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2003, 09-23 Regular MeetingAGENDA SPOKANE VALLEY CITY COUNCIL REGULAR MEETING Tuesday, September 23, 2003 CITY HALL AT RFJ)WOOD PLAZA 11707 East Sprague Avenue, First Floor Council Requests All Electronic Devices be Turned Oft During Council Meeting CALI. TO ORDER PLEDGE OF ALLEGIANCE INVOCATION Pastor Craig Lour, Victory Faith Fellowship ROLL CALL .APPROVAL OF AGENDA INTRODUCTION OF SPECIAL GUESTS AND PRESENTATIONS COMMITTEE„ BOARD, LIAISON SUMMARY' REPORTS MAYOR'S REPORT: PUBLIC COMMENTS For members of the Public to speak to the Council regarding matters NOT on the Agenda. Please state your name and address for the record and limit remarks to three minutes. CONSENT AGENDA Consists of items considered routine which are approved as a group. A Councilmember may remove an item from the Consent Agenda to be considered separately. 1 a. Approval of Regular Council Meeting Minutes of September 9, 2003 b. Approval of Study Session Minutes of September 16, 2003 c_ Approval of Claims: S100,29131 d. Approval of Payroll: S104, 1 67.49 I X4 611 6:00 P.M. NEW BUSINESS 2. Junk Vehicle Ordinance No. 03-067 - Second Reading [public comment] 3. Hearing Examiner Ordinance Amendment, No. 03.081 - Second Reading [public comment] 4. Proposed Ordinance No. 03 -082 Approving and Adopting a Corporate Seal - First Reading [public comment] 5. Proposed Nuisance Abatement Ordinance No. 03 -083- First Reading [public comment] 6. Pmpi,scd Resolution No. 03 -046 Delegating blearing Examiner re Dangerous Dog [public comment] 7. Proposed Resolution No. 03 -047 Providing for Appointment, Members of the Board of Commissioner and Operational Rules for the Spokane Housing Authority; and Providing for Other Matters Properly Relating Thereto [ public comment] 8, Proposed Resolution No. 03 -048 Accepting 25' Easement from Ted Fournier [public comment] 9. Bond Financing Update 10. Budget Proposals from Outside Agencies [public comment] 1 1 . Motion Consideration! Adoption of Citizen Participation Plan [public comment] Council Aecndn 09.23.03 Regular Meeting Page I of 2 12_ Motion Consideration: Initiative Measure No. 841 Ballot Title Initiative Measure No_ 841 concerns the repeal and future limitation of ergonomics regulations. This measure would repeal existing state ergonomics regulations and would direct the department of labor and industries not to adopt new ergonomics regulations unless a uniform federal standard is required. Should this measure be enacted into law? Yes [ ( No [ 1 MIMIC COMMENTS (Maximum ofthrer minutes please: state your name and address for the record) ADMINISTRATIVE REPORTS: 13. Discussion of Fire Service Options and Proposed Resolution to Extend For One Year Annexation to Fire Districts Nos. 1.8 and 9 14. Street Lighting 15. CDBG Application Staff Report 16. 2004 Budget Status Report INFORMATION ONLY Ino public comment( 17. Minutes of Planning Commission 18. Status of Previous Public Comments/Concems: V.A. Brown Tenant Issues 19. Department Monthly Reports Administration Finance Public Works Community Development Building Department Parks & Recreation Police Fire ADJOURNMENT FUTURE SCHEDULE Regular Council Meetings are held the 2" and 4`" Tuesdays of the month, beginning al 6:00 p.m. Council Study Sessions are held on the off Tuesdays of the month, beginning at 6:00 p.m. Other Upcoming Aleetings/Ei'ents: September 30, 2003, No Study Session Meeting Council Agenda 09.23 -03 Rcgutar Mccting Page 2 of 2 D R A F T MINUTES City of Spokane Valley City Council Regular M.ecting September 9, 2003 Mayor DeVleming called the City of Spokane Valley Regular Meeting to order at 6:00 p.m. Attendance: Councilmembcrs: Michael DeVleming, Mayor Diana Wilhite, Deputy Mayor Dick Denenny, Councilmember Mike Flanigan, Councilrnember Richard Munson, Councilmember Gary Schimmels, Councilmember Steve Taylor, Councilmember Staff Present: David Mercier, City Manager Nina Regor, Deputy City Manager Stanley Schwartz, Interim City Attorney Cary Driskell, Deputy City Attorney Ken Thompson, Finance Director Mike Jackson, Parks R. Recreation Director Marina Sukup, Community Development Director Neil K.ersten, Public Works Director Kevin Snyder, Current Planning Manager Tom Scholtens, Building Official Sue Pearson, Deputy City Clerk Chris Bainbridge, City Clerk PLEDGE OF ALLEGIANCE: Mayor DeVleming led the Pledge of Allegiance. INVOCATION: Councilmember Rich Munson gave the invocation. ROLL CALL: City Clerk Bainbridge called roll. APPROVAL OF AGENDA: Mayor DeVleming said item #10 will be removed and discussed at a later date. It was moved by 2otutcihne►nher Munson and seconded by Deputy Mayor Wilhite to approve the agenda as amended Vote by Acclamation: In Favor: Unanimous. Opposed: None. Abstentions: None. Motion carried. COM:VT11 LL, BOARD, LIAISON SUMMARY REPORTS: Deputy Mayor Wilhite reported that she attended a Freight Mobility Meeting with :Senator Horn and others and heard a presentation on the roads being considered for the City of Spokane and City of Spokane Valley. Councilmember Schimmels said he attended the Planning Commission several weeks ago at which time the Comprehensive Plan Amendments were discussed; that he also attended a Spokane Solid Waste Regional Meeting at which time it was announced that no rate increases are planned for 2004, and that the Transfer Station hours are to be extended. Councilmember Denenny mentioned the Calgary tour he attended with the International Trade Alliance, the Economic Development Council, and the Visitor's Bureau, and that they had interactions with numerous tourism agencies; that he spent considerable time with the Calgary Mayor's office and their animal control facility, which was impressive. Councilmember Denenny also reminded Council that he will be absent from next Tuesday's council meeting. Council Minutes 09 -09 -03 Page 1 of 6 Date Approved by Council: DRAFT MAYOR'S REPORT: Mayor DeVleming reminded everyone of the second "Conversation with the Community" set for 6:30 p.m. September 17 at the Central Park Condo Community Center. Mayor DeVleming also reported that he signed a Proclamation proclaiming the first week in September as National Payroll Week. Mayor DeVleming then read a Proclamation declaring the week of September 17 through 23 as,Constitution week. Mayor DeVleming also reiterated the Council's voice in the desire to be customer - friendly, and that he has received several comments on the success of that endeavor. Proponents of Initiative 841 have also requested Council time to present an overview of the initiative. City Attorney Stanley Schwartz reminded Council that if proponents are to speak on the Initiative, there also must be time allotted for opponents to speak. PUBLIC COMMENT: Mayor DeVleming asked for public comment on matters not on the agenda. N.A. Brown, lives in a mobile home park on the east side of Barker, just north of the river: discussed several tenant issues connected with a site at the park. City Manager Mercier said staff will report back to council in two weeks concerning this matter. Philip Rudy, 10720 E. Fruithill: said he had occasion to come to the Building and Planning division of the City, that. he commends staff for helping him in a very courteous and efficient manner; and that he has also heard positive remarks from others concerning our permitting process; and he thanked staff and council. PUBLIC HEARING: Proposed Budget Amendment amending Ordinance 62, the City Budget adopted for the period of March 31, 2003 through December 31, 2003. Mayor DeVleming opened the public hearing at 6:20 p.m. and asked for staff presentation. Finance Director Ken Thompson explained the ordinance and accompanying exhibit, and that since the last council meeting, per Council's direction, an additional $5,000 was included in this year's budget for Project Access. Mayor DeVleming invited public comment. None being received, Mayor DeVleming closed the public hearing at 6:23 p.m. (Mr. N.A. Brown inadvertently signed up for public comment on this subject, rather than on the general public comment sheet.] CONSENT AGENDA: After City Clerk Bainbridge read the Consent Agenda, it was moved by Councilmember Taylor and seconded by Councilmember Denenny to approve the Consent Agenda. Prior to that vote, Mayor DeVleming moved to remove Consent Item file to be discussed separately. Vote by acclamation on removal of #.Ic: In Favor: Unanimous. Opposed: None. Abstentions: None. Motion carried. Vote by acclamation on amended Consent Agenda: In Favor: Unanimous. Opposed: None. Abstentions: None. Motion carried. In discussing item #lc, Council wants to make sure the goals stated are not in priority order, and that the wording on item 2.3 be changed from "Develop a Transportation Master Plan" to "Develop a Street Master Plan." It was moved by Mayor DeVleming and seconded by Councilmember Denenny, to approve the 2004 Budge! Goals with the change as noted above. Vote by Acclamation on Consent Agenda Item #.Ic: In Favor: Unanimous. Opposed: None. Abstentions: None. Motion carried NEW BUSINESS: 2. Ordinance No. 03 -080 Authorizing Lnterlocal Agreement with Public Facilities District — Second Reading. City Clerk Bainbridge read the title to Ordinance No. 03 -080. It was then moved by Mayor DeVleming and .seconded by Councilmember Denenny, to approve Ordinance No. 03 -080. In discussing the ordinance, Attorney Ormsby referred to the accompanying letter referring to the exit strategy, mentioning that we do not want an exit strategy with the Public Facilities District as the PFD is agreeing to remit a certain amount of money each year. Mayor DeVleming then invited public comment. Council Minutes 09 -09-03 Page 2 of 6 Dote Approved by Council: DRAFT Tony Lazanis, 10626 E. Trent: spoke about the senior center, asked who is going t:o run the facility, and asked about the reserves from the convention center. Councilmember Munson mentioned that the Public Facilities District is only acting as a conduit for funds and will not have any ownership or control of the facility. Councilmembers voiced their appreciation to staff regarding this issue. Vote by acclamation on the ordinance approval: In Favor: Unanimous. Opposed: None. Abstentions: None. Motion carried. 3. Ordinance No. 03 -079 Budget Amendment Ordinance — First Reading. City Clerk Bainbridge read the title to Ordinance No. 03 -079. It was moved by Councilmember Munson and seconded by Councilmember Denenny to suspend the rules and advance this to 0 second reading. Vote by Acclamation: In Favor: Councilmembers Wilhite, Taylor, Schinnnels, Munson, Flanigan, Denenny. Opposed: Mayor DeVleming. Motion carried to suspend the rules and advance this to a second reading. Mayor DeVleming invited public continent. None was given. It was moved by Councilntentber Munson and seconded by Counci!member Denenny to adopt ordinance No. 03 -079, budget amendment. In Favor: Unanimous. Opposed: None. Abstentions: None. Motion carried. 4. Motion to Consider Hotel /Motel Lodging Tax Advisory Committee Recommendation. It was moved by Councilmember Munson and seconded by Councilmember Denenny to commend the efforts of the Spokane Valley Hotel/Motel Tax Advisory Committee for a job very well done under very difficult circumstances in bringing to us a balance of both advertising and event funding; and further move that the allocation of the funds be as follows: Spokane Visitor Convention Bureau $83,700 of which 510,000 is to be used specifically for the development in placing of an ad for the City of Spokane Valley in the Washington State Tourism Guide that will list all hoteliers regardless of size residing in the City of Spokane Valley; Valleyfest: $2,800; .YMCA Skateboard Park $18,000; Valley Soccer Concession Stand $24,800; Fair and Expo Marketing 517,500; Regional Sports Contmissiort S52,200; Valley Legacy Foundation $1,000. The Mayor and each council member then thanked the Committee for their hard word. Mayor DeVleming invited public comment. Terry Lynch, Valley resident, and Past President of the State Hotel Association: commended council for conclusion of a great compromise; spoke of the need to do a future survey to discover potential of bringing in people from regional areas. Curt Carlson, Sports USA: said the Sports USA will be opening January 2004 and said the event will bring an estimated 1.6 million people in one year. Richard Beam, 3626 S. Ridgeview: said he has been a member of the Chamber of Commerce for 53 years and worked on numerous committees; spoke of the history, growth and potential expansion of Valley Days and Valleyfest; he asked if any unanticipated funds are received by the City to allocate those funds to Valleyfest. Kevin Clear, Food Services of America: said the allocation of funds must be measurable and identifiable and the entities should be able to show what their impact will be to the region'. Tony Lazanis: supports the recommendation fully; feels the Bureau does very little for the Valley; feels we should erect the 1,000 -seat facility to bring large events to this area. Council Minutes 09 -09 -03 Page 3 of 6 (late Approved by Council: DRAFT Deedee Loberg, 18306 E. 4 Ave., Greenacres: spoke on behalf of the Committee of Hotel Motel Lodging Tax; also co -chair of Spokane Arts & Culture; asked for further consideration of the proposal of Vallcyfest as it is a regional attraction. Nora Lauder, Board of Spokane Valley Heritage Museum: thanked the council for the consideration of funds; and said her group is prepared to create a museum that will put "heads in beds." Harry Sladedge, 8923 E. Mission: thanked council for their consideration; that the hoteliers understand this is done and that they will work to the best of their ability to work with this; that they are the only ones who know what does and doesn't work, and are the only ones who track why people come; and they will inform council of that information; and asked Council to look at the hoteliers as a business. Mayor DeVleming asked for further public input. None being offered, Mayor Deveming asked City Clerk Bainbridge to re - read the motion. Vote by Acclamation: In Favor: Unanimous. Opposed: None. Abstentions: None. Motion carried. Mayor DeVleming called for a recess at 7:25 p.m. Mayor DeVleming reconvened the meeting at 7:40 p.m. S. Ordinance No. 03 -078 Zoning Code Compliance — Second Reading. After City Clerk Bainbridge read the ordinance title, it was moved by Mayor DeVleming and seconded by Counciltnember Denenny to approve ordinance 03 -078. Attorney Driskell gave a brief overview of the ordinance explaining the abatement and violation sections. Mayor DeVleming invited public comment. None was offered. Vote by Acclamation: In Favor: Unanimous. Opposed: None. Abstentions: None. Motion carried. 6. Ordinance No. 03 -081 Hearine Examiner Ordinance — First Reading. After City Clerk Bainbridge read the ordinance title, it was moved by Councilmember M1funson and seconded by Councilmember Flanigan to suspend the rules and advance this to a second reading. Attorney Schwartz explained the purpose of this ordinance is so Council can avoid as much appellant work as possible and that certain actions such as preliminary plats, will be heard at the Superior Court level. Vote by Acclamation: In Favor: Cottci!►nembers Flanigan, Munson and Schimmels; Opposed: Mayor DeVleming, Deputy Mayor Wilhite, Councilmembers Taylor and Denenny. Motion defeated. 1t was then moved by Mayor DeVleming and seconded by Councilmember Munson to give Ordinance 03 -081 a first reading, and advance it to second reading on September 23, 2003. Mayor DeVleming invited public comment. None was offered. Vole by acclamation: In Favor: Unanimous. Opposed: None. Abstentions: None. Motion carried. 7. Ordinance No. 03 -067 Junk Vehicle Ordinance — First Reading. After City Clerk Bainbridge read the ordinance title, it was moved by Councilmember Denenny and seconded by Mayor DeVleming to give this ordinance a first reading, and advance it to second reading at the September 23, 2003 council meeting. Attorney Driskell gave an overview of the ordinance, and directed Council attention to the two pages of Attachment A which represents the amendments in the Zoning Code. Mayor DeVleming invited public comment. Beverly Craig, Valley resident: asked for reconsideration of the landscaping requirements, as she would like to sec the landscaping removed and have fencing required; although she would accept Type 1 with fence and trees. Dove Gilbert, 6'' and Progress: concerned that the City might want to abate someone a little too quick for the State; and will bring further information at the next meeting. Attorney Driskell added that Mr. Gilbert brought the abatement matter to Driskell's attention, and that Attorney Driskell will speak to the Department of Licensing to ascertain if that is an issue; but that he has not seen that as an issue in other municipalities; feels this will not be a problem as people are not voluntarily Council Minutes 09 -09 -03 Page 4 of 6 Date Approved by Council: selling vehicles but are doing so at the direction and pursuant to an ordinance. that the vehicle must be removed. Mayor DeVleming invited further public comment; none was offered. Dote by Acclamation: In Favor: Unanimous. Opposed: None. Abstentions: None. Motion carried for first reading. 8. Resolution No. 03 -0345 Accepting Conveyance of Park Properties. It was moved by Mayor Devleming and seconded by Deputy Wilhite to approve Resolution 03 -045. Attorney Schwartz gave an overview of the resolution. Mayor DeVleming asked for public comment and none was given. Council voiced their appreciation for the work done regarding this issue. Vote by Acclamation: In Favor: Unanimous. Opposed: None. Abstentions: None. Motion carried. 9. Contract: Motion to Approve Interlocal Agreement Between Spokane County and the City of Spokane Valley ReIatini to the Ownership. Funding, Operation and Maintenance of Parks, Open Space, Recreation Facilities and Programs. It was moved by Councilmember Munson and seconded by Councilmember Denenny to approve the Interlocal Agreement as .stated above. Mayor DeVleming invited public comment and none was offered. Vote by Acclamation: In Favor: Unanimous. Opposed: None. Abstentions: None. Motion carried. 10. Moik n -te-A opt- Git- izen -i w44e pat`ien -Pl-an- Removed from the agenda to be brought back later. PUBLIC COMMENTS: None were offered. DRAFT 1 I . Conceptual Framework for a Unified Development Code. Community Development Director Sukup gave a brief presentation on a unified development code and discussed her accompanying timeline. Council directed staff to proceed. 12. Proposed Methodology for Street Vacation. Attorney Driskell discussed his September 2, 2003 memo regarding payment to City for street vacations and went over the policy choices: (I) whether to charge for the vacated properties; (2) whether to adopt an ordinance essentially re- stating ROW 35.79, and (3) whether to charge a vacation application processing fee. Attorney Driskell said staff recommends requiring payment consistent with the statute and not to adopt an ordinance. After brief discussion concerning the issue and the appraisal process, City Manager suggested one alternative might be to decide on cost recovery, and to grant staff' discretion to come back to council to seek direction on cases that are out of the norm. Council concurred. 13. Status of Sullivan Road and 4t Avenue Signal Project. Public Works Director Neil Kersten explained that at a previous work session, Councilmember Schimmels asked about the funding of the Sullivan Road and 4' Avenue signal project. Director Kersten went over his September 2 " memo on that subject; and said that the project is scheduled for construction next spring and he will keep council advised of the progress. Councilmember Denenny asked about signage for schools when the school no longer exists, such as Keystone School on McDonald Road. Director Kersten said in those types of situations, he would ask the County to remove the school signs, and in the meantime, staff will check to determine the use of the building. 15. Status of Previous Public Comments /Concerns: a. Mr. and Mrs. Stiles: City Manager Mercier brought council attention to the September 3 memo from Mac McDonald in an attempt to reme.diate the concerns brought to council from Mr. and Mrs. Stiles; and that staff feel all reasonable accommodations to the situation have been taken. b. Robert Lowe, Timberlane Road and Code Enforcement Issues: Community Development Director Marina Sukup said that staff researched to determine if this activity would qualify as a home profession or home industry, or perhaps a variance could be considered; that home industry is not permitted Council Minutes 09 -09 -03 Page 5 of 6 bane Approved by Council: in this zone; that this zone was included by the County and zoned UR7* January 15, 2002; that county regulations will permit a home profession in a UR7, but will not permit a home industry. Director Sukup said that prior to the time this property was - UR7* (the * indicates only six dwelling units per acre are permitted); the area was zoned SRI which did allow home industry with a conditional use permit; that there are a number of requirements which would have to be met for a conditional use permit and the current activity does not qualify as a home profession. Director Sukup said staff met with the applicant who was not happy with the outcome; and that staff has continued to receive numerous complaints from the neighborhood. Director Sukup added that this activity does not qualify for a variance, or as a home profession or home industry; that it is a business operating in a residential neighborhood. Director Sukup said according to the tax assessor, the property was purchased February 18, 2003; and the zone was changed January 15, 2002 from SRI to UR7 *. Mr. and Mrs. Lowe spoke to the issue and said they are now at risk for loosing everything; that they were aware the area was zoned SRI and that they could have applied for a special use permit; they discovered the area changed to UR7 and no businesses are allowed; that they have been given inconsistent information from City staff and asked why others receive help to maintain what they want yet they have received no help; that they want fair treatment and there are other commercial businesses within a three -block area. It was moved by Councilmember Munson and seconded by Councilmember Schimmels to extend the meeting to 9:20 p.m. Council concurred. City Manager Mercier explained that Council is not being asked to take action on this matter; that he did have a conversation with the Lowes today; that he was informed today the Lowes have retained an attorney; that he feels the attorney will advise them of their rights in terms of any civil action; that any resident can try to get an overall zone changed which is a process which starts a legislative conversation with the Planning Commission. Mr. Mercier said that there has been a determination that the use is nonconforming and there is an adopted enforcement process which staff will follow; that the Lowes are entitled to bring forward complaints on any other uses and code enforcement will follow through on those complaints as well. M.r. Mercier added that he feels the staff has had considerable conversations in the last 48 hours to make sure staff understood the nature of all questions; that some staff sought input from other staff in an attempt to give the most accurate information, but that there have been some conflicts in response; that steps have been taken to ensure that no information be given at the counter without checking to be sure nothing else is missing. it was moved by Councilmember Flanigan and seconded by Councilmember Taylor to adjourn. It was unanimously agreed upon to adjourn. The meeting adjourned at 9:25 p.m. Attest: Christine Bainbridge, City Clerk DRAFT Michael DeVleming, Mayor Council Minutes 09 -09 -03 Page 6 of 6 Date Approved by Council: Attendance: Councilmembers: Michael DeVleming, Mayor Diana Wilhite, Deputy Mayor Steve Taylor, Councilmember Mike Flanigan, Councilmember Richard Munson, Councilmcrnber Gary Schimmels, Councilmember DRAFT MINUTES City of Spokane Valley City Council Study Session September 16, 2003, 6:00 p.m. Staff: David Mercier, City Manager Nina Regor, Deputy City Manager Cary Driskell, Deputy City Attorney Ken Thompson, Finance Director Marina Sukup, Community Development Director Mike Jackson, Parks & Recreation Dir. Neal Kersten, Public Works Director Sue Pearson, Deputy. City Clerk Chris Bainbridge, City Clerk Absent: Councilmember Dick Denenny Mayor DeVleming opened the meeting at 6:00 p.m., welcomed all in attendance, reminded everyone that this is a study session and there will be no public comments, and requested that all electronic devices he turned off for the duration of the meeting. It was moved, seconded, and unanimously agreed upon to excuse Councilmember Denenny from tonight's meeting. Councilmember Flanigan reminded everyone of this weekend's Valleyfest, and then read the Valleyfest Proclamation. 1. Proposed Nuisance Abatement Ordinance: Attorney Driskell explained some background of the ordinance, mentioned the three types of nuisance issues presented (junk cars, zoning code compliance, and general nuisances), and added that this ordinance reflects a large amount of complaints received over the last six months. Attorney Driskell said that some activities are covered by other jurisdictions, such as noxious weeds covered under Spokane County noxious weed board, garbage not kept in a receptacle with a tight - fitting lid as covered in Spokane Regional Health District, and barking dogs which is not included within the ordinance as that is covered in the City's contract with Spokane County. After council discussion concerning the type of complaints and the issues-addressed in the proposed ordinance; it was determined to keep the noxious weed and garbage issues in the ordinance, but to exclude barking dogs, but staff will monitor the barking dogs issue with the County and if needed, that issue can be readdressed. 8. Initiative 841, pros and cons: City Manager Mercier discussed the rules regarding pending initiatives, and read from MRSC's elections reminders of what elected officials may and may not do. Thereafter, Mark Richard, Government Relations Director for Spokane Home Builders discussed the initiative and gave his views in support of the initiative. Mayor DeVleming asked for comments in opposition and none were received. City Manager Mercier mentioned as there was no special notice for this meeting, council can hear information but should postpone making any decisions until after the full procedures have been followed. This item will be included on the next council agenda. 2. Proposed Resolution Delegating Rearing Examiner re Dangerous nog: Attorney Driskell briefed Council on this issue by explaining that our Ordinance 56 adopted the County animal control code provisions; and that Section 4 of that ordinance established the ability of Council to delegate its authority to hear matters relating to animal control; and that although Council can hear an appeal of decisions or Study Session Minutes 09 -16 -03 Page 1 of 4 Date Approved by Council: DRAFT delegate that authority to another body, this proposed resolution delegates the authority to the hearing examiner. Attorney Driskell explained that the Director of Animal Control has requested that we quickly determine who will hear appeals as there are several upcoming appeals, and appeal hearings must he held within 20 days of the hearing request. It was agreed to place this issue on the next council agenda. 3. Proposed Resolution Providing for Appointment re Spokane. Housing Authority: Attorney Driskell explained that this resolution will grant our Mayor the authority to appoint one of five Spokane Housing Authority Board Members, with confirmation by the Council. it was also noted that as Janet Bastine's appointment does not expire until March 15, 2008, should that seat become vacant, or at the expiration of the term, that position will be appointed by the Spokane Valley Mayor. It was agreed to place this issue on the next council agenda. 4. Memorandum of Understanding Cable TV Advisory Board: Attorney Driskell said this agreement allows Mayoral appointment of three Spokane Valley citizen seats on the regional cable television advisory board, and reminded Council this board is strictly advisory; the purpose of which is research and collection of data, including receiving citizen complaints; that all members are volunteers and there is nominal costs in producing and distributing agendas. It was moved by Mayor DcVieming and seconded by Deputy Mayor Wiihite to approve the Memorandum: of Understanding. Vote by Acclamation: In Favor: Unanimous. Opposed: None. Abstentions: None. Motion carried. 5. Comprehensive Plan Discussion Economic Development Element: Community Development Director Sukup discussed the Growth Management Act and went through her accompanying PowerPoint presentation. Discussion ensued regarding federal empowerment zones. Director Sukup reviewed elements of the Interim Plan, gave a quick review of entities having economic development objectives, and discussed the next steps. 6. Wastewater issues: Public Works Director Kersten discussed his September 5, 2003 memo highlighting discussion from the August 21, 2003 meeting. Director Kersten reported that the Technical Committee met again yesterday and in broader discussions of options, has narrowed the options to two: Playfair and the Stockyard; that further data should be available by mid to end of October. Director Kersten added that he has a meeting scheduled Friday with Bruce Rawls and a finance person assigned in the DOE regional office in charge of want approval. Director Kersten also mentioned he received a copy oldie grant letter (award of first loan) and the County has until August 2004 to negotiate the terms of the agreement. Kersten mentioned it does appear that the City of Spokane does not want to participate in a regional plant but prefers to buy capacity, perhaps ten million gallons. City Manager Mercier said he would like to know the range of options for which permits might be granted as the last letter did not define all regional aspects. Kersten said the DOE has been invited to the next Technical Committee meeting scheduled for October. It was mentioned that Attorney Driskell is working on a resolution similar to that of the Board of County Commissioners, and that Council has time to consider issues Council wants the representative to bring to those discussions. Councilmember Munson stressed that he does not want to wait until the end of the year or beginning of next year to make decisions. Mayor DeVleming called for a recess at 7:44 p.m., and reconvened the meeting at 8:00 p.m. 7. Budget Discussion: Finance Director Ken Thompson gave an update on the budget process and explained that departments have submitted their initial departmental budgets, that staff prepared salary benefit cost estimates for 2004, and that staff will be refining revenue estimates and reviewing departmental expenditure requests. Director Thompson mentioned that most departments fall within the General Fund. Regarding salary and benefits, Director Thompson said there is a classification and pay plan in place. Discussion turned to cost of living increase (COLA) and of the several available indexes. Councilmember Munson suggested contacting the universities to see if they have developed an index Study Session Minutes 09 -16 -03 Page 2 of 4 Date Approved by Council: DRAFT which better reflects our community as we don't compare with Portland or Seattle; he also mentioned thitt US Bank uses an index for the northwest which cones out of their Portland office- City Manager Mercier said that the goal is to find a neutral, external SOLI! a that might register what is going on regionally and nationally, and that staff wilt check with the local universities to sec if they have such programs or databases. Councalrneinber Taylor agreed there are potential problems in CP1 calculations; but that we are somewhat: of an average community and questioner; if we should use an index or handle such COLAs through administration- City Manager Mercier said those are issues for council determination, but that due to the delicacy of the topic, most entities retry on an outside source such as the CPI index- It was agreed staff will check: with the universities and with US Bark. Councilrncmber Munson also recommended that the Finance Com]nittee become more involved in the process- City Manager Mercier suggested sorting a convenient time to meet weekly with the Finance Committee- 9- Centel -Place Operational 0 tiuns Senior Citizen race; Parks and recreation Director Mike Jackson exp;ained that the City will be building a new senior Center scheduled for completion in 2005, and that understandably, the Spokane Valley Senior Citizens Association is concerned about these major changes and their future role in the Senior Center operations. Director Jackson then explained his September 12, 2003 memo regarding the Operation of the Senior Citizens Center. After discussion on the revenues streams, rent charges, and controlling and operating the center, Mayor DeVleining said he will work toward forming an ad -hoc cammic ee for this issue, including how CentcrPlace will be occupier; and used, Director l'iicksoa said he will meet again with the Senior Citizen Association and feels they would like to keep the status quo and collect rentals rather than the City taking rentals and them paying rent As discussions with the Seniors continue Director Jackson will report back with further recommendations to council. 10. Motion to Appoint :Representative to the Public Trans i ortntion improvement Conference Mayor T3eVleming reported that staff was contacted by a representative of the Spokane Transit Board to inform us of the need to appoint someone to represent the City at the September 24 Public Transit Transporlation ;mprovernent Conference, which wilt be a part of the Spokane Transit Board Meeting that day to discuss the composition of the Board, and that discussion wilt apparently lead to a decision about whether a seat on the Board will be allotted to the. City of Spokane Valley. It wm moved by Mayor DeVlerni g and ,seconded by Counciimerr:6er II/ Anson to appoint 'ouncilrenher Dick Deneurap rrs Council Representative to the Public Transportation Improvement Conference. Vote by Acclamation: lu Favor: flnauimwus. Opposed: None. Abstentions: None. Motion carried 11. Advance A cnrin Additions: Councilmember Flanigan mentioned that within the next two to three weeks he will be soliciting grant requests for hotel /motet funds, which funding must be completed before the end of the year, 12, Citw Nana +Ter Comments: City Manager Mercier mentioned that staff is working with a tight budget calendar, and if there are outside agencies which will seek funds from the City, that he encourages such agencies to make their intentions known in writing early, that he hopes in the future to have a particular time where these agencies can come to verbatim those requests, and that this year we are including such agency request on the September 23 agenda. in reference to the CenterPtace Project:, staff will be meeting with various rating agencies in San Francisco October 16 and 17; and that soot} we will be issuing the bond debt; that if council feels other bond needs will be necessary in the Future, this would be a good time to address that issue. City Manager Mercier also mentioned staff is proposing a joint meeting of Council and ;Manning Commission to identify the strengths and weaknesses of the community and LO set up the. beginning stage of a visioning process, and that staff is looking for a date for such meeting (perhaps the last Thursday in October), but that date can be finalized later, Study Sessiijn Miriures O9 -]6-O3 Page 3 c 1 Nair Approved by Cou ncil: ATTEST: Christine Bainbridge, City Clerk DRAFT There being no further business, the meeting adjourned at 9:00 p.m. Michael DeVleming, Mayor Study Session Minutes 09 -16 -03 Page 4 of 4 Dine Approved by Council: 2 CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: 09 -23 -03 City Manager Sign -off: Item: Check all that apply: x consent ❑ old business ❑ new business ❑ public hearing ❑ information ❑ admin. report 0 pending legislation AGENDA ITEM TITLE: Claims: Voucher listing total for the weeks of September 5 and 12, 2003 OPTIONS: RECOMMENDED ACTION OR MOTION: Approve claims of $24,758.94 for or 9 -05 -03 Approve claims of $75,532.37 for 9 -12 -03 BUDGET /FINANCIAL IMPACTS: $100,291.31 STAFF CONTACT: Ellen Avey ATTACHMENTS Voucher List for 9 -5 -03 and 9 -12 -03 vchlist 09/05/2003 10:25:13AM Bank code : apbank Voucher Date Vendor 3432 9/4/2003 000140 3433 9/5/2003 000037 3434 9/5/2003 000277 3435 9/5/2003 000279 3436 9/5/2003 000173 3438 9/5/2003 000278 3439 9/5/2003 000208 3441 9/5/2003 000265 3442 9/5/2003 000157 3443 9/5/2003 000132 3444 9/5/2003 000119 WALT'S MAILING SERVICE AMERICAN LINEN ASSOC. OF WA CITIES BAUMAN, MARK BINGAMAN, GREG 3437 9/5/2003 000035 CORPORATE EXPRESS DRISKELL, CARY GIBSON, JAMES 3440 9/5/2003 000079 GOSS, SHELLEY JACKSON, MIKE MOAT, BRIAN MODERN ELECTRIC WATER COMPANY 82803 PIP PRINTING Voucher List Spokane Valley Invoice PO # 50556 234774 90203 8292003 1008 45583809 30060 90203 82903 81203 82803 901003 1330024610 Description /Account POSTAGE FOR NEWSLETTER Total : FLOOR MAT SERVICE CONFERENCE REGISTRATIONS Total : REFUND DESKTOP TECH SUPPORT OFFICE SUPPLIES REIMBURSEMENT LABOR LETTERHEAD Total : Total : Total : Total : Total : EXPENSE REIMBURSEMENT Total : EXPENSE REIMBURSEMENT Total : EXPENSE REIMBURSEMENT Total : Total : STREET & SIGNAL LIGHTING PO Total : Page: 1 Amount 3,447.14 3,447.14 44.57 44.57 300.00 300.00 50.00 50.00 540.00 540.00 142.31 142.31 27.64 27.64 211.70 211.70 3.77 3.77 20.30 20.30 195.00 195.00 6,513.73 6,513.73 2,037.85 Page: 1 vchlist 09/05/2003 10:25:13AM Bank code : apbank Voucher 3444 9/5/2003 000119 3445 3446 3447 3448 3449 3450 3451 3452 3453 3454 3455 Date Vendor 9/5/2003 000029 9/5/2003 000020 9/5/2003 000019 9/5/2003 000230 9/5/2003 000003 9/5/2003 000088 9/5/2003 000081 9/5/2003 000093 9/5/2003 000096 9/5/2003 000177 9/5/2003 000025 PIP PRINTING PITNEY BOWES CREDIT CORP. PRESTONIGATESIELLIS, L.L.P. PURRFECT LOGOS, INC. (Th Voucher List Spokane Valley Invoice (Continued) 1330024617 1330024683 1330024735 597019 RECORDING DEPARTMENT, SPOKANE ( 806003 ROYAL BUSINESS SYSTEMS 156351 SAFETY & SUPPLY CO STATE OF WASHINGTON, DEPARTMEN Aug03 THE SPOKESMAN- REVIEW THIEL, DICK U.S. POSTAL SERVICE UNISOURCE CORPORATION 5618533 -AUO3 PO # 852569 -1 30064 20014 82903 90403 21032650 30063 Description /Account PAPER PRINTING LETTERHEAD STATIONERY Total : COPY MACHINE RENTAL LEGAL FEES COPY CHARGES SAFETY GEAR EXCISE TAX ADVERTISING POSTAGE PAPER Total : Total : 9136 WINDOW GRAPHICS 9151 30062 CUSTOM ENGRAVED SIGN, PE Total : COUNTY RECORDING FEES Total : Total : Total : Total : Total : EXPENSE REIMBURSEMENT Total : Total : Page: 2 Amount 306.58 101.07 83.35 2,528.85 447.53 447.53 7,797.92 7,797.92 338.35 40.54 378.89 76.00 76.00 325.55 325.55 43.34 43.34 99.13 99.13 85.32 85.32 71.72 71.72 500.00 500.00 483.53 Page: 2 vchlist 09/05/2003 10:25:13AM Bank code : apbank Voucher Date Vendor Invoice J 3455 9/5/2003 000025 UNISOURCE CORPORATION (Continued) J 3456 9/5/2003 000255 WFOA 902003 \J 3457 9/5/2003 000254 WFOA 2003 CONFERENCE 090203 26 Vouchers for bank code : apbank 26 Vouchers in this report I, the undersigned. do certify under penalty of perjury, that the materials have been furnished, the services rendered, or the labor performed as described herein and that the claim is just, due and an unpaid obligation against the City of Spokane Valley, and That I am authorized to authenticate and certify to saki claim. Finance Director -�s- 0 3 Date Voucher List Page: 3 Spokane Valley APPROVED• Mayor 9/11/03 Councilmember Date PO # Description /Account WFOA MEMBERSHIP REGISTRATION Total : Total : Total : Bank total : Total vouchers : Amount 483.53 50.00 50.00 375.00 375.00 24,758.94 24,758.94 Page: 3 vch1ist 09/12/2003 9:15:32AM Ban% code : Voucher 3456 3459 3460 3401 3462 3463 3464 3465 3466 3407 3468 3469 aobani< Date Vendor 9112/2003 000285 9/12/2003 000212 9/1212003 000030 9/12/2003 000035 9112/2003 000284 9/12/2003 000152 9/12/2003 000014 9/12/2003 000287 9/12/2003 000022 9112/2003 000055 9/12 /2003 000275 9/12/2003 000033 AB MOVING SERVICE ATTORNEY & NOTARY SUPPLY AVISTA UTILITIES CORPORATE EXPRESS CRUCIAL TECHNOLOGY EDEN SYSTEMS, INC_ FRIENDS OF THE, CENTENNIAL TRAIL ct mem INLAND BUSINESS PRODUCTS, INC. JOBS AVAILABLE INC KERSTEN, NEIL MCPC Voucher List Spokane Valley Invoice PO # 9586 41402 82503 905003 45833061 30065 204921036 30073 DEPARTMENT OF TRANPORTATIO ATB30812095 ATB30812096 49782 319109 91003 4426636 30066 Description /Account TRANSPORTATION & LABOR Total ; CORPORATE STAMP STREET LIGHTING & SIGNAL PO STREET LIGHTING & SIGNAL PO Total : OFFICE SUPPLIES PC MEMORY STATE ROAD MAINTENANCE STATE ROAD MAINTENANCE Total : 17704 PROJECT MANAGEMENT/CONS Total COMMUNITY MEMBERSHIP TotLE : EMPLOYEE ID BADGES EMPLOYMENT ADVERTISEMEN Total : EXPENSE REIMBURSEMENT SEMENT Total : OFFICE SUPPLIES Total ; Total Total Total Page: 1 Amount 335.50 335,50 39.71 39.71 924.50 15,140.87 16,065.37 281.50 281.50 188.07 186.07 1,584.62 6,318.15 7,902.97 900.00 900.00 100.00 100.00 27.03 27.03 110.40 1'10.40 1,893.19 1,893.19 125.93 Page: 1 vchlist 09/12/2003 9:15:32AM Bank code : apbank Voucher List Spokane Valley Voucher Date Vendor Invoice 3469 9/12/2003 000033 MCPC 3470 9/12/2003 000258 MICROFLEX INC. 3471 9/1212003 000016 PETROCARD SYSTEMS (Continued) 00014482 C371756 3472 9/12/2003 000172 SPOKANE COUNTY ENGINEER 4 3473 9/12/2003 000090 SPOKANE COUNTY INFORMATION, SYS 31103 3474 9/12/2003 000093 THE SPOKESMAN - REVIEW 3475 9/12/2003 000280 USI 3476 9/12/2003 000286 VALLEY ASSEMBLY 3477 9/12/2003 000023 VERISIGN, INC. 3478 9/12/2003 000087 VERIZON WIRELESS, BELLEVUE 3479 9/12/2003 000005 VMI, INC 3480 9/12/2003 000140 WALT'S MAILING SERVICE 3481 9/12/2003 000021 WITHERSPOON, KELLEY, DAVENPORT 47433 3482 9/12/2003 000089 XO COMMUNICATIONS PO # 83103 030636350001 30068 ref9 /8 3300081483 1798489461 161618 50496 0103445249 Description /Account SALES TAX AUDIT PROGRAM Total : VEHICLE FUEL COUNTY ENGINEERING SERVI Total : COUNTY GIS /IT SERVICES LAMINATING FILM CELL PHONE SERVICE MICROPHONES MAILING SERVICES LEGAL SERVICES TELEPHONE & DSL SERVICE Total : Total : Total : CLASSIFIED ADVERTISEMENTS Total : Total : FACILITY DEPOSIT REFUND Total : ON -LINE REGISTRATION SERVI( Total : • Total: Total : Total : Total : Page: 2 Amount 125.93 5,000.00 5,000.00 306.32 306.32 26,838.31 26,838.31 3,581.65 3,581.65 1,652.32 1,737.60 172.99 172.99 50.00 50.00 59.95 59.95 135.88 135.88 143.99 143.99 386.88 386.88 7,859.90 7,859.90 1,289.23 Page: 2 vchlist 09/12/2003 9:15:32AM Bank code: apbank Voucher List Spokane Valley Page: 3 Voucher Date Vendor Invoice PO # DescriptlonlAccount Amount 3482 9/12/2003 000089 XO COMMUNICATIONS 25 Vouchers for bank code : apbank 25 Vouchers in this report I, the undersigned, do certify under penalty of perjury, thal 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 Gily of Spokane Valley, and that I am authorized to authenticate and certify to said claim. Finance Director Date (Continued) APPROVED: Mayor Count i l rnPmh,r Total : Bank total : Total vouchers : 1,289.23 75,532.37 75,532.37 Page: 3 OPTIONS: RECOMMENDED ACTION OR MOTION: STAFF CONTACT: Daniel Cenis ATTACHMENTS CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: 09 -23-03 City Manager Sign -off: Item: Check all that apply: x consent ❑ old business ❑ new business 0 public hearing ❑ information ❑ admin. report ❑ pending legislation AGENDA ITEM TITLE : Payroll for Period Ending September 15, 2003 GOVERNING LEGISLATION: PREVIOUS COUNCIL ACTION TAKEN: BACKGROUND: BUDGET /FINANCIAL IMPACTS: Payroll for period ending 9/15/03 $ 94,224.11 salary $ 9943.38 benefits $ 104,167.49 total payroll Meeting Date: September 23, 2003 City Manager Sign -off: Item: Check all that apply: ❑ consent XX old business new business ❑ public hearing information ❑ admin. report ❑ pending legislation AGENDA ITEM TITLE : Proposed Junk Vehicle Ordinance GOVERNING LEGISLATION: RCW 46.12.101 CITY OF SPOKANE VALLEY Request for Council Action PREVIOUS COUNCIL ACTION TAKEN: First reading May 27, 2003, tabled by Council at that time for additional research and community discussion. Study session 9 -2 -03. First reading 9- 9-03. 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. The Council had a study session on this 9 -2 -03, at which no members of the public appeared. One change was made to Section 4(d) to add language that the applicable zoning code sections are also amended to reflect the new junk vehicle ordinance, with an attachment. The new portions are underlined. The Council had this on for first reading 9 -9 -03, at which one person commented. 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: Move to adopt the proposed junk vehicle ordinance. 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 Marina Sukup ATTACHMENTS: Proposed administrative draft junk vehicle ordinance; and amended sections of Zoning Code for Urban Residential zones to remove portions on storage of junk vehicles. DRAFT CITY OF SPOKANE VALLEY, SPOKANE COUNTY, WASHINGTON ORDINANCE NO. 03 -067 AN ORDINANCE OF THE CITY OF SPOKANE VALLEY, WASHINGTON, REGULATING THE STORAGE OF JUNK VEHICLES ON PRIVATE. PROPERTY. WHEREAS, 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; \VI-IEREAS, 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; WHEREAS, 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 WI- LER.EAS the City finds and declares that it is in the best interest of the residents and inhabitants of the City to remove junk vehicles as public nuisances, and provide for their abatement through due process. NOW, THEREFORE, THE CiTY COUNCIL, OF THE CiTY OF SPOKANE VALLEY, WASHINGTON DO ORDAIN AS FOLLOWS: SECTION 1 — Purpose and intent. The City recognizes the benefit and enjoyment 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. E. "Code Enforcement Officer" means a regular or specially commissioned officer so designated by the Director of Community Development for the City. 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: S' l cbainbridgelOrdinanceslptoposed junk vehicle ordinnnet draft for secnrtd readirte 9- 23.031.doc Page 1 of 6 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. 1-1. "Person(s) responsible for a violation" means: i . 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. DRAFT 1. "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. 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 S:\ cbainbridge \Ordinaneeslproposed junk vehicle ordinance draft for second rending 9- 23.03I.doc Page 2 of 6 DRAFT exception shall no longer apply. This exception shall apply to one vehicle and one parts vehicle per parcel of land per calendar year. U. 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 1 or II landscaping, a maintained landscaped berm, or fencing. Types I and II 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. Concurrent with the adoption of this Ordinance, Spokane Valley Zoning Code provisions 14.616.355 (UR -3.5) 14.618.355 (UR -7), 14.620.355 (UR -12) and 14.622.355 (UR -22) shall be amended as set forth in Attachments A to this Ordinance. 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 a written declaration under penalty of perjury by the person affecting the service, declaring the tirne, date, place of service, and the planner 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 the 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 the 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 tirne 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; $acbainbridgclOrdinanceslp ioposed jun5; vehicle ordinance droll for second reading 9- 23- 03I.doe Page 3 of 6 SECTION 6 — Hearing on notice of violation. DRAFT 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 penal and 10. if the Hearing Examiner determines the appellant is a person responsible for a violation, a $250 civil monetary penalty will be assessed. 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 'imposition of a civil monetary penalty pursuant to Section 8 of this Ordinance. A hearing shall be 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 land owner is responsible for, or acquiesced to, the presence of the vehicle. If the land owner has not acquiesced in the vehicle's presence, the Hearing 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 determined to be acquiescing in the vehicle's presence on the real property. C. If the Hearing Examiner determines 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 of the Hearing Examiner's order shall be 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 service, stating the time, date, location and manner by which service was made. S: \chainbridge\ordinances \proposed junk vehicle ordinance draft for second reading 9- 23.031 .doe Page 4 of 6 DRAFT SECT -ON 7 — Abatement — casts — 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. 13. 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 terra 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 nailing. 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 be 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 fled 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. 1~. 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 5250.00. SECTION 9 — Junk vehicle abatement program — authorized. The Director is authorized to develop a comprehensive junk vehicle abatement program. It is intended that this program will developed through community involvement. The purpose of the Junk Vehicle Abatement Program is to develop a program S :kbainbridgelordinanocslproposed junk vehicle ordinance draft for second reading 9- 23 -031.doc Page 5 of 6 that is cost effective for the City, encouragers 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 be 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 be 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 the validity or constitutionality of any other section, sentence, clause or phrase of this ordinance. SECTION 12 — Effective date. This ordinance shall be in full force and effect five (5) days after publication of this ordinance or a summary thereof in the official newspaper of the City as provided by law. ATTEST: PASSED by the City Council this day of September, 2003. City Clerk, Christine Bainbridge Approved as to form: Deputy City Attorney, Cary P. Driskell Date of publication: Effective date: DRAFT Mayor, Michael DeVleming S:' chanibridgclOidinanccslproposed junk vehicle ordinance draft for second reading 9- 23- 031,doc gage 6 of 6 ATTACIdMENT A Chapter 14.616 URBAN RESIDENTIAL -3.5 (UR -3.5) ZONE 'I4.616.355 Stora ,e Standards All storage (including storage of recyclable mtiterials) shall be wholly within a building or shall be sc.reenecl front view from the surrounding properties and shall he accessory to the permitted use on the site. There Shall be no storage in any required front yard or flanking street yard_ Storage of inoperable and/or unlicensed vehicles is re gu laced by Spokane Valley Ordinance No. 67_ :1 =1 private- Fie-eo-riarocrcia l stor-a-ge-ef-1-3-p-tea -two (2) ime l le -or not currently licensed - vehicles or ae; zhercoi shall -be conwIctely sight-screened year rotund €rte.... e IItifl ; Zvrne with a fe+Rce- malltt, ii ed Type 1 or 11 landscaped area - lwd' lsc r;. 4 berm. There-is-ner witl -li n-a pet'rn d e xl ___ y Le5ed- ing -Vehi �c�rcrtutults or pai 4# sL d- nsidc a veFi e- err -a -pe_ ~:' .emplctcly enclosed bui•ldlin ig- cnees _ .. (G) feet in height requwe -a bailorperntit and/or a zoning -- -ypc I and U. laPdscaping are d irn ScchoA 7 96 Ne1-1-earafkrra ng rkghts for outdoor storage of--en-ore-than,=a -(2) iw perab]c or n(rt- currcn thy- lieeriscd vehicles ins -ide -the UL 5dgs n' -end on the f4cit day of the-month after a40-ptiion, plus one yclxr (Se{3tcmbcr 1, 1,99S). Chapter 14.618 URBAN RESIDENTIAL -7 (UR -7) ZONE 14.618.355 Storage Standards A I.I storage, except as provided below, shall he wholly within a building and shall be accessory to the permitted use on the site_ Where proposed, recreational vehicle parking areas shall be paved and screened from view of adjoining properties. All multiple- family developments shall designate recreational vehicle parking areas. On lots where the primary use is a duplex or multi - Family dwelling use, the private, noncommercial storage of inoperable or not- currently- licensed vehicles or remnants thereof shall be allowed within a permitted, completely enclosed building, including doors_ Storage of inoperable artd r unlicensed vehicles is regulated by Spokane Valley Ord npulce No. 6767_ On IoLs where the prim a- ingic family - dwelling, the-private, noncommercial storage of -up-te Fvn (2) inoperable or not6cu- r- rtrntly Tic.cnseel ^k ic-- 1 • -es -ot- `u4ltereof shall be completely sight scree e. -r€r- rom -us ' i d-ir -#his z ne with- maintained Type -I- r a� a ar cr ��ra�L 411 te�lrc- oulpictcl }• epiclaced buil.di},g, including doors. Vehicle rcnunants -are st-bc stored inside.a- vehicle or a pe}m- ikted, completely enclosed-builclingrincluding dtvrs ver ) eet hei t -r equire a lai ] nlding- per -mit and /or a zoning variance. 'L'ypc I and Ll landscaping ter• do cr bed i S''e ion 4-1,506.060. For all outdoor storage of inoperable or not-currently ] ens d vchic]e -o-n-lets-k-1-#he 7 Z ^r^ -yrthe e the duplex yr multi family dwelling, a; �', -e- too re t ^. 2) inoperable o-wacat ready licensed vehicles on Ic- F° 4 0- parse -is- single family xclling. rnonee-o-fermina rights will endho -first day of-tlt # r adeia-gen-p s one -year (Sever -1, 1993). Draft Zoning Code Text Revisiolt September 9, 2003 ATTACHMENT A Chapter 14.620 URBAN RESIDENTIAL. 12 (UR -12) ZONE 14.620.355 Storage Standards All storage shall be wholly within a building and shall be accessory to the permitted use on the site. Where proposed, recreational vehicle parking areas shall be paved and screened from view of adjoining properties. All multiple - family developments shall designate recreational vehicle parking areas. Storage of inoperable and /or unlicensed vehicles is regulated by Spokane Valley Ordinance No. 67. 'f-he - prate, none + +ercial-stefage- of;inoperable or not currently lieensedl- vel�ieles- or- rernna is thereof-shall in a- per- mitted eompletcly- enc1esed -build . Chapter 14.622 URBAN RESIDENTIAL-22 (UR -22) ZONE 14.622.355 Storage Standards All storage shall be wholly within a bui.Iding and shall be accessory to the permitted use on the site. Where proposed, recreational vehicle parking areas shall be paved and screened from view of adjoining properties. All multiple- family developments shall designate recreational vehicle parking areas. Storage of inoperable and /or unlicensed vehicles is regulated by Spokane Valley Ordinance No. 67. The-private -non ge.of inoperable or not currentI tieensed -vei ieles -e - remnants thercor affle d eempleteiy- Draft Zoning Code Text Revision September 9, 2003 �1 CITY OF SPOKANE VALLEY SPOKANE COUNTY, WASH INGTON ORDINANCE NO. 03- 081 AN ORDINANCE OF THE CITY OF SPOKANE VALLEY, SPOKANE COUNTY, WASHINGTON, AMENDING ORDINANCE NO. 57 ENTITLED "AN ORDINANCE OF THE CITY OF SPOKANE VALLEY, WASHINGTON, ESTABLISHING THE OFFICE OF THE NEARING EXAMINER, ADOPTING A HEARING EXAMINER SYSTEM, CONFERRING JURISDICTION AND PROVIDING FOR RULES AND REGULATIONS." WHEREAS, following the incorporation of the City of Spokane Valley, various Ordinances have been reviewed and revised in an effort to facilitate the operations of the City; and WHEREAS, upon review, it. has been determined that Ordinance No. 57 relating to the hearing examiner system should be amended in order to clarify and modify the legal effect and appeal process for certain land use decisions; and WHEREAS, such modifications will facilitate the land use hearing and permitting process in a manner that best. serves the interest of the community. NOW, THEREFORE, the City Council of the City of Spokane Valley, Spokane County, Washington, do ordain as follows: Section 1. Amendment. Ordinance No. 57, Section i 1 is hereby amended as follows. Section 11. Decision- Legal Effect. The Examiner will receive and examine available. infonration, make site visits, take official notice of matters, conduct public hearings, prepare a record thereof, and enter findings, decision or recommendations as provided in this section. A. The decision of the Examiner on the following matters shall be final and conclusive and have the effect of a final decision of the City Council. 1. Applications for variances; 2. Conditional use permits; 3. Special use permits; 4. Shoreline Permits, when a public hearing is required; 5. Preliminary plats; 6. Appeals from any administrative decision of the Department of Planning in the administration or enforcement of the Zoning Code or other land use code or regulation; 7. Appeals on State Environmental Policy Act determinations. Ordinance 81 Amending Ordinance 57 Hearing Examiner Page 1 of 3 B. The decision of the Examiner on the following matters shall be given the effect of an administrative decision appealable to the City Council: 1. Site specific zone changes of property, including any environmental determination (under SEPA); 2. Planned unit developments, including any environmental determination (under SEPA); and 3. Any other applications or appeals that the City Council may refer by motion or ordinance, specifically declaring the Hearing Examiner can be appealed to the City Council. C. The decision of a matter listed in Paragraph A above, except for a shoreline permit, shall be given the effect of an administrative decision appealable to the City Council., if it is related to a decision on a matter listed in Paragraph 13 that was heard concurrently and that is appealed to the City. D. in addition to the powers set forth herein, the Examiner may: 1. Regulate the course of the hearing in accord with this ordinance and other applicable laws and rules; 2. Hold conferences for the settlement or simplification of issues by consent of the parties; 3. Dispose of procedural requests or similar matters; 4. Take such other action authorized by ordinance. E. The Examiner is hereby empowered to act in lieu of the Board of Adjustment, the Planning Commission, and such other official, boards or commissions as may be assigned, for land use issues listed in Section 9, and other land use issues authorized by the City Council. Wherever existing ordinances, codes or policies authorize or direct the City Council, Board of Adjustment, Planning Commission or other official, boards or commissions to undertake certain activities which the Examiner has been assigned, such ordinances, codes or policies will be construed to refer to the Examiner. Section 2. Amendment. Ordinance No. 57, Section 15 is hereby amended as follows. Section 15. Appeals. Unless provided otherwise by this Ordinance or statute (see R.CW Chapter 36.70C and RCW Chapter 90.58), any aggrieved person may submit a written appeal of the Examiner's Decision to the Council within fourteen (14) calendar days from the date the final decision of the Examiner is rendered. For purposes of this section an "aggrieved person" means an individual or entity who appeared and submitted testimony or evidence at the hearing before the Examiner. The Council shall hold a closed - record hearing on the appeal. Ordinance 81 Amending Ordinance 57 Hearing Examiner Pace 2 of 3 Such written appeal shall allege specific errors of law or fact, specific procedural errors or errors in the interpretation of the Comprehensive Plan or development regulations. Upon such written appeal being filed within the time period allotted and upon payment of fees as required, a hearing will be held by the City Council. Such hearing will be held in accord with appeal procedures adopted by the City Council. If the Examiner has recommended approvals of the proposal, such recommendation will be considered by the City Council at the same time as the consideration of the appeal. The Examiner's decision will be presumed to be correct and supported by the record and law. Where the Examiner's Decision recommends approval of the proposal and no appeal has been filed within the time period set forth above, City staffshall prepare an ordinance (or other appropriate legal document) that completes the Examiner's Decision through final legislative action of the City Council. Such final action, for zoning purposes, is considered an . "official control" of the City by exercise of its zoning and planning authority pursuant to Washington law. Section 3. Effect. Except as set forth above, Ordinance No. 57 shall remain in full force and effect. Section 4. 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 five (5) days after date of publication of this Ordinance or a summary thereof in the official newspaper of the City. ATTEST: PASSED by the City Council this day of September, 2003. Christine Bainbridge, City Clerk Approved as to Form: Interim City Attorney, Stanley M. Schwartz Date of Publication: Effective Date: Michael DeVleming, Mayor Oldinnnce 8 1 Amending Ordinance 57 Hearing Examiner Page 3 of 3 CITY OF SPOKANE VALLEY SPOKANE COUNTY, WASHINGTON ORDINANCE NO. 081 AN ORDINANCE OF THE CITY OF SPOKANE VALLEY, SPOKANE COUNTY, WASHINGTON, AMENDING ORDINANCE NO. 57 ENTITLED "AN ORDINANCE OF THE CITY OF SPOKANE VALLEY, WASHINGTON, ESTABLISHING THE OFFICE OF THE HEARING EXAMINER, ADOPTING A HEARING EXAMINER SYSTEM, CONTFERING JURISDICTION AND PROVIDING FOR RULES AND REGULATIONS." WHEREAS, following the incorporation of the City of Spokane Valley, various Ordinances have been reviewed and revised in an effort to facilitate the operations of the City; and WHEREAS, upon review, it has been determined that Ordinance No. 57 relating to the hearing examiner system should be arnended in order to clarify and modify the legal effect and appeal process for certain land use decisions; and WHEREAS, such modifications will facilitate the land use hearing and permitting process in a manner that best serves the interest of the community. NOW, THEREFORE, the City Council of the City of Spokane Valley, Spokane County, Washington, do ordain as follows: Section 1. Amendment- Ordinance No. 57, Section 1 I is hereby amended as follows. Section 11. Decision -Legal Effect. The Examiner will receive and examine available information, make site visits, take official notice of matters, conduct public hearings, prepare a record thereof, and enter findings, decision or recommendations as provided in this section. A. The decision of the Examiner on the following matters shall be final and conclusive and have the effect of a final decision of the City Council. 1. Applications for variances; 2. Conditional use permits; 3. Special use permits; 4. Shoreline Permits, when a public hearing is required; 5. Preliminary plats: 5,6. Appeals from any administrative decision of the Department of Planning in the administration or enforcement of the Zoning Code or other land use code or regulation; \\SV -FS llUsers\cbainbridge\ebainbridge \Ordinances \Ordinance 57 A for hearing examiner 9 -9 -03 mtg.doc 67. Appeals on State Environmental Policy Act determinations. B. The decision of the Examiner on the following matters shall be given the effect of an administrative decision appealable to the City Council: 1. Site specific zone changes of property, including any environmental determination (under SEPA); 2. Planned unit developments, including any environmental determination (under SEPA); and SEP.\); and t'errrtiaatiett -tlim er 43. Any other applications or appeals that the City Council may refer by motion or ordinance, specifically declaring the 1- fearing Examiner can be appealed to the City Council. C. The decision of a matter listed in Paragraph A above, except for a shoreline permit, shall be given the effect of an administrative decision appealable 10 the City Council., if it is related to a decision on a matter listed in Paragraph 13 that was heard concurrently and that is appealed to the City. D. In addition to the powers set forth herein the Examiner niay: 1. Regulate the course of the hearing in accord with this ordinance and other applicable laws and rules; 2. Hold conferences for the settlement or simplification of issues by consent of the parties; 3. Dispose of procedural requests or similar matters; 4. Take such other action authorized by ordinance. E. The Examiner is hereby empowered to act in lieu of the Board of Adjustment, the Planning Commission, and such other official, boards or commissions as may be assigned, for land use issues listed in Section 9, and other land use issues authorized by the City Council. Wherever existing ordinances, codes or policies authorize or direct the City Council, Board of Adjustment, Planning Commission or other official, boards or commissions to undertake certain activities which the Examiner has been assigned, such ordinances, codes or policies will be construed to refer to the Examiner. Section 2. Amendment. Ordinance No. 57, Section 15 is hereby amended as follows. Section 15. Appeals. Unless provided otherwise by this Ordinance or statute (see RCW Chapter 36.70C and RCW Chapter 90.58), any aggrieved person may submit a written appeal of the Examiner's Decision to the Council within fourteen (14) calendar days from the date the final decision of the Examiner is rendered. For purposes of this section an "a <agrievi:d person" means an individual or entity who appeared and submitted testimony or evidence at \\SV -FS 11 Userslcbainbridgel cbainbridge \OrdinanceslOrdinance 57 A for hearing examiner 9 - - mtg.doc ATTEST: City Clerk, Chris Bainbridge the henrinc before the .Examiner. The Council shall hold a closed- record hearing on the appeal. Such written appeal shall allege specific errors of law or fact, specific procedural errors or errors in the interpretation of the Comprehensive Plan or development regulations. Upon such written appeal being filed within the time period allotted and upon payment of fees as required, a hearing will be held by the City Council. Such hearing will be held in accord with appeal procedures adopted by the City Council. If the Examiner has recommended approvals of the proposal, such recommendation will be considered by the City Council at the same time as the consideration of the appeal. The Examiner's decision will be presumed to be correct and supported by the record and law. Where the Examiner's Decision. recommends approval of proposal and no appeal has been filed within the time period set forth above, Cite staffshall prepare an ordinance (or other appropriate leuirl doeument) that completes the Examiner's .Decision throuch final le aislative action of the City Council. Such final action. forzonimt )urposes. is considered a "official control" of the City by exercise of it's zoning and piannina authority pursuant' to Washington law. Section 3. Effect. Except as set forth above, Ordinance No. 57 shall remain in full force and effect. Section 4. 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 five (5) clays after date of publication of this Ordinance or a summary thereof in the official newspaper of the City. PASSED by the City Council this day of September, 2003. Mayor, Michael DeVleming 11SV -FS I \Userslcbainbridgelcbainbridge \Ordinances \Ordinance 57 A for hearing examiner 9 -9 -03 mtg.doc Approved as to Form: Interim City Attorney, Stanley M. Schwartz Date of Publication: Effective Date: 1\S\' -FS I \Userslcbainbridgelebainbridge \Ordinances \Ordinance 57 A for hearing examiner 9 -9 -03 mte.doc Meeting Date: 09 - - 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 : Ordinance Approving and Adopting a Corporate Seal GOVERNING LEGISLATION: RCW 35A.11.010 PREVIOUS COUNCIL ACTION TAKEN: n/a BACKGROUND: According to RCW 35A.11.010, each city governed under this optional municipal code, whether charter or noncharter... may ... use a corporate seal approved by its legislative body.' This ordinance describes, approves, and adopts the seal design as the corporate seal of the City of Spokane Valley, Washington. OPTIONS: CITY OF SPOKANE VALLEY Request for Council Action RECOMMENDED ACTION OR MOTION: Move to suspend the rules, move this to a second reading, and approve Ordinance No. 03 -082. BUDGET /FINANCIAL IMPACTS: STAFF CONTACT: City Clerk Chris Bainbridge ATTACHMENTS: Draft Ordinance 03 -082 CITY OF SPOKANE VALLEY SPOKANE COUNTY, WASHINGTON ORDINANCE NO. 03 -082 AN ORDINANCE OF THE CITY OF SPOKANE VALLEY, SPOKANE COUNTY, WASHINGTON, APPROVilNG AND ADOPTING A CORPORATE SEAL AS THE OFFICIAL SEAL OF THE CITY OF SPOKANE VALLEY, WASHINGTON. WHEREAS, RCW 35A. 1 1.010 declares that cities, whether charter or noncharter, shall be entitled to use of a corporate seal approved by its legislative body. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SPOKANE VALLEY, WASHINGTON DO ORDAIN AS FOLLOWS: Section 1. Seal Design. The corporate seal of the City of Spokane Valley shall be circular in form, with inner and outer circles. The outer circle shall be approximately two inches in diameter. The inner circle shall be approximately one and one - quarter inches in diameter. It shall bear upon the upper portion between the two circles, the words "CITY OF SPOKANE VALLEY" and upon the lower portion between the two circles, the word "WASHINGTON" and upon and across the center of the inner circle the words "CORPORATE S.- ,44 March 31, 2003." An impression of the above - described sea] is shown here. � %.■ Sti'0 • 0 . 0 PO; G - . SEAL .0.r. : !NCOIRpoRAFF0 : -< March 31, 2003 Section 2. Adoption. The seal described above is hereby adopted as the corporate seal of the City of Spokane Valley, Washington. Section 3. Custodian. The City Clerk (or designee) shall be the custodian of the seal and shall affix the seal's impression upon all documents, records, licenses, warrants and /or checks in accordance with generally applied practices of the City; however, its absence therefrom shall not impair the validity of the document or of any action taken in pursuance thereof or in reliance thereon. Section 4. Severability. If any section, sentence, clause or phrase of this ordinance shall be held to he 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 frill force and effect five (5) days after publication of this Ordinance or a summary thereof in the official newspaper of the City. ATTEST: PASSED by the City Council this • day of September, 2003. Christine Bainbridge, City Clerk Approved as to Form: Stanley M. Schwartz, City Attorney Date of Publication: Effective Date: Michael DeVleming, Mayor Meeting Date: 9 -23 -03 City Manager Sign -off: Item: Check all that apply: ❑ consent 0 old business XX new business ❑ public hearing information ❑ admin. report ❑ pending legislation AGENDA ITEM TITLE: Proposed Nuisance Abatement Ordinance GOVERNING LEGISLATION: RCW 7.48 CITY OF SPOKANE VALLEY Request for Council Action PREVIOUS COUNCIL ACTION TAKEN: Study session presentation by staff in May, 2003. Study session 9- 16 -03. BACKGROUND: At the staff presentation in May, there were three types of nuisance issues presented and discussed: junk cars, zoning code compliance issues (illegal businesses and uses) and general nuisances. The Council is currently considering ordinances on the first two, and this is the third. This draft ordinance would regulate such things as excessive noise, accumulations of trash, attractive nuisances, vegetation overhanging roads and sidewalks, smell, dust, etc_ Staff has not contacted potentially affected groups because staff was not able to anticipate unintended groups as was the case with the junk vehicle ordinance. A copy of this draft ordinance was sent to MRSC for review and comment, but that will not likely be finished until early the week of September 15. Recommended changes were made as follows: - page 5, Section 4(B)(2) was added to include fences as violation of clear view triangle - page 5, Section 4(F), added 'dead vegetation" as prohibited fire hazard. - page 7, Section 4(P), added language excluding legal agricultural activities from dust requirements. OPTIONS: RECOMMENDED ACTION OR MOTION: Move to place the Proposed Nuisance Abatement Ordinance on the next regular meeting for second reading. BUDGET/FINANCIAL IMPACTS: There may be minor revenue generated. Staff time to respond to complaints. Any excess funds from penalties that are not projected to be needed for abatement within 6 months are to be put in the general fund. STAFF CONTACT: Cary P. Driskell ATTACHMENTS: Proposed Nuisance Abatement Ordinance 1) RAF F. "found in violation" means that: I . A citation or notice and order has been issued and not timely appealed; 2. A voluntary compliance agreement has been entered into; or 3. The Hearing Examiner has determined that the violation has occurred and such determination has not been stayed or reversed on appeal. G. "Hearing Examiner" means the City of Spokane Valley Hearing Examiner, as provided by City of Spokane Valley Ordinance number 57. H. "mitigate" means to take measures, subject to City approval, to minimize the harmful effects oldie nuisance violation where remediation is either impossible or unreasonably burdensome. 1. "nuisance" means the unreasonable or unlawful use by a person of real or personal property, or the unreasonable, indecent or unlawful personal conduct which materially interferes with or jeopardizes the health, safety, prosperity, quiet enjoyment of property or welfare of others, offends common decency or public morality, or obstructs or interferes with the free use of public ways, places or bodies of water. J. "person" means any individual, association, partnership, corporation or legal entity, public or private, and the agents and assigns of such individual, association, partnership, corporation or legal entity. K. "person responsible for a nuisance violation" means the person who caused the violation, if that can be determined, and /or the owner, lessor, tenant or other person entitled to control, use and /or occupancy of the property where the nuisance violation occurs. L. "remediate" means to restore a site to a condition which does not pose a probable threat to the general public health, safety or welfare. Section 3. Enforcement, authority and administration. A. In order to discourage public nuisances and otherwise promote compliance with applicable nuisance ordinance provisions, the Director may, in response to field observations or reliable complaints, determine that nuisance ordinance violations have occurred or are occurring, and may: I . Enter into voluntary compliance agreements with persons responsible for nuisance violations; 2. Issue notice of violation and assess civil penalties as authorized by this Ordinance; 3. Issue notice and orders, assess civil penalties and recover costs as authorized by this Ordinance; S :lcbainbridgelOrdinances \enerul nuisance ordinance for 9 -23 -O3 1st rcad.doc Page 2 of 22 DRAFT 4. Order abatement by means of a notice and order, and if such abatement is not timely completed by the person or persons responsible for a nuisance violation, seek a judicial abatement order and charge the reasonable costs of such work as authorized by this Ordinance; 5. Allow a person responsible for the nuisance violation to perform community service in lieu of paying civil penalties as authorized by Section 14(13) of this Ordinance; 6. Forward a written statement providing all relevant information relating to the violation to the Office of City Attorney with a rec.onlniendation to prosecute willful and knowing violations as a misdemeanor offense. 13. The procedures set forth in this Ordinance are not exclusive. These procedures shall not in any manner limit or restrict the City from remedying nuisance violations or abating nuisance violations in any other manner authorized by law. C. In addition, or as an alternative, to utilizing the procedures set forth in this Ordinance, the Director may seek legal or equitable relief to abate any conditions or enjoin any acts or practices which constitute a nuisance violation. D. In addition or as an alternative, to utilizing the procedures set forth in this Ordinance, the Director may assess or recover additional civil penalties accruing under this Ordinance by legal action filed in Spokane County District Court by the Office of the City Attorney. E. The provisions of this Ordinance shall in no way adversely affect the rights of the owner, lessee or occupant of any property to recover all costs and expenses incurred and required by this Ordinance from any person causing such violation. F. In administering the provisions this Ordinance, the Director shall have the authority to waive any one or more such provisions so as to avoid substantial injustice by application thereof to the acts or omissions of a public or private entity or individual, or acts or omissions on public or private property where no apparent benefit has accrued to such entity or individual from a nuisance. violation. Any determination of substantial injustice shall be made in writing supported by appropriate facts. For purposes of this subsection, substantial injustice cannot be based exclusively on financial hardship. G. The provisions of this Ordinance detailing the administration of compliance procedures are not jurisdictional, are intended only for the purpose of providing guidance to City employees, and are not to be construed as creating a basis for appeal ©r a defense of any kind to an alleged nuisance violation. failure to meet the guidelines set forth in this Ordinance in any particular case shall not affect the City's authority to enforce City nuisance provisions with regard to that case. H, The Director may, upon presentation of proper credentials, with the consent of the owner or occupier of a building or premises, or pursuant to a lawfully issued inspection warrant or other court order, enter at reasonable times any building or premises subject to the consent or warrant to perform the duties imposed by this Ordinance. It is the intent of the City Council that any entry made to private property for the purpose of inspection for nuisance violations be accomplished in strict conformity with constitutional and statutory constraints on entry, and the holdings of the relevant court cases regarding entry. The right -of -entry authorized by this Ordinance shall not supersede those legal constraints. SAcbainbridge \Ordinancalgeneral nuisance ordinance for 9 -23-03 1st rced.doe Page 3 of 22 DRAFT I. The Director may request that the police, a fire district, Spokane Regional Health District or other appropriate City department or other non -city agency assist in enforcement. J. The Director is authorized to determine, based upon past complaints regarding a property, subsequent field investigations, and other relevant criteria, whether a complaint is reliable. If the Director determines a complaint is not reliable, the Director is not obligated to conduct a field investigation. Section 4. Nuisances Prohibited. No person, firm, 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 Tess 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 devises, pursuant to clear view triangle policies promulgated by the Spokane Valley Public Works Director. 3. Any growth of noxious weeds or any toxic vegetation shall be subject to WAC 17.750 as currently adopted and hereafter amended. 13. Buildings, Structures, Fences. 1. Buildings or portions thereof which are deemed dangerous by the Spokane Valley Building Code (currently adopted Uniform Code for the Abatement of Dangerous Buildings), provided that such conditions or defects exist to the extent that the life, health, property or safety of the public or the structure's occupants are endangered. 2. Any fence that obstructs or obscures the view of traffic or traffic control devises. pursuant to clear view triangle policies promulgated by the Spokane Valley Public Works Director. C. Sidewalks. 1. Any protrusion, awning, or overhang that inhibits or obstructs use of a public walkway or sidewalk. 2. Any object, construction, or damage that inhibits or obstructs the surface use of a public walkway or sidewalk. 3. Snow or ice not removed from a public sidewalk within a reasonable time. 4. Accumulations of dirt or debris not removed from a public sidewalk. S: 'cbainbridgelordinances \gtineriI nuisance ordinance for 9 -23 -03 1st read.doc Pop 4 of 22 D. Unauthorized Sipns. 1. All unauthorized signs, signals, markings or devices that are displayed to resemble an official traffic. control device. 2. All unauthorized signs, signals markings or devices that are attached in any way to an official traffic control device. E. building and Construction Materials. Accumulations, stacks, or piles of building or construction materials not associated with a current in- progress project including metal, wood wire, electrical or plumbing materials in disarray or exposed to the elements on the property. This provision does not apply to a designated contractor's yard, as defined in the Spokane Valley Zoning Code 14.300. F. Fire Hazards Stacks or accumulations of newspapers, dead vegetation. cardboard, or other paper, cloth, or wood products left in a manner that could pose a substantial risk of combustion or the spread of fire. G. "toxic or Caustic Substances. Improper storing or keeping of any toxic, flammable, or caustic substances or materials. H. Smoke, Soot, or Odors. The escaping or emitting of any unnecessary or harmful smoke, soot, fumes, or gases or odors offensive or harmful to persons of ordinary sensibilities. Bodies of Water. DRAFT 1. Except For city approved structures connected to storm drainage systems, all stagnant, pooled water in which mosquitoes, flies or other insects may multiply. 2. The polluting of any waterway, wells, or body of water not subject to the jurisdiction of the Spokane Regional Health District. J. Garbage, Recvclables. Compost, and Infestations. 1. Garbage not kept in a proper receptacle with a tight fitting lid. 2. Accumulations of broken or neglected items, litter, salvage materials, and junk not in an approved enclosed structure, in the front, back, or side yards of the property. 3. Recyclablcs not properly stored and regularly disposed of. 4. Creating or maintaining accumulations of matter, including food stuffs, that harbors or is an attraction for the infestation of insects or vermin; failing to eliminate such infestations; or failing to eliminate intrusive insects. S:\ cbainbridgelOrdinanocslgcn.ral nuisance ordinance for 9 -23 -03 1st rcad.doc PaSe 5 of 22 K. Furniture and Appliances. I. All broken or discarded household furniture, furnishings or equipment, or any appliances not in an approved enclosed structure, in the front, side, or back yard of a property. 2. All accessible refrigeration appliances not having the doors secured or removed, or any enclosure that can entrap humans or animals. L. Holes. Pits. and Excavations. All uncovered holes, pits, or excavations not marked or guarded that are in excess of ten or more inches in width at the top and four feet or more in depth. M. Machinery and Equipment. Broken, inoperable, accumulations of, or parts of machinery or equipment not in an approved enclosed structure, in the front, back, or side yards of the property. This section excludes nuisance vehicles that are regulated by the Junk Vehicle Ordinance, Spokane Valley Ordinance No. 03 -67. N. Attractive Nuisances. Any accessible attractive nuisance to children including, but not limited to, unattended machinery or equipment, unsecured abandoned or vacant buildings, open and unattended vehicle trunks, or other unguarded conditions or situations that could injure or trap a child. O. Noise. DRAFT 1, Any noise or sound that intrudes into the property of another person that exceeds the maximum permissible noise levels as established in WAC 173 -60 -040, as currently adopted and hereafter amended. 2. The frequent, repetitive or continuous sounding of any hone or siren attached to a motor vehicle, except as a warning of danger or as specifically or permitted by law. 3. The creation of frequent, repetitive or continuous sounds in connection with the starting, operation, repair, rebuilding or testing of any motor vehicle, motorcycle, off - highway vehicle or internal combustion engine within a residential zone, so as to unreasonably disturb or interfere with the peace, comfort of owners or possessors of real property. 4. The noisy operation of any automobile, truck, motorcycle or other vehicle in such a non - emergency manner to cause the squealing of tires by the rapid acceleration of the vehicle; the loud and continuous grinding, thumping or grading noises from trucks or other commercial vehicles; the engine compression noise from the unmuffled or poorly muffled compression braking of trucks; the sound from any motor vehicle audio sound system such as tape players, radios, and compact disk players at volumes so as to be audible greater than 50 feet from the vehicle itself; and loud, excessive engine or exhaust noise from unmuffled vehicles or vehicles operating with inadequate muffler systems to prevent unreasonably loud noises. P. Dust. Disturbing the top soil of any land area, or permitting the same, by any person without taking affirmative measures to suppress and minimize the blowing and scattering of dust so as to unreasonably disturb or interfere with the peace, comfort of owners or possessors of real property. This provision does not include permitted agricultural activities as legal non - conforming, uses. S;lcbainbridee \Ordinances\ general nuisance ordinance for 9 -23 -03 1st read.doc Page 6 of 22 DRAFT Q. Nuisance Premises. Any premises or structures allowing or maintaining prostitution, lewd behavior, underage consumption of alcohol, the harboring of juvenile runaways or wanted persons, or where. there is the use, sale, manufacturing or distributing of any narcotic or controlled substance, or at which there is a pattern of criminal activity, are a prohibited nuisance. Section 5. Initial investigation, A. Except in emergencies and for low risk case complaints, field verification should be made if possible prior to, concurrent with, or shortly after notifying the person responsible for the nuisance violation or alleged nuisance violation. Low risk case complaints should be acknowledged by sending a letter to the person(s) responsible for the nuisance violation. The letter should state that a violation niay have occurred, but has not been verified, and should ask the recipient to contact the person issuing the letter. B. Advising interested parties of receipt of complaint and /or field investigation. 1. The person responsible for the nuisance violation should be advised of any complaint by personal contact; phone; posting and mail (return receipt requested). the field visit. 2. The complainant should be contacted by phone, and if possible, in person during C. The Director will record all violations in a database system including a list of all actions taken on the complaint. D. To the extent possible, the Director shall check the City's records and the records of other agencies for previous violations on the site of the alleged violation or by the owner or occupant of the site or such other person as may be responsible for the nuisance violation. E. Staff undertaking field investigations shall comply with the provisions of this chapter regarding right of entry. Section 6. Procedures when probable nuisance violation is identified. A. The Director shall determine, based upon information derived from sources such as field observations, the statements of witnesses, relevant. documents and data systems for tracking violations and applicable City regulations, whether or not a nuisance violation has occurred. As soon as the Director has reasonable cause to determine that a violation has occurred, he or she shall document the violation and promptly notify the person(s) responsible for the nuisance violation. B. Except. as provided in subsection D, a warning shall be issued verbally or in writing promptly when a field inspection reveals a violation, or as soon as the Director otherwise determines a nuisance violation has occurred. The w arning shall inform the person determined to be responsible for a nuisance violation of the violation and allow the person an opportunity to correct it or enter into a voluntary compliance agreement as provided for by this chapter. Verbal warnings shall be logged and followed up with a written warning within five (5) days, and the site shall be re- inspected within fourteen (14) days. SAcbainbridge1Ordinances\g Moral nuisance ordinance for 9 -23 -03 1st read.doc Page 7 of 22 DRAFT C. The guidelines set forth for warnings, notifications and re- inspections are not jurisdictional, and failure to meet them in any particular case shall not affect the City's authority to enforce nuisance provisions with regard to that case. D. No warning need be issued in emergencies, repeat violation cases, cases that are already subject to a voluntary compliance agreement, cases where the violation creates, or has created, a situation or condition that is not likely to be corrected within seventy-two (72) hours, or when the person responsible for the nuisance violation knows, or reasonably should have known that the action was a nuisance violation. F. Notice and orders should be issued in all cases where the Director determines that the violation is unlikely to be fully corrected within seventy -two (72) hours. F. The Director shall use all reasonable means to determine the person actually responsible for the nuisance violation occurring when the property owner has not directly or indirectly caused the violation. G. If the violation is not corrected, or a voluntary compliance agreement is not achieved within ten (10) days of notification by the Director, a notice and order should be issued. A notice of violation may be issued immediately after field verification of a violation. H. All complainants will be asked by staff at the time the complaint is filed whether they wish to be kept advised of enforcement efforts. Any complainant who provides a mailing address and requests to be kept advised of enforcement efforts should be mailed a copy of all written warnings, voluntary compliance agreements, notice of violations, and notice and orders issued by the Director with regard to the alleged violation. Any complainant may appeal a determination of nuisance ordinance compliance issued by the. Director pursuant to Section 19 of this Ordinance. Section 7. Voluntary Compliance Agreements. A. Authority. Whenever the Director determines that a nuisance violation has occurred or is occurring, the Director shall make reasonable efforts to secure voluntary compliance from the person responsible for the nuisance violation. Upon contacting the person responsible for the nuisance violation, the Director may enter into a voluntary compliance agreement as provided for in this Ordinance. 1. A voluntary compliance agreement may be entered into at any time after issuance of a verbal or written warning, a notice of violation, notice and order or a stop work order and before an appeal is decided pursuant to Section 19 of this Ordinance. 2. Upon entering into a voluntary compliance agreement, a person responsible for a nuisance violation waives the right to administratively appeal, and thereby admits that the conditions described in the voluntary compliance agreement existed and constituted a nuisance violation; and 3. The voluntary compliance agreement shall incorporate the shortest reasonable time period for compliance, as determined by the Director. An extension of the time limit for compliance, or a modification of the required corrective action may be granted by the Director if the person responsible for the nuisance violation has shown due diligence or substantial progress in S; lebainbrideclordinanceSlgeneral nuisance ordinance for 9- 23 -(13 1st read.doc Page 8 of 22 DRAFT correcting the violation, but circumstances render full and timely compliance under the original conditions unattainable. Any such extension or modification must be in writing and signed by the Director and person(s) who signed the original voluntary compliance agreement. 4. The voluntary compliance agreement is not a settlement agreement. 13. Contents. The voluntary compliance agreement is a written, signed commitment by the person(s) responsible for a nuisance violation in which such person(s) agrees t.o abate the violation, remediate the site, and/or mitigate the impacts of the violation. The voluntary corpliance agreement shall include the following: a. The name and address of the person responsible for the nuisance violation; b. The address or other identification of the location of the violation; c. A description of the violation and a reference to the provision(s) of the Ordinance, which has been violated; d. A description of the necessary corrective action to be taken and identification of the date or time by which compliance must be completed; e. Th e person responsible for the violation agrees that the City may enter the properly and inspect the premises as necessary to determine compliance with the voluntary compliance agreement; f. That a civil penalty in the amount. of $250 will be imposed pursuant to Section 14(A)(I) of this Ordinance if the voluntary compliance agreement is not satisfied; B. An acknowledgement that if the Director determines that the terms of the voluntary compliance agreement are not met, the City may, without issuing a notice of violation or notice and order, impose any remedy authorized by this Ordinance, enter the property and perform summary abat.enient of the violation, assess the costs incurred by the City to achieve compliance and to abate the violation, including reasonable legal fees and costs; h. An acknowledgement that if a penalty is assessed, and if anyassessed penalty, fee or cost is not paid, the Director may charge the unpaid amount as a lien against the property where the nuisance violation occurred if owned by the person responsible for the nuisance violation, and that the unpaid amount may be a joint and several personal obligation of all persons responsible for the nuisance violation; An acknowledgement that by entering into the voluntary compliance agreement, the person responsible for the nuisance violation thereby S' ,chainhzidee\Ordinanceslgeneral nuisance ordinance for 9 -23-03 1st rcad,doc Page 9 of 22 C. Failure to meet terms. DRAFT admits that the conditions described in the voluntary compliance agreement existed and constituted a nuisance violation; and An acknowledgement that the person responsible for the nuisance violation understands that he or she has the right to be served with a notice of violation or notice and order for any violation identified in the voluntary compliance agreement, has the right to administratively appeal any such notice of violation or notice and order, and that he or she is knowingly, voluntarily and intelligently waiving those rights. 1. If the terms of the voluntary compliance agreement are not completely met, and an extension of time has not been granted, the Director may enter the property and summarily abate the violation in accordance with the provisions of the voluntary compliance agreement. The person responsible for compliance may, without being issued a notice of violation or notice and order, be assessed a civil penalty in the amount of $250, plus all costs incurred by the City to pursue compliance and to abate the violation. Penalties imposed when a voluntary compliance agreement is not met accrue from the date that an appeal of any preceding notice of violation, or notice and order was to have been filed or from the date the voluntary compliance agreement was entered into if there was not preceding notice of violation or notice and order. 2. The Director may issue a notice of violation or notice and order for failure to meet the terms of a voluntary compliance agreement. Section 8. Notice of Violation - Civil Monetary Penalty. A. Authority. Whenever the Director has determined, based upon investigation of documents and /or physical evidence, that a nuisance violation has occurred, the Director shall assess a civil monetary penalty in the amount of $250.00 to any person responsible for the nuisance violation. A notice of' violation may be issued at any time after the Director receives filed verification that a violation exists. Subsequent complaints shall be treated as new complaints for purposes of this Ordinance. However, such subsequent complaints shall not constitute a separate violation to which the penalties of this Ordinance apply. 13. Effect. 1. A notice of violation represents a determination that a nuisance violation has occurred and that the named party is a person responsible for a nuisance violation. 2. A notice of violation subjects the person responsible for a nuisance violation to the civil penalties prescribed by Section 8A of this Ordinance. 3. The person responsible for a nuisance violation shall either pay the civil penalties assessed within twenty (20) days of the date of issuance of the notice of violation, or appeal the notice of violation pursuant to the procedures in Section 19 of this Ordinance. SAcbainbridgclordinanceslgeneral nuisance ordinance for 9 -23 -03 1st read.doc Page 10 of 22 DRAFT 4. Failure to appeal the notice of violation within twenty (20) days shall render the notice or violation a final determination that the conditions described in the notice of violation existed and constituted a nuisance violation, and that the named party is liable as a person responsible for a nuisance violation. 5. imposition of a civil penalty creates a joint and several personal obligation in all persons responsible for a nuisance violation who are served with notice of the violation. The Office of the City Attorney, on behalf of the City of Spokane Valley, may collect the civil penalties assessed by any appropriate legal means. 6. Issuance ofa notice of violation in no way limits the Director's authority to issue a notice and order to any person responsible for a nuisance violation pursuant to this Ordinance. C. Contents. The notice of violation shall include all of the following information: 1. The address, when available, or location of the nuisance violation; 2. A legal description of the real property or the Spokane County tax parcel number where the violation occurred or is located, or a description identifying the property by commonly used locators: 3. A statement that the Director has found the named person(s) to have committed a nuisance violation and a brief description of the violation(s) found; 4. A statement of the specific Ordinance provision that was or is being violated; 5. A statement that the notice of violation represents a determination that a nuisance violation has occurred and that the named party is subject to a civil penalty; 6. A statement of the amount of the civil penalty assessed, that payment of the civil penalties assessed does not relieve a person found to be responsible for a nuisance violation of his or her duty to correct the violation and/or to pay any and all civil penalties or other cost assessments issued pursuant to this Ordinance, and that the penalty must be paid within twenty (20) days, if not appealed pursuant to Section 19 of this Ordinance; 7. A statement of the corrective or abatement action required to be taken; 8. A statement advising that any person named in the notice of violation, or having any record or equitable title in the property against which the notice of violation is issued may appeal from the notice of violation to the Hearing Examiner within twenty (20) days of the date of service of the notice of violation; 9. A statement advising that a failure to appeal the notice of violation within twenty (20) days renders the citation a final determination that the conditions described in the citation existed and constituted a nuisance violation, and that the named party is liable as a person responsible for a nuisance violation; and S :kbainbrideetOrdinances\aeneral nuisance ordinance for 9 -23 -03 1st rcad.doc Page 11 of 22 DRAFT 10. A statement advising that a willful and knowing violation may be referred to the Office of the City Attorney for prosecution as a misdemeanor pursuant to Section 18 of this Ordinance. D. Modification or Revocation. 1. The Director may add to, revoke in whole or in part, or otherwise modify a notice of violation by issuing a written supplemental notice of violation. The supplemental notice of violation shall be governed by the same procedures and time limits applicable to all notice of violations contained in this Ordinance. 2. The Director may issue a supplemental notice of violation, or revoke a notice of violation issued under this Ordinance: a. if the original notice of violation was issued in error; b. whenever there is new information or change of circumstances; or c. if a party to a notice of violation was incorrectly named. 3. Such revocation or modification shall identify the reasons and underlying facts for modification or revocation, and shall be served on the person responsible for a nuisance violation in conformity with this Ordinance. Section 9. Notice and Orders. A. Authority. When the Director has reason to believe, based on investigation of documents artdior physical evidence, that a nuisance violation exists or has occurred, or that the nuisance violations identified in a notice of violation have not been corrected, the Director is authorized to issue a notice and order to any person responsible for a nuisance violation. The Director shall make a determination whether or not to issue a notice and order within ten (10) days of receiving field verification that a nuisance violation exists. The Director may, at his or her discretion, extend the time for issuance of a notice and order as conditions warrant. Subsequent complaints shall be treated as new complaints for the purposes of this Ordinance. Issuance of a notice of violation is not a condition precedent to the issuance of a notice and order. B. Effect. I. A notice and order represents a determination that a nuisance violation has occurred, that the named party is a person responsible for a nuisance violation, and that the violations set out in the notice and order require the assessment of penalties and other remedies that may be specified in the notice and Girder. 2. Upon a determination by the Director that a nuisance violation has occurred pursuant to a notice and order, the Director shall impose a minimum civil monetary penalty in the amount of $500.00 for each violation. Section I4(A)(2) authorizes additional civil monetary penalties as set forth in that Section. S_ \chainhridgetOrdinflnces\seneral nuisance ordinance for9 -23 -03 1st read.doc Page 12 of 22 DRAFT 3. Any person identified in the notice and order as responsible for a nuisance violation niay appeal the notice and order within twenty (20) days according to the procedures described in Section 19 of this Ordinance. 4. Failure to appeal the notice and order within the applicable time limits shall render the notice and order a final determination that the conditions described in the notice and order existed and constituted a nuisance violation, and that the named party is liable as a person responsible for a nuisance violation. 5. Issuance of a notice and order in no way limits a Director's authority to issue a notice of violation to a person previously cited through the notice and order process pursuant to this Ordinance. C. Contents. The notice and order shall contain the following information: 1. The address, when available, or location of the nuisance violation; 2. A legal description of the real property or the Spokane County tax parcel number where the violation occurred or is located, or a description identifying the property by commonly used locators; 3. A statement that the Director has found the named person(s) to have committed a nuisance violation and a brief description of the violation(s) found; violated; 4. A statement of the specific provision of the ordinance that was or is being 5. A statement that a civil monetary penalty is being assessed in the amount of $500.00 for each separate violation. If appropriate under the circumstances, that an additional civil monetary penalty is being assessed pursuant to Section 14(A)(2), and that any assessed penalties must be paid within twenty (20) days of service of the notice and order; 6. A statement advising that any costs of enforcement incurred by the City shall also be assessed against the person to whom the notice and order is directed; 7. A statement that payment of the civil penalties assessed under this chapter does not relieve a person found to be responsible for a nuisance violation of his or her duty to correct the violation and/or to pay any and all civil penalties or other cost assessments issued pursuant to this Ord inance S. A statement of the corrective or abatement action required to be taken and that all required permits to perform the corrective action must be obtained from the proper issuing agency; 9. A statement advising that, if any required work is not commenced or completed within the time specified by the notice and order, the Director may proceed to seek a judicial abatement order from Spokane County Superior Court. In the event of obtaining a judicial abatement order, the City will abate the nuisance, cause the work to be done, and charge the costs thereof as a lien against the property and as a joint and several personal obligation of any persons responsible for a nuisance S; ■chainbridgelOrdinanceslgeneral nuisance ordinance for 9 -23-03 1st read.dac Page 13 of 22 violation; DRAFT 10. A statement advising that, if any assessed penalty, fee or cost is not paid on or before the due date, the Director may charge the unpaid amount as a lien against the property where the nuisance violation occurred if owned by a person responsible for a nuisance violation, and as a joint and several personal obligation of all persons responsible for a nuisance violation; 11. A statement advising that any person named in the notice and order, or having any record or equitable title in the property against which the notice and order is recorded may appeal from the notice and order to the Hearing Examiner within twenty (20) days of the date of service of the notice and order, pursuant to Section 19 of this Ordinance; 12. A statement advising that a failure to appeal the notice and order within the applicable time limits renders the notice and order a final determination that the conditions described in the notice and order existed and constituted a nuisance violation, and that the named party is liable as a person responsible for a nuisance violation; 13. A statement advising the person responsible for a nuisance violation of his/her duty to notify the Director of any actions taken to achieve compliance with the notice and order; and 14. A statement advising that a willful and knowing violation may be referred to the Office of the City Attorney for prosecution pursuant to Section 18 of this Ordinance. D. Supplementation, revocation, modification. 1. The Director may add to, revoke in whole or in part, or otherwise modify a notice and order by issuing a written supplemental notice and order. The supplemental notice and order shall be governed by the same procedures and time limits applicable to all notice and orders contained in this Ordinance. 2. The Director may issue a supplemental notice and order, or revoke a notice and order issued under this Ordinance: a. If the original notice and order was issued in error; b. Whenever there is new information or change of circumstances; or c. If a party to an order was incorrectly named. 3. Such revocation or modification shall identify the reasons and underlying facts for modification or revocation. Administrative conference. An informal administrative conference may be conducted by the Director at any time for the purpose of facilitating communication among concerned persons and providing a forum for efficient resolution of any violation. Interested parties shall not unreasonably be excluded from such conferences. S :\cbainbridge\Ordinanus\gcncral nuisance ordinance for 9 -23 -03 1st read.doc Page 14 of 22 DRAFT P. Abatement. In addition, or as an alternative, to any other judicial or administrative remedy, the Director may use the notice and order provisions of this Ordinance to order any person responsible for a nuisance violation to abate the violation and to complete the work at such time and under such conditions as the Director determines reasonable under the circumstances. If the required corrective work is not commenced or completed within the time specified, the Director may seek a judicial abatement order as authorized by this Ordinance. Section 10. Abatement. In addition to the abatement procedures otherwise provided in this Ordinance, the City may proceed with emergency or judicial abatement as warranted by the circumstances. A. ierrenev 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.. 13. Judicial Abatement: The City may seek judicial process, 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. Section 11. Service — notice of violation, notice and order. A. Service of a notice of violation or notice and order shall be made on a person responsible for nuisance violation by one or more of the following methods: 1. Personal service of a notice of violation or notice and order may be made on the person identified by the Director as being responsible for the nuisance violation, or by leaving a copy of the notice of violation or notice and order at the person's house of usual abode with a person of suitable age and discretion who resides there; 2. Service directed to the landowner and /or occupant of the property may be made by posting the notice of violation or notice and order in a conspicuous place on the property where the violation occurred and concurrently mailing notice as provided for below, if a mailing address is available; 3. Service by mail may be made for a notice of violation or a notice and order by mailing two copies, postage prepaid, one by ordinary first class mail and the other by certified mail, to the person responsible for the nuisance violation at his or her last known address, at the address of the violation, or at the address of the place of business of the person responsible for the nuisance violation. The taxpayer's address as shown on the tax records of Spokane County shall be deemed the proper address for the purpose of mailing such notice to the landowner of the property where the violation occurred. Service by mail is presumed effective upon the third business day following the day the notice of violation or notice laid order was placed in the mail. 4. Service by publication shall conform to the requirements of Civil Rule 4 of the Rules for Superior Court. ti khninhridRelOrdinanezlgenenl nuisance ordinance for 9 -23 -03 1st read.doc Page 15 of 22 1. Notice of violation $250 2. Notice and Orders a. basic penalty S500 b. additional penalties may be added where there is: I. public health risk — amount depends upon severity $0 -2,500 2. history of similar violations (less than three) $0 -1,000 3. history of similar violations (three or more) $0 -5,000 c. the above penalties may be offset by the following compliance 1. full compliance with voluntary compliance agreement with prior history of 0 -1 similar violations $0 -1,500 DRAFT 13. The failure of the Director to make or attempt: service on any person named in the notice of violation or notice and order shall not invalidate any proceedings as to any person duly served. Section 12. Obligations of Persons Responsible for Nuisance Violation. A. It shall be the responsibility of any person identified as responsible for nuisance violation to bring the property into a safe and reasonable condition to achieve compliance. Payment of civil penalties and compliance with other remedies does not substitute for performing the corrective work required and having the property brought into compliance to the extent reasonably possible under the circumstances. 13. Persons determined to be responsible for a nuisance violation pursuant to a notice of violation or notice and order shall be liable for the payment of any civil penalties and abatement costs. if a property owner affirmatively demonstrates that the action which resulted in the violation was taken without the owner's knowledge or consent by someone other than the owner or someone acting on the owners behalf, that owner shall be responsible only for bringing the property into compliance to the extent reasonably feasible under the circumstances. Should the owner not correct the violation, only those abatement costs necessary to bring the property into a safe and reasonable condition, as determined by the Director, shall be assessed by the City. No civil penalties shall be assessed against such an owner or his or her property interest. Section 13. Determination of Compliance. After issuance of a warning, notice of violation, voluntary compliance agreement or notice and order, and after the person(s) responsible for a nuisance violation have come into compliance to the satisfaction of the Director, the Director shall issue a written determination of compliance. The Director shall mail copies of the determination of compliance to each person originally named in the warning, voluntary compliance agreement, notice of violation or notice and order, as well as the complainant, by certified mail, five -day return receipt requested. Section 14. Civil Penalties. A. Assessment Schedule. 1. Civil penalties for nuisance violations shall be imposed for remedial purposes and shall be assessed for each violation identified in a notice of violation or notice and order pursuant to the following schedule: S :IchainbridgeOrdinancesleeneral nuisance ordinance fur 9 -23-03 1st read.doe Page 16or22 DRAFT 2. full compliance with voluntary compliance agreement with prior history of two or more similar violations $0 -250 2. The total initial penalties assessed for notice and orders pursuant to this Ordinance shall apply for the first thirty day period following issuance of the order, unless another time period is specified in a voluntary compliance agreement. If a voluntary compliance agreement is not entered into within that time period, and no appeal is filed, the penalties for the next fifteen day period shall be one hundred fifty percent (150 %) of the initial penalties, and the penalties for the next fifteen day period shall be two hundred percent (200 %) the amount of the initial penalties. The intent of' this subsection is to increase penalties beyond the maximum penalties stated in subsection 1 as an additional means to achieve timely compliance. 3. Notice of violations shall be subject to a one -time penalty per violation. The Director retains authority to issue a subsequent notice and order for continued non- compliance. In that event, additional penalties shall be imposed. For purposes of assessing civil penalties, a violation shall be considered ongoing until the person responsible for a nuisance violation has come into compliance with the voluntary compliance agreement, notice of violation or notice and order and has provided sufficient evidence of such compliance. 4. Civil penalties shall be paid within twenty (20) days of service of the notice of violation or notice and order if not appealed. Payment of the civil penalties assessed under this Ordinance does not relieve a person found to be responsible for a nuisance violation of his or her duty to correct the violation and /or to pay any and all civil penalties or other cost assessments issued pursuant to this Ordinance. 5. The Director niay suspend civil penalties assessed pursuant to subsection 1 if the person responsible for a nuisance violation has entered into and completes a voluntary compliance agreement. Penalties shall begin to accrue again pursuant to the terms of the voluntary compliance agreement if corrective action stated in the voluntary compliance agreement is not completed as specified. 6. Civil penalties assessed create a joint and several personal obligation in all persons responsible for a nuisance violation. 7. In addition to, or in lieu of, any other state or local provision for the recovery of civil penalties, the City may file for record with the. Spokane County Auditor to claim a lien against the real property for the civil penalties assessed under this chapter if the violation was reasonably related to the real property. Any such lien can be fled under this chapter if, after the expiration of thirty (30) days from when a person responsible. for a nuisance violation receives the notice of violation or notice and order (excluding any appeal) any civil penalties remain unpaid in whole or in part. 13. Community Service. The Director is authorized to allow a person responsible for a nuisance violation that accumulates civil penalties as a result of a notice of'violation, notice and order, or failure to comply with the terms of a voluntary compliance agreement, to voluntarily participate in community service projects in lieu of paying all or a portion of the assessed civil penalties. Community service may include, but is not limited to, abatement, restoration or education programs designed to clean up the City. The amount of community service will reasonably relate to the comparable value of penalties assessed against the violator. The rate at which civil penalties are worked off under this Sacbainbridge \Ordinances\general nuisance aidinancc for 9 -23 -03 lst read.doc Page 17 of 22 DRAFT subsection is $ 10.00 per hour. The Director shall take into consideration the severity of the violation, any history of previous violations and practical and legal impediments in considering whether to allow community service in lieu of paying penalties. I. Civil penalties may be waived or reimbursed to the payor by the Director under the following circumstances: a. The notice of violation or notice and order was issued in error; or b. The civil penalties were assessed in error; or c. Notice failed to reach the property owner due to unusual circumstances; or C. Waivers. d. New, material information warranting waiver has been presented to the Director since the notice of violation or notice and order was issued. 2. The Director shall state in writing the basis for a decision to waive penalties, and such statement shall become part of the public record unless privileged. Section 15. Cost Recover A. In addition to the other remedies available under this chapter, upon issuance of a notice and order, the Director shall charge the costs of pursuing compliance and abatement incurred to correct a violation to the person responsible for a violation. These charges include: 1. Reasonable legal fees and costs. For purposes of this Ordinance, "reasonable legal fees and costs" shall include, but is not limited to legal personnel costs, both direct and indirect, incurred to enforce the provisions of this Ordinance; and 2. Administrative personnel costs. For purposes of this Ordinance, administrative personnel costs shall include, but are not limited to administrative employee costs, both direct and indirect, incurred to enforce the provisions of this Ordinance; and 3. Abatement costs. The Director shall keep an itemized account of costs incurred by the City in the abatement of a notice and order under this Ordinance. Upon completion of any abatement work, the Director shall prepare a report specifying a legal description of the real property where the abatement work occurred, work done for that property, the itemized costs of the work, and interest accrued; and 4. Actual expenses and costs of the City in preparing notices, specifications and contracts; in accomplishing or contracting and inspecting the work; and the costs of any required printing, mailing or court tiling fees. B. Such costs are due and payable thirty (30) days from mailing of the invoice. S :lcbainbridge\Ordinances1gcneral nuisance ordinance for 9 -23 -03 1st read.doc Page 18 of 22 DRAFT C. All costs assessed by the City in pursuing compliance and /or abatement create a joint and several personal obligation in all persons responsible for a nuisance violation. The Office of the City Attorney, on behalf of the City, may collect the costs of compliance efforts by any appropriate legal means. D. In addition to, or in lieu of any other state or local provision for the recovery of costs, the City may, after abating a nuisance violation pursuant to this Ordinance, file for record with the Spokane County Auditor to claim a lien against the real property for the assessed costs identified in this Ordinance if the violation was reasonably related to the real property. Such a lien shall be substantially in accordance with the provision regarding mechanic's liens in ROW 60.04, and said lien shall be foreclosed in the same manner as such liens. B. Any lien filed shall be subordinate to all previously existing special assessment liens imposed on the same property and shall be superior to all other liens, except for state and county taxes, with which it shall share priority. The City of Spokane Valley may cause a claim for lien to be filed for record within ninety (90) days from the later of the date that the monetary penalty is due or the date the work is completed or the nuisance 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. Section 16. Collection of civil penalties, fees and costs. The Director may use the services of a collection agency in order to collect any civil penalties, fees, costs and /or interest owing under this Ordinance. Section 17. Nuisance abatement fund — authorized. A. All monies collected from the assessment of civil penalties and for abatement costs and work shall be allocated to support expenditures for abatement, and shall be accounted for through either creation of an account in the fund for such abatement costs, or other appropriate accounting mechanism. B. Funds needed to abate a nuisance violation by the City shall be obtained from the abatement fund. Any monies collected under this ordinance that exceed an amount projected to cover anticipated abatement requirements within a six month time period shall be placed in the general fund. Section 18. Misdemeanor. Any person who willfully or knowingly causes, aids or abets a nuisance violation pursuant to this Ordinance by any act of commission or omission is guilty of a misdemeanor. Upon conviction, the person shall be punished by a fine not to exceed one thousand dollars and /or incarceration for a term not to exceed ninety days. Each week (seven consecutive days) such violation continues shall be considered a separate misdemeanor offense. As an alternative, or in addition to any other judicial or administrative remedy provided in this chapter or by law or other regulation, the Director may recommend that the Office of the City Attorney file a misdemeanor complaint against the person responsible for a nuisance violation when the Director has documentation or other evidence that the violation was willful and knowing. S: IcbainbridgelOrdinanecs 'igencral nuisance ordinance fur 9 -23.03 1st read.dac Page 19 of 22 DRAFT Section 19. Administrative Appeals. A. filing Requ 1. Any person issued a notice of violation or named in a notice and order and any owner of the land where the violation for which a notice of violation or notice and order is issued occurred, may file a notice of appeal of the following: a. notice of violation; b. notice and order; 2. A complainant who requests to be kept advised pursuant to Section 6(H) of this Ordinance may appeal a determination of compliance by the Director. • 3. A person that does not meet the requirements of Section 19 (A)(1) or (2) does not have standing to appeal under this Ordinance. 4. Any person fling an appeal under this Ordinance who was issued a notice of violation or notice and order, or is the owner of the land where the violation occurred, shall do so by obtaining the appeal form from the Director and filing the completed appeal form with the Director within twenty (20) days of service of the notice of violation or notice and order. A complainant who appeals the determination of compliance by the Director must file any such appeal within twenty (20) days of service of the determination of compliance. 5. Any administrative appeal considered under this Ordinance will be determined by the Hearings Examiner pursuant to Spokane Valley Ordinance 57 as adopted or hereafter amended, unless in conflict with specific provisions of this Ordinance, in which case the specific provisions of this Ordinance shall control. 13. Notice of hearing. Upon receipt of a notice of appeal, the City shall provide a hearing notice stating the time, location and date of the hearing on the issues identified on the notice of violation or notice and order. The City shall mail this notice by certified mail, five -day return receipt requested, to the person(s) responsible for a nuisance violation. C. Procedures. 1. The appeal hearing shall be conducted as provided for in Spokane Valley Ordinance 57 as adopted or hereafter amended. 2. Enforcement of any notice and order of the Director issued pursuant to this Ordinance shall be stayed as to the appealing party during the pendency of any administrative appeal under this Ordinance, except when the Director determines that the violation poses a significant threat of immediate and /or irreparable harm and so states in the notice and order. 3. When multiple notices of violations or notices and order have been issued simultaneously for'any set of facts constituting a violation, only one appeal of all the enforcement actions shall be allowed. S: 'cbainbridge\Ordinances\general nuisance ordinance for 9 -23-03 1st read.doe Page 20 of 22 D. Final order. DRAFT 1. Following review of the evidence submitted, the Hearing Examiner shall issue a written order containing findings and conclusions, and shall affirm or modify the notice of violation or notice and order previously issued if the Hearing Examiner finds that a violation has occurred. The Hearing Examiner shall uphold the appeal and reverse the citation or order if the examiner finds that no violation occurred. 2. If an owner of property where the violation has occurred has affirmatively demonstrated that the violation was caused by another person or entity not the agent of the property owner and without the owner's knowledge or consent, such property owner shall be responsible only for abatement of the violation. Strict compliance with permit requirements may be waived regarding the performance of such abatement in order to avoid doing substantial injustice to a non - culpable property owner. 3. The Hearing Examiner's order affirming, revoking or modifying a notice of violation or notice and order is a final decision, and shall be final and conclusive unless proceedings for review of the decision are properly commenced in Spokane County Superior Court within the time period specified by applicable state law. Section 20. Judicial enforcement. A. In addition to any other judicial or administrative remedy, the Office of the City Attorney, on behalf of the City, may seek enforcement of the Director's or Hearing Examiner's order by fling a petition for enforcement in Spokane County Superior Court. B. The petition must name as respondent each person against whom the Director seeks to obtain civil enforcement. C. A petition for civil enforcement may request monetary relief, declaratory relief, temporary or permanent injunctive relief, and any other civil remedy provided by law, or any combination of the foregoing. Section 21. Severabilitv. If any section, sentence, clause or phrase of this Ordinance should be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of any other section, sentence, clause or phrase of this Ordinance. Section 22. Effective Date. This Ordinance shall be in full force and effect five (5) days after publication of t:hc Ordinance Summary. PASSED by the City Council this day of October, 2003. Mayor, Michael DeVleming S :tcbainbridge\Ordinancestgcneral nuisance ordinance for 9-23-03 1st read_doc Page 21 of 22 ATTEST: City Clerk, Christine Bainbridge Approved as to Form: Deputy City Attorney, Cary P. Driskell Date of Publication: Effective Date: DRAFT S:kbainbridgelOrdinanceskseneral nuisance ordinance for 9 -23-03 1st read.doc Page 22 of 22 CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: September 23, 2003 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 : Delegation of authority to hearing examiner regarding dangerous dog issues. GOVERNING LEGISLATION: Ordinances 56 and 57. PREVIOUS COUNCIL ACTION TAKEN: Adoption of Ordinance 56, creating ability to delegate this authority. BACKGROUND: Ordinance 56 adopted the County animal control code provisions. Section 4, established the ability of the Council to delegate its authority to hear matters relating to animal control. When Animal Control determines a dog is dangerous, the owner can appeal to the legislative body. The Council can hear the appeal as an entire body, or delegate that authority to another body, such a single Council member or a hearing examiner. This proposed resolution delegates the authority to the hearing examiner. Nancy Hill, Director of Animal Control, has requested that we quickly determine who will hear such appeals, as there have been a number or recent requests for hearings. Appeal hearings must be held within 20 days of request for hearing by the appellant under the adopted County Code provision. OPTIONS: Retain the authority to hear the matters, or delegating to a single Council member for the hearing, with adoption by the Council on consent agenda. RECOMMENDED ACTION OR MOTION: Move the Resolution to second reading on October 14, 2003. BUDGET /FINANCIAL IMPACTS: The hourly cost ($69 per hour) for the hearing examiner. There are approximately 5 - 10 such hearings per month. STAFF CONTACT: Cary P. Driskell ATTACHMENTS: Attached proposed resolution. Proposed resolution delegating animal control hearing authority to Rearing Examiner — C. Driskell Draft two — August 22, 2003 A RESOLUTION OF THE CITY OF SPOKANE VALLEY, SPOKANE COUNTY, WASHINGTON, DELEGATING HEARING AUTHORITY UNDER ORDINANCE NO. 56 TO THE HEARING EXAMINER. WHEREAS, Spokane Valley passed Ordinance 56 on March 20, 2003, adopting Spokane County Code Chapters 5.04 and 5.12 relating to animal control and dangerous animals; WHEREAS, Ordinance 56, Section 4, states that the City Council shall serve as the administrative hearing body on animal control and dangerous animal matters, or may designate. that authority; WHEREAS Ordinance 57 adopted a Hearing Examiner system, and provides authority for the Hearing Examiner to hear and determine certain types of administrative cases; and WHEREAS, The City Council desires to delegate the authority to conduct and decide administrative hearings pursuant to Ordinance 56 to the Hearing Examiner. NOW THEREFORE, be it resolved by the City Council of the City of Spokane Valley, Spokane County Washington, as follows: Section 1. The City Council delegates the authority to conduct and decide any administrative hearing arising out. of Ordinance 56 to the Hearing Examiner, pursuant to the procedures and rules provided in Ordinance 57. Attest: Section 2. This Resolution shall be in full force and effect five days after publication. Adopted this day of October, 2003. City Clerk, Christine Bainbridge Approved as to Form: Deputy City Attorney, Cary P. Driskell CITY OF SPOKANE VALLEY SPOKANE COUNTY, WASIUNGTON RESOLUTION NO. 03- City of Spokane Valley Mayor Michael DeVleming crC:\Documents and Seth ngs \cbainbridge\Laal Settings\Temporary Internet FiI \OLK2Elresolution delegating authority to hearing examiner draft 3 for (first leading 9.23.03.DOCanimnl controtJresnlution granting authority to hearing examiner 8.22 -03 draft two CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: 9 -16 -03 City Manager Sign -off: Item: Check all that apply: ❑ consent ❑ old business ❑ new business ❑ public hearing X information ❑ admin. report p pending legislation AGENDA ITEM TITLE: Resolution Providing for Appointment of Member on Spokane Housing Authority GOVERNING LEGISLATION: Spokane Valley Resolution No. 33 PREVIOUS COUNCIL ACTION TAKEN: Adoption of Resolution No. 33 on May 13, 2003. BACKGROUND: Resolution 33 was adopted declaring the need and authorized the Spokane Housing Authority to exercise authority within Spokane Valley. This resolution grants our Mayor the authority to appoint one of the five SHA board members, with confirmation by the Council. OPTIONS: RECOMMENDED ACTION OR MOTION: Move to adopt the resolution. BUDGET /FINANCIAL IMPACTS: Unknown. STAFF CONTACT:Cary Driskell. ATTACHMENTS: Resolution No. , authorizing appointment power by Mayor. DRAFT Cll'Y OF SPOKANE VALLEY SPOKANE COUNTY, WASHINGTON RESOLUTION NO. 03- A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SPOKANE VALLEY, SPOKANE COUNTY, WASHINGTON, PROVIDING FOR APPOINTMENT, MEMBERS OF THE BOARD OF COMMISSIONERS AND OPERATIONAL RULES FOR THE SPOKANE HOUSING AUTHORITY; AND PROVIDING FOR OTHER MATTERS PROPERLY RELATING THERETO . JOINT CITY /COUNTY HOUSING AUTHORITY CITY OF SPOKANE VALLEY Spokane County, Washington BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SPOKANE VALLEY, of Spokane County, Washington: WHEREAS, the City of Spokane Valley, Washington ( "CITY "), is a noncharter code city duly ortanized and existing under and by virtue of the Constitution and the laws of the State of Washington; and WHEREAS, the Council of the CITY ( "COUNCIL ") recognizes the public interest in sustaining affordable housing for the residents of the city and the surrounding community; and WHEREAS, by Resolution dated May 13, 2003, COUNCIL recognized the need for low- income housing; and WHEREAS, the Spokane Housing Authority ("AUTHORITY") has provided services within the city limits of the city of Spokane Valley; and WHEREAS, recognition of such geographical service area was recognized by Resolution of both the City of Spokane and Spokane County deferring appointment to CITY, one member of the Board of Commissioners of the AUTHORITY ("BOARD") who works or resides within the city of Spokane Valley; and WHEREAS, every housing authority in the State of Washington is authorized to do any and all things necessary or desirable to secure the financial aid or cooperation of the federal government in the undertaking, construction, maintenance or operation of any housing project by such authority pursuant to RCW 35.82.800; and WHEREAS, AUTHORITY has in the past and will in the future, secure the financial aid and . cooperation of the federal government and is solely responsible for all debts and operating expenses incurred in the operation of AUTHORITY. NOW THEREFORE, IT IS HEREBY FOUND DETERMWED AND ORDERED as follows: Section 1: FINDING OF NECESSITY Upon review of the information before it and after consideration of material provided to it, COUNCIL makes the following determinations: 11S V -FS 1 tUsers1\C13 ai nbri dgskbainbridgclResol ut ionslresoluti on spokanc housing authaaity. DOC Page 1 of 6 f Section 2: AUTHORITY DRAFT ) (a) The affordability of adequate housing for a number of residents within the boundaries of the city of Spokane Valley is an increasing problem; (b) AUTHORITY has entered into a number of agreements with other municipalities within Spokane County to assist with this problem and has had success providing more housing opportunities for low income individuals, but the problem of adequate housing for low income residents of this community still remains; (a) Name of Authority. The name of the Authority shall be and remain "Spokane Housing Authority." (b) Seal of the Authority. The seal of the Authority shall be in the form of a circle and shall bear the name of the Authority and the year of its organization as a joint city/county housing authority. (c) Office of Authority. The office of the Authority shall be at such place in the County of Spokane, Washington, as the Authority may from time to time designate by Resolution. The official office of the Authority is presently located at 55 W. Mission, Spokane, Washington. Section 3: APPOINTA'IENT AND TENURE OF COMMISSION A board of five (5) Commissioners (BOARD) composed of the following shall govern AUTHORITY: (a) Membership of the BOARD. One (1) individual who is directly assisted by AUTHORITY, jointly appointed by the Mayor of the City of Spokane, the Mayor of the City of Spokane Valley, and the Chair of the Board of County Commissioners; Two (2) individuals who work or reside within the city limits of the city of Spokane appointed by the Mayor and confirmed by the Council of the City of Spokane; One (1) individual who works or resides in unincorporated Spokane County, Washington, appointed by the Board of Commissioners of Spokane County, Washington; One (1) individual who works or resides within the city limits of the city of Spokane Valley, appointed by the Mayor and confirmed by COUNCIL of CITY of Spokane Valle}; (b) Existing; BOARD. The term of each appointment shall be for five (5) years on a rotating basis in concurrence with provisions under RCW 35.82.040. With the establishment of the joint city /county housing authority, the following Commissioners and terms shall be certified as follows: Julia Rahrnaan — SHA- assisted Representative 3/15/2006 William Zeck —City of Spokane Representative 3/15/2004 Terri Symbol — County of Spokane Representative 3/15/2002 ASV-FS IlUsaslCBainbrideel cbainbridee \Resolutionslresolution spokane housing authority.DOC Page 2 of 6 DRAFT Richard Brittain — City of Spokane Representative 3/i 5/2005 Janet Bastine — City of Spokane Valley Representative 3 /15 /2008 Any seat vacated prior to the expiration of the term shall be filled by the appropriate jurisdiction and shall be for the unexpired term of that Commissioner's seat. (c) Removal of Commissioner. For inefficiency or neglect of duty or misconduct in office, a Commissioner may be removed by the M.ayor (if a City appointee); the Chair of the Board of County Commissioners (if a County appointee); and the Mayor of Spokane and Chair jointly as SHA- assisted representative appointee. A Commissioner may be removed only after having been given a copy of the charges at least ten (10) days prior to the hearing thereon and after having an opportunity to be heard in person or by Council. En the event of the removal of any Commissioner, a record of the proceedings, together with the charges and findings thereon, shall be filed in the Office of the Secretary. Section 4: OFFICERS (a) Officers. The officers of AUTHORITY shall be a Chair, a Vice -Chair and a Secretary who shall be the Executive Director. (b) Chair. The Chair shall preside at all meetings of the BOARD. Except as otherwise authorized by Resolution of the BOARD, the Chair shall sign all contacts, deed, and other instruments made by AUTHORITY. At each meeting, the Chair shall submit such recommendations and information as the Chair considers proper concerning the business, affairs and policies of AUTHORITY. (e) Vice - Chair. The Vice -Chair shall perform the duties of the Chair in the absence or incapacity of the Chair. In case of the resignation or death of the Chair, the Vice -Chair shall perform the duties as are imposed on the Chair until such times as BOARD shall elect a new Chair. (d) Secretary. The Secretary shall be the Executive Director of AUTHORITY and as such, shall have general supervision over the administration of its business and affairs, subject to the direction of AUTH:OR.ITY. The Executive Director shall be charged with the management of the housing projects of AUTHORITY. The Secretary shall keep the records of BOARD, shall act as secretary of the meetings of BOARD and record all votes, and shall keep a record of the proceedings of BOARD in a journal of proceedings to be kept for such purposes, and shall perform all duties incident to the office. The Secretary shall keep in safe custody, the seal of AUTHORITY and shall have the power to affix such seal to all contracts and instruments authorized to be executed by AUTHORITY. The Secretary shall have the care and custody of all funds of AUTHORITY, and shall deposit the sarrrc in the name of AUTHORITY in such bank or banks as AUTHORITY may select. The Secretary shall sign all orders and checks for the payment of money and shall pay out and disburse such moneys under the direction of AUTHORITY. Except as otherwise authorized by Resolution of BOARD, all such orders and checks shall be countersigned by the Chair. The Secretary shall keep regular books of accounts showing receipts and expenditures and shall render to BOARD, at each regular meeting (or more often if requested), an account of all AUTHORITY transactions and the financial condition of' AUTHORITY. The Secretary shall give such bond for the faithful performance of these duties as BOARD may determine. \\ SV- 1 1 UsetslCBttinbridgcicbainbridgc \Resotutionslresolution spokanc housing authority.DOC Page 3 of 6 The compensation of the Secretary shall be determined by BOARD, provided that a temporary appointee selected from among the Commissioners of AUTI- IORITY shall serve without compensation (other than the payment of necessary expenses). (e) Other Duties. The officers of AUTHORITY shall perform such other duties and functions as may from time to time be required by BOARD or the by -laws or rules and regulations of AUTHORITY. (f) Election of Appointment. The Chair and Vice -Chair shall be elected at the annual meeting of AUTHORITY from among the Commissioners of AUTHORITY, and shall hold office for one (1) year or until their successors are elected and qualified. The Secretary shall be appointed by AUTHORITY. Any person appointed to fill the office of Secretary, or any vacancy therein, shall have such term as AUTHORITY fixed, but no Commissioner of AUTHORITY shall be eligible for this office except as a temporary appointee. (g) Vacancies. Should the office of Chair or vice -Chair become vacant, AUTHORITY shall elect a successor from its membership at the next regular meeting, and such election shall be for the unexpired term of said office. When the office of the Secretary becomes vacant, AUTHORITY shall appoint a successor as aforesaid. Section 5: l`TEET.JNGS DRAFT (a) Annual Meeting. The annual meeting of AUTHORITY shall be held on the third Monday of October at 3:30 p.m. at the regular meeting place of AUTHORITY. (b) Regular Meetings. Regular meetings shall be held without notice at such time and place as may from time to time be determined and given public, legal notice. (c) Special Meetings. The Chair of the BOARD may, when deemed expedient, and shall, upon the written request of two (2) Commissioners of AUTHORITY, call a special meeting of the BOARD for the purpose of transacting any business designated in the call. The call for a special meeting may be delivered to each Commissioner of AUTHORITY to either the home or business address at least two (2) days prior to the date of the special meeting. At such special meeting, no business shall be considered other than as designated in the call, but if all of the Commissioners of AUTHORITY are present at a special meeting, any and all business may be transacted at such special meeting. (d) Quorum. The powers of AUTHORITY shall be vested in the Commissioners thereof in office from time to time. Three (3) Commissioners shall constitute a quorum for the purpose of conducting its business and exercising its powers and for all other purposes, but a smaller number may adjourn from time to time until a quorum is obtained. When a quorum is in attendance, action may be taken by AUTHORITY upon vote of the majority of the Commissioners present. (e) Order of Business. At the regular meeting of AUTHORITY, the following shall be the order of business: 1. Convening of Meeting 2. Action on proposed Resolutions and Motions \\S -FS I\ Users\ CBainhridgckbainbridgc \Resolutions\rcsolulion spokanc housing authority.DOC Pagc 4 of 6 BOARD. (d) operation. DRAFT 3. Consent Calendar Approval of minutes of previous meeting Review of month -end Financial Reports Department reports Resident Group reports News R Notes 4. New Business 5. Unfinished Business 6. Adjournment All Resolutions shall be in writing and shall be copied in a journal of the proceedings of (f) Manner of Voting. The voting on all questions coming before AUTHORITY shall be by voice vote, and the Ayes and Noes shall be entered upon the minutes of such meeting, except on the election of officers which may be by ballot. (g) Sub - Committees. Sub - committees may be established by the Chair as a standing or ad- hoe committee. Sub- committees shall consist of two (2) Commissioners. At the request of the sub - committc, AUTHORITY personnel may be assigned by the Secretary. Section 6: AUTHORITY FOR OPERATION (a) Statutory. AUTHORITY shall have the legal authority and the complete obligations as set forth in the laws and Constitution of the State of Washington. Nothing set forth herein is intended in any way to limit this authority or AUTHORITY'S ability to operate. (b) Assumption of Responsibilities. AUTHORITY assumes all of the contractual and financial liabilities for the Spokane Housing Authority. (c) Professional Services. BOARD of AUTHORITY shall have the authority from time to time, to appoint the necessary professionals to assist it, including but not limited to legal counsel, underwriting and financial services and other professional assistance deemed necessary. Bylaws. BOARD may adopt, and from time to time amend, bylaws and other rules of (e) Financial Responsibility. AUTHORITY shall be responsible for its own financial and other obligations. Absent specific action by COUNCIL, CITY shall have no financial or other responsibility for the operation of AUTHORITY. Section 7: GENERAL AUTHORIZATION The Mayor, Chief Administrative Officer and the City Attorney, as agents and representatives of CITY are hereby authorized and directed to do everything necessary to accomplish the acts set forth in this Resolution. 1LSV -FS I1 Usersl CBainbridgel cbainbridge \Resolutionslrrsolntion spokane housing authority.DOC Page 5 of 6 Section 8: RATIFICATION OF PAST ACTS All acts as heretofore taken by CITY officers, staff, attorneys and agents consistent with the terms and purposes of this Resolution are hereby ratified, confirmed and approved. Section 9: SEVERABILITY If any one or more of the covenants or agreements provided in this Resolution to be performed on the part of CITY shall be declared by any court of competent jurisdiction to be contrary to law, then such covenant or covenants, agreement or agreements, shall be null and void and shall be deemed separable from the remaining covenants and agreements of this Resolution and shall in no way affect the validity of the other provisions of this Resolution. Section 10: REPEALER All Resolutions or parts thereof in conflict herewith are, to the extent of such conflict, hereby repealed, and shall have no further force or affect. ATTEST: Section I 1: EFFECTIVE DATE This Resolution shall take effect immediately upon its adoption. ADOPTED this day of , 2003. Christine Bainbridge, City Clerk APPROVED AS TO FORM: Stanley Schwartz, interim City Attorney DRAFT CITY OF SPOKANE VALLEY Michael DeVleming, Mayor \'SV•FS I\ Users lCBainbridg .lchainbridgelResolutionslre ,solution spoknne housing authority.DOC Page 6 or 6 Li; After discussion of the resolution, Commissioner Sullivan moved that said resolution be adopted as introduced and read. The motion was seconded by Commissioner Tsutakawa. The question being put upon the final adoption of said resolution, the roll was called with the following result: Ayes: Barry H. Batty, Ronald Springer, Envy Lou Sullivan, Edward M. Tsutakawa, and E. J. McWilliams Noes: None The Chairman declared such motion carried and the resolution finally adopted. Spokane Housing Authority 55 W. Mission, Suite 104 Spokane, Washington 99201 -2398 RESOLUTION NO. 1 BE IT RESOLVED BY THE HOUSING AUTHORITY OF THE CITY OF SPOKANE: That the Housing Authority of the City of Spokane be and it hereby is established pursuant to the Housing Authorities Law, as amended, of Washington, and is now authorized to transact business and exercise its powers in its area of operation as defined in said law. Minutes of the meeting of the Housing Authority of the City of Spokane held on the 26th day of May, 1972. • BY -LAWS Or THE NRUSIN0 AUTHORITY OF THE CITY OF SPOKANE ARTICLE I' . • THE AUTHORITY • • Soction 1. Name of Authority. The name of the.Authority shall be "Hemline Authority of the City of Sookane ". Section 2. Seal of Authority.- The seal of the Authority shall be In the form of a circle and shall bear the name,of the Authority . and the year of its organization. Section 3. Office of Authority. The office of the Authority shall be at such place In the City of Spokane, Washington, as the Authority may from time to time designate by resolution.- ' ARTICLE I1 • OFFICERS Section 1. Officers. The officers of the Authority shall be e Chairman, a Vioe — rrnan and a Secretary who shall be Pxecutive Director. Section -2. Chairman. The Chairman shall preside at ell meet - inae of the Authority. except as otherwise authorized hy resolution' of the Authority, the Chairman shall sign all contracts, deeds and. other instruments made by the Authority. At each meeting the Chairman shall subnit such rocosmendationn and information as he may conaidor proper.concerning the.husiness, affairs and policies of the Authority. Section 3. Vice- Chairman. Tho Vice- Chairman shall perform the duties of the Chairman in the ahsence or incapacity of the Chairmen; and in came of the resignation or death of the - Chairman; the Vice- • Chairman shall perform such duties as are imposed on the Chairman until such time as the Authority shall elect a new Chairman. Section 4. Secretary. The Secretary shall be the Executive Director of the'Authority and as such, shall have general super- vision over the administration of its business and affairs, subject to the direction of the - Authority. - He shall be charged with the • management of the housing projects of the Authority. The Secretary shall keen the records of the Authority, shall act as secretary of the meetings of the Authority and record all votes, and shall keep e reenrd of the proceedings of the Authority in a journal of proceedings to be kept for such purpose, and shall perform all duties incidont to his office. He shall keep in safe custody the seal of the Authority and shall have power to affix such Beal to all contracts and inetrumentr authorized to he executed hy the Authority. He shall have the care and custody of all funds of the Authority- and shall deposit the same in the name of the Authority In such bank or banks se the Authority may select. He-shall sign all orders and. checks for the payment of money and shall pay out and disburse such moneys under the direction of the Authority.. Except ae otherwise authorized by resolution of the Authority, all such orders and checks shall be countersigned by the Chairman. He shall keep. regular books of accounts showing receipts and expenditures and shall render' • to the Authority, at each regular meeting (or oftener when requested), an account of his transactions and aloe of the financial condition of .the Authority. He shall give such bond for the faithful performance of his duties as the Authority may determine. The compensation of the Secretary shall be determined by the Authority, provided that a temporary appointee selected from -among . the Commiaeionern of the Authority shall serve without compensation (other than the payment of necessary expenses). Section S. Additional Duties. The officers'of the Authority • shall perform such other duties and functions as may from time to time be required by the Authority or the by -laws or rules and regu- lations of the Authority. 'Section 6. Election or Appointment. The Chairman and Vice = ` Chairman shall be elected at the annual meeting of the Authority from among the Cerniseioners of the Authority, and shall hold office for one year or until their sueeesaors are elected and qualified; except that the first Chairman who is designated by the mayor, shall hold ' ' office as Chairman until the expiration of his term as Commissioner. The Secretary shall' be appointed by the Authority. Any person . appointed to fill the office of Secretary, or any vacancy therein, • shall have such term as the Authority fixes, hut no Commissioner of the Authority shall be eligible to this office.oxcept as a temporary appointee. Suction 7. Vacancies. Should the offices of Chairman or Vice - Chairman become vacant, the Authority shall. elect a successor from its - membership at the next regular meeting, and such.election shnil be for the unexpired term of said office. When the office of Secretary becomes vacant, the Authority shall appoint a successor as aforesaid. • • Section 8. Additional Personnel. The Authority may from time to time employ such personnel as it deems necessary to exercise its powers, duties and functions as. prescribed by the Housing Authorities Law of Washington and all other laws of the State of Washinaton applicable thereto. The selection and compensation of such personnel (including the Secretary) shall be determined by the Authority subject to the Laws of of Washington.' ARTICLE EII MEETINGS Section 1, Annual Meeting. The annual meeting of. the Authority shall be hold on the iOth day of September at 7:30 o'clock p.m. at the regular meeting place of the Authority. in the event such date ' shall fall on a Saturday, Sunday or a legal holiday, the annual meet- ing shall be held on the next succeeding business day. Section 2. Regular Meeting. Raaular meetings shall be held'witt• out notice at such time and place as may from time to time be eetermi.Wd by resolution of the Authority. In the event a day of regular meeting shall be a holiday, said meeting shall be held on the next • ,r • succeeding business day. ;• • Section 3. Special Meetings. The Chairman of the Authority may, - when he deems it expedient, and shall, upon the written request of two Commissioners of the Authority,, call a'special meeting of the ' Authority for the purpose of transacting any business designated in the call. The call for a special meeting may be delivered to each Commissioner of the Authority or may be mailed to the business or home address of each Commissioner of the Authority at least two days prior to the date of such a pecial.aieeting. At such special mooting no business shall be considered other then as designated in the call, but if all of the Commissioners of the Authority aro pros ent at a special meeting, any and .all business may be transacted at such special meeting. . Section 4. worum. The powere of the Authority shall be vested in the Commissioners thereof in office from time to time. Three Commissioners shall constitute a quorum for the purpose of conducting' ' its business and exercising its powers and for all other purposes, but a smaller number may adjourn from time to time until -a quorum ' in obtained. When a quorum is in attendance, action may be taken by the Authority.upon a vote of a majority of the Commissioners present. • Section 5. Order of Businoon. 'At the regular meeting of the Authority the following shall he tho order of huainesa :• . 1. Roll call • • 2. Reading and approval of the minutes of the previous meeting. • 3. Bills and communication°. 4. Report of the Secretary. 5. Reports of Committees. 6. Unfinished buain000.. 7. Now business. S. Adjournment. All resolutions shall he in writing and'aha1L be 'copied in e journal of the proceedings of the Authority. Section 6. !tanner of Voting. The voting on all questions coming before the Authority shall be by roll call, and the ayes and noes shall be entered upon the minutes of such meeting. except on the election of officers which may bo by.ballot. . ARTICLE IV AMENDMENTS • • • 'Amendments to By -laws. The by -laws of the Authority shall he amended only with the approval of at least three of tho Commissioners of the Authority at a regular or a special meeting. - After discussion of the resolution, Commissioner Batty moved that said resolution be finally adopted an introduced and read. The motion was seconded by Commissioner Springer. - Tho question • being put upon the final adoption of said resolution, the roll was called with the following result: Ayes: Harry H. Batty, Ronald Springer, Emy Lou Sullivan, .Edward M. Tnutakawa, e..J. McWilliams Noes: None • • • The Chairman declared such motion carried and the resolution . finally adopted. A corporate seal, in the'form of a circle and bearing the name of the Authority and the year of its organization, was then sub- mitted to the mooting. The followinq'resolution vas than introduced by Commissioner McWilliams, read in full by the Secretary' pro tem, and considered by the Authority: . • RESOLUTION NO. 3 ' BE IT RESOLVED BY THE HOUSING AUTHORITY -OF THE CITY OF SPOKANE: • • That the seal submitted to this meeting is hereby adopted as the seal of this Authority and the Secretary is hereby authorized and directed to imprint said seal on the margin of the minutes opposite this resolution. ' . After discussion of the resolution, Commissioner Sullivan moved that said resolution be finally adopted as introduced and read. Tho motion was seconded by Commissioner Batty. The question being put upon the final adoption of said resolution, the roll was called with • the following result: Ayes: Harry H. Batty, Ronald Springer, tmy Lou.Sullivan, Edward M. Tsutakawa, E. J. McWilliams . Noes: None . • The Chairman declared such motion carried and the resolut ion finally adopted. The following resolution was then introduced•hy Commissioner . McWilliams, read in full by the Secretary pro tem, and considered by the Authority: • RESOLUTION NO. 4 . RESOLUTION OESICNATING OFFICE • .OF THE. HOUSING AUTHORITY OF T1IE CITY OF SPOKANE WHEREAS, Section 3 of Article I of the by -laws of the Housing Authority of the City of Spokane provides that the office of the Authority shall be at such place in the City of Spokane, Washington, ne cony he designated by resolution: now, therefore. BE IT RESOLVED BY THE ROUSING AUTHORITY OF THE CITY OF SPOKANE: That until otherwise provided by resolution, the office of the Housing Authority of the City Spokane shall be at the City hall in .the City of Spokane, Washington. After discussion of the resolution, Commissioner Springer . moved that said resolution be finally adopted as introduced and read. The motion was seconded by Commissioner Sullivan. The . . question being put upon the final adoption of said resolution, the roll was called with the following result: Ayes: Harry R. Batty, Ronald Springer, Emy Lou Sullivan, 'Edward M. Tsutakawa, E..J. McWilliams Noos: None . The Chairman declared the motion carried and the resolution finally adopted. The following resolution was then introduced by Commissioner • McWilliams, read in full by the Secretary pro tern, and considered by the Authority: RESOLUTION NO. 5 WHEREAS, Article III of the by -laws of the Rousing Authority • of the City of Spokane establishes meetings of the Authority; now, therefore, BE IT RESOLVED BY THE HOUSING AUTHORITY OF THE CITY OF SPOKANE, That until otherwise provided for by Resolution, Notice • of Meetings as required by the Open Public Meetings Act of 1971, shall be given by timely delivery of advance notice to • the Press Room, City Hall, City of Spokane, Washington. After discussion of the resolution,. Commisaioner.Batty coved that said resolution be finally adopted ea introduced and read. The motion was seconded by Commissioner Tsutakawa. The quootion being put upon the final adoption of said resolution, the roll was called with the following result: Aye *: Harry H.-Batty, Ronald Springer, Italy Lou Sullivan, Edward-M. Tsutakawa, E. J•. McWilliams Noes: Hone - • . • • • The Chairman declared the motion .carried and. the resolution finally adopted. . The following resolution was then introduced by Commissioner McWilliams, read in full by the Secretary pro tem, and considered by the Authority: ' RESOLUTION N0. 6 RESOLUTION DESIGNATING THE TIME AND:PLACE OF REGULAR MEETINGS OF. THE HOUSING AUTHORITY OF THE CITY OF SPOKANE ' WHEREAS, Section 2 of Article III of the by -laws of the Housing Authority of the City of Spokane provides that regular meetings may be held without notice at such time and place as may be determined by resolution of the Authority: now, therefore, BE IT RESOLVED BY THE HOUSING AUTHORITY OF TEE CITY OF SPOKANE: That until otherwise provided by resolution, the Commissioners of the Housing Authority of the City of 'Spokane shall hold regular meetings at 2 :30 o'clock, p.m., on the second Tuesday of each aonth at the Board Room of Fidelity Mutual Savings Bank. • . . After diacussion of the resolution, Commissioner Tsutakawa coved that maid resolution be finally adopted as introduced and 'read. The motion vas seconded by Commissioner Batty. The question being put upon the final adoption of said resolution, the roll was called with the following result: Ayes: Harry H. Batty, Ronald Springer, Emy Lou Sullivan, Edward M. Tsutakawa, E. J. McWilliams . Noes; None . • • • The Chairman thereupon declared the motion carried and said' resolution finally adopted. • • Tho Chairman announced that it was in order to elect the officers of. the Authority to serve until the next annual meeting and until their successors were chosen and qualified in their. '- stead. Comminsioner Batty was placed in nomination for the office of. Vice-Chairman. There appearing to be no other nominations, the - Chairman announced that a vote would be in order. A vote was taken with the following.reault: Total votea'eaet - 4. - Votoa cast for Commissioner Batty - 4. Commissioner Batty having received a majority of the votes cast, the Chairman declared that the said Commissioner had been duly elected to the office of Vice - Chairman of the Authority. . • It being determined that the office of Secretary should not be _permanently filled for the present, it was decided to soiect one of _ the Commissioners of the Authority to serve as Secretary in a tem- porary capacity, without compensation other than for necessary expenses. • Thereupon, it was moved by Commissioner Batty that Commissioner Springer be appointed to the office of Secretary, to serve in a ' temporary capacity, without compensation other than for necessary expanses, until a permanent appointment had been made. The motion. was seconded by Commissioner Sullivan'and thereupon the'Chairman put the question on the adoption of the motion. A vote was taken - with the following result: Ayes: Harry.H. Batty, ESny Lou'Snllivan,- Edward M. Tsutakawa, • E. J. McWilliams - Noes: None the motion having received the affirmative vote of a majority Of the Commissioners, the Chairman declared the same duly adopted and Commissioner Springer appointed to the office of Temporary Secretary of the Authority. Chairman McWilliams advised the memhors of the Authority that eaveral people from the Housing and urban Development office of Seattle had offered to attend a meeting, when a date has been estab- liahed, to assist the Housing Authority of Spokane in Dotting started. It was the consensuo that an Invitation be extended for tho June 13 meeting. Members of the Authority discussed methods for funding the Authority, and the legal assistance required. Chairman mcWiiildmal *aggestcd that Line City Plan Conmiesion would provide the information mended for.the Fltnien.g Authority files and for the Cammiesicnere to steely. Comminsioner Sullivan offered to contact the City Plan Coapartment. . . . . T.0 estshlish tha ore in which the nonming Anthmity nf Spokane can operato Chritman nrkiLlAnmA )quire' that tlet. .: Secretary BOCUCel e map DE Spoichfte Courity. . . . . . . . . • After disoluelion of dress of fled J.t was Oecided to decurn census information inoludiniEl the number 0£ bousin91 units approved . . and in the pedoeso of hein9 bUilt trifle' the City Plan commiseion, to develop InEoneetion de whJch to Wine a CID oision whether the Authortty should laden existing .property or construct n*W dwell- /nes, • - • . - . . . , , • . . ' The mind was adloerned. • . . ' A • CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: 9 - - City Manager Sign -off: Item: Check all that apply: ❑ consent ❑ old business XX new business ❑ public hearing ❑ information ❑ admin. report ❑ pending legislation AGENDA ITEM TITLE: Proposed Resolution 03 - 048, Accepting 25' Easement from Fournier GOVERNING LEGISLATION: PREVIOUS COUNCIL ACTION TAKEN: None on this item. Mr. and Mrs. Fournier previously granted Spokane Valley a similar easement on two adjoining parcels for road and utility purposes in July. BACKGROUND: The Fourniers are in the process of buying property adjoining their residential property for the purpose of in -fill residential development. This current property is one of their acquisitions. They anticipate developing 8 residential lots when all the property is finally acquired. This easement will allow for construction of an extension of Sinto, and allow utilities. OPTIONS: Not accepting the easement. RECOMMENDED ACTION OR MOTION: Move to adopt the Resolution accepting easement. BUDGET /FINANCIAL IMPACTS: Neutral. STAFF CONTACT: Cary P. Driskell ATTACHMENTS: Resolution 03 -048 with attached easement. Prupose.d staff Faumier draft sEreel and utility ca_ emcni — C. Orisk€cl1 September 17, 2003 — dr /Ifi 1 A RESOLUTION OF TEE CITY OF SPOKANE VALLEY, SPOKANE. COUNTY, WASH INGT ON, ACCEPTING THE CONVEYANCE OKANEASEi NT FROM THEODORE R. FOURr IER AND LORRAINE J. FOURNI R FOR PUBLIC STREET AND UTILITY PURPOSES. W]EfEAS, Theodore R. Fournier, Jr., and Lorraine J. Fournier are desirous of granting to the City of Spokane Valley a pub]ic street and utilities easement for that property identified in .Exhibit A. WHEREAS, Spokane County has constructed sanitary sel,ver facilities in the property adjacent to the property identified in Exhibit A, and the parties desire to transfer an immediate property interest in the property described in Exhibit A; and WHEREAS, it is in the best interest of the City to have the ability to extend streets and utilities into those areas where growth is anticipated_ NOW THEREFORE, be it resolved by the City Council of the City of Spokane Valley, Spokane County, Washington, as follows: The City of Spokane Valley accepts from Theodore R. Fournier, Jr,, and Lorraine .1. Fournier the easement for the conveyance of the property identified in Exhibit A, for and in consideration of the matters set forth in the Public Street and Utility Easement, iith the intent to use the same for the public benefit purposes set forth in the Public Street and Utility Easement. The City agrees to use the easement consistent with conditions, if any, imposed upon the properly through the grant of any previous easements. The City Council hereby accepts the grant of easement and authorizes the City Manager to execute all necessary documents to complete the conveyance of the easement including final acceptance of the Deed free and clear of liens and encumbrances that affect the City's reasonable use of the property. ATTI ST: Adopted this day of September, 2003_ City Clerk, Christine Bainbridge Approved as to Furm; Deputy City Attorney, Cary P. Driskell CITY OF SPOKANE VALLEY SPOKANE COUNTY, WASHINGTON RESOLUTION NO. 03.-048 City of Spokane Valley Mayor l lichee] Deaf Leming c:cpd wort file+property trans fers'Fournierldrn street and milk aseratro for second transfer 9 -1703 draft 1 Page 1 of t 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. 16. 17. 18. 19. 20. 21. 22. 23. 24. 25. 26. 27. 28. 29. 30. 31. 32. 33. 34. 35. 36. 37. 38. 39. 40. 41. 42. •• EXHI@51T A Filed for Record at Request of: • • • JOHN P. MURRAY • Attorney at Law • 3405 South Altamont Street ■ Spokane, Washington 99223 -4637 • • • • TITLE ORDER NO. Trapsnation DS- 266690 PUBLIC STREET AND UTILITY EASEMENT Page 1 of 3 Pages L-g)V R. E. ef-;'"e T ,.Exempt 9 2003 B O G u JWC lL� COPY _ R YOUR !FO NA a ON 10141 P. MAMMY ATTORNEY AT LAW • • Reference No. (If Applicable): . Additional Ref..No's on Page .. • • Grantor(s): . FOURNIER. Theodore R. Jr. & Lorraine J. Additional Names on Page:.. • • Grantee(s): . City of Spokane Valley Additional Names on Page: _ • • Legal Description (Abbreviated): .A 25' strip of the East 94.2 feet of Tract 34 of OPPORTUNITY. • • . EXCEPT South 446 feet: S-16, T-25N, R-44, EWM • Full Legal Description on Page: . 1 . • Assessor's Property Tax Parcel Account Numbers:. 45161.0620 . • • • i I PUBLIC STREET AND I ' UTILITY EASEMENT THIS EASEMENT, is made and executed this 11 day of September, 2003, by THEODORE R. FOURNIER, JR. and LORRAINE J. FOURNIER, Husband and Wife, as "GRANTORS ", and the CITY OF SPOKANE VALLEY, a Municipal Corporation of the State of Washington, as "CITY" or "GRANTEE", hereinafter jointl referred to as "PARTIES." WHEREAS, GRANTORS are the owners of the following property, hereinafter described; and : AND WHEREAS, the GRANTORS desire to grant and convey an Easement to the CITY for street and other related utility purposes over' and across the following portion of the described property:. A strip of land 25 feet in width, Tying on the South side of and parallel with the center line of said Sinto Avenue, as extended Easterly, over and across the North 25 feet of The East 94.2 feet of Tract Thirty -Four (34) of OPPORTUNITY, as per Plat thereof recorded in Volume °K" of Plats, pages 20 -23, records of Spokane County; JOHN P. MURRAY ATTORNEY AT LAW 3495 SOUTH ALTAMOPIT STREET SPOKANE, WASHINGTON 992234537 - PHONE_• (599) 534-9573 c 0 P Y merkAL FILED RECORDED SEP 2 2003 COON AUDITOR SPOKANE OUNTY WA 6_3 /z. 4//, 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. 16. 17. 18. • 19. 20. 21. 22. 23. 24. 25. 26. 27. 28. 29. 30. 31. 32. 33. 34. 35. - .36. . 37. 38. 39. 40. 41. 42. EXCEPT the South 446 feet thereof; SUBJECT TO Covenants, Conditions, Easements, Restrictions, Reservations and Agreements of Record. PUBLIC STREET AND UTILITY EASEMENT Page 2 of 3 Pages Situate in Section 16', Township 25 North, Range 44, E.W.M., in _ the City of Spokane Valley, County of Spokane, State of Washington.. • • ( "Spol4rie County Asse'ssor's Property tax Parcel Number 45161.0620. ) NOW, THEREFORE, in recognition 'of the mutual benefits derived by the PARTIES and the mutual covenants and purposes herein stated, as well as other' and 'good consideration the receipt of which is acknov,►ledged, the GRANTORS hereby grant and convey to the CITY OF SPOKANE VALLEY, its successors and assigns, for.City street, public and private utility purposes including, but not limited to, the development of street, curb and- sidewalk•plus sewer, water and other utility or franchised services, a perpetual easement in, Over, under, through, and across .the entire 25 foot strip area of the property above described. • ,1THE PARTIES HRETO COVENANT AND AGREE AS FOLLOWS: • 1. No structures or other obstructions shall to erected or placed within . the Easement without the prior written approval of the City Engineer. 2. The improvements constructed within the Easement shall in every respect be public property (or permitted by Franchise) and shall. be available, to serve any property ' abutting, adjacent or near the Easement upon such conditions as the City may establish including'paying all fees or charges. • 3. The City (or Franchisee) shall have the right at all times to enter the Easement forthe of installation, maintenance, repair, removal and. replacement of the improvements or property as deemed necessary.. All .work performed in the Easement shall be done with due care. and, caution returning the Easement area -to the condition in which it was found, reasonable wearand tear excepted: - ' 4. This Grant of Easement shall apply to all interests now owned-of - • hereinafter acquired by GRANTORS'1n the property above described.. . 5. This Easement and the covenants herein shall be binding upon. the GRANTORS, and the GRANTORS' ,successors 'and assigns, .and shall run • With the land benefited by the construction of-the public.improvements or- . facilities and be perpetual in duration. . - . . . • . - JOHN P. MURRAY . ATTORNZY AT LAW 34C5SOUTH ALTAMOI.T STREZT SPDXANE, WASHINGTON °9 n'3.4 ,( 53i PHONE - - (5041 S3 6E73 • 1. 2. 3. 4. 5 5, 6, 7. s , 9. 90. 11. 12 13- 14. 15. 16. 17. 18. 19. 20. 21. 22. 23, 24. 25. 26, 27, 28. 29. 30. 31. 32. 33, 34. 35. 36. 37. l 38 39. 40. 41. 42. 6. GRANTORS will not grant or convey any interest that conflicts with the interest of the CITY, or allow others to obstruct, impair or interfere with the Easement, The CITY may through contract, license, permit or franchise allow use of the Easement for public service purposes. 7. The street and/or utility service lines placed within the Easement shall remain CITY (or Franchisee) property with the CITY retaining authority over the lines(s), meter(s), valve(s) and related appurtenances_ 8. Nothing in this instrument or any action or inaction by the CITY shall create any obligation, on the part of the CITY to pay for any improvements, to provide public utility services, or to pay for any service connections, or installations near or adjacent to the Easement. DATED this 1 1 " day of September, 2003. LORRAINE J, FOURNIER THEODORE R. FOURNIER, Jr. • GRANTORS STATE OF WASHINGTON HINGTON ) ss. County of Spokane ) On this 11 day of September, 20D3, before me, the undersigned, a Notary Public in and for the State of Washington, personally appeared THEODORE R. FOURNIER, Jr. and LORRAINE J. FOURNIER, Husband and Wife, to me known to be the individuals described in and who executed the within and foregoing instrument and acknowledged that they signed and sealed the same as their free and voluntary act and deed for the uses and purposes therein mentioned. GIVEN under my hand and official seat the d NOTARY PUBLIC STATE* CP WASHINGTON JOHN P.UARAY 104lippoWermirit MVP kofitat. EPOS Cereal EGt Euernent9M96 Fournier Slrcok Easement ftevu'd,WPS ,.vReal Est!' EasornontrAn fovrnler Street Escrnerii Raved 'KOS JP.nsy (k2005.72498 PUBLIC STREET AND UTILITY EASEMENT JOHN P. MURRAY N* RV PUBLIC in and for State of r ashington, residing at Spokane Commission Expires: Aug, 28, 2005 - Page 3 of 3 Pages rid year last above written. JOHN P. MURRAY ATTORNEY AT LAW 3045 $CILRH,4LTARONT STREET SPOKANE, WABt{ING10 99$234637 PtIONE; {5Elp ES4-9813 Preston I Gates 'Ellis LLP Mayor Mike DeVleming and City Council Members City of Spokane Valley 11707 F. Sprague Avenue, Suite 106 Spokane Valley, WA 99206 Dear Mayor and Councilmembers: September 19, 2003 Re: Bond Issues and Financing Update A LAW FIRM I A LIMITED LIABILITY PARTNERSHIP INCLUDING OTHER LIMITED LIABILITY ENTITIES Michael C. Ormsby mormsby®prestongates.com Direct Fax Number: (509) 444 -7868 On Tuesday, September 23, 2003 you will be receiving a brief update on both the issues involved in and the status of the financing schedule for the upcoming issuance of Limited Tax General Obligation Bonds (the "Bonds ") by the City of the Spokane Valley (the "City"). In advance of the meeting, I wanted to provide you with an update on the issues that we are working through on the recently updated schedule for the financing. We have been successful in scheduling a meeting with Dr. Gary Livingston of the Community Colleges of Spokane (the "Colleges ") for Tuesday, September 30, 2003 to discuss the relationship between the Colleges and the City on leasing space in the Facility. We are hopeful an outline ofa proposal that includes specific commitments by the College will result from the meeting. We are also working with Mike Jackson and Nina Regor on other space utilization and allocation issues. We understand that City staff is reviewing other capital needs of the City that could be included in this issue of Bonds. With interest costs at near historic lows and this bond issue already scheduled, it makes sense to consider any additions at this time. The lnterlocal Agreernent with the Public Facilities District ( "PFD ") and with the County do not forbid us from additional issuance, but does provide that the only portion of the Bonds for which we can expect reimbursement from Regional Project Tax Revenues is the portion of the Bonds ($7,000,00) for the Facility. We can work with Scan K.eatts to have a separate debt service schedule run for the portion of the Bonds allocated to the Facility, which will be the portion for which we receive reimbursement payments from the PFD. 601 WEST RIVERSIDE AVENUE SUITE 1400 SPOKANE, WA 99201.0628 TEL: (509) 624.2100 FAX: (509} 456.0146 www.prestongatos.com Anchorage Coeur d'Alene Hong Kong Orange County Portland San Francisco Seattle Spokane 'Washington, DC September 19, 2003 Page 2 Preparation of Bond documents and the Preliminary Official Statement ( "POS ") have moved forward as well. We had a Financing Team meeting (involving City Staff, Sean Keatts and myself) on Friday, September 12, 2003. At that meeting, we reviewed and discussed very rough drafts of documents, identified issues that would need to be addressed in presentations to the rating agencies and insurance companies and discussed the financing schedule. Our office is preparing the bond documents and the POS and have been receiving information from City staff and from Mr. Keatts. We hope to have the next draft of the POS out next Tuesday (the date of the Council meeting) and will want to provide you the opportunity to provide input before the POS is finalized. Sean is currently working on scheduling the trip to visit the rating agencies and insurance companies during the week of October 13, 2003. The schedule still calls for the sale of Bonds sometime during the last week of October. To meet this schedule, the presentation of the Ordinance for first reading will need to be on October 14, 2003, with the second reading and adoption scheduled for October 28, 2003. We hope to have a Bond Ordinance to you in advance of the October 14` meeting so that you have the opportunity to raise any questions or concerns in advance of the first reading. I plan to attend the September 23 meeting and will be prepared to discuss the proposed transaction. Thank you again for letting us be a part of this Project. Best wishes to all of you for a relaxing weekend. MC0:ana Cc: David M.ercier Nina Regor Ken Thompson Mike Jackson Stan Schwartz x: .29Srn Very truly yours, PRESTON GATES & ELLIS LLP By Michael C. Ormsby August 29, 2003 M.r. David Mercier City Manager City of Spokane Valley 11707 E. Sprague Avenue Spokane Valley, WA 99206 Dear Mr. Mercier, Please accept this letter as a formal request for City of Spokane Valley funding for the calendar year 2004 in the amount of $35,000. The International Trade Alliance is a regional non -profit organization established in 1996 to assist small to medium sized businesses in expanding overseas. We have always been a public- private partnership supporting the various companies throughout our region. The City of Spokane invests $57,000, Spokane County invests $50,000 and Washington State invests $50,000. Our membership base accounts for approximately $24,000. Many of our members and participating companies come from the area now served by the new City of Spokane Valley. In order to continue the work of expanding international trade within the boundaries of the new city it is imperative that we receive your support as well. The financial health of the Valley is largely tied to the international business community. A number of our members and clients are companies located in the Valley boundaries. Just a few include Kim Hotstart, Strategic Global Development, Inland Empire Distribution Systems, ltron, Wagstaff, Sterling International, Scafco, Econo Heat, Knipprath Cellars, and Freight Management Resources. The Valley has also evolved into an important location for businesses which ship their products or import parts from overseas. The 1TA provided vital support for the recent Foreign Trade Zone (FTZ) boundary modification which enabled inland Empire Distribution Systems (ILDS) to add over 320,000 square feet to the FTZ located within the Spokane Business and Industrial Park. This allows TEDS customers to defer or reduce Customs duties while the product is in storage prior to its entry into the commerce of the United States. IFDS was also approved to serve as a U.S. Customs Bonded Container Freight Station to serve the SpokanelCoe.ur d'Alene. area. The economic reasons for supporting international trade in your city are simple: exports create new wealth by bringing new money into our region. The International Trade Alliance connects businesses with global markets. We continue to lead the way to better global awareness and greater trade opportunities for our region. Through our various programs we convey specific knowledge on "how" to function on a global level. And then we work to assist businesses in applying this knowledge. Last year we serviced over 100 companies and had over 300 attendees at our seminars. ITA partners with a worldwide network of other trade assistance programs Our network reaches around the globe and we save businesses time and effort by connecting them quickly with the resources they need. The contribution of international trade to the Spokane Region is easily seen: • Foreign purchases of area goods and services pumps approximately $2.4 billion into the region's economy each year, and sustains employment (directly and indirectly) for an estimated 46,000 people. • The region enjoys a per- capita export rate estimated at over $500 higher than the US average. • For every Spokane -area job directly related to producing exported goods or services, another 2.6 indirect jobs are created locally. We know that keeping our local economy strong is a real challenge. The highly competitive global economy that has emerged in recent years places new demands on local economies and leaders. Today, trade development should be a full-fledged discipline in any economic development plan. in order to sustain the work we are doing in the City of Spokane Valley, it is important that the new city become a stakeholder as well. Please know that your support is most essential and appreciated. We welcome the opportunity to sit down with the City Council to discuss how our partnership can help Spokane Valley develop strategies for economic success. Please don't hesitate to contact me if you have any questions. Sincerely, Roberta A. Brooke Executive Director Status Summary More and more, the Spokane region is recognizing the importance of embracing international business and globalization. The vitality of our economy demands that we recognize the consumers outside our borders. And as community and business leaders alike work toward greater international understanding and interaction, they have a partner in the International Trade Alliance. We are the premier organization for facilitation international events. Because of our numerous contacts and experience, we are the go-to organization for international events. Whether it is incoming dignitaries or outgoing exports, we bring connectivity to the global market to our region. The International Trade Alliance continues to grow each year in its reach and services. Continued funding from our major stakeholders is absolutely imperative as we continue to promote the economic development of the Spokane region though international trade. We were pleased and proud to have our state funding reinstated by the legislature, following its removal from the Governor's initial budget. Republicans and Democrats from both sides of the state recognized the important job that the International Trade Alliance is doing and voted to continue funding for the biennium. The value of the International Trade Alliance is in our local focus. There are no other non - profit intemational trade organizations in the region. We are here to serve our community by increasing awareness and ability to do intemational trade. Progress Trade Assists One of the core programs of the ITA is our Trade Assistance Help Desk. It is a practical, helpful tool that allows us to address the problems or concerns that apply specifically to a company. Our help desk continues to field numerous calls every month. We field questions on myriad topics, including Incoterms, duties, protocol, market entry strategy, joint ventures, Certificates of Origin, and more. Those countries which we receive assistance requests for the most are Canada, Japan and China. Seminars We were especially pleased with the quality of the seminars this past year. We are continuing to provide educational opportunities with an emphasis on practicality and value for the client. Our partners in seminars in the past year have been exceptionally qualified and knowledgeable. Routine seminar evaluation forms give us feedback regarding the value of the seminar to the attendee as well as ideas for future programs. These evaluations have indicated that companies in Spokane need introductory information on many levels of the intricacies of international trade, but are also anxious for more detailed information. We address both of these needs by offering seminars that appeal to both the novice and expert exporter. January 21, 2003 — Trade Show Secrets to Success Executive Director of the Washington State International Trade Fair (WSITF) Teri Silvestri was present to discuss the services her organization offers to businesses through the state that show their products in international trade shows. Also speaking was Robert Boyd, president of Envi Design in Seattle, WA. Robert discussed a myriad topics including: trade show promotion, booth design, qualifying leads, staffing needs, and much more. February 4, 2003 — China Education Market Briefing Department of Commerce Foreign Commercial Service representative Maggie Qiu delivered, via conference call, a presentation on the latest trends in China's Education Market. Topics regarding China's educational trends included: General Situation, Opportunities, Challenges, Degree /non degree, Visa Situation, What the Commercial Service can do for you. February 18, 2003 — Shipping Your Product' Getting Your Product Overseas Easier A number of representatives from various sections of FedEx presented this seminar. Topics included: What and How to discuss with your international carrier, Forwarder vs Integrated carrier, How to get a landed cost for your international shipments, Duties and Taxes estimator, Documents: What do I need? When do I use them? For which country?, LTL Documentation Assistance, Proactive clearance information, and SED filing. This informative and valuable educational seminar was a must for any business that ships their product overseas. March 12, 2003 — Connecting With Chile Videoconference The ITA and Spokane U.S. Export Assistance Center coordinated a videoconference with the Commercial Service office in Santiago, Chile. Nine local businesses participated in this unique opportunity to speak face -to -face with Commercial Service officers from across the globe. The presentation focused on opportunities for local businesses in Chile, the changes the FTA will bring, and allowed participants to ask specific questions regarding their industry sector. The videoconference generated great dialogue and several of the companies have been in contact with the Chile office following the event. March 31, 2003 — Trade Week The ITA hosted Washington State's International Trade Division (ITD) staff in Spokane as part of their Trade Week 2003. Businesses had the opportunity to meet with local and foreign staff with expertise specifically in the Canadian, Chinese, European, Japanese, Korean, Mexican and Taiwan markets, along with export financing issues. In addition to one - on-one meetings, businesses participated in a luncheon with the staff of the ITD to learn more about their services. May 13, 2003 — U.S. and Global Immigration Basics This seminar was designed to provide a solid foundation on basic U.S. immigration and global immigration law for corporate managers, human resource professionals, recruiters and others inside a company that employs or would like to employ (Le., sponsor) foreign workers for working visas and/or green cards; or who wish to expand their business overseas. The specific agenda topics were presented along with a question and answer session on these and other areas of immigration law, May 20, 2003 — Exporting 101 International sales differ substantially from domestic sales and your international business plan should reflect that. James Hellwig, Director of the Boise Export Assistance Center discussed the components of international trade that businesses should consider if they are close to exporting. Mr. Hellwig outlined the important steps that all beginning exporters should consider. Topics discussed were the Export Process, Direct and Indirect Exporting, Altemative Market Entry Strategies, Practical Considerations of Managing Market Strategy, Marketing Resources, and Five Steps in Your First Export Venture. July 1, 2003 - International Documentation Assistance & Estimating Taxes and Duties In partnership with FedEx, we hosted an international documentation seminar. The seminar was held at Productivity Point so that attendees could have direct access to computers during the training. The seminar focused on FedEx's online documentation tools and an explanation of their uses. July 25, 2003 — An Evening with Governor Toshizo !do We were honored to host Governor Toshizo Ido of the Hyogo Prefecture, Japan. Governor Ido came to Spokane along with a high -level delegation of six others. The purpose of the visit was to explore how Spokane and Kobe can partner on air cargo expansion at both airports. Todd Woodard of the Spokane Airport and a representative from the Kobe airport gave educational presentations about their facilities. Businesses visited We work to increase knowledge about opportunities and impacts of international trade. One way we accomplish that is by meeting one -on -one with local organizations and companies. In the last seven months, Executive Director Roberta A. Brooke has participated in 38 business visits. Membership The ITA currently has 64 organizations/businesses within its membership. This is an increase of 25% over the last two years. New members of the ITA as of January 2003 are: Advanced Input Devices, Avista, Steelhead Specialty Products, Thompson, Immigration Law Associates, Washington Manufacturing Association, Mother Earth Resource Industries, Precisely Put, Foundation for Russian - American Economic Cooperation, KSBN MoneyTalk Radio, and the Spokane Convention and Visitor's Bureau. Partnerships The Help Desk serves as an information clearinghouse. We pride ourselves on connecting companies with the right resource for their needs. When they contact us, they're tapping into a tremendous networks of resources that includes many trade organizations at the local, state, national, and global level. The International Trade Alliance is the only local organization that can provide businesses with global knowledge, connections and expertise. We are proud to work with these distinguished organizations: • U.S. Export Assistance Center of Spokane • Washington State Office of Trade and Economic Development • U.S. Department of Commerce • Washington Council on International Trade • Export Finance Assistance Center of Washington • U.S. Chamber of Commerce • \Aiashington State International Trade Fair • Greater Seattle Trade Development Alliance • Small Business Administration • Office of the Canadian Consulate General • Hyogo Business and Culture Center • Export- Import Bank of the United States Survey Annually the International Trade Alliance conducts an exhaustive survey to determine which businesses in our region are conducting trade internationally. The survey is completed during the summer months. The ITA has employed two interns this summer to complete the project. As of July 31, 2003, the callers had gathered information from 200 companies. The results of this survey then make up our Trade Directory, This impressive listing includes businesses from major industry sectors including manufacturing, service, high - technology, and agriculture. The Directory also includes a thorough description and review of the business environment in Spokane, with special emphasis on the technology, infrastructure, workforce, cost of business, and quality of life available in this region. Speaking engagements Speaking engagements are a vital part of our public awareness efforts. ITA the opportunity to speak with groups of people we otherwise would opportunity to explain to non - exporters why they too should care about Some of the groups Executive Director Brooke has given presentations • Leadership Spokane — Program Board of Directors • Deer Park Chamber of Commerce • Spokane — Hillyard Rotary • Spokane — North Rotary • Economic Development Council Trade Rally • Gonzaga University — World of Business class • Spokane — Valley Rotary • Eastem Washington University — International Affairs Club • Spokane Valley Chamber of Commerce — Public Policy Committee These presentations give the likely not meet. It is a great a free trade environment. to are: Foreign Trade Zone The board of directors of the ITA, in partnership with the Spokane International Airport, has been actively working to promote and increase knowledge of Spokane's Foreign Trade Zone though our Foreign Trade Zone Committee. In late 2002, the Department of Commerce's Foreign -Trade Zones Board approved a minor boundary modification to Foreign -Trade Zone 224. The change extended 324,220 square feet within the Spokane Business and Industrial Park as part of Spokane Airports' general- purpose site. The modification will allow Inland Empire Distribution Systems (IEDS), a prospective zone operator, to offer general - purpose zone warehousing services. IEDS will serve as the operator and user of the zone that resides in the Spokane Business and Industrial Park site. IEDS has begun the administrative process and should have the zone activated by the middle part of the second quarter of 2003. Todd Woodard, Director of Marketing and Public Relations for the Spokane International Airport, emphasized the importance of the partnership in the development of the FTZ, "lire worked collaboratively with the International Trade Alliance to seek the approval of the Minor Boundary Modification. Having their support and the access to their extensive membership will ensure the success of this valuable community program," Woodard said. Distribution Center On July 1st, we hosted an executive luncheon featuring speaker Mr. Pat tittle, Air Freight Ground Services Manager for FedEx in Colorado. Pat spoke to the 60 attendees of Spokane's potential as a distribution center, including discussion of the global trends and regional requirements. The International Trade Alliance continues to work at facilitating discussions such as these which open dialogue on international cargo and trade expansion. Spokane /Kobe Airport Expansion Governor Toshizo Ido's visit as well as meetings with others from his delegation has opened up discussions on how Spokane and Kobe can partner on air cargo expansion at both airports. We continue to work with the Hyogo Business and Cultural Center based out of Seattle on this potential partnership. International Student Business Network Together with the Spokane Mayor's office, higher education institutes and other key organizations and companies, the ITA is working on a project to determine ways to enhance international student programs, increase the quantity of students, create opportunities for students to interact with the community, and generate a bank of available intemships. This initiative recognizes the numerous assets international students bring to the community and aims to ensure this community can improve and enhance its relationships with foreign students. The group has divided into focus groups and is preparing to reconvene Sept 25th. Trade Directory The 2003 International Trade Directory was published this year in partnership with the Journal of Business and was distributed to their circulation base of 66,000. In addition, the directory was mailed to consulates, embassies, and businesses worldwide. Members of the International Trade Alliance took copies as they traveled globally, helping spread the word about the outstanding opportunities that exist within our region. The directory was also used as a handout at all of our monthly seminars and trade events throughout the year. The distribution of the directory was strategic and extensive and served to promote Spokane as an international city and our businesses as potential business partners. KSBN Radio The ITA, in partnership with KSBN Radio —1230 AM, is hosting a series of weekly talk shows about international trade in the Inland Northwest. Trade Talk is a half -hour, interview -style radio show where businesses have the opportunity to tell their intemational stories and viewers can leam about global business straight from the people who are doing it. The program airs each Monday from 4:30 p.m. to 5:00 p.m. Executive Director Brooke serves as host of the program, conducting the interview and providing structure to the process. Each show features a successful and recognized international business. It is a terrific way to increase awareness and knowledge of the international opportunities for local businesses. Edmonton Delegation /Calgary Trade Mission On May 9th, in coordination with the Chamber board, we hosted a luncheon for the high -level delegation from Edmonton, Alberta. The delegation, which included the Mayor of Edmonton was in town on invitation from KSPS Public Television. The delegation gave a brief presentation during the luncheon and Mayor Bill Smith made it clear that he is very interested in expanding trade between our regions. Following the luncheon, board members Todd Woodard (Spokane International Airport) and Matt Gerber (Itronix) gave presentations to the delegation. Based on the success of the Mayor's delegation to Spokane and the valuable contacts ITA representatives made while at the annual PNWER (Pacific North West Economic Region) conference in Calgary, we collaborated with several local organizations to plan a return mission this fall to Calgary and another in the spring to Edmonton. ITA's Committee Canada joined with the Spokane Convention and Visitor's Bureau, Spokane Regional Sports Commission, and KSPS — Friends of 7 to take a group of 40 tourism industry representatives to Calgary for four days, from September 3rd — 7th. With a much stronger Canadian dollar and greatly improved buying power, Inland Northwest travel partners are eager to provide opportunities for this growing, and returning, Canadian market. The sales mission included a business session with travel trade, a consumer show, and sponsorship of one of Canada's premiere events: The Master's Horse Jumping Tournament at Spruce Meadows. The trip was a tremendous success and was a tribute to the value of collaboration in our region. Pacific NorthWest Economic Region ( PNWER) Board Members Jan Romerdahl and Kim Pearman - Gillman and ITA Executive Director Roberta Brooke attended this year's PNWER annual conference held at Calgary. Also attending from Spokane were John Brewer, President and General Manager of the Spokane Regional CVB and Dave Bauermeister, Director of Ag and Natural Resources Department for the Spokane Regional Chamber. PNWER brings together public and private representatives to discuss those issues most pertinent to the Pacific Northwest region and U.S. - Canada trade in particular. Jan, who is the PNWER private sector co- chair, moderated a session on Infrastructure Finance at the event. Kim and Roberta attended several of the important breakout sessions. It was a very valuable event, which led to several terrific contacts, many of which are being utilized to assist with the Tourist Trade Mission to Calgary. Deliverables A. Client Profiles and Lists • Profiles collected as of July 31, 2002: approx. 200 B. Referrals and Clearinghouse • Trade Assists: 108 C. Trade Seminars • Number of seminars completed: 9 • Number of seminar attendees: 135 D. Trade Promotion • Speaking engagements completed: 26 801 W. RIVERSIDE SUITE 302 SPOKANE WASHINGTON ' 'poi -0901 (509) 624 -9285 FAX (509)624 -3759 S P O K A N E A K E A E C O N O M I C D E V E L O P M E N T C O U N C I L . , September 17, 2003 Mayor and City Council City of Spokane Valley 11707 E. Sprague Avenue Spokane Valley, WA 99206 Honorable Mayor and City Council: The Spokane Area Economic Development Council is submitting this formal request for financial support in the amount of $100,000 during the 2004 calendar year. Established in 1974, the Spokane Area EDC has evolved into a regionally focused, public/private partnership providing leadership to attract, create and retain quality jobs for the residents of this region. As a not - for - profit organization, approximately 50% of our funding comes from the business community and 50% comes from public funds, including Spokane County, City of Liberty Lake, City of Medical Lake, City of Spokane, and the State of Washington. Financial support from the City of Spokane Valley will formalize a partnership we have enjoyed building over the course of the last few months. It will also be pro - actively responsive to a desire expressed by the Spokane Valley's business community in a recent survey completed by the Spokane Valley Chamber of Commerce. In this survey, there were more agree or strongly agree responses to the statement "Economic development is vital to the continued growth and sustainability of the Inland Northwest" than any of the other 14 questions on the survey. Over the past 29 years, the Spokane Area EDC has successfully recruited in excess of 150 companies to this region, resulting in more than 15,000 jobs being created. We have supplied each Council member with a list of 43 companies who have selected Spokane Valley sites, ranging from Apollo College to CXT, from EDMO Distributors to GSI Outdoors, and from BECU to White Safety Line. The most recent company to locate in the City of Spokane Valley is Extreme Machines, with a projected 140 employees when frilly operational. To demonstrate economic impact let's look at two examples: Lincare established a medical billing office and hired 70 employees, while ICT Group has hired in excess of 500 employees to staff a customer contact center, servicing customers of America On- Line and Virgin Mobile. We have been able to determine that the average annual salary for these 570 jobs is $31,000 or an average annual payroll of $17,670,000. This impact rises substantially when you include such other factors as sales taxes generated by new payrolls, new property taxes generated by both commercial property and home ownership and the expense of social services avoided by the provision of family wage jobs. In addition to attracting quality jobs, the Spokane Area EDC is focusing on growth and expansion of existing companies and on economic development coordination. Since w w w s p o k a n e d c . o r g Mayor and City Council City of Spokane Valley Page 2 January 1 this year, we have had 125 personal visits with local/regional employers. Our goal is to help them find the necessary resources that will assist them in growth and expansion. As a result, the Spokane Area EDC has identified some 10 projects that have resulted in on -going consultation and collaboration. Three of these projects involve major employers in the City of the Spokane Valley — one company is working on constructing an entire new facility that will necessitate expanding their current workforce of 300; the second involves the consolidation of overseas operations into an existing facility increasing their level of employment by just over 60; and the third is a high -tech electronics manufacturing company with in need of financing assistance. Under the coordination of the Spokane Area EDC, the Growth and Retention Advisory Committee meets monthly to share information and coordinate resources. The Committee is composed of 37 public and private entities that have resources available to assist local businesses — such as the Small Business Administration, Workforce Development Council, Spokane Valley Chamber of Commerce; Community Colleges Workforce Training Program and International Trade Alliance. A second example of coordination is the Comprehensive Economic Development Strategy (CEDS) Oversight Committee, composed of 50 community volunteers representing 44 organizations and agencies. The Spokane Area EDC formed the Oversight Committee when Spokane County became eligible for federal funding from the Economic Development Administration (EDA) in 2002. The Committee's purpose is to create a economic development strategy embraced by the community and utilize this CEDS to apply for available EDA funding. A few of the initiatives identified in the CEDS document that could benefit from federal funding include: small business incubation facilities and programs; SrRTT Wet -lab expansion; a small business revolving loan fund; bridging the valley; a regional workforce development center at Mirabeau Point; Geiger Spur rail improvement; regional water quality; and a host of other projects. The Spokane Area EDC Board of Trustees has refined the organization's focus for maximum regional benefit and created our General Work Plan, a copy of which has been attached. This Work Plan includes the key strategies of business recruitment, economic growth, and continued long term funding to support economic expansion in our region. Specific measurable tactics have been identified in each of these strategic areas, as you will see in reviewing the General Work Plan. In addition to utilizing the financial support provided by the City of Spokane Valley to accomplish these tactics, the Spokane Area EDC will be working to strengthen our Mayor and City Council City of Spokane Valley Page 3 partnership by interacting with City Council members and the City professional staff to do everything possible in attracting, creating and retaining quality jobs for the residents of this region. It is a fact that successful economic development activities are carried out through partnerships involving governmental entities, local business groups such as Chambers of Commerce, and regionally focused organizations, such as the Spokane Area Economic Development Council. We are asking the City of Spokane Valley to support our request for $100,000 of financial support based upon a desire to create an economic development partnership, recognition of a continuing need, identified measurable tactics, and a proven record of the Spokane Area EDC to produce desired outcomes. Thank you for your consideration and for your support for economic development in the region. Sincerely, 4 Lane Guin, Chair Board of Trustees Spokane Area Economic Development Council 0- Spokane Area Economic Development Council General Work Plan Who we are... The Spokane Area Economic Development Council is the centralized coordinator of economic development leadership and services in the region. What we are doing... It is our ultimate mission to provide leadership to attract, create and retain quality jobs for the residents of the region. How we are doing it... Current Priorities: • Recruitment of targeted employers to the region; • To promote the Growth and Expansion of existing employers: • Coordination of area economic development planning and initiatives, and; • Secure Funding sufficient to support the economic development objectives of the region. Job Recruitment Objectives: • Identify and recruit specific targeted industries and businesses.which will provide the greatest level of economic benefit to the residents of the region. • Implement a targeted business recruitment strategy. • Implement communication and marketing strategies for targeted industries, companies and site selectors. Spokane Area EDC General Work Plan Page 2. Job Growth & Expansion Objectives: • Focus on the identification of local /regional employers and target efforts designed to retain and grow these firms in the area. • Target local companies to insure they are aware of resources available to support growth. • Secure and maintain Community Empowerment Zone program utilization at a level highest among all zones in the State of Washington. Economic Development Coordination Objectives: • Aggressively participate in the implementation of a regional strategy to foster an Innovation Economy as a primary economic development objective. • Serve as a liaison between businesses and government/agencies as necessary, and as a clearinghouse for project administration. • Ensure a maximum level of agency and organization coordination in support of the Comprehensive Economic Development Strategy. • Regularly publish and disseminate key economic indicators. Funding Objectives: • Create a consistent and diverse source of funding to support economic expansion in our region. Spokane Area EDC Tactical Work Plan Page 3 Tactical Work Plan Job Recruitment Objective: Tactic: Utilize the resources of local institutions of higher education to research and redefine specific industry targets for support and recruitment to the region. Tactic: Meet with 20 Site Selection Consultants in Chicago, LA, Atlanta and the Seattle area during 2003 to increase awareness of the potential of the Spokane area. Tactic: Conduct two Site Selection Consultants "familiarization tours" bringing leading consultants to the area for the purpose of becoming more familiar with the potential of the Spokane area and to make favorable business and quality of life impressions. Tactic: Participate in 6 targeted industry trade shows to generate interest and leads from those exhibiting and attending. Tactic: Conduct 6 sales missions to prospective firms to secure commitment to invest in the Spokane area. Tactic: Continue Site Selection Consultants communications campaign of monthly newsletters to provide timely information on the Spokane area and generate leads. Tactic: Send personalized prospect packets to 350 targeted firms, in groups of 10, followed by personal contact to confirm appointment. Tactic: Develop and implement a targeted communications campaign focused on selected companies of over 1,000 employees that have strong needs for customer support, technical support, data processing, or client relations (Back -office targets). Spokane Area EDC Tactical Work Plan Page 4 Job Growth and Expansion Objectives: Tactic: Expand the function of the Job Growth and Retention Advisory Council (GRAC) to include consolidated service promotion (marketing); to maintain inventory of economic development resources, and coordinate referrals. Tactic: Coordinate the ownership transference, relocation and retention of the Geiger Rail Spur in the West Plains leading to the continuation of service to rail dependant employers and the expansion of development potential in the West Plains. Tactic: Directly meet with at least 250 local employers to provide and ensure them a high level of community support. Tactic: Develop and send a series of 4 direct mail pieces to targeted local businesses to express support for their continued operations, and to provide information on available resources for business and employment growth. Tactic: Produce and distribute a monthly electronic newsletter to targeted area businesses to provide timely information on services available to assist in business growth. Tactic: Make personal presentations to at least 10 area business clubs or organizations to brief them on efforts and resources to support business growth. Tactic: Produce and implement a plan to utilize in -kind local media to communicate advantages and resources available for business growth in the region. Economic Development Coordination Objective: Tactic: Review and update the Spokane County Comprehensive Economic Development Strategy (CEDS). Solicit and prioritize projects for submission to EDA and other funding sources. Spokane Area EDC Tactical Work Plan Page 5 Tactic: Actively support high priority projects identified for funding in the Comprehensive Economic Development Strategy to the regional office of the Economic Development Administration and congressional offices. Tactic: Publish economic and employment trend data on a quarterly basis and disseminate through inclusion in the Insider electronic newsletter, and by posting on the EDC web site. Tactic: Partner with INTEC and SIRTI on adoption of a regional collaborative strategy to support the creation of an hmovation Economy, including implementation of the "Connect" model. Tactic: In cooperation with the Spokane Area Workforce Development Council, complete an analysis to refine and identify the strengths and skills in the regional labor market. Funding Objective: Tactic: Continuation and support of Joint Permanent Funding Taskforce in its pursuit of long term funding for economic expansion. Tactic: Evaluate and modify current dues structure with the intent to substantially grow private investment in the EDC. Tactic: Maintain public funding from Spokane County and County municipalities at current levels. _SEP -19 -03 FRI 09 :54 AM EDC Footnotes: Spokane Area Economic Development Council Public Partner :investment Support FAX NO. 509 624 3759 P. 02 Public Partner 2001 2002 2003 2004* Washington State (CTED) $20,000 $2Q000 $20,000 $20,000 Spokane County ** $300,000 $300,000 $300,000 $200,000 - $300,000 City of Spokane ** $85,500 $100,000 $95,000 $95,000 City of Liberty Lake*** $543 $1,226 City of Medical Lake $580 $580 $580 $580 City of Spokane Valley $100,000 * Requests for funding from Public Partners are currently pending. * Funding received by the Spokane Area F;DC is only a portion of the total economic development budgets of both Spokane County and the City of Spokane. Spokane County funds economic development initiatives in excess of $600,000 and the City of Spokane funds similar initiatives in excess of $225,000. * ** Discussions are pending with City staff and elected officials. EDC 2003 Revenue Contracts $95,770 Special Events, $82,240 g. Public Investors, $415, 000 Interest, $2,517 Partner , investors, $322,798 Total Revenue: $918,325 CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: September 23, 2003 City Manager Sign -off: Item: Check all that apply: ❑ consent x old business ❑ new business ❑ public hearing ❑ information ❑ admin. report ❑ pending legislation AGENDA ITEM TITLE: Public Participation Program GOVERNING LEGISLATION: RCW 36,70A - Growth Management Act PREVIOUS COUNCIL ACTION TAKEN: Action was deferred pending recommendation from the Planning Commission. BACKGROUND: A Public Participation Program is a necessary first step in initiating the City's Comprehensive Plan. 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. The proposed Public Participation Program is aligned with the recommendations enumerated in WAC 365-196 .-600(2) including visioning, the role of the Planning Commission, public meetings and hearings, notice, solicitation of written comments and the means of communication to be utilized in soliciting citizen comment. The Planning Commission recommended approval on Seotember11, 2003, by a vote of 6- 0. RECOMMENDED ACTION OR MOTION: Approval. BUDGET /FINANCIAL IMPACTS: N/A STAFF CONTACT: Marina Sukup, AICP, Community Development Director S kan � e '` jUalley COMPREHENSIVE PLAN Public Participation Program draft RCW 36.70A.140 of the Washington Growth Management Act requires that each city "establish and broadly disseminate to the public a public participation program ... for early and continuous public participation in the development" of the city's Comprehensive Plan. Consistent with the recommendations of the GMA which emphasize the involvement of the broadest cross - section of the community, including the involvement of groups not previously involved, the City of Spokane Valley adopts the following program for citizen participation in the planning process: 1. Visioning Process — This process provides Spokane Valley citizens an opportunity to establish a framework and context upon which the comprehensive plan will be based. Planning Commission meetings will provide the forum for the initial community visioning process. A draft "Vision" will be tested for consistency during the development of the Plan as the community identifies priorities and implementation strategies and updated accordingly. The ultimate "Vision" will be established at the conclusion of the planning process as a result of community participation. 2. Planning Commission. The Planning Commission will play a key role in establishing the City's dialogue with community members, hosting a series of meetings and workshops during the development of the Plan. The Planning Commission will evaluate information provided by the community and develop recommendations for submission to the City Council. 3. Citizen Survey — The City will conduct a statistically valid survey of the citizens of Spokane Valley. Survey questions will address specific issues of the comprehensive plan that will provide city staff, planning commission and city council with meaningful input for development of the comprehensive plan. 4. Public Meetings. Conduct a series of public meetings hosted by the Planning Commission on the preliminary draft comprehensive plan. This ensures that the City will meet the requirement for "early and continuous" public participation in the comprehensive planning process. 5. Public hearings. A series of Public Hearings (not Tess than three) will be held before the Planning Commission to discuss the draft Plan. It is anticipated that at least two public hearings will be held by the governing body prior to adoption of the Plan. An additional public hearing will be held if substantive changes are made to the Plan document. 6. Public notice. The City will provide notice of all meetings and hearings pursuant to the requirements of RCW 36.70A.020, .035, and .140. 8/13/2003 1 draft 7. Written Comment. The public will be invited to submit written comments as each element of the Plan is developed, as part of any workshops or community meetings, Comments will be specifically solicited from residents, special interest organizations and business interests_ Comments may be in the form of letters and other correspondence to the city regarding the plan or comments received electronically on the city's website. Log in all written comments received according to specific area of comprehensive plan. 8. Communications Programs & Informational Services — As staff and budgetary resources allow, the activities will be undertaken to ensure broad - based citizen participation: a Comprehensive Plan newsletter — updating the community on planned meetings, workshops or other significant comprehensive plan events. Articles on topics related to the plan and a request for feedback from the community on topics related to the plan. The newsletter will be disseminated via the city's website, ernailed to a mailing list and/or provided in paper copy as appropriate. b. Interest Groups — Contact local interest groups (i,e. Chamber of Commerce, home builders, environmental, neighborhoods, etc.) and arrange to meet and discuss relevant comprehensive plan issues. c, Community Workshops — Conduct community workshops hosted by the Planning Commission in different parts of the city to encourage neighborhood participation in the development of the comprehensive plan. These meetings will be held at neighborhood schools, churches or other community facilities. d. Press Releases & Public Service Announcements — Work with the local newspapers, radio stations and televisions stations to advertise and promote significant events related to the comprehensive plan. e. Provide written articles to local media for publication. f. Establish a Speaker's Bureau through the Planning Commission which will be available to address service clubs and interested citizen groups. g. Develop a database of interested citizens and provide regular correspondence concerning the status of Plan development. h. Identify key resource personnel representing agencies and groups whose plans will be integrated into the Comprehensive Plan, including but not limited to fire districts, utilities, libraries and school districts. i. Maintain a log of all public participation meetings, events and actions that the city engages in to provide documentation on the city's effort to meet the requirements of the Giv1A. ell 3!2003 2 OLYMPIA -- Secretary of State Sam Reed announced today that Initiative 841 has sufficient valid signatures to qualify for a spot on the statewide ballot in November. According to elections officals, a check of petition signatures submitted In support of the proposal has shown that the measure meets constitutional requirements for a minimum of 197,734 valid voter signatures. The measure will appear on the Nov. 4 General Election ballot. The official ballot summary on Initiative 841 reads, "This measure would declare that the state's ergonomics regulations, promulgated by the Department of Labor and Industries, are immediately repealed. The measure would specifically include those rules adopted by the Department of Labor and Industries on May 26, 2000, codified as WAC 296 -62 -05101 through 296 -62- 05176. Further, the department would be directed not to adopt any new regulations relating to ergonomics unless it becomes necessary for the state to meet a uniform federal standard. Sponsors of 1 -841 submitted a total of 258,411 petition signatures to the Secretary of State. Election officials determined that the petition contained 206,608 valid signatures — 8,874 more than the required minimum. Signatures are invalid if the signer is not a registered voter or if he or she signed more than once. The petition was checked using the "random sample" process authorized by state law. Under the process, a statistically valid percentage of the signatures are selected at random and checked against voter registration records. A mathematical formula is then applied to the results to obtain a projected rate of invalidation. Washington Secretary of State - Newsroom Page 1 of 1 NEWS RELEASE Issued: August 06, 2003 Initiative 841 qualifies to ballot Election officials examined 12,666 signatures (a 4.9 percent sample) on I -841. From that inspection, it was determined that the measure had an invalidation rate 20.05 percent. -30- You can find this information at: http://secstate.wa.gov/office/news.aspx?news_id=208 http: / /www.secstate.wa.gov /pri nt. aspx ?url= http: / /secstatc.wa.gov/ office /news.aspx ?news_id =2... 9/17/2003 Washington Secretary of Stale - Elections Sz Voting Initiative 8 .41 Filed: 01/29/2003 Sponsor Randy M. Gold 1918 Pensione Place Wenatchee , 4VA 98801 (509) 663-4946 Full Text: WTML l PDF Ballot Title Initiative 'Measure No. 841 concerns the repeal and future limitation of ergonomics regulations. This measure would repeal existing state ergonomics regulations and would direct the department of labor and industries not to adopt new ergonomics regulations unless a uniform federal standard Is required. Should this measure be enacted into law? Yes[ ] No{ Ballot Measure Summary This measure would declare that We state's ergonomics regulations, promulgated by the department of labor and Industries, are immediately repealed. The measure would specifically include those rules adopted by the department of labor and industries on May 26, 2000, codified as ViWAAC 296 -62 -05101 through 296 -62- 05176, Further, the department would be directed not to adopt any new regulations relating to ergonomics unless it becomes necessary for the state to meet a uniform federal standard, 'age t of Washington Secretary of State - Elections & Voting Elections Menu Elections Home RegLster to Vote Candidate Fillnas 2003 Ballot 004 Ballot F.,,lection Reform Vors,r. Registration Initiativ Seeking Office Finance Disclosure More Information Contacts Previous Elections Election Law Cification & Training UQ00.93.Yste ms Othex Resources The text of this document is an accurate copy of what was filed by the initiative proponent with the Secretary of State for Main Menu assignment of a serial number. The accuracy of code in amendatory sections has not been verified. Home Page Address Confidentiality Apostilles Archives • Charities Contact Us Corporations —; Digital Signatures Elections & Voting International Trade Library Medals of Merit & Valor News Releases Oral History Productivity Board State Flag State Seal 'Elections Ft Voting Text of Initiative FORMATTING NOTE: In Initiatives, legislative bilis and other proposed measures, language th deleted from current statutes is represented by a "strikethrough" character and language that i added is underlined. Because these special characters cannot be formatted in all Internet brow; different set of symbols is used for presenting these proposals on -line. The symbols are as folio • Text that is surrounded by (( {- text here -))) is text that will be DELETED FROM the e statute If the proposed measure Is approved. • Text that is surrounded by {+ text here +} is text that will be ADDED TO the existing : the proposed measure Is approved. • {+ NEW SECTION +} (found at the beginning of a section or paragraph) Indicates that I text In that section will become law if the proposed measure Is approved. The text of this document is an accurate copy of what was filed by the initiative proponent with the Secretary of State for assignment of a serial number. The accuracy of code in amendatory sections has not been verified. INITIATIVE 841 . Page 1 of 2 I, Sam Reed, Secretary of State of the State of Washington and custodian of its seal, hereby certify that, according to the records on file in my office, the attached copy of Initiative Measure No. 841 to the People is a true and correct copy as it was received by this office. AN ACT Relating to repealing state ergonomics regulations unless a uniform federal standard is required; adding new sections to chapter 49.17 RCW; and creating a new section. BE IT ENACTED BY THE PEOPLE OF THE STATE OF WASHINGTON: (+ NEW SECTION. +) Sec. 1. A new section is added to chapter 49.17 RCW to read as follows: Washington must aid businesses-in creating new jobs. Governor Locke's competitiveness council has identified repealing the state ergonomics regulations as a top priority for improving the business climate and creating jobs in Washington state. A broad coalition of democrats and republicans have introduced bills repeatedly to bring legislative oversight to this issue. This measure will repeal an expensive, unproven rule. This measure will aid in creating jobs and employing the people of Washington. httD: / /www.secst ate. wa. i7ov/ eiectionslinitiatives /text/i841.asox 911 onnni Washington Secretary of State - Elections & Voting Page 2 aft Washington History (+ NEW SECTION. +1 Sec. 2. iA new section is added to chapter 49.17 RCy? to react as follows: Lor the purposes of this section, "state ergonomics regulations" are defined as the rules addressing musculoskeletal disorders, adopted on May 26, 2000, by the director of the department of labor and industries, and codified as WAC 296 -62 -05101 through 296 -62- 05176. The state ergonomics regulations, filed on May 26, 2000, by the director and codified as WAC 296 -62 -05101 through 296 -62 -05176 are repealed. The director, shall not have the authority to adopt any new or amended rules dealing with musculoskeletal disorders, or that deal with the same or similar activities as these rules being repealed, until and to the extent required by congress or the federal occupational safety and health administration. (+ NEW SECTION. +1 Sec. 3. The provisions of this act are to be liberally construed to effectuate the intent, policies, and purposes of this act. (+ NEW SECTION. +1 Sec. 4. If any provision of this act or its application to any person or circumstance is held invalid, the remainder of the act or the application of the provision to other persons or circumstances is not affected. EOD Address Confidentiality I Apastilles 1 Archives 1 Charitable 1,04sts & Solicitations 1 ComoralioN BiglILLagnatuos gl_ection5 & Voting 1 international Trade 1 Library, 1 Hecials_olMeils &valor 1 aews _B,eteir„ 1 QCat.Liiitogy. 1 Ptoductlylty_l oan nijte Flag 1 Mate Seal 1 Washington History Washington Secretary of State 520 Union Avenue SE, PO BOX 40220, OLYMPIA VJA 98504 -0220 (360) 902 -4151 Privacy Policy • } 13 'Shall" or "nyust" means mandatory. • -, ( .74) 'Should" or "may" means recommended - . )- "Suitable" means that which fits, or has the dualities _, .Afjcations to meet a given purpose, occasion, curkdi- • ;0 } �,u iort,.orcircumstance. r { end' — W Worker," "persoriu°I, "person,' 'employee,' and firms of like meaning, unless the context of the provi- . tataii1g such term indicates otherwise, mean an ,4.:of an employer who is employed in the business of • •giover whether by way of manual labor Of otherwise • ..pe...rson in this state who Is engaged in the. employ- lf is working under an independent contract the ;Y.:which is their personal Tabor for an employer labor or otherwise. ....149,4W place" means any plant, yard, premises, tgr place where all employee. or employees are cr.the performance of labor or service over which &I isr the right of access or controlf,) and 'kis not lirriitcd to, all work places covered hy gs.T under Title 51 RCW, as now or hereafter • 'reviattons used in this chapter: • .40. 1 American National Standards HRE. American Society of Heating an.d (04,4".0 4maeatts•British thermal unit. •(.4PR.0.1. i British thermal unit per hour. ' cubic feet per minute. : .11). - means - Code of Federal Regi.ster. .rn Gas Association. .1 'WW •Manufacturing Chemist Association .. L1: 2r1.4: means iptional Electrical Manufacturing • .011tS'i de diameter, eans Washington Adrninigtrative Code. "yri• -,... "InEdaVashington Industrial Safety and cI LLYc... 9 .( 1171 : 1 1 Section 1E. effective V1/63.j fir.?! 2geory i11 !his manner bracti;eicd material of yPp it O.con frmoa to the SLaulary requirernenL Ionshtuttionality clause. In the poi ph sentence, clause, phrase or ad l4- 0 or invalid p,sar�kr'rif :raid standard or this chaptcr Yn:4:1: ed;5,7rn: OOrder 70 - $., it 296 - - 040. filed O l effective 811/1 Y, General Oceupational Health Standards PART 1 296- 62-05103 WAC 296 -62 -050 Application for waiver or vari- ances. See WAC 296 - 350 -700 Variance from WISH4 rules. [Statutory Authority: RCW49.17 -010; 149;171040, and i49-171.050.014!- 038, *296-62-1350, filed 5/9/01, effective 9f] IO1: Order 73 -3, § 290.62 -450. IAI 517+73; Order 71:1-g, §296-62-0.50, filed 7131/70, effecrive 911170; Rukk S -0l0, off °tive 6+1163,1 WAC 296 -62 -051 Ergonomics. • [Statutory Authority: 'ROW 49,17.010. [49.17] -410, and [49.17].050. 00-12 - 024, 296 .62 -051, filed 5/26/00, effective WI/024 WAC 296- 62 -0514X .What Ls the purpose of this rule? The purpose of This rule is to reduce employee exposure to sp Lei flc workplace hazards that can cause or aggravate~ work- related musculoskeletal disorders (WMSDs). In workplaces where these hazards exist, employers must reduce them. Doing so will prevent V.rivISiDs such as tendinitis, carpal tun - nel syndrome and low back disorders. The rule is not designed to prevent injuries from slips, trips, falls, motor vehicle accidents or being struck by or caught in objects, This rule contains three parts. ▪ - Part 1, WAC 296 -62- 05105, provides a quick way for employers to know if they =covered. Part 2 requires covered employers to meet an employee- education requirement and identify WIvISD hazards. if hazards exist, the employer must reduce ttlem. • Part 3 shows covered employers when they must comply with this rule. An employer's type of busi- ness and number of employees determine how much time is permitted for compliance (3 to 6 years for .mang WheISD hazards).- Therule does not include any requirements for the med- ical management of WMSDs or change any rquirements for handling int]us trial insurance ciaiiris. An employer will not be in violation oflhis rule solely because an employee develops aliMISD or.related symptom. [Statutory Authority_ RCW 49.17.010, [49,11].040, and [49,17].050.011 -12- 024, § 296-62 -05101, filled 512.000, effects a 711IO2 -] WAC 296 -62 -05103 Which employers are covered by this rule? Employers with 'caution zone jobs' are covered by .this :rule. A " caution Zonc. job" is a job where an employee's typical work activities include any of the specific physical risk factors listed in WAC 296-62-05105 - ISrarutory Authority, RCW 40-17- 010. [49.17].040. add [+49.17].0511- 00 -12- ' 024, § 296-62-05103, filed 5/26/00. effective 711.42.] ['ripe 296 WAC—p,1397,] 296-62-05105 Title 296 WAC: Labor and Industries, Department n1' b%'AC 296 -62 -05105 What is a "caution cone job"? A "caution zone job" is a job where an employee's typical work activities include any of the specific physical risk factors listed below. Typical work activities are those that are a regular and foreseeable part of the job and occur on more than one day per week, and more frequently than one week per year. • Employers having one or more "caution zone jobs" must comply with Part 2 of this rule. "Caution zone jobs" may not be ha% w'dous, but do require further evaluation. - • This rule does not prohibit "caution zone jobs." • Employers who have made a reasonable determination that they do not have "caution zone jobs" are not covered by this n ule • Duration (for example, 2 hours) refers to the total amount of time per day employees are exposed to the risk factor, not hovj i long they spend performing the work activity that includes the risk factor. yy ffi�� • Awkward Posture (1) Working with the hand(s) above the head, or the elbow(s) above the shout` der, more than 2 hours total per day (2) Working with the neck or back bent more than 30 degrees (without support; and without the ability to vary posture) more than 2 hours total per day:;':. (3) Squatting more than 2 hours total per day (4) Kneeling more. than 2 hours total per day High Hand Force • (5) Pinching an unsupported object(s) weighing 2 or more pounds per hand,.,ar!# pinching with a force of 4 or more pounds per hand, more than 2 hours total; per day (comparable to pinching half a ream of paper) (6) Gripping an unsupported object(s) weighing 10 or more pounds per hand;;, or gripping with a force of 10 or more pounds per hand, more than 2 hours , total per day (comparable to clamping light duty automotive jumper cables onto a battery) Highly Repetitive Motion ( (8) "Caution zone" Repeating the same motion with the neck, shoulders, elbows, wrists, or`� hands (excluding keying activities) with little or no variation every few.. . r _ seconds more than 2 hours total per day ,'�•' Performing intensive keying more than 4 hours total per day Repeated Impact (9) Using the hand (heel/base of palm) or knee as o hammer more than 10 times per hour more than 2 hours total per day : =j ''. Heavy, Frequent or Awkward Lifting (10) Lifting objects weighing more than 75 pounds once per day or more than, t s 55 pounds more than 10 times per day 4i;; (I l) Lifting objects weighing more than 10 pounds if done more than twice per; minute more than 2 hours total per day'. (12) Lifting objects weighing more than 25 pounds above the shoulders, helow. the knees or at arms length more. than 25 times per day Moderate to High Hand -Arm Vibration • (13) Using impact wrenches, carpet strippers, chain saws, percussive tools (jack; hammers, scalers, riveting or chipping hammers) or other hand tools that` typically have high vibration levels more than 30 minutes total per day ;; (14) Using grinders, sanders, jig saws or other hand tools that typically have.. g. moderate vibration levels more than 2 hours total per day (Employers may assume that hand tools vibrating less than 2.5 meters second squared (m/s eight -hour equivalent are not covered.) • ['Statutory Authority: 'icy,' 49.17.010, (49.171.044, and 09.171.050. 00- 12.024, § 296- 62.05105, filed 5126+00, effective 711/02,) • •.�y (?003 .mod ['rive 296 wr1C —p. 13981 ,. ,, PART 2 WAC 296 -62 -05110 When do employers' existing ergonomics activities comply with this rule? Employers ;gray continue to use effective alternative methods established 'before this rule's adoption date. If used, the employer must be ;able to demonstrate that the alternative methods, taken as a . :whole, are as effective as the requirements of this rule in ;reducing the WMSD hazards of each job and providing for ;employee education, training and participation. ;[Statutory Authority: RCW 49.17.010, (49.17].040, and [49.171.050.00-12 - 2024, § 296 -62- 45110, filed 5t26/00, effective 7/1102.] WAC 296 -62 -05120 Which employees must receive -ergonomics awareness education and when? (1) Employ- ers must ensure that all employees working in or supervising r•caution zone jobs" receive ergonomics awareness education at least one every three years. The employer may provide ;ergonomics awareness education or may rely on education provided by another employer or organization. Ergonomics awareness education materials provided by the department of l abor and industries may be used to rneet these requirements. (2) When employees are assigned to work in or supervise caution zone jobs," they must receive ergonomics awareness education within 30 calendar days, unless they have received i t in the past three years. This requirement applies when the i nitial "awareness education" deadline in the implementation schedule (WAC 296 -62 -05160) has passed. WAC 296 -62 -05130 - Analyzing and reducing WMSD hazards General Performance Approach (1) The ernployer must analyze "caution zone jobs" to iden- tify those with WMSD hazards that must be reduced. A WMSD hazard is a physical risk factor that by itself or in combination with other physical risk factors has a suffi- cient level of intensity, duration or frequency to cause a substantial risk of WMSDs. The employer must use haz- ard control levels as effective as the recommended levels in widely used methods such as the Job Strain Index, the lifting guidelines in the Department of Energy ErgoEASER, the ANSI S3.34-1986 (R1997) Hand Arni Vibration Standards, the 1991 NIOSH Lifting Equation, (as described in Waters 1993), the UAW -GM Risk Fac- tor Checklists, applicable ACGIH threshold limit values for physical agents, Rapid Entire Body Assessment (REBA), or Rapid Upper Limb Assessment (RULA). General Occupational Health Standards 296 -62 -05130 [Statutory Authority: RCW 49.17.010, [49.171.040, and [49.171.050.00 -12- 024, § 296 -62- 05120, filed 5/26/00, effective 7/1102.) WAC 296 -62- 05122 What must be included in ergo- nomics awareness education? Ergonomics awareness edu- cation (for example: Oral presentations, videos, computer - based presentations, or written materials with discussion) must include: • Information on work - related causes of musculoskeletal disorders, including all caution zone risk factors listed in WAC 296 -62 -05105 (nonwork factors may be included as well); • The types, symptoms and consequences of WMSDs and the importance of early reporting; • Information on identifying WMSD hazards and com- mon measures to reduce them; and • The requirements of this ergonomics rule. [Statutory Authority: RCW 49.17.010, [49.171.040, and (49.17].050.OD -12- 024. § 296 -62- 05122, filed 5/26/00, effective 711102.] WAC 296 -62 -05130 What options do employers have for analyzing and reducing WMSD hazards? All covered employers must determine whether "caution zone jobs" have WMSD hazards and must reduce the WMSD hazards identi- fied as described below. Employers may choose either the general performance approach or the specific perfor- mance approach as follows: (1) WAC 296 -62 -15130 - Analyzing and reducing VVMSD hazards: Specific Performance Approach - The employer must analyze "caution zone jobs" to identify those_with WMSD hazards that must be reduced. A WMSD hazard is a physical risk factor • that exceeds the criteria in Appendix B of this rule. 2) The employer must analyze "caution zone jobs" using a (2) Same as General Performance Approach. systematic method that includes the following, if appli- cable: • Physical demands specific to the worksite includ- ing posture, force, repetition, repeated irnpacts, hand -arm vibration, duration, work pace, task variability and recovery time; • Layout of the'work area, including reaches, work- ing heights, seating and surfaces; and • Manual handling requirements, including size, shape, weight, and packaging. [Title 296 WAC —p. 13991 296- 62.05130 Title 296 %VAC: Labor and Industries, Department of WAC 296 -62 -05130 - Analyzing and reducing WMSD hazards: General Performance A pproach (3) Individuals responsible for hazard analysis must know how to use the analysis method effectively and be informed about the requirements of this rule. (3) (4) The employer must reduce all Wiv1SD hazards below the (4) cri teria chosen in WAC 296 -62- 05130(1) or to the degree technologically and economically feasible. (5) Employers must reduce 'Wiv1SD hazards as described (5) below by: (a) Implementing controls that do not rely primarily on employee behavior to reduce "1ST) hazards, such as the following: • Changes to workstations and tools Reducing the size and weights of loads han- dled • Process redesign to eliminate unnecessary steps or introduce task variety • Job rotation (b) If employers cannot reduce WMSD hazards below the hazard.level using the controls identi- fied above, they must supplement those controls with interim measures that primarily rely on indi- vidual work practices or personal protective equipment. Examples of such practices include the following: • Impact gloves • Team lifting • Training on work techniques (c) This rule does not require an employer to control WMSD hazards by replacing full -time employees with part -tune employees or otherwise reducing an individual's hours of employment. If an employer has implemented all other technologi- cally and economically feasible controls, and a WMSD hazard remains, the employer will be deemed in compliance with this subsection. (6) If measures to reduce WMSD hazards include changes (6) in the job or work practices then job - specific training must be provided. This job - specific training must include: • The hazards of the work activities; Safe work practices; and The proper use and maintenance of specific mea- sures to reduce WMSD hazards that have been implemented. (7) No written ergonomics program is required. The (7) employer must be able to demonstrate the following: • The method used to analyze "caution zone jobs "; • The criteria used to identify WivISD hazards; • The jobs with identified WIvISD hazards; and (Title 296 %VAC —p. WON } • dfly2 WAC 296 - 62- 05130 - Analyzing and reducing WMSD ' + hazards: • Specific: Performance Approach Individuals responsible for hazard analysis must know how to use the analysis provided in Ap end 'y P tx�; 13 effectively and be informed about the require- ',tents of this rule. The employer must reduce all WMSD hazards ` "` below the criteria in Appendix B of this rule or to the degree technologically and economically feasi.4 ble. Same as General Performance Approach. Same as General Performance Approach. No written ergonomics program is required. The employer must be able to demonstrate that all .' . WIVISD hazards have been reduced below the trite- ' .': r ` • ria identified in Appendix B of this rule or to the `;`X 4' degree technologically and economically feasible - __r.:.� ' ' "� .1 AC 296-62-05130- Analyzing and reducing WMSD 1 2 hazards: General Performance ,Lipproach ▪ The reduction °fat] WMSD hazards below the criteria chosen in WAC 296-62-05] 30(]) or to th degree technologically and economically feasi- ble. [gmt1laory Authority: RCW 49.17 - 010, 149 and [40.11].050.00 - i2 - 424, § 296 - 62 filed 5x26104, effective. 7 /1/02.1 WAC 296 -62- 05140 How must employees be kept bleed and informed? (I) The enipIoyer must provide for encourage employee participation in analyzing "caution ne jobs" and selecting measures to reduce WI MSD hazards, � inployers with eleven or more employees who are required to:lMavc safety committees (WAC 296- 800 -130), must involve this con in choosing the methods to be used 'or employee participation. (2) En3.ployers with eleven or more employees must share the Following information with the safety coinrnittcc (if a c ommittee is required by WAC 296- &1O -no), Employers . ho are not required to have a safety committee (WAC 296- 802-19o) must provide this information at safety meetings: * The requirements of this rule; ▪ Identified "caution zone jobs "; ■ Results of the hazard analysis andlor identification of lobs with WMSD hatzards; and • Measures to reduce WMSD hazards. (3) The employer must review its ergonomics activities t =least annually For effectiveness and for any needed raprovements- This review must include members of the safety Dornmittee where one exists or ensure an equally effec- e means of employee involvement. Siuuaary AuthrFrity: RCW 49,17 -010, [4917].044, and (49..r/105.11 01 -23- 1164; 296-62-05140. filed 1 1 F20'03 , effective 7/ 1/024 00-12 -024. § 296462 - tr5V40, filed. 5/26100, effe ti ue 7)1/02.] WA C. 296 -62 -05150 How are germs and p hraSa5 used imthis rule? Roe: CheckL&I's W1SHA Services website at JJwww,ltu- wa- goviwishaiergo for current links to any of b sins referred to in this section - ACGIB threshold limit values for physical hazards - .[ie American Conference of Governmental Industrial , gienists, Thresholds Limit Values for Clsernical Sub - tatnces and Physical Agents in the Work Environment, and a ojogical Exposure Indices ('TVs and BEJs)_ Available for Purchase at the ACGIH website at http:Jlwww- acgih.org. • • ANSI S334 -1986 (81997) Hand Arm Vibration Stan - . Ara .'oats - American National Standard Guide for the Measure - ' en# -and Ev aluation of Human Exposure 2;QcQ ' to Vibration Trans - d,to the Hand- ANSI S3,34 -1986 (81997)- Available for t',pttih$se at the ANSI website at http :J /web- ansi.orgi ': Caution zone jobs" - Jobs wham an employee's typi- ai] t rk activities include any of the specific physical risk w ,rr,idcntified in WAC 296 -62- 05105. These jobs have a uficient degree of risk to require ergonomics awareness !Tien and job hazard aualysis- x Bepartinent of Energy E+rgoRA.SRR - Ergonomics ucatiort, Awareness. System /Evaluation and Recording to General Occupational Health Standards 296-62-05150 WA C 296 -62 -05130 - Analyzing and reducing WMSD hazards: Specific Performance Approach (ErgDEAS1 R) software package. U.S. Department of Energy, Office of Envirolunen , Safety, and Health (1995). Can be downloaded from the Department of Energy website at http:fitis,eh, doe. govtotherslergoeaserfdown ]oad,him. Ergonomics - The science and practice of designing jobs or workplaces to match the capabilities end limitations of the human body. Full Time Equivalent (FTE) - The equivalent of one person working fu11 -time for one year (2,000 worker boors per year) Fur example, two persons wonting half time count as one .- High Hand -Arm Vibration Levels - Tools with vibra- tion values equal to or greater than 10 meters per second squared (torn) eight -hour equivalent. Examples include some impact wrenches, carpet'strippers, chain saws, and percussive to ols. Intensive Keying - Keying with the hands or fingers in a rapid., steady motion with few opportunities for temporary work pauses. Job Strain index - The Strain Index; A proposed method to analyze jobs for risk of distal upper extremity dis- orders, Moore, Y,S,, and A. Garg, (1995)- Published in Amer- ican Industrial Hygiene Association Journal, volume 56, pages 443 -458- Website at http: / /sg- www,satx.disa -miff hscoemoltoolslstrain -htm- - Moderate Hand -Arm Vibration Levels - Tools with vibration values between 2,5 and 10 meters per second squared (n,fs eight -holm equivalent. Exiunp]cs include some grinders, sanders, and jig saws- NIOSH Lifting Equation, 1991 - Waters, TR-, Putz- Anclerson, V., Garg, A., and Fine, L.J. (1993)- ,Devised N'IOS1 equation for the design and evaluation of manual lift- ing tasks. Published in Ergonomics, volume 36 (7), pages 749-776. For a manila] on using the lifting equation see: Applications Manual for Revised Lifting Equation, Waters, T -, Putz- Anderson, V., Oarg, A., (1944)- Available from the National 'technical Information Center (NTIS), Springfield, VA 22161- 1- 800 -553 -6$4•- Calculator website at http:f/ www. industrialhygiene ,cornlcalcllift -htrol .Application guide line website at http:llwww.cdc.- govfniash/94-110. html. Rapid Entire Body Assessment tool (RBA) - Hignett, S. and Mcl tamncy, L. (2000) Rapid entire body assessment (RESA). Published in Applied Ergonomics, volume. 3t, pages 201-205 - Recn very Time - 4lr periods with light task demands, or rest. breaks, that permit an employee to recover from phys- ically demanding work. - The Rapid Upper Limb Assessment (RULA) - NicAt- amney, L. and Corlett, E.N. (1993) RULA: A survey method for the investigation of work - related upper ]irnb disorders. 175ttc 296 v,AC_p 1 4011 29( -62 -05160 Title 296 WAC: Labor and Industries, Department of Published in Applied Ergonomics, volume 24 (2), pages 91- 99. IJAW -GM Risk factor Checklists - UAW -GM Risk Factor Checklist 2, 1998. UAW -GM (United Auto Workers - General Motors) Center for Human Resources, Health and Safety Center, 1030 Doris Road, Auburn Hills, Michigan. Work Activities - The physical demands, exertions, or functions of the job or task. Work-Rela ted 119usculoskelefal Disorders (WMSDs) - Work- related disorders that involve soft tissues such as muscles, tendons, ligaments, joints, blood vessels and nerves. Examples include_ Muscle strains and tears, ligament sprains, joint and tendon inflammation, pinched nerves, Employer • All employers in SIC codes* 078, 152, 174, 175, 176, 177, 242, 421, 451, 541, 805, and 836 who employ 50 or more annual full time equiva- lents (FTEs) in Washington state • The Washington State Department of Labor & Industries • The remaining employers in SIC codes* 078, 152, 174, 175, 176, 177, 242, 42 451, 541, 805 and 835 • All other employers who employ 50 or more annual full time equivalents (FTEs) in Washington state All other employers employing 11 -49 annual full time equivalents (FTEs) to Washington state. All other employers employing 10 or fewer annual MI time equivalents (FTEs) in Washington state. New workplaces or businesses Mile 196 WAC- p.14021 INITIAL IMPLEMEN'rA'I'ION SCHEDULE Awareness Education Completed And Hazard Analysis Completed July 1, 2002 July 1, 2003 July 1, 2004 July 1, 2005 One year from the date the new work- place or business is established OR According to the schedule above Significant changes to existing work- places or businesses OR According to the schedule above *NVote: SIC code is the employer's primary SIC bused on hours of employment. See Appendix C of this rule for descriptions of these SIC codes. Note: Help for employers in implementing the rule. (1) Developing Ergonomics Guides and Models The department will work with employer and employee organizations to develop guides for com- plying with this rule (for example, a model program for ergonomics awareness education). Employer use of these guides will be optional. degeneration of spinal discs, carpal tunnel syndrome, tendini- tiS, rotator cuff syndrome. For purposes of this rule WhiSU do not include injuries from slips, trips, falls, motor vehicle accidents or being struck by or caught in objects. [Statutory Authority: RCW 49. 17.010. [49.17J.040, and [41,71.050.00.12_ 024, § 296-62-05150. filed 5/26/00. effective 711102.1 WAC 296 -62- 05160 When must employers comply with this rule? Employers covered by this rule must comply `�. with its r • uirements by the dates shown. PART 3 Hazard Reduction Completed July 1, 2003 July 1, 2004 July 1, 2005 July 1, 2006 { SUPPI..I:D•IENTAL PLER1.EN I TION SCHEDULE 15 months from the date the new woilt -_ place or business is established (3) OR According to the schedule above 2 months after significant changes occur 3 months after' significant changes occu4 OR According to the schedule above .•ter (2) 'Identifying Industry "Best Practices" The department will work with employer "ill" employee organizations to develop or identrfy'melh ods of reducing WMSD hazards that will serveiP examples of industry - specific "best practices;'.: industry - specific "best practices" are devCI0P i , they•may be used to demonstrate employer comp ance with the requirement to reduce WMSD 11. " ards. Employers will not be restricted to the industry "best practices" for compliance. 'r Establishing Inspection Policies and Procedures+. The department will develop policies andh•:Proc dures for inspections and enforcement of this ule (200WAI Raising the . above the head hands Bending the back 30 0 45 0 . Bending the wrist Extension 45° ________________ - 45° • Flexion Raising the elbows above the shoulders • • Squatting 300• 1 ilig et i ti Ulnar little . - deviation (bent towards the finger) - ,.. 4p Bendin g the neck 30° �—� • ' Kneeling - 30 ° ti a ands{ ' meth= :rve as AS 1 loped,;: ompli 1) haz -t, use of before the rule is enforced. These policies and pro- cedures will be communicated to employers and employees through mailing lists, business associa- tions, labor unions and other methods before the department issues any citations or penalties. Conducting Demonstration Projects Following adoption of this rule, the department will work with employers and employees to undertake demonstration projects to test and improve guide- lines, "best practices and inspection policies and procedures as they are developed. Providing Information on Ergonomics The department will work with employer and employee organizations to collect and share the Awkward Postures General Occupational Health Standards 296 -62 -05172 • • most effective examples of ergonomics training, job analysis, and specific solutions to problems. The department will make special efforts to share this information with the small business community. [Statutory Authority: RCW 49.17.010, [49.17).040, and (49.17).050. -12- 024. § 296-62-05160, filed 5/26100, effective 7/1/02.) WAC 296 -62- 05172 Appendix A: Illustrations of physical risk factors. The following illustrations are pro- vided as reference only. Some users of this rule may find the pictures aid their understanding of the text in WAC 296 -62- 05105. . [Title 296 WAC—p. 1403) 296 -62 -05174 High Hand Force Piriching 2 lbs. 1' I l� i1 ;1 ?_= I Repeated Impacts Title 296 \•VAC: Labor and Industries, Department of Using the knee as a hammer Using the hand as a hammer (Statutory Authority: RCN 49.17.010, (49.17J.040, and (49.171.050. - 024, § 296-62-05172, filed 5/26/00, effective 7/1/02.) WAC 296 -62 -05174 Appendix 13: Criteria for ana- lyzing and reducing WiVISD hazards for employers who choose the specific performance approach. For each "cau- tion zone job" find any physical risk factors that apply. Read- ing across the page, determine if all of the conditions are present in the work activities. If they are, a WMSD hazard exists and must be reduced below the hazard level or to the degree technologically and economically feasible (see WAC 296 -62- 05130(4), specific performance approach). [Title 296 WAC —p. 1404) Awkward Posture Body Part Physical Risk Factor Shoulders Neck Back Working with the hand(s) above the head or the elbow(s) above the shoulder(s) . Repetitively raising the hand(s) above the head or the elbow(s) above the shoulders) more than once per minute Working with the neck bent more than 45° (without support or the ability to vary posture) • Working with the back bent forward more than 30° (without support, or the ability to vary posture) Working with the back bent forward more than 45° (without support or the ability to vary posture) Duration More than 4 hours total per day More than 4 hours total per day More than 4 hours total per day More than 4 hours total per day. More than 2 hours total per day Visual Aid General Occupational Health Standards 296 - 62 - 05174 Check (✓ ) here if this is a WMSD hazard [Title 296 WA — 14051 296- 62- 05i.74 Body Part Knees Physical Risk Factor Squatting I Kneeling 'fide 2% WAC: Labor and Industries, Department or More than 4 hours total per day More than 4 hours total per day Visual Aid • (TILIL :96 WAC -p. 1409 (200] &f.) • High Hand Force Body Part Arms, wrists, hands Arms, wrists, hands Physical Risk Factor Pinching an unsupported object(s) weighing 2 or more pounds per hand, or pinching with a force of 4 or more pounds per hand (comparable to pinching half a ream of paper) Gripping an unsupported object(s) weighing 10 or more pounds per hand, or gripping with a force.of 10 pounds or more per hand (comparable to clamping Tight duty automotive jumper cables onto a battery) General Occupational Health Standards Combined with Highly repetitive motion Wrists bent in flexion 30° or more, or in extension 45° or more, or in ulnar deviation 30° or more No other risk factors Highly repetitive motion Wrists bent in flexion 30° or more, or in extension 45° or more, or in ulnar deviation 30° or more No other risk factors Duration More than 3 hours total per day More than 4 hours total per day More than 3 hours total per day More than 3 hours total per day More than 4 hours total per day Visual Aid 'Extension l a ensEan Uhrar deviation Uhrar deviation 296 -62 -05174 Check (I) here if this is a WMSD hazard ❑ (Title 296 WAC—p. 1407) Highly Repetitive Body Part Motion Physical Risk Factor Combined with Duration Hands . Neck, shoulders, elbows, wrists, hands • Using the same motion with little or no variation every few seconds (excluding keying activities) No other risk factors More than 6 hours total per day Using the same motion with little or no variation every few seconds (excluding keying activities) Wrists bent in flexion 30° or more, or in extension 45° or more or in ulnar deviation 30° or more AND . High, forceful exertions with the hand(s) More than 2 hours total per day Intensive keying Awkward posture, including wrists bent in flexion 30° or more, or in extension 45° or more, or in ulnar deviation 30° or more More than 4 hours total per day - No other risk factors More than 7 hours total - per day • Repeated Impact Body Part - Physical Risk Factor Duration Visual Aid Hands . Using the hand (heeUbase of palm) as a.hammer more than once per minute More than 2 hours total per day Knees Using the knee as a hammer more than once per minute FAore than 2 hours total per day . �^ - 296-62-05174 (Ride 296 WAC —p. 14081 Title 296 WAC: Labor and Industries, Department of Check (✓ ) here if this is a WMSD hazard Check (✓ ) here if this is a WMSD hazard (2003 Ed.) Waist to shoulder This analysis only pertains if you have "caution zone jobs" where employees lift 10 lbs. or more (see WAC 296 -62- 05105, Heavy, Frequent, or Awkward Lifting) and you have chosen the specific performance approach. Above shoulder Find out the actual weight of objects that the employee lifts. Actual Weight = lbs. Determine the Unadjusted Weight Limit. Where are the employee's hands when they begin to lift or lower the object? Mark that spot on the diagram below. The number in that box is the Unadjusted Weight Limit in pounds. 0 „ 7 " 12 „ Hear Mid- Extended range ndjusted Weight Limit: lbs. General Occupational Health Standards Find the Limit Reduction Modifier. Find out how many times the employee lifts per minute and the total number of hours per day spent lifting. Use this information to look up the Limit Reduction Modifier in the table below. How many lifts per minute? 1 lift every 2 -5 wins. 1 lift every min 2 -3 lifts every min 4 -5 lifts every min 6 -7 lifts every min 8 -9 lifts every min 10+ lifts every min For how many hours per day? 1 hr or less 1.0 0.95 0.9 0.85 0.75 0.6 0.3 1 hrto2hrs 0.95 0.9 0.85 0.7 0.5 0.35 0.2 2 hrs or more 0.85 0.75 0.65 0.45 0.25 0.15 0.0 Note: For lifting done less than once every five minutes, use 1.0 Limit Reduction Modifier: Step 4 296 -62 -05174 Calculate the Weight Limit. Start by copying the Unadjusted Weight Limit from Step 2. Unadjusted Weight Limit: = lbs. tribe employee twists more than 45 degrees white lifting, reduce the Unadjusted Weight Limit by multiplying by 0.85. Otherwise, use the Unadjusted Weight Limit Twisting Adjustment: _ Adjusted Weight Limit: • = lbs. . Multiply the Adjusted Weight Limit by the Limit Reduction Modifier from Step 3 to get the Weight Limit. X Limit Reduction Modifier: Weight Limit: = lbs. Step this a hazard? Compare the Weight Limit calculated in Step 4 with the Actual Weight lifted from Step 1. If the Actual Weight lifted is greater than the Weight Limit calculated, then the lifting is a WMSD hazard and must be reduced below the hazard level or to the degree technologically and economically feasible. o 'e If the Job involves lifts of objects with a number of different weights and /or from a number of different locations, use Steps 1 through 5 ,;?o;ie to: 4:4Analyze the two worst case lifts — the heaviest object rifted and the lift done in the most awkward posture. .. the most commonly performed lift. In Step 3, use the frequency and duration for all the o lifting done in a typical workday. [Title 296 WAC—p. 14091 296-62-05174 Hand -Arm Vibration Use the instructions below to determine if a hand -arm vibration hazard exists. Step I. Find the vibration value for the tool, (Get it from the manufacturer, look it up at this web site: http:// ttmetech. niwIse /vibration/1-LA\'Home.html, or you may measure the vibration yourself). The • "ti vibration value will be in units of meters per second squared (mis On the graph below find the point on ,• • :17.742.o. • • the left side that is equal to the vibration value. Note • You can also link to this web site through the L&I WISIIA Services Ergonomics web site: h ttp_ //www.Ini. wt.o ov /wisha/ergo Step 2. Find out how many total hours per day the employee is using the tool and find that point on the bottom of the graph. Step 3. Trace a line in from each of these two points until they cross. Step 4. If that point lies in the crosshatched "Hazard" area above the upper curve, then the vibration hazard must be reduced below the hazard level or to the degree technologically and economically feasible. If the point lies between the two curves in the "Caution" area, then the job remains as a "Caution Zone Job." If it falls in the "OK" area below the bottom curve, then no further steps are required. Example: An impact wrench with a vibration value of 12 mis is used for 2 hours total per day. The exposure level is in the Hazard area. The vibration must be reduced below the hazard level or to the degree technologically and economically feasible. 50 40 �� at 30 • 0 20 L J? 5 10 Title 296 %VAC: Labor and Industries, Department of 3 4 5 6 7 Time (in hours) Note: The caution limit curve (bottom) is based on an 8 -hour energy- equivalent frequency- weighted acceleration value of 2.5 m15 The hazard limit curve (tap) is based on an 8-hour energy- equivalent frequency- weighted acceleration value ors (Statutory Authority: RCW 49.17.010, [49.171040, and (49.17).050.00- 12 -0_4, § 296 -62- 05174. tiled 5/26100, effnctivc 711/02.] • (Title 296 WAC —p. 1410) (2003 Ed -) `, , ^i. Y"14,•a • General Occupational Health Standards • - . , j �. WA 296 -62 -05176 Appendix C: Standard industry classification (SIC) codes. The descriptive titles i . , . listed in the irnplementation schedule (WAC 296 -62- 05160) are provided below. SIC codes are established by • i,>' `:of Management and Budget and are Listed in the Standard Industrial Classification Manual, 1987 edition. { .'SIC* INDUSTRY EXAMPLES ;'078 Landscape and p • lawn and garden services 6 '." Horticultural • ti •,, , ornamental shrub and trek services : `. --Pi Services if ? -11 ii i`" . 152 General Building Con - m .'".• ;; tractors, Residential c4 -. -,,, Buildings € x - -, 174 Masonry, ' • masonry, stone setting , and other stone work ,�,: nry, g •; Stonework, Tile • plastering, drywall, acoustical, and insulation work Setting & Plastering • terrazzo, tile, marble, and mosaic work Carpentry and Floor Work • carpentry work • floor laying and other floor work (NEC * *) Roofing, Siding and • installation of roofing, siding, and sheet metal work Sheet Metal Concrete Work Sawmills & Planing Mills 177 242 51 Air Transportation, Scheduled and Air a ' Courier till Grocery Stores 005. Nursing & Personal 6: 41 ,;, &fi'' 7' SYC or NAICS s °yin . • 00 Care • Residential Care • Trucking & Courier Service, not Air equivalent. In 2000, federal agencies that dude statistical data will adopt NAICS (North American us try System) codes and begin to phase out S•I codes. State and local government agencies also will this new coding structure to promote a common language ca egorizing today's industries. ABC - not elsewhere classified. ito' ry Authority: RCW 49.17.010, [491 71.040, and [49.171.050.00-12 - ' 05176, filed 5126/00, effective 7/1/02.1 ? PART B— ACCESS TO RECORDS ''H'AC 296 -62 -052 .Access to employee exposure and kcal records. ry Authority: C6upter 49.17 RCW. 89 -11 -035 (Order 89.03), § 246 - tled 5/15/89, effective 6/30/89. Statutory Authority: RCW 1 _,1 4 , 1 ,).'49.17.1_150 and 49.17.240. 81- 18-029 (Order 81 -21), § 296-62 - ttled 8/27 /81.1 • general contractors single family houses • • general contractors residential buildings other than single family • includes portland cement and asphalt sawmills and planing mills hardwood dimension and flooring mills special products sawmills (NEC * *) • trucking • local trucking with or without storage • courier services (except by air) 296 -62 -05201 • for the SIC codes the federal Office • scheduled air transportation _ • air courier services Note: W1SHA jurisdiction excludes planes in flight supermarkets food stores grocery stores • skilled nursing care facilities • intermediate care facilities • nursing and personal care facilities (NEC * *) • establishments primarily engaged in the provision of residential social and per- sonal care for children, the aged, and special categories of persons with some limits on ability for self -care, but where medical care is not a major element. " - ""1 Purpose. The purpose of this sec - 'ees and their designated represents_ to relevant exposure and medical :presentativcs of the director of labor ccess to these records in order to ful- r the Washington Industrial Safety )y employees, their representatives, and industries is necessary to yield nprovements in the detection, treat - ccupational disease. Each employer g compliance with this section, but complying with the access to medi- tn be carried out, on behalf of the employer, by the physician or other health care personnel in charge of employee medical records. Except as expressly provided, nothing in this section is intended to affect existing legal and ethical obligations concerning the maintenance and confidentiality of employee medical information, the duty to disclose information to a patient/employee or any other aspect of the medical -care relationship, or affect existing [Title 296 WA C—p. 14111 CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: September 23, 2003 City Manager Sign -off: Item: Check all that apply: ❑ consent ❑ old business X new business ❑ public hearing ❑ information X admin. report ❑ pending legislation AGENDA ITEM TITLE : Discussion of Fire Service Options and Proposed Resolution to Extend for One Year Annexation to Fire District Nos. 1, 8 and 9 GOVERNING LEGISLATION: RCW 52.04 provides for the establishment of fire services within newly incorporated cities. PREVIOUS COUNCIL ACTION TAKEN: In February 2003, Council passed Resolution 03 -016 directing staff to investigate and report on future fire protection services, including annexation for an additional year. BACKGROUND: Residents are currently served by three Fire Districts. State law allows a newly formed city to annex into an existing fire district or districts for the year of incorporation. That temporary annexation may be extended for one additional year to give cities additional time to analyze the various fire service alternatives. A draft resolution is included to extend that temporary annexation through 2004. OPTIONS: Annex into one or more Fire Districts; contract with a Fire District (or other service provider); or establish a City Fire Department. RECOMMENDED ACTION OR MOTION: Provide direction on the draft resolution and potential fire service options. BUDGET /FINANCIAL IMPACTS: Financial impact depends upon the service option chosen. The draft resolution to extend annexation for one year would have no financial effect on the City. STAFF CONTACT: Nina Regor, Deputy City Manager ATTACHMENTS 1. Fire Service Options for the City of Spokane Valley 2. Draft Resolution to Continue to Receive Fire Protection Services Stkikane �Svalley Memorandum To: David Mercier, City Manager and Members of Council From: Nina Regor, Deputy City Manager and Cary Driskell, Deputy City Attorney Date: September 18, 2003 Re: Fire Service Options for the City of Spokane Valley At tachment 1 11707 E Sprague Ave Suite 106 ♦ Spokane Valley WA 99206 509.921.1000 • Fax: 509.921.1008 ♦ cityhall @spokanevalley.org On September 23, Council is scheduled to discuss long -term fire services for the City of Spokane Valley. Residents are currently served by Fire District (FD) #1, #8 or #9, depending upon the area of the city. Over 75% of FD #1's territory lies within the city limits, about 10% of FD #8, and less than .01% of FD #9 According to state law (RCW 52.04.161), for the year of incorporation a newly formed city is temporarily annexed into an existing fire district or districts unless the City Council passes a resolution during the interim transition period precluding that annexation. This temporary annexation may be extended for one additional year if the City Council and the Fire District Board(s) adopt another resolution. Following that second year, the City is automatically withdrawn from the Fire District(s) unless voters approve a ballot proposal to annex the city into the District(s). At the September 23 meeting, staff will present a draft resolution to extend the temporary annexation period through 2004. This will give Council and the affected Districts time to plan for the future and to present any appropriate ballot proposals for voter consideration. • Options for Long -Term Fire Services There are four feasible options for providing fire services. Option 1: Annex into Fire Districts #1, #8 and #9. This is the status quo option. A recent change in state law allows a newly incorporated city to annex into more than one Fire District. ' Fire District 49 serves four properties within the Spokane. Valley city limits. Fire Services in the City of Spokane Valley, continued September 18, 2003 Page 2 of 5 Option 1 requires 1) Council approval in the form of a resolution; 2) Fire District Boards' approval; and 3) approval of a majority of the voters within the City's limits, as well as a majority of the voters within each District. The major advantage to Option 1 is predictability. Residents will receive the same level and quality of service they received prior to incorporation, and the rate they pay for those services will remain the same. From the Districts' perspectives. the status quo option also provides no change to their boundaries, and therefore no loss in revenues as a result of the incorporation. Option I Issues • Levels of Service — Because Spokane Valley is served by three different Districts, residents receive three different levels of service, depending upon the area in which they reside. For instance. all three Districts provide first response to emergency medical call -outs. However, FD #1 and #9 provide advanced life support (ALS), i.e., paramedic level to the area, while FD 48 provides basic life support (BLS), i.e., emergency medical technician level. • Cost — The property tax rate varies for each District, so citizens are paying differing amounts for their fire services. Table 1 Base Rate Other Operating Levy Subtotal Bonds FD #1 FD #8 FD #9 1.3723 1.2682 1.5000 1.6268 .4827 1.3869 2.9991 1.7509 2.8869 -0- .2810 .1651 Total 2.9991 2.0319 3.0520 A variation on Option 1 would be to have the four FD #9 properties residing within the Spokane Valley city limits annex into FD #1. Under this variation, there would be two, not three, different levels of service and a corresponding variance in costs. The Public Safety Transition Committee recommended the status quo option, with the implication that the few properties within FD 49 should annex into FD #1. ' The tax rate is levied per $1,000 taxable value. Tax rates are rounded to the nearest 1/10,000. A bond obligation remains with the original properties throughout the term of the bond. even if the fire service provider changes. Therefore, for the purpose of discussions on cost, the bond tax rates have been ignored. Fire Services in the City of Spokane Valley, continued September 18, 2003 Page 3of5 Option 2: Annex into One Merged Fire District. The decision for two or more fire districts to merge the sections within the new city Limits is made by each Fire District Board. If all Boards decide to move forward with the boundary change, the proposal may go either to the Boundary Review Board(s), or to the affected County(s) a . It is then forwarded for consideration to all voters within the merger District (i.e., the "receiving District) and only the voters within the merging District who reside within the City limits. If a majority of the voters approve the proposal, the City's annexation into the merged District then takes place as described in Option 1. Both steps may take place during the same election as two separate ballot measures. It is important to note that there are elections costs associated with Options 1 and 2. The cost is split among all of the entities who have proposed measures for that ballot. The main advantage to Option 2 is uniformity. All residents within the City limits would receive the same level of service, and would pay the same rate for those services. Option 2 Issues • Cost - Some City residents could see an increase in the cost of their fire service if the higher -cost Fire District was chosen. • Impact to Outlying Areas - From the perspective of the Districts who lose territory as a result of a merger, the service level of their remaining territory may be impacted, or the per unit cost of their services may increase. • Transfer of Employees and of Assets - Depending upon the amount of territory assumed by the chosen District, laws governing transfers may apply. Option 3: Contract with One or More District. The contracting option gives the City authority over the service level, the quality and cost of the fire services provided within its City limits. This may or may not he an advantage, depending upon how satisfied citizens generally feel about their fire services. Option 3 Issues • Cost - Under state law, cities have a maximum property tax rate, of which up to $1.50 may be allotted to a Fire District for operations. The Fire District may propose an additional special operating levy for voter consideration, bringing them above the $1.50 limit. On the other hand, cities may not go above their maximum rate. If they If the District Board(s) do not approve the proposal for voter consideration, a petition signed by 15% of the qualified voters may be forwarded to the Boundary Review Board or to the County(s) as an alternative approach. Fire Services in the City of Spokane Valley, continued September 18, 2003 Page4of5 Table 2 choose to provide fire services costing more than the equivalent of $1.50 per $1,000 taxable valuation in revenues, they must either decrease other City services. or increase other revenue sources. Option 4: Create a Municipal Fire District. Option 4 gives a City the most authority over fire services within its City limits. This option also offers the most flexibility in terms of balancine all municipal services. However, as Table 3 demonstrates, a substantial loss of tax revenue would result from the application of municipal finance laws. Option 4 Issues • Levels of Service — A citywide service level would need to be developed. If the Council were to choose a service level comparable to FD #1, which serves the majority of the City, that decision would result in a cost of about $11,550,000 — almost $140,000 more than City residents currently pay for fire services. E.st. Tax Value within Operating City Limits Tax Rate Estimated Tax Revenues ($2.9991 Rate) FD #8 FD #9 3,740,000,000 110.000,000 58,000 2.9991 1.7509 2.8869 $11,216,634 $19',599 $167 $11,216,634 $329,901 $174 0 (137,302) ( Total Estimated Tax Revenues $1 1,409,400 Difference 511,546,709 (137,309) • Cost — All three Districts have operating tax rates above $1.50. City residents are currently paying an estimated $11.4 million for fire service operations. The formation of a municipal fire department would result in a net loss of $5.6 million in property tax revenue (see Table 3). A service level comparable to FD #1 would require an additional $140,000, bringing the total shortfall to about $5.75 million. This would require either a reduction in Fire or other General Fund services, or an increase in non - property tax revenues. All estimates in this document are very rough and should not be used to draw final conclusions. For instance. estimated revenues assume 100% collection. which is not feasible in any given year. Fire Services in the City of Spokane Valley, continued September 18, 2003 Page 5 of 5 Table 3 FD #1 FD rib FD #9 Total Net Steps Est. Tax Value within Operating Estimated Tax City Limits Tax Rate Revenues 3,740,000,000 2.9991 1 1(1.000.000 1. 7509 58,000 2.8869 $11,216,634 $192.599 $167 $11,409,400 Estimated Tax Revenues ($1.50 Rate) $5,610,000 $165,000 $87 $5,775,087 Difference (5,606,634) (27,599) (80) (5,634,313) • Transfer of Employees and of Assets — State law governs the transfer of employees and of assets. Requirements differ depending upon what percent of the District the new City will assume. The issue of employee and asset transfer is complicated by the fact that it involves three Districts. At the September 23 meeting, staff will present a draft resolution to extend the temporary annexation period through 2004. If Council wishes to pursue Option I or Option 2, a vote of the public will be required. At the September 23 meeting, staff will also present a timeline to meet a Spring 2004 election. In addition to the resolution, Council may wish to discuss which option(s) the City should pursue for service after 2004, and what approach the City should take to make a decision about long -term fire services. Proposed resolution extending fire services for 2004 — C. Driskell Draft two — September 19, 2003 CITY OF SPOKANE VALLEY SPOKANE COUNTY, WASHINGTON RESOLUTION NO. 03- At tachment 2 A RESOLUTION OF THE CITY OF SPOKANE VALLEY, SPOKANE COUNTY, WASHINGTON, STATING THE INTENT OF THE CITY TO CONTINUE TO RECEIVE FiRE PROTECTION SERVICES FROM SPOKANE COUNTY FIRE DISTRICT NOS. 1, 8, AND 9. WHEREAS, pursuant to RC`V 52.04.161, the City has received fire services in its first year of incorporation from the existing fire districts within the City's corporate limits; WHEREAS, RCW 52.04.161 further provides that a newly incorporated city may annex to the existing fire districts within the City's corporate limits for the year following incorporation; WHEREAS, Resolution 03 -016, adopted by the City Council February 11, 2003, directed the City Manager to contact Spokane County Fire Districts 1, 8, and 9 to investigate and report on future :foe protection services, including annexation for an additional year; WHEREAS, the City lvtanager has conducted said investigation, and recommends annexing to Spokane County Fire .Districts 1, 8, and 9 for 2004; and WHEREAS, the City Council is desirous of being annexed by Spokane County Fire Districts 1, 8, and 9 for 2004. NOW THEREFORE, be it resolved by the City Council of the City of Spokane Valley, Spokane County, Washington, as follows: Section l.. Intent to Annex. In order to continue to receive fire protection, fire prevention, fire suppression, emergency medical, and hazardous material incident response, it is hereby declared that the City of Spokane Valley shall be deemed annexed to Spokane County Fire Districts 1, 8, and 9 for 2004. Section 2. Notification to Boards of Commissioners. The City Clerk shall send a copy of this Resolution to the Boards of Commissioners for Spokane County Fire Districts 1, 8, and 9. Section 3. Effective Date. This Resolution shall be in full force and effect upon adoption of a resolution by each participating Fire District, but no later than December 31, 2003. c/C:I.Docuntents and Settin_s\nrego?iLoca1 SettinslTemporary intemet Fileslol,.KAClresolution extending fire for 2004 - 9 -19-03 draft 2.DOCfire department/resolution extending fire for 2004 - 9 -19 -03 draft 2 Proposed resolution extending fire services for 2004 — C. Driskell Draft two — September 19, 2003 Attest: Adopted this day of September, 2003. City Clerk, Christine Bainbridge Approved as to Form: Deputy City Attorney, Cary P. Driskell City of Spokane Valley Mayor Michael DeVleming c1C:lDoeum ents and Settings\nreeorfLocal SettingslTemporary Internet riles\OLKAClresolution extending fire for 2004 - 9 -19 -03 draft 2.1)OCfrre department/resolution extending fire for 2004 - 9 -19 -03 draft 2 CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: September 23, 2003 City Manager Sign -off: Item: Check all that apply: ❑ consent ❑ old business ❑ new business 111 public hearing X information ❑ admin. report C1 pending legislation AGENDA ITEM TITLE : Street Lights GOVERNING LEGISLATION: PREVIOUS COUNCIL ACTION TAKEN: BACKGROUND: The attached presentation will give a brief background on City Street Lighting. OPTIONS: RECOMMENDED ACTION OR MOTION: BUDGET /FINANCIAL IMPACTS: STAFF CONTACT: ATTACHMENTS : LIGHTING [STRET ■Public Project Requirements . Development Requirements •Monthly Charge for Street Lights . Policy for Adding New Lights . City Street Light Locations „ Public Project Requirements J • The current standards from the county do not have requirements for street lighting. • The county minimized the installation of lighting for budgetary concerns. • Power costs for one light are approximately $180 /year. Public Project Requirements [ 1 • Typically, the traffic engineer determines locations of lights for each project based on known safety concerns or areas of high pedestrian use. (Schools, Parks, etc.) • The county practice was to light signalized intersections. evelopment Requirements J D • The current development standards from the county do not have a requirement for street lighting. • Developers that want street lighting must coordinate with the utility company and establish a system where the residents pay for the lighting. Monthly Charge for Street Lights UTILITY MONTHLY RATE BY SIZE TOTAL 100W 200W 400W LIGHTS AVISTA $9.37 $15.31 $23.05 976 INLAND $9.00 $10.00 $15.00 22 MODERN $8.10 $9.20 571 VERA $4.40 $5.80 395 WSDOT VARIOUS 163 2127 Policy g New Lights • Generally — The Utility will add a new light where a pole and secondary service are available if the City pays the electric service charge. • Cost for a new pole and /or service will be billed at cost of installation plus the electric service charge. .� ="�" iA ��A11i111= �1111ii�E��E r , {IIIr'i"ill�flrll� m �]I Ifi_itl� 145 1.6404 15 T LIGHTING .Questions CITY OF SPOKANE VALLEY Request for Council Action Meeting Date: September 23, 2003 City Manager Sign -off: Item: Check all that apply: ❑ consent ❑ old business ❑ new business D public hearing Eg information ❑ admin. report ❑ pending legislation AGENDA ITEM TITLE : Community Development Block Grant - Update GOVERNING LEGISLATION: Federal Department of Housing and Community Development (HUD) PREVIOUS COUNCIL ACTION TAKEN: In May and June of 2003, Council took action to participate in the Spokane County CDBG Consortium. The City has designated a primary and secondary representative on the Housing and Community Development Block Grant Advisory Committee. BACKGROUND: In May and June of this year, the City of Spokane Valley took actions to participate in the Spokane County Community Development Block Grant (CDBG) Consortium. Participation in the county's consortium was the only short term alternative available to Spokane Valley to have access to the CDBG program. In 2005, the City will have the opportunity to become an entitlement jurisdiction due to the City's population and receive CDBG funding directly from the Department of Housing and Urban Development (DHUD) The Housing and Community Development Advisory Committee (HCDAC) has reconvened and has begun working on the 2004 CDBG Program. The HCDAC met on September 11, 2003 and approved CDBG Program funding policies and selection criteria for 2004 CDBG funding. The adopted program includes the following timeline of events: September 2003 - Funding Policies 09/11/2003 HCDAC Meeting to Finalize CDBG Program Objectives and Selection Criteria' 09/23/2003 CDBG Program Objectives and Selection Criteria to BoCC for Approval* October 2003 - RFP 10/01/2003 CDBG Request For Proposals Advertised (Published) 10/14/2003 Applicant Workshop - Morning 8:45 a.m. — 12:00 noon. "" November 2003 - Applications Due 11/14/2003 CDBG Applications Due (Must be postmarked by midnight on 11/14103) 11/17/2003 Staff Begins Eligibility Review of Proposals & Preparation of Staff Reports December /January 2003/2004 - Staff & H DAO Review 12/05/2003 Preliminary Staff Reports to HCDAC for Opportunity to Request Additional Information 12/11/2003 HCDAC General Orientation and Review of Funding Policies * 12/19/2003 Final Staff Reports to HCDAC 0110812004 HCDAC Meeting - Project Selection 1 Allocation * 01/22/2004 HCDAC Meeting - Project Selection / Allocation* (1f necessary) February 2004 - Project Selection 2/22/2004 30 -Day Public Comment Period on 2004 Annual Action Plan Begins *` 2/27/2004 Final Opportunity to Propose Amendments to Consolidated Plan for 2004 PY March 2004 - Public Hearings / Final Recommendations 3/04/2004 Public Hearing on Preliminary Recommendations / 2004 Annual Action Plan ** 3/1112004 HCDAC Meeting to Discuss Public Comments & Finalize Recommendations * Aorf! 2004 BoCC Review of MP & ERR / RROF 4/06/2004 Notice of Public Hearing for Annual Action Plan on BoCC Agenda ** 4/13/2004 2003 Annual Action Plan on BoCC Agenda** 4/18/2004 Publish ERR Findings 1 RROF for Comment ** Mav 2004 - Housing & CD Plan & RROF to HUD 5/03/2004 2004 Annual Action Plan to HUD for 45 -Day Review 5/11/2004 Request for Release of Funds on BoCC Agenda ** 5113/2004 Submit Request for Release of Funds to HUD ** July 2004 - CDBG Funds Available 7/01/2004 Anticipated Start of 2003 Program Year 'NOTE The Spokane County Board of County Commissioners may allocate funds as set-asides for activities that address high priority, unmet reeds. The amount of funds set aside will be announced at allocation meetings and will reduce the total amount available to grant applicants. `NOTE_ The US Congress may alter the 2004 Program Year apprcprfa €fon amount for the Community Development dock Grant Program. if DE funding is reduced nationally, entitlement communities, including Spokane County, will receive fewer dollars than anticipated. Congress may act at any time durir+g the 2004 -2005 year in regard to the na tional CDBG budget. The lev& of funding available is never certain until after Spokane County receives a contract, if funding is reduced after the selection and allocation process, the amount originally recommended for funding 4ulll be automatically reduced in e manner determined by the Housing and Community Development Departmerrt, Housing and Community Development Advisory Committee and /or Spokane County Board of County-Commissioners. Spokane County estimates that the CDBG program will have approximately $1,800,000 in funds to allocate in 2004. There are statutory limits on the administration and planning allocation of 20% of new funds, which is approximately $320,000 maximum. Also limited by statute is the human service allocation at 15% of 2004 available funds or approximately $240,000. The County has indicated that it will typically receive requests for funding that is two to three times the amount of the available funding. The County's CDBG policies include a list of program priorities for the coming program year in the areas of Community Development, which includes public facilities, infrastructure, public services, anti - crime programs, youth and senior programs, economic development and planning; homeless and special needs populations; and persons in families with children. Programs within these program areas have been identified and assigned either a low, medium or high priority. Funding is allocated first to projects that involve a need that has been assigned a high priority. If any funding remains after the high priority projects are addressed, medium priority projects are considered and so on. Among the high priority needs that have been identified are water, sewer and street improvements and economic development planning. City staff will be meeting with County staff to discuss potentially eligible City of Spokane Valley CDBG projects, reviewing successful applications from last year and preparing the applications materials to submit to the County for CDBG funding. City staff will be attending the upcoming Applicant's Workshop in October and any subsequent meetings related to the CDBG process. OPTIONS: N/A RECOMMENDED ACTION OR MOTION: NIA BUDGET /FINANCIAL IMPACTS: Undetermined at this time. STAFF CONTACT: Greg McCormick, AICP Long Range Planning Manager ATTACHMENTS None Spokane Valley Planning Commission Approved Minutes Council Chambers — City Hall 11707 F.. Sprague Ave. August 28, 2003 1. CAI..L TO ORDER Bill Gothrnann, Planning Commission Chair, called the meeting to order at 6:30 p.m. II. PLEDGE OF ALLEGIANCE The Commission and audience recited the Pledge of Allegiance. III. ROLL CALL Fred 13eaulac — Present Bob Blum — Present David Crosby — Present Gail Kogle — Present Bill Gothmann — Present Ian Robertson — Present John G. Carroll - Present IV. APPROVAL OF AGENDA Commissioner Crosby moved that the agenda be approved as presented. Comntissi.oner Carroll seconded the motion. Motion passed unanimously. V. APPROVAL OF MINUTES It ►vas moved by Commissioner Robertson and seconded by Commissioner Beaulac that the minutes of the August 14, 2003 Planning Commission meeting be approved as presented. Motion passed unanimously. VI. PUBLIC COMMENT AI Bevacqua, 8820 E. Montgomery, Spokane Valley, WA Mr. Bevacqua requested more frequent and effective neighborhood patrolling of the City's commercial zones. .F le asked the Planning Commission to pass this request on to the appropriate City Department for attention and action. VII. COrvlMISSION REPORTS Commissioner Robertson Reported that he was working with the citizens from the Rotchford Acre Tracts on the concerns voiced at the August 14, 2003, Planning Commission meeting. They are presently working on the issue of zoning for large animals. A neighborhood association is being formed, and things are moving ahead favorably. Chairman Gothmann Reported that the Zoning Code Enforcement Ordinance was presented to the City Council on August 26, 2003. A paragraph was added to the Ordinance which empowers the Community Development Director to handle invalid chronic complaints. At its meeting on August 26, 2003, the Council adopted a six -month extension of the City moratorium on Adult Entertainment Businesses. There will be a meeting concerning University City's future on Wednesday, September 24, 2003. This meeting was called by Mayor DeVleming. No more than three (3) Planning Commission members may attend without violating the Open Meeting Law, and Mr. Gothmann has already confirmed his attendance. Any other interested Commissioners should let him and /or Sue Larson (688 -0186) know as soon as possible. VIII. ADMTNISTRATI VE REPORT Marina Sukup, Director, advised that the City Council will be briefed on the Junk Car Ordinance at their meeting on Tuesday, September 2, 2003. IX. COMMISSION BUSINESS A. OLD BUSINESS: There was no Old Business. B. NEW BUSINESS: Public Hearing — Annual Comprehensive Plan Amendments The Chair declared a Public Hearing to Consider Annual Comprehensive Plan Amendments open at 6:44 p.m. Members of the public were encouraged to fill out a card if they wished to speak for or against one of the seven amendments. The hearing on each amendment will follow these steps: • Announcement by Commission Chair • Staff overview and recommendation • Testimony by the applicant and /or property owner • Public Testimony • Commission deliberation and vote CPA- 03 -01: The subject property is located on the north side of Montgomery Avenue about 300 feet west of Argonne Road with a street address of 8915 E. Montgomery Avenue, Spokane, Washington. The site is currently developed with a commercial car wash facility, self - storage and outdoor storage for trucks and recreational vehicles. Greg McCormick, Long Range Planning Manager, explained that the property owner requested a change in land use designation from Low Density Residential to Regional Commercial and a change in zoning 2 designation from Urban Residential 7 (UR -7) to Regional Business (B -3). The subject property was zoned commercial in 1970, but was rezoned under the recent Spokane County Comprehensive Plan and subsequent Phase i Zoning process. Staff Recommendation: Change land use designation to Community Center, consistent with adjacent properties. Apply the Community Business (B -2) zone consistent with the Phase 1 Development Regulations. All current uses on the property are allowed in the B -2 zone. Applicant Testimony: Gib 13runiback, 8915 E. Montgomery, Spokane Valley, WA The property was zoned B -3 twenty years ago. Two years ago the zone was changed to residential. Now the zoning and land use are out of whack. i\1r. Brumback's original request was to restore the land to B -3 zoning status, but he will be satisfied with B -2 zoning. Public Testimony: Al Bevacqua, 8820 E. Montgomery, Spokane Valley, WA Mr. Bevacqua is an opponent of CPA- 03 -01. He complained of trucks which regularly park on the street across from his residence and outside Mr. Brumback's commercial car wash. He provided the Commission copies of a letter dated December 7, 2000, written to Mr. Brumback. by James Richardson, Associate Planner of Spokane County, addressing code violation complaints. He also provided a letter dated August 28, 2003, outlining his personal reasons for opposing CPA- 03 -01. Both documents were placed into permanent record. Mr. Bevacqua shared Polaroid photos of some of the more common problems experienced with trucks that are regularly parked outside of Mr. Brumback's property. He strongly recommended that the Planning Commission vote against CPA- 03 -01. Chairman Gothmann closed the hearing for CPA -03 -01 to further public testimony. Applicant Response: Gib Brurnback assured the Planning Conuui_ssion that he and his staff do everything they can to keep the street clear of unauthorized vehicles, although success can he difficult on weekends. A motion was made by Commissioner Robertson to approve the Staff .Recommendation for CPA- 03 -0.1, to change land use designation to Community Center, with zoning of Community Business (B -2), and was seconded by Commissioner Beaulac. The motion passed unanimously. CPA- 03 -02: The subject property is located on the south side of Appleway Boulevard, east of its intersection of Park Road and is approximately 3 acres in size. Subject property is currently vacant. Mr. McCormick explained that the applicant is requesting a change of land use designation from Neighborhood Commercial to Regional Commercial and zoning from Neighborhood Business (B -1) to Regional Business (13- 3). The main issue concerning this property is the potential impact commercial development will have on the Dishman Hills Natural Area, located south of the site. Staff Reconunendation: Staff recommends designating the property Community Commercial and applying the Community Business (13 -2) zone, which will allow more flexibility and marketability to the site, but will limit the adverse impacts that could result under a Regional Commercial designation and B -3 zone. Applicant Testimony: Edwin Repp, Associated Restaurants, 4512 S. Madelia Street, Spokane, WA Mr. Repp noted that there had been a history of zoning actions concerning the property. He noted that the triangle of land is located on a highly traveled arterial, and the present zoning won't allow for development by a business. Mr. Repp urged the Commission to adopt the staff recommendation. Public Testimony: Michael Hamilton, 3415 S. Lincoln Drive, Spokane, WA Mr. Hamilton testified on behalf ofthe Dishman Hills Natural Association in opposition to CPA- 03 -02. He expressed concern that commercial development of the tract would have an adverse impact on the Natural Area's fragile environment. Tom Rosseau, 7918 E. Sprague, Spokane Valley, WA Mr. Rosseau is opposed to CPA -03- 02.1 -His email letter was entered into public record. Mr. Rosseau is in favor of preserving what little undeveloped space is left for Spokane Valley to preserve the native environment. Claudia Hamilton, 3415 S. Lincoln Drive, Spokane WA Opposed CPA- 03 -01, but did not wish to speak. Chairman Gothrnatni closed the hearing for CPA -03 -02 to further public testimony. Applicant Response: Richard Repp, Associated Restaurants, 3120 S. Raymond Circle, Spokane, WA Mr. Repp affirmed that the subject property is buffered from the Dishman Hills Natural Area by rock formations and 7 acres of UR -3.5 land to the south and east. The land is owned by the Repp family. Mr. McCormick reminded the Planning Commission that there are layers of protection built into the planning system for sensitive areas such as this. Before any development can occur on the subject property, detailed development plans must be submitted and would likely require a State Environmental Protection Act (SEA) review. It ►vas moved by Commissioner Crosby and seconded by Commissioner Blum that the Planning Commission approve the staff recommendation for CPA -03 -02 to designate the property Community Commercial and apply the B -2 zone. Commissioners Beaulac, Blain, Carroll, Crosby, Kogle and Robertson voted in favor of the motion. Chairman Gothmann opposed. Motion passed 6 -1. CPA- 03 -03: The subject property is located on the west side of Pines Road between the Union Pacific Railroad right-of-way and Mansfield Avenue. it consists of four separate parcels and is a total of approximately 2.5 acres in size. Subject property is currently vacant. Mr. McCormick indicated that the applicant requests a change in the land use designation from High Density Residential to Light industrial and a change of zoning from Urban Residential (UR -22) to Light Industrial (1- 2). Staff Recommendation: Staff recommends that the land use designation be changed to Light Industrial, with a zone change to Light Industrial (1- 2). This will be consistent with its previous 1976 zoning and the Interim Comprehensive Plan policies. Applicant Testimony: John D. Konen, Storhaug Engineering, N. 1322 Monroe, Spokane, WA. Mr. Konen spoke as a representative of Thomas S. Smith, property owner. He explained that the planning staff at the City of Spokane once thought the land would be suitable for apartments, but time has proven that this is not appropriate. Property owners and agents believe the subject property would be better suited for a few of the uses outlined in the Industrial 2 (1- 2) zoning designation. Robert Warner, 918 S. St. Charles, Spokane, WA Mr. Warner is one of the property owners in favor of CPA- 03 -03. He submitted a card, but did not wish to speak. Public Testimony: There was no Public Testimony on CPA- 03 -03. Commissioner Robertson moved that the Planning Commission approve the staff recommendation to change the subject property land use designation to Light Industrial and the zoning to Light Industrial (1 -2). Commissioner Kogle seconded the motion. Commissioners Beaulac, Carroll, Crosby, Gothmann, Kogle and Robertson voted in favor oldie motion. Commissioner Blum abstained Motion passed 6 -0. The Planning Commission took a brief recess. CPA- 03 -04: The subject property gains access from the terminus of Cataldo Avenue, west of Bradley and is located in the NE 1 /4 of Section 13, Township 25 North, Range 43 EWM. It is comprised of approximately 2.57 acres and is currently developed with an enclosed golf practice facility. Mr. McCormick explained that the subject property was overlooked during the County's 2002 Comprehensive Plan update, and was therefore changed from Regional Commercial with a zoning designation of Regional Business (13 -3) to Low Density Residential with a zoning of Urban Residential 7 (UR -7). This resulted in the existing use becoming "nonconforming ". Staff Recommendation: Staff recommends a change of land use designation to Light Industrial and a change of zoning to Light Industrial (1 -2). Applicant Testimony: John T. Sweitzer, 1.202 E. Sprague, Spokane Valley, WA Mr. Sweizer, speaking on behalf of property owner, Doug Lydig, was available to answer questions. He did not wish to add anything to the staff presentation. Public Testimony: Orville L. Wilcox, 7208 E. Boone, Spokane Valley, WA Mr. Wilcox is opposed to CPA- 03 -04. He is concerned about the possibility of this property being sold and egress being established in the NE corner of the lot. This would create a hazard to the children living in the residential area surrounding the subject property. Bea Koempel- Thomas, 1303 N. Lily Road, Spokane Valley, WA Mrs. Koempel- Thomas and her husband support the present use of the subject property. She, however, wanted to affirm Mr. Wilcox's view that a change in the traffic patterns resulting from any further development on the property would create a danger for children in the area. Chairman Gothmann closed the hearing for CPA -03 -04 to further public testimony. Applicant Response: Doug Lydig, 16020 N. Heather Glen, Spokane, WA 99208 Mr. Lydig assured the Planning Commission and the present tnenibers of the public that there will never be a northern access created on the subject property. Commissioner Robertson moved, and Commissioner Blum seconded, a notion to approve the CPA -03 -04 staff recommendation to change land use designation to Light Industrial and zoning to Light Industrial (I--2). Motion passed unanimously. CPA- 03 -05: The subject property is located on the north side of Broadway Avenue, south side of Cataldo Avenue approximately 960 feet west of Pines Road. It is comprised of approximately 3 acres and is predominantly vacant with a single family dwelling existing on a portion of the property. Mr. McCormick indicated that the applicant has requested a change of land use designation from Low Density Residential to High Density Residential and a change of zoning from Urban Residential 3.5 (UR -3.5) to Urban Residential 22 (UR -22). Staff Recommendation: Mr. - McCormick confirmed that the staff is recommending the subject property land use designation be changed to High Density Residential and the zoning be changed to Urban Residential 22 (UR -22). Applicant Testimony: Dave Nerren, 12213 11. Broadway Avenue, Spokane Valley, WA Mr. Nerren plans to develop the space facing Broadway Avenue into an office for his building company, Lexington 1- tomes. At this time, he has no intention of developing the back portion of the property, adjacent to Cataldo Avenue. There is an assisted living facility next door to the vacant lot on Cataldo that may be able to utilize the space for an expansion sometime in the future. Dwight Hume, 9101 N. Mt. View Lane, Spokane, WA Mr. 1 -Iurne is an agent for the property owner, and is in favor of CPA -03- 05. He affirmed that the applicant's intent is to build an office complex on the southern portion of the property. Public Testimony: Planning Commission Vice - Chairman Robertson stated that he had received 30 cards from citizens present who oppose CPA- 03 -05. The following citizens in attendance testified at the meeting: Kathy Stoy, 1104 N. Perrine, Spokane Valley, WA Mrs. Stoy submitted a petition signed by 68 residents living in the area, expressing concerns over the increased density which would increase traffic and crime, and lower property values. Mrs. Stoy also submitted a document obtained from the Spokane County Sheriffs Department detailing police activity for the apartment building at 12111 E. Cataldo, as well as a copy of a page from the applicant's Comprehensive Plan Amendment application which contained erroneous information regarding the location of a park at North Pines Junior High School. Joe Stoy, 1104 N. Perrino, Spokane Valley, WA Mr. Stay is an architect in opposition to CPA- 03 -O5. He suggested a compromise by short platting the property and rezoning the southern half to Urban Residential 22 (UR -22) and keeping the northern half Urban Residential 3.5 (UR -3.5). Gust Abariotes, 11708 E. Cataldo, Spokane Valley, WA Mr. Abariotes reported that many residents in his neighborhood have lost thousands of dollars in stolen property since the low income apartment complexes on the northern and southern sides of Cataldo have been built. Homeowner's insurance rates have increased noticeably as well. Chris Keener, 1010 N. Fox Road, Spokane Valley, WA Mr. Keener noted the trash on Cataldo Avenue left by the residents of the two existing apartment buildings. He believes that CPA -03 -05 is inconsistent with what exists in the surrounding area. Martha Rayle, 908 N. Wilbur Road, Spokane Valley, WA Ms. 13ayle suggested that the landowner invest his money in the existing apartment buildings on Cataldo and leave his vacant property zoned Urban Residential 3.5 (UR -3.5). James Renggli, 1018 N. Perrine, Spokane Valley, WA i\1r. Renggli has lived in his house for twenty -two years, and strongly believes that any increased traffic from subject property development will devalue his property. Sharry �'�'hite, 1003 N. Fox Road, Spokane Valley, WA Ms. White expressed concern that increased traffic will be a major hazard to the children in the neighborhood. She also spoke to the domestic violence issues in the two apartment houses on Cataldo. Carol E. Rell, 1012 N. Perrine Road, Spokane Valley, WA Mrs. Rell is concerned about the elderly folks who live in the assisted living facility on Cataldo, next to the northern end of the subject property. Increased traffic would endanger the few who eet out of the facility and begin to wander the streets. Clarion Bergland, 1018 N. Fox Road, Spokane Valley, WA Mr. 13ergland has lived in his house for thirty -seven years. He wanted to affirm that this is a residential neighborhood and to ask the Planning Comtission to vote against CPA- 03 -05. Phyllis Moss, 11822 E. Boone, Spokane Valley, WA Mrs. Moss and her family have lived in their house for thirty -four years. They have seen their residential street used as a raceway many times and her son was almost killed because of this. She asked the Planning Commission to vote against CPA- 03 -05. The following citizens in attendance did not speak, but opposed CPA -03- 05 by signing public hearing cards: Leon Moss, 11822 E. Boone Avenue, Spokane Valley, WA Joel C. Rell, 1012 N. Perrine Road, Spokane Valley, WA Lauri Keener, 101.0 N. Fox Road, Spokane Valley, `VA Nick Abariotcs, 11813 E. Broadway, Spokane Valley, WA S. Michael C. Baylc, N. 908 Wilbur, Spokane Valley, WA Gwen L. Barrett, 1020 N. Wilbur Road, Spokane Valley, WA Leonard Barrett, 1020 N. Wilbur Road, Spokane Valley, WA Frances Warren, 11722 E. Cataldo, Spokane Valley, WA W.D. Parker, 1004 N. Fox Road, Spokane Valley, WA Sarah A. Kaufman, 1004 N. Perrine Road, Spokane Valley, WA Johnny J. Belcher, N. 1005 Perrine Road, Spokane Valley, WA Wilma Belcher, N. 1005 Perrine Road, Spokane Valley, WA Kathleen Seeger, 1108 N. Perrine Road, Spokane Valley, WA Robert Seeger, 1108 N. Perrine Road, Spokane Valley, WA Tom & Carol Nicholson, N. 1105 Perrine Road, Spokane Valley, WA Karen Renggli, 1018 N. Perrine, Spokane Valley, WA Velma Marion, 1.017 N. Wilbur, Spokane Valley, WA Walter Marion, 1017 N. Wilbur, Spokane Valley, WA Bill Guyer, 1004 N. Perrine Road, Spokane Valley, WA Additional public testimony included: Earlyne Long, 11824 E. Broadway, Spokane Valley, WA Ms. Long sent a letter to the City Planning Commission in opposition to CPA- 03 -05. She has lived in her house for twenty -seven years, and is against the building of more apartments in the neighborhood due to increased traffic. Wayne Hinkley, 12121 E. Broadway, Bldg. #4, Spokane Valley, WA Mr. Hinkley sent a letter to the City Planning Commission in opposition to CPA- 03 -05. .He recommended that the Planning Commission halt any further rezoning in the area until traffic issues are resolved on Broadway Avenue. Hal Sarff, 414 N. Burns, Spokane Valley, WA Mr. Sarff spoke in favor of CPA- 03 -05. He is the owner of the assisted living facility next door to the subject property on Cataldo. He believes that Mr. Nerren should be able to develop his land, but does not think that Urban Residential 22 (UR -22) is the correct zoning designation. Mr. McCormick noted that a Neighborhood Business (13 -1) zoning district and designation of the property as Neighborhood Commercial would allow the proposed office development, but would potentially create a greater number of zoning and land use problems for the neighborhood. Chairman Gothmann closed the hearing for CPA -03 -05 to further public testimony. Applicant Response: Dwight Hume, 9101 N. Mt. View Lane, Spokane, WA Mr. Hume encouraged the citizens in opposition of CPA -03 -05 to trust the City's systems of review in order to help resolve traffic and population problems. H.e believes that these layers of review will assure adequate protection to the neighborhood residents. Dave Nerren, 12213 E. Broadway Avenue, Spokane Valley, WA Mr. Nerren has stated his intent to build an office complex on the southern portion of this property, and has no intention of building an apartment building. The Planning Commission discussed the many facets of CPA- 03 -05. Commissioner Crosby moved that the Planning Commission extend the meeting until 10:00 p.nz. Commissioner Robertson seconded the motion. Motion passed unanimously. Several alternative zoning designations were discussed and recommended. However, staff notified the Commission that they cannot zone arbitrarily, and that any changes in the CPA would have to be re- noticed and re- heard. Commissioner Carroll moved that the Planning Commission ask staff to review the requested change in CPA- 03 -0S; research, review and discuss property use and zoning alternatives with the applicant;, and return for further discussion at a continuation of tonight's Public Hearing of CPA -03 -05 on Thursday, September 1.1, 2003. Commissioner Robertson seconded the motion. Commissioners Beaulac, Blunt, Carroll, Gothmann, Kogle and Robertson voted in favor of the motion. Commissioner Crosby opposed. Motion passed 6 -1. CPA- 03 -06: The subject property is located on the north side of Broadway Avenue, between Blake and Maurer Roads. It is comprised of approximately 5+ acres and is developed with Broadway Court Estates, which is an independent retirement complex for senior citizens, on the west portion of the subject property. Mr. McCormick explained that the applicant is requesting a change from Low Density Residential to High Density Residential land use designation, and a corresponding zoning map amendment on the eastern portion of the site from Urban Residential 3.5 (UR -3.5) to Urban Residential 22 (UR -22) for the purpose of expanding the facility. The western portion of the site is currently zoned UR -22. Staff Recommendation: Amend the land use designation of the property from Low Density Residential to High Density Residential, including the separate parcel fronting Broadway and surrounded by the subject property. Apply the Urban Residential 22 (UR -22) zone to the expansion area. Applicant Testimony: Hal Sarff, 414 N. Burns, Spokane Valley, WA Mr. Sarff had no initial comment. Public Testimony: Liz Livingston, 13527 E. Cataldo, Spokane Valley, WA Ms. Livingston's family lives directly north of the Broadway Courts Estates. She testified that they have already lost their vi ew, and they and their neighbors believe that the developers will continue to encroach upon their property by moving the development south to the vacant property on Calaldo, between their houses and the Broadway Court Estates. Chairman Gothmann closed the hearing for CPA -03 -05 to further public testimony. Applicant Response: Hal Sarff, 414 N. Burns, Spokane Valley, WA Mr. Sarff responded to Ms. Livingston's concern regarding development on Cataldo. He does not have any intention of developing that property at present. A motion was made by Commissioner Carroll to accept CPA -03 -05 as recommended by the staff, designating the entire site as High Density Residential and the zoning to Urban Residential 22 (UR -22). Commissioner Kogle seconded the motion. The motion passed unanimously. CPA- 03 -07: The subject property is located on the northwest corner of Barker Road and Boone Avenue. It is comprised of approximately 3 acres. The eastern half of the subject property is developed with a convenience store that includes a fast food restaurant and a gas station. The westerly half of the subject property is currently vacant. The applicant proposes to construct multi- family dwellings in this area if the comprehensive plan and zoning map requests are approved. It was moved by Commissioner Crosby that the Planning Commission extend its meeting to 10:15 p.m. Commissioner Beaulac seconded the motion. Motion passed unanimously. Mr. McCormick explained that the applicant has requested a change in land use from Low Density Residential to High Density Residential on the western portion, with a zoning of Urban Residential 22 (UR -22), and Community Commercial, with a zoning of Community Business (B -2) on the eastern portion. Staff Recommendation: Community Development staff supports the requested Community Comrercial designation, with a zoning of Community Business (B -2) for the existing commercial business on the eastern portion of the site. However, staff does not support designating the western portion High Density Residential. Staff recommends designating the western site as Medium Density Residential, with a zoning of Urban Residential 12 (UR -12). This will provide for a better transition between conunercial and single- family residential and will have less impact on the existing single- family neighborhood. Applicant Testimony: John Peterson, E. 8412 Sprague, Spokane, WA Mr. Peterson spoke on behalf of the applicant, P &T Partners. In December, 1999, the subject property was zoned Industrial 2 (1 -2). Original intent for the property was to build a convenience store (Phase I) and a Mini Storage (Phase 2). Then, in January of 2002, the County changed the zoning to Urban Residential 7 (UR -7). This was a mistake that needs to be corrected. Instead of building a mini storage, the property owner would like to blend into the area by building a 30 -unit apartment complex. Applicant believes their original request for the wester portion of the subject property meets the comprehensive plan requirements for a UR -22 zone, and doesn't think the UR -12 designation is in anyone's interest. Mr. Peterson submitted colored photographs of the site, its present development, and an example of the proposed apartment complex structure to the. Planning Commission for public record. John Tonani, 1909 E. Westminster Lane, Spokane, OVA. Mx. Tonan.i is an owner of the subject property. He thinks the impact of building a 30 -unit apartment complex would be minimal to area residents and traffic patterns. Public Testimony: Dwayne Parker, 18508 E. Sharp, Spokane Valley, WA Mr. Parker opposed CPA -03 -07 because be does not believe that the mini mart is managed adequately. He believes the trash situation is awful. The area in question is a beautiful, small, rural, single- family neighborhood and he is opposed to apartments being built. Howard Brucgeman, 18422 E. Sharp, Spokane Valley, WA Mr. Bruegeman agreed with Mr. Parker that there is an awful garbage problem in their area due to the mini mart. In addition, he has big rigs using his driveway as a turnaround 5 -6 times a day, which disturbs his peace and devalues his property. Bob Milholland, N. 1317 Barker Road, Spokane Valley, WA Mr. Milholland is a lifetime resident of Greenacres, and testified in favor of CPA -03 -07 upon certain conditions. He has seen the increase in traffic on Barker Road, and thinks the mini mart has been an advantage to the neighborhood. Mr. Milholland thinks that the property managers are doing a good job of keeping the place up. Chairman Gotlunann closed the hearing for CPA -03 -05 to further public testimony. Debi Alley Administrative Assistant Commissioner Robertson moved, and Chairman Gothmann seconded, a motion to extend the Planning Commission meeting to 10:30 p.m. Motion passed unanimously. There was a brief discussion regarding the rural area surrounding the subject property and the land use designation which was requested by the applicant. Commissioner Carroll moved that the Planning Commission accept the applicant's request to change the land use designation from Low Density Residential to High Density Residential on the western portion, with a zoning of Urban Residential 22 (UR -22), and Community Commercial, with a zoning of Community Business (B -2) on the eastern portion. Commissioner Beaulac seconded the 'notion. Commissioners Beaulac, Carroll and Gothmann voted in favor of the motion. Commissioners Blum Crosby and Kogle voted in opposition to the motion. Commissioner Robertson abstained. Motion failed. A motion to accept the staff recommendation for CPA -03 -07 to support the requested Community Commercial land use designation, with a zoning of Community Business (B -2) for the existing commercial business on the eastern portion of the site and to designate the westerly portion of the site as Medium Density Residential, with a zoning of Urban Residential 12 (UR -12) was made by Commissioner Blum. The motion was seconded by Commissioner Crosby. Commissioners Blum, Crosby, Gothmann, Kogle and Robertson voted in favor of the motion. Commissioners Beaulac and Carroll opposed the motion. Motion passed 5-2. Chairman Gothmann closed the Public Hearing at 10:30 p.m. X. FOR THE GOOD OF THE ORDER The Visioning Session, which was scheduled for 5:00 p.m. on Thursday, September 11, 2003, has been cancelled because of a scheduling conflict, and will be rescheduled at a later date. XI. ADJOURNMENT There being no further business, the meeting was adjourned at 10:33 p.m. SUBMITTED: APPROVED: 14 13i11 Gothmann Chairman Spokane Valley Memorandum To: Dave Mercier, City Manager and City Council members From: Tom Scholtens, Spokane Valley Building Official CC: Marina Sukup, Community Development Director Kevin Snyder, Current Planning Manager Chris Berg, Code Enforcement Officer Cal Walker, Chief of Police Date: 9/16/2003 12:15 PM Re: 18909 E Marietta Ave. Spokane Valley, Washington 11707 E Sprague Ave Suite 106 • Spokane Valley WA 99206 509.921.1000 • Fax: 509.921.1008 • cityhall®spokanevalley.org In response to Mr. Brown's appearance at the 9/9/03 City Council meeting and other complaints received concerning 18009 E. Marietta, I performed a site visit 9/10/04. Following are issues complainants addressed, identified in italics, and the results of my investigation: 1. 9 vehicles parked at the address in violation of neighborhood covenants. The City of Spokane Valley does not enforce neighborhood or homeowner covenants or agreements. In addition, three of the four vehicles visible are licensed with one vehicle in the back partially screened. Currently, citizens are allowed to have up to two inoperable vehicles as long as they are properly screened. While the "screening in this situation is questionable, it does take a low priority in comparison to other pending violations. Recreational vehicles stored on private property are not required to have current licenses and tabs. Follow -up: Letter to complainants including copies of this memo. 2. Refuse stored on lot. There appears to be trash stored under a tarp in the front yard. As long as the trash is contained and not creating a nuisance, there are no Code violations. Follow -up: No violation. 3. Travel trailer being lived in behind the mobile /manufactured home. Cars are being used as residential accommodation. Unverified complaint at this time. Further investigation is required to determine the accuracy of the complaint and the status of any violation the photographs indicate that a travel trailer is covered by a tarp.. Follow -up: Will continue to monitor. 4. Skirting is off mobile home. Hot water heater cabinet door off. This is a maintenance issue. The lack of some of the skirting and the absence of a door does not affect the safety of this dwelling. Follow -up: No violation 5. Window replaced with wood and a chimney protrudes from the opening. This may be a violation of WAC Labor and Industries regulations. I have alerted L&I of this violation and am awaiting their reaction to this situation. Follow -up: LSI will contact the owners of the manufactured home and correct this issue. 6. Dog in yard. Barks at neighbors. This is not an issue for the City at this time. Nuisance animal complaints are referred to Spokane Animal Control. Follow -up: Will refer to Spokane County Animal Control. 7. Piled garbage on lot. Although there appeared to be trash stored on lot it was, for the most part, under cover. Follow -up: No violation. 8. Constant traffic, lots of people in and out of dwelling, suspected drug sales. License plates are being switched between vehicles. These complaints have been referred to the Spokane Valley Police Chief. Follow -up: 9/10/03 Police Department indicated that they cannot respond to these types of complaints unless the activity is in progress and they can witness the suspected violation. In addition to my site visit, Code Enforcement Officer Berg has responded with site visits five different times to respond to these complaints. A copy of my correspondence mailed to the complainants and the property owner follows. Greetings: This letter is in response to a series of complaints received conceming the use, maintenance, parking of vehicles and possible illegal activities at 18909 E. Marietta Avenue, Spokane Valley, Washington, 99027. I have included a memo that incorporates a compilation of the complaints received concerning this property and the results of the investigation of those complaints. That memo has been forwarded to the Spokane Valley City Manager and the members of City Council. It appears as if many of the complaints center on issues that the City of Spokane Valley does not address by ordinance. Rather the homeowner agreements or the neighborhood covenants would be used to enforce those issues in a civil action between individual property owners. If your complaint deals with these types of issues, private legal council may be required to reach a satisfactory conclusion. The issue of modification to the manufactured home has been referred to Washington Department of Labor and Industries. If you have any questions about their regulatory functions or about modification of /to a manufactured home, please phone them at 324.2538. The trash and garbage stored in the yard are contained under a tarp. We have contacted the Health Department concerning similar issues and they have informed us that this type of situation is not a health hazard. You may . reach them at 324.1560. The City of Spokane Valley has contracted with Spokane County Animal Control to address barking dog problems. Please contact 477.2532 for more information concerning a solution to this problem. Illegal activities are reported to the Crime Check to request the response of a police officer. That number is 456.2233. If an emergency is occurring please use the 911 emergency number. I have also mailed this letter and a copy of the attached memo to the owner of record for the property at 18909 E. Marietta Ave. Please contact me at 688.0024 if you have any other questions. Sincerely, Tom Scholtens, C.B.O. City of Spokane Valley Building Official Spokane Valley 16 September 2003 Charlotte M Bowman PO Box 00754 Airway Heights, WA 99001 -0754 RE: 18909 E Marietta Ave Dear Ms. Bowman; I have received eleven written complaints concerning the condition of property that you own at 18909 E. Marietta Ave. If this is not your property would you please contact me immediately at 509.688.0024 so I could redirect this correspondence. As a city official I try to notify all interested parties when I conduct an investigation or respond to a complaint. Although the issues identified by the complainants are not violations of City of Spokane Valley ordinances, they may be issues that you would care to address. With this letter, I have included a memo prepared for senior staff and the Spokane Valley City Council and a response letter sent to the complainants concerning their complaints. If I could be of any service to you concerning this property or any other issues, please do not hesitate to contact me. C Tom Scholtens, C.B.O. Spokane Valley Building Official 11707 E Sprague Ave Suite 106 • Spokane Valley WA 99206 509.921.1000 • Fax: 509.921.1008 • cityhall @spokanevalley_org - Spokane jUalley Memorandum To: David Mercier, City Manager, and Members of Council From: Nina Regor, Deputy City Manager Date: September 18, 2003 Re: Monthly Report — Summary of September 2003 Activities Contract Negotiation and Administration 11707 E Sprague Ave Suite 106 • Spokane Valley WA 99206 509.921.1000 • Fax: 509.921.1008 • cityhall ®spokanevalley.org • Library Services. I am working on an analysis of library service options, and have met again with Mike Wirt. The topic was originally scheduled for Council discussion on November 12, but we are moving it forward to the October 21 Council meeting. This will allow more time for Council consideration before the end of the year. • 2004 Contract Costs. Staff has been reviewing 2003 activity in order to estimate contract costs for the 2004 budget. Many of the contracts are paid on an even monthly basis, with a "settle- and - adjust" debit or credit taking place in the following year. The City will likely receive a credit on several of the 2003 contracts, because service need has been lower than anticipated. Work continues on the projections. • Outstanding Contracts. Emergency management and probation are the two pending service contracts. The City is also working with the County on an agreement concerning the public safety building. The emergency management contract is almost ready for Council consideration. The 2003 cost is estimated to be around $36,000. The probation contract negotiations are continuing. Special Projects • CenterPlace at Mirabeau Point. Since the first status memo, there has been a lot of activity. A CenterPlacc update is scheduled for the October 7 Council meeting, and the packet will include the second status memo. At the last presentation, Council had asked about lease conversations with the College. A meeting has been scheduled with Chancellor Livingston for September 30. The project is on track in all three areas — financial, legal and construction. In order to meet the tight time-frame, the project team continuously evaluates and adjusts the steps and approach. • Web Site. The City has contracted with A Perfect Web, Inc. to develop its external web site and Intranet. A staff Web Implementation Team has been created, and has met twice. We have reviewed other City sites to get ideas about content and design. The citizen task force will soon be meeting to brainstorm about content and design as well. Spoka exid"\ese, ne j Valley Memorandum To: Dave Mercier, City Manager From: Ken Thompson, Finance Director CC: Nina Regor, Deputy City Manager Date: September 17, 2003 RE: Monthly Departmental Report 11707 E Sprague Ave Suite 106 • Spokane Valley WA 99206 509.921.1000 • Fax: 509.921.1008 • cityhall @spokanevalley.org During the last 30 days Finance employees have spent their time on the following tasks: 2004 Budget We have been reviewing budgets for all departments and funds. Revenues have been estimated. We are comparing revenue estimates with other jurisdictions to validate our projections. Proposed expenditures may need to be adjusted to balance the budget. Sales Tax We continue to work with our contractor reviewing sales tax returns. It appears our monthly receipts will be in excess of $900,000. This amount is subject to change as Microflex sorts through returns. Bond Sale for Mirabeau Point We have been gathering information for the Official Statement which provides data for potential buyers of our bonds. This document includes financial and background information on our colntnunity including the leading employers and taxpayers in the area. Our bond underwriter and bond counsel are heavilyinvolved in this effort as well. 2003 Budget Amendment The City Council approved amendments to the 2003 budget in early September. These amendments were needed to authorize additional startup costs for our first year of operations. Direct Deposit for Payroll A direct deposit program for automatic payroll deposits was implemented with the September 15 payroll. Budget Variance Report A report showing a comparison of our revenues and expenditures to our adopted budget is attached. The report is through August 31, 2003. Based on five months of a nine month year, we would expect our revenues and expenditures to be about 56% through August 31, if all transactions occurred evenly throughout the year. This rarely happens as many of our transactions are seasonal. As we have discussed at Council Study Sessions, we are expecting Sales Tax, Planning/ Building Fees and Fines /Forfeitures to fall short of our expectations during this first year. As sales tax reporting codes are corrected and the fines /forfeitures pipeline fills, revenues in future years will be closer to our estimates. Some departmental appropriations within the General Fund have minor changes as we more closely align our budget with our actual operations. Totals by Fund will not change except for the formal budget amendment process which took place in September and will be reflected in the September report. Please note negative amounts in the Unrealized Revenue column indicate we have collected more revenue than we anticipated (Recreation Program Fees). General Fund Revenues: Sales Tax Gambling Tax Leasehold Excise Tax Franchise Fees State Shared Revenues Planning & Building Fees Fines and Forfeitures Recreation Program Fees Risk Management Fund General Fund Expenditures: City Council City Manager Finance Legal Public Safety Administrative Services Public Works Planning & Community Development Parks & Recreation General Government 908/200 1 :29 PM City of Spokane Valley General Fund Budget Variance Report FOR THE PERIOD APRIL 1 - AUGUST 31, 2003 Budget 2003 Actual 4/1 - 8131103 $ 10,000,000 S 2,473,152 $ $ 462,500 $ 167,465 $ S 10,000 $ 2,792 $ S 272,000 $ 160,132 $ $ 528,000 $ 263,194 $ $ 1,214,000 $ 455,783 $ $ 1,099,000 $ 150,748 $ $ 35,000 $ 96,447 $ $ 21,000 $ 8,573 $ $ 13,641,500 $ 122,575 $ 184,167 $ 204,735 $ 137,544 $ 9,557,890 $ 384,674 $ 492,106 $ 1,035,728 $ 971,596 $ 801,885 $ 13,892,900 $ 3,778286 $ 9,863,214 $ 61,739 $ 99,949 $ 100,720 $ 82,082 $ 3,881,852 $ 214,860 $ 208,597 $ 494,846 $ 550,196 $ 665,732 $ 6,360,573 Unrealized Percent Revenue /Exp. Realized 7,526,848 295,035 7,208 111,868 264,806 758,217 948,252 (61,447) 12,427 $ 60,836 $ 84,218 $ 104,015 $ 55,462 S 5,676,038 S 169,814 $ 283,509 $ 540,882 $ 421,400 $ 136,153 25% 36% 28% 59% 50% 38% 14% 276% 41% 2E1% 50% 54% 49% 60% 41% 56% 42% 48% 57% 0 % 7,532,327 46% Other Fund Revenues: Street Fund Arterial Street Fund Hotel/Motel Fund County City Loan Fund Capital Projects Fund Special Capital Projects Fund Street Capitial Projects Fund Sewer Fund Stormwater Management Fund Equipment Rental & Replacement Mirabeau Point - CenterPlace Risk Management Fund Other Fund Expenditures: Street Fund Arterial Street Fund Hotel /Motel Fund County City Loan Fund Capital Projects Fund Special Capital Projects Fund Street Capitial Projects Fund Sewer Fund Stormwater Management Fund Equipment Rental & Replacement Mirabeau Point - CenterPlace Risk Management Fund 9118/2003 1:29 PM City of Spokane Valley Other Funds Budget Variance Report FOR THE PERIOD APRIL 1 - AUGUST 31, 2003 Budget 2003 $ 8,040,963 $ 3,898,527 $ $ 405,000 $ 219,458 $ $ 229,000 $ 82,620 $ $ 50,500 $ - $ $ 563,556 $ 283,132 $ $ 563,556 $ 283,132 $ $ 1,500,000 $ $ $ 1,000,000 $ $ $ 770,000 $ 200,123 $ $ 79,108 $ - $ $ - $ - $ $ 25,840 $ $ $ 13,227,523 $ 3,941,315 $ 400,000 $ 10,000 $ 50,500 $ 550,000 $ 550,000 $ 1,500,000 $ 1,000,000 $ 555,000 $ 70,525 $ - $ $ 8,627,340 Actual 4/1 - 8/31/03 S 4,966,991 $ 8,260,532 $ 231,720 $ $ 538 $ 38,931 $ 4,900 669 276,758 Note: The County City Loan Fund, Street Capital Project Fund, Sewer Fund, Equipment Rental & Replacement Fund, and Risk Management Fund revenues are from interfund transfers that as of this date have not been tranferred. Unrealized Percent Revenue /Exp. Realized 4,142,436 185,542 146,380 50,500 280,424 280,424 1,500,000 1,000,000 569,877 79,108 25,840 $ 3,709,595 6% $ 400,000 0% $ 10,000 0% $ 50,500 0% $' 550,000 0% $ 550,000 0% $ 1,500,000 0% $ 1,000,000 0% $ 554,462 0% $ 31,594 55% $ (4,900) 0% $ (669) 0% $ 8,350,582 48% 54% 36% 0% 50% 50% 0% 0% 26% 0% 0% 0% 38% Spokane 4 ,Ualley Agreements for Services Adopted and in Operation: Street O &M County Maintenance Street O &M WSDOT Engineering County Engineer Storm Water County Utilities Solid Waste Regional Solid Waste Agreements in Progress: • STEP Sewer Program & Wastewater Treatment -- Currently discussing draft interlocal agreement with the County. Capital Projects: • See attached 2003 -2004 Construction Projects report. • TIB Applications: Barker Rd. Widening Project and 24 Ave. Sidewalk Project — Applications submitted 8/29. Maintenance Activity: • Pavement remove & replace projects are underway. • Crack sealing by County crews on University and Dishman Mica proceeding, contracted work on Sprague & Euclid to begin week of 9/22. • Approximately 21 tons of material used for pothole patching and repairs. • Additional sweeping performed on Sprague, Appleway, Sullivan and Argonne and Fancher. • • Approximately 85 utility cut (Right of Way) permits issued for month. Land Development PUBLIC WORKS DEPARTMENT MONTHLY REPORT For the August 15, 2003 • Applications Reviewed /Conditions Prepared: Commercial Projects — 10, Residential Projects -8 • Road and Drainage Plan Review: Commercial — 5; Residential - 5 • Public Hearings — 3 • Pre - Construction Meetings: Commercial — 2, Residential — 3 • Floodplain Issues — 1 Sj�1an�� 2003 PROJECTS Road Construction Projects 16th Avenue - Project 1 Mission Avenue Evergreen Road Road Design Projects 16th Avenue - Project 2 Park Road - Project 2 Sewer Construction Projects Harrington Hillview Acres Pinecroft/Mansfield South Green Acres - Phase 1 Small Works Projects Steen Rd. & 4th Ave. Paving Pierce Rd. Widening Sprague Crack Sealing University Crack Sealing Euclid Crack Sealing 2004 PROPOSED PROJECTS Road Construction Projects Park Road - Project 2 16th Avenue - Project 2 PineslMansfield 24th Avenue Sidewalk Project Sullivan Road & 4th Ave. Signal Sewer Projects Camahan Weatherwood Sipple Owens Veradale Project Location Evergreen to Sullivan Evergreen to Sullivan 16th Ave. to 2nd Ave. (see note 1) Dishman -Mica to SR 27 8th Ave. to 2nd Ave. Vista to Argonne, Cataldo to Harrington Pierce to Pines, Mission to Main Bowdish to Mirabeau Pk., Jackson to Indiana Indiana to Mission & Flora to Long Rd. 4th to Bridge, Steen to Flora 35th Ave. to 37th Ave. University to Sullivan 16th to Dishman -Mica (see note 2) Sullivan to Flora Notes: 1. Construction postponed to 2004. 2. County Maintenance is doing this project. Project Location Road Design Projects Barker Road Reconstruction Boone to Barker Rd. Bridge Barker Road Bridge Replacement Barker Rd. at Spokane River Capital Improvement Projects 8th Ave.,to 2nd Ave. Dishman -Mica to SR 27 Wilbur Rd. to Pines Rd., Pines to 190 Bowdish to Pines Sullivan & 4th 1 -90 to 8th, Havanna to Eastern McDonald to Mamer, Mission to Mallon Dalton to Rutter, Bradley to Vista Vercler to Mamer, 1 -90 to Boone Calvin to Sommer, Springfield to Main Competion Complete Date 1- Oct -03 98% 15- Oct -03 65% 9- Jul -04 5% 3- Mar -04 90% 3- Mar -04 30% 10- Oct -03 90% 10- Oct -03 75% 3- Oct -03 45% 31- Dec -03 0% 12- Sep -03 100% 26- Sep -03 30% 30- Sep -03 0% 20- Sep -03 5% 15- Oct -03 0% Total Total Project Cost $ 4,064,630 $ 2,423,535 $ 2,787,000 $ 1,244,550 $ 1,654,000 $ 3,159,000 $ 2,542,000 $ 373,000 To Bo De6ormined $ 25,190 $ 20,329 $ 90,000 $ 18,383,234 Complete Total Project Cost $ 782,000 $ 1,932,000 $ 675,000 $ 197,300 PE $ 165,000 $ 2,998,200 $ 8,057,615 $ 2,459,000 $ 3,265,000 $ 2,773,000 $ 424,000 $ 2,701,000 Total $ 26,429,115 � 1 SliOkane . Valley Department of Community Development Report for the Month of August, 2003 CURRENT PLANNING PROJECTS As of August 31, 2003 *These figures take into account the balance of projects in process on 7/31/03, plus projects opened in 8/03, minus projects completed in 8/03. Page 1 of 3 . 'Projects Opened , ' ; . Quarter y Totals _ Projects ' Completed' Projects. In Process* Type of Project. July Lots August .Lots Sept. Lots Projects Lots Administrative Interpretation 0 0 0 0 0 Administrative Variance 8 2 10 2 0 Adult Use Licenses 3 6 9 6 0 Horne Profession 1 0 1 1 0 Certificate of Exemption 7 10 22 47 29 57 22 0 Commercial Business Permit 11 11 • 22 11 14 Conditional Use Permits 0 0 0 0 2 Preliminary Regular Plat 0 0 0 0 0 0 0 3 Final Regular Plat 0 0 0 0 0 0 0 6 Preliminary Reg. Plat w /PUD 0 0 0 0 0 0 0 4 Final Reg. Plat w /PUD 0 0 0 0 0 0 0 0 Preliminary Short Plat 1 2 0 0 1 2 0 9 Final Short Plat 0 0 0 0 0 0 0 1 Preliminary Binding Site Plan 0 0 2 42 2 42 0 3 Final Binding Site Plan 0 0 0 0 0 0 0 0 Variances 1 0 1 0 1 Zone Reclassification 0 • 1 - 0 0 9 TOTALS 32 12 44 89 75 101 42 52 � 1 SliOkane . Valley Department of Community Development Report for the Month of August, 2003 CURRENT PLANNING PROJECTS As of August 31, 2003 *These figures take into account the balance of projects in process on 7/31/03, plus projects opened in 8/03, minus projects completed in 8/03. Page 1 of 3 j�•Projectt .- 4 ; `., , April`-June 1 Juty' August Total 2003.. Solid Waste 49 13 6 68 Growth Management Grant $ 14,855.00 20 $ 4,952.00 $ 19,807.00 County Permit Transfers $ 13,500.00 25 4 $ 13,500.00 Map Sales $ 814.55 $ 235.20 $ 270.00 $ 1,319.75 Comprehensive Plan Amendments $ 3,483.00 1 2 $ 3,483.00 Pre - Application Conference Fees $ 122.00 $ 244.00 $ 549.00 $ 915.00 Rezones $ 4,861.00 $ 1,683.00 $ 3,000.00 $ 9,544.00 Preliminary Short Subdivisions $ 3,286.00 1 1 $ 3,286.00 Short Subdivisions $ 2,816.00 $ 561.00 0 $ 3,377.00 Final Subdivisions $ 1,170.00 $ 820.00 66 $ 1,990.00 Preliminary Binding Site Plan $ 3,000.00 $ 3,000.00 Certificate of Exemptions $ 2,979.00 $ 675.00 $ 2,300.00 $ 5,954.00 Change of Conditions $ 1,500.00 $ 1,500.00 SEPA Administration $ 2,275.00 $ 100.00 $ 600.00 $ 2,975.00 Admin. Permits /Reviews /Dets. 5 300.00 $ 1,200.00 $ 1,500.00 Home Profession Application Fees $ 80.00 $ 80.00 Adult Entertainment Licenses $ 1,650.00 $ 450.00 $ 525.00 $ 2,625.00 TOTALS $ 53,691.55 $ 5,968.20 $ 15,196.00 $ 74,855.75 .Type'of Complaint April -June July ' '' August :. • - Total :2003_ Solid Waste 49 13 6 68 Junk Auto 55 20 17 92 Nuisance 47 25 4 76 Animal 16 15 11 42 Illegal Business 14 1 2 17 Signs 4 18 25 47 Illegal R.V. 8 2 0 10 Property 7 1 1 9 Transferred from County 273 0 0 273 TOTAL COMPLAINTS 473 95 66 634 PLANNING REVENUE AND GRANT INCOME - As of August 31, 2003 CODE ENFORCEMENT SUMMARY - As of August 31, 2003 Page 2 of 3 Inspection Type ; . ' 2nd Qtr: .July August . Sept. ,Total Residential Inspections (Combined) 634 302 77 Revenue (Combined) 1,328 Commercial Inspections 53 262 Plumbing Inspection 357 185 143 275 685 Mechanical Inspection 265 128 146 539 Special Inspection 22 19 23 64 TOTAL INSPECTIONS 1,278 687 651 62 2,616 BUILDING PERMITS & REVENUE COLLECTED - As of August 31, 2003 BUILDING INSPECTIONS - As of August 31, 2003 Page 3 of 3 Second Quarter Totals Third Quarter Totals Permits Issued Permits Revenue July August; Sept. Permits ' Revenue Building Permits: Residential 275 44 85 129 Commercial 46 18 9 27 Totals: 321 $ 120,076.29 62 94 156 $ 118,873.06 Plumbing Permits 138 $ 13,953.00 23 43 66 $ 7,927.50 Mechanical Permits 215 $ 16,788.00 51 106 157 $ 13,943.50 Grading Permits 1 $ 98.00 1 1 $ 25.00 Demolition Permits 4 $ 110.00 2 2 4 $ 381.00 Fireworks Permits 2 $ 200.00 1 1 2 $ 100.00 Sign Permits 25 6 11 17 $ 745.00 Miscellaneous Permits 8 $ 4,369.08 8 19 27 $ 1,904.00 UFC Permit Fee $ 55.00 $ 530.09 Fire Alarm Install 2 1 1 Sprinkler Install 2 3 4 7 Plans Check Fee $ 46,980.40 $ 39,616.23 Energy Plan Check Fee $ 962.78 Fire Department Check Plan Fee $ 301.32 $ 320.56 Sprinkler Plans Check Fee $ 745.29 F.A. Plan Check Fee $ 10.00 $ 280.57 Special lnspections $ 353.00 $ 46.00 PERMIT TOTALS 718 $ 204,256.87 158 280 438 $ 185,437.80 BUILDING PERMITS & REVENUE COLLECTED - As of August 31, 2003 BUILDING INSPECTIONS - As of August 31, 2003 Page 3 of 3 Spokane p -J ValYey Memorandum To: Dave Mercier, City Manager and members of City Council From: Tom Scholtens, Spokane Valley Building Official Date: 9/17/2003 8:27 AM Re: August Staff Report — Building Division 11707 E Sprague Ave Suite 106 • Spokane Valley WA 99206 509.921.1000 • Fax: 509.921.1008 • cityhallpspokanevalley.org The Building Division issued 280 permits last month. This is 77% increase over July's numbers. Although Inspection activity dropped by just over 5 %, our inspection staff is continuing to perform 26% more inspections in the last month than the work load I have targeted. The resulting yearly permit revenue totals at the end of August exceed our projected yearly cost recovery budget figure. The 2004 Building Division Budget has been submitted for review and approval. We continue with our Strategic Planning activities. We are now forming goals and constructing action plans to attain those goals. Our October report should contain a draft plan for the Building Division. Article 111 of the Spokane Valley Uniform Development Code is the Spokane Valley Building Code. This document will combine the construction requirements from four different City of Spokane Valley Ordinances into a single document. Article III is scheduled for completion in October. Code Enforcement activities are centered on the new city ordinances. We are attempting to streamline our reactions by developing form letter responses to complaints. We are beginning to track complaint submittal dates and compare them to response dates to develop customer service data. With the onset of new ordinances and the resulting increase in workload we expect customer service levels to drop. *Mime To: Dave Mercier, City Manager and Members of Council Memorandum From: Mike Jackson, Parks and Recreation Director J/ 17, Date: September , 2003 Re: September Monthly Report 11707 E Sprague Ave Suite 106 • Spokane Valley WA 99206 509.921.1000 • Fax: 509.921.1008 • cityhall@spokanevalley.org Administration: • Continued to work with management team on Mirabeau CenterPlace project. • Worked with Spokane County on Mirabeau Meadows project. Construction on the park is nearly complete. A punch list will be developed on September 18. • Assisted Valley Fest with preparations for September 20 event. • Maintained contact with Splashdown. They are exploring funding possibilities. • Visited Fairchild Air Force Base with City Manager to gather information on their contracted grounds maintenance program. • Developed and submitted initial 2004 budget to the finance department. In conjunction with budget, met with MIG Planning for overview on parks and recreation master plan and the funding level for that plan. • Reviewed/approved fall program schedule for recreation division. • Met with members of the Westem Dance Association regarding their lease and the use of the dance hall for City of Spokane Valley programming. • Began planning for Mirabeau CenterPlace operations. Researched reservation and registration software that will serve the entire department, including CenterPlace reservations. • Met with Dave Dewitt, president of Spokane Valley Senior Citizens Center Association and Karen ComeII, Senior Center Specialist. Reported findings to the City Manager and City Council. Will continue to meet and define 2004 operations. City Council is considering an ad hoc committee to address new senior center at CenterPlace. • Continued to take reservations for park pavilions and special events. There were 20 reservations confirmed in September for a total year to date of 113. • The swimming pools closed for the season. Terrace View stayed open until September 1 The total revenues collected for the season is as follows: Park Road Pool: $11,024.00 (June 20 — August 15) Valley Mission Pool: $12,511.96 (June 20 — August 15) Terrace View Pool: $19,963.01 (June 20 — September 1) The 2003 Pool revenues totaled $43,498.97 which exceeded the estimated revenues by approximately $7,153.97. A cost/benefit analysis for the extended season will be completed prior to the 2004 season. • Worked with the County on resolving specific maintenance and operations issues at Mirabeau Springs. The pump that supplies the waterfall has been shutting down due to a clogged intake line. Numerous people were swimming in this area and climbing up the falls — both of which are dangerous. The bridge railing has design problems that contribute to high maintenance and vandalism. Eventually this railing and the decking will need to be replaced. Cost estimates are included in the 2004 budget. • Attended "Conversation with the Community" meeting on 9/17. • Staff developed a vision statement: 'Enhancing our community through a diverse system of people, places and programs' Contracted Park Maintenance: • Tables were moved to particular park shelters for events scheduled at a park. • Mowed the grass at all the Valley parks. • Litter was picked up at the parks. • All Valley parks were watered. • The Terrace View pool was drained. • Graffiti was an issue this week. The Centennial Trail had the biggest issues. The restrooms, bridges and the trail surface all had graffiti on them. • The maintenance crew removed the unused garbage can holders from the parks for safety purposes. • The winds blew a lot of debris onto the Centennial Trail, which had to be cleaned up. • The straw for the Valley Mission coasting hill has been purchased and delivered to the County Parks Maintenance shop. The bales are expected to be put out around the first part of November. Senior Center: • The center participated in the 10 Annual Senior Wellness Conference at the Spokane Convention Center. Over 1,100 people participated, which did not include the 100 vendors and exhibitors. • The three casino trips this month were all full with the seventeen passengers and one driver. Two Rivers gives the Center an incentive back depending upon how much our members play. Last month the Center received a reimbursement check for $81.00. • The ceramics class size has been increased to include an evening class on Monday from 6pm to 8pm. Weekly attendance averages 35 people. • There was another beginning line dance class added. 25 people on average attend both classes. • The Institute for Extended Learning through Community Colleges of Spokane classes started for fall quarter: Senior Fitness 8 -9am with 35 students and Senior Fitness 9 -10am with 20 students. • The writer's workshop began and has published a cookbook along with stories from the students. The cookbooks sell for $15 each and the proceeds go to the Center. There are 20 students enrolled in this class. • Monday, game day, has not taken off for other games but pinochle usually has six tables of four and bridge has three tables of four. • Tuesday bingo remains steady at around 80 each week. • The TuesdaylThursday Nutrition Program meals average 50 each day. • The bridge tournament is held every third Thursday and has twelve tables full on average. • The driver's class through AARP is always full and has a waiting list. The class capacity is 35 a month. • The Alcoholic Anonymous Group has about ten people on average attending. • Pool is still popular. There is definitely a morning and afternoon group. The morning averages 15 -20 and the afternoon averages 10 -15. • The Friday Sing -a -Long is low on attendance. One week there were only twelve people. Currently, interest in this activity is declining. • Wednesday, September 17 at 3 pm there was a celebration for the volunteers who have helped throughout the year. There were certificates made and handed to them to show our appreciation. Broadway Court Estates and Mission Ridge Retirement Communities have provided all the cookies. • The Center is hosting a dance on September 20 and everyone is invited. • Friday, September 26 the Center is hosting a Murder Mystery Dinner Theater. Each board member and Karen is providing a five pound roast. The desserts are being provided by Harvard Park Retirement Community. • The Center received a total of $400 from Farmers and Merchants Bank for support of the above two special events. There has been over $150 worth of tickets sold as of today. • Valley Senior Center hosted the Spokane Senior Directors. The Directors meet once a month and share program ideas. • Ten ladies have joined the "Red Hat Society" and meet the fourth Thursday of each month for lunch and stay to visit and play games. In the future they hope to plan trips with our help and have outings. • We have a photo contest going on that will be judged at the next general meeting in November. • The building is used every night of the week. Bridge lessons with an average of four tables on Thursday. Jazzercise Monday, Tuesday, Thursday and Friday with an average of 25 gals. Wednesday night is beginning ballroom dance with about 15 -20 students. • The Center has advertised two longer trips for the upcoming months. An overnight to Wenatchee and one to Sandpoint. Two folks have made deposits on the Wenatchee trip. These overnights are a new concept for the members at the Valley Center. Recreation: • Completed fall advertising (flyers to all valley public and private schools, insert in Vera Water and Power bills, direct mail flyer to all households in valley zip codes). • Continuing to take fall registrations. • Hired fall staff. • Volunteer recognition reception with Senior Center. • Created volunteer tracking form and follow -up evaluation to keep track of volunteer hours and interests — still seeking volunteer timesheet. • Secured many regular volunteers for programs and continuing to find more. • Continuing to work with high schools and colleges to learn about their volunteer and service learning programs. • Continuing to act as City Liaison for Valleyfest — filled volunteer schedule of City officials, volunteers, and staff to manage our booth at Valleyfest — ordered and received temporary tattoos to be distributed at Valleyfest. • Represented the Parks and Recreation Department on City website committee. • Continuing to work out details with Valley Library related to offering computer classes — solving logistical matters with library and instructor. • Challenges: ➢ schools not knowing enrollment numbers very soon making it difficult to get flyers out to them early enough to help with registration ➢ getting the word out in time to run some of our early programs — next year we will advertise fall programs in early August and probably not run programs until late September or early October ➢ colleges do not start until the end of September, making it difficult to find volunteers for the early programs (probably won't run anything volunteer - driven in September next year) • Program breakdown: • teen night — first week went very well — probably 15 kids, all had fun, planned to tell their friends > special needs night — hasn't started yet — ready to go 9 computer classes — will not start until end of September, but getting lots of interest and sign -ups — mostly seniors ➢ preschool — filled one session and cancelled the other — everyone seems to be interested in the morning timeslot — will be sure to schedule all early childhood programs in order to accommodate more morning preschool sessions > indoor playground — 30 participants signed up as of mid - September, continuing to take late registrations and expect to fill at least 2 sessions > youth tennis — filled to capacity — actually took 1 beyond capacity > teen tennis — not quite filled, but close — 2/3 full > Skyhawks — not started yet — continuing to take registrations • Indoor walking — not enough registrations to run first session, but hope to run the 2" and 3 session — ready to go when we have enough participants • Dance — started and going well — again this is a class that started the second week of September, but Donna's Dance combines our enrollees with hers so we did not have to cancel any classes • Western Dance for kids — does not start yet — taking calls and registrations TO: Dave Mercier, City Manager FROM: Cal Walker, Chief of Police DATE: September 12, 2003 RE: Monthly Report August 2003 MEMO The Spokane Valley Police Department is still working at refining its' reporting to best inform the council and staff of activity within the department. This process will continue to change and grow, and below is this month's contribution. 1 think it would be helpful for the council to be aware of the categories of crimes that we respond to, resolve, and track. The following list is representative of those crimes and the volume associated with each type of crime. It does not at this time include case resolution or clearance rates. These totals come from a monthly activity of 6,172 Computer Aided Dispatch (CAD) incidents. These are calls for service and self - initiated officer contacts. Out of those 6,172 incidents, 1,763 actual reports were taken during the month of August. Attached is a breakdown of those reports. Additionally, there were 1,712 traffic stops conducted that resulted in 309 traffic reports. 1 have also included "hot- spot" maps illustrating the frequency of the particular types of activities that occur within our city, similar to those that were included in last month's report. They include residential burglary, commercial burglary, stolen vehicles, and recovered vehicles. During the early morning hours of August 29, 2003, Spokane County Sheriffs Deputy James Slater was seriously injured in an on -duty accident. He later succumbed to those injuries, and the Spokane Valley Police Department, in their partnership with the Spokane County Sheriff's Office, has been active in dealing with Jim Slater's family. This was a huge loss to this community and to many family members. I want to personally thank the staff and city council of the City of Spokane Valley for the outpouring of support given to all of our officers, and for allowing us to participate in the preparation and ceremonies honoring Deputy James Slater. August 2003 Monthly Report Page 2 ADMINISTRATIVE • Deputy City Manager Nina Regor and I are continuing to work on Department of Emergency Management contract services. • We are also continuing to work on the purchase/lease options for the Spokane Valley Precinct Building. • Staffing levels were unchanged in August, but there are some anticipated changes coming in September (medical leave and position assignment). • Through August 31, 2003, budget projections indicate that we should have used 42,9% of our total 2003 budget (based on a 7 -month contract for 2003), and we have currently expended 42.11 %. This slight increase will likely continue for the next 30 to 60 days. Fuel costs are still of a concern, and 1 would expect that the fuel budget will be a topic of conversation during reconciliation in March of 2004. OPERATIONAL • The new Spokane Valley Police vehicles are nearing completion, and we are anticipating them to hit the streets in September. • Our officers have reached the 90 -day assessment mark on the new 12 -hour shifts, and overwhelmingly appear to be happy with them. We will still monitor the effectiveness of these shifts, as well as the impact on our officers' personal lives. • During the month of August, we ordered and had installed new signage on the windows of the Spokane Valley Police Department. building. This is already helping our citizens to better recognize this facility. COMMUNITY- ORIENTED POLICING • Spokane Valley Police Department is in the planning stages of honoring all of our SCOPE members. There will be an anticipated banquet, which has been planned for September 23, 2003, to occur in the Spokane Valley, bringing recognition to all the faithful volunteers who unselfishly give thousands of hours of service to our community. Hopefully the Spokane Valley City Council and staff will be able to attend and help us to honor these hard - working individuals. More information will follow as we get closer to the date of this event. r � August 2003 Monthly Report Page 3 Cal Walker, Chief of Police CW;pjl • Our agency participated in a great partnership opportunity with the Washington State Traffic Safety Commission, Spokane Valley Fire, and other agencies we hosted a Child Safety Restraint Seat Inspection event. We are now the only area facility to provide free child safety restraint inspections. We encourage the public to do this by appointment, but we also try to be available for occasional drop -in customers. This is a great opportunity to really make an impact in child safety and encourages a positive community contact between our officers and the public. 1 am extremely proud of our agency for stepping up to the plate on this issue. BURGLARY 90 FORGERY 38 MALICIOUS MISCHIEF 131 NON - CRIMINAL 78 PROPERTY OTHER 148 RECOVERED VEHICLES 25 STOLEN VEHICLES 46 THEFT 260 U1OBC 2 VEHICLE OTHER 9 VEHICLE PROWLING 68 TOTAL PROPERTY CRIMES 895 ASSAULT 77 DOA /SUICIDE 12 DOMESTIC VIOLENCE 63 HOMICIDE 0 KIDNAP 1 MENTAL 45 MP 10 PERSONS OTHER 153 ROBBERY 5 TELEPHONE HARASSMENT 13 TOTAL MAJOR CRIMES 379 ADULT RAPE 4 CHILD ABUSE 11 CUSTODIAL INTERFERENCE 20 SEX REGISTRATION F 0 INDECENT LIBERTIES 3 CHILD MOLESTATION 5 CHILD RAPE 2 RUNAWAY 41 SEX OTHER 7 STALKING 3 SUSPICIOUS PERSON 32 TOTAL SEX CREMES 128 DRUG 52 ISU OTHER 0 TOTAL IS 52 TOTAL TRAFFIC REPORTS 309 TOTAL REPORTS RECEIVED 1,763 2003 AUGUST CR1IM1 REPORTS Harvard Co rrigan r v v Kenney Karen Ashton Karr Campbell 'Puel'J tnsi y 2 v Keller Mclhmald \'ercler n 6 W tOP2Ve 1 Y � ■ • • rI t < o�c a mt CV Da argink Srp to ita Dick 2 Ely -42dda . ;addin Grcenacres I Ong �y (Q u locust Center D kta V e Julia Sunnyval -a Larch 1 do x . 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Park Saddle Ridge 0 { 5 L .c 0 4 � f Oj 1 1,i Uycr Eastern Faucher CP ) , u Qy Glenrose r�1 to o, C � C stet 7 Yale Iltu o y Y'� . en • - _( i y Tenrc] Z•J d. 0 v Moran rn 0 0 NtI LT1 Mon rabeau .1‘ Bit . _ IT ;-3 CatalLio Commercial Burglaries August 2003 Low IIIII Medium MEI High rpri Ver eli -t fl 41 (.t 4 .1 trti .1 F ,-,•? 4 A ai — 55th F , nv - 10 S;.arT Alki . :o flth. 16115 19th- 1 I "4; 20th " • 23 . 25t ' 26th 1L 2ttth .9. , Lea - 31st a 3D th 3111 t 4 co 0,74 , 3'7111' cith 3S1h -- 7 CY 5 70, 46th ..t*th 47111 o lirdion (2, Fermi: • ' rnct 13 ---'. Nix - Main F ., d • -r LI 4ift, I 12t1):! 47th H - 5 1 1 11 Lipth- t pi 35 th iFifi.:?1 Map Produced 10 September 2003 0 0.5 1 Mile August Commercial Burglary Hotspots 9 32nd lite o G oin g . 3 Kenney ,., f Karen Ashton -6r I { mry; };art Campbell U `o ] '`k'h� W :u z /o -fa liodges o x Aladdin 7 y " Barker r' No � F (ircenacrr s $, MOM) ,pt bsr,ti Velnx �e � _ 1y N [ {Ctil C } ri Rees > -' s c Iianflc 4 v ° ,s �r F xnruy •-• ' [ � v, m Fvergreener X -- - a Evergreen Mauler lllxkc -' Flake Flake F ' • C Kci ct a Mcnrmald fe Vcrciot 5 PC' \cxth Rim CO 5 " {.Deus! Sipple o G. FI - 6 Sunnyval 3 Larch Son 5 lustriai Park 2nd 1 ti Hunts Eden m Long < . I ong 3 fit 0 Tschirley P. (C) Li Bell •sc c lora Flora c Stern Industrial Park 3th w Raymond I. Ixavana > -o Florida F Myrtle �' '1" c ti ] c u o o hrcya G. r inall v x 4. g Ralph ercler Houk r .t... 6 ri v 0) Hann Le v e —L Chapman F - Pp , ,,, •r Conk lin i,l, " s p �� 6 } � St (_• harles . Ceer . Ntpref �. 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Recovered Stolen Vehicles August 2003 MI Low Medium High 0 0.5 mile August Recovered Stolen Vehicle Hotspots ff, Map Produced 10 September 2003 NIOIPM Spokane Valley Fire Department 2003 Incident Response Information For INCIDENT TYPE VeartoDate ,tan Feb amEmmanimoniummura Mg 21 19 28 Mg ��_�' 5 Oct Nov Dec 11-S Structure Fire Single Response 165 20 13 11 -F Structure Fire 71 9 5 _ 8 10 6 17 11 -W Working Fire 14 3 1 1 0 4 2 1 -- - 13 Vehicle Fire 75 6 6 8 _ 7 14 12 15 _ 14 -UFi Brush Fire -Low 94 3 5 9 10 15 31 18 15-S Trash Fire 12 0 0 2 1 1 2 3 18-S Alarm stem -Single Res..nse 49 4 6 7 5 7 B 19 -F Alarm S stem- Full 226 2B 30 29 21 20 25 ! 29 31 -A/13 BLS EMS Alarm 1469 159 145 168 138 210 249 208 31 -CID ALS EMS Alarm 1645 203 205 259 237 247 247 215 MUM 31 -F 2nd alarm EMSIMass Casualty 0 10 0 1 0 1 0 0 0 1 0 3 0 1 0 1 0 2 35 -F Extrication 36-F Water Rescue 1 0 0 0 0 0 0 1 0 37-F Tech Rescue 0 0 0 0 0 0 0 0 0 40 -1 Hazmat Investigation _ 57 3 4 6 9 __ B 8 17 40 -F Hazmat Full Response 4 0 0 1 0 3 0 0 0 46 -AIB Auto Accident - Unknown in uries 350 41 35 30 48 47 43 55 46 -CID Auto Accident - Life Threats 49 6 2 4 7 9 3 10 50-$ Service Call 77 4 13 6 6 3 12 23 10 MONTHLY TOTAL 4572 492 472 559 519 598 812j 664 656 SpokaneValley Fire Department 2003 Response nse lnf rmati n For City of Spokane Valley