER AND LIGHT CO 08/27/04 IP&L 9/3/2004 000288 INTERNATIONAL CODE COUNCIL 0812900 -IN 1812476-IN 9/3/2004 000388 IRVIN WATER DIST. #6 112500.0 9/1/04 9/3/2004 000117 JOURNAL NEWS PUBLISHING 24947 24988 5500 9/3/2004 000562 LAIDLAW TRANSIT, INC. 5501 9/3/2004 000627 LIVING WORD CHRISTIAN CENTER 5502 9/3/2004 000033 MCPC 486918 08/31/04 Refund 4596655 4597943 4597944 4597945 4598680 5503 9/3/2004 000484 MOONEY & PUGH CONTRACTORS INC. 04 -001 7/31/04 5504 9/3/2004 000624 NATIONAL SEMINARS GROUP 08/31/04 MB Training 5505 9/3/2004 000058 OCCUPATIONAL MEDICINE, ASSOCIATE A500163 8/26/04 5506 9/312004 000029 PITNEY BOWES CREDIT CORP. 5618533 -AU04 PO ti Description /Account STREET POWER LIGHTING 40271 KEVIN MYRE SEMINAR TRAINING 40271 KEVIN MYRE SEMINAR TRAINING Total : WATER CHARGES ADVERTISING - 8/27 ADVERTISING - 8/27 FIELD TRIP BUS SERVICE REFUND SHELTER DEPOSIT 40272 CISCO SMARTNET CONTRACT 40282 OFFICE SUPPLIES 40283 OFFICE SUPPLIES 40291 OFFICE SUPPLIES 40290 OFFICE SUPPLIES EMPLOYMENT PHYSICALS MONTHLY COPIER PAYMENT Total : Total : Total : Total : Total : Total : 40176 PROJECT BILLING ON CENTERPLP Total : ACCOUNTS PAYABLE TRAINING Total : Total : -'age: 2 Amount 362.63 362.63 125.00 160.00 285.00 165.00 165.00 100.50 68.25 168.75 1,428.00 1,428.00 50.00 50.00 74.48 13.36 98.82 120.36 309.86 616.88 792,638.00 792,638.00 195.00 195.00 202.00 202.00 447.53 Page: 2 vchlist 09/03/2004 1:26:33PM Bank code : apbank Voucher List Spokane Valley Page: Voucher Date Vendor Invoice PO # Description /Account Amount 5506 9/3/2004 000029 000029 PITNEY BOWES CREDIT CORP. (Continued) Total : 447.53 5507 9/3/2004 000028 POWELL, WENA 08/31/04 Refund REFUND SHELTER DEPOSIT 50.00 Total : 50.00 5508 9/3/2004 000494 PRO PEOPLE STAFFING SERVICES IN- 157572 TEMPORARY EMPLOYMENT SERVI 511.20 Total : 511.20 5509 9/3/2004 000024 RESOURCE COMPUTING INC. 36482 IT SUPPORT 1,945.80 Total : 1,945.80 5510 9/3/2004 000003 ROYAL BUSINESS SYSTEMS 347136 COPY CHARGES 421.73 Total : 421.73 5511 9/3/2004 000189 SILVERWOOD THEME PARK 13045 40215 DAY CAMP FIELD TRIP 731.31 Total : 731.31 5512 9/3/2004 000172 SPOKANE COUNTY ENGINEERS 04 -28 COUNTY ENGINEERING SERVICES 86,859.59 Total : 86,859.59 5513 9/3/2004 000001 SPOKANE COUNTY TREASURER 08/30/04 County COUNTY CONTRACT PAYMENTS 217,279.50 Total : 217, 279.50 5514 9/3/2004 000626 SPOKANE VALLEY NAZARENE CHURCH 08/31/04 Refund REFUND SHELTER DEPOSIT 50.00 Total : 50.00 5515 9/3/2004 000211 STATE TREASURER 08/31/04 40299 STATE LICENSING FEE 20.00 Total : 20.00 5516 9/3/2004 000295 VALLEYFEST 08/31/04 Valleyfest TOURISM PROMOTION - VALLEYFE 5,000.00 Total : 5,000.00 5517 9/3/2004 000167 VERA WATER & POWER 08/25/04 Vera STREET POWER LIGHTING 1,702.80 Total : 1,702.80 5518 9/3/2004 000098 WA CITIES INSURANCE AUTHORITY 100072 40300 FIDELITY BOND 50.00 Total : 50.00 5519 9/3/2004 000625 WABASH VALLEY MANUFACTURING 190683 PARK TRASH RECEPTACLES 682.31 Page: 3 3 vchlist 09103/2004 1:26:33PM Bank code : apbank Voucher List - Page: 4 Spokane Valley Voucher Date Vendor Invoice PO # Description /Account Amount 5519 9/3/2004 000625 000625 WABASH VALLEY MANUFACTURIN( (Continued) Total : 682.31 5520 9/3/2004 000409 WASHINGTON STATE DEPARTMENT, OI 602 251 431 6 8/04 COMBINED EXCISE TAX RETURN 135.05 Total : 135.05 5521 9/3/2004 000021 WITHERSPOON, KELLEY, DAVENPORT • 68295 GENERAL LEGAL SERVICES - JUL1 3,883.71 69592 CODE ENFORCEMENT LEGAL SER 1,274.00 Total : 5,157.71 5522 9/3/2004 000541 WONDERLAND FAMILY FUN CENTER 8/31/04 Wonderland 40209 DAY CAMP FIELD TRIP 347.33 Total : 347.33 5523 9/3/2004 000310 WSAMA 08/30/04 WSAMA WSAMA CONFERENCE REGISTRA" 155.00 Total : 155.00 40 Vouchers for bank code : apbank 40 Vouchers in this report Total vouchers : 1,121,259.66 1, the undersigned, do certify under penalty of perjury, that the materials have been furnished, the services rendered, or the tabor 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 Bank total : 1,121,259.66 Page: 4 Item: Check all that apply: x consent ❑ information OPTIONS: RECOMMENDED ACTION OR MOTION: ATTACHMENTS CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: 9 - 14 - -04 City Manager Sign -off: AGENDA ITEM TITLE : Payroll for Period Ending August 31, 2004 GOVERNING LEGISLATION: PREVIOUS COUNCIL ACTION TAKEN: BACKGROUND: STAFF CONTACT: Daniel Cenis /Courtney Moore ❑ old business ❑ new business ❑ public hearing 0 pending legislation ❑ admin. report BUDGET /FINANCIAL IMPACTS: Payroll for period ending 08 31 - 04: Salary: $ 105,891.25 Benefits: $ 48,113.31 $ 154,004.56 CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: September 14, 2004 City Manager Sign -off: Item: Check all that apply: 0 consent X old business new business ❑ public hearing ❑ information ❑ admin. report ❑ pending legislation AGENDA ITEM TITLE: Proposed Ordinance Amending SVMC 3.25.020, Gambling Tax GOVERNING LEGISLATION: SVMC 3.25.020; RCW 9.46.110 PREVIOUS COUNCIL ACTION TAKEN: Administrative report August 24, 2004; First reading 9 -7 -04. BACKGROUND: The Council adopted a gambling tax on punchboards and pulltabs prior to incorporation. The Council intended to adopt a tax calculated on the gross receipts, less payouts and merchandise prizes, similar to what Spokane County did prior to incorporation. The Council inadvertently adopted a tax imposed on 5% of the gross revenue. This change was not noticed by the affected businesses, and was unknown to them until raised by the City in the last several months. Staff worked on arriving at a solution that would put the parties in the same position as was originally intended. Staff proposes repealing the tax provision for a limited time so that the amount assessed (most of which has yet to be collected) matches the correct length of time over which it should have been assessed, rather than the 6 quarters. The proposed solution in the Ordinance does so, but will take approximately 11 quarters (33 months) to accomplish, or catch up. On or about July 1, 2007, all of the payments will have been made (or liens taken), and the new provision changing the assessment to what was originally intended by the Council will come into effect. Meanwhile, no new taxes from pulltabs and punchboards would be imposed from October 1, 2004 to July 1, 2007. Councilman Flanigan asked whether the calculation also excludes from the taxed amount the cost of the pulltab or punchboard game pieces. The County did not have that language in its ordinance, and staff has determined that it is the State Department of Revenue that takes that approach. As such, staff recommends duplicating the County language. OPTIONS: Adopt as proposed, not adopt, request additional changes. RECOMMENDED ACTION OR MOTION: Motion to adopt proposed Ordinance 04 -037. BUDGET /FINANCIAL IMPACTS: The may be some minor tax revenue lost from new businesses that do not pay any of these taxes during the 33 months. STAFF CONTACT: Ken Thompson, Finance Director /Cary Driskell, Deputy City Attorney ATTACHMENTS: Proposed Ordinance 04 -037 Draft CITY OF SPOKANE VALLEY SPOKANE COUNTY WASHINGTON ORDINANCE NO. 04-037 AN ORDINANCE OF THE CITY OF SPOKANE VALLEY, WASHINGTON, AMENDING SPOKANE VALLEY MTJNICiPAL CODE 3.25.020(B), GAMBLING TAX REGULATIONS FOR THE CITY OF SPOKANE VALLEY. WHEREAS, RCW authorizes a city to provide for the taxing of any gambling activities within its jurisdiction; and WHEREAS, the City of Spokane Valley adopted Ordinance 03 -028 on January 28, 2003, to be effective upon the date of incorporation. Ordinance 03 -028 was later codified into Spokane Valley Municipal Code Chapter 3.25, Gambling Tax; and WHEREAS, SVMC §3.25.020(B)(1) provides for the imposition of a tax on punchboard and pulltab games for commercial businesses at the rate of 5% of gross receipts; and WHEREAS, the intent of the Council in adopting SVMC §3.25.020(B)(1) was to impose a tax on punchboard and pulltab games at the rate of five percent (5 %) of gross receipts, less the amount awarded as cash or merchandise prizes; and WHEREAS, the amount of assessed tax based on the erroneous tax rate on punchboards and pulltab games has resulted in a substantial increase in the amount of tax owed than was intended by the Council at the time of adoption; and WHEREAS, most commercial businesses operating punchboard and pulltab gaming since March 31, 2003, have paid tax amounts consistent with the methodology in place prior to incorporation, leaving a significant arrearage in the amount of gambling tax owed for those businesses; and WHEREAS, SVMC §3.25.020(B)(2) provides that bona fide charitable or nonprofit organizations shall pay a tax on punchboard and pulltab games equal to 10% of the gross receipts, less the amount awarded as cash or merchandise prizes; and WI-IEREAS, it is the desire of the Council t:o impose a gambling tax on punchboard and pulltab gaming that is identical for nonprofit, charitable or commercial businesses, to be equal to 5% of the gross receipts from the operation of pulltabs and punchboards, Tess the amount awarded as cash or merchandise prizes; and WHEREAS, the Council desires to negate the effect of the unintentionally high tax burden on these organizations by repealing SVMC §3.25.020(B) in its entirety, effective October 1, 2004, to be replaced with a new provision, effective July 1, 2007. This action is intended to result in the city receiving, as of July 1, 2007, only that amount of tax revenue that was intended by the Council at the time of original adoption of SVMC §3.25.020(B)(1). follows: NOW THEREFORE, the City Council of the City of Spokane Valley, Washington, ordains as Section 1. Intent. The City of Spokane Valley declares that the intent of this Ordinance is to repeal Spokane Valley Municipal Code §3.25.020(B) in its entirety, to be replaced with a new Spokane Valley Municipal Code §3.25.020(B) that becomes effective in the future in a manner that makes uniform the tax rate for all businesses engaged in pulltab and punchboard gaming. Ordinance 04-037 Amending SVMC 3.25.020 Page 1 of 2 Draft Section 2. SVMC §3.25.020(1.3) To Be Repealed. Spokane Valley Municipal Code §3.25.020(B) which is repealed in its entirety effective October 1, 2004, states as follows: B. Punchboards and Pulltabs. 1. Commercial stimulant operators shall pay a tax in an amount equal to five percent of the gross receipts from the operation of punchboards and pulltabs. • 2. Bona fide charitable or nonprofit organizations shall pay a tax in an amount equal to ten percent of the gross receipts from the operation of the games, Tess the amount awarded as cash or merchandise prizes. Section 3. Replacement SVMC &325.020(B) . A new Spokane Valley Municipal Code §3.25.020(B) shall become effective July 1, 2007, and shall read as follows: 13. Punchboards and Pulltabs. All organizations, whether for profit, nonprofit or bona fide charitable, shall pay a tax in an amount equal to five percent (5 %) of the gross receipts from the operation of punchboards and pulltabs, less the amount awarded as cash or merchandise prizes. Section 4. Punchboard and Pulltab Tax Arrcarage Payment. Those businesses obligated to pay gambling taxes pursuant to SVMC §3.25.020(B)(1) between March 31, 2003 and October 1, 2004 that have an arrearage on that tax obligation, shall have two options for payment. Each such business may either make full payment on the arrearage on or before October 1, 2004, or, in the alternative, enter into an agreement with the city to pay the arrearage in eleven (11) equal payments between October 1, 2004 and July 1, 2007. In the event an organization fails or refuses to pay its tax arrearage pursuant to one of the two options, the city shall immediately be authorized to seek payment of the arrearage through SVMC §3.25.060, or any other appropriate remedy available at law. Section 5. Severability. If any section, subsection, sentence or clause of this chapter is for any reason held to be invalid, such decision shall not affect the validity of the remaining provisions of this chapter. Section 6. Additional Provisions. The provisions of this chapter shall be in addition to and not a substitute for or limited by any other applicable laws. Section 7. Effective date. This Ordinance shall be in full force and effect five days after publication of this Ordinance or a summary thereof occurs in the official newspaper of the City as provided by law. Approved this day of September, 2004. ATTEST: Michael DeVleming, Mayor Christine Bainbridge, City Clerk Approved As To Form: Deputy City Attorney, Cary P. Driskell Date of Publication: Effective Date: Ordinance 04 -037 Amending SVMC 3. 5.020 Page 2 of 2 ATTACHMENTS: Draft Ordinance CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: September 14, 2004 City Manager Sign -off: Item: Check all that apply: ❑ consent ❑ old business ® new business ❑ public hearing ❑ information ❑ admin. report J pending legislation AGENDA ITEM TITLE: First Reading Consider an Ordinance amending provisions relating to "Clear View Triangles" GOVERNING LEGISLATION: Spokane Valley Ordinance 03 -53 and 03 -83. PREVIOUS COUNCIL ACTION TAKEN: City Council was briefed on the proposed changes in June 29, 2004. On July 20, 2004, City Council was brief on the enforcement implications of the proposal. Planning Commission held a public hearing on August 26, 2004, and recommended approval. BACKGROUND: Ordinance No. 03 -83 (the "Nuisance Ordinance) provides that the Public Works Director will promulgate policies relative to "clear view triangles." The Interim Zoning Regulations Section 14.810.020 of the Interim Zoning Regulations, provides measuring standards for "clear view" triangles and regulates the placement of fences and vegetative screens, including hedges and shrubbery, although the provisions have never been enforced and may be more appropriate to rural systems than urban areas. This section also regulates the fencing around swimming pools which was superseded by the International Codes on July 1, 2004. The Public Works Department proposes to establish the requirements for 'Clear View Triangles' by ordinance, within the Spokane Valley Uniform Development Code, to be enforced by the Community Development Department, The proposed ordinance will also relax the fencing requirements along flanking streets to permit six foot fences, provided they do not encroach on the "clear view triangle." The proposed standards measure the triangle from the curb or edge of pavement, rather than from the centerline of the street, as is presently the case. The proposed provisions eliminate the bias created by different right -of -way widths and is more clearly understood by property owners. In the event that the City wishes to avoid future visibility issues associated with fences, permits for new fences should be required. A determination of Non - Significance was issued on May 26, 2004 and a draft proposal was submitted to CTED and other agencies for their review. In reviewing the proposed ordinance, Planning Commission also recommended that electric fences be permitted within an existing fence, and that barbed wire, razor wire, or concertina wire on security fencing in industrial /commercial areas be permitted only above six feet. OPTIONS: Advance to a second reading, provide additional direction to staff or take no action. RECOMMENDED ACTION OR MOTION: Advance to second reading. BUDGET /FINANCIAL IMPACTS: Not applicable. STAFF CONTACT: Marina Sukup, AICP, Community Development Director DRAFT AN ORDINANCE OF THE CITY OF SPOKANE VALLEY, WASHINGTON, ESTABLISDING SECTION 7.06 OF THE SPOKANE. VALLEY UNIFORM DEVELOPMENT CODE; AMENDING ORDINANCE No. 03 -053 BY AMENDING SECTION 14.810.020 FENCES OF THE INTERIM ZONING CODE; AMENDING ORDINANCE No. 03 -83 RELATING TO THE PROHIBITION OF NUISANCES; PROVIDING FOR SEV'ERABILITY AND EFFECTIVE DATE. WHEREAS, the Interim Zoning Code adopted by the City of Spokane Valley pursuant to Ordinance 03 -053 regulates the placement of fences and vegetative screens, including hedges and shrubbery; and WHEREAS, Ordinance No. 03 -083 Prohibition of Nuisances effective on October 23, 2003 provides that vegetation, buildings, structures and fences that obstruct or hinder the use of any public walkway, sidewalk or street, or that obstructs or obscures the view of traffic or traffic control devices are prohibited nuisances; and WHEREAS, Ordinance No. 03 -83 further provides that the Public Works Director will promulgate policies relative to "clear view triangles"; and WHEREAS, the Community Development Director is responsible for the enforcement of nuisance ordinances; follows: NOW, THEREFORE, the City Council of the City of Spokane Valley, Washington, ordains as Section 1. Section 7.06 of the Spokane valley Uniform Development Code is hereby established to read as follows: "Section 7.06. Clear View Triangle A clear view triangle is a measurement applied at the intersection of two streets or the intersection of an alley or commercial driveway and a street, to ensure unobstructed vision of motorists and pedestrians. Within the clear view triangle, the space between three and seven feet above grade must be unobstructed (See Figure 7.06) and calculated as follows: Ordinance 04-038 Visibility. Triangle CITY OF SPOKANE VALLEY SPOKANE COt NTY, WASHINGTON ORDINANCE NO. 04-038 Vegetation within clear- view triangle Posted Speed Distance (in MPH) (in feet) 25 70 30 95 35 110 DRAFT a) Uncontrolled Intersection: the right isosceles triangle having sides of fifty feet (50' -0 ") measure along the curb line of each intersecting local access street (or five feet from edge of pavement for a street with no curbs), alley or commercial driveway (See Figure 7.06.a) ; or Figure 7.06.a. Uncontrolled Intersection SEE TABLE 7.06.1 THRpuGN STREET r0 PT. LOCAL ACCESS STREET b) Stop Controlled Intersection: the right triangle having a sixteen foot (16' -0 ") side measured along the curb line of a local access street (or five feet from edge of pavement for a street with no curbs), alley or commercial driveway, and the distance shown on Table 7.06.1 based on posted speed along the side along the curb line of the intersecting street (or five feet from edge of pavement for a street with no curbs)(See Figure 7.06.b) ; or Figure 7.06.b Stop Controlled Intersection M ary wcnw -..� - ,�'PC�P(iIr WN r<vvy \\ h nai.Or Y PN(CTii LINE Table 7.06.1 c) In cases including, but not limited to, arterials with posted speeds in excess of 35 m.p.h., one - way streets, steep grades and sharp curves the City Traffic Engineer will determine the appropriate measurement. Ordinance 04 -038 Visibility Triangles Page 2 of 5 GRAFT Section 2. Section 14.810.020 Fences of the Spokane Valley Interim Zoning Code is hereby amended to read as follows: "14.810.020 Fences 1. No sight- obstructing fence more than thirty -six (36) inches in height nor any non- sight - obstructing fence (cyclone) more than forty-eight (48) inches in height may be erected and/or maintained within the required front yard er-requiredof any lot used for residential purposes. Within a P.U.D. a fence may exceed the height limit specified herein if designated on a preliminary site plan when approved by the Hearing Body as part of the development concept. Such fence shall not exceed six (6) feet in height, although entranceway gates, arches, covered entrances, support structures, etc., may exceed this height when a specific design is presented and approved by the Hearing Body. When perimeter fencing is used with a P.U.D. design, a minimum of five (5) feet of landscaping is required between such fences and public /private pedestrian or roadway rights-of-way. Hedges, shrubbery, or other materials used in lieu of a fence and not a part of a landscaping requirement per Section 14.806.040, yet serving the same function as a fence, shall be considered a fence. A residential fence exceeding a height of six (6) feet requires a variance from the Hearing Body; 2. Neither residential commercial or industrial fencing, nor any sight obstruction which constitutes a hazard to the traveling public as -dete ••' • _ • - ' eee, shall be permitted on any corner lot in any zone within the area designated as the "clear view triangle" pursuant to the standards established in Section 7.06 of the Spokane Valley Uniform Development Code. This- area- tan -be -deter etNb+ measart -0 eente s hypotenuse- e€- the-ele ac -cues tFee street the tfif d t_the -tFe k from -- ground -lave ether g s i4t be-ae- higher than- three (3) feet above grade - • Geoaty--Engineor :,lte d-ar 3. The-areaerr b sabstaatiel-eanstFuet-ie a gate or-gee, -h g- latchin hn a nee leeated -e faste 's-n _ _ • 3-t. rivate- swimming peels -li g at , 0)-gal4 (-0) feet -ht- height -s r she11 be-pre ide a- mieiretr cover -the p ' fe pFevidijj of the -peel 4:3. In the Exclusive Agricultural, General Agricultural, RR -10, SRR -5 and SRR -2 Residential, and Mining zones, electric fences shall be permitted in accordance with the following standards: a. Electric fences shall be for the confinement of animals and control of predators. Ordinance 01 -038 Visibility Triangles Page 3 of 5 uFrounded- by- t* -fenec of s-/ga ted- and -sue =h feneed -area e -peelside - of - the- fence-- Ieeated seer qui-red- fence -as- meow -ef DRAFT b. Electric fences shall conform in all respects to the Washington State Rules and Regulations for electrical wiring, RCW 19.28, as to voltage, amperage, safety factors, and shall he energized only with Underwriters Laboratories approved exciting equipment. c. Electric fences shall be marked with warning signs at least twenty -four (24) square inches in area located every one hundred and fifty (150) feet. In the EA and GA zones when the area of the property concerned is twenty (20) acres or more and, providing further, where the fences are not adjacent to a public highway or platted area, the use of conspicuous insulators shall be considered sufficient warning when approved by the State Electrical Inspector. d. Electric fences shall be prohibited in all Industrial, Business, RS and SR -1 thru UR -22 Residential zones. 6. 4. Barbed wire fences shall be prohibited in RS and SR-I/2 thru UR -22 Residential zones. in the B -2, B -3 and Industrial zones, barbed wire may be used for security purposes only on the upper one - quarter (1/4) of the fence. 6. 5. Nonresidential fences in the Industrial, Business and Mining Zones are allowed up to eight (8) feet in height. Section 3. Ordinance 03 -083 is amended to read as follows: Section 4. Nuisances Prohibited. No person, fi.rm or entity shall erect, contrive, cause, continue, maintain or permit to exist any public nuisances within the City. Prohibited public nuisances include, but are not limited to: A. Vegetation. 1. Overhanging limbs or branches that are less than eight (8) feet above a public walkway or sidewalk, or less than fourteen (14) feet above a public street. 2. Vegetation that obstructs or hinders the use of any public. walkway, sidewalk or street, or that obstructs or obscures the view of traffic or traffic control devices, puts tw t- a -clear :: s— Its—as view- rrfiann • - - - - • o. � - - .. _ rovided in Section 7.06 of the S ,okane Valley Uniform Develo ment Code. 2, Ordinance 04-038 Visibility Triangles 3. Any growth of noxious weeds or any toxic vegetation shall be subject to WAC 17.750 as currently adopted and hereafter amended. 13. Building, Structures. Fences. 1. Buildings or portions thereof which a are deemed dangerous by the Spokane Valley Building Code (eur-rea • - • or—theacrgeferas 11u- ik#ittgs -) provided that such conditions or defects exist to the extent that life, health, property or safety of the public or the structures occupants are endangered. Any fence that obstructs or hinders the use of any public walkway, sidewalk or street, or that obstructs or obscures the view of traffic or traffic control devices, pursuant to clear vices - trittt g e— pelictie _ _ ... - c Fks— Difector as provided in Section 7.06 of the Spokane Valley Uniform Development Code. Page 4 of 5 DRAFT Section 5. Severability. If any section, sentence, clause or phrase of this ordinance shall be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of any other section, sentence, clause or phrase of this ordinance. Section 5. Effective Date. This Ordinance shall be in full force and effect following its passage and subsequent publication in the official newspaper of the City as provided by law. ATTEST: PASSED by the City Council this day of 2004. City Clerk, Christine Bainbridge Approved as to Form: Deputy City Attorney, Cary Driskell Date of Publication: Effective Date: Mayor, Michael DeVleming Ordinance 04 -038 Visibility Trianglcs Page 5 of 5 Meeting Date: September 14. 2004 City Manager Sign-off Item: Check all that apply [1 consent ❑ old business Q new business E] public heanng ❑ information ❑ admin report ® pending legislation AGENDA ITEM TITLE: Street Vacation Request STV -04 -04 for a 20 foot alley on Lewis Road located east of 1" Avenue between Assessor's Parcel Nos.45192.0I0I and 45192.0102. PREVIOUS COUNCIL ACTION TAKEN: City Council adoption of Ordinance No 04 -001 (Street Vacations) in January 2004, and on July 27, 2004, authorized a public heanng before the Planning Commission on August 26. 2004 (Resolution No. 04 -023). BACKGROUND: CITY OF SPOKANE VALLEY Request for Council Action McCallum Ford Sales, Inc , P O. Box 13309, 8200 E Sprague Avenue, Spokane Valley. WA 99213, the owner of Parcels No. 45192.0101 and 45192.0102 requests the abandonment of a twenty foot alley located between the two parcels Property to the east is fully developed. Following the public hearing. Planning Commission recommended approval subject to compliance with the provisions of the ordinance and the reservation of necessary easements for private utilities OPTIONS: Approve, provide staff with additional direction, or disapprove. RECOMMENDATION: Approval subject to compliance with the provisions of the ordinance and the reservation of necessary easements for private utilities. STAFF CONTACT Manna Sukup, AICP, Community Development Director DRAFT CITY OF SPOKANE VALLEY SPOKANE COUNTY, WASHINGTON ORDINANCE NO. 04 -039 AN ORDINANCE OF THE CITY OF SPOKANE VALLEY, WASHINGTON, PROVIDING FOR THE VACATION OF AN UNIMPROVED TWENTY (20)- FOOT ALLEY LOCATED EAST OF VISTA ROAD APPROXIMATELY ONE BLOCK SOUTH OF SPRAGUE AVENUE, AND PROVif)ING FOR OTHER MATTERS PROPERLY RELATING THERETO. WHEREAS, the City Council through Resolution initiated the vacation of an unimproved twenty (20) - foot alley located between Parcels No. 45192.0101 and 45192.0102, east of Vista Road, approximately one block south. of Sprague Avenue, by providing that a hearing on the proposal to vacate the above street would be held before the Planning Commission on the 26th day of August, 2004, for the purpose of considering whether the vacation is in the public interest; WHEREAS, following a hearing before the Planning Commission, it has been found and determined that the vacation of the above - referenced street complies with City Ordinance 04- 002 Section 11 (SVMC Chapter 10.05) and includes one or more of the following findings: (1) The change of use or vacation will serve the public interest; (2) The Street or Alley is no longer required for public use or access; or (3) An alternative public way or private access would be more useful to the public and adjoining land owners; WHEREAS, the Planning Commission findings and/or minutes have been filed with the City Clerk as part of the public record supporting the vacation; WHEREAS, fifty percent (50 %) of the property owners abutting the property to be vacated did not file with the City Clerk, a written objection to the proposed vacation; WHEREAS, through ordinance the City shall provide that the vacated property be transferred to the abutting property owners, one -half to each, unless circumstances require a different division of property, that the zoning district designation of the properties adjoining each side of the street shall attach to the vacated property; that a record of survey shall be submitted to the Director of Community Development and that all direct and indirect costs of title transfer to the vacated street be paid by the proponent or recipient of the transferred property; WHEREAS, the City Council pursuant to RCW Chapter 35.79 and City Ordinance No. 04 -002 (SVMC Chapter 10.05) desires to vacate the above street as set forth herein. NOW, THEREFORE, the City Council of the City of Spokane Valley, Spokane County, Washington, do ordain as follows: Section 1. Findings of Fact. The City Council makes the following findings of fact: (1) the City Department of Public Works has reviewed the right -of -way to be vacated and Ordiitacne O4 -039 Vacation STV 04 -04 Page 1 of 4 DRAFT determined that the property adjacent to the vacated property is otherwise served by public or private access; (2) a public hearing on the proposed vacation has been held in accordance with State Law and City Ordinance before the Planning Commission with the record of such hearing and proceedings lodged with the City Clerk; (3) a written protest has not been filed with the City Clerk by at least fifty percent (50 %) of the abutting property owners; and (4) vacation of the street or alley serves the public interest. Section 2. Property to be Vacated. Based upon the above findings and in accordance with this ordinance, the City Council does hereby vacate the street or alley described on the attached Exhibit "A" which is incorporated herein by reference. Section 3. Zoning. The Zoning designation for the vacated property shall be the designation attached to the adjoining properties as set forth within the respective property or lot lines. The Director of Community Development is authorized to make this notation on the official zoning map of the City. Section 4. Conditions of Vacation. The following conditions shall be fully satisfied prior to the transfer of title by the City. 1. A record of survey shall be submitted to the City in accordance with City Ordinance 04 -002, Section 16 (SVMC Chapter 10.05). 2. Fees and Costs associated with the transfer of title to the vacated property shall be paid by the recipient (or grantee) of such property. The fees and costs include all direct and indirect costs of title transfer to the vacated street. 3. Unless otherwise agreed by the Director of Public Works, a reservation in the form of an easement providing for private and public utility services shall be made in the vacated area. Section 5. Closing. Following satisfaction of the above conditions, the City Clerk shall record a certified copy of this Ordinance in the office of the County Auditor and the City Manager is authorized to execute all necessary documents, including a Quit Claim Deed, in order to complete the transfer of the property identified herein. Section 6. Severability. If any section, sentence, clause or phrase of this Ordinance shall be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of any other section, sentence, clause or phrase of this ordinance. Section 7. .Effective Date. This Ordinance shall be in full force and effect five (5) days after publication of this Ordinance or a summary thereof in the official newspaper of the City of Spokane Valley as provided by law. Ordinacnc 04 -039 Vacation STV 04 -04 Page 2 of 4 DRAFT ATTEST: PASSED by the City Council this day of 2004. City Clerk, Christine Bainbridge Approved As To Form: Deputy City Attorney, Cary P. Driskell Date of Publication: Effective Date: Ordinacne 04 -039 Vacation STV 04 -04 Mayor, Michael De \'leming Page 3 of 4 DRAFT Exhibit "A" Property Description A twenty -foot alley located between Parcels No. 45192.0101 and 45192.0102 east of Vista Road, approximately one block south of Sprague Avenue. Ordinacne D4-034 Vacation STV 04 -04 Palm 4 CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: September 14, 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 : Setting of Public Hearings for 2005 Budget GOVERNING LEGISLATION: State budget law PREVIOUS COUNCIL ACTION TAKEN: The city council has not taken formal action on the 2005 budget. Staff and the council have discussed goals, outside agency funding and projected revenues for 2005, but no formal action has been taken. BACKGROUND: State budget law requires that the city council formally set one or more public hearings for review of the 2005 city budget. Our budget calendar proposes October 12 and October 26 as dates for public hearings. OPTIONS: The city held two public hearings in 2003 to receive public input on the 2004 budget. Assuming the council would like two hearings again this year, the council should designate two dates. Any two dates will work as long as we allow adequate notice for publication in the newspaper. RECOMMENDED ACTION OR MOTION: Staff recommends a motion to conduct public hearings on the 2005 budget, at the council meetings on October 12 and October 26. These dates have been listed on our budget calendar since early 2004. BUDGET /FINANCIAL IMPACTS: None STAFF CONTACT: Ken Thompson, Finance Director OPTIONS: Meeting Date: September 14, 2004 City Manager Sign -off: Item: Check all that apply: ❑ consent ❑ old business ❑ new business ❑ public hearing x information ❑ admin. report ❑ pending legislation AGENDA ITEM TITLE : Preliminary 2005 Budget Report GOVERNING LEGISLATION: PREVIOUS COUNCIL ACTION TAKEN: BACKGROUND: City Manager Mercier will introduce and review the accompanying Preliminary Budget Report for 2005. RECOMMENDED ACTION OR MOTION: BUDGET /FINANCIAL IMPACTS: STAFF CONTACT: Dave Mercier ATTACHMENTS: CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: September 14, 2004 City Manager Sign -off: CITY OF SPOKANE VALLEY Request for Council Action Item: Check all that apply: ❑ consent ❑ old business ❑ new business ❑ public hearing x information ❑ admin. report ❑ pending legislation AGENDA ITEM TITLE : Discussion on Pines /Mansfield Mitigation Agreement GOVERNING LEGISLATION: Growth Management Act PREVIOUS COUNCIL ACTION TAKEN: None BACKGROUND: The intersection at Pines and Indiana is operating below acceptable levels of service. To mitigate this problem and allow for future development of surrounding property, the City, in cooperation with surrounding property owners, has developed a draft agreement where the costs to improve the intersection are divided between the City, State of Washington and the property owners. The street project is on the City 6 year TIP and is known as the "Pines /Mansfield' project. Prior to incorporation, Spokane County and WSDOT received a grant commitment from the TIB that covers 70% of the design and construction of the project. Additional federal funds are needed to complete the project's funding package. At present, the Federal Government has not re- authorized the transportation program that would provide these remaining funds. During the drafting of the subject agreement it appeared there would be a required contribution from the City of $55,000, Recently, WSDOT revised their project cost estimate and there is approximately $960,000 needed to complete the funding package. Property owners who desire to develop their property are ready to enter into an agreement with the City to jointly fund their portion of the project to mitigate their traffic impacts. Attached is a Memo that addresses the concurrency requirement of the Growth Management Act and answers questions posed by Public Works Staff. Council direction is sought with respect to the City's commitment in the Mitigation Agreement. It appears there are three options: (1) do not enter into the Mitigation Agreement; (2) enter into the Mitigation Agreement and assume financial responsibility for funding shortfalls; or (3) enter into the Mitigation Agreement subject to the City receiving additional funds to complete the project and limit the City's financial contribution to a budgeted amount. OPTIONS: RECOMMENDED ACTION OR MOTION: See Above BUDGET /FINANCIAL IMPACTS: To be determined. STAFF CONTACT: Neil Kersten, Stanley Schwartz ATTACHMENTS Memorandum from City Attorney Stanley Schwartz M EMO WITHERSPOON, KELLEY, DAVENPORT & TOOLE, P.S. TO: CC: Steve Worley, Senior Engineer City of Spokane Valley Neil Kersten, Director of Public Works Cary Driskell, Deputy City Attorney Marina Sukup, Director of Community Development FROM: Stanley M. Schwartz, Attorney DATE: August 24, 2004 RE: Pines /Mansfield Mitigation Agreement T. INTRODUCTION This memorandum will answer the questions set forth below. TT ANALYSIS A. Growth Management Act - Concurrcncy The Growth Management Act requires that a Comprehensive Plan have a capital facility element that consists of, at least, a six year plan that will finance capital facilities. The law further requires the City to "clearly identify sources of public money for such purposes." RCW 36.70A.070. After adoption of a GMA Comprehensive. Plan, the jurisdiction must adopt and enforce an ordinance which prohibits development approval if the level of service on a transportation facility declines below the standards adopted in the transportation element of the plan unless improvements or strategies are in place to accommodate the impacts of development. RCW 36.70A.070(6)(b). This is the concept that is commonly referred to as " concurrency." For purposes of the transportation requirement, concurrent with the development means: improvements or strategies are in place at the time of development, or that a financial commitment is in place to complete the improvements or strategies within six years. Id. The rules which accompany the Growth Management Act discuss the concept of concurrency. There is recognition that a local government may fashion its own regulatory response to the question of concurrency. A moratorium is not the only answer if there is a period C:U)ocumcnts and SettingslebninbridgelLocal SettingsVremporary Internet Files\OLK6A lConcurrency Menlo Worley082404_doc 1 when concurrency is not maintained. WAC 365 -195 -070. In other words, for transportation concurrency, the City has a duty to either have the transportation improvement (or strategy)' in place and concurrent with the development or provide that it will be constructed (or implemented) within six years of the date of the development. The Pines /Mansfield Agreement is a transportation financial commitment that will satisfy the concurrency requirement. B. Pines Road Mitigation Agreement Your first question is: "If a developer signs a Mitigation Agreement and pays their proportionate share of the project cost as previously agreed, can we issue them build ing permits and still be within the concurrency regulations ?" If a developer signs a Mitigation Agreement and pays their proportionate share, the City can issue a building permit provided the City makes a financial commitment to develop the street improvement. This financial commitment will be expressed through execution of the Mitigation Agreement and the six year transportation improvement plan of the City. Keep in mind, that the commitment to develop the street is made regardless of the availability of federal or state funds. With respect to Pines/Mansfield, this means that the City will guarantee construction of the improvement through City funds if federal or state funds are not available for the project. The second question is: "Does the PinesiMansfield project have to be fully funded before we can issue building permits ?" The answer to the question is yes, in the sense that the City must make a "financial commitment" to complete the improvement. In the absence of such a commitment, building permits should not be issued. The third question is: "What are the ramifications if developers sign the Mitigation Agreement and pay their share of the costs, the City issues them building permits, and then the Pines /Mansfield project does not receive federal grant funds to cover the estimated funding shortfall ?" 1 RCW 36.70A.070(6)(b) uses the term "strategy" as a alternative to constructing an improvement. A transportation strategy can be increased public transportation, ride sharing, demand management and other system management. For l'ines/Ivtansfield the above strategies may be an alternative to street construction. C :\I) currents and SettingslcboinbridgetLocal SettingslTcmpomry Internet FileslOL.K6A\Concurrency Memo Worley0$2404.doc 7 If the Mitigation Agreement is executed by the developers and the City does not receive federal or state funds to construct the improvement, then the City must honor its financial commitment and construct the road /street improvement. The City has a duty under state law to ensure concurrency. i note we should review the Mitigation Agreement to be clear on the concurrency and contractual commitment for the street improvement. The fourth question is: "What are the ramifications if developers sign the Mitigation Agreement and pay their share of the costs, the City issues them building permits, and then the Pines /Mansfield project does get enough federal funds to cover a portion of the estimated funding shortfall ?" This question is answered in the same way as question number 3. The final question is: "What risks and liabilities does the City have in each of the situations described above ?" The risk to the City is that if federal and /or state funds are not available to assist in the construction of the street improvement, then the City must fund that portion of the street improvement that has not been paid for through developer contributions. III. CONCLUSION The concurrency requirement in growth management mandates that available street facilities (or strategies) be in place at the time of development or that a financial commitment is made to construct the improvement within six years from the date of the development. If such a financial commitment is not available, then the City will not be able to represent (or certify) that the development is concurrent with the available infrastructure. In the absence of such a certification. the City will not have complied with the Growth Management Act. For the Pines/Mansfield Mitigation Agreement, the City may receive developer contributions and allow development to proceed provided there is a financial commitment to develop the street improvement project. Presently, the City is relying upon a financial contribution from the federal and state governments that will aid in the street construction. If the City accepts money under the Mitigation Agreement, then the City is bound to see that the street improvement is completed regardless of the availability of federal or state funds. If you have any questions please contact me. C:1Documents and SettingslcbainbridgelLocal SeuingsVrcmporary Internet rilcslOLK6A\Concurrency i` smo Worle)082404.doe 3 CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: September 14, 2004 City Manager Sign -off: Item: Check all that apply: ❑ consent x old business ❑ new business ® public hearing ❑ information x admin. report ❑ pending legislation AGENDA ITEM TITLE: Motorized foot scooters. GOVERNING LEGISLATION: Chapter 46.61 RCW PREVIOUS COUNCIL ACTION TAKEN: Administrative report, August 10, 2004. BACKGROUND: This is the second touch on this matter. Several citizens of Spokane Valley have registered complaints with the city about the increasing use of motorized foot scooters in the city. Citizen complaints have focused on two general areas of concern: (1) the noise these machines make; and (2) the safety of operators of these machines, especially when the operators are young. In order to keep the Council informed on this issue and its relation to maintaining the health and welfare of citizens of Spokane Valley, staff has conducted research into (1) local injury statistics; (2) provisions of state law that regulate motorized foot scooters; (3) the authority of a municipality to enact additional regulations of motorized foot scooters; and (4) what other Washington municipalities have done to regulate or limit the access of motorized foot scooters. Please review the attached materials that provide what appear to be the most relevant discussion points. OPTIONS: Consider and discuss policy interests of the City; instruct staff to provide a draft ordinance for review; instruct staff to do nothing. RECOMMENDED ACTION OR MOTION: BUDGET /FINANCIAL IMPACTS: N/A STAFF CONTACT: Cary P. Driskell, Deputy City Attorney; Joshua J. Leonard, Legal Intern ATTACHMENTS: Powerpoint on policy discussion points. Motorized Foot Scooters Policy Point Discussion September 14, 2004 Presented by Cary P. Driskell, Deputy City Attorney and Joshua J. Leonard, Legal Intern 2 Age Limit At (east 18 years of age? o At (east 16 years of age? oAt (east 12 years of age? RCW 46.6t710 — motorized foot scooter have same right of access to roads as bicycles 3 Hours of Operation ()Outright ban on operation after dusk? ()Allowed to operate if using WSP approved lamps and /or reflectors? RCW 46.61.710 — motorized foot scooter have same right of access to roads as bicycles. Bicycles are allowed after dark so long as properly lighted. RCW 46.61.780(1) — provides regulations on required lighting, distances required to be seen from. 4 Mufflers o Require state - approved muffling device? o Primarily an issue with 2 stroke engines. 5 Passengers o Will passengers be completely banned? RCW 46.61.710 — motorized foot scooter have same right of access to roads as bicycles. RCW 46.61.760(1) — may only ride astride or upon a permanent and regular seat attached to the bike. RCW 46.61.760(2) — can only carry the number of people for which it was designed (number of seats). 6 Helmets o Will helmets be required for operation of any motorized foot scooter or other similar type of vehicle? o Helmets only required for operators under 18 years of age? 7 Types of Access ()Restrict access from certain areas? . Public sidewalks? . Bicycle lanes? . City -owned property? . City parks? . Arterials? . Centennial Trail? RCW 46.61.710 — motorized foot scooter have same right of access to roads as bicycles. RCW 46.61.770(1) — person operating a bicycle on roadway at speed less than normal flow of traffic shall ride as near the right side of the right through lane as is safe (except when turning). RCW 46.61.758(1) -(3) — requires hand signals for turns and stopping or decreasing speed). 8 Penalty /Enforcement ()Monetary penalty? Amount? ()Forfeiture of vehicle? co Safety class? 9 Responsible person Seek enforcement against the rider only? • Seek enforcement against parent/guardian? © Seek enforcement against both if adult and minor? • Discuss similarities to proposed bicycle helmet law? 10 Meeting Date: 09 - 14 - 04 Item: Check all that apply: ❑ consent x information AGENDA ITEM TITLE : Appointment Process: Planning Commission GOVERNING LEGISLATION: PREVIOUS COUNCIL ACTION TAKEN: BACKGROUND: Planning Commission William Gothmann (3 -year term) Appointed: 12 -31 -03 Ian Robertson (3 year tern) Appointed: 12 -31 -03 John Carroll (3 year term) Appointed: 12 -31 -03 Fred Beaulac (2 year term) Appointed: 12 -31 -03 Gail Kogle (2 year tens) Appointed: 12 -31 -03 David Crosby (1 year term) Appointed: 12 -31 -03 Robert Blum (1 year term) Appointed: 12 -31 -03 For purposes of clarification: At the October 14, 2003 Council meeting: Motion consideration: Clarification of intent and Reaffirmation of Planning Commission Appointments: City Attorney Schwartz explained that Ordinance 35 provides that Planning Commission terms expire on the thirty -first (3 I) day of December; but that clarification is needed if year 2003 or 2004 was intended as the first expiration date. It was moved by Deputy Mayor Wilhite and seconded by Councilmentber Flanigan that the Planning Commission members he reappointed for their identified terms, effective December 31, 2003, with the understanding that their respective appointments and terms be measured from December 31, 2003 and not April 15, 2003. Mayor DeVleining invited public comment; none was offered. Vote by acclamation: In favor: Unanimous. Opposed: !mate. Abstentions: None. Motion carried. OPTIONS: RECOMMENDED ACTION OR MOTION: BUDGET /FINANCIAL IMPACTS: n/a CONTACT: Mayor DeVleming CITY OF SPOKANE VALLEY Request for Council Action City Manager Sign -off: ❑ old business ❑ new business ❑ public hearing ❑ admin. report ❑ pending legislation Term Expires: 12-31-06 Term Expires: 12 -31 -06 Term Expires: 12 -31 -06 Tern Expires: 12 -31 -05 Term Expires: 12 -31 -05 Term Expires: 12 -31 -04 Term Expires: 12 -31 -04 ATTACHMENTS Spokane Valley Municipal Code Title 2.55 Planning Commission Chapter 2.55 PLANNING COMMISSION Sections: 2.55.010 Establishment and purpose. 2.55.020 Membership. 2.55.030 Meetings — Rules. 2.55.040 Staff support. 2.55.050 Duties and responsibilities. 2.55.010 Establishment and purpose. There is created the City of Spokane Valley planning commission. The purpose of the planning commission is to study and make recommenda- tions to the mayor and city council for future planned growth through continued review of the City's comprehensive land use plan, development regulations, shoreline management, environmental protection, public facilities, capital improvements and other matters as directed by the city council. (Ord. 04 -005 § 1, 2004; Ord. 35 § 1, 2003). 2.55.020 Membership. A. Qualifications. The membership of the plan- ning commission shall consist of individuals who have an interest in planning, land use, transporta- tion, capital infrastructure and building and land- scape design as evidenced by training, experience or interest in the City of Spokane Valley. B. Appointment. Members of the planning commission shall be nominated by the mayor and confirmed by a majority vote of at least four mem- bers of' the city council. Planning commissioners shall be selected without respect to political affili- ations and shall serve without compensation. The mayor, when considering appointments, shall attempt to select residents who represent various interests and locations within the City. C. Number of Members /Terms. The planning commission shall consist of seven members. All members shall reside within the City of Spokane Valley. The terms for the initial commissioners shall be two one -year terms, two two -year terms and three three -year terms. The initial members and their terms shall be decided by the mayor and confirmed by the city council. Subsequent terms shall be for a three-year period. Terms shall expire on the thirty -first day of December. D. Removal. Members of the commission may be removed by the mayor, with the concurrence of the city council, for neglect of duty, conflict of interest, malfeasance in office, or other just cause, or for unexcused absence from three consecutive Spokane Valley Municipal Code 2.55.050 regular meetings. Failure to qualify as to residency shall constitute a forfeiture of office. The decision of the city council regarding membership on the planning commission shall be final and without appeal. E. Vacancies. Vacancies occurring other than through the expiration of terms shall be filled for the unexpired term in the same manner as for .. appointments : __ F. Conflicts of .Interest. Members of the plan- ning commission shall fully comply with Chapter 42.23 RCW, Code of Ethics for Municipal Offic- ers; Chapter 42.36 RCW, Appearance of Fairness; and such other -rules and regulations as may be adopted from time- to time by the city council reg- ulating the conduct of any person holding appoint- ive office within - the -City. No-- elected - .official - -or City employee may be a member of the planning commission. (Ord. 04 -005 § 2, 2004; Ord. 35 § 2, 2003). 2.55.030 Meetings — Rules. A. The planning commission shall every year organize and elect from its members a chair, who shall preside at all meetings of the commission and perform such other functions as determined by rule. A vice chair shall be elected to preside in the absence of the chair. A majority of the commission members shall constitute a quorum for the transac- tion of business, and a majority vote of those present shall be necessary to carry any proposition. B. The commission shall determine a regular meeting schedule (time, place and frequency) and shall meet at least one time every month. All meet - ings shall be open to the public. C. The commission shall adopt such rules and procedures as are necessary for the conduct of business and shall keep a taped record of its pro- ceedings. (Ord. 04 -005 § 3, 2004; Ord. 35 § 3, 2003). 2.55.040 Staff support. Administrative staff support to the planning commission shall be provided by the city planning and community development department. In addi- tion, the commission, through its chair, may request formal opinions or memorandums from the city attorney or planning and community develop- ment director on any pending matter. (Ord. 04 -005 4, 2004; Ord. 35 § 4, 2003). 2.55.050 Duties and responsibilities. The planning commission as an advisory body to the city council, shall perform and have the fol- lowing duties and responsibilities: A. Assist in the preparation of a comprehensive plan and development regulations in compliance with Chapters 36.07A and 35A.63 RCW, including the establishment of procedures for early and con- tinuous public participation in the development and arendment of the comprehensive plan and the development regulations; B. Review plans and regulations related to land use management, shoreline management, environ- mental policy, transportation systems, public facil- ities and capita] infrastructure planning and development; C. Upon request from the city manager or city council, review potential annexations to the City; D. Where design review is required by land use ordinances of the City, perform such design review unless that review is delegated to some other appointed body or City staff E. Identify issues and recommend priorities for geographic subareas including park and open space areas in the City; F. Meet and confer with the hearing examiner to review the administration of land use policies and ordinances to enhance the planning and per- mitting process; G. Make periodic written and oral reports to the city council addressing work in progress and other significant matters relating to the. City; H. Hold public hearings in the exercise of duties and responsibilities; 1. Perform such other duties and powers as may be conferred by ordinance, resolution or motion of the city council. Unless otherwise assumed by the city council, the planning commission shall hold all public hear- ings required to be held in the course of adoption or amendment to the comprehensive plan, the devel- opment regulations, adoption or amendment of the zoning map, or adoption or amendment of regula- tions for the subdivision of land, shoreline manage- ment, environmental regulations, and other land use ordinances of the City. (Ord. 04 -005 § 5, 2004; Ord. 35 § 5, 2003). /J--- CITY OF SPOKANE VALLEY L) Request for Council Action Meeting Date: 09 -14 -04 City Manager Sign -off: Item: Check all that apply: ❑ consent ❑ old business ❑ new business ❑ public hearing x information ❑ admin. report ❑ pending legislation BACKGROUND: According to RCW 42.17(3), local agencies are to maintain and make available for public inspection and copying, a current index providing identifying information as to the certain records such as statements and interpretations of policy administrative staff manuals and planning policies and goals, interim and final planning decisions factual staff reports and studies, factual consultant's reports and studies CD scientific reports and studies other factual information derived from tests, studies, reports, or surveys, materials relating to any regulatory, supervisory, or enforcement responsibilities RCW 42.17(4) states that such indexes need not be maintained if to do so would be unduly burdensome And if that is the case, the agency shall: (a) Issue and publish a formal order specifying the reasons why and the extent to which compliance would unduly burden or interfere with agency operations; and (b) Make available for public inspection and copying all indexes maintained for agency usc. AGENDA ITEM TITLE : Indexing of Public Records GOVERNING LEGISLATION: RCW 42.17 PREVIOUS COUNCIL ACTION TAKEN: The City has a policy of assisting people who request public information and of providing public records upon request, and we do not plan to deviate from that policy. OPTIONS: RECOMMENDED ACTION OR MOTION: Council consensus to place this for a first reading on the September 28 council meeting agenda. BUDGET /FINANCIAL IMPACTS: none STAFF CONTACT: Chris Bainbridge ATTACHMENTS Draft Ordinance DRAFT CITY OF SPOKANE `VALLEY SPOKANE COUNTY, WASHINGTON ORDINANCE NO. 04 -0340 AN ORDINANCE OF THE CITY OF SPOKANE VALLEY, SPOKANE COUNTY, WASHINGTON, ADDING NEW SECTIONS TO SPOKANE VALLEY CITY CODE TITLE 2 ADOPTING A FORMAL POSITION AND DECLARING THE 'MAINTENANCE OF AN ALL - INCLUSIVE INDEX OF EVERY PUJBLIC RECORD, REQUIRED BY RCW 42.17, TO BE UNDULY BURDENSOME; AND DIRECTING THAT ALL INDEXES MAINTAINED FOR INTERNAL CITY USE BE MADE AVAILABLE FOR PUBLIC INSPECTION AND COPYING; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, Title 42, Chapter 17 of the Revised Code of Washington (hereinafter referred to as RCW 42.17) requires all cities and public agencies to maintain and make available a current index of public records; and WHEREAS, RC W 42.17 also states that if maintaining such an index would be unduly burdensome or interfere with agency operation, a city must issue and publish a formal order specifying the reasons why and the extent to which compliance would be unduly burdensome; and WHEREAS, RCW 42.17 further provides that in spite of such an unduly burdensome order, all indexes maintained by the city must be made available to provide identifying information on those records which are to be made available for public inspection; and WHEREAS, the City of Spokane Valley is a municipal corporation of the State of Washington which provides general municipal services to its residents and others; and WHEREAS, the diversity of City departments has resulted in the creation and use of many different computer systems, programs and information retaining systems which would be extremely difficult, if not physically impossible, to compile into a single index; and WiIEREAS, the performance of the City's daily operation with a limited staff and budget, does not allow for the revision or reassignment of duties for existing personnel or to acquire additional personnel so that a current index may be developed and maintained without additional burden on existing staff and resources; and WHEREAS, anticipated City revenues do not allow for additional staffinembers for the sole purpose of creating and maintaining such an all - inclusive index; and WHEREAS the City has a recognized policy of assisting people who request public information and of providing public records upon request, and does not plan to deviate from that policy. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SPOKANE VALLEY, WASHINGTON, 1)O ORDAIN AS FOLLOWS: Ordinance 04 -040 Declare A11- lnclusive Index Burdensome Page 1 of 3 DRAFT Section 1. New Sections Created. Spokane Valley Municipal Code Section 2.75.120 and 2.75.130 arc hereby created to read as follows: Section 2.75.120 PUBLIC RECORDS iNDEXES AND RECORDS REQUESTS UNDER THE PUBLIC DISCLOSURE ACT. 2.75.120 Findings. A. The Revised Code of Washington (RCW 42.17) requires all cities and public agencies to maintain and make available a current index of all public records. B. The RCW also states that if maintaining such an index would be unduly burdensome, or interfere with agency operation, a city must issue and publish a formal order specifying the reasons why and the extent to which compliancewould be unduly burdensome. C. When such an order is made, all indexes maintained by that city must be made available to provide identifying information on those records which are available for inspection and /or copying. D. The City of Spokane Valley is comprised of various departments which maintain separate databases and /or record - keeping systems for the indexing of records and information. E. The City of Spokane Valley has records which are diverse, complex and stored in multiple locations and in multiple computer systems and databases, and it is unduly burdensome, if not physically impossible, to maintain a central index of records. F. The City of Spokane Valley's daily operation with a limited staff and budget does not allow for the addition to personnel so that a current index may be developed and maintained without additional burden on existing staff and resources. G. The City of Spokane Valley will fully comply with the provisions of the RCW as they relate 10 the Public Disclosure Act, under RCW Chapter 42.17. 2.75.130 Order regarding Public Records Index. Based upon the findings set forth in SVivIC 2.80.010, and pursuant to RCW 42.17260(4)(a), the City Council orders the following: 1. The City of Spokane Valley is not required to maintain an all- inclusive index of public records, due to findings of the City Council that the requirement is unduly burdensome and such a list is nearly impossible to create and /or maintain. 2. Upon request by any citizen, the City of Spokane Valley shall make available all public records and any indexc created for internal use. Said indexes shall be maintained and released in order to obtain those records which are public and not protected by the exemption portion of the statute, namely RCW 42.17.310. Section 2. Severability. if any section, subsection, paragraph, sentence, clause or phrase of this ordinance or its application to any person or situation should be held to be invalid or unconstitutional for any reason by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of the remaining portions of this ordinance or its application to any other person or situation. Section 3. Effective Date. This ordinance or a summary thereof shall be published in the official newspaper of the City, and shah be in full force and effect five (5) days after passage and publication as provided by law. Ordinance 04 -040 Declare All- Inclusive Index Burdensome DRAFT Page 2 of 3 DRAFT ATTEST: PASSED by the City Council this day of , 2004. Christine Bainbridge, City Clerk Approved as to Form: v•i• Cary P. Driskell, Deputy City Attorney Date of Publication: Effective Date: i900 Michael DeVleming, Mayor Ordinance 04 -040 Declare All- lnclusivc index Burdensome Page 3 of 3 Spokane Valley Planning Commission Approved Minutes Council Chambers — City Hall 11707 E. Sprague Ave. August 12, 2004 I. CALL TO ORDER Planning Commission Chain Gothmann called the meeting to order at 6:32 p.m. II. PLEDGE OF ALLEGIANCE The Commission, audience, and staff recited the Pledge of Allegiance. 111. ROLL CALL Fred l3eaulac — Present Bill Gothmann — Present Bob Blum — Present Ian Robertson — Present David Crosby — Present John G. Carroll — Present Gail Kogle — Present IV. APPROVAL OF AGENDA Commissioner Robertson moved that "New Business" be amended so that the 2004 Comprehensive Plan Amendments and Greenacres Neighborhood A reawide Rezone Proposal be presented first. Commissioner Beaulac seconded the motion. Motion passed unanimously. V. APPROVAL OF MINUTES Commissioner Gothmann explained that although a change had been recommended to the July 8 minutes, the change was not approved. Therefore, amendments to both the July 8 and July 22 " meeting minutes are required. In addition, a typographical error on Page 7 of the July 22 " minutes was corrected. It was moved by Commissioner Gothmann and seconded by Commissioner Kogle that the minutes of the July 8, 2004 and July 22, 2004 Planning Commission meetings be approved as amended. Motion passed unanimously. Vi. PUBLIC COMMENT There was no public comment. VII. COMMISSION REPORTS Commissioner Gothmann handed out a report presented at the most recent meeting of the Spokane Valley Business Association. It was written by Gonzaga student, .Evan Marques, with oversight by Scott Bozman, Assistant Dean of Gonzaga's School of Business Administration. This report contains information on the impact of the Sprague /Appleway Corridor and its effect on Valley businesses. Commissioner Blum reported on the August 10 City Council meeting. The UR- 1 Zone proposal was moved to a second reading. Commissioner Beaulac added that both the Dimensional Standards and the Administrative Variance/ Administrative Exception (amended) proposals were approved by City Council. Commissioner Kogle provided the Commission with an update on the Light Rail Citizens' Advisory Committee. There will be a joint meeting on September 9 between the Spokane Transit Authority Board and the Light Rail Steering Committee to determine where to go from here. Commissioner Crosby, Chairman of the Ad Hoc Sign Committee, reported that the next meeting will be tomorrow (8/13) from 8:00 — 10:00 a.m. in Council Chambers: - The-Committee has completed its discussion on Sign Code Definitions, and will now tackle the subject of billboards in the Valley. VTII. AUMTNISTRATIVE REPORTS There were no administrative reports. IX. COMMISSION BUSINESS A. OLD BUSINESS: There was no old business. B. NEW BUSINESS: Briefing on 2004 Annual Comprehensive Plan Amendments Mr. Scott. Kuhta, Senior Planner, presented a brief overview of eight (8) 2004 Comprehensive Plan Amendment applications which were received on or before July 1. Amendment applications will be brought to Public Hearing at the Planning Commission's meeting on September 23, 2004. Property owners within 400 feet of applicant properties will be given adequate notice of the hearing. The following is a list of 2004 Comprehensive Plan Amendments: CPA- O1 -04: 4.23 acres on the south side of Dishman -Mica Road, west of Bowdish. Present Comprehensive Plan Designation and Zoning: Low Density Residential and Conununity Commercial, UR -3.5 and 13 -3. Proposed Designation: Community Commercial, B -2. Current use: Office, residence, vacant property. CPA- 02 -04: 1.4 acres on the north side of Broadway, east of Ella Road. Current Comprehensive Plan Designation and Zoning: Low Density Residential, UR -3.5. Proposed Comprehensive Plan Designation and Zoning: High Density Residential, UR -22. Current use: Residence, vacant property. 2 CPA- 03 -04: 5 acres on the south side of Springfield, west of Sullivan. Current Comprehensive Plan Designation and Zoning: Medium Density Residential, UR -7. Proposed Comprehensive Plan Designation and Zoning: High Density Residential, UR -22. Current Use: Vacant property. CPA- 04 -04: 4.85 acres on the south side of Broadway, 4000 feet east of Sullivan Road. Current Comprehensive Plan Designation and Zoning: Low Density Residential, UR -3.5. Proposed Comprehensive Plan Designation and Zoning: High Density Residential, UR -22. Current Use: Residence and vacant property. CPA- 05 -04: 1.75 -acres on the north side of Valleyway, 150 feet east of Sullivan Road. Current Comprehensive Plan Designation and Zoning: Low Density Residential, UR -22 (as of 2001). Proposed Comprehensive Plan Designation and Zoning: Regional Commercial, B -1. Current use: Two residences. CPA- 06 -04: 8 acres on the west side of Adams Road, 400 feet south of Mission Avenue. Current Comprehensive Plan Designation and Zoning: Low Density Residential, UR -3.5. Proposed Comprehensive Plan Designation and Zoning: High Density Residential, UR -22. Current use: Vacant property. CPA- 07 -04: Amended Arterial Road Plan — proposal to remove Mansfield Avenue between Houk Street and Mirabcau Parkway. Current Comprehensive Plan Designation and Surrounding Zoning: Mixed Use and Light Industrial, SRR. -10 and I -2. Current Land Uses: Mostly vacant property and office space. CPA -08 -04: 10 acres north of Rutter Road, west of Dora Avenue, on the southeastern boundary of Felts Field Airport, the only Airport property located within the City of Spokane Valley. Current Comprehensive Plan Designation and Zoning: Low Density Residential, UR -3.5 and UR -22. Proposed Comprehensive Plan Designation and Zoning: Light Industrial, I -2. Current use: Airplane hangars, vacant property. The Commissioners discussed each proposal briefly, and thanked Mr. Kuhta for his concise presentation. Briefing on Grccnacres Neighborhood Areawide Rezone Proposal: 457 acres, bounded by Spokane River to the north and west, Mission to the south, and Barker to the east. Current Comprehensive Plan Designation and Zoning: Low Density Residential, UR -7 *. Proposed Comprehensive Plan Designation and Zoning: Low Density Residential, UR -3.5. Current uses: Large lot development. The City of Spokane Valley Zoning Code provides for areawide rezone by petition of 51% or more of property owners. Mr. Kuhta explained that he counted and checked the petitioner signatures with County Auditor records and verified that the Greenacres Neighborhood had obtained more than 51% of property owner signatures in the area proposed for rezone. The Greenacres Areawide Rezone Proposal will be presented to the Planning Commission in a hearing scheduled at its meeting on September 23, 2004. A brief overview of the Areawide Rezone proposal was presented to Commissioners. Commissioner Gothmann voiced his displeasure that the citizens of Greenacres were required to pay $1,800 for their areawide rezone proposal. Mr. Kuhta assured him that the fee is approved by City Council, and all applicants are required to pay it. Commissioner Crosby asked for a clarification of how many residences exist in this 457 -acre area. Mr. Kuhta and Ms. Mary Pollard confirmed that there are 264 residences at present, making this a lightly- inhabited area. Discussion of Clear View Triangle Ms. Sukup presented an overview of the Clear View Triangle request. This ordinance regulates placement of fences and shrubbery on property lines at intersections, as well as fences around swimming pools. Clear View Triangles are designed to prevent blind corners and protect motorists and pedestrians. As written, the standards for a Clear View Triangle are difficult to enforce. The current clear view standards for an uncontrolled intersection are 110' x 110' from the center line of the road. Proposed standards for an uncontrolled intersection would be 50' x 50' from the curb /edge of the pavement. Current clear view standards for a controlled intersection are 32' x 400' from the center line of the road. Proposed standards for a controlled intersection would be 16' x (varies with speed limit) from the curb /edge of the pavement. Special cases may be established by the City's Traffic Engineer. Six to eight cases per year may be adjudicated, predicated on a fence permit. Commissioners discussed technical aspects of this ordinance, and requested clarification regarding property owner liability for accidents, curb cuts at corner lots, electric fences, and the impact on property owners should the City decide to widen existing streets in the future. The Clear View Triangle request will be brought to Public Hearing at the Planning Commission Meeting on August 26, 2004. The Planning Commission took a break from 7:53 to 8:00 p.m. Presentation of first draft: Comprehensive Plan Chapter 3 — Transportation. Ms. Sukup presented the first draft of Comprehensive Plan Chapter 3 - Transportation, which includes: plans to preserve the community's investment in roadway infrastructure, expansion of multi -modal choices available to individuals and improvement of intermodal connectivity, provisions for safe and efficient freight mobility, and establishment of appropriate design standards for transportation facilities. Copies of the Countywide Planning Policies relating to transportation were handed out to Commissioners. Commissioners discussed the draft chapter briefly, touching upon the future of Barker Road, the Sprague /Appleway Corridor, the SRTC's traffic model, and a definition of the "region" this Comprehensive Plan chapter will affect. Discussion of transportation issues will continue with the next series of Community Meetings set to begin in September. X. FOR THE GOOD OF THE ORDER Discussion regarding meeting dates in November and December, 2004. Meeting dates in November and December were discussed. Both meetings in November are preempted by national holidays. The second meeting in December is scheduled two days before Christmas. The Commission did not yet wish to establish a meeting schedule for the holiday season. The subject will be revisited at a later date. City Council will need to nominate new Planning Commission members in October or November. Coirunissioners Blum and Crosby will end their terms in December. The Commission needs to elect new officers at its first meeting in November. Commissioner Robertson announced that Commissioner Kogle had received a promotion at work. She was congratulated for being named Goodwill's first General Manager of Marketing and Contracts. 5 XI. ADJOURNMENT There being no further business, the meeting was adjourned at 8:50 -p.m. SUBMITTED: APPROVED: Debi Alley, Administrative Assistant William H. Gothmann, Chairman 6