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2003, 09-02 Study Session1 Tuesday, September 2, 2003 SUBJECT I_ Presentation 2. Presentation 3. Legal 4. Community Development 5. Administration 6. Public Works 7_ Legislative 8. Administration 9. Administration Council Requests Please Turn Off All Electronic Devices During Council Meeting Dr. Sanger (20 minutes) Mike Flanigan (40 minutes) Cary Driskell (15 minutes) Marina Sukup (20 minutes) Note: At Council Study Sessions, there will be no public comments, except Council reserves the right to request information from the public and staff as appropriate. Study Session A.gcndn. September 2. 2003 AGENDA CITY OF SPOKANE VALLEY CITY COUNCIL WORKSHEET STUDY SESSION CITY HALL AT REDWOOD PLAZA 11707 East Sprague Avenue, First Floor DISCUSSION LEADER (written information only) Neil kersten (15 minutes) Mayor DeVleming (5 minutes) David Mercier (10 minutes) David Mercier (10 minutes) ACTIVITY Mirabcau Project Update Wastewater 1bSUes Advance Agenda Additions Council Check -in City Manager Comments 6:00 P.M. GOAL Information Project Access Ilotel/Motel Tax Committee lntormation Proposed Junk Vehicle Ordinance Comprehensive Plan information Shoreline and Critical Area Elements Sept 9 Agenda Information Discussion Discussion Discussion Information/ Discussion Page 1of1 Region 9: Rocky Clocktower showing colorful fall foliage at Riverfront Park. Spokane Colorful capital of the Inland North- west, Spokane serves as a regional hub, gateway to the Rocky Mountains and a destination in its own right. Visitors rave about its arts, architecture, indoor indulgences, outdoor activities and abundant sunshine. When the world held a fair (Expo '74) here years ago, downtown rail yards were converted into an attractive amusement park on the banks of the Spokane River. Today, 100-acre Riverfront Park is still the hub of year - round activity. New attractions have joined the 1909 hand - carved Looff Carrousel and other old -time favorites, including a gondola ride over raging Spokane Falls. The Ice Palace is open for skating about half of the year, while amusement rides take over the space In warmer months. An IMAX Theatre projects pictures on the big screen round the calendar. Spokane is a community of great gardens and greens, with fabulous botanical displays and golf courses "The Garbage Goat," Riverfront Park. beckoning from all corners of Spokane County. Manito Park's Japanese, French Renais- sance, formal, rose, lilac and perennial gardens entice the senses, while golf courses such as Esmeralda, llownriver, Indian Canyon, the Creek at Qualchan, Liberty Lake, Meadow Wood and Hangman Valley receive raves for their fine fairways, great greens and $20 -524 greens fees. The new Northwest Museum of Arts and Culture campus features five new galleries, an outdoor amphitheater, an education center, a community room, the Center for Plateau Cultural Studies and a cafe. Exhibits and programs focus on the American Indian, regional history and visual art. Adjacent to the MAC is Campbell House, an 1898 Tudor Revival mansion offering invit- ing, interactive programs. Also down- town, Spokane's Children's Museum offers kids a way to express themselves with activities, games and hands -on discovery. Walkers, hikers, hikers and inline skaters can now step or roll all the way to Idaho. The scenic Centennial Trail runs beside the Spokane River from 9,587 -acre Riverside State Park through Spokane and into Coeur d' Alene, Idaho. Outdoor enthusiasts often take the Columbia Plateau Trail to experi- ence scenic landscapes and frequent wildlife sightings_ The first four miles are paved and open for all feet and wheels; the next 19 miles call to those in boots, on mountain bikes or horseback. Sports, arts and annual events thrive in Spokane, too. From October through spring, the Spokane Chiefs of the Western Hockey League regularly hit the ice, while the Spokane Indians, a Texas Rangers Class A affiliate in the North- west League, take the field from June to September. Spokane's theatrical and musical scenes are regionally attended and nationally recognized, with popular and peculiar offerings through all four Mountain Gatewa Mount Spokane. seasons. A sampling of Spokane's more unique events includes springtime's Lilac Festival and Bloomsday Race, summer's Hoopfest and Cherry Picker's 'Prot & Spit, fall's I'ig Out in the Park and winter's Cork and Keg Festival. Spokane also offers central access to many natural areas in northeastem Washington. Mount Spokane offers a panoramic view of the region year - round and skiing during the white months. Further north, rural Ferry, Stevens and Pend Oreille counties beckon with time - gone -by towns, charming county seats, scenic rivers and waterfalls, and more than 130 miles of lake for fishing, boating and swimming in the Lake Roosevelt National Recreation Area. Spokane Regional Convention Si Visitors Bureau (888) SPOKANE www.visitspokane.com Spokane River provides downtown waterfel ,. StaylnWashington.com 87 CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: September 2, 2003 City Manager Sign-off Check all that apply: ❑ consent AGENDA ITEM TITLE : Proposed Junk Vehicle Ordinance GOVERNING LEGISLATION: RCW 46.12 101 ❑ old business new business ❑ public hearing XX information ❑ admen report ❑ pending legislation PREVIOUS COUNCIL ACTION TAKEN: First reading May 27, 2003, tabled by Council at that time for additional research and community discussion BACKGROUND: After the proposed ordinance was tabled on May 27, 2003, extensive work was done to research similar ordinances from other jurisdictions, to meet with representatives of potentially affected citizens, and to draft new abatement provisions. The Planning Commission conducted a public hearing at which testimony was taken The revised draft had nearly unanimous approval from those attending and comment at the public hearing August 14, 2003. The attached draft is the recommendation of the Planning Commission. OPTIONS: Not adopt a junk vehicle ordinance and attempt to enforce the existing ordinance adopted from Spokane County, which does not promote abatement RECOMMENDED ACTION OR MOTION: Consent or move to place the proposed junk vehicle ordinance draft on the September 9, 2003 regular meeting agenda BUDGET /FINANCIAL IMPACTS This ordinance is intended, and expected to generate a small amount of revenue, excluding the cost to the City of the Code Enforcement Officer. STAFF CONTACT. Cary P Driskell or Manna Sukup ATTACHMENTS: Proposed administrative draft junk vehicle ordinance. Proposed administrative drift — C. Driskcll Auzust l [, 2003 Draft 7 CITY OF SPOKANE V ALLEY, WASFUNGTON ORDINANCE NO. AN ORDINANCE OF THE CITY OF SPOKANE VALLEY, WASHINGTON, REGULATING THE. STORAGE OF JUNK VEHICLES ES GN PRIVATE PROPERTY. W HEIAS, there currently exists within the City a large number of private properties where junk vehicles are being permanently stored in violation of existing Zoning Code provisions; WHEREAS, the storage of unlicensed and inoperable motor vehicles on private property creates a public nuisance and interferes with the reasonable use and enjoyment of property; Wes, the storage of junk vehicles on private property poses a threat to the health, welfare and safety of the citizens of the City, and the City desires to address this problem; WHEREAS, enforcement of public nuisances is within the police powers of the City of Spokane Valley, Washington; and WHERE, the City finds and declares that it is in the best interest of the residents and inhabitants of the City to remove ,jurk vehicles as public nuisances, and provide for their abatement through due process NOW, 'THEREFORE, THE CITY COU NICIL OF THE CITY OF SPOKANE VALLEY, WASHINGTON DO ORDAIN AS FOLLOWS: SECTION 1 -- Purpose and intent. The City recognizes the benefit and erijnyroent individuals receive from the repair and rehabilitation of old or inoperable vehicles, It is, however, the purpose and intent of this ordinance to provide for the removal of junk vehicles from private property that create an attractive nuisance and negative aesthetic impact upon property and the community. SECTION 2 — Definitions. A. "City" means the City of Spokane Valley, Washington, 8. `Code Enforcement Officer" means a regular or specially commissioned officer so designated by the Director of Community Development for the City. ticpd work ilestordin ccsijunk vehicles/junk vehicle ordinrune , proposed actinic draft 7, 11`11 - 03 Proposed administrative draft - C. Driskell August 11, 2003 Draft 7 C. "Director" means the City Manager or designee, who is anticipated to be Director of Community Development for the City. D. "Hearing Examiner" means the hearing examiner for the City. E. "Impound" for the purposes of this ordinance means to take and hold a vehicle in legal custody. F. "inoperable" means incapable of being operated legally on a public highway, including but not limited to, not having a valid. current registration plate or current certificate of registration. G. "Junk vehicle" means a vehicle substantially meeting at least three of the following criteria: 1. Is three years old or older; 2. Is extensively damaged, such damage including but not limited to any of the following: a broken window or windshield, missing wheels, tires, motor, or transmission; 3. Is apparently inoperable; 4. Has an approximate fair market value equal only to the approximate value of the scrap in it. H. "Person(s) responsible for a violation" means: 1. The land owner where the junk vehicle is located as shown on the last equalized assessment roll; and 2. The last registered owner of the vehicle, unless the owner in the transfer of ownership of the vehicle has complied with RCW 46.12.101; and 3. The legal owner of the vehicle. I. "Vehicle" for the purposes of this ordinance includes every device capable of being moved upon a public highway and in, upon, or by which any persons or property is or may be transported or drawn upon a public highway, including bicycles. The term does not include devices other than bicycles moved by human or animal power or used exclusively upon stationary rails or tracks, as set forth in RCW 46.04.670. SECTION 3 — Abatement and removal of junk vehicles from private property. Except as provided in Section 4, all junk vehicles placed, stored or permitted to be located on private property within the City limits are public nuisances to be abated as provided in this ordinance. c/cpd work files/ordinances/junk vehicles/junk vehicle ordinance - proposed admin draft 7, 8 -11 -03 -2- Proposed administrative draft — C. Driskell August 1 I, 2003 Draft 7 SECTION 4 — Exceptions. This ordinance does not apply to: A. A vehicle or part thereof that is completely enclosed within a building in a lawful manner where it is not visible from the street or other public or private property; B. A vehicle or part thereof that is stored or parked in a lawful manner on private property in connection with the business of a licensed dismantler or licensed vehicle dealer, and is fenced according to the provisions of RCW 46.80.130; C. A junk vehicle does not include a vehicle which is in the process of being repaired, as evidenced by the good faith efforts of the vehicle owner. This exception shall include having up to one "parts" vehicle, from which parts are being salvaged concurrent with the repair process for the vehicle being excepted from compliance in this subsection_ Good faith efforts of repair can include producing invoices showing work or parts purchased for repair or renovation within thirty days prior to issuance of the notice of violation, or a declaration under penalty of perjury that the vehicle is in the process of being repaired and has been worked on within thirty days prior to issuance of the notice of violation. This exception allows up to sixty (60) days for good faith repair. Upon good cause shown. the Director shall have the discretion to grant one additional sixty (60) day exception period to this ordinance. Under no circumstance shall any good faith efforts of repair extend for more than 120 days. after which time this exception shall no longer apply. This exception shall apply to one vehicle and one parts vehicle per parcel of land per calendar year. D. There shall be allowed as exceptions to this ordinance up to two (2) junk vehicles in UR 3.5 and UR 7 zones, so long as they are completely sight - screened by maintained Type I or 11 landscaping, a maintained landscaped berm, or fencing. Types I and 11 landscaping are described in Spokane Valley Zoning Code Section 14.806.060. Junk vehicles allowed by this exception are restricted to only the UR 3.5 and UR 7 zones. SECTION 5— Violation notice. A. A Code Enforcement Officer is authorized to issue and serve a notice of violation upon reasonable belief that a violation of one or more provisions of this ordinance has occurred. B. The notice of violation shall be issued to the person(s) responsible for a violation of this ordinance. The last legal and registered owner need not be notified if the vehicle is in such condition that identification numbers are not available to determine ownership. C. The notice of violation may be served by means of personal service, or by mailing a copy of the notice of violation to the person(s) responsible for a code violation to his or her last known mailing address as determined by the Code Enforcement Officer by certified mail, with a five -day return receipt requested. Proof of service shall be made by riepd work filesrordinanceiljunk vehiclesljunl vehicle ordinance • proposed admin draft 7.11 -1 1-03 - 3 - Proposed administrative draft — C. Driskcll August 11, 2003 Draft 7 a written declaration under penalty of perjury by the person affecting the service, declaring the time. date, place of service, and the manner by which service was made. D. The notice of violation shall contain substantially the following information: 1. The name and address of the person to whom thc notice of violation is issued; 2. The location of the subject property by address or other description sufficient to identify the subject property; 3. A description of the vehicle and its location, and the reasons the City deems it to be a public nuisance in violation of this ordinance; 4. A description of the corrective action necessary to eliminate thc violation; 5. That the corrective action must be performed within fifteen (15) days from the date of service of the notice of violation; 6. That a hearing will be held by the Hearing Examiner, including the date and time of the hearing, pursuant to Section 6 of this Ordinance; 7. A statement that if the person(s) responsible for a violation fails to complete the corrective action, the City or its designee shall initiate judicial abatement proceedings to remove, impound and dispose of the vehicle, and will assess all costs of administration, court- related costs and removal against the person(s) responsible for a violation after a hearing by the Hearing Examiner in which the Hearing Examiner determines that there has been a violation of this Ordinance; 8. A statement that the land owner upon which the vehicle is located may appear in person at the hearing, or provide a written statement to the Hearing Examiner, denying responsibility for the presence of the vehicle on the land, with his or her reasons for the denial; 9. A statement that a person responsible for a violation who voluntarily complies with or allows abatement within fifteen days of receiving a notice of violation shall not be assessed a civil monetary penalty; and 10. If the Hearing Examiner determines the appellant is a person responsible for a violation, a $250 civil monetary penalty will be assessed. SECTION 6 — Hearing on notice of violation. A. A person receiving a notice of violation shall have fifteen (15) days from the date of service of the notice of violation to voluntarily abate the junk vehicle(s) to avoid cicpd work filesiordinancejunk vehicles/junk vehicle ordinance - proposed admin draft 7, 8 -11 -03 -4- Proposed administrative draft — C. Driskell August 11, 2003 Draft 7 imposition of a civil monetary penalty pursuant to Section 8 (Willis Ordinance. A hearing shall he automatically scheduled, to be held after expiration of fifteen (15) days service of the notice of violation. The notice of violation shall state the 'time, location and date of the hearing on the issue of imposition of a civil monetary penalty. B. The person(s) responsible for a violation. may appear in person at a hearing or by submitting a written statement for consideration_ If the land owner denies responsibility for the vehicle being on his or her land, and has provided sufficient written evidence in support of the denial, the Hearing Examiner is authorized to determine, based upon available evidence, whether the and owner is responsible for, or acquiesced to, the presence of the vehicle. It the land owner has not acquiesced in the vehicle's presence, the 1 hiring Examiner's order shall state such, In that instance., the land owner shall sign a written permission form at the time of hearing allowing the City to immediately remove the junk vehicle from his or her real property. if the land owner fails to sign the permission form, he or she will be deterrnined to be acquiescing in the vehicle's presence on the real property. C. If the Hearing Examiner detiennincs that a land owner is not responsible for a vehicle being on his or her property, the City shall not assess costs of administration (including civil monetary penalties) or nuisance abatement against the real property where the vehicle is located. D. The Hearing Examiner may uphold, modify or revoke the notice of violation as appropriate. The Hearing Examiner shall provide written findings of fact and order within five business days of the conclusion of the hearing. The Hearing Examiner's order shall constitute a final action. E. If the Hearing Examiner - upholds the notice of violation, the Hearing Examiner shall impose a civil monetary penalty of $250. F. A copy o1 the Hearing Examiner's order shall he served upon the person(s) to whom it is directed, either personally or by mailing a copy of the order by certified mail, with a five-day return receipt requested, to such person at his or her last known address as determined by the code compliance officer. Proof of service shall be made by a written declaration under penalty of perjury by the person effecting senice, stating the time date, location and manner by which service was made. SECTION 7 — Abatement — costs — liens. A. Emergency Abatement! Whenever a condition, the continued existence of which constitutes an immediate threat to the public health, safety or welfare or to the environment, is found to exist, the City may summarily and without prior notice abate the condition. Notice of such abatement, including the reason for it, shall be given to the person responsible for the violation as soon as reasonably possible after the abatement_ doixl work Ieo rchrignenejunk vehicles/La* vehicie ordinance - proposal pulrnia draft 7. 8-11-03 - 5 - Proposed administrative draft — C. Driskcll August 11, 2003 Draft 7 B. Judicial Abatement: The City may seek a judicial abatement order from Spokane County Superior Court, as deemed necessary, to abate a condition which continues to be a violation of this Ordinance where other methods of remedial action have failed to produce compliance. C. The costs, including incidental expenses, of abating the violation shall be billed to the person responsible for the violation and shall become due and payable to the City within ten (10) calendar days after completion of abatement_ The term incidental expenses includes but is not limited to personnel costs, both direct and indirect and including attorneys fees; costs incurred in documenting the violation; hauling, storage and disposal expenses; and actual expenses and costs of the City in preparing notices, specifications and contracts, and in accomplishing and/or contracting and inspecting the work; and the costs of any required printing and mailing. All such costs shall constitute a lien against the affected property and may be subject to collection following a court judgment_ Such a lien shall be substantially in accordance with the provision regarding mechanic's liens in RCW 60.04, and said lien shall he foreclosed in the same manner as such liens. D. The lien shall be subordinate to all previously existing special assessment liens imposed on the same property and shall be superior to all other liens, except for state and county taxes, with which it shall share priority. The City of Spokane Valley may cause a claim for lien to be filed for record within ninety (90) days from the later of the date that the monetary penalty is due or the date the work is completed or the nuisance abated. The claim of lien shall contain sufficient information regarding the notice of violation, a description of the property to be charged with the lien, the owner of record, and the total of the lien. Any such claim of lien may be amended from time to time to reflect changed conditions. Any such lien shall bind the affected property for the period as provided for by state law. E. The vehicle shall be disposed of to a licensed motor vehicle wrecker or hulk hauler with notice to the Washington State Patrol and the State Department of Licensing that the vehicle has been wrecked. Any vehicle or part thereof impounded pursuant to this ordinance shall be processed in accordance with the laws of the State of Washington. F. Any registered disposer under contract with the City for the impounding of vehicles shall comply with any administrative regulations relative to the handling and disposing of vehicles as may be promulgated by local authority or the Director. G. Costs of removal will not be assessed against the legal owner of the vehicle if the owner in the transfer of ownership of the vehicle has complied with RCW 46.12.101. SECTION 8 — Civil Monetary Penalties — Voluntary Compliance. If the Hearing Examiner determines that the person receiving the notice of violation is a person responsible for a violation, that person shall be assessed a civil monetary penalty in the amount of $250.00. SECTION 9 — Junk vehicle abatement program — authorized. The Director is authorized to develop a comprehensive junk vehicle abatement program. It is intended dcpd work fites/ordinnncczljunk vehicles dunk vehicle ordinance - proposed admin draft 7, 8 -11 -03 -6- Proposed administrative draft - C. Driskcll August 11, 2003 Draft 7 that this program will developed through community involvement. The purpose of the Junk Vehicle Abatement Program is to develop a program that is cost effective for the City, encourages voluntary compliance, and implements the goals of this Ordinance. SECTION 10 — Junk vehicle abatement fund — authorized. All monies collected from the assessment of civil penalties and for abatement costs and work shall he allocated to support expenditures for abatement., and shall be accounted for through either creation of an account for such abatement costs, or other appropriate accounting mechanism. Any monies collected under this ordinance that exceed an amount projected to cover anticipated abatement requirements within a six month time period shall he placed in the general fund. SECTION 11 — Severability. if any section, sentence, clause or phrase of this ordinance, or any regulation, rule or order adopted pursuant to the authority thereof be determined invalid or unconstitutional, it shall not affect thc validity or constitutionality of any other section, sentence, clause or phrase of this ordinance. SECTION 12 — Effective date. This ordinance shall he in full force and effect five (5) days after publication of this ordinance or a summary thereof in the official newspaper of thc City as provided by law. ATTEST: PASSED by the City Council this day of September, 2003. City Clerk, Christine Bainbridge Approved as to form: Interim City Attorney, Stanley' M. Schwartz Date of publication: Effective date: Mayor, Michael DeVleming dcpd work files/ordinances/junk vehicles/junk vehicle ordinance - proposed admin draft 7, 8-11-03 -7- CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: September 2, 2003 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: Interim Comprehensive Plan /Critical Areas and Shoreline Management GOVERNING LEGISLATION: RCW 36.70A - Growth Management Act PREVIOUS COUNCIL ACTION TAKEN: N/A BACKGROUND: The City Council adopted the Spokane County Comprehensive Plan as the City's Interim Comprehensive Plan prior to incorporation. The City will be developing a new Plan consistent with the guiding provisions of the Growth Management Act and the Countywide Planning Policies. This presentation covers the Critical Areas and Shoreline Management elements, including the requirements of the Growth Management Act, the adopted Countywide Planning Policies, statutory permitting requirements, an overview of relevant elements of the Interim Plan, requirements for inter jurisdictional coordination, and a brief overview of the process for developing land use regulations. RECOMMENDED ACTION OR MOTION: NIA BUDGET /FINANCIAL IMPACTS N/A STAFF CONTACT Marina Sukup, Community Development Director ATTACHMENTS Presentation SP6kanen ley Shovreiiine M Act at 9197/1 SMA - Guidelines Community Development Department September 2003 ® Preserve natural character of shoreline Long term over short term benefit Protect resources and ecology of shoreline O Increase public access to publicly owned areas of shoreline 3 Increase recreation opportunities for public along shoreline SMA - Definitions • Shorelines — all water areas in the state where - mean annual flow is 20 cubic feet per second (cfs) for streams; and - lakes of 20 acres or larger. - exceptions are shorelines of statewide significance STiok2ne • Shorelines of Statewide significance are: - lakes either natural, artificial of combination in excess of 1,000 acres; and - rivers with an annual flow of 200 cfs or greater. • Shorelines of the State — all "shorelines" and "shorelines of statewide significance. Adoption Procedure COMMUNITY INPUT 1 Adoption /Amendment Procedures o Submit Draft Shoreline Master Program (SMP) to DOE a DOE provides 30 day (minimum) comment period 4 DOE may hold public hearing within jurisdiction on SMP .ti DOE requests city to review and respond to issues identified during public comment/hearing period • DOE provides city with findings and conclusions If DOE recommends changes, city may agree or propose alternative DOE approves all SMP's Shoreline Classifications • Natural Area • Pastoral Area • Conservancy Area • Rural Area • Urban Area Spokane County will be conducting a shoreline inventory of rivers later in 2003 or early 2004. City of Spokane Valley Shoreline Designations Natural Shorelines • Preserve, maintain or restore systems relatively free from human activity • Areas possessing natural characteristics intolerant of human use • Historical or cultural significance Pastoral Shorelines Protect/maintain shorelines subject to limited human interference a Preserved natural quality /wildlife habitat and natural beauty • Maintain existing shoreline character • Provide for non - intensive uses Conservancy Shorelines Rural Shorelines • Used for agriculture, recreational, or low density development; and /or • Potential of becoming prime farmland Urban Shorelines • Water- oriented uses in shoreline areas • Intended to accommodate compatible water dependent uses; and Conprehensvie P Critical Areas Community Development Department September 2, 2003 Critical Areas ® Wetlands rritiral Ani aifPr RPrharne Areas ® Frequently Flooded Areas • Geologically Hazardous Areas • Fish and Wildlife Habitat Conservation Areas Growth Management Act O Requires City to identify and protect Critical Areas • City adopted County's Critical Areas Ordinance (CA) as interim ordinance • City will adopt new CAO as part of overall Comp Plan/Development Regulation process • Must use "Best Available Science" to develop regulations Wetlands Map Areas that are inundated or saturated by surface or groundwater that support vegetation that grows in saturated soil. 1 . In w Areas with a critical recharging effect on aquifers used for potable water (regulations not yet adopted by County or City) 100 year flood areas based on FEMA Flood Insurance Rate Maps Geologic Hazards Map Areas not suited for commercial, residential or industrial development due to their susceptibility to erosion, sliding, earthquake or other events. Fish and Wildlife Map Areas that provide critical fish and wildlife habitat MI DNR Stream Types Map Department of Natural Resources (DNR) Stream Classification used to determine buffer widths for protection of riparian wildlife habitat. Type 1 Stream = 250' buffer Type 2 Stream = 100' buffer Type 3 Stream = 100' buffer Type 4 Stream = 75' buffer Type 5 Stream = 25' buffer f )NR Srrrnui F\ iwb fi LSD �. 1 ••• - • r r ,i..0 n ear 600 Slio .00°Valley Memorandum To: Mayor DeVleming and Members of Council From: Nina Regor, Deputy City Manager CC: Dave Mercier, City Manager Date: August 28, 2003 Re: CenterPlace Status Report #1 11707 E Sprague Ave Suite 106 • Spokane Valley WA 99206 509.921.1000 • Fax: 509.921.1008 • cityhall @spokanevalley.org The CenterPlace project is well underway to meet its tight timelines. Since Council meeting time is at a premium, we are striving to provide written status reports when project activities are administrative in nature. There are three broad tracks to the project: Legal, Financial and Construction. Attachment 1 provides an update to the timeline which was first handed out at the July 22 Council meeting. Following is a summary of activities for each track. Legal In general, the identified August steps have shifted to September. However, this does not negatively impact the project completion. Originally, the timeline called for a September adoption of a Bond Ordinance. Sean Keatts recently suggested a resolution delegating to the City Manager the authority to execute the bond purchase agreement. This approach gives the City the flexibility to price the bonds on dates other than Tuesday, which can be very helpful in moving mark.ets, or when other, larger deals otherwise might impact our own issuance. This resolution is scheduled for Council consideration on September 9. Financial Sean Keatts has prepared a draft financial schedule (Attach.ment 2). We are in the process of finalising those dates, with the of meeting with rating agencies and potential bond insurers late the week of September 22, instead of the week of September 29, as the draft currently states. CenterPlace Status Report #1, continued August 28, 2003 Page 2 of 3 Construction Over the past two weeks, City staff and Tan Moore Architects have been meeting to agree upon all of the assumptions that were built into the building design and the corresponding construction estimates. No significant cost surprises have surfaced as a result. In addition, staff and Tan Moore have met to shift the permitting aspect of the project into high gear. Public Works and Community Development staff will be taking a team approach on this aspect of the project. Public Works Director Neil Kersten has been added to the City's project management team, and has already proven himself to be a valuable member. His architectural background and local government experience have enabled him to step into the role of "interpreter." Kay Bachman, on loan to the CenterPlace project from Avista, will be creating a day -by- day master calendar. This will help us to accomplish critical tasks in a timely way. The next informational presentation to Council will include an overview of the interior decor choices, as well as exterior design materials. If you have any questions or comments, please feel free to give me a call. Attachments: 1. Updated CenterPlace Six Month Timeline 2. Draft Financing Schedule MONTH LEGAL FINANCIAL CONSTRUCTION July Bonds: Approve Reimbursement Resolution, establishing basis for reimbursement of expenditures paid now with Bond Proceeds, once Bonds issued - end ofJuly (DONE) Building: Prepare construction documents (through mid- September) August . PFD: Approve lnterlocal Agreement and Adoption of Ordinance — early August Scheduled for September 9) General: Resolve Real Property Ownership — mid August (Scheduled for September 9) PFD: Clarify definition of "Commence- ment of Construction" —mid August (DONE) PFD: Resolve CenterPlace Use Issues (particularly lease with Community Colleges of Spokane— CCS) — end of August (Move to early September) General: Identify total funding package for CenterPlace — end of August (Move to early September) Bonds: Negotiate contract to prepare Preliminary Official Statement (POS) and Official Statement — end of August (Move. to early September) building: Prepare construction documents (through mid - September) September Bonds: Adoption of Bond Ordinance and Completion of Funding — finalize involvement of the City and authorize issuance of Bonds — early September (Change to resolution delegating authority — Scheduled for September 9) bonds: Prepare draft POS — month of September City Permitting: Architects and City staff lay out calendar for CenterPlace permitting process and coordinate steps with legal and financial tracks of the project — early September Building: Finalize construction documents — mid September Building: Advertise Bids — mid Sept. October Bonds: Send draft POS and other City financial info to rating agencies — early October (Move to mid- September) Bonds: City presentations to bond rating Building: Open Bids — early October Building: Council approval of Bid — mid October Attachment 1 CENTERPLACE SIX MONTH TIMELINE CenterPlace Six Month Timeline, continued Updated August 28, 2003 Page 2 of 2 LMONTH LEGAL FINANCIAL CONSTRUCTION Note: bolded notes are changes, which will be incorporated into the next version of the table. Italicized notes are additions. agencies in San Francisco — mid- October (Move to late September) Building: Notice to proceed to successful Bid — end of October November Bonds: Sell bonds — early November Building: Begin construction — mid November December Bonds: Bond closing — early December (Move to mid November) CenterPlace Six Month Timeline, continued Updated August 28, 2003 Page 2 of 2 LMONTH LEGAL FINANCIAL CONSTRUCTION Note: bolded notes are changes, which will be incorporated into the next version of the table. Italicized notes are additions. Date Activity Responsibility City 09/09 City Council delegates authority to City Manager to execute bond purchase agreement ( "BPA ") ? Financial advisor selected City 09/08 Circulate draft Preliminary Official Statement ( "POS ") PGE 09/09 City Council adopts interlocal agreement with Spokane Public Facilities District City 09/12 Document session to review POS All 09/19 Circulate second draft POS PGE Week of 9/22 Second document session (if necessary) All Week of 9/22 Circulate draft rating agency report LB[, FA] 09/25 Circulate draft BPA UC 09/26 Transmit draft POS to rating agencies and municipal bond insurers PGE Late week of 9/29 Review of rating agency presentation Meeting with rating agencies and potential bond insurers City, LB[, FA] 10/16 E -mail POS to i -Deal Prospectus for posting PGE 10/22 Receive ratings and bond insurance premium quotes City, LB[, FA] Week of 10/27 Preliminary pricing City, LB, FA Week of 10/27 Pricing and bond sale All Week of 11/3 Print and mail final OS PGE 11/17 Pre - closing All 11/18 Closing All key City LB PGE FA UC $7,000,000 CITY OF SPOKANE VALLEY, WASHINGTON LIMITED TAX GENERAL OBLIGATION BONDS, 2003 FINANCING SCHEDULE August 27, 2003 October 2003 S M T W T F S 1 2 3 4 5 8 7 8 9 10 11 12 13 14 15 18 17 18 19 20 21 22 23 24 25 28 27 28 29 30 31 City of Spokane Valley, Issuer Lehman Brothers Inc., Underwriter Preston Gates & Ellis LLP, Bond and Disclosure Counsel Financial Advisor [to be determined] Underwriter's Counsel [to be determined] .Attachment 2 November 2003 S M T W T F S 1 2 3 4 5 8 7 8 9 10 11 12 13 14 15 18 17 18 19 20 21 22 23 24 25 28 27 28 29 30 To: Council & Staff From: City Manager Re: Draft Schedule for Upcoming Council Meetings September 9 Regular Meeting 6:00 p.m. [due date Aug 29] 1. PUBLIC HEARING: Proposed Budget Amendment 2. Proposed Zoning Code Compliance Ordinance Second Reading 3. Proposed Ordinance Authorizing Interlocal Agreement with Public Facilities District — Second Reading 4. Proposed Budget Amendment Ordinance = First Reading 5. Junk Vehicle Ordinance — First Reading 6. Hearing Examiner Ordinance Amendment — First Reading 7. Proposed Resolution Accepting Conveyance of Park Properties 8. Contract: Motion to Approve lnterlocal Agreement between Spokane County and the City of Spokane Valley Relating to the Ownership, Funding, Operation and Maintenance of Parks, Open Space, Recreation Facilities and Programs 9. Citizen Participation Plan Adoption 10. Administrative Reports: Opportunity Township Hall 11. Information: Proposed Methodology for Street Vacation — Cary Driskell Mintites of Planning Commission Status of Previous Public Comments /Concerns: Mr. R Mrs. Stiles, barricade follow -up Robert Lowe, Code Enforcement DRAFT ADVANCE AGENDA For Planning Discussion Purposes Only as of August 29, 2003 1:50 p.m. Please note this is a work in progress; items are tentative September 16 Study Session 6:00 p.m. [due date Sept 5] 1. Proposed Nuisance abatement ordinance - Cary Driskell (10 minutes) 2. Memorandum of Understanding re Cable TV Advisory Board - Cary Driskell (10 minutes) 3. Probation Services Discussion — Cary Driskell (20 minutes) 4. Proposed Towing Memorandum of Understanding — Cary Driskell (10 minutes) 5. Proposed Resolution Delegating Hearing Examiner re Dangerous Dog (15 minutes) 6. Comprehensive Plan Economic Development .Element Discussion — Marina Sukup (20 minutes) 7. Wastewater Issues Discussion:- Neil Kersten ( 20 minutes) 8. Proposed Agreement for Sewer Extensions and Operation (STEP) — Neil Kersten (20 minutes) 9. Right -of -Way and Cross- Circulation Between Appleway and Sprague - Neil Kersten (20 minutes) 10. Adoption of 2004 Goals —Nina Rector (5 minutes) I 1. Advance Agenda Additions — Mayor DeVleming (5 minutes) 12. City Manager Comments — Dave Mercier (10 minutes) TOTAL MINUTES: 165 Max mtg time: 150 minutes September 17 "Conversation with the Community" 6:30 p.m. — 8:30 p.m. Central Park Condo Center, 6011 East 6 Avenue Advnnc Agenda —Draft Page 1 of 4 Revised 8/29/2003 1 :55 PM September 23, Regular Meeting 6:00 p.m. [due date Sept 121 1. Junk Vehicle Ordinance — Second Reading 2. Hearing Examiner Ordinance Amendment — Second Reading 3. Proposed Budget Amendment Ordinance — Second Reading 4. Nuisance Abatement Ordinance — First Reading 5. Proposed Resolution Delegating Hearing Examiner re Dangerous Dog 6. Memorandum of Understanding re Cable TV Advisory Board 7. Agreement for Sewer Extensions and Operation (STEP) 8. Probation Services Agreement 9. CDBG Application 10. Administrative Reports: Discussion of Proposed Resolutions to Extend Interim Fire District Annexations w /Fire Districts 1,8,9 Housing Code Violations — Cary DriskelUTom Scholtens Street Lighting — Cal Walker/Neil Kersten Police Station Purchase and /or Maintenance and Operation — Cal Walker/Nina Regor Proposed Emergency Management Services Interlocal Agreement • 11. Information: Status of Previous Public Comments/Concerns Department Monthly R.eports Minutes of Planning Commission September 24, 2003, 1:00 p.rn. Public Transportation Improvement Conference, Spokane Transit Board Meeting , 1230 W Boone Ave, Board Room (notices will be mailed from_STA) September 30, 2003 — no meeting October 7, 2003 Study Session 6:00 p.m. 1. Wastewater Issues Discussion —Neil Kersten ( 20 minutes) 2. Comprehensive Plan Housing Element Discussion — Marina Sukup (20 minutes) 3. Council Check in — Dave Mercier (10 minutes) 4. Advance Agenda Additions —'Mayor DeV Leming (5 minutes) 5. City Manager Comments — Dave Mercier (10 minutes) TOTAL MINUTES: 65 Max mtg time: . 150 minutes October 14, 2003 Regular Meeting 6:00 p.m. 1. Public Hearing on Budget Revenues/Fee Schedule for 2004 2. Nuisance Abatement Ordinance — Second Reading 3. Proposed Bond Ordinance — First Reading 3. Proposed Resolutions to Extend Interim Fire District Annexations w/Fire Districts No. 1, 8 and 9 4 Police Station Purchase and /or Maintenance and Operation Agreement 5. Administrative Reports: 6. Information: Status of Previous Public Comments /Concerns Minutes of Planning Commission October 21, 2003 Study Session 6:00 p.m. 1. Proposed Sewer /refuse collection ordinance — Stan Schwartz (15 minutes) 2. Wastewater Issues Discussion — Neil Kersten ( 20 minutes) 3. Comprehensive Plan Utilities Element Discussion — Marina Sukup (20 minutes) 4. City Legislative Agenda Discussion — Dave Mercier (15 minutes) 5. Advance Agenda Additions — Mayor DeVleming (5 minutes) 6. City Manager Comments — Dave Mercier (10 minutes) TOTAL M1iVUTES: 85 Max mtg time: 150 minutes Advance Agenda — ()raft Page 2 of 4 Revised 8/29/2003 1:55 PM October 28, 2003 Regular Meeting 6:00 p.m. 1. Proposed Bond Ordinance — Second Reading 2. Sewer/Refuse Collection Ordinance — First Reading 3. Setting of Property Tax Levy 4. Administrative Reports: 5. Information: Status of Previous Public Comments /Concerns Department Monthly Reports Minutes of Planning Commission November 4, 2003 Study Session 6:00 p.m. 1. Wastewater Issues Discussion —Neil Kersten (20 minutes) 2. Comprehensive Plan Parks & Open Space Element .Discussion — Marina Sukup (20 minutes) 3. Council Check in — Dave Mercier (10 minutes) 4. Advance Agenda Additions — Mayor DeVleming (5 minutes) 5. City Manager Comments — Dave Mercier (10 minutes) TOTAL MINUTES: 65 Max mtg time: 150 minutes (November 11, 2003 Regular Meeting falls on Veteran's Day) Wed, Nov 12. 2003 Regular Meeting 6:00 p.m. I. Ordinances: Proposed Sewer /Refuse collection Ordinance — Second Reading 2. Resolutions 3. Motions: Council Sets Budget Hearing 4. Administrative Reports 5. Information: Status of Previous Public Comments /Concerns Minutes of Planning Commission November 18, 2003 Study Session 6:00 p.m. 1. Proposed Library Agreements — Nina Regor (10 minutes) 2. Comprehensive Plan Capital Facilities Element Discussion — Marina Sukup (20 minutes) 3. Wastewater Issues Discussion — Neil Kersten ( 20 minutes) 4. Advance Agenda Additions — Mayor DeVleming (5 minutes) 5. City Manager Comments — Dave Mercier (10 minutes) TOTAL MINUTES: 65 Max mtg time: 150 minutes November 25. 2003 Regular Meeting 6:00 p.m. 1. Final Budget Hearing to Adopt 2004 Budget 2. Annual Appropriation Ordinance — First Reading 3. Administrative Reports: 4. Information: Status of Previous Public Comments/Concerns Department Monthly Reports Minutes of Planning Commission December 2, 2003 Study Session 6:00 p.m. 1. Wastewater Issues Discussion —Neil Kersten (20 minutes) 2. Council Check in — Dave Mercier (10 minutes) 3. Advance Agenda Additions — Mayor DeVleming (5 minutes) 4. City Manager Comments — Dave Mercier (10 minutes) TOTAL MINUTES: 45 Max mtg time: 150 minutes Advance Agenda — Draft Page 3 of 4 Revised 8/2912003 1:55 PM December 9, 2003 Regular Meeting 6:00 p.m. (meeting may be cancelled or re- scheduled! 1. Annual Appropriation Ordinance — Second Reading 2. Administrative Reports: 3. Information: Status of Previous Public Comments/Concerns Minutes of Planning Commission December 9 — 13, 2003 National League of Cities (NLC) Congress of Cities, Nashville. Tennessee December 16, 2003 Study Session 6:00 p.m. 1. Proposed Library Agreements —Nina Regor (10 minutes) 2. Comprehensive Plan Capital Facilities Element Discussion — Marina Sukup (20 minutes) 3. Wastewater Issues Discussion — Neil Kersten (20 minutes) 4. Advance Agenda Additions — Mayor De\Tieming (5 minutes) 5. City Manager Comments — Dave Mercier (10 minutes). TOTAL MINUTES: 65 Max mtg time: 150 minutes Advance Agenda — Draft Page 4 of 4 Revised 8/292003 1:55 PM