2003, 10-28 Regular MeetingTuesday, October 28, 2003
CALL TO ORDER
1. PUBLIC REARING: CDBG Project Rev iesv
(1) Open Public Hearing
(2) Citizen Comments on Project
(3) Close Public Hearing
AGENDA
SPOKANE VALLEY CITY COUNCIL
REGULAR MEETING
CITY HALL AT REDWOOD PLAZA
11707 East Sprague Avenue, First Floor
Council Requests AU Electronic Devices be Turned Off During Council Meeting
2. CONSENT AGENDA Consists of items considered routine which are appr wed as a group. A
Councilmembcr may remove an item from the Consent Agenda to be considered separately.
• Approval of Regular Council Meeting Minutes of October 14, 2003
b. Approval of Study Session Minutes of October 21. 2003
c. Approval of Claims: S166,103.97
d_ Approval of Payroll: S103,099.52
e. Resolution 03 -050 Regarding Posting of Agenda Notices
3. OLD BUSINESS: Consideration to take motion from the table:
Hotel/Motcl Ratification Tourism Allocations
NEW BUSLNESS
4. Proposed 13c%nd Ordinance No 03-084 — Second Reading [public comment]
5. Proposed Franchise Ordinance No. 03-085 for One - EIGHTY Networks, Inc. - First Reading
[public comment]
6. Proposed Property Tax Ordinance No. 03-086 Fixing Amounts to be Raised — First Reading
[public comment]
Council Agenda 1048 -03 Regular Mccting f' !: 1 or 2
6:00 P.M.
PLEDGE OF ALLEGIANCE
INVOCATION
Pastor Steve Williams, New Life Assembly of God
ROLL CALL
APPROVAL OF AGENDA
LNTRODUCTION OF SPECIAL GUESTS AND PRESENTATIONS
COMMITTEE, BOARD. LIAISON SUMMLARY 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.
7. Proposed Ordinance No. 03 -087 Adopting Commute Trip Reduction Plan for Major Employers -
First Reading [public comment]
8. Seven Proposed Ordinances approving Comprehensive Plan Amendments - First Reading
[public comment]
9. Motion Consideration Approval of Assignment Agreement with Tan Moore Architects
PUBLIC COMMENTS (Maximum of three minutes please: state your name and address for the rreord)
ADMINISTRA'T'IVE REPORTS: [no public comment]
10. Report on Proposed Activities in the Urban Growth Area (VGA) between the Spokane Valley
and Liberty Lake
11. Proposed Intergovernmental Agreement with Spokane County for Implementation of Commute Trip
Reduction Plan [public comment]
12. STEP Agreement and Sewer /Stormwater Ordinance Report
INFORMATION ONLY: fno public comment]
13. Year 2003 Annual Report on City 1- latrine Examiner System
14. Minutes of PlanningCommission
15. Cable Advisory Board Membership
16. Status of Previous Public Comments/Concerns
17. Department Monthly Reports
ADJOURNMENT
FUTURE SCHEDULE
Regular Council Meetings are held the 2' and 4 Tuesdays of the month, beginning at 6:00 p.m.
Council Study Sessions are held on the 1 3' and 5th Tuesdays of the month. beginning at 6:00 p.rn.
Other Upcoming Meetings/Events:
Thursday, November 6, 2003 - Joint Meeting: City Council and Spokane ['alley Planning
Commission. 6:00 p.na, Spokane Valley Council Chambers
Wednesday, November 12, 2003 - Regular Council Meting (NOTE: Nov 11, 2003 Regular meeting
day falls on holiday, Veteran's Day - meeting moved to Wednesday, November 12)
Wednesday, November 12, 2003 - Publk Nearing on Spokane Valley Budget, 6 :00 p.m. during
Regular Spokane Valley City Council Meeting
Council Agenda 14 -2&Q3 Regular Moroni P:cuc 2 of 2
CITY OF SPOKANE VALLEY
Request for Council Action
Meeting Date: October 28, 2003 City Manager Sign-off:
Item: Check all that apply: D consent ❑ old business ❑ new business I. public hearing
❑ information ❑ admin. report ❑ pending legislation
AGENDA ITEM TITLE: Community Development Block Grant Applications
GOVERNING LEGISLATION: Federal Department of Housing and Urban Development
PREVIOUS COUNCIL ACTION TAKEN: Earlier this year the City Council approved a motion
to become a member of the Spokane County CDBG Consortium and Mayor DeVleming has
made appointments to the Housing and Community Development Advisory Committee.
BACKGROUND: The City of Spokane Valley became a member of the CDBG Consortium,
which gives the City the ability to apply for CDBG funds from Spokane County on a competitive
basis. City staff has identified a number of projects that would be appropriate applications for
CDBG funds, A summary of those projects follows:
Project 1: CenterPlace at Mirabeau Point - Accessibility
The CenterPlace project includes design elements intended to provide handicap access to the
CeriterPlace facility. While the overall construction of the facility is not eligible for CDBG
funding, provisions in the facility for accessibility are eligible. Staff is working with the project
architect to determine what components (i.e. elevator) are part of the CenterPlace facility that
address accessibility, Onoe the accessibility items are identified and costs assigned, a CDBG
application will be completed to request CDBG funding for the specific access related
improvements.
Project 2: Comprehensive Plan - Economic Development Element
The City is required to develop a comprehensive plan within 3 years of incorporation. One of
the required comprehensive plan elements is an economic development element. The
economic development element can provide the city a roadmap through identifying strategies
and implementation actions that enhance the community's ability to attract and retain quality
businesses and employers. Economic Development planning is a high priority on the County's
Priority Needs Table; however, the funding for planning projects is limited by HUD requirements.
Proiect 3: Comprehensive Plan — Housing Element
Another required element of the City's comprehensive plan is a housing element, The housing
element provides the City with a cornerstone of an overall housing strategy that meets state and
federal requirements, but also provides the City's residents with housing resources that may not
otherwise be available,
Protect 4: Sanitary Sewer Proiect - Pave Back Program
Sewering of Spokane Valley is an ongoing project. In 2004 three areas within the City have
been identified for installation of sanitary sewer Lines_ This application would request funds to
repave the entire street section rather than patching the area excavated for the sewer tine_ This
funding can only be used in areas where Low and moderate income households comprise 49.2%
or greater of all households. This is referred to as an "area- wide" benefit. Staff is in the process
of determining the scope of this application based on 2000 Census data. Street projects are
considered a high priority on the County's Priority Needs Table.
Project 5: Various Street Projects - City's 6 -Year Transportation Improvement Program
In June, the City adopted a 6 -Year TIP that identified street improvement projects that the City
will construct over the next 6 year period. Staff is in the process of analyzing the identified
street projects for 2004 to determine if all or portions of the proposed projects fall within areas
that meet the HUD threshold for low- and moderate- income area wide benefit. Once that
determination has been made an appropriate application will be submitted to the County for
consideration. As noted in Project 4 above, street projects are considered a high priority by the
County.
RECOMMENDED ACTION OR MOTION: Receive public testimony related to the above
proposed projects and other projects identified during the public hearing. Direct staff to
complete appropriate CDBG applications for consideration by Council at the November
4, 2003 Council meeting. CDBG applications are due to Spokane County on November
14, 2003.
BUDGET /FINANCIAL IMPACTS: Anticipated to have a positive budget impact. Final
determination is dependent on CDBG funds ultimately awarded to the City.
STAFF CONTACT: Greg McCormick, AICP - Long Range Planning Manager
ATTACHMENTS:
Census Block Group Map
DRAFT
MINUTES
City of Spokane Valley
City Council Regular Meeting
October 14, 2003
Mayor DeVleming called the City of Spokane Valley Regular Meeting to order at 6:00 p.m.
Attendance:
Councilmcmbers: Michael DeVleming, Mayor
Diana Wilhite, Deputy Mayor
Dick Denenny, Councilmember
Mike Flanigan, Councilmember
Richard Munson, Councilmember
Gary Schimmels, Councilmember
Steve Taylor, Councilmember
Staff. Present: Dave Mercier, City Manager
Nina Regor, Deputy City Manager
Stanley Schwartz, City Attorney
Cary Driskell, Deputy City Attorney
Ken Thompson, Finance Director
Mike Jackson, Parks & Recreation Director
Marina Sukup, Community Development Director
Neil Kersten, Public Works Director
Greg McCormick, Long Range Planning Manager
Kevin Snyder; Current Planning Manager
Tom Scholtens, Building Official
Chris Bainbridge, City Clerk
PLEDGE OF ALLEGIANCE: Mayor DeVletning led the Pledge of Allegiance.
INVOCATION: Pastor Steve Farnworth of Livingwater Community Church gave the invocation.
ROLL CALL: City Clerk Bainbridge called roll.
APPROVAL OF AGENDA: City Manager Mercier requested an additional item under New Business,
Item #7A, which will provide Council an opportunity to consider a motion on the matter of issuing a letter
of support for a hid for the National High School Rodeo Championships to be held in the community
during 2008 and 2009. It was moved by Deputy Mayor Wilhite and seconded by Councilmember
Denenny to approve the agenda as amended. Vote by Acclamation: In Favor: Unanimous. Opposed:
None. Abstentions: None. Motion carried.
COMMITTEE., BOARD, LIAISON SUMMARY REPORTS:
Deputy Mayor Wilhite reported that she attended the Economic Development Board Meeting where their
agenda for the year was discussed; she also attended Walk To School Day to promote safety for children
walking to and from school.
Councilmember Taylor said that he attended the Inland Northwest Technology Council (INTEC) Board
meeting as the new ex- officio board member representing the City.
Councilmember Denenny mentioned that the Spokane Transit assembled a committee to look at the
allocation of seats on the board, and as a result of that meeting, the City of Spokane Valley now has two
Council Minutes 10 -1403 Page 1 of 6
Date Approved by Council:
DRAFT
seats on that Board; that he also attended the Convention Visitor's Bureau meeting pertaining to tourism
patterns within this region.
Councilmember Munson reported that he attended the GMA Steering Committee of Elected Officials, that
two members of our council were seated as members of the Committee, and that it was decided not to
disband the committee. Councilmember Munson said he received an interlocal agreement which will be
placed on a future study session for council consideration. Councilmember Munson also reported that he
attended the HUD Board where proportionate representation for the City of Spokane Valley was
discussed, and a recommendation was issued to the County Commissioners that Spokane Valley have
three members on that board, to be appointed by this council. Councilmember Munson also announced
that on October 3 he attended an Association of Washington Cities meeting and gathered information on
preparing information and an approach for border cities to be able to compete more effectively with other
neighboring cities.
MAYOR'S REPORT: Mayor DeVleming announced that the first "Pizza with the Mayor" is scheduled
for October 20 at West Valley; the Mayor also thanked everyone in the community for their contributions
to the upcoming tree lighting ceremony scheduled for December 4 and asked for volunteers to help with
the event; and mentioned that there will be a fundraiser community dance with the help of Oldies 101, to
be held November 1' at University City.
PUBLIC COMMENT:
Maxine Espelund, 11019 E. Sundown Drive: spoke in reference to the previous issue of Hollow Court and
questioned the type of business and the ownership.
Lonnie Helmes, 14014 E. Rockwell Avenue: discussed issues with the Rock Company in relation to noise,
dust, health problems, land stability, etc; he mentioned that there are no fences or signs and it could be
dangerous if c hildren were to play in that area; he also brought in a video tape, and a petition from his
neighbors for action against the RPC Rock Barn.
Craig Heaton, 4119 S Hollow Court: spoke to the same issues at Ms. Espelund above and the previous
issues relative to Hollow Court; said that the Moose van can be seen unloading materials and that he feels
permits and licensing should be acquired before the business begins operation.
Scott Lanes, owner of Hotteez Nightclub: spoke to problems dealing with the police department and the
effect police actions are having on his customer base; that there are too many police officers in his area
and not enough patrolling the drug houses; also mentioned that he pays twice as much tax money when
buying and selling alcohol as compared with a liquor store.
Darvle Thom, 4109 S Hollow Court: said the previous owner of the Hollow Court property had tried to
build an outbuilding which was denied because the floodplain runs through the property; he also
distributed a copy of a map showing the area of the flood plain.
Mayor DeVleming said staff will research these concerns and report back to council at a later date.
1. PUBLIC HEARING: Mayor DeVleming opened the public hearing at 6:25 p.m. and asked for staff
presentation.
Finance Director Thompson discussed the revised 2004 projected revenues, and said that the 2004
estimates are based on experience during 2003 and estimates provided by the State of Washington and the
Municipal Research and Services Center. Director Thompson added that the 2004 estimates of fines and
forfeitures were significantly reduced based on collections to date. Deputy City Manager Regor then
Council Minutes 10 -14 -03 Page. 2 of 6
Date Approved by Council:
DRAFT
discussed the draft chart of fees and further changes as indicated. Deputy City Manager Regor also
brought council attention to the accompanying fee comparison chart. Mayor DeVleming mentioned that
during the October 21 Study Session, council will have opportunity to discuss these fees at length. Mayor
DeVleming then invited public comment; none being offered, Mayor DeVleming closed the public
hearing at 6:45 p.m. [Councilmember Munson left the room.]
2. CONSENT AGENDA: After City Clerk Bainbridge read the Consent Agenda, it was moved by
Mayor DeVleming and seconded by Deputy Mayor Wilhite to approve the consent agenda as presented
[Councilmember Munson returned to the dais.] Vote by acclamation: In Favor: Unanimous. Opposed:
!None. Abstentions: None..Nfotion carried.
3. Nuisance Abatement Ordinance No. 03 -083 Second Reading: It was moved by Mayor DeVleming
and seconded by Councilmember Flanigan to approve Ordinance No. 03 -083. Deputy City Attorney
Driskell explained two changes since council's last review: page 5, section 4F dealing with compost piles;
and page 7 section 4P with added language to clarify dust from farming Mayor DeVleming invited
public comment; none was offered. Vote by acclamation: In Favor: Unanimous. Opposed: None.
Abstentions: None. Motion carried.
4. Bond Ordinance No. 03 -084 First Reading: It was moved by Councilmember Denenny and
seconded by Councilmember Flanigan to advance Ordinance 03 -084 to a second reading. Attorney
Ormsby briefly explained the status of the financing, commended staff, Lehman .Brothers, and Seattle
Northwest Securities for their diligence; and then highlighted the bond issues as contained in the
ordinance. Attorney Ormsby explained about the City's commitment to provide ongoing disclosure as
required by the SCC, that since the City has not committed to an insurer for this issue, there is a portion of
the ordinance which may change between now and the final reading. Attorney Ormsby stated that
delegation authority is provided to the City Manager to execute the bond purchase agreement, it sets forth
certain parameters relative to financial guidelines which council expects to be met prior to signing the
agreement; and that providing that delegation gives the underwriters more flexibility on when they go into
the market with these bonds, which puts the City in the best position to achieve the lowest interest rate.
Mayor DeVleming invited public comment; none was offered. Vote by Acclamation: In Favor:
Unanimous. Opposed: None. Abstentions: None. Motion carried.
5. Proposed Resolution No. 03 -049 Extending Annexation for One Year to Fire Districts No. 1, 8, 9:
It was moved by Councilmember Munson and seconded by Councilmember Flanigan to approve
Resolution 03 -049. Deputy City Manager Rcgor offered background on this issue as noted in her
October 14, 2003 Council memo, and stated that a temporary annexation may be extended for one
additional year to give cities additional time to analyze the various fire service alternatives, and this draft
resolution will extend that temporary annexation through 2004. After discussion concerning a possible
election, Deputy Manager Regor stated she will come back later to council with viable election dates and
projected costs, and added that the next step will be an evaluation of fire service options. Mayor
DeVleming invited public comment; none was offered. Vote by Acclamation: In Favor: Unanimous.
Opposed: None. Abstentions: None. Motion carried.
6. Motion consideration: Clarification of Intent and Reaffirmation of Planning Commission
Appointments: City Attorney Schwartz explained that Ordinance 35 provides that Planning Commission
terms expire on the thirty-first (31) day of December; but that clarification is needed if year 2003 or 2004
was intended as the first expiration date. It was moved by Deputy Mayor Wilhite and seconded by
Councilmember Flanigan that the Planning Commission members he reappointed for their identified
terms, effective December 31, 2003, with the understanding that their respective appointments and
terms be measured from December 31, 2003 and not April 15, 2003. Mayor DeVleming invited public
Council Minutes 10 -14 -03 Page 3 of 6
Date Approved by Council:
DRAFT
comment; none was offered. Vote by acclamation: In favor: Unanimous. Opposed: None.
Abstentions: None. Motion carried.
7. Motion Consideration: Hotel/Motel Ratification of Tourism Allocations: It was moved by Mayor
DeVleming and seconded by Councilmember Flanigan that hotel/motel tax allocations for the YMCA
Skate Park and Spokane Valley Junior Soccer Association Concession Stand facility development be
modified so that the distributions are instead used by the above entities for tourism marketing as set
forth in the materials filed with the City Clerk. City Attorney Schwartz explained that when council
approved the hotel/motel fund allocations, the YMCA Skate Park received one award, and another award
was issued to the Junior Soccer Association for a concession stand facility. Attorney Schwartz said the
law is explicit when investing in tourism facility, and that the council is authorized to make such
investment provided that the City has a legally identifiable interest, such as a partnership, joint venture,
lease agreement, etc. When this matter was later discussed, it was revealed that liability, negotiation,
contract and time issues would surface were we to identify an identifiable interest in these facilities. To
avoid such legal issues, staff contacted the two entities and suggested the funds be used for a different
budgeted purpose. Attorney Schwartz said that these entities will take the same allocations and simply
use the funds for tourism marketing or promotion, which is fully consistent with state law. The award
will remain the same, and entity receiving the award will remain the same, but the purpose will change.
Councilmember Taylor said this changes the arguments and discussions of how and why the allocations
were first decided upon; and if a change were made now, it might be better if those funds were put into a
regional type of marketing; and therefore, these two allocations should be re- discussed.
Councilmember Denenny asked of the intent of the entities and Attorney Schwartz said these entities
already have funds set aside for tourism marketing and that those funds can be shifted into facility
development thus enabling the award of funds from the City to be used for marketing. Councilmember
Denenny said he would like that assurance stated in a letter from each entity and would also like to see a
budget of how their current funds will be used.
Mayor DeVleming invited public comment; none was offered.
Councilmember Munson said he feels allocation of these funds will help bring tourism into the Valley
and would therefore be a proper use of the funds. Councilmember Flanigan said that in order for money
to be allocated for facilities, it requires the governing agency to have an ownership in the facility; and that
our insurance company said the City would be open to liability issues if the City had ownership especially
in a skate park facility; so that funds allocated for advertising and promotion of those facilities (which is
already budgeted), would simply be shifted to the facility, which still leaves all with the same end result.
Councilmember Flanigan said that the goal of the council was to assist in these facilities in order to attract
tourism to the community; and that he has been in contact with both entities and letters are forthcoming
asking that funds be switched to marketing.
It was moved by Councilmember Denenny and seconded by Councilmember Taylor to table this motion
until a response and budget are received from both entities. Vote by Acclamation: In Favor: Mayor
DeVleming, Councilmembers Denenny, Munson, Schimmels, Taylor. Opposed: Deputy Mayor
Wilhite, Councilmember Flanigan. Motion carried Previous motion tabled
7a. Letter of Endorsement/Support: Councilmember Flanigan explained that he received a request for
Council endorsement of the Spokane County Fair and Exposition Center and the Spokane Regional
Convention and Visitor's Bureau in their efforts to secure the National High School Rodeo to be held in
July of 2008 and 2009, and added that this most recent rodeo in San Juan brought an estimated three
million in expenditures into the community, and that this event falls in line with efforts to bring various
Council Minutes 10 -14 -03 Page 4 of
Date Approved by Council:
DRAFT
entities in the community. It was moved by Councilmen:her Flanigan and seconded by Councilmentber
Munson to endorse this letter of support. Mayor DeVleming invited public comment; none was offered.
Vote by Acclamation: In Favor: Unanimous. Opposed: None. Abstentions: None. Motion carried.
PUBLIC COMMENTS: Mayor DeVleming invited further public comment. None was offered.
ADMT`ISTRATIVI± REPORTS:
8. Community Development Block Grant (CDI3G) Project Ideas: Long Range Planning Manager
McCormick explained that earlier this year, Council took action to participate in the Spokane County
CDBG Consortium, and as a member of that Consortium, the City has the ability to apply for CDBG
funds. Manager McCormick explained the limits on the allocation of funds, and mentioned such funding
options as CenterPlace, adding that he and Director Jackson will discuss this further for possible funding
requests. It was also noted that a public hearing on this issue will be held October 28 with a formal vote
on submissions of applications scheduled for November 4.
9. Draft lnterlocal Agreement for Commute Trip Reduction Program: Deputy City Attorney Driskell
explained the guidelines and statutes governing this program, as outlined in his accompanying memo, and
added that within the next few weeks, the draft ordinance will be presented in final form for council
consideration.
Other Comments:
City Manager Mercier mentioned that our resolution 02 -05 addresses posting of notice for agendas and
public hearings at several locations such as the County Library and two post offices; and that staff will be
making suggestions to rely on other language already in the resolution to physically post notices at City
Hall and at such other places as City Council may direct. City Manager Mercier added that as our web
site matures, many members of the community will have the ability to access various data there as well.
City Manager Mercier also mentioned that he received a public records request from the Spokesman
Review; that staff has responded to four of the five points of interest, and that regarding the fifth part,
which asks for an opportunity to review and/or copy councilmembers' e-mail between August 1 and
December 30 of this year, that staff is undertaking a process to make those e -mails available. City
Manager. Mercier added that he hopes to be able to take a direct copy of all those transmissions, review all
transmissions to determine which matters might be prevented from disclosure, then invite the media to
review the records requested.
In further response to the Hollow Court issue, Current Planning Manager Snyder advised that as a matter
of policy and practice, additional information such as evidence of ownership is not requested when
citizens apply for a building permit, and that staff relies upon information received at the time of the
permit process. Manager Snyder mentioned that no business was being conducted at the time of the
inspection, although the applicant did state intent for acquiring a conditional use permit, which permit
application procedure requires that a public hearing be held. In preparation for such public hearing,
notice will be mailed to residents within 400 feet of the business, notice will be placed in the Spokesman
Review, and a notice will be placed on the property. Manager Snyder said he will check further in
reference to the floodplain issue.
Mayor DeVleming opened the floor for further comments:
Jim Ferrell, owner of the property, stated that he feels there is misconception of what his business is; that
it is not a repair business and that 98% of his work is done in the field; that he sells and services
equipment, and that the shop that is being built is not going to be for working on any cars except his own.
Mr. Ferrell added that the shop will include a bathroom, two bays, and an automotive lift for his own use
and he will not bring in and will not work on other people's vehicles; there will be no sign on the building
Council Minutes 10 -14.03 Page 5 of 6
Date Approved by Council:
to indicate it will be a business, although he did mention to a neighbor the idea of placing a picture of a
cartoon moose on the building. Mr. Ferrell said he is trimming the building to match his house and wants
the appearance to be residential, and that he does not want a business in his backyard either. He stated
that his mother -in -law Jean Miller owns the property and she will be living there too, as will an aunt of
his; and that his presence will be there to help with their needs as well. He stated that the moose van
comes and goes and that he did bring ladders as he is currently remodeling the house as there was
previously a beauty shop in the basement and a satellite business on the main floor.
There being no further business, it was moved, seconded, and unanimously agreed upon to adjourn. The
meeting adjourned at 8:12 p.m.
ATTEST:
Christine Bainbridge, City Clerk
DRAFT
Michael DeVleming, Mayor
Council Minutes 10 -14 -03 Page 6 of 6
Date Approved by Council:
Attendance:
Couuci1m embcrs:
Michael DeVterning, Mayor
Diana Wilhite, Deputy 'Mayor
Dick Dericnny, Councilincinber
Steve Taylor, Couincilmember
Mike Flanigan, Councilmember
Richard Munson, Cou n ci lm em b er
Gary Soh immels. Councilmember
DRAFT
MINUTES
City of Spokane Valley
City Council Study Session
October 21, 2003, 6:00 p.m.
Sta ff:
Dave Mercier City Manager
Nina Regor, Deputy City Manager
Ken Thompson, Finance Director
Marina Sulcup, Community Development Director
Neil Kersten, Public Works Director
Mike Jackson, Parks c Recreation Director
Cal Walker, Pollee Chief'
Cary Driskell, Deputy City Attorney
Tom Scholtens, Building Official
Kevin Snyder, Current Planning Manager
Karen Kendall, Assistant' Planner
Sue Pearon, Deputy City Clerk
Chris Bainbridge, City Cleric
Mayor . DcVlcming opened the meeting at 6:00 p.m., welcomed all in attendance, reminded everyone
that this is a study session and there }w'iII the no )public comments, and requester) that all electronic
devices be turned off for the duration of the meeting.
Current Planning Manager Kevin Snyder introduced employee Karen Kendall, the new A.ssistant Planner
most recently from Olympia- Council and staff 'welcomed Karen to the City-
Appointment: 11 was moved by nnayor .De J/lelning and seconded by C'o tmcihnentber Danenny to appoint
Diana l ilNte lo the second position on the Spokane Transit Authori#y Board Vote by Acclamartion. In
Favor: noo ilr(JLlfi. Opposad: None- ..Absta+7i ons; ) forion carried
1. Proposed Franchise Ordinance for OneElGW]'Y Networks, Inc.
Deputy City Attorney Driskel I explained that this franchise is similar to the franchise granted to Columbia
and FMAN networks, and that this company is strictly an internct service provider. Discussion came up
about a 9` Circuit decision of a case remanded to the FCC concerning broadband se, Attorney
Driskell said he is unfarrniliar with that. case and can research to see iF that case would have any bearing
here. It was agreed to place this item an the next council agenda for a first reading.
2. Council Budget Discussion; Outside Agency }' unding: 'Fee Resolution
.Deputy City Manager Regor explained that Couricl] previously heard presentations from several agencies
requesting funding for various programs; and that since that request, a request for funding has also been
received from Friends of Centennial Trail, representing a total request of $302,000. Ms, Regor explained
that as a starting point for that discussion, staff proposes the following initial amounts:
Agency Agency Request City's Proposed :Funding ng Amount
international Trade Alliance 35 23,679
Chase Youth commission 60-000 0
Economic Development Commission 100.000 41,543
Project Access 102 5,000
Valley Connnnl Cenler 4.000 4,000
Friends of Centennial trail 1.000 ! 0
TOTAL 302.000 75,222
Study Sessiau Miirutes 10-21-00 Doge 1 of
Dale Approved by Council:
DRAFT
Lengthy discussion ensued regarding the change in the proposed funding amount from $120,000 to the
$75,222; how to allocate the funds, examining the projects on individual merits; using a formula to
determine the funds per entity; criteria for selecting which requests to fund; and whether to include the
fundine, for these requests in the 2004 budget
.Tt was proved by Mayor De Ming and seconded by Deputy Mayor IVO:ire ro establish this budget fwrd
at sI00,000_ Vote by Acclamation. .rrrr Favor: Mayor De filming, Deputy Mayor Wilhite,
Councilmembers Schimmels, Munson, Denenny, Flanigan. Opposed. Councifrrrerrrher Taylor_ Motion
carried.
was later moved by Crouncilmember Taylor and seconded by Deputy Mayor Wilhite to strike the requcsl
from the Centennial Trail. Vote by Acclamation, In Favar. Deputy .1Ivfcyor *rlhite ouncllrnembers
Taylor and Denenny. Opposed: Mayor Defleming, Councihnembers Schtmmefs, Flanigan, and Munson.
Motion fails.
Ft was moved by Councilmember Denenny to allocate an additional 320,000 to Project Access with the
balance [34,778] to the Chase Youth Commission, Councilmernbcr Munson said he feels more time is
needed to analyze these proposals. Vote by Acclamation: In Favor: C.'ounci/members Denenrry, Taylor,
Schimmels, Opposed. Mayor. De leasing, Deputy Mayor Wilhite, C'ouncihnerrrbers Planrgan and
Munson_ Motionr Emig .
Mayor DeVleming suggested each councilmember analyze suggestions for the additional funds ($24,778)
and come with those suggestions for the next study session; that councilmembers should re- allocate the
total $10 {],000 funds to each entity in any manner they feel appropriate, and bring back to the next study
session for additional deliberation.
Deputy City Manger Regor then began discussion on the proposed fee chart to accompany rt new
resolution. Questions arose concerning the home occupation permit and process and Community
Development Director Sukup explained the criteria and permit process for a home occupation permit.
After further discussion concerning the fee schedule in general, it was Council consensus to move the Fee
schedule forward in the budget process.
3. Introduction to Preliminary Budget
City Manager Mercier explained that this is a formal introduction to the proposed preliminary budget for
the coming fiscal year and is a result of staff combined efforts to identify revenues and proposed realistic
expenditures in balance with proposed revenues. Mr. Mercier then highlighted the budget outline dated
October 21, 2003, and explained that the budget process for 2005 will begin shortly with a possible retreat
in February, budget meetings in March, and finalization of the 2005 budget mid November 2004. Mr.
Mercier brought council attention to the various charts in the notebook and said this notebook will be
used throughout the remainder of the budget cycle as adjustments are made to the budget. •
Mayor DeVieming called fora recess at 7:32 p.m.; Mayor De ieming reconvened the meeting at 7:50
p.m.
4. Library Service Options and Draft Interlocal Agreement_
Deputy City Manager Regor explained that the area now comprising Spokane Valley was part of the
Spokane County Library District, and that under state law, that area was removed from the District upon
the City's incorporation, After Ms. Regor introduced members of the Library District, she explained the
long and short term options as per her October 1 5, 2003 memo. Discussion :hen ensued regarding the fate
of the library district based on any of the options presented. Mr. Wirt explained that they serve
approximately 230 people and they remain as a district if the City and District signed a contact.
Councilmembers expressed their desire to keep the district_ ivlayor DeV Leming suggested pursuing option
Study Scss ion Minuses I -21 U3 Page 2 of4
Date Approved by Counci I:
DRAFT
2, 3, and 4 in order to give the City the most flexibility for the short term. It was council consensus to
keep library services. City Manager Mercier added that annexation would be a more straightforward
option, that other options would require further research and staff will gather additional information and
bring this matter back to council with a recommendation; he also said that he wants to assure the public
there will be library services for 2004. Because of the time constraints in not being able to annex for
2004, City Manager Mercier said he feels the easiest option at this point is to continue via contract, and
that this platter is scheduled again for the November 18 council meeting.
5. Wastewater Issue Discussion.
Public Works Director Neil Kersten discussed the wastewater issues mentioned in his cover letter to
council (Request for Council Action dated October 21, 2003), and added that staff now needs to weigh
the pros and cons of the site. Director Kersten mentioned that the Technical Committee will meet again
tomorrow and they intend to make another recommendation on how best to proceed, and whether to go
with Playfair or with the Stockyard site. Director Kersten said that an Environmental impact Statement
would be necessary for the Playfair site at an approximate cost of $200,000 to $300,000; that DOE
indicates if the EiS looked good they don't appear to have any problems, but that the final draft will be
presented after the technical committee meets and makes decisions on recommendations. Director
Kersten also brought Council's attention to the "draft" letter from the County dated October 14' Bruce
Rawls then spoke in reference to a threshold for how to use the loan and that threshold deals with
exercising the option on Playfair, and to sign the loan agreement, we must have an approved iiS; that it
takes about two months to execute the loan agreement, and about six months to compile. a report; and that
if the City is interested in Playfair we need to make a decision soon.
6. City Legislative Agenda.
City Manager Mercier explained that he would like to take this opportunity to elicit ideas and suggestions
from Council in terms of legislative activity in Olympia; that the Washington State legislative short
sessions begins in January and there are certain policies that limit the number of pieces of new legislation;
that this is an opportunity to begin to identify if Council has specific legislative programs in mind for
conducting next year. Councilmember Flanigan suggested issues of concern such as border communities
and associated tax relief, and issues concerning the Public Facilities District. It was also mentioned that
we should consider having Spokane Valley representation on the legislative committee.
7. Advance Agenda Additions.
Mayor DeVleming mentioned that although three councilmembers will be attending the National League
of Cities conference December 9, there would still be a majority of councilmembers to attend the regular
City meeting that date. Councilmember Denenny asked to include a presentation on the November 18
study session concerning the International Trade Alliance.
8. City Manager Comments.
City Manager Mercier reported on the highlights of his San Francisco trip and said that they anticipate
receiving a rating about October 27 with completion of bond sales by mid- November. In budgetary news
from the County, Mr. Mercier said as they look to balance their budget, the jail budget has been
significantly reduced and means of accomplishing that reduction would be to take staffing currently at the
sub - facility and move them all downtown which would effectively close the - jail facility on Sprague. City
Manager Mercier added that this Sunday would be the last day of that facility's operation and that we
have a separate jail contract apart form law enforcement agreement which deals with allocation of
expenses.
Study Session Minutes 10.21 -03 Page 3 of 4
Date Approved by Council:
There being no further business, it was moved, seconded, and unanimously agreed upon to adjourn. The
meeting adjourned at 8:55 p.m.
ATTEST:
Christine Bainbridge, City Clerk
DRAFT
Michael DeVleming, Mayor
Study Session Minutes 10 -21 -03 Page 4 of4
Date Approved by COMIC :
CITY OF SPOKANE VALLEY
Request for Council Action
Meting Date: 10-28-03 City Manager Sign -off:
Item: Check all that apply: x consent 0 old business ❑ new business ❑ public hearing
information ❑ adrnin, report LI pending Legislation
AGE=NDA ITEM TITLE: Claims: Voucher Listing total for the weeks of October 10 and 17, 2003
OPTIONS:
RECOMMENDED ACTION OR MOTION: Approve claims of $ 35,486,86
Approve claims of $130,617.61
BUDOETIFINANIAL IMPACTS: $ 166,103.07
STAFF CONTACT: Ellen Avey
ATTACHME=NTS Voucher List for October 10 and 17, 2003
vchlist
1011012003 2:27:51 PM
Bank code :
Voucher
3608
3609
3610
3611
3612
3613
3614
3615
3616
3617
3618
3619
apbank
Date Vendor
10/10/2003 000264
10/10/2003 000134
10/10/2003 000234
10/10/2003 000242
10/10/2003 000101
10/10/2003 000326
10/10/2003 000060
10/10/2003 000059
10/10/2003 000325
10/10/2003 000321
10/10/2003 000014
ALLEY, DEBI
Voucher List
Spokane Valley
Invoice
1002003
APA CONFERENCE, EVENT DYNAMICS 1 10703
ARLT, SHANE
CAMPREGISTER.COM
CDWG
10/10/2003 000035 CORPORATE EXPRESS
DENENNY, RICHARD
DEVLEMING, MICHAEL
EAST SPOKANE WATER DIST #1
ECONOMIC DEVELOPMENT COUNCIL, S 633
EDEN SYSTEMS, INC.
100103
92203
JF00779
CONSOLIDATED IRRIGATION DIST, #19 Mirab Pt
Edgecliff Pk
PO #
46486845 30094
Description /Account
EXPENSE REIMBURSEMENT
Total :
REGISTRATION
MILEAGE
Total :
Total :
PROGRAM REGISTRATION PRO
Total :
Total :
Total :
Total :
PC MEMORY
WATER SERVICE
OFFICE SUPPLIES
Sep03 CELL PHONE ALLOWANCE
Total :
100203 MILEAGE & EXPENSE REIMBUR:
Sep03 CELL PHONE ALLOWANCE
Total :
WATER SERVICE
Total :
CHAMBER OF COMMERCE MEE
Total :
17990 SOFTWARE TRAINING COSTS
17991 SOFTWARE IMPLEMENTATION
18023 SOFTWARE SUPPORT SEP -DE
Page: 1
Amount
43.33
43.33
165.00
165.00
25.19
25.19
200.00
200.00
188.08
188.08
132.44
132.44
166.44
166.44
35.00
35.00
72.43
35.00
107.43
362.56
362.56
35.00
35.00
6,536.13
1,462.50
1,500.00
Page: 1
vchlist
10110/2003 2= 27:51PM
Bank code: apbank
Voucher Date Vendor
3619 10/1 0 /2003 000014 EDEN SYSTEMS, INC.
3620. 10110/2003 000072 FLANIGAN, MIKE
3621 10110/2003 000330 FRITZGES, CAROLYN
Voucher List
Spokane Valley
Invoke
(Continued)
3822 10/10/2003 000319 GRITMAN MEDICAL CENTER
3623 10/10/2003 000320 HAIDER, ALEX
3824 10/10/2003 000132 MODERN ELECTRIC WATER COMPANY Aug /Sep 03
8ep103
3625 '10110/2003 000040 MUNICIPAL RESEARCH & SERVICES, C P51007
3626 10/10/2003 000082 MUNSON, RICHARD SeP03
3627 10/10/2003 000329 NORTHWEST PAVEMENT, MANAGEME 203135
3628 10/10/2003 000027 OFFICE OF THE CODE REVISER rcw:cc
3629 10/10/2003 000016 PETROCARD SYSTEMS C378732
3630 10/10/2003 000322 QWEST AUq 03
3631 '10/10/2003 000024 RESOURCE COMPUTING INC.
Sep03
101003
006221
10803
PO*
DescrlpklonMAccount
CELL PHONE ALLOWANCE
Total
PERMIT BOND REFUND
EMPLOYEE LAS SCREENING
Total
BOND REFUND
TRAINING MANUALS
CELL PHONE ALLOWANCE
REOISTRATION
ROW SUPPLEMENT
VEHICLE FUEL
TELEPHONE SERVICE
Total ;
Total ;
Total :
WATER & POWER SERVICE
WATER & POWER SERVICE
Total :
Total:
Total
Total :
Total
Total
Total :
38077 NETWORK SERVER MAINTENA
30078 WE8 SERVER TECH SERVICES
Page; 2
Amount
9,498.63
35.00
35. 09
1,000.00
1,000.00
48.00
48.00
1,000.00
1,000.00
4,203.95
6,594.96
10, 798.91
250.00
250.00
35.00
35.00
195.00
195.00
43.36
43.38
235,92
235.62
238.63
238.63
3,837.55
594.55
Page; 2
vchlist
10/10/2003 2:27:51 PM
Bank codo :
Voucher
3631
3632
3633
3634
3635
3636
3637
3638
3639
3640
3641
3642
3643
apbank
Date Vendor
10/10/2003 000024
10/10/2003 000064
10/10/2003 000324
10/10/2003 000230
10/10/2003 000309
10/10/2003 000063
10/10/2003 000093
10/10/2003 000167
10/10/2003 000023
10/10/2003 000087
RESOURCE COMPUTING INC.
SCHIMMELS, GARY
SCWD #3
10/10/2003 000323 SPOKANE COUNTY UTILITIES
SPORT SUPPLY GROUP
TAYLOR, STEVE
THE SPOKESMAN - REVIEW
VERA WATER & POWER
VERISIGN, INC.
VERIZON WIRELESS, BELLEVUE
Voucher List
Spokane Valley
Invoice
(Continued)
Sep03
Pk Rd Pool
SPOKANE CNTY AUDITORS OFC, RECO Sep 03
Sep03
10/10/2003 000328 SPOKANE VALLEY SENIOR, CITIZENS A 100703
10/10/2003 000038 WASTE MANAGEMENT OF SPOKANE 1088398 -2681
1088399 -2681
1088401 -2681
PO #
Description /Account
WATER SERVICE
SEWER CHARGES
TRASH PICKUP SERVICE
TRASH PICKUP SERVICE
TRASH PICKUP SERVICE
Total :
CELL PHONE ALLOWANCE
Total :
Total :
SPOKANE COUNTY RECORDIN
Total :
Total :
EXPENSE REIMBURSEMENT
Total :
91279379 30091 ATHLETIC EQUIPMENT BAG
Total :
Sep03 CELL PHONE ALLOWANCE
Total :
207791 NEWSPAPER DISPLAY AD
Auq /Sep 03 ELECTRICITY CHARGES
3300088476 ONLINE REGISTRATION SERVIC
Total :
1812005639 . CELL PHONE CHARGES
Total :
Total :
Total :
Page: 3
Amount
4,432.10
35.00
35.00
143.52
143.52
71.00
71.00
416.12
416.12
2,073.38
2,073.38
18.40
18.40
35.00
35.00
78.60
78.60
702.20
702.20
59.95
59.95
84.45
84.45
260.10
260.10
333.40
Page: 3
vchlist
1011012003 2:27:51 PM
Bank code: apbank
Voucher Date Vendor
3643 10/10/2003 000038
3644 10/10/2003 000061
3645 10/10/2003 000089
38 Vouchers for bank code :
38 Vouchers In this report
I, the undersigned, do certify under penalty of perjury,
that the rnaterials have been furnished, the services
rendered, or the labor performed as described herein
and that the claim is just, due and an unpaid obligation
against the City of Spokane Valley, and that I am
authorized to authenticate and certify to said claim.
Finance Director Date
Voucher List
Spokane Valley
Invoice
WASTE MANAGEMENT OF SPOKANE (Continued)
1088402 -2681
1088408 -2681
WILHITE, DIANA
XO COMMUNICATIONS
apbank
Sep03
0103520431
PO #
Description /Account
TRASH PICKUP SERVICE
TRASH PICKUP SERVICE
Total :
CELL PHONE ALLOWANCE
Total :
TELEPHONE & DSL CHARGES
Total :
191.91
191.91
1,237.42
35.00
35.00
1,225.40
1,225.40
Bank total : 35,486.36
35,486.36
Total vouchers :
!� 1
Page: 4
Amount
Page: 4
vchllst
10/17/2003 4:15:15PM
Bank code : apbank
Voucher List Page: 1
Spokane Valley
Voucher Date Vendor Invoice PO # Description /Account Amount
3653 10/17/2003 000335 ALTON'S TIRE 06 -75887 VEHICLE OIL CHANGE 23.12
Total : 23.12
3654 10/17/2003 000037 AMERICAN LINEN 261593 FLOOR MAT SERVICE 37.46
Total : 37.46
3655 10/17/2003 000336 BERG, CHRIS 101303 EXPENSE REIMBURSEMENT 32.38
Total : 32.38
3656 10/17/2003 000242 CAMPREGISTER.COM Sep16 -30 INTERNET REGISTRATION SER\ 117.50
Total : 117.50
3657 10/17/2003 000101 CDWG JW08474 PRINTER 3,215.00
Total : 3,215.00
3658 10/17/2003 000227 CONKLIN, PEGGY 100203 MILEAGE 4.17
Total : 4.17
3659 10/17/2003 000035 CORPORATE EXPRESS 46534398 30097 OFFICE SUPPLIES 146.59
46605044 30100 OFFICE SUPPLIES 220.98
Total : 367.57
3660 10/17/2003 000208 GIBSON, JAMES 10/1 -15 MILEAGE 155.13
Total : 155.13
3661 10/17/2003 000259 HUMANIX 133454 TEMP LABOR 67.68
Total : 67.68
3662 10/17/2003 000220 ICMA 20790 EMPLOYEE RETIREMENT PLAN 1 250.00
Total : 250.00
3663 10/17/2003 000022 INLAND BUSINESS PRODUCTS, INC. 49965 EMPLOYEE ID BADGE 16.22
Total : 16.22
3664 10/17/2003 000288 INTERNATIONAL CODE COUNCIL ICCmem PROFESSIONAL MEMBERSHIP 180.00
Total : 180.00
Page: 1
vchlist
/011712003 4:15:15PM
Bank code : apbank
Voucher Data Vendor
3665 10/17/2003 000146
3666 10/17/2003 000033
3667
3668
3669
3670
3671
3672
3673
3674
3675
3678
10117/2003 000258
10117/2003 000053
10/17/2003 000193
10117/2003 000307
10/1712003 000149
10/17/2003 000202
10/1712003 000318
10117/2003 000093
10/17/2003 000337
LEXINGTON HOMES
MCPC
MICROFLEX INC.
MODERN OFFICE EQUIPMENT
NORTHWEST CHRISTIAN SCHOOLS
OFFICE OF THE STATE TREASURER
FP PRINTING OF SPOKANE
SCAPCA
SHAMROCK PAVING CO.
THE SPOKESMAN - REVIEW
UNITED PARCEL SERVICE
Voucher List
Spokane Valley
lnvoica
101703
4439421
4441547
4444902
00014531
47862
Oct03
Sep03
1330025075
2280
37802
10/17/2003 000090 SPOKANE COUNTY INFORMATION, SYS 31240
93003
Y3F95040
PO #
30090
30095
30102
Description /Account
SWALE BOND RELEASES
OFFICE SUPPLIES
OFFICE SUPPLIES
OFFICE SUPPLIES
SALES TAX AUDIT SERVICE
Total:
FAX MACHINE SERVICE
BUILDING LEASE
STATE REMITTANCE; SEPT '03
Total
BUSINESS CARDS
ASPHALT PAVING
GO SERVICES
ADVERTISEMENT
SHIPPING CHARGES
Total
Total :
Total
Total
Total
ANNUAL ASSESSMENT FEE
Total
Total
Total
Total
Total
w / )
Page: 2
Amount
13,000.00
13,000,00
1,255.94
307.67
1 28.20
1,701.81
5,000.00
5,000.00
91.89
91.89
20,496.93
20,496.93
36,385.56
36,885.56
101.07
101.07
29,075.67
29,075.67
15,428.00
'T5,428.00
3,569.03
3,569.03
759.93
759.93
41.49
41.49
Page: 2
vchlist
10/17/2003 4:15:15PM
Voucher List Page: 3
Spokane Valley
Bank code: apbank
Voucher Date Vondor Invoice PO # Description /Account Amount
24 Vouchers for bank code : apbank Bank total : 130,617.61
24 Vouchers In this report 130,617.61
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 Spokano Valley, and that I am
authorized to authenticate and certify to said claim.
Finance Director Date
Total vouchers :
Page: 3
CITY OF SPOKANE VALLEY
Request for Council Action
Meeting Date: 10 City Manager Sign -off:
Item: Check al!'that apply: x consent ❑ old business 0 riew business ❑ public hearing
❑ information 0 admin. report ❑ pending legislation
AGENDA ITEM TITLE : Payroll for Period Ending October 15, 2003
GOVERNING LEGISLATION:
PREVIOUS COUNCIL ACTION TAKEN:
BACKGROUND:
OPTIONS:
RECOMMENDED ACTION OR MOTION:
BUDGET /FINANCIAL IMPACTS: Payroll for period ending 10 - 15 - 03 $103,099.
STAFF CONTACT: Daniel Genis
ATTACHMENTS
Meeting Date: 10 -28 -03 City Manager Sign -off:
Item: Check all that apply: x consent ❑ old business new business ❑ public hearing
❑ information ❑ admin. report ❑ pending legislation
AGENDA ITEM TITLE : Resolution 03 -050 Modifying and Superceding Resolution No. 02 -05
GOVERNING LEGISLATION:
PREVIOUS COUNCIL ACTION TAKEN: n/a
BACKGROUND: In order to establish a more effective and efficient policy regarding posting
City of Spokane Valley Council agendas and public notices, staff recommends the following
resolution.
OPTIONS:
RECOMMENDED ACTION OR MOTION: Move to approve Resolution 03 -043 Designating City
Clerk as Agent of the City of Spokane Valley to receive claims for damages.
BUDGET /FINANCIAL IMPACTS:
STAFF CONTACT: Chris Bainbridge
ATTACHMENTS Resolution 03 -050
CITY OF SPOKANE VALLEY
Request for Council Action
A'RESOLUTION OF TUE CITY OF SPODE VALLEY, SPOKANE COUNTY,
WASH N TO `, MOM' YL O AND SUPERSEDING RESOLUTION NO. 02-05 REGARD/NG
POSTING OF COUNCIL AGENDAS ANT) PUBLIC NOTICES
WHEREAS, the Spokane Valley City Council passed Resolution 02 -05 which, in part, provided
for posting of City of Spokane Valley Council agendas and public notices; and
WI REAS, to establish a more effective and efficient policy regarding City of Spokane Valley
Council agendas and public notices, Section 3 of Resolution No, 02 -05 should be modified
NOW Tf- rREr]~ORE, be it resolved by the City Council of'the City of Spokane Valley, Spokane
County, 'Washington, that Section 3 of Spokane Valley Resolution 02 -05 is modified as set forth below
with all remaining sections of Resolution 02 -05 remaining in full force and effect.
City staff shall provide notice to the public of the City Council Agenda, Public Hearings and other public
meetings of the City Council by:
Agenda transmittals sIia11 include, but not be limited to placement in the United States Mail postage
prepaid, fax, e -mail or inclusion on the City of Spokane Valley's webpage.
Attest:
City Clerk, Christine Bainbridge
Resolution 03 -050
CITY OF SPOKANE VALLEY
SPOKANE COUNTY, WASJ]TNCTON
RESOLUTION NO- 03 -(50
The following practice shall become effective immediately upon approval of this resolution:
a. Posting a copy of the agenda at Spokane Valley City Rail; .
b. Posting 01 delivering a copy of' the agenda at such other places as City Council may
direct; and
c. Transrnitti ng a copy of the agenda to the City's official newspaper and to such other
media as requested.
Adopted this day of October, 2003.
City of Spokane Valley
Mayor Michael DeVlenling
CITY OF SPOKANE VALLEY
Request for Council Action
Meeting Date: 10 -28 -03 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 : NEW BUSINESS: Consideration to take motion from the table
regarding Hotel /Motel Ratification of Tourism Allocations
BACKGROUND:
At the October 14, 2003 Council meeting, it was discussed that funds previously allocated
should be used for tourism marketing instead of facility development and that a new motion
should be entertained to ratify tourism allocations as previously approved by council motion
September 9, 2003. (see attached minutes)
The following motion and second, was offered at the October 14, 2003:
11 was moved by Mayor .l)eVleming and seconded by Councilmember Flanigan that hoteUmotel tax
allocations for the YMCA Skate Park and Spokane Valley Junior Soccer Association Concession Stand
facility development be Modified so that the distributions are instead used by the above entities for
tourism marketing as set forth in the materials filed with the City Clerk.
That motion was then tabled as follows:
11 was moved by Councilmember Denenny and seconded by Councilmember Taylor to table this motion
until a response and budget are received from both entities. Vote by Acclamation: In Favor: Mayor
DeVleming, Counci/members Denenny, Munson, Schimmels, Taylor. Opposed: Deputy Mayor
Wilhite, Councilmember Flanigan. Motion carried. Previous motion tabled.
When a motion is laid on the table, members must take it from the table by the end of the next
meeting or it dies. Members must make this motion when no other business is pending.
Anyone can make this motion. It needs a second, is not debatable, and requires a majority to
adopt. If adopted, the motion that was tabled will immediately be before the assembly.
OPTIONS:
Move to take from the table the motion relating to the hotel /motel ratification of tourism
allocations.
RECOMMENDED ACTION OR MOTION:
BUDGET /FINANCIAL IMPACTS:
STAFF CONTACT: Stanley Schwartz
ATTACHMENTS
Copy of minutes of council regular meeting of September 9, 2003
ITEM
CITY
MATCH* t
C
I/K
TOTAL
1. General
Conditions
$
$
$ 3,929.05
$ 3,929.05
2. Site Prep.
& Drainage
$
$
$ 6,214.55
$ 12,063.54
$ 18,278.09
4. Forms
$
$
$ 13,861.00
$ 13,861.00
5. Rebar
$
$
$ 3,108.87
$ 3,108.88
$ 6,217.75
6. Flat
Concrete
$
$
$ 6,808.54
$ 6,808.54
7. Shoterete
$
$
$ 31,546.13
$ 31,546.13
8. Steel
Coping
$
$
$ 1,218.80
$ 3,656.40
$ 4,875.20
9. Clean Up
$
$
$ 5,909.75
$ 5,909.75
10. Other
$ 3,528.25
$ 3,528.25
11. Design /
Mgmt. Fee
$
$
$ 7,596.24
$ 7,596.24
TOTALS
$
$
$ 83,721.18
$18,828.82
$102,550.00
9. PROJECT BUDGET
Please detail the budget for your project. Specify whether your various match items will
be cash (C) or in -kind (I/K). In addition to completing the chart below, you must also
submit your general operating budget. (Attachment 12 -A -4)
BUDGET SHEET
PROJECT: YMCA Skate Park at Mirabeau Point
'`while matching funds are not required, the amount of additional funds, supplies, materials and staff time
an organization brings to an event is a good measure of that organization's commitment to success.
In addition to this budget, the YMCA is committing 25% of one full-time employee towards the project.
11
ITEM
CITY
MATCH
C
I/K
TOTAL
1. Metal Stud Framing
$ 2,500
$ '2,500
2. Wood Framing
$ 2,200
$ 2,200
3. Roof Insulation
S 4,200
$ 4,200
4. Wall Insulation
$ 1,600
$ 1,600
5. Door Purchase
$ 7,489
$ 7,489
6. Door Installation
$ 10,955
$ 10,955
7. Sheetrock & install
$ 7,560
$ 7,560
8. Paint and painting
$ 3,632
$ 3,632
9. Restroom fixtures
$ 6,765
$ 6,765
10. HVAC and install
$ 19,500
$ 19,500
11. Electrical
$ 8,000
$8,000
S 16,000
12. Drainfield
S 15,000
S 15,000
13. Signage
$13,000
S 13,000
14. Flagpoles
$15,000
S 15,000
Sub -total
$ 89,401
$36,000
$125,401
Sales Tax @ 8.1%
$ 7,241
$ 2,916
$ 10,157
Plantes Ferry Park is a public park as well as a youth sports facility, and the addition
of the community building will provide additional public meeting space for the
general public.
8. PAST PERFORMANCE
If your group received Tax monies in the past, describe or respond briefly to the following:
(I) project goals, (2) project budget, (3) were the project goals met, and (4) unanticipated
results.
The Spokane Valley Jr. Soccer Association has not received any SVLTAC monies
to date.
9. PROJECT BUDGET
Please detail the budget for your project. Specify whether your various match items will be
cash (C)-or-in= kind (1l1 ) In the chart below, ;you - must also submit
your general operating budget.
BUDGET S1TV'FT
PROJECT: Plantes Ferry Park (PFP' Community Building Completion
Phase III Total cost: Building, signage and flags $343,000
Total contributions from SpVJSA from cash and in/kind
Other contributors of cash and in /kind
Total contributions in cash and in /kind to date
Cash funds needed to provide signage and flagpoles
Cash funds needed to complete the community building
Required Budget Funds:
10
$178,358
$ 50,000
$ 228,358
$ 28,000
$ 96,642
MONTH
FUNDS NEEDED
TASK ITEM
August
$0
15 August, approval of funds
September
SO
Review of previous bids, update bid proposals
and startup of construction. Septic system
and wall construction.
October
$30,000
Continued interior construction, insulation,
doors purchased and installed.
November
$30,000
Lighting, HVAC and toilet plumbing installed,
kitchen fumished and completion of work by
November 15, 2003
December
S32,642
Final Report to the City
TOTAL
$ 96,642
$38,916
$135,558
Funds Needed — Building, signage & flagpoles
Funds Needed — Building completion request
We have received matching contributions totaling $228,358 to date for most of the
$343,000 community building and signage project. We have used all but $8,000 of
matching funds so far. We have largely exhausted our fund raising resources and
in -kind contributions, which is why SpVJSA has very limited matching funds for the
final construction project described in this proposal. We are at the point in the
project where it now takes cash to purchase large items like HVAC, electrical and
plumbing fixtures, metal doors, and kitchen furnishings. It also takes cash to hire
the skilled labor to finish the interior to a high quality of construction.
*While matching funds are not required,, the amount of additional funds, supplies, materials ,
and staff time an organization brings to an event is a good measure of that organization's
commitment to success.
10. BUDGET — CASH FLOW REQUIREMENTS
Please indicate, by month, when you will need funds from the City.
11. PRO.TECT T]ME LINE
11
$ 135,558
$ 96,642
Please use the chart below to break out your project into its major items, showing when each
will be accomplished
MONTH TO BE REIMBURSED
FUNDS NEEDED (AMOUNT)
JANUARY
FEB.RUARY
MARCH
1
APRIL
i
-
MAY
.TUNE
JULY
.AUGUST
SEPTEMBER
$20,000
OCTOBER •
$211,000
NOVE 'IBER
Si.n,000
DEcEm ER
10. BUDGET- CASH .1t.OW REQUIREMENTS
Please indicate, by month, when you will need funds Worn the City.
12
MONTH
TASK ITEM
JANUARY
V
GP
FEBRUARY
E
MARCH
E
APRIL
E
MAY
N
JUNE
rt
JULY
6
AUGUST 15
triiiiltitaiilaWISVErke
(*.Excavation
ktilrullirrafin9;7gVt: diiage'
SEPTEMBER 1-30
1-24)Slincit'eagal
firillThiincreiriO=DN
aiiirCiarsTiii
OCTOBER 15
Fiff:trairialWatni
• P
NOVEMBER
ia
DECEMBER
g
11. PROJECT TIME LINE
Please use the chart below to break out your project into its major items, showing when
each will be accomplished
13
MINUTES
City of Spokane Valley
City Council Regular Meeting
September 9, 2003
Mayor DeVleming called the City of Spokane Valley Regular Meeting to order at 6:00 p.m.
Attendance:
Councilmembers: Michael DeV leming, Mayor
Diana Wilhite, Deputy Mayor
Dick Denenny, Councilmember
Mike Flanigan, Councilmember
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 & Recreation Director
Marina Sukup, Community Development Director
Neil Kerstcn, Public Works Director
Kevin Snyder, Current Planning Manager
Tom Scholtens, Building Official
Sue Pearson, Deputy City Clerk
Chris Bainbridge, City Clerk
Council Minutes 09.09.03
Date Approved by Council: 09 -23-03
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 1110 will be removed and discussed at a later
date. It was moved by Councilmember Munson and seconded by Deputy Mayor Wilhite to approve the
agenda as amended Vote by A cc mation: In Favor: Unanimous. Opposed: None. Abstentions: None.
Motion carried.
COMMITTEE, 13OARD, 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.
Page 1 of6
MAYOR'S REPORT: Mayor DeVleming reminded everyone of the second "Conversation with the
Community" set for 6:30 p.m- September ] 7 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 lie 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 COsMNIE1\I: Mayor DeVieming 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
iwo weeks concerning this matter.
Philip R 10720 Fruithi,?l_ 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 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
Cou,tcilinernbsr Taylor and seconded Iry Counciiinertrber Denertny rrr approve the Consent Agenda. Prior
to that vote, Mayor Der/kitting moved to remove Consent Item #1e to be discussed ,separately. Vote by
acclamrdiort on removal of inc: In Favor: Unanimous, Opposed: None. ,Abstentions: Norte, Motion
carried Vote by acclamation on amended Consent Agenda: In Favor; Unanimous. Opposed: None.
Absterrthnn.. None. .+] otrion carried.
In discussing item #lc Council wants to make sure the goals stated arc 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 droved by Mayor .DeNeming and ,seconded by Counci{ ember Denenny, to approve the
2004 Budget Goals with the change as noted above. Vote by - Acclamation on Consent Agenda item #lc:
Iii Favor: Unanimous_ Opposed None. Abstentions: None. Motion carried
NEW BUSINESS:
2. Ordinance No. 03 -080 Authorizing Interlineal Agreement with .Public Facilities ]District — Second
Reading. City Clerk Bainbridge read the title to Ordinance No. 03-080. Ir was then moved by Mayor
DeVfem ng and seconded by Councilme ,itber Denenuy, to approve Ordinance No. O3 -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 03 -09 -03
Dn a Approved by Cou nci l' 09 -23 -03
Page2ofb
7F '
UJP
Tony Uazanis, 10626 E. Trent: spoke about the senior center, asked who is going to run the facility, and
asked about the reserves from the convention center.
Councilmernber 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 Councihnenther Munson and seconded by
Councllmentber Denenny to suspend the rules and advance this to a second reading. Vote by
.Acclamation: In Favor: Council Wilhite, Taylor, Schimmels, Munson, Flanigan, Denenny.
Opposed: Mayor DeVleming. Motion carried to suspend the rules and advance this to a second reading.
Mayor DeVleming invited public comment. None was given.
It was moved by Couttcilmember Munson and seconded by. Councilntember Delwin?) 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 Couttcihnemher Munson and seconded by Councilmember Denenny to commend the efforts of the
Spokane Valley Hotel/Motel Tax Advisory Committee for a job very 'veil 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 he as follows: Spokane Visitor Convention Bureau S83,700 of which 510,000
is 10 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 S18,000; Valley Soccer Concession Stand
S24,800; Fair and Expo Marketing 517,500; Regional Sports Conunission S52,200; Valley Legacy
Foundation 5.1,000.
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.
Pony La_anis: 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
Date Approved by Council: 09 -2.3 -03
COPY
Page 3of
Deedee Loberg, 18306 E. -e Ave_, Greenucres: spoke on behalf of the Committee of Hotel Motel Dodging
Tax; also co-chair of Spokane Arts & Culture; asked for further consideration of the proposal of Valleykst 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."
R ir,y Siadedge, 8.923 A, 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 Devleming asked City Clerk
Bainbridge to rc -read the motion. Vote by Acclamation: Jr r Favor: Unanimous. Opposed: None.
A bstendri.ons; None. 141orion
Mayor DeV Leming called for a recess at 7:25 p.m. Mayor Deleming reconverted the meeting at 7:40 p.m.
S. Ordinance No. 03 -078 Zoning Codc Compliance — Second Readin+r. After City Clerk Bainbridge read
the ordinance title, it was --roved by Mayor DeVle piing and seconded by Courrcilmember Der#enrry to
approve ordinance 03 -078. Attorney Driskell gave a brief overview of the ordinance explaining the
abatement and violation sections, Mayor Deieming invited public comment. None was offered. Vote by
Acclamation; Jn Favor: Unanimous. Opposed: None. Abstentions: None. Motion carried
6. Ordinance No. 03 -081 Rea ring Examiner Ordinance — First Reading. After City Clerk Bainbridge
read the ordinance title, it was moved by Counci /mernher Munson and seconded by Caunci/Fnember
Flanigan to suspend the rides 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 he heard at the Superior Court level_ Vote by Acclamation: In Favor:
Councitnrembers Flanigan, Munson and ,Schimmel.; Opposed: Mayor De leming, Deputy Mayor
l rllri�e, Councilnretnhhers Taylor and Denenrry. Motion defeats' J It was then moved by Mayor
De Vleming and seconded by Councilmember Munson to give Ordinance 03 -081 a first reading, and
advance it to second reading on September 23, 2003. Mayor De \leming invited public comment. None
was offered. Vale by acclamation In Favor; Unanimous, Opposed: None, .,tb.srentiorrs: None. omrn
carried
7. Ordinance No. 03 -067 Junk Vehicle Ordinance — First Re act , After City Clerk Bainbridge read the
ordinance title, it was mowed by Councilmenber Derxenny and seconded by illaryor De [rleming to give this
ordinance a first reading, and advance it to second reading at the September 23, 2003 council meeting.
Attorney Driskeli 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 1Jekemiog invited public
comment.
Beverly Craig, Vo21ey resident; asked for reconsideration of the landscaping requirements, as she would like
io see the landscaping removed and have fencing required; although she would accept Type l with fence and
trees
Dave Gilbert, 61r 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 - natter 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
Dube Approved by Council! 09 -23.03
COPY
Page 4 i t
ORDINANCE NO. 03 -084
K:M01G2100002lMCONCO MYM
AN ORDINANCE OF THE CITY OF SPOKANE VALLEY, OF SPOKANE
COUNTY, WASHINGTON, PROVIDING FOR THE ISSUANCE OF LIMITED
TAX GENERAL OBLIGATION BONDS IN THE AGGREGATE PRINCIPAL
AMOUNT OF NOT TO EXCEED $9,430,000 IN ORDER TO OBTAIN FUNDS TO
PAY PART OF THE COSTS OF ACQUISITION AND CONSTRUCTION OF A
REGIONAL CENTER, RELATED CAPITAL FACILITIES AND STREET
IMPROVEMENTS; PROVIDING FOR THE SALE OF THE BONDS TO
LEHMAN BROTHERS, OF SEATTLE, WASHINGTON; PROVIDING FOR THE
REGISTRATION OF SAID BONDS; CREATING CERTAIN FUNDS FOR SAID
BONDS; FIXING THE INTEREST RATE, MATURITIES, FORM, TERMS AND
COVENANTS OF SAID BONDS; PROVIDING CERTAIN COVENANTS WITH
RESPECT TO FEDERAL TAX LAW; PROVIDING FOR THE PURCHASE OF
MUNICIPAL BOND INSURANCE; PROVIDLIIG CERTAIN COVENANTS
WITH RESPECT TO ON -GOING DISCLOSURE; PROVIDING FOR TiTF
EFFECTIVE DATE OF THIS ORDINANCE; AND PROVIDING FOR OTHER
MATTERS PROPERLY RELATING THERETO
CITY OF SPOKANE VALLEY
Spokane County, Washington
LIMITED TAX GENERAL OBLIGATION BONDS, 2003
Principal Amount of 59,430,000
BE IT ORDAINED by the Mayor and the Members of the City Council of.the City of .
Spokane Valley, of Spokane County, Washington, as follows:
WHEREAS, the City of Spokane Valley (the "City "), of Spokane County, Washington, is
a duly incorporated and existing m unicipal corporation organised and operating under the
Constitution and laws of the State of Washington;
WHEREAS, the City is authorized and empowered by RCW 35A.40, 35.37 and 39.46 to
authorize, sell and deliver general obligation bonds to finance the acquisition, construction and
installation of improvements and betterments to City facilities;
WHEREAS, the City Council of the City (the "Council ") has determined that it is in the
best interests of the residents of the City to construct and equip a community center at Mirabeau
Point, to be called CenterPlace;
WHEREAS, the Council has determined that there are certain road improvements that are
important to the City and should be completed; and
WHEREAS, Lehman Brothers, Inc., of Seattle, Washington, (the "Underwriter ") has
offered to purchase the City's limited tax general obligation bonds in an amount of not to exceed
$9,430,000 under the terms hereinafter set forth; and
WHEREAS, the City has been advised by the Underwriter that the purchase of bond
insurance will achieve more desirable interest rates on the bonds and the Council desires to
authorize purchase of a policy of municipal bond insurance; and
WHEREAS, the City wishes to designate the Washington State Fiscal Agent as the Bond
Registrar for the City on this series of bonds;
NOW, THEREFORE, IT IS HEREBY FOUND, DETERMINED AND ORDERED as
follows:
Section 1: DEFINITIONS
As used in this Ordinance, capitalized terms shall have the meanings provided in this
Section. Words of the masculine gender shall be deemed and construed to include correlative
words of the feminine and neuter genders, and vice versa. Words imparting the singular number
shall include the plural numbers and vice versa, unless the context shall otherwise indicate.
Acquire, Acquiring or Acquisition includes the opening, laying out, establishment,
purchase, construction, securing, installation, reconstruction, lease, gift, grant from the federal
government, the State of Washington, any public body therein or any person or entity, the
condemnation, transfer, option to purchase, other contract, or other acquirement, or any
combination thereof.
Bond Fund shall mean the "City of Spokane Valley Limited Tax General Obligation
Bond — Debt Service Fund" created by this Ordinance.
Bond insurance Policy shall mean a policy of municipal bond insurance that insures
payment of the principal of and interest on part or all of the bonds.
Bond Purchase Contract means the written bond purchase contract between the
Underwriter and the City to purchase the Bonds from the City.
Bond Register shall mean the registration records of the City, maintained by the Bond
Registrar, on which shall appear the names and addresses of the Registered Owner of the Bonds.
Bond Registrar shall mean either of the Washington State Fiscal Agencies or their
successors in functions, as now or hereafter designated for the Bonds.
Bond Year means each one -year period that ends on the date selected by the City. The
first and last Bonds Years may be short periods. If no day is selected by the City before the
earlier of the final maturity date of the Bonds or the date that is five (5) years after the date of
issuance of the Bonds, Bonds Years end on each a niversary of the date of issue and on the final
maturity date of the Bonds.
Bonds shall mean the hereinafter authorized limited tax general obligation bonds in the
aggregate principal amount: of not to exceed $9,430,000.
City shall mean the City of Spokane Valley, of Spokane County, Washington, a duly
incorporated and existing City organized and operating under the laws of the State of
Washington acting by and through its employees, officers and City Council.
City Clerk or Clerk shall mean the de, facto or de Pure City Clerk, or other officer of the
City who is the custodian of the seal of the City and of the records of the proceedings of the City,
or his/her successor in function, if any.
Citv Manager shall mean the Chief Administrative Officer of the City, appointed by the
Council, or his/her successor in function, if any.
Code shall mean the Internal Revenue Code of 1986, as amended, and any Treasury
Regulations promulgated thereunder.
Commission shall mean the Securities R. Exchange Commission.
Cost of the Project or Costs of the Project or any phrase of similar import, shall mean
all or any part designated by the City of the costs of the Project, or interest therein, which costs,
at the option of the City, may include all or any part of the incidental costs pertaining to the
Acquisition of the Project, including, without limitation:
(1) Preliminary expenses advanced by the City from funds available for the
use therefor, or advanced by the state, county or federal governments, or from any other
source, with approval of the Council, or any combination thereof;
(2) The costs of making surveys, audits, preliminary plans, other plans,
specifications, estimates of costs and other preliminaries;
(3) The costs of appraising, printing, estimates, advice, services of engineers,
architects, financial consultants, attorneys at law, clerical help, or other agents or
employees;
(4) The costs of contingencies;
(5) The costs of issuance of Bonds;
(6) The costs of funding and short-term financing, revenue warrants, bonds
anticipation bonds or other temporary loans appertaining to the Project, and of the
incidental expenses incurred in connection with such loans;
(7) The Acquisition costs of any properties, rights, easements, or other interest
in properties, or any licenses, privileges, agreements and franchises; and
(8) All other expenses necessary or desirable and appertaining to the Project,
as estimated or otherwise ascertained by the City.
DTC means The Depository Trust Company, New York, New York, a limited purpose
trust company organized under the laws of the State of New York, as depository for the Bonds,
or any successor or substitute depository for the Bonds.
Finance Director shall mean the Director of Finance and Administrative Services of the
City, or his or his/her successor in functions, if any.
Financial Advisor means Seattle - Northwest Securities Corporation, of Seattle,
Washington.
Improvement(s) includes the buildings, structures and appurtenances constructed and
equipped with the proceeds of the Bonds.
Insurer means the issuer of any Bond Insurance Policy.
Manor shall mean the de facto or de jure Mayor of the City, or any presiding officer or
titular head of the City or his/her successor in functions, if any.
Mirabeau Point Capital Projects Fund shall mean the "City of Spokane Valley
Mirabeau Point Capital Projects Fund" created by this Ordinance for the purpose of paying a
portion of the Costs of the Project associated with CenterPlace, as defined in Section 2 hereof.
MSRB means the Municipal Securities Rulemaking Board or any successor to its
functions.
Net Proceeds when used with reference to the Bonds, shall mean the face amount of the
Bonds, plus accrued interest, if any, and original issue premium, if any, and less original issue
discount, if any.
NRMSTR means a nationally recognized municipal securities information repository.
Operating Reserve Account shall mean the "City of Spokane Valley CenterPlace
Operating Reserve Account" created by this Ordinance.
Project shall mean the undertaking or undertakings of Acquiring the Improvements
described herein.
Registered Owner or Registered Owners shall mean the person or persons whose
names and addresses shall appear on the Bond Register maintained by the Bond Registrar, as the
owner or owners of the Bonds.
Rule means the Commission's Rule 15c2 -12 under the Securities & Exchange Act of
1934, as the same may be amended from time to time.
SID means the State information depository for the State of Washington.
Street Capital Projects Fund shall mean the "City of Spokane Valley Street Capital
Projects Fund" created by this Ordinance for the purpose of paying a portion of the Costs of the
Project associated with road and street construction projects set forth in Section 2 herein.
Term Bonds, if any, shall be any term bond, subject to mandatory redemption payments
identified in the Bond Purchase Contract.
Underwriter means Lehman Brothers, Inc., as Underwriter.
Section 2: TITE PROJECT
The City will acquire, contract and install the following improvements, (collectively the
"Project "):
(1) The construction of a new regional and community center, CenterPlace at
Mirabeau Point, ( "CenterPlace ") to house a large regional meeting room, a conference
center for community and cultural activities and a senior center, including furnishings,
appurtenances and equipment;
(2) The Acquisition and installation of road improvements, including:
(a)
b)
(c)
16 Avenue (Dishman -Mica Road to Pines Road);
Park Road (8 Avenue to Appleway Avenue);
Evergreen Road (16 Avenue to 2nd Avenue); and
(d) Other road construction and improvement projects as set forth in
the Capital Improvement Plan of the City.
(3) Payment of engineering fees, administrative costs, legal fees and all other
costs incidental thereto, together with the purchase of all appurtenances and machinery
necessary or useful for said Project.
Section 3: COST OF THE PROJECT
The total cost of CenterPlace is estimated to be approximately $10,000,000, of which not
to exceed $7,000,000 will be financed by the proceeds of the Bonds. The total cost of the street
improvements is estimated to be $20,386,700, of which not to exceed $2,430,000 will be
financed by the proceeds of the Bonds. A.ny additional costs of the Project will be paid from
other legally available funds, including private donations, loan and grant funds and other legally
available funds of the City.
Section 4: PLEDGE OF FAITH AND CREDIT; TAX LEVIES
The Bonds are limited tax general obligations of the City and, as such, the full faith and
credit of the City are hereby pledged for their payment, within the appropriate Constitutional and
statutory limitations pertaining to non -voted general obligations.
The officers now or hereafter charged by law with the duty of levying taxes for the
payment of said Bonds and the interest thereon shall, in the manner provided by law, make
annual tax levies upon all of the taxable property within the City sufficient, together with other
legally available funds, to meet the payments of principal and interest maturing and accruing as
set forth herein, having always in mind the Constitutional and statutory tax limitations pertaining
to non -voted general obligations.
Section 5: REGISTRATION, PLACE AND MANNER OF PAYMENT
(a) Registrar/Bond Register. The City hereby appoints the Washington State Fiscal
Agencies as Bond Registrar and requests that the Bond Registrar adopt the system of registration
approved by the Washington State Finance Committee. The City shall cause a Bond Register to
be maintained by the Bond Registrar. So long as any portion of the Bonds remain outstanding,
the Bond Registrar shall make all necessary provisions to permit the exchange or registration or
transfer of the Bonds at its principal office. The Bond Registrar shall keep, or cause to be kept,
at its principal corporate trust office, sufficient records for the registration and transfer of the
Bonds which shall at all times be open to inspection by the City. The Bond Registrar is
authorized, on behalf of the City, to authenticate and deliver the Bonds, transferred or exchanged
in accordance with the provisions of such Bonds and this Ordinance, and to carry out all of the
Bond Registrar's powers and duties under this Ordinance. The Bond Registrar shall be
responsible for its representations contained in the Certificate of Authentication on the Bonds.
(b) Registered Ownership. The City and the Bond Registrar, each in its discretion,
may deem and treat the Registered Owner of the Bonds as the absolute owner thereof for all
purposes, and neither the City nor the Bond Registrar shall be affected by any notice to the
contrary. Payment of any such Bonds shall be made only as described herein, but such
registration may be transferred as herein provided. All such payments made as described herein
shall be valid and shall satisfy and discharge the liability of the City upon such Bonds to the
extent they treat the person in whose name any Bonds is registered as the absolute owner thereof
for all purposes of this Ordinance and any applicable laws, notwithstanding any notice to the
contrary received by the Bond Registrar or the City.
(c) 'DIG Acceptance/Letter. of Representations - The Bands initially issued shall be
held in fully immobilized form by DTC acting as depository. To induce DTC to accept the
Bonds as eligible for deposit at DTC, the City shall execute and deliver to DTC (or has
heretofore executed and delivered to DTC) a Blanket Issuer Letter of Representations.
Neither the City nor the Bond Registrar will have any responsibility or obligation to DTC
participants or the persons for whom they act as nominees with respect tb the Bonds in respect to
the accuracy uf any records maintained by DTC or any DTC participant, the payment by DT or
any DTC participant of any amount in respect of the principal of or interest on Bonds, any notice
that is peiLuitted or required to be given to R.egistered Owners under this Ordinance (except such
notices as shall be required to be given by the City to the Bond Registrar or to DTC), the
selection by DTC or any DIC participant of any person to receive payment in the event of a
partial redemption of the Bonds, or any consent given or other action taken by DTC as the
Registered Owner- For so long as any Bonds is held in fully immobilized foie hereunder, IDTC
or its successor depository shall be deemed to be the Registered Owner for all purposes
hereunder, and all references herein to the Registered Owners shall mean DTC or its norninee
and shall not mean the owners of any benefi interest in such Bonds,
(d) Use ofDeasitor_,
(i) The Bonds shall be registered initially in the name of Cede & Co., as
nominee of DTC, with one Bonds for each of the maturity dates for the Bonds in a
denomination corresponding to the total principal therein designated to mature on such
date. Registered ownership of such immobilized Bonds, or any portions thereof, may not
hereafter be transferred except (A) to any successor of DTC or its nominee, provided that
any such successor shall be qualified under any applicable laws to provide the service
proposed to be provided by it; (B) to any substitute depository appointed by the City
pursuant to subsection (ii) below or such substitute depositor's successor; or (C) to any
person as provided in subsection (iv) below.
(ii) Upon the resignation of DTC or its successor (or any substitute depository
or its successor) from its . Functions as depository, or a determination by the City to
discontinue the system of book entry transfers through DTC or its successor (or any
substitute depository or its successor), the City may appoint a substitute depository. Any
such substitute depository shall be qualified under any applicable laws to provide the
services proposed to be provided by it.
(iii) In the case of any transfer pursuant to clause (A) or (B) of subsection (i)
above, the Bond Registrar shall, upon receipt of all outstandinu Bonds, together with a
written request on behalf of the City, issue a single new Bonds for each maturity then
ouUtanding, registered in the name of such successor or such substitute depository, or its
nominee, as the case may be all as specified in such written request of the City.
(iv) In the event that (A) DTC or its successor (or substitute depository or its
successor) resigns from its functions as depository, and no substitute depository can be
obtained, or (B) the City determines that it is in the best interests of the beneficial owners
of the Bonds that such owners be able to obtain Bonds in certificated form, the ownership
of such Bonds may then be transferred to any person or entity as herein provided, and
shall no longer be held in fully immobilized form. The City shall deliver a written
request to the Bond Registrar together with a supply of definitive Bonds, to issue Bonds
as herein provided in any authorized denomination. Upon receipt by the Bond registrar
of all then outstanding Bonds together with a written request on behalf of the City to the
Bond Registrar, new Bonds shall be issued in such denominations and registered in the
names of such persons as are requested in such written request.
(e) Transfer or Exchange of Registered Ownership Chan e in Denominations. The
registered ownership of any Bonds may be transferred or exchanged, but no transfer of any such
Bonds shall be valid unless it is surrendered to the Bond Registrar with the assignment form
appearing on such Bonds duly executed by the registered Owner or such Registered Owner's
duly authorized agent in a manner satisfactory to the Bond Registrar. Upon such surrender, the
Bond Registrar shall cancel the surrendered Bonds and shall authenticate and deliver without
charge to the Registered Owner or transferee therefor, a new Bonds or Bonds at the option of
the new Registered Owner) or the same date, maturity and interest rate and for the same
aggregate principal amount in any authorized denomination, naming as Registered Owner the
person or persons listed as the assignee on the assignment form appearing on the surrendered
Bonds, in exchange for such surrendered and canceled Bonds. Any Bonds may be surrendered
to the Bond Registrar and exchanged, without charge, for any equal aggregate principal amount
of Bonds of the same date, maturity and interest rate, in any authorized denomination. The Bond
Registrar shall not be obligated to transfer or exchange any Bonds during the 15 days preceding
any interest payment or principal payment date.
(fi Place and Medium of Payment. Both principal of and interest on the Bonds shall
be payable in lawful money ofthe. United States of America. For so long as all Bonds are in
fully immobilized form, payments of principal and interest thereon shall be made as provided in
accordance with the operational arrangements of DTC referred to in the Letter to
Representations. in the event that the bonds are no longer in fully immobilized form, interest on
the Bonds shall be paid by check or draft mailed to the Registered Owners at the addresses for
such Registered Owners appearing on the Bond Register on the fifteenth day of the month
preceding the interest payment date. Principal of the Bonds shall he payable upon presentation
and surrender of such Bonds by the Registered Owners at the principal office of the Bond
Registrar.
Section 6: RIIDEMPTION OE BONDS PRIOR TO MATURITY
A.. Optional and Mandatory Redemption of Bands. The Bonds are subject to
redemption as set forth in the Bond Purchase Contract,
B, Notice of Redemption. Notice of any such redemption shall be sent by the Bond
Registrar by first -c] ass mail, postage prepaid, not less than thirty (30) nor more than sixty (60)
days prior to the date fixed for redemption, to the Registered Owner of each Bond to be
redeemed at the address shown on the Bond Register. So long as the Bonds are in book -entry
form, notice of redemption shall be given as provided in the Letter of Representations.
This requirement shall be deemed to be complied with when notice is mailed as herein
provided, regardless of whether or not it is actually received by the Registered Owner of any
Bond to be redeemed.
In addition, such redemption notice shall be mailed within the same period, postage
prepaid, by first -class mail, to the Underwriter or its successor, and to Moody's Investors
Service, in New York, New York, or its successor, if any, but such mailing shall not be a
condition precedent to the redemption of such Bonds. The City shall also cause the Bond
Registrar to provide notice of redemption (at least thirty (30) days) to each NRMSIR and SID, if
any, in accordance herewith.
C. Selection of Bonds for Redemption. For as long as the Bonds are held in fully
immobilized form, the selection of particular Bonds within a maturity to be redeemed shall be
made in accordance with the operational arrangements then in effect at DTC. In all other cases,
if the City redeems at any one time fewer than all of the Bonds having the same maturity date,
the particular Bonds or portions of Bonds of such maturity to be redeemed shall be selected by
lot (or in such manner determined by the Bond Registrar) in increments of $5,000. In the case of
a Bond of a denomination greater than $5,000, the City and the Bond Registrar shall treat each
Bond as representing such number of separate Bonds each of the denomination of $5,000 as is
obtained by dividing the actual principal amount of such Bond by $5,000. In the event that only
a portion of the principal sum of a Bond is redeemed, upon surrender of such Bond at the
principal office of the Bond Registrar there shall be issued to the Registered Owner, without
charge therefor, for the then unredeemed balance of the principal sum thereof, at the option of
the Registered Owner, a Bond or Bonds of like maturity and interest rate in any of the
denominations herein authorized.
D. Effect of Redemption. When so called for redemption, such Bonds shall cease to
accrue interest on the specified redemption date, provided funds for redemption are on deposit at
the place of payment at that time, and such Bonds shall not be deemed to be outstanding as of
such redemption date.
E. Purchase on Open Market. The City reserves the right to purchase any of the
Bonds on the open market at any time at any price. To the extent the City purposes Term Bonds
on the open market , the City may reduce, at its discretion, the amount of any mandatory sinking
fund deposit or deposits by an aggregate principal amount equal to the principal amount of the
Tenn Bonds so purchased. Any Bonds so purchased or redeemed shall be cancelled.
Section 7: BOND FUND
There is hereby created, and shall be maintained by the Finance Director, a fund known
as the "City of Spokane Valley Limited Tax General Obligation Bond — Debt Service Fund" (the
"Bond Fund ") which shall be drawn upon for the sole purpose of paying the principal of and
interest on the Bonds. Money on deposit in the Bond Fund not immediately needed to pay such
-9-
interest or principal may be temporarily deposited in such institutions or invested in any
obligations which are legal investments #Or City funds. Any interest earnings from the
investment of such money shall be deposited into the Bond Fund.
Section S; PROJECT FUNDS
There is hereby created, and shall be maintained by the Finance Director, two funds, the
"City of Spokane Valley Mirabeau Point Capital Projects Fund" ( "Mirabeau Point Fund ") and
the "City of Spokane Valley Street Capital Projects Fund" ( "Street Fund "), (collectively called
the "Project Funds "), into which shall be deposited the proceeds of the sale of the Bonds -
Moneys in the Ivarabeau Point Fundshall be used for the payment of part of the cost and
expense of the Acquisition and installation of Center Place. Moneys in the Street Fund shall be
used to complete the road and street projects identified in Section 2,B of this Ordinance- . All
interest earnings on moneys invested from the Project Funds shall be deposited into that
respective Project Fund - The .City's share of any liquidated damages or other moneys paid by
defaulting contractors or their sureties will be deposited into said Project Fund to assure the
Acquisition and completion of the Project.
When the Street Projects have been comp] eted and all costs related thereto, including all
principal of and interest on the Bonds is paid in full, any moneys remaining in the Street Fund
may be deposited in the Bond Fund, created hereafter, or used for other capital projects of the
City. When Center Place is complete, all money remaining in the Mirabeau Point Fund shall be
used for other capital purposes associated with Center Place.
Section 9: OPERATING RESERVE ACCOUNT
There is hereby created and shall be maintained by the Finance Director a fund known as
the "City of Spokane Valley CenterPlaoe Operating Re-serve Account" (herein called the
"Operating Reserve Account "), into which shall be deposited (from funds other than proceeds of
the Bonds) the sure, of $100,000 in 2004, The City covenants to increase the balance of the
Operating 'Reserve Account to $300,000 by the end of 2009.
Moneys in the Operating Reserve Account shall be available for use in the payment of
expenses associated with Center Place, including but not limited to operation and maintenance
expenses, debt service and capital repairs- If the City makes a draw on the funds in the
Operating Reserve Account, it shall at the same time file a plan for the replenishment of the
funds withdrawn- The City covenants to use all reasonable efforts to follow such a plan for
replenishment.
Section 10: PROVISION FOR DEFEASANCE OF THE BONDS
In the event that money anchor direct obligations of, or obligations guaranteed by the
United States (hereinafter referred to as "government obligations ") as provided by Section 39.53
RCW, as it now reads or is hereafter amended, maturing or having guaranteed redemption prices,
at such time or tunes and bearing interest to be earned thereon in such amounts as are sufficient
}
(together with any resulting cash balances) to redeem and retire part or al] of the Bonds in
accordance with their terms, are hereafter irrevocably set aside in a special account and pledged
to effect such redemption and retirement, then no further payments need be made into the Bond
Fund for the payment of the principal of and interest on the Bonds so provided for and such
Bonds shall then cease to be entitled to any lien, benefit or security of this Ordinance, except the
right to receive the funds so set aside and pledged, and such Bonds shall no longer be deemed to
be outstanding hereunder.
Section 11; EXECUTION OF THE BONDS
Without unreasonable delay the City shall cause the Bonds to be prepared, executed and
delivered. which Bands shall be typed, lithographed or printed with steel engraved or
lithographed borders. Each Bond shall be executed on behalf of the City by the Mayor and shall
be attested by the Clerk (both of which signatures shall he by manual signature)- Each Bond
shall be substantially in the form as set forth in Exhibit [[A„ attached hereto and trade a part
hereof
The Bonds shall then be delivered to the Registrar for registration and delivery. Only
such Bonds as shall bear thereon a Registration Certificate in the form hereinafter recited,
manually executed by the Registrar, shall be valid or obligatory for any purpose or entitled to the
benefits of this Ordinance. and such Registration Certificate shall be conclusive evidence that the
Bonds so registered have been duly ex.ecuted and delivered hereunder and are entitled to the
benefits of this Ordinance.
Section 12: SALE OF BONDS
The City hereby authorizes and approves the sale of the Bonds to the 'Underwriter in
accordance with the terms and conditions set forth in the Bond Purchase Contract. The City
hereby delegates to the City Manager the authority to execute the Bond Purchase Contract on
behalf of the City in substantially the form filed with the City, subject to the following
limitations:
(a)
(b)
of. 6 -0 %;
The principal amount of the Bonds does not exceed 59,430,000;
The interest rite on the .Bonds does not exceed a total interest cost (TIC)
(c) The Bond Purchase Contract is reviewed and approved by the Financial
Advisor for the City; and
(d) The Bond Purchase Contract is executed prior to November 5, 2003 and
the closing of the Bonds shall occur on or before November 26, 2003.
The City Manager, the Clerk, the Finance and Administrative Services Director and
Preston Gates & Ellis LLP, bond counsel, are hereby further authorized to do everything
necessary for the prompt execution and delivery of the Bonds to the Underwriter and for the
proper application and use of the proceeds of the sale thereof, including: (i) Accepting the final
Official Statement regarding the Bonds; (ii) executing such certificates and receipts as may be
necessary to properly document the issuance of all the Bonds; and (iii) disbursing the proceeds of
the Bonds.
Section 13: TAX COVENANTS; SPECIAL DESIGNATION
A. Tax Covenants: The City hereby covenants that it will not make any use of the
proceeds of sale of the Bonds or any other funds of the City which may be deemed to be
proceeds of such Bonds pursuant to Section 148 of the Code which will cause the Bonds to be
"arbitrage bonds" within the meaning of said section and said regulations. The City will comply
with the requirements of Section 148 of the Code (or any successor provision thereof applicable
to the Bonds) throughout the term of the Bonds. The City hereby further covenants that it will
not take any action or permit any action to be taken that would cause the Bonds to constitute
"private activity bonds" under Section 141 of the Code.
B. Special Designation: The Bonds are hereby designated as "Qualified Tax
Exempt Obligations" for purposes of Section 265(b) of the Code. The City does not expect to
issue tax- exempt obligations in an aggregate principal amount in excess of $10,000,000 during
the 2003 calendar year.
Section 14: PRELIMINARY OFFICIAL STATEMENT DECLARATION
The Mayor is hereby authorized to execute a certificate deeming the preliminary official
statement dated October 23, 2003 "final" for purposes of Rule 15c2 -12 of the Securities and
Exchange Commission and other certificates required by the'securities laws of various states and
the United States of America.
Section 15: UNDERTAKING TO PROVIDE ON -GOING DISCLOSURE
(a) Contract/Undertaking. This section constitutes the City's written undertaking for
the benefit of the owners of the Bonds as required by Section (b)(5) of the Rule.
(b) Financial Statements /Operating Data. The City agrees to provide or cause to be
provided to each I\NRMSIR and to the SID, if any, in each case as designated by the SEC in
accordance with the Rule, the following annual financial information and operating data for the
prior fiscal year (commencing in 2004 for the fiscal year ended December 31, 2003):
1. Annual financial statements, which statements may or may not be audited,
showing ending fund balances for the City's general fund prepared in accordance with
the Budgeting Accounting and Reporting System prescribed by the Washington State
Auditor pursuant to RCW 43.09.200 (or any successor statute) and generally of the type
included in the official statement for the Bonds under the heading `Budgeting."
2. The assessed valuation of taxable property in the City;
3. Ad valorem taxes due and percentage of taxes collected;
=12- •
4. Property tax levy rate per $1,000 of assessed valuation; and
5. Outstanding general obligation debt of the City.
Items 2 -5 shall be required only to the extent that such information is not included in the
annual financial statements.
The information and data described above shall be provided on or before nine months
after the end of the City's fiscal year. The City's current fiscal year ends December 31. The
City may adjust such fiscal year by providing written notice of the change of fiscal year to each
then existing NRMSIR and the SID, if any. In lieu of providing such annual financial
information and operating data, the City may cross- reference to other documents provided to the
NRM.SIR, the SID or to the SEC and, if such document is a final official statement within the
meaning of the Rule, available from the MSRB.
If not provided as part of the annual financial information discussed above, the City shall
provide the City's audited annual financial statement prepared in accordance with the Budgeting
Accounting and Reporting System prescribed by the Washington State Auditor pursuant to
RCW 43.09.200 and RCW 43.09.200 (or any successor statutes) when and if available to each
then existing NRMSIR and the SID, if any.
(c) Material Events. The City agrees to provide or cause to be provided, in a timely
manner, to the SID, i f any, and to each NRMSIR or to the MSRB notice of the occurrence of any
of the following events with respect to the Bonds, if material:
• Principal and interest payment delinquencies;
• Non-payment related defaults;
• Unscheduled draws on debt service reserves reflecting financial difficulties;
• Unscheduled draws on credit enhancements reflecting financial difficulties;
• Substitution of credit or liquidity providers, or their failure to perform;
• Adverse tax opinions or events affecting the tax - exempt status of the Bonds; •
• Modifications to the rights of Bond owners;
• Bond calls (optional, contingent or unscheduled Bond calls other than scheduled sinking
fund redemptions for which notice is given pursuant to Exchange Act Release 34- 23856);
• Defeasances;
• Release, substitution or sale of property securing repayment of the Bonds; and
• Rating changes.
Solely for purposes of disclosure, and not intending to modify this undertaking, the City
advises that no debt service reserves or property secure payment of the Bonds.
(d) Notification Upon Failure to Provide Financial Data. The City agrees to provide
or cause to be provided, in a timely manner, to each NRMSIR or to the MSRB and to the SID, if
any, notice of its failure to provide the annual financial information described in Subsection (b)
above on or prior to the date set forth in Subsection (b) above.
- 13 -
(e) Termination /Modification. The City's obligations to provide annual financial
information and notices of material events shall terminate upon the legal defeasance, prior
redemption or payment in full of all of the Bonds. Any provision of this section shall be null and
void if the City (1) obtains an opinion of nationally recognized bond counsel to the effect that the
portion of the Rule that requires that provision is invalid, has been repealed retroactively or
otherwise does not apply to the Bonds and (2) notifies each NRMSIR and the SID, if any, of
such opinion and the cancellation of this section.
The City may amend this section with an opinion of nationally recognized bond counsel
in accordance with the Rule. In the event of any amendment of this section, the City shall
describe such amendment in the next annual report, and shall include, a narrative explanation of
the reason for the amendment and its impact on the type (or in the case of a change of accounting
principles, on the presentation) of financial information or operating data being presented by the
City. In addition, if the amendment relates to the accounting principles to be followed in
preparing financial statements, (i) notice of such change shall be given in the same manner as for
a material event under Subsection (c), and (ii) the annual report for the year in which the change
is made shall present a comparison (in narrative form and also, if feasible, in quantitative form)
between the financial statements as prepared on the basis of the new accounting principles and
those prepared on the basis of the former accounting principles.
(f) Bond Owner's Remedies Under This Section. The right of any bondowner or
beneficial owner of Bonds to enforce the provisions of this section shall be limited to a right to
obtain specific enforcement of. the City's obligations under this section, and any failure by the
City to comply with the provisions of this undertaking shall not be an event of default with
respect to the Bonds. For purposes of this section, "beneficial owner" means any person who has
the power, directly or indirectly, to vote or consent with respect to, or to dispose of ownership of,
any Bonds, including persons holding Bonds through nominees or depositories.
Section 16: BOND INSURANCE
The City has determined to purchase Bond Insurance for all or part of the Bonds. The
City Council hereby approves the commitments of to provide a bond insurance
policy guaranteeing the payment when due of principal of and interest on the Bonds (the `Bond
Insurance Policy ") and authorizes and directs all proper officers, agents, attorneys and employees
of the City to cooperate with in preparing such additional agreements, certificates,
and other documentation on behalf of the City as shall be necessary or advisable in providing for
the Bond Insurance Policy.
Section 17: SEVERABILITY
If any one or more of the covenants or agreements provided in this Ordinance to be
performed on the part of the 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 in this
Ordinance and shall in no way affect the validity of the other provisions of this Ordinance or of
the Bonds.
Section 18: RATIFICATION
All actions (not inconsistent with the provisions of this Ordinance) heretofore taken by
the City, and its employees, with respect to the Acquisition of the Improvements, and the
issuance, sale and delivery of the Bonds, are hereby in all respects ratified, approved, and
confirmed.
Section 19: REPEALER
All ordinances or parts thereof in conflict herewith, to the extent of such conflict, are
hereby repealed.
ATTEST:
(S..EA L)
Section 20: EFFECTIVE DATE
This Ordinance shall be in effect from and after its adoption and publication of the title
hereof substantially in the form attached hereto as Exhibit "A ", incorporated herein by
reference, as provided by RCW 35A.12.120.
FIRST READING: October 14, 2003.
SECOND READING: October 28, 2003.
PASSED AND ADOPTED by the City Council of the City of Spokane Valley, Spokane
County Washington, this 28 day of October, 2003.
City Clerk
CITY OF SPOKANE VALLEY,
Spokane County, Washington
Mayor
CERTIFICATION
I, the undersigned City Clerk of the City of Spokane Valley, of Spokane County,
Washington, HEREBY CERTIFY that the foregoing Ordinance is a full, true and correct copy of
an Ordinance duly adopted at a regular meeting of the City Council of said City, duly and
regularly held at the regular meeting place thereof on October 28, 2003, of which meeting all
members of said City Council had due notice and at which a majority thereof were present; and
that at said meeting said Ordinance was adopted by the following vote:
AYES, and in favor thereof, Councilmembers:
NOES, Councilmembers:
ABSENT, Councilmembers:
ABSTAIN, Councilmembers:
1 FURTHER CERTIFY that 1 have carefully compared the same with the original
Ordinance on file and of record in my office; that said Ordinance is a full, true and correct copy
of the original Ordinance adopted at said meeting; and that said Ordinance has not been
amended, modified or rescinded since the date of its adoption, and is now in full force and effect.
IN WITNESS WHEREOF, I have set my hand and affixed the official seal of said City
on October 28, 2003.
(SEAL)
CITY OF SPOKANE VALLEY
City Clerk
[Form of :Bonds]
No. S
See Reverse Side for
Additional Provisions
EXHIBIT "A" - Page 1
Principal Amount
UNITED STATES OF AMERICA
STATE OF WASHINGTON
COUNTY OF SPOKANE
CITY OF SPOKANE VALLEY
LIMITED TAX GENERAL OBLIGATION BOND, 2003
(The City has designated the Bonds of this Series
as "Qualified Tax - Exempt Obligations ")
Interest Rate Maturity Date
The CITY OF SPOKANE VALLEY, of Spokane County, Washington, (the "City"), a
duly incorporated and existing city under and by virtue of the laws of the State of Washington,
hereby acknowledges itself indebted and for value received promises to pay to
Cede & Co.
on or before the Maturity Date indicated above, the principal sum set forth above, and to pay
interest thereon from the City of Spokane Valley Limited Tax General Obligation Bond — Debt
Service Fund from November , 2003, or the most recent date to which interest has been
paid or duly provided for, at the rate per annum specified above, payable at maturity or any date
of prior redemption of the Bonds. Interest shall be calculated on the basis of a 360 -day year.
Both principal of and interest on this Bonds are payable in lawful money of the United
States of America. For so long as the Bonds of this issue is in fully immobilized form, payment
of principal and interest thereon shall be made as provided in accordance with the operational
arrangements of DTC referred to in the Blanket Letter of Representationsfrom the City to The
Depository Trust Company. In the event that the Bonds of this issue are no longer in fully
immobilized form, both principal and interest on this Bonds shall be paid by check or draft
mailed to the Registered Owner at the address appearing on the Bond Register on the first day of
the month preceding the maturity date, upon presentation and surrender of this Bonds by the
Registered Owner at the principal office of the Bond Registrar.
Reference is hereby made to additional provisions of this Bonds set forth on the reverse
side hereof and such additional provisions shall for all purposes have the same effect as if set
forth in this space.
This Bonds shall not be valid or become obligatory for any purpose or be entitled to any
security or benefit under the Bond Ordinance until the Certificate of Authentication hereon shall
have been manually signed by the Bond Registrar.
IT IS HEREBY CERTIFIED AND DECLARED that this Bonds is issued pursuant to
and in strict compliance with the Constitution and laws of the State of Washington and
ordinances and resolutions of the City, specifically the Ordinance No. 03 -084 of the City,
adopted on October 28, 2003, (the "Bond Ordinance "), and that all acts, conditions and things
required to be done precedent to and in the issuance of this Bonds have happened, been done and
performed.
IN WITNESS WHEREOF, the City has caused this Bonds to be executed by the manual
signature of its Mayor, and attested by the manual signature of its Clerk, with the official seal of
the City impressed hereon this 18 day of November, 2003.
ATTEST:
(SEAL)
[Manual Signature]
. City Clerk
This Bond is issued pursuant to and in full compliance with the Constitution and laws of
the State of Washington, and also pursuant to all proceedings duly adopted and authorized by the
City, more particularly the Bond Ordinance. Capitalized terms used herein shall have the
meanings given to them by the Bond Ordinance.
The City has reserved the right and option to redeem and call the Bonds maturing on and
after December 1, 20 at any time on or after December 1, 20 , in whole or in part
(maturities to be selected by the City and by lot within a maturity in such manner as the Bond
Registrar or DTC shall determine), at the price of par plus accrued interest, if any, to date of
redemption. Unless waived by the Registered Owner of any Bonds to be redeemed, notice of ti
any such redemption will be given not less than thirty (30) nor more than sixty (60) days prior to
EXHIBIT "A" - Page 2
CITY OF SPOKANE VALLEY,
Spokane County, Washington
[ Reverse Side of Bonds ]
ADDITIONAL PROVISIONS
[Manual Signature]
Mayor
the date fixed for redemption by first -class mail, postage prepaid, to the address appearing on the
Bond Register.
The Bonds are issued by the City in the aggregate principal amount of not to exceed
S9,430,000 for the purpose of constructing, acquiring and equipping City facilities.
To provide for the payment of the Bonds, the City has pledged its full faith and credit for
the payment of the Bonds, within the appropriate Constitutional and statutory limitations
pertaining to non -voted general obligations. The City shall make annual tax levies upon all of
the taxable property within the City sufficient, together with other legally available funds, to
meet the payments of principal and interest maturing and accruing as set forth herein, having
always in mind the Constitutional and statutory tax limitations pertaining to non -voted general
obligations.
Reference is hereby made to the Bond Ordinance for a description of the covenants and
conditions under which this Bond is issued. The City hereby covenants and agrees with the
Registered Owner of this Bond that it will keep and perform all of the covenants of this Bond
and of the Bond Ordinance to be kept and performed by the City.
This Bond is transferable by the Registered Owner hereof in person, or by his attorney
duly authorized in writing, upon presentation and surrender of this Bond at the principal office of
the Registrar. Upon such transfer, a new fully registered Bond of the same denomination,
maturity and interest rate will be issued to the transferee, in exchange therefor.
I the undersigned City Clerk of the City of Spokane Valley, of Spokane County,
Washington, DO HEREBY CERTIFY that the legal opinion of Preston Gates & Ellis LLP, of
Seattle, Washington, which opinion was dated the date of delivery of the Bonds described
therein, was delivered to me on said date, and is now part of the permanent records of the City.
Date of Authentication:
This Bond is one of the City of Spokane Valley Limited Tax General Obligation Bonds,
2003, dated as of November , 2003, and described in the within- mentioned Bond
Ordinance.
EX.11.1.BIT "A" - Page. 3
LEGAL OPINION
CITY OF SPOKANE VALLEY,
Spokane County, Washington
Manual Signature
Clerk
CERTIFICATE OF AUTHENTICATION
WASHINGTON STATE FISCAL AGENCY,
EXHTBIT "A" - Page 4
as Bond Registrar
By f manual signature
Authorized Officer
ATTEST:
(SEAL)
City Clerk
EXN1.BIT "B" - Pave 1
[Summary for Publication]
CITY OF SPOKANE VALLEY
Spokane County, ■'ashington
GENERAL OBLIGATION BONDS - S9,430,000
The Title of Ordinance No. 03 -084, adopted by the City Council of the City of Spokane
Valley on October 28, 2003, is as follows:
AN ORDINANCE OF THE CITY OF SPOKANE VALLEY, OF SPOKANE
COUNTY, WASHINGTON, PROVIDING FOR THE ISSUANCE OF LIMITED
TAX GENERAL OBLIGATION BONDS IN THE AGGREGATE PRINCIPAL
AMOUNT OF NOT TO :EXCEED 59,430,000 TN ORDER TO OBTAIN FUNDS TO
PAY PART OF THE COSTS OF ACQUISITION AND CONSTRUCTION OF A
REGIONAL CENTER, RELATED CAPITAL FACILITIES AND STREET
IMPROVEMENTS; PROVIDING FOR THE SALE OF THE BONDS TO
LEHMN BROTIiERS, OF SEATTLE, WASHINGTON; PROVIDING FOR THE
REGISTRATION OF SAID BONDS; CREATING CERTAIN FUNDS FOR SAID
BONDS; FIXING THE INTEREST RATE, MATURITIES, FORM, TERMS AND
COVENANTS OF SAID BONDS; PROVIDLNG CERTAIN COVENANTS WITH
RESPECT TO FEDERAL TAX LAW; PROVIDING FOR THE PURCHASE OF
MUNICIPAL BOND INSURANCE; PROVIDING CERTAIN COVENANTS
WITH RESPECT TO ON -GOING DISCLOSURE; PROVIDING FOR THE
EFFECTIVE DATE OF THIS ORDINANCE; AND PROVIDING FOR OTHER
MATTERS PROPERLY RELATING THERETO
A copy of the entire Ordinance is on file with the City Clerk and available for review
during normal office hours.
CITY OF SPOKANE VALLEY,
Spokane County, Washington
Mayor
CERTIFICATION OF BOND COUNSEL
1, the undersigned bond counsel to the City of Spokane Valley, of Spokane County,
Washington, hereby certi fy that I have read the attached Summary of Ordinance No. 03 -084 and
that the same is true and complete and provides adequate notice to the public of the contents of
said Ordinance.
DATED this 28 day of October, 2003.
EXHIBIT "B" - Page 2
By
Michael C. Ormsby
CITY OF SPOKANE VALLEY
Request for Council Action
Meeting Date: October 28, 2003 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 franchise for OneEIGHTY Networks, Inc.
GOVERNING LEGISLATION:
PREVIOUS COUNCIL ACTION TAKEN: Study session 10- 21 -03.
BACKGROUND: OneEIGHTY Networks expects to provide 'last mile" fiber to houses and
businesses that do not currently have fiber access.
The city would have access to four strands of dark fiber under the same terms as provided for in
the Columbia and EMAN franchises.
This franchise is identical in its terms to the Columbia and EMAN franchises.
OPTIONS: Not granting the franchise.
RECOMMENDED ACTION OR MOTION: Move to put the ordinance on for second reading on
November 12, 2003.
BUDGET /FINANCIAL IMPACTS: Will depend upon how much of system city uses, if any.
STAFF CONTACT: Cary P, Driskell
ATTACHMENTS: Copy of proposed franchise
DRAFT OncEIGHTY Franchise Ordinance
CITY OF SPOKANE VALLEY
SPOKANE COUNTY, WASHINGTON
ORDINANCE NO. 03 -085
AN ORDINANCE OF THE CITY OF SPOKANE VALLEY, SPOKANE COUNTY,
WASHINGTON, GRANTING A NON - EXCUSIVE FRANCHISE TO OneEIGHTY
NETWORKS, INC., TO CONSTRUCT, MAINTAIN AND OPERATE CERTAIN
FACILITIES WITHIN THE PUBLIC RIGHT -OF -WAY AND PUBLIC
PROPERTIES OF THE CITY OF SPOKANE VALLEY
W.EIEREAS, RCW 35A.47.040 authorizes the City to grant, permit, and regulate non- exclusive
franchises for the use of public streets, bridges or other public ways, structures or places above or below
the surface of the ground for railroads and other routes and facilities for public conveyances, for poles,
conduits, tunnels, towers and structures, pipes and wires and appurtenances thereof for transmission and
distribution of electrical energy, signals and other methods of communication, for gas, steam and liquid
fuels, for water sewer and other private and publicly owned and operated facilities for public service; and
WHEREAS, the grant of such non - exclusive franchises requires the approving vote of at least a
majority of the entire City Council and publication at least once in a newspaper of general circulation in
the City; and
WHEREAS, the Council finds that the grant of the franchise contained in this Ordinance, subject
to its terms and conditions, is in the best interests of the public.
NOW, THEREFORE, the City Council of the City of Spokane Valley, Spokane County,
Washington, does ordain as follows:
Section 1. Definitions. For the purpose of this Ordinance, the following words and terms
shall have the meaning set forth below:
1. "City Manager" shall mean the City Manager or his/her designee.
2. "construction" or "construct" shall mean constructing, digging,
excavating, laying, testing, operating, extending, upgrading, renewing, removing,
replacing, and repairing a facility.
3. "day' means a twenty -four (24) hour period beginning at 12:01 a.m. If a
thing or act is to be done in less than seven (7) days, intermediate Saturdays,
Sundays and legal holidays shall be excluded in the computation of time.
4. "distribution system, system and lines" used either in the singular or
plural shall mean and include the poles, conductor, pipe, mains, laterals,
conduits, feeders, regulators, meters, fixtures, connections, and all attachments,
appurtenances equipment and appliances necessary and incidental thereto or in
any way appertaining to the distribution of the service or product and which are
located within a right -of -way.
5. "facility" used either in the singular or plural shall mean any tangible
component of the transmission and distribution system within the right of way or
on public property, including supporting structures, located in the operation of
Ordinance 03 -085 Page 1 of 15
DRAFT OneEIGHTY Franchise Ordinance
activities authorized by this Franchise. The abandonment by Grantee of any
facilities as defined herein shall not act to remove the same from this definition.
6. "hazardous substances" shall mean any substance or material defined or
designated as hazardous or toxic waste, hazardous or toxic material, a hazardous,
toxic or radioactive substance, or other similar term, by any federal, state or local
environmental statute, regulation, or ordinance or decision of a state or federal
court or administrative agency or body, presently in effect or that may be
promulgated in the future, and as such statutes, regulations and ordinances may
be amended from time to time.
7. "maintenance, maintaining or maintain" shall mean the work involved in
the replacement and/or repair of Facilities; including constructing, relaying,
repairing, replacing, examining. testing, inspecting, removing, digging and
excavating, and restoring operations incidental thereto.
8. " Permtttee" shall mean a person or entity who has been granted a permit
by the Permitting Authority.
9. "Permitting Authority" shall mean the City Manager or designee
authorized to process and grant permits required to perform work in the rights of
way (i.e.,Obstruction Permits).
10. "product" shall refer to the item, thing or use provided by the Grantee.
11. "public property" shall mean any real estate or any facility owned by the
City.
12. "right -of -way" shall refer to the surface of and the space along, above,
and below any street, road, highway, freeway, lane, sidewalk, alley, court,
boulevard, parkway, drive, Grantee easement, and/or road right —of- way now or
hereafter held or administered by the City.
13. "streets" or "highways" shall mean the surface of, and the space above
and below, any public street, road, alley or highway, within the City used or
intended to be used by the general public, to the extent the City has the right to
allow the Grantee to use them.
Section 2. Grant of Franchise. The City of Spokane Valley, a Washington municipal
corporation (hereinafter the "City "), hereby g=rants unto OneEJGHTY Networks, Inc., a Washington for
profit corporation (hereinafter "Grantee "), a franchise for a period of ten (10) years, beginning on the
effective date of this Ordinance, to install, construct, operate, maintain, replace and use all necessary
equipment and facilities to place facilities in, under, on, across, over, through, along or below the public
rights -of -way and public places located in the City of Spokane Valley, as approved under City permits
issued pursuant to this franchise ( hereinafter the "Franchise ").
Section 3. Fee. No right -of -way use fee is imposed for the term of this Franchise. Any such
right -of -way use or franchise fee that may be imposed by subsequent ordinance would apply to any
subsequent franchise, if any, between the parties.
Ordinance 03 -085 Page 2 of 15
DRAFT OneEIGHTY Franchise Ordinance
Section 4. City Use. The following provisions shall apply regarding City use.
1. Grantee agrees to grant to the City, at no cost to City, an indefeasible right of use
of four (4) dark fiber strands at every location passed by Grantee's facilities within the boundaries
of the City, for sole and exclusive municipal use or designation, with access to any building or
facility designated by the City. Said dark fiber shall be reserved for use by the City for
governmental purposes, PROVIDED, that as to the fiber resources granted to the City under the
terms of this provision, the City agrees that it will not use such fiber as a public utility provider of
telecommunications business service to the public. The City reserves the right to connect its four
dark fiber strands to other fiber network providers, with the goal of achieving maximum
connectivity for City purpose.
2. The City shall have the right to access by connection to the four dark fiber strands
at any location served by this Franchise within the City limits The City shall provide at least 30
days written notice of intent to access Grantee's service.
3. The City shall pay all costs associated with constructing any City connection to
Grantee's Franchise service. The City shall pay Grantee a recurring monthly charge of S20.00 per
fiber pair per mile in use by the City unless otherwise specifically agreed by both the parties in
writing. Said monthly recurring charge shall not be imposed until such time as the fiber is put
into use by City. A fiber pair refers to two strands of cable.
4. Subject. to Subsection 1, the designation of either conduit or fiber shall be at the
sole discretion of the City Manager, PROVIDED, Grantee may submit a written request to the
City Manager asking him/her to advise of the City's election of conduit or fiber for a specific
installation or area, whereupon the City Manager shall promptly designate a choice. In the
absence of a response from the City Manager, the designation shall be deemed the fiber option.
In the event of expansion, upgrade, or major repair or maintenance operations affecting conduit
installation or transrnission capacity, the City may change or exercise its option as in the instance
of an initial installation.
Section 5. Recovery of Costs. Grantee shall be subject to all permit fees associated with
activities undertaken through the authority granted in this Franchise or under ordinances of the City.
Where the City incurs costs and expenses for review or inspection of activities undertaken through the
authority granted in this Franchise or any ordinances relating to the subject for which a permit fee is not.
established, Grantee shall pay such costs and expenses directly to the City. In addition to the above,
Grantee shall promptly reimburse the City for any and all costs it reasonably incurs in response to any
emergency involving Grantee's facilities.
Section 6. Non - Exclusivity. This Franchise is granted upon the express condition that it
shall not in any manner prevent. the City from granting other or further franchises in, under, on, across,
over, through along or below any rights -of -way, streets, avenues and any other public lands and
properties of every type and description. This and other franchises shall, in no way, prevent or prohibit the
City from using any of its right -of -ways, roads, streets or other public properties or affect its jurisdiction
over them or any part of them. - The City hereby retains full power to make all changes, relocations,
repairs, maintenance, establishments, improvements, dedications or vacation of same as the City may
deem fit including the dedication, establishment, maintenance, and improvement of all new rights -of-
way, streets, avenues, thoroughfares and other public properties of every type and description.
Section 7. Non - interference with Existing Facilities. The City shall have prior and superior
right to the use of its roads, streets, and alleys, and public properties for installation and maintenance of
Ordinance 03-085 Page 3 of 15
DRAFT OncEIGHTY Franchise Ordinance
its facilities and other governmental purposes, and should in the sole discretion of the City a conflict arise
with the Grantee's facilities, the Grantee shall, at its own expense and cost, conform to the City's facilities
and other government purposes of the City.
The owners of all utilities, public or private, installed in or on such public properties prior to the
installation of the lines and facilities of the Grantee, shall have preference as to the positioning and
location of such utilities so installed with respect to the Grantee. Such preference shall continue in the
event of the necessity of relocating or changing the la of any such public properties.
Grantee's system shall be constructed and maintained in such manner as not to interfere with any
public use, or with any other pipes, wires, conduits or other facilities that may have been laid in the rights
of way by or under the City's authority.
Section 8. "Light to Roads Not Superseded. The City, in the granting of this Franchise, does
not waive any rights which it now holds or may hereafter acquire, and .this Franchise shall not be
construed so as to deprive the City of any powers, rights, or privileges which it now has, or may hereafter
acquire, including the right of eminent domain, to regulate the use and control of its roads covered by this
Franchise, or to go upon any and all City roads and highways for any purpose including constructing,
repairing, or improving the same in any such manner as the City, or its representatives may elect. The
City shall retain full authoritative power in the same and like manner as though this Franchise had never
been granted.
Nothing in this Franchise shall be construed to prevent the City from constructing facilities,
grading, paving, repairing and/or altering any street, or laying down, repairing or removing facilities or
constructing or establishing any other public work or improvement. All such work shall be done, insofar
as practicable, so as to not obstruct, injure or prevent the unrestricted use and operation of the facilities of
the Grantee under this Franchise. If, however, any of the Grantee's facilities interfere with City projects,
Grantee's facilities shall be removed or replaced. Any and all such removal or replacement shall be at the
sole expense of the Grantee. Should Grantee fail to remove, adjust or relocate its facilities by the date
established by the City Engineer's written notice to Grantee, the City may cause and/or effect such
removal, adjustment or relocation, and the expense thereof shall be paid by Grantee.
Section 9. Commencement of Construction. Construction of the facilities contemplated by
this Franchise may commence within ninety (30) days of the effective date of this Ordinance, provided
that such time limit shall not apply to delays caused by acts of God, strike or other occurrences over
which Grantee has no control. Failure to begin construction of facilities within one (1) year of this
franchise shall automatically result in termination of this franchise.
Section 10. Construction Standards. All facilities shall be installed in conformity with the
plans and specifications filed with the City, except in instances in which deviation may be allowed in
writing by the City Engineer pursuant to application by the Grantee. All plans and specifications shall
specify the class and type of material and equipment to be used, manner of excavation, construction and
installation, back-fill, erection of temporary structures, erection of permanent structures, and the traffic
control mitigation measures as provided by the Manual on Uniform Traffic Control Devices, or similar
standards as may be applicable from time to time. The plans must meet all Federal, State, County and
City Codes and the Utility Accommodation Plan Standards.
Notwithstanding any provision herein to the contrary, any excavations and installations by the
Grantee in any of the public properties within the corporate limits of the City shall be done in accordance
with such reasonable rules, regulations, and resolutions of general application now enacted or to be
enacted by City Council, relating to excavations in public properties of the City, and authorized by the
Ordinance 03-085 Page4 of 15
DRAFT OneEIGHTY Franchise Ordinance
City Engineer. Said rules, regulations, authorizations, and resolutions shall be for the purposes of
fulfilling the City's public trustee role in administering the primary use and purpose of public properties,
and not for relieving the Grantee of any duty, obligation, or responsibility for the competent design,
construction, maintenance, and operation of its facilities. Grantee is responsible for the supervision,
condition, and quality of the work done, whether it is by itself or by contractors, assigns or agencies.
Section 11. Special Construction Standards. luring any period of work relating to Grantee's
facilities, all surface structures and equipment, if any, shall be erected and used in such places and
positions within or adjacent to public rights -of -way and other public properties so as to interfere as little
as possible with the free passage of vehicular and pedestrian traffic and the free use of adjoining property.
Grantee shall, at all times, post and maintain proper barricades and comply with all applicable safety
regulations during such period of construction as required by the ordinances of the City, conditions of
permits, and laws and regulations of the State of Washington, specifically including RCW 39.04.1 S0 for
the construction of trench safety systems.
If Grantee shall at any time be required, or plan, to excavate trenches in any area covered by this
Ordinance, the Grantee shall afford the City an opportunity to permit other franchisees and utilities to
share such excavated trenches, provided that: (1) such joint use shall not unreasonably delay the work of
the Grantee; and (2) such joint use shall not adversely affect Grantee's facilities or safety thereof. When
deemed appropriate by the City, joint users may be required to contribute to the costs of excavation and
filling
Section 12. Restoration After Construction. Grantee shall, after abandonment approved
under Section 29 herein, or any other installation, construction, relocation, maintenance, or repair of
facilities within the area of this Franchise, restore the surface of the right-of-way or public property to at
least the currently adopted City standards or as required by the City Engineer through a right -of.- -way
permit, depending upon special circumstances. Grantee agrees to promptly complete all restoration work
and to promptly repair any damage caused by such work within the arca of this Franchise or other
affected area at its sole cost and expense.
Section 13. Damage and Non- Compliance. Any and all damage, or injury, done or caused to
City right -of -way, City facilities, or any portion thereof in the construction, operation maintenance or
repair of Grantee's facilities shall be immediately repaired and reconstructed to the satisfaction of the City
Engineer. In the event the Grantee shall fail, neglect, or refuse to immediately repair and reconstruct said
damage or injury to said City right -of -way or facilities, the same may be done by the City and the cost
and expense shall be immediately paid by the Grantee to the City.
If it is discovered by the City that Grntcc has damaged, injured, or failed to restore the right-of-
way in accordance with this Franchise, the City shall provide the Grantee with written notice including a
description of actions the City believes necessary to restore the right-of-way. If the right -of -way is not
restored within ten (10) days' from written notice, the City, or its authorized agent, may restore the right -
of -way and facilities. The Grantee is responsible for all costs and expenses incurred by the City to repair
and restore the right-of-way and facilities in accordance with this Franchise. The rights granted to the
City under this section shall be in addition to those otherwise provided by this Franchise.
Section 14. Protection of Monuments. Before any work is performed under this Franchise
which may affect any existing monuments or markers of any nature relating to subdivisions, plats, roads,
and all other surveys, the Grantee shall reference all such monuments and markers. The reference points
shall be so located that they will not be disturbed during the Grantee's operations under this Franchise.
The method of referencing these monuments or other points to be referenced shall be approved by the
City Engineer. All concrete encased recorded monuments which have been disturbed or displaced by
Ordinance 03 -085 Page 5 of 15
DRAFT OneEIGHTY Franchise Ordinance
such work shall be restored pursuant to State and Federal standards and specifications. The replacement
of all such monuments or markers disturbed during construction shall be made as expeditiously as the
conditions permit, and as directed by the City Engineer. The cost of monuments or other markers lost,
destroyed, or disturbed, and the expense of replacement of approved monuments and other marker ties
which have been re- established or disturbed shall be borne by the Grantee.
Section 15. Drainage. If the work done under this Franchise interferes in any way with the
drainage of a City right-of-way, the Grantee shall wholly and at its own expense make such provisions
necessary to eliminate the interference to the drainage to the satisfaction of the City Engineer.
Section 16. Obstruction Permits Required. Whenever Grantee shall occupy or excavate in
any public right -of -way or other public property for the purpose of installation, construction, repair,
maintenance or relocation of its facilities, it shall apply to the City for a permit to do so, together with
detailed plans and specifications showing the position, depth, and location of all such facilities in relation
to existing rights-of-way, roads, streets, or other public property, hereinafter collectively referred to as the
"Plans." All work within any public rights -of -way or on other public property shall be pursuant to a valid
permit. The facilities shall be installed or constructed in exact conformity with said Plans except in
instances in which deviation may be allowed by the City, in writing, in response to written application by
Grantee. The Plans shall specify the class and type of material and equipment to be used, manner of
excavation, construction, installation, backfill, erection of temporary structures and facilities, erection of
permanent structures and facilities, traffic control, traffic turnouts and road obstructions, and all other
necessary information including a schedule for the work. During the progress of the work, Grantee shall
not unnecessarily obstruct the passage or proper use of the rights-of-way. Grantee shall file as -built plans
and maps with the City showing the final location of the facilities. All restoration of rights -of -way, roads,
streets, storm drainage and the surface of other public property shall be in conformance with City
standards, and conditions of the permit.
Section 17. Maintenance Grantee shall provide and put in use all facilities necessary to
control and carry Grantee's products so as to prevent injury to the City's property or property belonging to
any person within the City. Grantee, solely at its own expense, shall repair, renew, change, and improve
said facilities from time to time as may be necessary to maintain the same in good condition.- Grantee
shall not construct its facilities in a manner that requires any customer to install cables, ducts, conduits, or
other facilities, in, under, or over the City's rights- of -way.
Section 18. Emergency Response. The Grantee shall, within six months of the execution of
this Franchise by the Grantee, prepare and file with the City and adhere to an Emergency Management
Plan (the "Plan ") for responding to any spill, break, or other emergency condition. The Plan shall
designate responsible officials and emergency 24 -hour on -call personnel and the procedures to be
followed when responding to an emergency. When developing such Plan, the Grantee shall work with the
City Engineer and the City's Police Department to determine when and how the same should be contacted
during emergencies. After being notified of an emergency, Grantee shall cooperate with the City and
make every effort to immediately respond with action to minimize damage and to protect the health and
safety of the public.
In the event the Grantee refuses to promptly take the directed action, or fails to fully comply with
such direction, or if emergency conditions exist which require immediate action to prevent imminent
injury or damages to persons or property, the City may take such actions as it believes are necessary to
protect persons or property and the Grantee shall be responsible to reimburse the City for its costs and any
expenses.
Ordinance 03 -085 Page 6 of 15
DRAM* OneETGHTV Franchise Ordinance
Section 19. Emergency Work. in the event of any emergency in which any of Grantee's
facilities break, are damaged, or if Grantee's facilities or constriction areas are otherwise in such a
condition as to immediately endanger any property, life, health, or safety, Grantee shall immediately
inform the City of the location and condition and shall immediately take all necessary actions to repair its
facilities, and to cure or remedy any dangerous conditions. Such emergency work may be commenced
without first applying for and obtaining a permit as required by this Franchise. however, this provision
shall not relieve Grantee from the requirement of obtaining any permits necessary for this purpose, and
Grantee shall apply for all such permits not later than the next succeeding day during which the City is
open for business.
Section 20. One -Call System. Pursuant to RCW 19.122, Grantee is responsible for becoming
familiar with, and understanding, the provisions of Washington's One-Call statutes. Grantee shall
comply with the terms and conditions set forth in the One-Call statutes.
Section 21. Inspections and Fees. All work performed by Grantee shall be subject to
inspection by and approval of the City. The Grantee shall reimburse the City for all expenses incurred by
the City in the examination, inspection, and approval of Grantee's work. Such reimbursement shall be in
addition to any other fees or charges levied by the City.
Section 22. Safety. The Grantee, in accordance with applicable federal, state, and local
safety Hiles and regulations, shall, at all times, employ ordinary care in the installation, abandonment,
relocation, construction, maintenance, and/or repair, utilizing methods and devices commonly accepted in
their industry of operation to prevent failures and accidents that are likely to cause damage, injury, or
nuisance to persons or property. All of Grantee's facilities in the right -of -way shall be constructed and
maintained in a safe and operational condition. Grantee shall follow all safety codes and other applicable
regulations in the installation, operation, and maintenance of the facilities.
Section 23. Building Moving. Whenever any person shall have obtained permission from
the City to use any right —of -way for the purpose of moving any building or other oversized structure,
Grantee, upon fourteen (14) days' written notice from the City, shall raise or remove, at the expense of the
Permittee desiring to move the building or structure, any of Grantee's facilities that may obstruct the
movement thereof; provided, that the path for moving such building or structure is the path of least
interference to Grantee's facilities, as determined by the City. Upon good cause shown by Grantee, the
City may require more than 14 days' notice to Grantee to move its facilities.
Section 24. Acquiring New Facilities. Upon Grantee's acquisition of any new facilities in
the rights -of -way, or upon any addition or annexation to the City of any area in which Grantee retains any
such facilities in the rights -of -way, the Grantee shall submit to the City a written statement describing all
facilities involved, whether authorized by Franchise or any other form of prior right, and specifying the
location of all such facilities. Such facilities shall immediately be subject to the terms of this Franchise.
Section 25. Dangerous Conditions - Authority of City to Abate. 'Whenever excavation,
installation, construction, repair, maintenance, or relocation of facilities authorized by this Franchise has
caused or contributed to a condition that appears to substantially impair the lateral support of the
adjoining right -of -way, road, street or other public place, or endangers the public, adjoining public or
private property or street utilities, the City may direct Grantee, at Grantee's sole expense, to take all
necessary actions to protect the public and property. The City may require that such action be completed
within a prescribed time.
In the event that Grantee fails or refuses to promptly take the actions directed by the City, or fails
to fully comply with such directions, or if emergency conditions exist which require immediate action, the
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DRAFT OncEIGHTY Franchise Ordinance
City may enter upon the property and take such actions as arc necessary to protect the public, adjacent
public or private property, or street utilities, or to maintain the lateral support thereof, and all other actions
deemed by the City to be necessary safety precautions; and Grantee shall be liable to the City for all costs
and expenses thereof.
Section 26. Hazardous Substances. Grantee shall comply with all applicable state and
federal laws, statutes, regulations and orders concerning hazardous substances relating to Grantee's
facilities in the right —of -way. Grantee shall maintain and inspect its facilities located in the right -of -way.
Upon reasonable notice to Grantee and in the presence of an authorized representative of Grantee, the
City may inspect Grantee's facilities in the right -of -way to determine if any release of hazardous
substances has occurred, or may occur, from or related to Grantee's facilities. This inspection is not to
remove the burden of inspection from the Grantee on a periodic basis of its facilities for hazardous
substances, nor is to remove the responsibility of the hazardous substance from the Grantee. In removing
or modifying Grantee's facilities as provided in this Franchise, Grantee shall also remove all residue of
hazardous substances in compliance with applicable environmental clean -up standards related thereto.
Grantee agrees to forever indemnify the City against any claims, costs, and expenses, of any kind,
whether dirmt or indirect, incurred by the City arising out of the release or threat of release of hazardous
substances caused by Grantee's ownership or operation of its facilities within the City's right -of -way.
Section 27. Environmental. Grantee shall comply with all environmental protection laws,
rules, recommendations, and regulations of the United States and the State of Washington, and their
various subdivisions and agencies as they presently exist or may hereafter be enacted, promulgated, or
amended, and shall indemnify and hold the City harmless from any and all damages arising, or which
may arise, or be caused by, or result from the failure of Grantee fully to comply with any such laws, rules,
recommendations, or regulations, whether or not Grantee's acts or activities were intentional or
unintentional. Grantee shall further indemnify the City against all losses, costs, and expenses (including
legal expenses) which the City may incur as a result of the requirement of any government or
governmental subdivision or agency to clean and/or remove any pollution caused or permitted by
Grantee, whether said requirement is during the tcxm of the Franchise or subsequent to its terrn. ination.
Section 28. Relocation of Facilities. Grantee agrees and covenants, at its sole cost and
expense, to protect, support, temporarily disconnect, relocate or remove from any street any of its
facilities when so required by the City by reason of traffic conditions or public safety, dedications of new
rights -of -way and the establishment and itprovement thereof, freeway construction, change or
establishment of street grade, or the construction of any public improvement or structure, provided that
Grantee shall in all such cases have the privilege to temporarily bypass, in the authorized portion of the
same street upon approval by the City, any section of their facilities required to be temporarily
disconnected or removed.
If the City determines that the project necessitates the relocation of Grantee's then- existing
facilities, the City shall:
a) At least sixty (60) days prior to the commencement of such improvement project,
provide Grantee with written notice requiring such relocation; and
b) Provide Grantee with copies of pertinent portions of the plans and specifications
for such improvement project and a proposed location for Grantee's facilities so that
Grantee may relocate its facilities in other City rights-of-way in order to accommodate
such improvement project.
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DRAFT OncEIGHTY Franchise Ordinance
c) After receipt of such notice and such plans and specification, Grantee shall
complete relocation of its facilities at no charge or expense to the City so as to
accommodate the improvement project at least ten (10) days prior to commencement of
the project.
Grantee may, after receipt of written notice requesting a relocation of its facilities, submit to the
City written alternatives to such relocation. The City shall evaluate such alternatives and advise Grantee
in writing if one or more of the alternatives is suitable to accommodate the work which would otherwise
necessitate relocation of the facilities. if so requested by the City, Grantee shall submit additional
information to assist the City in making such evaluation. The City steal] give each alternative proposed by
Grantee full and fair consideration. In the event the City ultimately determines that there is no other
reasonable alternative, Grantee shall relocate its facilities as otherwise provided in this Section.
The provisions of this Section shall in no manner preclude or restrict. Grantee from making any
arrangements it may deem appropriate when responding to a request for relocation of its facilities by any
person or entity other than the City, where the facilities to be constructed by said person or entity are not
or will not become City owned, operated or maintained facilities, provided that such arrangements do not
unduly delay a City construction project.
Section 29. Abandonment of Grantee's Facilities. No facility constructed or owned by
Grantee may be abandoned without the express written consent of the City. Any plan for abandonment or
removal of Grantee's facilities must be first approved by the City, and all necessary permits must be
obtained prior to such work.
Section 30. Records. As a condition of this Franchise, and at its sole expense, Grantee
agrees to provide the City with available as -built plans, potential improvement plans, field locates, maps,
plats, specifications, profiles, and records of its facilities within City rights —of -way upon request. Such
documents shall be provided upon request by Grantor within five business days of Grantor's request.
These records shall be in a digital electronic format acceptable to the City, unless the City Engineer
deems it to be a hardship to the Grantee, in which case a hard copy in a format acceptable to the City
Engineer shall be provided.
To the extent such requests are limited to specific facilities at a given location within the
Franchise area in connection with the construction of any City project, Grantee shall provide to the City,
upon the City's reasonable request, copies of available drawings in use by Grantee showing the location
of such facilities. Grantee shall field locate its facilities in order to facilitate design and planning of City
improvement projects.
Upon written request of the City, Grantee shall provide the City with the most recent update
available of any plan of potential improvements to its facilities within the Franchise area; provided,
however, any such plan so submitted shall be for informational purposes only, and shall not obligate
Grantee to undertake any specific unprovements within the Franchise area.
The parties agree to periodically share Geographic Information System (GIS) files at the
Grantor's disposal. Any files provided to Grantee shall be restricted to information required for Grantee's
engineering needs for installation, repair or replacement of facilities that are the subject of this franchise.
Grantee is prohibited from selling any GIS information obtained from City to any third parties.
Public Disclosure Act: Grantee acknowledges that information submitted to the City may be
subject to inspection and copying under the Washington Public Disclosure Act codified in chapter 42.17
RCW. Grantee shall mark as "CONFIDENTIAL" each page. or portion thereof of any
Ordinance 03 -085 Page 9 of 15
DRAFT OneEIGHTY Franchise Ordinance
documentation/information which it submits to the City and which it believes is exempt from public
inspection or copying. The City agrees to provide the Grantee with a copy of any public disclosure
request to inspect or copy documentation/information which the Grantee has provided to the City and
marked as "CONFIDENTIAL" prior to allowing any inspection and /or copying as well as provide the
Grantee with a time frame, consistent with RCW 42.17.320, to provide the City with its written basis for
non - disclosure of the requested documentation/information. In the event the City disagrees with the
Grantee's basis for non - disclosure, the City agrees to withhold release of the requested
documentation/information in dispute until the Grantee can file a legal action under RCW 42.17.330.
Section 31. Limitation on Future Work. In the event that the City constructs a new street
or reconstructs an existing street, the Grantee shall not be permitted to excavate such street for a period of
five (5) years absent emergency circumstances, unless otherwise agreed by the City.
Section 32. ,Reservation of Rights by City. The City reserves the right to refuse any request
for a permit to extend franchise facilities. Any such refusal shall be supported by a written statement
from the City Manager or his designee that extending the franchise facilities, as proposed, would interfere
with a public use, either current or future.
Section 33. Remedies to Enforce Compliance. In addition to any other remedy provided
herein, the City reserves the right to pursue any remedy to compel or force Grantee and/or its successors
and assigns to comply with the teens hereof, and the pursuit of any right or remedy by the City shall not
prevent the City from thereafter declaring a forfeiture or revocation for breach of the conditions herein.
Section 34. City Ordinances and Regulations. Nothing herein shall be deemed to direct or
restrict the City's ability to adopt and enforce all necessary and appropriate ordinances regulating the
performance of the conditions of this Franchise, including any reasonable ordinances made in the exercise
of its police powers in the interest of public safety and for the welfare of the public. The City shall have
the authority at all times to control by appropriate regulations the location, elevation, and manner of
construction and maintenance of any facilities by Grantee, and Grantee shall promptly confonn with all
such regulations, unless compliance would cause Grantee to violate other requirements of law.
Section 35. Vacation. If, at any time, the City shall vacate any City road, right -of -way or
other City property which is subject to rights granted by this Franchise and said vacation shall be for the
purpose of acquiring the fee or other property interest in said road, right -of -way or other City property for
the use of the City, in either its proprietary or governmental capacity, then the City may, at its option and
by giving thirty (30) days written notice to the grantee, terminate this Franchise with reference to such
City road, right -of -way or other City property so vacated, and the City shall not be liable for any damages
or loss to the grantee by reason of such termination.
Section 36. Indemnification. Grantee hereby releases, covenants not to bring suit and agrees
to indemnify, defend and hold harmless the City, its officers, employees, agents and representatives from
any and all claims, costs, judgments, awards or liability to any person, including claims by Grantee's own
employees to which Grantee might otherwise be immune under Title 51 RCW, arising from injury or
death of any person or damage to property of which the negligent acts or omissions of Grantee, its agents,
servants, officers or employees in performing services under this Franchise are the proximate cause.
Grantee further releases, covenants not to bring suit and agrees to indemnify, defend and hold harmless
the City, its officers and employees from any and all claims, costs, judgrncnts, awards or liability to tmy
person, including claims by Grantee's own employees to which Grantee might otherwise have immunity
under Title 51 RCW, arising against the City solely by virtue of the City's ownership or control of the
rights -of -way or other public properties, by virtue of Grantee's exercise of the rights granted herein, or by
virtue of the City's permitting Grantee's use of the City's rights -of -way or other public property based
Ordinance 03 -055 Page 10 of 15
DRAFT OneEIGIITY Franchise Ordinance
upon the inspection or lack of inspection of work performed by Grantee, its agents and servants, officers
or employees in connection with work authorized on the City's property or property over which the City
has control, pursuant to this Franchise or pursuant to any other permit or approval issued in connection
with this Franchise. This covenant of indemnification shall include, but not be limited by this reference, to
claims against the City arising as a result of the negligent acts or omissions of Grantee, its agents,
servants, officers or employees in barricading, instituting trench safety systems or providing adequate
warnings of any excavation, construction, or work in any public right -of -way or other public place in
performance of work or services permitted under this Franchise.
Lispection or acceptance by the City of any work performed by Grantee at the time of completion
of construction shall not be grounds for avoidance of any of these covenants of indemnification. Said
indemnification obligations shall extend to claims which are not reduced to a suit and any claims which
may be compromised prior to the culmination of any litigation or the institution of any litigation.
In the event that Grantee refuses to accept the tender of defense in any suit or any claim, said
tender having been made pursuant to the indemnification clauses contained herein, and said refusal is
subsequently determined by a court having jurisdiction (or such other tribunal that the parties shall agree
to decide the matter), to have been a wrongful refusal on the part of Grantee, then Grantee shall pay all of
the City's costs for defense of the action, including all reasonable expert witness fees and reasonable
attorneys' fees and the reasonable costs of the City, including reasonable attorneys' fees of recovering
under this indemnification clause.
Should a court of competent jurisdiction (or such other tribunal that the parties shall agree to
decide the matter) determine that this Franchise, or work conducted under authority of this Franchise, is
subject to RCW 4.24.115, then, in the event of liability for damages arising out of bodily injury to persons
or damages to property caused by or resulting from the concurrent negligence of Grantee and the City, its
officers, employees and agents, Grantee's liability hereunder shall be only to the extent of Grantee's
negligence. It is further specifically and expressly understood that the indemnification provided herein
constitutes Grantee's waiver of immunity under Title 51 RCW, solely for the purpose of this
indemnification. This waiver has been mutually negotiated by the parties.
The provisions of this Section 36 shall survive the expiration or termination of this Franchise
agreement, for a period of three (3) years.
Section 37. Insurance. Grantee shall procure and maintain for the duration of the Franchise,
insurance against claims for injuries to persons or damages to property which may arise from or in
connection with the exercise of the rights, privileges and authority granted hereunder to Grantee, its
agents, representatives or employees. Grantee shall provide a copy of such insurance certificate to the
City for its inspection prior to the adoption of this Ordinance, and such insurance shall evidence:
1. Automobile Liability insurance with limits no less than $1,000,000 Combined Single
Limit per accident for bodily injury and property damage. Such liability insurance shall
only be required from Grantee for vehicles owned or controlled by Grantee. Any
contractor hired by Grantee to perform labor in the performance of this franchise shall be
required to obtain auto insurance as stated in this subsection; and
2. Commercial General Liability insurance written on an occurrence basis with limits no
less than $1,000,000 Combined Single Limit. per occurrence and 52,000,000 aggregate
for personal injury, bodily injury and property damage. Coverage shall include but not be
limited to: blanket contractual; products/completed operations; broad form property;
explosion, collapse and underground (XCU); and Employer's Liability.
Ordinance 03 -0E5 Page 11 of 15
DRAFT OneETGHTY Franchise Ordinance
Any deductibles or self-insured retentions must be declared to and approved by the City. Payment
of deductible or self- insured retention shall be the sole responsibility of Grantee. Recognizing the term of
this Franchise, the City Manager may unilaterally adjust the insurance liability limits to reflect the degree
of risk and market conditions.
The insurance obtained by Grantee shall name the City, its officers, employees and volunteers as
insureds with regard to activities performed by or on behalf of Grantee. The coverage shall contain no
special limitations on the scope of protection afforded to the City, its officers, officials, employees or
volunteers. In addition, the insurance certificate shall contain a clause stating that coverage shall apply
separately to each insured against whom a claim is made or suit is brought, except with respect to the
limits of the insurer's liability. Grantee's insurance shall be the primary insurance as respects the City, its
officers, officials, employees and volunteers. Any insurance maintained by the City, its officers, officials,
employees or volunteers shall be in excess of Grantee's insurance and shall not contribute to it. The
insurance certificate required by this clause shall be endorsed to state that coverage shall not be
suspended, voided, canceled by either party, or reduced in coverage or in limits except after thirty (30)
days' prior written notice by certified mail, return receipt requested, has been given to the City.
Any failure to comply with the reporting provisions of the policies required herein shall not affect
coverage provided to the City, its officers, officials, employees or volunteers.
Section 38. Bond. Before undertaking any of the work, installation, improvements,
construction, repair, relocation or maintenance authorized by this Franchise, Grantee, or any parties
Grantee contracts with to perform labor in the performance of this franchise, shall, upon the request of the
City, furnish a bond executed by Grantee or Grantee's contractors and a corporate surety authorized to
operate a surety business in the State of Washington, in such sum as may be set and approved by the City
as sufficient to ensure performance of Grantee's obligations under this Franchise. The bond shall be
conditioned so that Grantee shall observe all the covenants, terms and conditions and shall faithfully
perform all of the obligations of this Franchise, and to repair or replace any defective work or materials
discovered in the City's road, streets, or property.
Section 39. Modification. The City and Grantee hereby reserve the right to alter, amend or
modify the terms and conditions of this Franchise upon written agreement of both parties to such
alteration, amendment or modification.
Section 40. Compliance With New Regulations. The City reserves for itself the right to
change, amend, modify, or amplify this Franchise to conform to any state statute, or Spokane County
and/or City regulation, Utility Accommodation Plan, or right of way regulation, State and National
Codes, Standards, and Regulations as may hereafter be enacted, adopted or promulgated. If the Grantee
fails to comply with its terms and conditions, or if the Grantee fails to comply with such changes,
amendments, modifications, and/or amplifications, this Franchise may be terminated at any time upon
ninety (90) days' written notice to the Grantee to terminate this Franchise and upon termination the City
shall have a lien upon all equipment and materials erected or placed under this Franchise, which lien may
be enforced to reimburse the City for any reasonable expenses and payments incurred in terminating this
Franchise and to cure defaults by the Grantee.
Section 41. Forfeiture and Revocation. If Grantee wilfully violates or fails to comply
with any of the provisions of this Franchise, or through willful or unreasonable negligence fails to heed or
comply with any notice given Grantee by the City under the provisions of this Franchise, then Grantee
shall, at the election of the City, forfeit all rights conferred hereunder and this Franchise may be revoked
or annulled by the City after a hearing held upon reasonable notice to Grantee. The City may elect, in lieu
Ordinance 03 -055 Page 12 of 15
DRAFT OncE1GHTY Franchise Ordinance
of the above and without any prejudice to any of its other legal rights and remedies, to obtain an order
from the Spokane County Superior Court compelling Grantee to comply with the provisions of this
Franchise and to recover damages and costs incurred by the City by reason of Grantee's failure to comply.
Section 42. AMsiQnlnent.. This Franchise may not be assigned or transferred without the
written approval of the City. For purposes hereof, the grant of any security agreement or security interest
in the facilities of the Grantee to secure any financing or refinancing, shall constitute an assignment of
this Franchise for which written approval would be required. In the case of the transfer or assignment as
collateral for a mortgage or other security instrument in whole or in part to secure indebtedness, such
consent shall not be required unless and until the secured party elects to realize upon the collateral.
Grantee shall provide prompt, written notice to the City of any such assignment.
Section 43. Acceptance. Not later than thirty (30) days after passage and publication of
this Ordinance, the Grantee must accept the Franchise herein by filing with the City Clerk an
unconditional written acceptance thereof. Failure of Grantee to so accept this Franchise within said
period of time shall be deemed a rejection thereof by Grantee, and the rights and privileges herein granted
shall, after the expiration of the five day period, absolutely cease, unless the time period is extended by
ordinance duly passed for that purpose.
Section 44. Survival. All of the provisions, conditions and requirements of Sections: 4, 5, 13,
25, 26, 36 and 48 of this Franchise shall be in addition to any and all other obligations and liabilities
Grantee may have to the City at common law, by statute, by ordinance, or by contract, and shall survive
termination of this Franchise, and any renewals or extensions hereof. All of the provisions, conditions,
regulations and requirements contained in this Franchise shall further be binding upon the heirs,
successors, executors, administrators, legal representatives and assigns of Grantee and all privileges, as
well as all obligations and liabilities of Grantee shall inure to its heirs, successors and assigns equally as if
they were specifically mentioned wherever Grantee is named herein.
Section 45. Severability. If any section, sentence, clause or phrase of this Ordinance should
be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or
unconstitutionality shall not affect the validity or constitutionality of any other section, sentence, clause or
phrase of this Ordinance. In the event that any of the provisions of the Franchise are held to be invalid by
a court of competent jurisdiction, the City reserves the right to reconsider the grant of the Franchise and
may amend, repeal, add, replace or modify any other provision of the Franchise, or may terminate the
Franchise.
Section 46. Renewal. Application for extension or renewal of the term of this Franchise
shall be made no later than one year before expiration thereof. In the event the time period granted by
this Franchise expires without being renewed by the City, the teens and conditions hereof shall continue
in effect until this Franchise is either renewed or terminated by the City.
Section 47. Notice. Any notice or information required or permitted to be given by or to
the parties under this Franchise may be sent to the following addresses unless otherwise specified, in
writing:
The City:
City of Spokane Valley
Attn: City Clerk
11707 F. Sprague
Spokane Valley, WA 99206
Ordinance 43 -085 Page 13 of 15
DRAFT OneETGHTY Franchise Ordinance
Section 48. Choice of Law. Any litigation between the City and Grantee arising under or
regarding this Franchise shall occur, if in the state courts, in the Spokane County Superior Court, and if in
the federal courts, in the United States District Court for the Eastern District of Washington.
Section 49. Non - Waiver. The City shall be vested with the power and authority to
reasonably regulate the exercise of the privileges permitted by this Franchise in the public interest.
Grantee shall not be relieved of its obligations to comply with any of the provisions of this Franchise by
reason of any failure of the City to enforce prompt compliance, nor does the City waive or limit any of its
rights under this Franchise by reason of such failure or neglect.
Section 50. Entire Agreement. This Franchise constitutes the entire understanding and
agreement between the parties as to the subject matter herein and no other agreements or understandings,
written or otherwise, shall be binding upon the parties upon execution and acceptance hereof. This
Franchise shall also supersede and cancel any previous right or claim of Grantee to occupy the County
roads as herein described.
Section 51. Effective Date. This Ordinance shall be in full force and effect on the official
date of incorporation provided publication of this Ordinance or a summary thereof occurs in the official
newspaper of the City of Spokane Valley as provided by law.
ATTEST:
PASSED by the City Council this day of November, 2003.
City Clerk, Christine Bainbridge
Approved as to Form:
With a Copy to: City of Spokane Valley
Public Works Director
11707 E. Sprague
Spokane Valley, WA 99206
Grantee:
Deputy City Attorney, Cary P. Driskell
Date of Publication:
Effective Date:
OneEighty Networks, Inc.
118 North Stevens
Spokane, WA 99201
Phone: (509) 688 -8180
Fax: (509) 688 -8110
Mayor, Michael DeVleming
Ordinance 03 -085 Page 14 of 15
DRAFT OneEIGTITY Franchise Ordinance
Accepted by OneEIGHTY Networks, Inc.
13y: , General Manager
The Grantee, OncEIGHTY Networks, Inc., a corporation, for itself, and for its successors and
assis, does accept all of the terms and conditions of the foregoing franchise.
IN WITNESS WHEREOF, has signed this day of _
, 2003. Subscribed and sworn before me this _ day of , 2003.
Notary Public in and for the State of Washington,
residing in
ivly commission expires
Ordinance 03 -055 Nags 15 of 15
CITY OF SPOKANE VALLEY
Request for Council Action
Meeting Date: 10 -28 -2003 City Manager Sign -off:
Item: Check all that apply: ❑ consent ❑ old business x new business
❑ information ❑ admin. report ❑ pending legislation
AGENDA ITEM TITLE : Proposed Property Tax Ordinance for 2004
GOVERNING LEGISLATION: State Law
PREVIOUS COUNCIL ACTION TAKEN: Discussion at study sessions regarding the
anticipated amount of property tax for inclusion in the 2004 budget
BACKGROUND: State law requires the City to pass an ordinance in order to levy property
taxes. 2004 will be the first year the City levies property taxes. The Council has
discussed 2004 revenues including property taxes at study sessions during the last few
months. The City is limited to $2.10 per thousand dollars of assessed value excluding
fire operations. The $2.10 per thousand dollars of assessed value will be $.21 less per
thousand dollars of assessed value than Spokane Valley property owners paid in 2003.
Additional assessed value will likely be added to the rolls when the amount of centrally
assessed properties (utilities and railroads) is known. Staff will adjust the property tax
and budget adoption ordinances when these numbers are known.
OPTIONS: This ordinance is required by law. The council could modify the ordinance to
levy an amount less than that proposed, and reduce the budget an equal amount.
RECOMMENDED ACTION OR MOTION: A motion to pass the first reading of the
ordinance levying property taxes for the 2004 budget for the City of Spokane Valley is
suggested.
BUDGET /FINANCIAL IMPACTS: This ordinance levies property tax for the City's 2004 budget
year. We expect the property tax to be in excess of $10 million once the centrally assessed
properties are added to the tax rolls. Property taxes make up in excess of 40% of General Fund
revenues.
STAFF CONTACT: Finance & Admin. Services Director, Ken Thompson
CITY OF SPOKANE VALLEY
SPOKANT COUNTY, WASHINGTON
ORDINANCE NO. 03-086
AID" ORD.fi `. &NEE OF THE CITY OF SPOKANE VALLEY, WASHINGTON, LEVYING THE
REGULAR PROPERTY Y TAXES FOR THE CITY OF SPO.KANE, VALLEY, WASHINGTON IN
SPOKANE C'O1JNTY FOR THE YEAR COMMENCING JANUARY 1., 2004 TO PROVIDE
REVENUE FOR CITY .SERVICES AS SET FORTH IN THE CITY BUDGET.
WHEREAS, State law authorizes the City of Spokane Valley to Icvy regular property taxes upon
the taxable properly within the corporate limits in order to provide revenue for the 2004 current expense
budget of the City:
WHEREAS, the City of Spokane Valley is authorized to levy $3.60 per thousand of assessed
valuation deducting therefrom levies collected by Fire Districts in the total amount of $1_50 per thousand
dol [ars of assessed valuation,
WHEREAS, RCW 84.52.020 requires the City Council on or before the 15 clay of November to
certify budget estimates to the clerk of the Spokane County Board of Cnm]nissioncrs including amounts
to be raised by taxing property within the limits of the City; and
WHEREAS, the City Council pursuant to public notice; field public hearings on October [4, and
November 12, on the proposed budget estimates for 2004; including revenue _sources and appropriations
for the provision of City services, projects and activities.
fo 1 1 co,vs :
NOW, T]- EER1T.FORE, the City Council of the City of Spokane Valley, Washington, do ordain its
Section 1.. 2004 Levy .Rate. There shall be and is hereby levied and imposed upon real
property, personal property and utility property, as defined in RCW Chapter 84,02 and 84.55,005 in the
City of Spokane Valley, Washington a regular property tax for the year commencing January I, 2004 in
the totxtl Elmc]Lint of $10,71.0,000. It is recognized that fire districts currently levy upon property within the
City at the rate of $1.50 per one thousand of assessed valuation. Therefore the total levy rate shall not
exceed $2.110 per one thousand dollars of assessed valuation_
The regular property tax levied through this ordinance is for the purpose of receiving
revenue to make payment upon the general indebtedness of the City of Spokane Valley, the general fund
obligations and for the payment of services, projects and activities for the City during the 2004 calendar
year. The purpose of this ordinance: is to establish the levy amount as permitted by Law.
Section 2, 'Notice of Spokane County Pursuant to RCW 84.52.020, the City Clerk shall
certify to the County Legislative Authority a true and correct copy of this ordinance, as well as, the
budget estimates adopted by the City Council in order to provide for and direct the taxes levied herein that
shall be collected and paid to the City of Spokane Valley at the time and in the manner provided by the
laws of the State of Washiiigton.
Section 3. .Scvera.bility, 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 constitutionally of any other section, sentence, clause or
phrase of this ordinance.
Ordinance 03 -086 Property `fax 2004 Ptigr l aft
Section 4. Effective Date. This Ordinance shall be in full force and effect five (5) days after
publication of this Ordinance or a summary thereof in the official newspaper of the City as provided by
law.
ATTEST:
PASSED by the City Council this day of , 2003.
City Clerk, Christine Bainbridge
Approved As To Form:
City Attorney, Stanley M. Schwartz
Date of Publication:
Effective .Date:
Mayor, Michael DeVl ern i ng
Ordinance 03 -086 Property Tax 2004 Page 2 of 2
ATTACHMENTS: Proposed CTR ordinance
CITY OF SPOKANE VALLEY
Request for Council Action
Meeting Date: 10 -28 -03 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 Ordinance Adopting Commute Trip Reduction Program
GOVERNING LEGISLATION: RCW 70.94
PREVIOUS COUNCIL ACTION TAKEN: Study session 10 -14 -03
BACKGROUND: RCW 70.94.524 -551 requires each jurisdiction within counties over 150,000 to
adopt an ordinance and plan to reduce commute trips for large employers.
This proposed ordinance is largely taken from the model ordinance drafted by the State CTR
Task Force. There are several changes, including very minor ones that are not even noted, and
several more substantive changes, which are underlined or struck through.
OPTIONS: SV must adopt a CTR ordinance.
RECOMMENDED ACTION OR MOTION: Move the CTR Ordinance a second reading.
BUDGET /FINANCIAL IMPACTS: Revenue neutral.
STAFF CONTACT: Cary P. Driskell
Proposed administrative draft CTR ordinance — C. Driskell
Draft 1 — October 16.2003
CITY OF SPOKANE VALLEY
SPOKANE COUNTY, WASHINGTON
ORDINANCE NO. 03 -087
AN ORDINANCE OF THE CiTY OF SPOKANE VALLEY, SPOKANE COUNTY,
WASHINGTON, ESTABLiSH.ING COMMUTE TRIP REDUCTION REGULATIONS.
WHEREAS, the City has the duty and authority to maintain and protect the health, safety
and welfare of its citizens;
WHEREAS. RCW 70.94 - 524 -.551 establishes the requirements that certain counties and
cities must comply with to reduce commute trips in an effort to reduce air pollution; and
WHEREAS, Spokane Valley is a jurisdiction required under RCW 70.94.527(1) to adopt a
commute trip reduction ordinance, and a program designed to reduce commute trips.
NOW, THEREFORE, the City Council of the City of Spokane Valley, Washington, ordains
as follows:
Section 1. Purpose and Intent. The purpose and intent of this Ordinance is to comply
with the requirements of RCW 70.94 regarding reduction of commute trips.
Section 2. Definitions.
For the purpose of this ordinance, the following definitions shall apply in the interpretation and
enforcement of this ordinance:
A. " Affected Employee" means a full -time employee who begins his or her regular work day
at a single worksite between 6:00 a.m. and 9:00 a.m. (inclusive) on two or more weekdays for at
least twelve continuous months. Seasonal agricultural employees, including seasonal employees
of processors of agricultural products, are excluded from the count of affected employees.
13. "Affected Employer" means an employer that employs one hundred (100) or more full -
time employees at a single worksite who are scheduled to begin:their regular work day between
6:00 a.rn. and 9:00 a.m. (inclusive) on weekdays for at least twelve continuous months.
Construction worksites, when the expected duration of the construction is less than two years, are
excluded from this definition. (Also see defuiition of employer.)
cicpd ++ark files /commute trip [eduction/proposed ordinance 10 -16 -03 draft one
Page 1
Proposed administrative draft CTR ordinance — C. Oriskell
Draft 1 — October 16, 2003
C. "Alternative Mode" means any means of commute transportation other than that in which
the single - occupant motor vehicle is the dominant mode, including telecommuting and
compressed work weeks if they result in reducing commute trips.
D. "Alternative Work Schedules" mean programs such as compressed work weeks that
eliminate work trips for affected employees.
E. "Base Year" means the period on which goals for vehicle miles traveled (VMT) per
employee and proportion of single- occupant vehicle (SOV) trips shall be based.
F. "C'crrpnol" means a motor vehicle occupied by two (2) to six (6) people traveling together
For their commute trip that results in the reduction of a minimum of one motor vehicle commute
trip.
0. "Commute Trips" mean trips made from a worker's home to a worksite with a regularly
scheduled arrival time of 6:00 a.n1. to 9:00 a.m. (inclusive) on weekdays.
H. "CTR Plan" means Spokane Valley's plan and ordinance to regulate and administer the
CTR programs of affected employers within its jurisdiction.
1. "CTR Program" means an employer's strategies to reduce affected employees' SOV use
and VMT per employee.
J. "CTR Zone" means an area, such as a census tract or combination of census tracts, within
a city characterized by similar employment density, population density, level of transit service,
parking availability, access to high occupancy vehicle facilities, and other factors that are
determined to affect the level of SOV commuting.
K. "Cornmwer Matching Service" means a system that assists in matching commuters for the
purpose of commuting together.
L. "Compressed Work Week" means an alternative work schedule, in accordance with
employer policy, that regularly allows a full -time employee to eliminate at least one work day
every two weeks by working longer hours during the remaining days, resulting in fewer commute
trips by the employee. This definition is primarily intended to include weekly and bi- weekly
arrangements, the most typical being four 10 -hour days or 80 hours in nine days, but may also
include other arrangements.
M. "Custom Bus /Buspool" means a conunuter bus service arranged specifically to transport
employees to work.
N. "Dominant Mode" means the mode of travel used for the greatest distance of a commute
trip.
cicpd work rilesrconunute trip reduction/proposed ordinance 10 -16.03 draft one
Page 2
Proposed administrative draft CTR ordinance — C. Driskell
Draft 1 • October 16, 2003
O. "Employer" means a sole proprietorship, partnership, corporation, unincorporated
association, cooperative, joint venture, agency, department, district, or other individual or entity,
whether public. non- profit, or private, that ernploys workers.
P. "Exemption" means a waiver from any or all CTR program requirements granted to an
employer by a city based on unique conditions that apply to the employer or employment site.
Q. "Flex - Tinge" is an employer policy allowing individual employees some flexibility in
choosing the tine, but not the number, of their working hours to facilitate the use of alternative
modes.
R. "Full-Time Employee" means a person, other than an independent contractor, scheduled
to be employed on a continuous basis for 52 weeks for an average of at least 35 hours per week.
S. "Good Faith Effort" means that an employer has met the minimum requirements
identified in RCW 70.94.531 and this ordinance, and is working collaboratively with Spokane
Valley to continue its existing CTR program or is developing and implementing program
modifications likely to result in improvements to its C 1 "R program over an agreed -upon length of
lime.
T. "Implementation" means active pursuit by an employer of the CTR goals of R.CW
70.94.521 -551 and this ordinance as evidenced by appointment of a transportation coordinator,
distribution of information to employees regarding alternatives to SON/ commuting, and
commencement of other measures according to its approved CTR program and schedule.
U. "Mode" means the means of transportation used by employees, such as single- occupant
motor vehicle, rideshare vehicle (carpool, vanpool), transit, ferry, bicycle, walking, compressed
work schedule and telecommuting.
V. "Notice`' means written communication delivered via the United States Postal Service
with receipt deemed accepted three days following the day on which the notice was deposited
with the Postal Service unless the third day falls on a weekend or legal holiday in which case the
notice is deemed accepted the day after the weekend or legal holiday.
W. "Peak Period" means the hours from 6:00 a.m. to 9:00 a.m. (inclusive), Monday through
Friday, except legal holidays.
X. ".Peak Period Trip" means any employee trip that delivers the employee to begin his or
her regular workday between 6:00 a.m. and 9:00 a.m. (inclusive), Monday through Friday, except
legal holidays.
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Y. "Proportion of Single- Occupant Vehicle Trips" or "SOV Rate" means the number of
comtnute trips over a set period made by affected employees in SOVs divided by the number of
potential trips taken by affected employees working during that period.
Z. "Single- Occupant Vehicle (SOV)" means a motor vehicle occupied by one (1) employee
for commute purposes, including a motorcycle.
AA. "Single- Occupant Vehicle (SOV) Trips" means commute trips made by affected
employees in SOVs.
B13. "Single W'orksite" means a building or group of buildings on physically contiguous
parcels of land or on parcels separated solely by private or public roadways or rights -of -way
occupied by one or more affected employers.
CC. "Telecommuting" means the use of telephones, computers, or other similar technology to
permit an employee to work from home, eliminating a commute trip, or to work from a work
place closer to home, reducing the distance traveled in a conunute trip by at least half.
DD. "Transit" means a multiple- occupant vehicle operated on a for -hire, shared -ride basis,
including bus. ferry, rail, shared -ride taxi, shuttle bus, or vanpool. A transit trip counts as zero
(0) vehicle trips.
EE. "Transportation Demand Management (TDM)" means a broad range of strategies that
are primarily intended to reduce and reshape demand on the transportation system.
FF. "Transportation Management Organization (TIv!O)" means a group of employers or an
association representing a group of employers in a defined geographic area. A IMO may
represent employers within specific city limits or may have a sphere of influence that extends
beyond city limits.
GG. "Vanpool" means a vehicle occupied by from seven (7) to fifteen (15) people traveling
together for their commute trip that results in the reduction of a minimum of one motor vehicle
trip. A vanpool trip counts as zero (0) vehicle trips.
H1 -1. "Vehicle Miles Traveled (Vi'IT) Per Employee" means the sum of the individual vehicle
commute trip lengths in miles made by affected employees over a set period divided by the
number of affected employees during that period.
II. "Week" means a seven -day calendar period starting on Monday and continuing through
Sunday.
JJ. "Weekday" means any day of the week except Saturday or Sunday.
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K.K. "Writing, "Written," or In Writing" means original signed and dated documents.
Facsimile (fax) transmissions are a temporary notice of action that must be followed by the
original signed and dated document via mail or delivery.
Section 3. City CTR Plan.
The city's CTR Plan set forth in Attachment A is wholly incorporated herein by reference.
Section 4. Responsible City Department:
The City Manager shall designate the City department responsible for implementing this
ordinance, the CTR plan. and the Spokane Valley CTR program. In the alternative, the City may
enter into an interlocal agreement with Spokane County whereby Spokane County would
implement a city CTR plan and CTR program.
Section 5. Applicability.
The provisions of this ordinance shall apply to any affected employer at any single worksite
within the corporate limits of the City of Spokane Valley, Washington.
A. Notification of Applicability
1. In addition to Spokane Valley's established public notification for adoption of an
ordinance. a notice of availability of a summary of this ordinance, a notice of the requirements
and criteria for affected employers to comply with the ordinance, and subsequent revisions shall
be published at least once in Spokane Valley's official newspaper not more than 30 days after
passage of this ordinance or revisions.
2. Affected employers located in Spokane Valley are to receive written notification
that they are subject to this ordinance. Such notice shall be addressed to the company's chief
executive officer, senior official, or CTR manager at the worksite. Such notification shall be at
least 180 days prior to the due date for submittal of their CTR program.
3. Affected employers that, for whatever reason, do not receive notice within 30 days
of passage of the ordinance and are either notified or identify themselves to the City within 180
days of the passage of the ordinance will be granted an extension to assure up to 180 days within
which to develop and submit a CTR program.
4. Once an affected employer has been notified by the agency implementine the CTR
plan and CTR program, the affected employer shall have 180 days to submit a compliant CTR
.►rp grain to the implementing agency. Failure to do so will be considered a violation of this
ordinance.
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8. New Affected Employers
L;mplovers that meet the definition of "affected employer" in this ordinance must identify
themselves to Spokane Valley within 180 days of either moving into the boundaries of the city or
growing in employment at a worksite to one hundred (100) or more affected employees. Such
employers shall be given up to 180 days to develop and submit a CTR program. New affected
employers that do not identify themselves within 180 days are in violation of this ordinance.
New affected employers shall have two years to meet the first CTR goal of a 15 percent reduction
in proportion of single occupant vehicle trips or vehicles miles traveled per person; four years to
meet the second goal of a 20 percent reduction; six years to meet the third goal of a 25 percent
reduction; and twelve years to meet the fourth goal of a 35 percent reduction, from the time they
begin their program.
C. Change in Status as an Affected Employer.
Any of the following changes in an employer's status will change the employer's CTR program
requirements:
1. If an employer initially designated as an affected employer no longer employs one
hundred (100) or more affected employees and expects not to employ one hundred (100) or more
affected employees for the next twelve (12) months, that employer is no longer an affected
employer. It is the responsibility of the employer to notify Spokane Valley that it is no longer an
affected employer.
2. If the same employer returns to the level of one hundred (100) or more affected
employees within the same twelve (12) months, that employer will be considered an affected
employer for the entire 12 months and will be subject to the same program requirements as other
affected employers.
3. If the same employer returns to the level of one hundred (100) or more affected
employees twelve (12) or more months after its change in status to an "unaffected" employer, that
employer shall be treated as a new affected employer and will be subject to the same program
requirements as other new affected employers.
Section 6. Requirements for Employers.
An affected employer is required to make a good faith effort, as defined in ROW 70.94.534(2)
and this ordinance, to develop and implement a CTR program that will encourage its employees
to reduce VMT per employee and SON/ commute trips. The employer shall submit a description
or its program to Spokane Valley and provide an annual progress report to Spokane Valley on
employee commuting and progress toward meeting the SOV goals. The CTR program must
include the mandatory elements as described below.
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A. CTR Program Description Requirements
The CTR program description presents the strategics to be undertaken by an employer to achieve
the commute trip reduction goals for each goal year. Employers are encouraged to consider
innovative strategies and combine program elements in a manner that will best suit their location,
site characteristics, business type, and employees' commuting needs. Employers are further
encouraged to cooperate with each other and to form or use transportation management
organizations in developing and implementing CTR programs.
At a minimum, the employer's description must include: 1) a general description of the
employment site location, transportation characteristics, and surrounding services, including
unique conditions experienced by the employer or its employees; 2) number of employees
affected by the CTR program; 3) documentation of compliance with the mandatory CTR. program
elements (as described in subsection B of this section); 4) description of the additional elements
included in the CTR program (as described) in subsection B of this section); and 5) schedule of
implementation, assignment of responsibilities, and commitment to provide appropriate
resources.
13. Mandatory Program Elements
Each employer's CTR program shall include the following mandatory elements:
I. Transportation Coordinator - The employer shall designate a transportation
coordinator to administer the CTR program. The coordinators and/or designee's name, location,
and telephone number must be displayed prominently at each affected worksite- The coordinator
shall oversee all elements of the employer's CTR program and act as liaison between the
employer and Spokane Valley. The objective to have an effective transportation coordinator
presence at each worksite; an affected employer with multiple sites may have one transportation
coordinator for all sites.
2. Information Distribution - information about alternatives to SOV commuting shall
be provided to employees at least once a year. Each employer's program description and annual
report must report the information to be distributed and the method of distribution.
3 Annual Progress Report - The CTR program must include an annual review of
employee commuting and progress, as well as good faith efforts toward meeting the. SOV
reduction goals. Affected employers shall file an annual progress report with Spokane Valley in
accordance with the format established by this ordinance and consistent with the CTR Task
Force Guidelines. The report shall describe each of the CTR measures that were in effect for the
previous year, the results of any commuter surveys undertaken during the year, and the number of
employees participating in CTR programs. Within the report, the employer should evaluate the
effectiveness of the CTR program and, if necessary, propose modifications to achieve the CTR
goals. Survey information or approved alternative information must be provided in the reports
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submitted in the second, fourth, sixth. eighth, tenth, and twelfth years after implementation
begins. The employer should contact the Spokane Valley for the format of the report.
4. Additional Program Elements - In addition to the specific program elements
described above, the employer's CTR program shall include additional elements as needed to
meet CTR goals. Elements may include, but are not limited to, one or more of the following:
Provision of preferential parking or reduced parking charges, or both, for
high - occupancy vehicles;
Instituting or increasing parking charges for SOVs;
c. Provision of commuter ride matching services to facilitate employee ride -
sharing for commute trips;
d. Provision of subsidies for transit fares;
e. Provision of vans for vanpools;
f. Provision of subsidies for carpools or vanpools;
g. Permitting the use of the employer's vehicles for carpooling or vanpooling;
h. Permitting flexible work schedules to facilitate employees' use of transit,
carpools, or vanpools;
i. Cooperation with transportation providers to provide additional regular or
express service to the worksite;
j. Construction of special loading and unloading facilities for transit,
carpool, and vanpool users;
k. Provision of bicycle parking facilities, lockers, changing areas, and
showers for employees who bicycle or walk to work;
1. Provision of a program of parking incentives such as a rebate for
employees who do not use the parking facilities; •
m. Establishment of a program to permit employees to work part- or full -time
at home or at an alternative worksite closer to their homes;
n. Establishment of a program of alternative work schedules, such as a
compressed work week which reduces commuting; and
o. Implementation of other measures designed to facilitate the use of high -
occupancy vehicles, such as on -site day care facilities and emergency taxi
services.
a.
Section 7. Record Keeping.
Affected employers shall include a list of the records they will keep as part of the CTR program
they submit to Spokane Valley for approval. Employers will maintain all records listed in their
CTR program for a minimum of 24 months. Spokane Valley and the employer shall agree on the
record keeping requirements as part of the accepted CTR program.
Section 8. Schedule and Process for CTR Reports.
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• A. CTR Program.
Not more than 180 days after the adoption of this ordinance, or within six months after an
employer qualifies under the provisions of this ordinance, the employer shall develop a CTR
program and shall subrnit to Spokane Valley a description of that program for review.
13. Doeumcnt Review.
Spokane Valley shall provide the employer with written notification if a CTR program is deemed
unacceptable. The notification must give cause for any rejection. if the employer receives no
written notification of extension of the review period of its CTR program or comment on the
CTR program or annual report within 90 days of submission, the employer's program or annual
report is deemed accepted. Spokane Valley may extend the review period up to 90 days. The
implementation date for the employer's CTR program will be extended an equivalent number of
days.
C. CTR Annual Progress Reports.
Upon review of an employer's initial CTR program, Spokane Valley shall establish the
employer's annual reporting date, which shall not be less than 12 months from the day the
program is submitted. Each year on the employer's reporting date, the employer shall submit to
Spokane Malley its annual CTR report.
D. Modification of CTR Program Elements.
Any affected employer may submit a request to Spokane Valley for modification of CTR
program elements, other than the mandatory elements specified in this ordinance, including
record keeping requirements. Such request may be granted if one of the following conditions
exist:
1. The employer can demonstrate it would be unable to comply with the CTR.
program elements for reasons beyond the control of the employer, or
2. The employer can demonstrate that compliance with the program elements would
constitute an undue hardship. This may include evidence from employee surveys administered at
the worksite: first, in the base year, showing that the employer's own base year values of VMT
per employee and SOV rates were higher than the CTR zone average; and /or secondly, in the
foal measurement year(s), showing that the employer has achieved reductions from its own base
values that are comparable to the'reduction goals established for the employer's CTR zone.
E. Extensions.
An employer may request additional time to subrnit a CTR program or CTR annual progress
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report, or to implement or modify a program. Such requests shall be via written notice at least 30
clays before the due date for which the extension is being requested. Extensions not to exceed 90
days shall be considered for reasonable. causes. Spokane Valley shall grant or deny the
employer's extension request by written notice within 10 working days of its receipt of the
extension request. if there is no response issued to the employer, an extension is automatically
granted for 30 days. Extensions shall not exempt an employer from any responsibility in meeting
program goals. Extensions granted due to delays or difficulties with any program element(s)
shall not be cause for discontinuing or failing to implement other program elements. An
employers annual reporting date shall not be adjusted permanently as a result of these
extensions. An employer's annual reporting date may be extended at the discretion of the director
of the implementing agency, or his or her designee.
F. Implementation of Employer's CTR Program.
Unless extensions are granted, the employer shall implement its approved CTR program not
more than 180 days after the program was first submitted to Spokane Valley. Implementation of
the approved program modifications shall begin within 30 days of the final decision or 180 days
from submission of the CTR program or CTR annual report, whichever is greater.
Section 9. Credit For Transportation Demand Manazement Efforts.
A. Leadership Certificate
As public recognition for their efforts, employers with VMT per employee and proportion of
SOV trips lower than the zone average will receive a Commute Trip Reduction Certificate of
Leadership from Spokane Valley.
B. Credit For Programs Implemented Prior to the Base Year
Employers with successful TDM programs implemented prior to the base year may be eligible to
apply for program exemption credit, which exempts them from most program requirements.
Affected employers wishing to receive credit for the results of existing TDM efforts may do so
by applying to Spokane Valley within 90 days of the adoption of this ordinance. Application
shall include data from a survey of employees or equivalent to establish the applicant's VMT per
employee and proportion of SOV trips. The survey or equivalent data shall conform to all
applicable standards established in the CTR Task Force Guidelines. The employer shall be
considered to have met the first measurement goals if their VMT per employee and proportion of
SOV trips are equivalent to a 12 percent or greater reduction from the final base year CTR zone
values. This three percentage point credit applies only to the first measurement goals.
C. Program Exemption Credit
Affected employers may apply for program exemption credit for the results of past or current
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TD MI efforts by applying to Spokane Valley within 90 days of adoption of the applicable CTR
ordinance, or as part of any annual report. Application shall include results from a survey of
employees. or equivalent information that establishes the applicant's VMT per employee and
proportion of SOV trips. The survey or equivalent information shall conform to all applicable
standards established in the CTR Task Force Guidelines.
Employers that apply for credit and whose VMT per employee and proportion of SOV trips are
equal to or less than goals for one or more future goal years, and commit in writing to continue
their current level of effort, shall be exempt from the requirements of the ordinance except for the
requirements to report performance in the measurement years (Section 5(B) of this ordinance). If
anv of these reports indicate the employer does not satisfy the next applicable goal(s), the
employer shall immediately become subject to all requirements of the CTR ordinance.
Section 10. Enforcement.
A. Compliance
For purposes of this section, compliance shall mean fully implementing in good faith all
provisions in D approved CTR program.
B. Program Modification Criteria
The following criteria for achieving goals for VMT per employee and proportion of SOV trips
shall be applied in determining requirements for employer CTR. program modifications:
1. If an employer meets either or both goals, the employer has satisfied the
objectives of the CTR plan and will not be required to modify its CTR program;
2. If an employer makes a good faith effort, as defined in RCW 70.94.534(2) and
this ordinance, but has not met or is not likely to meet the applicable SOV or VMT goal, the city
shall work collaboratively with the employer to make modifications to its CTR program. After
agreeing on modifications. the employer shall submit a revised CTR program description to the
city for approval within 30 days of reaching agreement.
3. If an employer fails to make a good faith effort as defined in RCW 70.94.534(2)
and this ordinance, and fails to meet the applicable SOV or VMT reduction goal, Spokane Valley
shall work collaboratively with the employer to identify modifications to the CTR program and
shall direct the employer to revise its program within 30 days to incorporate the modifications. In
response to the recommended modifications, the employer shall submit a revised CTR program
description, including the requested modifications or equivalent measures, within 30 days of
receiving written notice to revise its program. Spokane Valley shall review the revisions and
notify the employer of acceptance or rejection of the revised program. Ha revised program is not
accepted, Spokane Valley will send written notice to that effect to the employer within 30 days
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and, if necessary, require the employer to attend a conference with program review staff for the
purpose of reaching a consensus on the required program. A final decision on the required
program will be issued in writing by Spokane Valley within 10 working days of the conference.
C. Violations.
The following constitute violations if the deadlines established in this ordinance are not met:
1. Failure to develop and/or submit on time a complete CTR program, including:
2. Failure to implement an approved CTR program, unless the program elements that
are carried out can be shown through quantifiable evidence to meet or exceed VMT and SON/
goals as specified in ordinance;
3. Failure to make a good faith effort, as defined in RCW 70.94.534 and this
ordinance; or
4. Failure to revise a CTR program as defined in RCW 70.94.534(4) and this
ordinance.
D. Penalties
a. Employers notified or that have identified themselves to Spokane Valley
within 180 days of the ordinance being adopted and that do not submit a
CTR program within 180 days from the notification or self - identification;
e
ordinance being adopted and that do not submit-or-iinplerile
1.
No affected employer with an approved CTR program which has made a good
faith effort may be held liable for failure to reach the applicable SOV or VMT goal;
2. Each day of failure to implement the program shall constitute a separate violation,
subject to penalties as described in RCW 7.80. Spokane Valley shall adopt a schedule of civil
monetary penalties by separate resolution.
3. An affected employer shall not be liable for civil penalties if failure to implement
an element of a CTR program was the result of an inability to reach agreement with a certified
collective bargaining agent under applicable laws where the issue was raised by the employer and
pursued in good faith. Unionized employers shall be presumed to act in good faith compliance if
they:
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a. Propose to a recognized union any provision of the employer's CTR
program that is subject to bargaining as defined by the National Labor Relations Act; and
b. Advise the union of the existence of the statute and the mandates of the
CTR program approved by Spokane Valley and advise the union that the proposal being made is
necessary for compliance with state law (RCW 70.94.531).
Section 11. Exemptions and Goal Modifications.
A. Worksite Exemptions
An affected employer may request Spokane Valley to grant an exemption from all CTR program
requirements or penalties for a particular worksite. The employer must demonstrate that it would
experience undue hardship in complying with the requirements of the ordinance as a result of the
characteristics of its business, its work force, or its location(s). An exemption may be granted if
the affected employer demonstrates that it faces extraordinary circumstances, such as bankruptcy,
and is unable to implement any measures that could reduce the proportion of SOV trips and
VMT per employee. Exemptions may be granted by Spokane Valley at any time based on
written notice provided by the affected employer. The notice should clearly explain the
conditions for which the affected employer is seeking an exemption from the requirements of the
CTR program. Spokane Valley shall review annually all employers receiving exemptions, and
shall determine whether the exemption will be in effect during the following program year.
B. Employee Exemptions
Specific employees or groups of employees who are required to drive alone to work as a
condition of employment may be exempted from a worksite's CTR program. Exemptions may
also be granted for employees who work variable shifts throughout the year and who do not
rotate as a group to identical shifts. Spokane Valley will use the criteria identified in the CTR
Task Force Guidelines to assess the validity of employee exemption requests. Spokane Valley
shall review annually all employee exemption requests, and shall determine whether the
exemption will be in effect during the following program year.
C. Modification of CTR Program Goals
1. An affected employer may request that Spokane Valley modify its CTR program
goals. Such requests shall be filed in writing at least 60 days prior to the date the worksite is
rcquircd w submit its program description or annual report. The goal modification request must
clearly explain why the worksite is unable to achieve the applicable goal. The worksite must also
demonstrate that it has implemented all of the elements contained in its approved CTR program.
2. Spokane Valley will review and grant or deny requests for goal modifications in
accordance with procedures and criteria identified in the CTR Task Force Guidelines. An
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employer may not request a modification of the applicable goals until one year after city approval
of its initial program description or annual report.
ATTEST:
Section 12. Appeals.
Any affected employer may appeal administrative decisions regarding exemptions, modification
of goals, CTR Program elements, and violations and penalties to the designated Hearing
Examiner. Appeals shall be filed within 15 working days of the administrative decision. All
appeals shall be fled with the City Clerk at 11707 East Sprague, Suite 106, Spokane Valley, WA
99206. If the City contracts with Spokane County to administer the CTR plan and program, the
City will transmit any appeal to the Clerk of the Board of County Commissioners of Spokane
County, which will process the appeal pursuant to established procedures. All appeals shall be in
writing and must specify the decision being appealed as well as the specific basis for the appeal.
Section 13. Severability. if any section, sentence, clause or phrase of this Ordinance
should he 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 plu of this Ordinance.
Section 14. Effective Date. This Ordinance shall be in full force and effect five (5) days
after publication of the Ordinance Summary.
PASSED by the City Council this day of November, 2003.
City Clerk, Chris Bainbridge
Approved as to Form:
Deputy City Attorney, Cary P. Driskell
Date of Publication:
Effective Date:
Mayor, Michael DeVleming
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CITY OF SPOKANE VALLEY
Request for Council Action
Meeting Date: October 28, 2003 City Manager Sign -off:
Item: Check all that apply: ['consent IJ old business ❑new business ❑ public hearing
0 information ❑ admin. report ®pending legislation
AGENDA ITEM TITLE: 2003 Annual Comprehensive Plan Amendments
GOVERNING LEGISLATION: RCW 36.70A - Growth Management Act — Spokane Valley
Interim Comprehensive Plan — Spokane Valley Interim Zoning Code
PREVIOUS COUNCIL ACTION TAKEN: The Council reviewed the 2003 amendments at its
October 7, 2003, study session, with no action taken.
BACKGROUND: The City of Spokane Valley Interim Comprehensive Plan provides for an
annual comprehensive plan amendment process. The deadline for submitting comprehensive
plan amendment requests was July 1, 2003. The Planning Commission conducted a public
hearing on the proposed amendments on August 28, 2003. After considering public testimony,
the Commission continued the hearing to September 11, 2003, requesting Planning Staff to
develop an alternative recommendation for CPA- 03 -05.
The Comprehensive Plan Amendments, with Planning Commission Recommendations, are
summarized below:
1. File No. CPA -03 -02
Location: South side of Appleway Avenue, east of Park Road
Request: Change 3 acres from Neighborhood Commercial to Regional Commercial
PC Recommendation: Change to Community Commercial and zone B -2
2. File No. CPA -03 -01
Location: 8915 East Montgomery
Request: Change 5 acres from Low Density Residential to Regional Commercial
PC Recommendation: Change to Community Center and zone B -2
3. File No. CPA -03 -03
Location: West side of Pines Road, between Union Pacific Railroad right -of -way and
Mansfield Avenue
Request: Change 2.5 acres from High Density Residential to Light Industrial
PC Recommendation: Change to Light Industrial and zone 1 -2
4. File No. CPA -03 -04
Location: Cataldo Avenue, west of Bradley and north of 1 -90 (Golf Dome property)
Request: Change 2.6 acres from Low Density Residential to Light Industrial
PC Recommendation: Change to Light Industrial and zone 1 -2
5. File No. CPA -03 -05
Location: West of Pines Road between Broadway and Cataldo Avenue
Request: Change 3 acres from Low Density Residential to High Density Residential
PC Recommendation: Change southern portion to Medium Density Residential and
zone UR -12; no change on northern portion of parcel.
6. File No. CPA -03 -06
Location: North side of Broadway Avenue, between Blake and Mamer Roads
Request: Change 5 acres from Low Density Residential to High Density Residential
PC Recommendation: Change to High Density Residential and zone UR -22
7. File No. CPA -03 -07
Location: Northwest comer of Barker Road and Boone Avenue
Request: Change 3 acres from Low Density Residential to High Density Residential
PC Recommendation: Change to west portion of property to Medium Density
Residential and zone UR -12; change east portion of property to Community
Commercial and zone B -2
OPTIONS: The Council may adopt the Planning Commission recommendations, deny the
requests, remand the requests back to the Planning Commission for further proceedings, or
modify the Commission's recommendations after conducting a public hearing, per RCW
36.70A.035(2)(a). The Council may set a public hearing date at any regularly scheduled
meeting. The public hearing requires at least 15 days public notice and all property owners
within 400 feet of the proposal must be mailed an individual notice.
RECOMMENDED ACTION OR MOTION: Move to advance amendment ordinances (one or
more) to second reading.
BUDGET /FINANCIAL IMPACTS: N/A
STAFF CONTACT: Marina Sukup, Community Development Director
ATTACHMENTS: Individual ordinances for each amendment will be forwarded under separate
cover.
CITY OF SPOKANE VALLEY
SPOKANE COUNTY, WASHINGTON
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF SPOKANE VALLEY,
SPOKANE COUNTY WASHINGTON, AMENDING THE COMPREHENSIVE
PLAN AND ZONING MAPS OF THE CITY AND PROVIDING FOR OTHER
MATTERS PROPERLY RELATED THERETO.
WHEREAS, the City of Spokane Valley incorporated on March 31, 2003 and
adopted Land Use plans and regulations as set forth below:
(1)Comprehensive Plan, Capital Facilities Plan, and Maps
as the Interim Comprehensive Plan of the City through
Ordinance No. 52;
(2) The Spokane County Zoning Code as supplemented
and amended by the Phase 1 Development Regulations as
the Interim Development Regulations of the City through
Ordinance NO. 53; and
(3) The Spokane County Zoning Maps as the interim
Zoning Maps of the City through Ordinance No. 54;
WHEREAS, to facilitate and promote reasonable land use in the City it is
periodically necessary to review and amend the City Comprehensive Plan, Development
Regulations and Zoning Map following a public process before the Planning Commission
and City Council;
WHEREAS, the owner and or applicant of the property described in this
Ordinance submitted an application to the City to modify one or more of the following:
the Comprehensive Plan, Comprehensive Nan Map, Development Regulations and /or
Zoning Map of the City for the purpose of beneficially using the property described
herein;
WHEREAS, following the application to the City, staff conducted environmental
review to determine the potential environmental impacts from the request in the
application, made a recommendation to the Planning Commission concerning the
application and the Planning Commission, following notice and a public hearing,
received evidence and information on the application; and
WHEREAS, the Planning Commission recommends to the City Council that this
Ordinance be approved for the purposes set forth herein.
CPA -03 -01 Page 1 of 3
DRAFT DRAFT
NOW, THEREFORE, the City Council of the City of Spokane Valley do ordain
as follows:
Section 1. Purpose. The purpose of this Ordinance is to amend the City
Comprehensive Plan and Map(s) adopted through Ordinance No. 52 and amend the City
Zoning Map adopted through Ordinance No. 54 in order to permit the property described
herein to be used in a matter consistent with the same.
Section 2. Findings. The City Council acknowledges that the Planning
Commission: (1) conducted appropriate investigation and study; (2) held a public hearing
on the Application; and (3) recommends approval of the amendments to the
Comprehensive Plan and Zoning Code set forth in this Ordinance in a manner which
promotes the best interest of the City through appropriate and reasonable land uses. The
City Council further recognizes that the amendments set forth herein promote the best
interests of the City and fulfill the objectives of the Growth Management Act as set forth
in RCW 36.70A, do not cause a significant environmental impact (as mitigated or
otherwise) and promote the reasonable and orderly development of the City.
Section 3. Property. The property which is subject to this Ordinance is
described on the attached Exhibit "A ".
Section 4. Comprehensive Plan and Map Amendment. Pursuant to RCW
35A.63.073 the City of Spokane Valley Comprehensive Plan and Map as adopted
through Ordinance No. 52 is hereby amended as set forth on the attached Exhibit "A."
The Plan Amendment is generally described as follows:
File No. CPA -03 -01
Location: 8915 East Montgomery
Decision: Change property shown on Attachment "A" from Low Density Residential to
Community Commercial
Section 5. Zonine Map /Official Controls. Pursuant to RCW 35A.63.100, for
the purpose of regulating the use of land and to implement and give affect to the
Comprehensive Plan the City hereby amends the Official Zoning Map of the City -as set
forth on Exhibit "A." The Zoning Map Amendment is generally described below.
File No. CPA -03 -01
Location: 8915 East Montgomery
Decision: Change property shown on Attachment "A" from UR -7 to B -2
Section 6. Adoption of Other Laws. To the extent that any provision of the
Spokane County Code, or any other law, rule or regulation referenced in the attached
Zoning Map(s) is necessary or convenient to establish the validity, enforceability or
interpretation of the Zoning Map(s), then such provision of the Spokane County Code, or
other law. rule or regulation is hereby adopted by reference.
CPA -03 -01 Page 2 of 3
DRAFT DRAFT
Section 7. Map - Copies on File-Administrative Action. The Comprehensive
Plan (with Maps) and Zoning Map(s) are maintained in the office of the City Clerk as
well as the City Department of Community Development. The City Manager or designee,
following adoption of this Ordinance, is authorized to modify the Comprehensive Plan
Map and the Zoning Map in a manner consistent with this Ordinance.
Section 8. Liability. The express intent of the City of Spokane Valley is that
the responsibility for compliance with the provisions of this ordinance shall rest with the
permit applicant and their agents. This ordinance and its provisions are adopted with the
express intent to protect the health. safety, and welfare of the general public and are not
intended to protect any particular class of individuals or organizations.
Section 9. •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 10. Effective Date. This Ordinance shall be in :full force and effect
five (5) days after the 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 October, 2003
City Clerk, Chris 13ainbridge
Approved As To Form:
Interim City Attorney, Stanley M. Schwartz
Date of Publication:
Effective :Date.:
Mayor, Michael DeVletning
CPA -03 -01 Paee 3 of 3
Attachment A
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Augu t 15, 2003
430
Feet
Comprehensive Plan Amendment
CPA -03 -01
p c a
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CPA -03 -01
Attachment `A'
DRAFT DRAFT
CITY OF SPOKANE VALLEY
SPOKANE COUNTY, WASHINGTON
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF SPOKANE VALLEY,
SPOKANE COUNTY WASHINGTON, AMENDING THE COMPREHENSIVE
PLAN AND ZONING MAPS OF THE CITY AND PROVIDING FOR OTHER
MATTERS PROPERLY RELATED THERETO.
WHEREAS, the City of Spokane Valley, incorporated on March 31, 2003 and
adopted Land Use plans and regulations as set forth below:
(1 )Comprehensive Plan, Capital Facilities Plan, and Maps
as the Interim Comprehensive Plan of the City through
Ordinance No. 52;
(2) The Spokane County Zoning Code as supplemented
and amended by the Phase I Development Regulations as
the Interim Development Regulations of the City through
Ordinance No. 53; and
(3) The Spokane County Zoning Maps as the interim
Zoning Maps of the City through Ordinance No. 54;
WHEREAS, to facilitate and promote reasonable land use in the City it is
periodically necessary to review and amend the City Comprehensive Plan, Development
Regulations and Zoning Map following a public process before the Planning Commission
and City Council;
WHEREAS, the owner and or applicant of the property described in this
Ordinance submitted an application to the City to modify one or more of the following:
the Comprehensive Plan, Comprehensive Plan Map, Development R.egulations and /or
Zoning Map of the City for the purpose of beneficially using the property described
herein;
WHEREAS, following the application to the City, staff conducted environmental
review to determine the potential environmental impacts from the request in the
application, made a recommendation to the Planning Commission concerning the
application and the Planning Commission, following notice and a public hearing,
received evidence and information on the application; and
WHEREAS, the Planning Commission recommends to the City Council that this
Ordinance be approved for the purposes set forth herein.
CPA -03 -02 Pane 1 of 3
DRAFT DRAFT
NOW, THEREFORE, the City Council of the City of Spokane Valley do ordain
as follows:
Section 1. Purpose. The purpose of this Ordinance is to amend the City
Comprehensive Plan and Map(s) adopted through Ordinance No. 52 and amend the City
Zoning Map adopted through Ordinance No. 54 in order to permit the property described
herein to be used in a matter consistent with the same.
Section 2. Findings. The City Council acknowledges that the Planning
Commission: (1) conducted appropriate investigation and study; (2) held a public hearing
on the Application; and (3) recommends approval of the amendments to the
Comprehensive Plan and Zoning Code set forth in this Ordinance in a manner which
promotes the best interest of the City through appropriate and reasonable land uses. The
City Council further recognizes that the amendments set forth herein promote the best
interests of the City and fulfill the objectives of the Growth Management Act as set forth
in RCW 36.70A, do not cause a significant environmental impact (as mitigated or
otherwise) and promote the reasonable and orderly development of the City.
Section 3. Property. The property which is subject to this Ordinance is
described on the attached Exhibit "A ".
Section 4. Comprehensive Plan and Map Amendment. Pursuant to RCW
35A.63.073 the City of Spokane Valley Comprehensive Plan and Map as adopted
through Ordinance No. 52 is hereby amended as set forth on the attached Exhibit "A."
The Plan Amendment is generally described as follows:
File No. CPA -03-02
Location: South side of Appleway Avenue, east of Park Road
Decision: Change property shown on Attachment "A" from Neighborhood
Commercial to Community Commercial
Section 5. Zoning Map /Official Controls. Pursuant to RCW 35A.63.100, for
the purpose of regulating the use of land and to implement and give affect to the
Comprehensive Plan the City hereby amends the Official Zoning Map of the City as set
forth on Exhibit "A." The Zoning Map Amendment is generally described below.
File No. CPA -03 -02
Location: South side of Appleway Avenue, east of Park Road
Decision: Change property shown on Attachment "A" from B -1 to B -2
Section 6. Adoption of Other Laws. To the extent that any provision of the
Spokane County Code, or any other law, rule or regulation referenced in the attached
Zoning Map(s) is necessary or convenient to establish the validity, enforceability or
interpretation. of the Zoning Map(s), then such provision of the Spokane County Code, or
other law, rule or regulation is hereby adopted by reference.
CPA -03 -02 Page 2 of 3
DRAFT DRAFT
Section 7. Map - Conies on File - Administrative Action. The Comprehensive
Ilan (with Maps) and Zon.i.ng Map(s) are maintained in the office of the City Clerk. as
well as the City Department of Community Development. The City Manager or designee,
following adoption of this Ordinance, is authorized to modify the Comprehensive Plan
Map and the Zoning Map in a manner consistent with this Ordinance.
Section 8. Liability. The express intent of the City of Spokane Valley is that
the responsibility for compliance with the provisions of this ordinance shall rest with the
permit applicant and their agents. This ordinance and its provisions are adopted with the
express intent to protect the health, safety, and welfare of the general public and are not
intended to protect any particular class of individuals or organizations.
Section 9. Severability. If any section, sentence, clause or phrase of this
ordinance shall he held to be invalid or unconstitutional by a court of competent
jurisdiction, such invalidity or unconstitutionality shall not affect the validity or
constitutionality of any other section, sentence, clause or phrase of this ordinance.
Section 10. Effective Date. This Ordinance shall be in full force and effect
five (5) days after the 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 October, 2003
City Clerk, Chris Bainbridge
Approved As To Form:
Interim City Attorney, Stanley M. Schwartz
Date of Publication:
Effective Date:
Mayor, Michael DeVleming
CPA -03 -02 Page 3 of 3
Attachment A
mom
untRIE
'LIT
11 111111
11111111i
MED
111111111
11111111111
taalin
111111111111 tpUe
0
■
August 15, 2003
390
Feet
Comprehensive Plan Amendment
CPA -03 -02
Valley
CPA -03 -02
Attachment `A'
DRAFT DRAFT
CITY OF SPOKANE VALLEY
SPOKANE COUNTY, WASHINGTON
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF SPOKANE VALLEY,
SPOKANE COUNiTY WASHINGTON, AMENDING THE COMPREHENSIVE
PLAN AND ZONING MAPS OF THE CiTY AND PROVIDING FOR OTHER
MATTERS PROPERLY RELATED THERETO.
WHEREAS, the City of Spokane Valley, incorporated on March 31, 2003 and
adopted Land Use plans and regulations as set frmrth below:
(])Comprehensive Plan, Capital Facilities Plan, and Maps
as the Interim Comprehensive Plan of the City through
Ordinance No. 52;
(2) The Spokane County Zoning Code as supplemented
and amended by the Phase I Development Regulations as
the Interim Development Regulations of the City through
Ordinance NO. 53; and
• (3) The Spokane County Zoning Maps as the Interim
Zoning Maps of the City through Ordinance No. 54;
WHEREAS, to facilitate and promote reasonable land use in the City it is
periodically necessary to review and amend the City Comprehensive Plan, Development
Regulations and Zoning Map following a public process before the Planning Commission
and City Council;
WHEREAS, the owner and or applicant of the property described in this
Ordinance submitted an application to the City to modify one or more of the following:
the Comprehensive Plan, Comprehensive Plan Map, Development Regulations and/or
Zoning Map of the City for the purpose of beneficially using the property described
herein;
WHEREAS, follo the application to the City, staff conducted environmental
review to determine the potential environmental impacts from the request in the
application, made a recommendation to the Planning Commission concerning the
application and the Planning Commission, following notice and a public hearing,
received evidence and information on the application; and
WHEREAS, the Planning Commission recommends to the City Council that this
Ordinance be approved for the purposes set forth herein.
CPA -03 -03 Page 1 of 3
DRAFT DRAFT
NOW, THEREFOR, the City Council of the City of Spokane Valley do ordain
as follows:
Section 1. Purpose. The purpose of this Ordinance is to amend the City
Comprehensive Plan and Map(s) adopted through Ordinance No. 52 and amend the City
Zoning Map adopted through Ordinance No. 54 in order to permit the property described
herein to be used in a matter consistent with the same.
Section 2. Findings. The City Council acknowledges that the Planning
Commission: (1) conducted appropriate investigation and study; (2) held a public hearing
on the Application; and (3) recommends approval of the amendments to the
Comprehensive Plan and Zoning Code set forth in this Ordinance in a manner which
promotes the best interest of the City through appropriate and reasonable land uses. The
City Council further recognizes that the amendments set forth herein promote the best
interests of the City and fulfill the objectives of the Growth Management Act as set forth
in RCW 36.70A, do not cause a significant environmental impact (as mitigated or
otherwise) and promote the reasonable and orderly development of the City.
Section 3. Property. The property which is subject to this Ordinance is
described on the attached Exhibit "A ".
Section 4. Comprehensive Plan and Map Amendment. Pursuant to RCW
35A.63.073 the City of Spokane Valley Comprehensive Plan and Map as adopted
through Ordinance No. 52 is hereby amended as set forth on the attached Exhibit "A."
The Plan Amendment is generally described as follows:
File No. CPA -03 -03
Location: West side of Pines Road, between Union Pacific Railroad right -of -way and
Mansfield Avenue
Decision: Change property shown on Attachment "A" from High Density Residential to
Light Industrial
Section 5. Zoning Map/Official Controls. Pursuant to RCW 35A.63.100, for the
purpose of regulating the use of land and to implement and give affect to the
Comprehensive Plan the City hereby amends the Official Zoning Map of the City as set
forth on Exhibit "A." The Zoning Map Amendment is generally described below.
File No. CPA -03 -03
Location: West side of Pines Road, between Union Pacific Railroad right -of -way and
Mansfield Avenue
Decision: Change property shown on Attachment "A" from UR -22 to 1 -2
Section 6. Adoption of Other Laws. To the extent that any provision of the
Spokane County Code, or any other law, rule or regulation referenced in the attached
Zoning Map(s) is necessary or convenient to establish the validity, enforceability or
CPA -03 -03 Page 2 of 3
DRAT DRAFT
interpretation of the Zoning Map(s), then such provision of the Spokane County Code, or
other law, rule or regulation is hereby adopted by reference.
Section 7. Map - Copies on File - Administrative Action. The Comprehensive
Plan (with Maps) and Zoning Map(s) are maintained in the office of the City Clerk as
well as the City Department of Community Development. The City Manager or designee,
following adoption of this Ordinance, is authorized to modify the Comprehensive Plan
Map and the Zoning Map in a manner consistent with this Ordinance.
Section 8. Liability. The express intent of the City of Spokane Valley is that
the responsibility for compliance with the provisions of this ordinance shall rest with the
permit applicant and their agents. This ordinance and its provisions are adopted with the
express intent to protect the health, safety, and welfare of the general public and are not
intended to protect any particular class of individuals or organizations.
Section 9. Severabilitv. If any section, sentence, clause or phrase of this
ordinance shall be held to be invalid or unconstitutional by a court of competent
jurisdiction, such invalidity or unconstitutionality shall not affect the validity or
constitutionality of any other section, sentence, clause or phrase of this ordinance.
Section 10. Effective Date. This Ordinance shall be in full force and effect
five (5) days after the date of publication of this Ordinance or a summary thereof in the
official newspaper of the City.
ATTEST:
City Clerk, Chris Bainbridge
Approved As To Form:
Interim City Attorney, Stanley M. Schwartz
Date of Publication:
Effective Date:
PASSED by the City Council this day of October, 2003
Mayor, Michael DeVleming
CPA -03 -03 Page 3 of 3
Attachment A
August 15, 4003
390
Feet
Comprehensive Plan Amendment
CPA -03 -03
Spokane
. Valley
CPA -03 -03
Attachment `A'
DRAFT DRAFT
CITY OF SPOKANE VALLEY
SPOKANE COUNTY, WASHINGTON
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF SPOKANE. VALLEY,
SPOKANE COUNTY WASHINGTON, AMENDING TIME COMPREHENSIVE
PLAN AND ZONING MAPS OF THE CITY AND PROVIDING FOR OTHER
MATTERS PROPERLY RELATED THERETO.
WHEREAS, the City of Spokane Valley, incorporated on March 31, 2003 and
adopted Land Use plans and regulations as set forth below:
(1)Comprehensive Plan, Capital Facilities Plan, and Maps
as the Interim Comprehensive Plan of the City through
Ordinance No. 52;
(2) The Spokane County Zoning Code as supplemented
and amended by the Phase I Development Regulations as
the Interim Development Regulations of the City through
Ordinance NO. 53; and
(3) The Spokane County Zoning Maps as the Interim
Zoning Maps of the City through Ordinance No. 54;
WHEREAS, to facilitate and promote reasonable land use in the City it is
periodically necessary to review and amend the City Comprehensive Plan, Development
Regulations and Zoning Map following a public process before the Planning Commission
and City Council;
WHEREAS, the owner and or applicant of the property described in this
Ordinance submitted an application to the City to modify one or more of the following:
the Comprehensive Plan, Comprehensive Plan Map, Development R.egulations and /or
Zoning Map of the City for the purpose of beneficially using the property described
herein;
WHEREAS, following the application to the City, staff conducted environmental
review t:o determine the potential environmental impacts from the request in the
application, made a recommendation to the Planning Commission concerning the
application and the Planning Commission, following notice and a public hearing,
received evidence and information on the application; and
WHEREAS, the Planning Commission recommends to the City Council that this
Ordinance be approved for the purposes set forth herein.
CPA -03 -04 Page 1 of 3
DRAFT DRAFT
NOW, THEREFORE, the City Council of the City of Spokane Valley do ordain
as follows:
Section 1. Purpose. The purpose of this Ordinance is to amend the City
Comprehensive Plan and Map(s) adopted through Ordinance No. 52 and amend the City
Zoning Map adopted through Ordinance No. 54 in order to permit the property described
herein to be used in a matter consistent with the same.
Section 2. Findings. The City Council acknowledges that the Planning
Commission: (1) conducted appropriate investigation and study; (2) held a public hearing
on the Application; and (3) recommends .approval of the amendments to the
Comprehensive Plan and Zoning Code set forth in this Ordinance in a manner which
promotes the best interest of the City through appropriate and reasonable land uses. The
City Council further recognizes that the amendments set forth herein promote the best
interests of the City and fulfill the objectives of the Growth Management Act as set forth
in RCW 36.70A, do not cause a significant environmental impact (as mitigated or
otherwise) and promote the reasonable and orderly development of the City.
Section 3. Property. The property which is subject to this Ordinance is
described on the attached Exhibit "A ".
Section 4. Comprehensive Plan and Map Amendment. Pursuant to RCW
35A.63.073 the City of Spokane Valley Comprehensive Plan and Map as adopted
through Ordinance No. 52 is hereby amended as set forth on the attached Exhibit "A."
The Plan Amendment is generally described as follows:
File No. CPA -03-04
Location: Cataldo Avenue, west of Bradley and north of 1 -90 (Golf Dome property)
Decision: Change property shown on Attachment "A" from Low Density Residential to
Light Industrial
Section 5. Zoning Map /Official Controls. Pursuant to RCW 35A.63.100, for the
purpose of regulating the use of land and to implement and give affect to the
Comprehensive Plan the City hereby amends the Official Zoning Map of the City as set
forth on Exhibit "A." The Zoning Map Amendment is generally described below.
File No. CPA -03 -04
Location: Cataldo Avenue, west of Bradley and north of 1 -90 (Golf Dome property)
Decision: Change property shown on Attachment "A" from UR -7 to 1 -2
Section 6. Adoption of Other Laws. To the extent that any provision of the
Spokane County Code, or any other law, rule or regulation referenced in the attached
Zoning Map(s) is necessary or convenient to establish the validity, enforceability or
interpretation of the Zoning Map(s), then such provision of the Spokane County Code, or
other law, rule or regulation is hereby adopted by reference.
CPA -03 -04 Page 2 of 3
DRAFT DRAFT
Section 7. Map - Copies on File - Administrative Action. The Comprehensive
Plan (with Maps) and Zoning Map(s) are maintained in the office of the City Clerk as
well as the City Department of Community :Development. The City Manager or designee,
following adoption of this Ordinance, is authorized to modify the Comprehensive Plan
Map and the Zoning Map in a manner consistent with this Ordinance.
Section 8. Liability. The express intent of the. City of Spokane Valley is that
the responsibility for compliance with the provisions of this ordinance shall rest with the
permit applicant and their agents. This ordinance and its provisions are adopted with the
express intent to protect the health, safety, and welfare of the general public and are not
intended to protect any particular class of individuals or organizations.
Section 9. 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 10. Effective Date. This Ordinance shall be in full force and effect
five (5) days after the 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 October, 2003
City Clerk, Chris Bainbridge
Approved As To Form:
Interim City Attorney, Stanley M. Schwartz
Date of Publication:
Effective Date:
Mayor, Michael DeVleming
CPA -03 -04 Page. 3 of 3
Attachment A
CPA -03 -04
August 15, 2003
400
Feet
Comprehensive Plan Amendment
CPA-03-04
Attachment `A'
DRAFT DRAFT
CITY OF SPOKANE VALLEY
SPOKANE COUNTY, WASHINGTON
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF SPOKANE VALLEY,
SPOKANE COUNTY WASHINGTON, AMENDING THE COMPREHENSIVE
PLAN AND ZONING MAI'S OF THE CITY AND PROVIDING FOR OTHER
MATTERS PROPERLY RELATED THERETO.
WHEREAS, the City of Spokane Valley, incorporated on March 31, 2003 and
adopted Land Use plans and regulations as set forth below:
(1)Comprehensive Plan, Capital Facilities Plan, and Maps
as the Interim Comprehensive Plan of the City through
Ordinance No. 52;
(2) The Spokane County Zoning Code as supplemented
and amended by the Phase 1 Development Regulations as
the Interim Development Regulations of the City through
Ordinance No. 53; and
(3) The Spokane County Zoning Maps as the Interim
Zoning Maps of the City through Ordinance No. 54;
WHEREAS, to facilitate and promote reasonable land use in the City it is
periodically necessary to review and amend the City Comprehensive Plan, Development
Regulations and Zoning Map following a public process before the Planning Commission
and City Council;
WHEREAS, the owner and or applicant of the property described in this
Ordinance submitted an application to the City to modify one or more of the following:
the Comprehensive Plan, Comprehensive Plan Map, Development Regulations and/or
Zoning Map of the City for the purpose of beneficially using the property described
herein;
WHEREAS, following the application to the City, staff conducted environmental
review to determine the potential environmental impacts from the request in the
application, made a recom nendation to the Planning Commission concerning the
application and the Planning Commission, following notice and a public hearing,
received evidence and information on the application; and
WHEREAS, the Planning Commission recommends to the City Council that this
Ordinance be approved for the purposes set forth herein.
CPA -03 -05 Page 1 of 3
DRAFT DRAFT
NOW, THEREFORE. the City Council of the City of Spokane Valley do ordain
as follows:
Section 1. Purpose. The purpose of this Ordinance is to amend the City
Comprehensive Plan and Map(s) adopted through Ordinance No. 52 and amend the City
Zoning Map adopted through Ordinance No. 54 in order to perrnit the property described
herein to be used in a matter consistent with the same.
Section 2. Findings. The City Council acknowledges that the Planning
Commission: (1) conducted appropriate investigation and study; (2) held a public hearing
on the Application; and (3) recommends approval of the amendments to the
Comprehensive Plan and Zoning Code set forth in this Ordinance in a manner which
promotes the best interest of the City through appropriate and reasonable land uses. The
City Council further recognizes that the amendments set forth herein promote the best
interests of the City and fulfill the objectives of the Growth Management Act as set forth
in RCW 36.70A, do not cause a significant environmental impact (as mitigated or
otherwise) and promote the reasonable and orderly development of the City.
Section 3. Property. The property which is subject to this Ordinance is
described on the attached Exhibit "A ".
Section 4. Comprehensive Plan and Map Amendment. Pursuant to RCW
35A.63.073 the City of Spokane Valley Comprehensive Plan and Map as adopted
through Ordinance No. 52 is hereby amended as set forth on the attached Exhibit "A."
The Plan Amendment is generally described as follows:
File No. CPA -03 -05
Location: West of Pines Road between Broadway and Cataldo Avenue
Decision: Change property shown on Attachment "A" from Low Density Residential to
Medium Density Residential
Section 5. Zoning Map /Official Controls. Pursuant to RCW 35A.63.100, for the
purpose of regulating the use of land and to implement and give affect to the
Comprehensive Plan the City hereby amends the Official Zoning Map of the City as set
forth on Exhibit "A." The Zoning Map Amendment is generally described below.
File No. CPA -03 -05
Location: West side of Pines Road, between Union Pacific Railroad right -of -way and
Mansfield Avenue
Decision: Change property shown on Attachment "A" from UR -3.5 to UR -12
Section 6. Adoption of Other Laws. To the extent that any provision of the
Spokane County Code, or any other law, rule or regulation referenced in the attached
Zoning Map(s) is necessary or convenient to establish the validity, enforceability or
CPA -03 -05 Page 2 of 3
DRAFT DRAFT
interpretation of the Zoning Map(s), then such provision of the Spokane County Code, or
other law, rule or regulation is hereby adopted by reference.
Section 7. Map - Copies on File - Administrative Action. The Comprehensive
Plan (with Maps) and Zoning Map(s) are maintained in the office of the City Clerk as
well as the City .Department of Community Development. The City Manager or designee,
following adoption of this Ordinance, is authorized to modify the Comprehensive Plan
Map and the Zoning Map in a manner consistent with this Ordinance.
Section 8. Liability. The express intent of the City of Spokane Valley is that
the responsibility for compliance with the provisions of this ordinance shall rest with the
permit applicant and their agents. This ordinance and its provisions are adopted with the
express intent to protect the health, safety, and welfare of the general public and are not
intended to protect any particular class of individuals or organizations.
Section 9. 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 10. Effective Date. This Ordinance shall be in full force and effect
five. (5) days after the 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 October, 2003
City Clerk, Chris Bainbridge
Approved As To Form:
Interim City Attorney, Stanley M. Schwartz
Date of Publication:
Effective Date:
Mayor, Michael DeVieming
CPA -03 -05 Page 3 of 3
Vicinity Map
August 55, 2003
410
Feet
Comprehensive Plan Amendment
CPA -03 -05
Sliblane
j Valley
CPA -03 -05
Attachment `A'
DRAFT DRAFT
CITY OF SPOKANE VALLEY
SPOKANE COUNTY, WASHINGTON
ORDINANCE NO.
AN ORDINANCE OF THE C1TY OF SPOKANE. VALLEY,
SPOKANE COUNTY WASHINGTON, AMENDING THE COMPREHENSIVE
PLAN AND ZONING MAPS OF THE CITY AND PROVIDING FOR OTHER
MATTERS PROPERLY RELATED THERETO.
WHEREAS, the City of Spokane Valley, incorporated on March 31, 2003 and
adopted Land Use plans and regulations as set forth below:
(1)Comprehensive Plan, Capital Facilities Plan, and Maps
as the Interim Comprehensive Plan of the City through
Ordinance No. 52;
(2) The Spokane County Zoning Code as supplemented
and amended by the Phase I Development Regulations as
the Interim Development Regulations of the City through
Ordinance No. 53; and
(3) The Spokane County Zoning Maps as the Interim
Zoning Maps of the City through Ordinance No. 54;
WHEREAS, to facilitate and promote reasonable land use in the City it is
periodically necessary to review and amend the City Comprehensive .Plan, Development
Regulations and Zoning Map following a public process before the Planning Commission
and City Council;
WHEREAS, the owner and or applicant of the property described in this
Ordinance submitted an application to the City to modify one or more of the following:
the Comprehensive Plan, Comprehensive Plan Map, Development Regulations and/or
Zoning Map of the City for the purpose of beneficially using the property described
herein;
W «REAS, following the application to the City, staff conducted environmental
review to determine the potential environmental impacts from the request in the
application, made a recommendation to the Planning Commission concerning the
application and the Planning Commission, following notice and a public hearing,
received evidence and information on the application; and
WHEREAS, the Planning Commission recommends to the City Council that this
Ordinance be approved for the purposes set forth herein.
CPA -03 -06 Page 1 of 3
DRAFT DRAFT
NOW, THEREFORE, the City Council of the City of Spokane Valley do ordain
as follows:
Section 1. Purpose. The purpose of this Ordinance is to amend the City
Comprehensive Plan and Map(s) adopted through Ordinance No. 52 and amend the City
Zoning Map adopted through Ordinance No. 54 in order to permit the property described
herein to be used in a matter consistent with the same.
Section 2. Findings. The City Council acknowledges that the Planning
Commission: (1) conducted appropriate investigation and study; (2) held a public hearing
on the Application; and (3) recommends approval of the amendments to the
Comprehensive Plan and Zoning Code set forth in this Ordinance in a manner which
promotes the best interest of the City through appropriate and reasonable land uses. The
City Council further recognizes that the amendments set forth herein promote the best
interests of the City and fulfill the objectives of the Growth Management Act as set forth
in RCW 36.70A, do not cause a significant environmental impact (as mitigated or
otherwise) and promote the reasonable and orderly development of the City.
Section 3. Lusa. The property which is subject to this Ordinance is
described on the attached Exhibit "A ".
Section 4. Comprehensive Plan and Map Amendment. Pursuant to RCW
35A.63.073 the City of Spokane Valley Comprehensive Plan and Map as adopted
through Ordinance No. 52 is hereby amended as set forth on the attached Exhibit "A."
The Plan Amendment is generally described as follows:
File No. CPA -03-06
Location: North side of Broadway Avenue, between Blake and Maurer Roads
Decision: Change property shown on Attachment "A" from Low Density Residential to
High Density Residential
Section 5. Zoning Map /Official Controls. Pursuant to RCW 35A.63.100, for
the purpose of regulating the use of land and to implement and give affect to the
Comprehensive Plan the City hereby amends the Official Zoning Map of the City as set
forth on Exhibit "A." The Zoning Map Amendment is generally described below.
File No. CPA -03 -06
Location: North side of Broadway Avenue, between Blake and Mamer Roads
Decision: Change property shown on Attachment "A" from UR -3.5 to UR -22 (that
portion of property not currently zoned UR -22)
Section 6. Adoption of Other Laws. To the extent that any provision of the
Spokane County Code, or any other law, rule or regulation referenced in the attached
Zoning Map(s) is necessary or convenient to establish the validity, enforceability or
interpretation of the Zoning Map(s), then such provision of the Spokane County Code, or
other law, rule or regulation is hereby adopted by reference.
CPA -03 -06 Page 2 of 3
DRAFT DRAFT
Section 7. Map - Copies on File - Administrative Action. The Comprehensive
Plan (with Maps) and Zoning Map(s) are maintained in the office of the City Clerk as
well as the City Department of Community Development. The City Manager or designee,
following adoption of this Ordinance, is authorized to modify the Comprehensive Plan
Map and the Zoning Map in a manner consistent with this Ordinance.
Section 8. Liability. The express intent of the City of Spokane Valley is that
the responsibility for compliance with the provisions of this ordinance shall rest with the
permit applicant and their agents. This ordinance and its provisions are adopted with the
express intent to protect the health, safety, and welfare of the general public and are not
intended to protect any particular class of individuals or organizations.
Section 9. 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 10. Effective Date. This Ordinance shall be in full force and effect
five (5) days after the 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 October, 2003
City Clerk, Chris Bainbridge
Approved As To Form:
Interim City Attorney, Stanley M. Schwartz
Date of Publication:
Effective Date:
Mayor, Michael DeVleming
CPA -03 -06 Page 3 of 3
Attachment A
August 15, 2003
400
Feet
Comprehensive Plan Amendment
CPA -03 -06
"lane
jVal.
CPA -03 -06
Attachment `A'
DRAFT DRAFT
CITY OF SPOKANE VALLEY
SPOKANE COUNTY, WASHINGTON
ORDINANCE NO.
AN ORDINANCE OF TILE CITY OF SPOKANE VALLEY,
SPOKANE COUNTY WASHINGTON, AMENDING THE COMPREHENSIVE
PLAN AND ZONING MAPS OF THE CITY AND PROVIDING FOR OTHER
MATTERS PROPERLY RELATED THERETO.
WHEREAS, the City of Spokane Valley, incorporated on March 31, 2003 and
adopted Land Use plans and regulations as set forth below:
(1)Comprehensive Plan, Capital Facilities Plan, and Maps
as the Interim Comprehensive Plan of the City through
Ordinance No. 52;
(2) The Spokane County Zoning Code as supplemented
and amended by the Phase 1 Development Regulations as
the Interim Development Regulations of the City through
Ordinance No. 53; and
(3) The Spokane County Zoning Maps as the Interim
Zoning Maps of the City through Ordinance No. 54;
WHEREAS, to facilitate and promote reasonable land use in the City it is
periodically necessary to review and amend the City Comprehensive Plan, Development
Regulations and Zoning Map following a public process before the Planning Commission
and City Council;
WHEREAS, the owner and or applicant of the property described in this
Ordinance. submitted an application to the City to modify one or more of the following:
the Comprehensive Plan, Comprehensive Plan Map, Development Regulations and /or
Zoning Map of the City for the purpose of beneficially using the property described
herei n;
WHEREAS, following the application to the City staff conducted environmental
review to determine the potential environmental impacts from the request in the
application, made a recommendation to the Planning Commission concerning the
application and the Planning Commission, following notice and a public hearing,
received evidence and information on the application; and
WHEREAS, the Planning Commission recommends to the City Council that this
Ordinance be approved for the purposes set forth herein.
CPA -03 -07 Page 1 of 3
DRAFT DRAFT
NOW, THEREFORE, the City Council of the City of Spokane Valley do ordain
as follows:
Section 1. Purpose. The purpose of this Ordinance is to amend the City
Comprehensive Plan and Map(s) adopted through Ordinance No. 52 and amend the City
Zoning Map adopted through Ordinance No. 54 in order to permit the property described
herein to be used in a matter consistent with the same.
Section 2.. Findings. The City Council acknowledges that the Planning
Commission: (1) conducted appropriate investigation and study; (2) held a public hearing
on the Application; and (3) recommends approval of the amendments to the
Comprehensive Plan and Zoning Code set forth in this Ordinance in a manner which
promotes the best interest of the City through appropriate and reasonable land uses. The
City Council further recognizes that the amendments set forth herein promote the best
interests of the City and fulfill the objectives of the Growth Management Act as set forth
in RCW 36.70A, do not cause a significant environmental impact (as mitigated or
otherwise) and promote the reasonable and orderly development of the City.
Section 3. Property. The property which is subject to this Ordinance is
described on the attached Exhibit "A ".
Section 4. Comprehensive Plan and Map Amendment. Pursuant to RCW
35A.63.073 the City of Spokane Valley Comprehensive Plan and Map as adopted
through Ordinance No. 52 is hereby amended as set forth on the attached Exhibit "A."
The Plan Amendment is generally described as follows:
File No. CPA -03 -07
Location: Northwest corner of Barker Road and Boone Avenue
Decision: Change property shown on Attachment "A" from Low Density Residential to
Medium Density Residential
Section 5. Zonine Map /Official Controls. Pursuant to RCW 35A.63.100, for
the purpose of regulating the use of land and to implement and give affect to the
Comprehensive Plan the City hereby amends the Official Zoning Map of the City as set
forth on Exhibit "A." The Zoning Map Amendment is generally described below.
File No. CPA -03 -07
Location: Northwest corner of Barker Road and Boone Avenue
Decision: Change property shown on Attachment "A" from UR -3.5 to UR -12
Section 6. Adoption of Other Laws. To the extent that any provision of the
Spokane County Code, or any other law, rule or regulation referenced in the attached
Zoning Map(s) is necessary or convenient to establish the validity, enforceability or
interpretation of the Zoning Map(s), then such provision of the Spokane County Code, or
other law, rule or regulation is hereby adopted by reference.
CPA -03 -07 Page 2 of 3
Attachment "A"
CPA-03-07
CPA-03-07
Attachment "A"
DRAFT DRAFT
Section 7. Map - Copies on File - Administrative Action. The Comprehensive
Plan (with Maps) and Zoning Map(s) are maintained in the office of the City Clerk as
well as the City Department of Community Development. The City Manager or designee,
following adoption of this Ordinance, is authorized to modify the Comprehensive Plan
Map and the Zoning Map in a manner consistent with this Ordinance.
Section 8. Liability. The express intent of the City of Spokane Valley is that
the responsibility for compliance with the provisions of this ordinance shall rest with the
permit applicant and their agents. This ordinance and its provisions are adopted with the
express intent to protect the health, safety, and welfare of the general public and are not
intended to protect any particular class of individuals or organizations.
Section 9. 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 10. Effective Date. This Ordinance shall be in full force and effect
five (5) days after the 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 October, 2003
City Clerk, Chris Bainbridge
Approved As To Form:
Interim City Attorney, Stanley M. Schwartz
Date of Publication:
Effective Date:
Mayor, Michael DeVleming
CPA -03 -07 Page 3 of 3
GOVERNING LEGISLATION:
CITY OF SPOKANE VALLEY
Request for Council Action
Meeting Date: October 28, 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: Approval of the Assignment of the Agreement with Tan Moore
Architects from Spokane County to the City of Spokane Valley for Architectural Services for the
CenterPlace Project.
PREVIOUS COUNCIL ACTION TAKEN: None on this specific item. However, Council has
received several updates and taken various actions associated with other legal, financial and
planning aspects of the CenterPlace project.
BACKGROUND: In compliance with its bidding process, Spokane County selected Tan Moore
Architects as the most qualified firm to provide the architectural services for the design and
development of CenterPlace at Mirabeau. The contract allowed for multiple phases of the
design and construction processes. In order for the City of Spokane Valley to continue with the
design and planning of CenterPlace, the City needs to have its own agreement, either with Tan
Moore or with another architectural firm. .
Given the scope and projected cost of the contract, the City needs to either bid the remaining
aspects of the planning services, or seek an assignment of the Tan Moore contract from the
County. Attached for Council consideration is a draft Assignment agreement, which has been
reviewed by both City Attorney Stanley Schwartz and County Counsel.
OPTIONS: Issue a Request for Qualifications and undertake an official bidding process to
select an architectural firm to complete the CenterPlace planning, design and construction
oversight aspects of the project.
RECOMMENDED ACTION OR MOTION: Move to approve the Agreement assigning the
contract with Tan Moore for CenterPlace architectural services from Spokane County to the City
of Spokane Valley.
BUDGET /FINANCIAL IMPACTS: Funds for the remaining architectural services have been
included in the CenterPlace project budget.
STAFF CONTACT: Neil Kersten, Public Works Director
ATTACHMENTS Draft Assignment Agreement
ASSIGNMENT AGREEMENT
TAN MOORE ARCHITECTS, P.C.
THIS ASSIGNMENT is made by and between the City of Spokane Valley, a non
charter code city (the "City "), Spokane County, a political subdivision of the state of
Washington (the "County") and Tan Moore Architects, a professional services
corporation of the state of Washington ( "Tan Moore "or "Consultant "), jointly referred to
as "parties ".
WHEREAS, pursuant to a Request for Qualifications the County sought from
qualified architects proposals to design Centerplace at Mirabeau;
WHEREAS, following the submittal of qualifications, the County selected Tan
Moore as the most qualified firm to provide the architectural services with the County
and Tan Moore entering into an "A/E PROFESSINAL SERVICES AGREEMENT,
CONTRACT NUMBER P 3983" (the "Contract ") for the purpose of providing
architectural services related to the design and development of Centerplace at Mirabeau;
WHEREAS subsequent to the execution of the above agreement the City was
incorporated;
WHEREAS, upon incorporation the County and the City agreed to the
conveyance of certain park properties to the City through an Interlocal Agreement with
the City having the responsibility to develop and maintain the properties for public
purposes;
WHEREAS, one of the properties transferred to the City is Mirabeau;
WHEREAS, the City intends to develop Mirabeau pursuant to City Bond
Resolution, Ordinance and action of the City Council in a manner consistent with the
design work performed by Tan Moore;
WHEREAS, the County properly bid and selected the architectural services of
Tan Moore through County RFQ 99 -060 and Resolution 99 -0529;
WHEREAS, the City is desirous of taking an assignment of the Contract which
contained additional services to include "131d Phase Services ", "Construction
Administration Phase" and "Project Closeout Phase" for the purpose of completing the
development of Centerplace in a cost efficient and timely manner.
NOW, THEREFORE, for and inconsideration of the mutual promises set forth
hereinafter and for valuable consideration received by the County, the parties agree:
1. Assignment. The County hereby assigns and transfers all rights,
responsibilities and interests in the Contract to the City pursuant to Article 11 of the
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Contract and City agrees to perform all assigned responsibilities of the County set forth in
the Contract from the date of this assignment. Tan Moore hereby accepts the assignment
and covenants to perform the scope of work in the Contract on behalf of and for the
benefit of the City.
2. Incorporation by Reference. The Contract is hereby incorporated into this
assignment as if fully set forth and shall he in full force and effect except as modified
herein. Nothing contained in this agreement shall be considered a waiver of any rights,
responsibilities or liabilities existing under the Contract with any party entitled to assert
demands, claims or suits regarding the sane.
3. Administration. All references in the Contract to the "County" shall mean the
"City ". For purposes of administration of the scope of work, including authorizations
and requests to perform or correct work, the City Manager or designee shall be the
primary contact for Tan Moore.
4. Representations. The City has relied upon the qualifications of the
Consultant in entering into this agreement. By execution of this agreement, Consultant
represents it possesses the ability, skill and resources necessary to perform the work and
is familiar with all current laws, rules and regulations which reasonably relate to the
Scope of Work. No substitutions of personnel shall be made without the written consent
of the City.
Consultant shall be responsible for the technical accuracy of its services and
documents, and City shall not be responsible for discovering deficiencies therein.
Consultant shall correct such deficiencies without additional compensation except to the
extent such action is directly attributable to deficiencies in City furnished information.
5. Modifications. The City may modify this agreement and order changes in the
work whenever necessary or advisable. The Consultant will accept modifications when
ordered in writing by the City Manager or designee. Compensation for such
modifications or changes shall be as mutually agreed between the parties. The,
Consultant shall make such revisions in the work as are necessary to correct errors or
omissions appearing therein when required to do so by the City without additional
compensation.
6. Notice. Notice shall be given in writing as follows:
TO THE CITY:
Name: Chris Bainbridge, City Clerk
Phone Number: (509)921 -1000
Address: 11707 East Sprague Avenue
Spokane Valley, WA 99206
TO THE CONSULTANT:
Name: Tan Moore Architects, P.S.
Phone Number: (509) 455 -8648
Address: 416 W. Sprague Avenue
Spokane, WA. 99201
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7. Entire Agreement. This written agreement constitutes the entire and complete
agreement between the parties and supercedes any prior oral or written agreements. This
Agreement may not be changed, modified or altered except in writing signed by the
parties hereto.
This Assignment is made this day of October, 2003.
ATTEST:
VICKY M. DALTON
CLERK OF THE BOARD
Daniela Erickson, Deputy
City Clerk
Approved as to form:
Acting City Attorney
BOARD OF COUNTY COMMISSIONERS
SPOKANE, COUNTY, WASHINGTON
JOHN ROSKELLEY, Chair
PHILLIP D. HARRIS, Vice - Chair
BY: M. KATE MCCASLIN, Member
CITY OF SPOKANE VALLEY:
Attest: By:
City Manager
TAN MOORE, P.S.
By: / - 4rJ1,
Its: ) t?
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AGREEMENT2.doc
CITY OF SPOKANE VALLEY
Request for Council Action
Meeting Date: 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: Draft Interlocal Agreement for Commute Trip Reduction Program with
Spokane County
GOVERNING LEGISLATION: RCW 70.94
PREVIOUS COUNCIL ACTION TAKEN: Study session 10 - -
BACKGROUND: RCW 70.94.524 -551 requires each jurisdiction within counties over 150,000 to
adopt an ordinance and plan to reduce commute trips for large employers. Spokane County
has been running such a program since 1993. Spokane County has approached us to ask if we
would let them continue to operate the program, and in return, the County would receive the
roughly $33,000 SV would receive from the State. That money is an allocation from the State
that is intended to be a cost recovery for operating the program to avoid CTR being an
unfunded mandate. If we were to operate the program internally, the funds would need to be
used for CTR- related matters, and could not be simply placed in the general fund. Use of such
funds could include paying part of the salary of a new or existing employee whose duties
include CTR implementation and monitoring.
Staff has no comment on the proposed interiocal agreement from Spokane County, other than
Section 5. That provision states that the County would own any property acquired by the
County with money passed through from the City to the County. Staff requests direction on that
issue. Spokane County states that this would basically encompass use of computer equipment
that has to be purchased and used.
OPTIONS: Operate a CTR program internally.
RECOMMENDED ACTION OR MOTION: Approve the Interlocal Agreement on CTR.
BUDGET /FINANCIAL IMPACTS: Revenue neutral if approved. Unknown if SV runs its own
program.
STAFF CONTACT: Cary P. Driskell
ATTACHMENTS: draft Interlocal Agreement.
INTERGOVERNMENTAL AGREEMENT
THIS AGREEMENT, made and entered into this day of , 2003 by
and between the City of Spokane Valley, a municipal corporation of the State of Washington,
having offices for the transaction of business at 11707 E. Sprague Ave., Suite 106, Spokane
Valley, WA, 99206, hereinafter referred to as the "City" and Spokane County, a political
subdivision of the State of Washington, having offices for the transaction of business at West
1026 Broadway Avenue, Spokane, Washington, 99260, hereinafter referred to as the "County,"
jointly hereinafter referred to as the "Parties."
WITNESSETH
WHEREAS, the Washington State Legislature has adopted legislation codified in RCW
70.94.521 through 551, the purpose of which is to improve air quality, reduce traffic congestion
and reduce the consumption of petroleum fuels through employer -based programs that encourage
the use of alternatives to the single occupant vehicle for commute trips; and
WHEREAS, the County and each affected city within Spokane County have adopted
Commute Trip Reduction Ordinances and must implement a Commute Trip Reduction•(CTR)
Plan for all major employers; and
WHEREAS, the Washington State Department of Transportation has the statutory
authority under Section 2 of RCW 70.94.541 to provide assistance to local governments serving
the communities of the State for the purpose of implementing Commute Trip Reduction Plans
and Ordinances; and
WHEREAS, pursuant to the provisions of RC\V Section 70.94.544, the Washington
State Department of Transportation is directed to proportionally distribute funds to counties, and
counties upon receipt of such funds, proportionally distribute the same to cities based on number
of affected worksites, to be used to implement and administer Commute Trip Reduction Plans
and Ordinances; and
WHEREAS, Spokane County has entered into an agreement with the Washington State
Department of Transportation under Agreement No. GCA3667, hereinafter referred to as
"WSDOT Agreement," pursuant to which Spokane County is eligible to receive a reimbursable
amount of funds which the County will distribute to itself and cities to implement and administer
Commute Trip Reduction Plans and Ordinances; and
WHEREAS, pursuant to the provisions of RCW Section 70.94.527 (6), counties and
cities may enter into agreements through the lnterlocal Cooperation Act to coordinate the
development and implementation of Commute Trip Reduction Plans and Ordinances; and
WHEREAS, Spokane County has allocated $33,278.93 to the City from the grant
Agreement No. GCA3667 which the City is now desirous of making available to the County to
perform those tasks which are the responsibility of the City.
NOW, TH E RIB RO RE, for and in consideration of the mutual promises set forth
hereinafter, and as authorized under chapter RCW 70.94.527 (6), the parties hereto do mutually
k■rec as follows:
Section]: PURPOSE
The County has entered into a WSDOT Agreement with the Washington State
Department of Transportation under which it will receive $173,401 for year one and year two to
be based on Exhibit 1 "funding Allocation Methodology ". This funding is to be allocated to the
County and cities within Spokane County for their use in the implementation and administration
of their Commute Trip Reduction Plans and Ordinances. The County, based upon an allocation
formula established by the Washington State Department of Transportation, has determined that
the City shall receive $33.278.93 from the WSDOT Agreement from which it shall perform
certain tasks. The City agrees to its proportionate share of the monies made available to the
County in the WSDOT Agreement and agrees to allow Spokane County to retain its
proportionate share in consideration of the County performing those tasks as more particularly
set forth in Attachment "A" attached hereto and incorporated herein by reference. In conjunction
with allowing the County to retain its proportionate share of monies, the City will execute any
and all necessary documents which may be required by the Washington State Department of
"Transportation.
It is understood by the parties hereto, that in order for the County to perform those tasks
as set forth in Attaclunent "A" for the City, the City must perform certain tasks. Attached hereto
as Attachment "B" and incorporated herein by reference, is a listing of tasks which the City
agrees to perform in conjunction with the County performing those tasks set forth in Attachment
The County agrees to provide those tasks set forth in Section 1 and complete performing
such tasks on or before June 30. 2005.
The parties agree that this Agreement may be terminated by either party for material
breach of any provision set forth herein, upon ninety (90) days advance written notice to the
other party at the address set forth hereinabove. Provided, however, the parties agree that any
notification of termination shall set forth the specific provisions) for which such notification is
being provided and additionally, advise that if such default is cured within such ninety (90) day
time frame. said termination notification shall be of no force and effect.
In the event of termination, the County agrees to provide to the City all written
documentation which it has completed to the date of termination under the terms of this
Agreement. Additionally, the County agrees to return to the City that portion of the monies set
Section 2: DURATION
Section 3: TEfl.MJNATION
forth in Section 1 hereinabove, which has not been expended by the county, prior to the date of
termination, on the City's behalf in providing those tasks as set forth in Attachment "A."
Provided, further, the parties recognize that the Washington State Department of
Transportation in Agreement No. GCA3667, has retained the right to unilaterally terminate all or
a part of such contract if there is a reduction of funds from the funding source. Accordingly, in
the event that the Washington State Department of Transportation terminates all or part of the
WSDOT Agreement with Spokane County, and such action affects the allocation of funds by the
County to the City herein, andlor modifies the tasks to be performed hereunder, the parties will
ininiediately meet to renegotiate the provisions of this Agreement.
Section 4: DESIGNATION OF ADMINISTRATOR
The County hereby designates Ms. Aurora J. Crooks, the Spokane County Transportation
Demand Management Manager, as its designee for the purpose of administering and
coordinating the County's responsibilities under the terms of this Agreement.
Section 5: ACQUISITION /DISPOSITION OF PROPERTY
The parties hereto agree that any real or personal property acquired by the County with
those monies made available to the County by the City under Section 1 hereinabove, shall be and
remain the sole property of the County upon acquisition andlor termination of this Agreement.
Section 6: COMPLIANCE WITH LAWS
The County agrees to observe all applicable federal, state and local laws, ordinances and
regulations including, but no necessarily limited to, the Americans with Disabilities Act and
chapter 49.60 RCW, to the extent that they may have any bearing on performing those tasks for
the City as set forth in Section 1 hereinabove. Additionally, the County agrees to comply with all
applicable funding audit requirements of the Washington State Department of Transportation in
conjunction with performing those tasks for the City.
All notices called for or provided for in this Agreement shall be in writing and must be
served on any of the Parties either personally or by certified mail, return receipt requested, sent
to the Parties at their respective addresses hereinabove given. Notices sent by certified mail shall
be deemed served when deposited in the United States mail, postage prepaid.
Section 7: NOTICES
Section 8: HEADINGS
The section headings in this Agreement have been inserted solely for the purpose of
convenience and ready reference. In no way do they purport to, and shall not be deetned to,
define, limit or extend the scope or intent of the sections to which they appertain.
No modification or amendment of this A.greement shall be valid until the same is reduced
to writing and executed with the same formalities as this present Agreement.
Section 10: ALL WRITINGS CONTAINED HEREIN
This Agreement contains all the terms quid conditions agreed upon by the Parties. No
other understandings, oral or otherwise, regarding the subject matter of this Agreement shall be
deemed to exist or to bind any of the Parties hereto. The City has read and understands all of this
Agreement, and now states that no representation, promise or agreement not expressed in this
Agreement has been made to induce the City to execute the same.
IN WITNESS WHEREOF, the parties hereto have hereunto set their hands and seals
the day and year first above written.
CITY OF SPOKANE VALLEY
B PHILLIP D. HARRIS, VICE CHAIR.
Mayor Michael DeVleming
ATTEST:
CHRISTINE 13A.INBRIDGE
CITY CLERK.
APPROVED AS TO FORM:
CARY P. DRISKELL
DEPUTY CITY ATTORNEY DEPUTY PROSECUTING ATTORNEY
Section 9: MODIFICATION
BOARD OF COUNTY COMMISSIONERS
OF SPOKANE COUNTY, WA.SH.INGTON
JOHN ROSKELLEY, CHAIR
M. KATE McCASLN
ATTEST:
VICKI M. DALTON
CLERK OF THE BOARD
APPROVED AS TO FORM:
County
Number
of Sites
Trips
Reduced/
Day
Worksitc
Base
Allocation
Performance
Allocation
Additional
to Achieve
$80,00
Floor
Total
Allocation
Benton
$50,000
Clark
47
654
$56,400
$20,266
$3,334
$80,000
King
552
11,575
$662,400
$280,270
$942,670
Kitsap
32
0
$38,400
SO
$41,600
$80,000.00
Pierce
83
4,278
$99,600
$103,585
$203,185
Snohomish
84
1,050
$100,800
$25,424
5126,224
Spokane
99
2,255
$118,800
$54,601
$173,401
Thurston
65
579
$78,000'
$14,020
$92,020
Whatcom
23
329
$27,600
$10,195
$42,205
$80,000
Yakima
20
304
$24,000
59,420
$46,580
$80,000
TOTAL
1,005
21,024
$1,206,000
$517,781
$133,71.9
$1,907,500.00
Funding allocated by WSDOT for local implementation of CTR activities is based on the
following formula:
1. Each county is provided $1,200 per affected worksite as a base allocation to ensure
sufficient funding to meet jurisdiction obligations pursuant to RCW 70.94.521 -551. The
number of affected worksites in each county shall be based on information contained in
WSDOT database as of May 1 of each year.
2. The remaining funding will be allocated based on the number of commute trips reduced
per day in each county between each worksite's base year survey and its most recent
survey. provided that every county receives at least $80,000 per year. For the period July
1. 2003 through June 30. 2004. the most recent survey period will be 2001. For the
period 1, 2004 through June 30, 2005, the most recent survey period will be 2003.
July 1, 2003 - June 30, 2004 Allocation
Exhibit 1
Funding Allocation Methodology
Any distribution of funds to jurisdictions within a county shall be done on the basis of the
number of affected worksites in each jurisdiction. For example, if there are two jurisdictions in a
county. each with fifty percent of the total number of affected worksites in the county, any
division of funds within the county should provide each of the two jurisdictions with fifty
percent of the total county funding allocation.
The County will:
ATTACHMENT "A"
STATEMENT OF WORK
Promote consistency within all affected local government jurisdictions within Spokane
County, while serving the City's specific needs.
2. Maintain and administer the City's CTR Ordinances and Plan.
3. Employ a full -time Transportation Demand Management Manager to administer the
County's and City's CTR Plans and Ordinances.
4. Take reasonable measures to identify and notify all affected employers within the City.
5. Assist each affected employer within the City in preparing a program and promoting
the principles of Transportation Demand Management (TDM) with the employer's
employees.
6. Maintain an appeals process consistent with RCW 70.94.534(6) and the procedures
contained in the CTR. Guidelines whereby employers in the local jurisdiction may obtain
an exemption or modification of CTR requirements, including the establishment of
alternative SOV/VMT goals. Within 30 days from the date of approval, submit to
WSDOT the name and employer identification code for any worksite that has been
granted an exemption or goal modification. Include information about the duration of all
exemptions and information on the type of goal modification granted.
Submit to Washington State Department of Transportation periodic progress reports
summarizing the overall CTR implementation costs incurred by the County and shall be
reported in a format provided by WSDOT.
8. Provide WS DOT with a public hearing notice and copies of any proposed amendments to
the CTR ordinance, plan, and/or administrative guidelines within the first week of the
public review period and final copies of all actions within one (1) month of adoption.
9. Coordinate and administer baseline and measurement CTR employer surveys. Provide
employer survey assistance, training and state- supplied survey forms.
10. Notify Washington State Department of Transportation prior to sending any surveys to
University of Washington for processing. The notification must include the name of the
worksite, employer identification code and type of survey for each survey being
submitted for processing. The notification shall be submitted as an electronic spreadsheet
12. Provide WSDOT with updated lists of affected worksites and jurisdiction contacts on a
quarterly basis. These updates will be submitted electronically in a format specified by
WSDOT.
13. Continue to monitor the programs of each of the affected employers in the City to
determine compliance with the CTR Ordinance and Plan. Complete annual review
employer CTR programs including a determination as to whether the employer is acting
in good faith to meet the goals established by the CTR Law. Within 30 days from the date
of approval, submit to WSDOT one electronic or hard copy of any approved employer
annual reports.
14. Provide on -going support to all employer - designated Employee Transportation
Coordinators (ETCs) and assist 13TCs in facilitating regular employer networking
opportunities and obtaining information necessary to perform their duties including
information materials that explain a range of measures and activities to encourage
employee use of commute alternatives.
15. Market available services to affected employers to assist in accomplishing CTR goals.
16. Work collaboratively with and provide technical guidance and support to employers in
developing successful CTR programs.
17. Conduct at least one Basic ETC Training Course per year, using WSDOT- provided
ETC Handbook and other training materials reviewed and approved by WSDOT.
18. Prepare and submit to WSDOT an annual work plan which outlines major tasks and
activities to be conducted for the coming year.
19. Provide employers with written information on basic requirements of the CTR
ordinance, CTR zones and an explanation of how the plan is intended to achieve its
goals.
20. Attend transportation fairs at affected employer worksites to encourage high - occupancy
vehicle commuting and promote the employer's CTR program.
21. Design. construct and distribute worksite Commuting Options i3oards. Provide
professional materials such as brochures, flyers, posters, newsletters, clip art and other
tools to assist employer implementation of worksite CTR programs
via electronic mail. The County agrees to wait for confirmation from WSDOT prior to
sending or delivering the surveys for processing.
Return CTR Survey Report form to their respective employer within thirty (30) days
of receipt from the state. and return all processed CTR Employee Questionnaires
unaltered to their respective employer within ninety (90) days of receipt from the state.
2 2.
Submit any requests for exemptions or modifications from CTR requirements
including requests for goal modifications, to the Washington State Department of
Transportation for review and comment within five (5) days of receiving such
requests. Spokane County shall not approve or deny any such requests until receiving
comment on the request from WSDOT within five (5) days.
23. Provide all affected employers with the WSDOT- approved "Program Description &
Employer Annual Report" form. Ensure completed reports are submitted by affected
employers to meet applicable deadlines.
24. Submit to Washington State Department of Transportation periodic invoices (State form
134 -139 along with progress reports that accurately assess the progress made by
County, on behalf of Ciry, in implementing RCW 70.94.521 -551.
Report contents include:
a. Detailed summary of CTR events and projects, including implementation assistance
provided to affected employers within the City;
b. Actual total CTR expenditures used by the County for all state CTR funds
expended by the County during the previous quarter for the purpose of CTR
implementation using WSDOT pre - approved format;
c. Updated list of affected employers and worksites (electronic);
d. Total number of worksites by jurisdiction;
e. List of sites which have applied for exemptions or goal modifications;
f. 1-iard copies of any employer annual reports approved during quarter.
25. Establish and maintain books records, documents and other evidence and accounting
procedures and practices sufficient to reflect properly all direct and indirect costs of
whatever nature claimed to have been incurred and anticipated to be incurred solely
for the performance of this Agreement. Establish and maintain a separate "CTR
Account" within Spokane County along with supporting documentation such as payroll
arid time records, invoices, contracts, vouchers or products proving in proper detail the
nature and propriety of the charges.
)6. Notify Washington State Department of Transportation of any proposed changes in
CTR zone boundaries and /or values (proportion of Single- Occupant Vehicle commute
trips and /or commute trip Vehicle Miles Traveled per employee).
27. Participate in local implementation of the statewide CTR. public awareness and
recognition programs developed by Washington State Department of Transportation.
28. Make recommendations to the City for policies on parking and site design which will
encourage the use of alternative transportation modes.
29. Encourage employers to develop site designs and improvements to office and
industrial sites that promote the use of alternative transportation modes.
30. Assist Washington State Department of Transportation with CTR evaluation.
31. Administer TransMatch, the County -wide ridematching service.
32. Serve as liaison between Washington State Department of Transportation and cities,
towns, transit agencies and regional transportation planning organizations for the
purpose of RCW 70.94.521 -551.
The City will:
1. Provide Spokane County with copies of' any proposed amendments to the CTR Plan
and Ordinance.
3. Develop, implement and maintain its own CTR Program as an affected employer or as
otherwise specified in the CTR Task Force Guidelines or R.CW 70.94.521 -551.
4. Reimburse the County for the services provided by this Agreement in an amount equal
to the City's share oldie CTR funding as provided in RCW 70.94.544.
ATTACI1iV1ENT "B"
STATEMENT OF WORK
Provide Spokane County with copies of any CTR - related amendments to parking
ordinances prior to public review.
S P O T: A_ N E yti ;. I. a a Y ' ° ' C c • U i - r Y
OFFICE OF TIME HEARING EXAMINER
To: City Council, City of Spokane Valley
City Planning Commission, City of Spokane Valley
From: Michael C. Dempsey, City Hearing Examiner 7h C )
Pro Tem and County Hearing Examiner
Re: Year 2003 Annual Report on City Hearing Examiner System
Date: October 21, 2003
The City Hearing Examiner Ordinance requires the Hearing Examiner to report at least
annually to and, if requested, meet with, the City Council and the Planning Commission.
This is for the purpose of reviewing the administration of the City's land use policies and
regulatory ordinances, and any amendments to City ordinances or other policies or
procedures that would improve the performance of the Hearing Examiner process. Such
report may include a summary of the Examiner's decisions since the last report.
A. Jnterlocal Agreement
MEMORANDUM
On March 25, 2003, the City of Spokane Valley and Spokane County entered into an
interlocal agreement for hearing examiner services, running through December 31, 2004.
The agreement appoints Michael Dempsey, Spokane County Hearing Examiner, as a
Hearing Examiner pro tem for the City.
Pursuant to the intcrlocal agreement, the City reimburses the Examiner at the rate of
$79.00 per hour for the actual time spent by the Examiner for hearing examiner services
on City land use matters, based on a log kept by the Examiner in 15- minute increments.
The hourly rate is based on the cost of salaries, benefits, maintenance and operation, and
certain indirect expenses of running the Examiner's office during the year, deducting
those line items that cannot be fairly allocated to the City. The rate is the same as the
City of Spokane and Spokane County charge each other when the hearing examiner for
one jurisdiction hears a case for the hearing examiner for the other jurisdiction, pursuant
to an interlocal agreement.
THIRD FLOOR PUBLIC WORKS BUILDING
1026 WEST BROADWAY AVENUE, SPOKANE, WASHINGTON 99260-0245
PHONE: (509) 477 -7490 • FAX: (509) 477 -7478 • TDD: (509) 477 -7133
MICHAEL C. DEMPSEY, CHIEF EXAMINER
R FC
o
cry CT �
oP "O73 O
Annual Report on City of Spokane Valley Hearing Examiner System
October 21, 2003
Page 2
Under the interlocal agreement, the Examiner provides all clerical support needed to
provide services to the City, including a clerk at public hearings; while the City provides
administrative support in the form of a hearing room, recording equipment, notifications,
project files and copies of applicable regulations. All hearings are conducted in the City
Council Chambers located at City Hall.
The County Hearing Examiner's Office consists of a full -time hearing examiner, who is
required to be an attorney, and a full -time staff assistant. The Board of County
Commissioners appoints the examiner to a 4 -year term. The Examiner has been the
County Hearing Examiner since 1996. Prior to that, the Examiner served as a deputy
prosecuting attorney in the Civil Division of the County Prosecutor's Office, specializing
in public works and planning issues, and advising and representing the Board of County
Commissioners on land use matters.
The Examiner's Office is located in the County Public Works Building, but constitutes a
separate county department that reports administratively to the County's Chief Executive
Officer. The Examiner is prohibited from having ex parte contacts regarding a decision,
with certain limited exceptions, and from conflicts of interest, under both the County and
City Hearing Examiner Ordinance.
The Examiner is a resident of the City of Spokane Valley, grew up in the Spokane Valley,
and served on the Valley Planning, Zoning and Building transition committee for several
months prior to incorporation of the new city on March 31, 2003.
B. City Hearing Examiner Ordinance
The City Hearing Examiner Ordinance requires the Examiner to hear and decide all land
use applications and administrative appeals that require a public hearing, including
preliminary plats, rezones, conditional use permit, variances, shoreline permits, appeal of
administrative determinations by the City Division of Current Planning, etc. The
Examiner's decision on such matters is subject to appeal to Superior Court, except for
decisions on a rezone or Planned Unit Development application, which decisions are
subject to appeal to the City Council.
All appeals are based on the record established before the Examiner. For appeals to the
Council, the Examiner's office is responsible for preparing a transcript of the hearing and
a copy of all the documents in the record. For appeals to Superior Court, the appellant is
responsible for preparing a transcript of the hearing, with the Examiner being responsible
for preparing a copy of the documents in the record. The appellant must reimburse the
Examiner's office for the cost of preparing the record and /or transcript.
Decision
Approved
Denied
Returned
Appealed
Plats
2
0
1
0
PUD's
1
0
1
0
Rezones
8
1
0
0
Change of conditions
0
0
0
0
Variances
1
1
0
0
Conditional Use Permits
1
0
0
0
Shoreline Permits
0
0
0
0
Administrative Appeals
0
0
0
0
Totals
13
2
2
0
Annual Report on City of Spokane Valley Hearing Examiner System
October 21, 2003
Page 3
The ordinance also authorizes the Examiner to hear other matters requiring a public
hearing referred by the Council. This may include such items as appeals under the adult
entertainment ordinance, appeals under a nuisance abatement ordinance, Local
Improvement District (LID) formation and assessment hearings, road vacations, personnel
action appeals, dangerous dog hearings, etc.
C. Land use matters heard between April 1. 2003 and October 1 2003
The Examiner's Office issued written decisions on 10 land use matters heard during the
above 6 -month period, all of which involved land use applications requiring a public
hearing. The Examiner approved 8 of the projects, partially approved 1 project, and
denied 1 project.
The project that was denied was a proposed rezone to the Neighborhood Business (B -1)
zone, which could not meet the one -half (1/2) mile separation between B -1 zones
required in certain circumstances by the City Zoning Code. Regarding the partially
approved project, the Examiner approved the rezone, denied the variance, and returned
the preliminary plat and Planned Unit :Development (PUD) Overlay zone to the applicant
for modification and rehearing.
None of the Examiner's decisions were appealed to Superior Court or to the City Council.
The 10 land use decisions heard during this 6 -month period involved a total of 17 land
use applications. The following table indicates their disposition:
Valley applications heard between April 1, 2003 and October 1., 2003
Annual Report on City of Spokane Valley Hearing Examiner System
October 21, 2003
Page 4
D. Budget and Expenditures
The City budgeted 532,000 for hearing examiner services for the last nine (9) months of
2003. The Examiner estimates that his office will bill the City no more than $20,000 for
services rendered during this 9 -month time period, based on the billings for the past six
(6) months. Some reasons why the amount charged will be less than the projected budget
are the time that passed before City interim planning staff was prepared to schedule the
first hearing after the date of incorporation, fewer land use applications being submitted
by developers than expected due to a flat economy, and the time needed to assemble
permanent City planning staff.
The hearing schedule could be busier next year with permanent planning staff m place,
and the adoption of other City ordinances expanding the Hearing Examiner's jurisdiction.
E. Recommendations for changes in land use policies, regulations and procedures
The Examiner believes the hearing examiner system for the City of Spokane Valley is
working well. The lack of appeals is one sign that Current Planning staff and the
Examiner are carrying out their functions properly.
The City is in the process of reviewing its Comprehensive Plan and development
regulations, which were mostly adopted by reference from the County's comprehensive
plan and development regulations. The County's Phase I Development Regulations only
partially implemented the County Comprehensive Plan. This partial implementation has
caused a number of problems for the County in trying to implement its comprehensive
plan, including the failure to adopt new zones as planned, implement regulations for new
comprehensive plan categories and update the zoning of property in accordance with the
new zones. This has also affected the hearing process.
The County's Phase II Development Regulations process is designed to complete the
implementation of the County's Comprehensive Plan, and is nearing completion. The
Phase II process will also streamline the provisions of the County Zoning Code, and
remove many obsolete or flawed provisions. The City needs to conduct a similar process,
and is presumably doing so, along with fine- tuning its comprehensive plan and
development regulations to fit the Spokane Valley.
The Examiner recommends that both the City of Spokane Valley and the County consider
consolidating their various development ordinances into a comprehensive land use code,
as the City of Spokane has done in its municipal code. Currently, the City of. Spokane
Valley, as well as the County, have a separate zoning code, subdivision ordinance,
Annual Report on City of Spokane Valley Hearing Examiner System
October 21, 2003
Page 5
hearing examiner ordinance, land use processing regulations, shoreline ordinance, critical
areas ordinance, enviromnental ordinance, etc. Consolidation of such ordinances into a
code in a sequentially numbered order would simplify use of such ordinances by
developers, staff and the public.
The Hearing Examiner Ordinance requires the Examiner to prescribe rules for the
scheduling and conduct of hearings, and other procedural matters related to the duties of
Examiner. The Examiner will be working on revising the current Hearing Examiner
Rules of Procedure, which were adopted by reference from the County, to confor n the
rules to City ordinances, remove certain inconsistencies and address certain problem
areas. The Examiner intends to work closely with the City Department of Community
Development, Current Planning in this effort.
The Examiner also plans to work with City legal counsel on revising the rules of
procedure for appeals of. Hearing Examiner heard by the City Council, which were
adopted by reference from the County and need to be updated.
F. Other matters
The County Hearing Examiner established a County website in January of 2003. The
website can be accessed for copies of Hearing Examiner agendas and decisions on County,
Valley and City of Spokane cases; and provides other useful information regarding the
hearing examiner system. The website address is www. spokkanecounty .org /he /csvhearing.s.asp.
The Hearing Examiner is a member of the Washington State Bar Association, and
attended a continuing legal education (CLE) seminar on land use law during 2003.
The Examiner spoke at a real estate conference in Spokane earlier this year, and presented
a detailed paper on the hearing examiner system in Spokane County and the state. The
Examiner also spoke to a planning class for Eastern Washington State University on the
county hearing examiner system.
G. Meeting with City Council and Planning Commission
The Examiner welcomes the opportunity to meet with the City Council and the City
Planning Commission to discuss this report, if requested.
c: Maria Sukup and Kevin Snyder, City Department of Community Development
David Mercier, City Manager
Stanley Schwartz, Interim City Attorney
Cary Driskell, Assistant City Attorney
Spokane Valley Planning Commission
DRAFT Minutes
Council Chambers — City Hall 11707 E. Sprague Ave.
October 9, 2003
CALL TO ORDER
Bill Gothmann, Planning Commission Chair, called the meeting to order at
6:30p.m.
II. PLEDGE OF ALLEGIANCE
The Commission, audience, and staff recited the. Pledge of Allegiance.
I11. ROLL CALL
Fred Beaulac — Present
Bob Blum — Present
David Crosby — Present
Gail Kogle — Present
Bill Gothmann — Present
Ian Robertson — Present
John G. Carroll - Present
IV. APPROVAL OF AGENDA
Community Development Director Marina Sukup requested that Items number 3
and 4 under "New Business" be switched.
V. APPROVAL OF MINUTES
It ►vas moved by Commissioner Kogle and seconded by Commissioner Blum
that the minutes of the September 25, 2003 Planning Commission meeting be
approved as amended. Motion passed unanimously.
VT.
Commissioner Gothmann moved that the agenda be approved as amended.
Commissioner Robertson seconded the motion. Motion passed unanimously.
PUBLIC COMMENT T
There was no public comment.
VII. COMMISSION REPORTS
Commissioner Blum reported on the October 7 City Council meeting. The
Comp Plan Amendments were presented and will be further discussed on October
28 The Council also heard a presentation on the Comp Plan Housing element,
and discussed right -of -way and cross circulation possibilities for the Appleway-
Sprague Couplet.
Commissioner Gothmann asked Mayor DeVleming, who was present, for an
update on the Christmas Tree. Fund. The Mayor reported that the City has
received $16,000 in pledges to date — another $2,000 is needed to purchase the
tree. Conunissioner Crosby personally handed Mayor DeVleming a donation.
DRAFT DRAFT
Commissioner Gothmann also gave a brief report on the recent meeting of the
Transportation Committee for the Spokane Valley Business Association. The
main topic of discussion was the Appleway- Sprague. Couplet.
VIII. ADMINISTRATIVE REPORT
Director Sukup announced that a joint meeting with the City Council and the
Planning Commission will be held on November 6, 2003 at 6:00 p.m. in the
Council Chambers.
A joint meeting of the Spokane Area Planning Commissions will be held in City
hall on Thursday, October 23 at 11:30 a.m. It is a luncheon meeting.
Commissioners Kogle, Blunm,l3eaulac, Gothmann, Robertson and Crosby
confirmed their presence. Commissioner Carroll will be unable to attend.
IX. COMMISSION BUSINESS
A. OLD BUSINESS:
There was no old business.
B. NEW BUSINESS:
Public Hearing — Adult Retail Uses Codc Revision
The Chair opened the Public Hearing to Consider a Proposed City
Ordinance to Amend Chapter 14.508 of the Zoning Code —
Nonconforming Provisions — Interifn Spokane Valley Zoning Code,
deleting the five-year amortization requirement for nonconforming
Adult Retail Use establishments at 6:41 p.m.
Members of the public were briefed on standard public hearing procedures
by Commissioner Gothmann.
Staff Presentation:
Scott Kuhta, Associate Planner, provided a brief background of the issue.
Staff recommends deletion of the entire first paragraph of Chapter
14.508, Section 040 of the Interim Spokane Valley Zoning Code
pertaining to Nonconforming Provisions. This will allow existing Adult
Retail Use establishments to remain where they are as "Nonconforming
Businesses ". New Adult Retail Use establishments will be required to
conform to code and operate only within the three zones which provide
required buffer areas.
Public Testimony:
Planning Commission Vice- Chairman Robertson stated that the
Commission received five (5) letters from the following citizens who are
in favor of the amendment:
Desiree Russell, 6311 E. Sprague, Spokane Valley, WA
Tammera Woodall, 6311 E. Sprague, Spokane Valley, WA
DRAFT DRAFT
Loyal Cowles, 6311 E. Sprague, Spokane Valley, WA
Rudy Krager, Address Unknown, Spokane, WA
Aleeta Ferguson - Krager, Address Unknown, Spokane WA
The Commission received one (1) letter from the following citizen who is
opposed to the amendment:
Kimberly Drake, P.O. Box 369, Moses Lake, WA 98837
The following citizens in attendance testified at the meeting:
Penny Lancaster, 14816 E. Farwell, Spokane, WA
Ms. Lancaster is neutral about the amendment. She provided the
Commission with a letter and backup documentation regarding the impact
Adult Retail Use establishments liave on the neighborhoods in which they
are located. She appealed to the Commission to regulate the hours of such
businesses, changing them to 8:00 a.m. - 2:00 p.m. only.
Kim Arrotta, 18318 E. Riverway, Spokane, WA
Ms. Arrotta is neutral about the amendment. She read from a report
regarding the adverse secondary effects that Adult Retail Use
establishments have on neighborhood residents. She would like the
Commission to limit the hours of operation to 8:00 a.m. — 2:00 p.m. only.
Director Sukup explained to the Commission and audience that the City
Attorney develops the. licensing requirements for Adult Retail Businesses,
which include hours of operation. The Commission does not handle that
aspect of City business.
The following citizens in attendance did not speak, but are in favor of the
amendment:
Alex Texmo, 6311 E. Sprague Avenue, Spokane Valley, WA
Desiree Russell, 6311 E. Sprague Avenue, Spokane Valley, WA
Chairman Gothmann closed the hearing to further public testimony.
Commissioner Gail Kogle moved that the Planning Conl►nissiou approve
and forward the proposed amendment to Chapter 14.508, Section 040 to
City Council for further action and adoption. The motion was seconded
by Commissioner Crosby. Motion passed unanimously.
Commissioner Carroll asked staff if they visited the three locations which
have been zoned for future Adult Retail /Entertainment Business locations
to see if they were viable. Mr. McCormick confirmed that staff has visited
these zones and there are bona fide places to build within each zone.
DRAFT DRAFT
Chairman Gothmann closed the Public Hearing at 7:00 p.m.
Economic Development Element Presentation
Director Sukup provided the Commission with a slide show presentation
on the Economic Development Element of the Comprehensive Plan
process.
Chairman Gothmann explained to staff that the Economics Department at
Eastern Washington University had been a great help in gathering
information for the economic study prior to Spokane Valley incorporation.
Comrissioner Beaulac asked whether the Spokane Valley is located in an
"Enterprise Zone ". Director Sukup explained that there are only six (6)
Enterprise Zones in the state of Washington, and Spokane is one of them.
She hopes the Valley may be able to utilize the City of Spokane's zone in
order to attract new businesses with tax breaks and other savings.
Unified Development Code Overview
Director Sukup provided the Commission with a slide show presentation
regarding the Uniform Development Code.
Reference was made to the schedule for completion of this task. Director
Sukup mentioned that the City Council has asked her to complete the
transportation element related to the Appleway- Sprague Couplet within
the next five or six months.
Preliminary Discussion of Proposed R -1, Estate Residential Zone
In the future, Director Sukup and the Planning staff will be proposing a
number of new zones and zoning changes to be incorporated into the
Comprehensive Plan. The R -1 Zone, is called a Single - Family Residential
Estate District. It will be limited to single - family detached dwellings on
estate Tots of not less than 40,000 square feet. This is an area where large
animals can be kept, with some exclusions (e.g. swine). The City will first
focus on rezoning the two platted subdivisions of Rotchford Acres and the
Ponderosa.
Commissioner Kogle asked how the City intended to handle the matter of
large animals kept at residences not zoned R -1. Director Sukup responded
that if people have historically kept large animals on their property and the .
use was allowed under previous zoning regulations, and provided that they
were properly confined and did not generate complaints from neighbors,
then they will be allowed to keep then.
Following discussion of the allowed uses in the R -1 Zone, including the
number of animals per square foot, electric fences in residential
4
DRAFT DRAFT
neighborhoods, the effect of livestock waste on the aquifer and the
Valley's overall quality of water, Commissioner Gothmann complimented
the staff on putting together an impressive document.
In response to Commissioner Crosby's question concerning a landowner's
right to subdivide, Mr. Kuhta responded that if any lot were smaller than
40,000 square feet, it would require a zone change, with notice to adjacent
property owners and a public hearing.
The draft document was provided to the 1- Iomebuilder's Association. She
would like for Planning Commissioners to send her their thoughts about
the new zones being proposed.
X. FOR THE GOOD OF THE ORDER
Commissioner Blum asked about Commission terms. Ms. Sukup
explained to him that the City Council will be discussing this matter on
Tuesday, October 14` She will have an answer for the Commission at its
next meeting.
Mr. Kuhta is working on registration of Planning Commission members
for the APA Conference in Spokane next week.
A letter from Ms. Barbara Green, regarding her thoughts about the future
of University City, was-entered into the public record.
Commissioner Beaulac plans to attend the Transit- Oriented Development
meeting on October 22" from 6:00 — 8:00 p.m. at Decades.
Professor Scarfo from Washington State University will make a
University City design presentation at the October 22 " Planning
Commission meeting.
.X1. ADJOURNMENT
There being no further business, the meeting was adjourned at 8 :15 p.m.
SUBMITTED: APPROVED:
Debi Alley, Administrative Assistant 13i11 Gothmann, Chairman
spokan'��
jValley
Memorandum
To: Dave Mercier, City Manager, and the City Council
From: Mary Baslington, Administrative Assistant
CC: Cary P. Driskell, Deputy City Attorney
Date: October 21, 2003
Re: Membership on Cable Advisory Board
If you have any questions, please let either Cary or I know.
11707 E Sprague Ave Suite 106 • Spokane Valley WA 99206
509.921.1000 • Fax: 509.921.1008 • cityhall ®spokanevalley.org
Cary asked me to contact the Laurie DeVarney at the Cable Advisory Board (CAB) to
find out when Spokane Valley will be able to appoint the first of its three members, as
provided in the interlocal agreement. 1 e- mailed her yesterday, and found out that the
CAB has had some members resign recently, and that we can now appoint all three of our
members.
The interlocal agreement states that the Mayor appoints the members, who are then
confirmed by the City Council.
Ms. DeVarney stated that the CAB has always participated in the selection process for
new members, and would be happy to help us if we choose. This would entail
interviewing applicants, and making a recommendation to the Mayor and Council. The
other option is for the Council to handle the application and screening process itself
Application Form for
Committees /Boards /Commissions
Spok`ane
#Valley
Return completed form to:
Office of the Mayor, 11707 East Sprague Suite #106 Spokane Valley, WA 99206
NOTE: All information on this form becomes PUBLIC INFORMATION when submitted to the Mayor's Office.
Position applied for:
Applicant's name:
Home address: Zip code:
Home Phone: ( ) Email:
EMPLOYMENT HISTORY
Present or last
employer:
Position Held:
Address:
Previous employer:
Address:
High School
College /University
College /University
EDUCATIONAL BACKGROUND
COMMUNITY RELATED ACTIVITIES
Dates of
Employment
Phone:
Phone:
Diploma
Degree
Degree
J
VOLUNTEER EXPERIENCES
SKILLS /SPECIAL INTERESTS
Current and ,past positions held on City Board, Committee, or Commission (circle one):
From:
From:
From:
How long have you continuously lived within Spokane Valley city limits? NOTE:
YOU MUST BE A RESIDENT OF THE CITY OF SPOKANE VALLEY.
What do you feel you can contribute to the community that may not be evident from information already
furnished on this application?
Why do you feel you are qualified to act as a voting member of the Board, Committee or Commission applied
for?
Would your appointment to this position create a conflict of interest or an appearance of a
conflict of interest?
It is the policy of the City of Spokane Valley to achieve cultural and ethnic diversity on Committees, Boards, and Commissions.
Information on this section will assist in achieving this goal and is voluntary on your part.
El Asian
El Hispanic ❑ African American ❑ Native American
To:
To:
To:
❑ White ❑ Other
CITY OF SPOKANE VALLEY
Request for Council Action
Meeting Date: October 28, 2003 City Manager Sign -off:
Item: Check all that apply: ® consent
0 information
AGENDA ITEM TITLE: INFORMATION ONLY - Status of Investigation of Activities at the
Rock Barn, 14115 E. Trent
GOVERNING LEGISLATION: Interim Zoning Code and Adopted Building Codes
PREVIOUS COUNCIL ACTION TAKEN: None
BACKGROUND: During the City Council's October 14, 2003 regular meeting, a citizen
addressed the Council during the public comment portion of- the agenda regarding concerns
about the current operation of the Rock Barn, 14115 East Trent. This citizen also presented a
petition from surrounding property owners requesting City action on these concerns. Further,
Betty Hess, 14008 East Rockwell, submitted a written letter addressing her concerns. In
summary, the following concerns were identified: 1) dust; 2) noise; 3) diesel fuel smell; 4) hours
of operation; 5) commercial truck use of neighborhood streets; 6) land stability due to dropping
of heavy rocks at the site; and 7) the integrity of underground public and private service lines
(e.g. water, sewer, natural gas) based on the heavy dropping of rocks. The City Council
requested staff to investigate these concerns.
Staff is currently conducting an investigation, and will report back to the Council at its November
12, 2003 regular meeting.
OPTIONS: None Required
RECOMMENDED ACTION OR MOTION: None Required
BUDGET /FINANCIAL IMPACTS: None
STAFF CONTACT: Kevin Snyder, Current Planning Manager / Tom Scholtens, Building
Official
i
ATTACHMENTS October 23, 2003
Memorandum from Kevin Snyder, Current
Planning Manager, with attachments
❑ old business
❑ admin. report
❑ new business ❑ public hearing
❑ pending legislation
Sp
■ Ualley
Memorandum
To: Dave Mercier, City Manager
City Council
From: Kevin Snyder, AICP, Current Planning Manage
CC: Marina Sukup, AICP, Community Development Director
Attachments:
Tom Scholtens, Building Official
Chris Berg, Code Enforcement Officer
Date: October 23, 2003
11707 E Sprague Ave Suite 106 • Spokane Valley WA 99206
509.921.1000 • Fax: 509.921.1008 • cityhallOspokanevalley.org
Re: INFORMATION ONLY — Status of Investigation of Activities at the Rock Barn,
14115 E. Trent
Staff is currently investigating the issues concerning the Rock Barn, 14115 E. Trent that
several citizens raised at the Council's October 14, 2003 meeting. Staff has requested
information from Spokane County regarding the County's previous land use and building
review and approval for the site. Staff will present an information only summary of its
investigation as part of the City Council's November 12, 2003 regular meeting packet.
Attachment A: Surrounding Property Owners' Petition
Attachment B: Letter from Betty Hess
ATTACHMENT A
RECEIVED
OCT 1 4 2003
Petition for Action_ vs RPC Rock barn: SPOKANEv LLEY
DE�PAAATDMENT OF
YEARS ,1 � OPMFNT
NAME /SIGNATURE ADDRESS
F ML‘7:)_13_
C( 'c2Q31
3
6.
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RESIDENCE
�5
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- Lot
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19.
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Page 1
21.
22.
23.
24.
25.
26.
27.
28.
29.
( 30.
31.
32.
33.
34.
35.
36.
37.
38.
39.
40.
NAME/SIGNATURE
ROCK BARN PEI's J:TION
Petition for Action vs RPC Rock barn:
YEARS AT THIS
ADDRESS RESIDENCE
Page 1
J
1
ATTACHMENT B
OCT 1 Li 2003
Vet _44415_5.
_ 9c7Y
4 iik:EL • - - - -
ARTMENT OF
C611114INITYDEVEtOPMENT------- _ _ _
C
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•
CITY OF SPOKANE VALLEY
Request for Council Action
Meeting Date: October 28, 2003 City Manager Sign -off:
Item: Check all that apply: ❑ consent ❑ old business ❑ new business 11 public hearing
® information ❑ admin. report ❑ pending legislation
AGENDA ITEM TITLE: INFORMATION ONLY — Follow Up on Floodplain Issue at 4110 South
Hollow Court
GOVERNING LEGISLATION: Interim Zoning Code and Building Code
PREVIOUS COUNCIL ACTION TAKEN: Reviewed by City Council at its October 14, 2003
regular meeting.
BACKGROUND: During the City Council's review of the status of activities at 4110 South
Hollow Court at its October 14, 2003 regular meeting, the issue of the property being located in
the floodplain was raised. The City Council requested staff to investigate this issue. The results
of staff's investigation are presented in the attached memorandum.
OPTIONS: None Required
RECOMMENDED ACTION OR MOTION: None
BUDGET /FINANCIAL IMPACTS: None
STAFF CONTACT: Kevin Snyder, Current Planning Manager/Tom Scholtens, Building Official
ATTACHMENTS
October 23, 2003 Memorandum from Kevin
Snyder, Current Planning Manager, with
attachments
S b � l ane �
jUalley
Memorandum
To: Dave Mercier, City Manager
City Council
From: Kevin Snyder, AICP, Current Planning Manager
CC: Marina Sukup, AICP, Community Development Director
Tom Scholtens, Building Official
John Hohman, P.E., Senior Engineer
Chris Berg, Code Enforcement Officer
Date: October 23, 2003
11707 E Sprague Ave Suite 106 ♦ Spokane Valley WA 99206
509.921.1000 • Fax: 509.921.1008 • cityhallespokanevalley.org
Re: INFORMATION ONLY — Follow Up on Floodplain Issue at 4110 South Hollow
Court
During the City Council's review of the status of activities at 4110 South Hollow Court at its
October 14, 2003 regular meeting, the issue of the property being located in the floodplain
was raised. Per the City Council's request, staff investigated the floodplain issue and has
identified the following:
• A portion of the property is located within the floodplain per Community Panel No.
530174 -0382 C of Flood Insurance Rate Maps for Spokane County. The base flood
elevation for the property and surrounding area ranges from 2,004 to 2,005 feet above
mean sea level.
• Subsequent to the issuance of the building permit for the property in April 2003, the
interim City staff requested Mr. and Mrs. Ferrell to demonstrate that the construction of
the shop building would not occur within the designated floodplain area. The interim City
staff made this request in response to an inquiry from a concerned citizen. There are no
written results of this demonstration in the building permit file. However, Mr. and Mrs.
Ferrell submitted a written explanation of their effort (see attached), which is consistent
with the understanding of Kevin Myre, Building Inspector, who is referenced in the letter
and was involved in the matter at that time. Mr. and Mrs. Ferrell through the use of
Geographic Positioning System (GPS) technology took several elevations over and near
the site, and identified elevation differences of up to five (5) feet. As indicated in the
attached letter and confirmed by Kevin Myre, the City at that time was satisfied with the
results of the Ferrell's investigation. Current staff see no reason to dispute the findings
of the Ferrell's investigation, as well as previous staffs acceptance of them.
• Tom Scholtens, Building Official and John Hohman, P.E., Senior Engineer, conducted a
site visit to the property on October 23, 2003, and visually observed that the construction
of the shop appears to be occurring outside of the visible floodplain area of the property.
Attachments:
Attachment A: October 23, 2003 Written Explanation Letter from the Ferrells
ATTACHMENT A
9
Per your request, the followi_n.g is a review of the steps we took to ensure the proposed
project at 4110 South Hollow Court met or exceeded the .flood plane requirements:
At the request of Kevin Myre, we took the elevations at several sites in the area. To do
this, we purchased a GPS device at a cost of $300. We then took elevations at the creek,
which runs parallel with the railroad tracks along Dishrnan- i\4ica Road, elevations at the
county drainage pond and elevations at all four corners of the building site. We recorded
the highest elevation at the creek, the highest elevation at the pond and the lowest
elevations at the building site. Mr. Myre stated he was looking for an elevation
difference of 18 -24 inches and was pleased to learn the elevations recorded at a
difference of more than 5 feet. This information was given to Mr. Myre in writing who,
at that time, stated he had everything he needed and to go ahead with the project.
The various City officials we have dealt with throughout this project have been extremely
helpful and we do appreciate their interest in our project.
Sinter
Jameg M. Ferrell
P9 3ox 142118
kane Valley, Washington 99214
October 23, 2004
Kevin Snyder
City of Spokane Valley, Washington
Dear Kevin:
RECEIVED
OCT 2 3 2003
SPOKANE VALLEY
C0�MMU ITYEVELOPf ENT
Sp`moka
Memorandum
To: David Mercier, City Manager, and Members of Council
From: Nina Regor, Deputy City Manager
Date: October 22, 2003
Re: Monthly Report — Summary of October 2003 Activities
11707 E Sprague Ave Suite 106 • Spokane Valley WA 99206
509.921.1000 • Fax: 509.921.1008 • cityhall @spokanevalley.org
Contract Negotiation and Administration
• Library Services. Following the presentation at the October 21 Council meeting, we are
proceeding with analyzing Spokane Valley library usage. We are using the Geographic
Information System (GIS) to assist us in this effort. We will be returning to Council in
November with a proposed cost for a contract with the Library District for services in
2004, pending the evaluation of long -tern service options.
• Ongoing County Contracts. City and County staff will be meeting in November to fully
discuss the County's administrative overhead methodology. Their overhead rates have a
significant impact on our service contracts, and it will be very helpful to have a thorough
understanding of their calculations.
Special Projects
• CenterPlace at Mirabeau Point. The project continues on track. Several of us recently
returned from the rating presentations for our CenterPlace bond issue. We should be
hearing the results of those presentations during the week of October 27. The meeting
between staff and Dr. Livingston and others from the Community Colleges of Spokane
went well. They confirmed their desire for several rooms effective mid -year 2005, with
first right of refusal on future expansions. Mike Jackson will be working with them to
discuss details of a lease.
• Web Site. After several internal meetings, the City's Web Site task force met with A
Perfect Web, Inc. to describe our desired uses and general guidelines for appearance.
The firm is now working on a design template for our review and feedback.
Internal Operations
• Human Resource System. We have contracted with Interim Human Resources Manager
Don Morrison to draft a comprehensive Human Resource System. The System will
include HR policies and forms; an Employee Manual; A Performance Management
System; an FIR Desk Manual; and an administrative code.
• New Employee. The City recruited for and hired Karen Kendall as the new Assistant
Planner. Karen's first day with the City was October 15.
Sj�kan �
■ Ualley
Memorandum
To: Dave Mercier, City Manager
From: Ken Thompson, Finance Director
CC: Nina Regor, Deputy City Manager
Date: October 20, 2003
Re: Monthly Departmental Report
During the last 30 days Finance employees have spent their time on the following tasks:
Bond Sale for Miraheau Point and Street Projects
We have been finalizing information for the Official Statement which provides
data for potential buyers of our bonds. This document includes financial and background
information on our community including the leading employers, leading tax payers,
outstanding debt, budget status and our plan to repay debt created to cover startup costs.
Several management team members visited a bond rating agency and potential bond
insurers in San Francisco last week to introduce the City to these companies. Our visit
was designed to tell the story of the City of Spokane Valley, explain our plan for
Mirabeau Point/selected street projects and to build relationships with those industry
officials who will determine our bond rating and eventually the interest rate we will pay on
City bonds.
The trip was necessary because the City is about to sell bonds with no credit history, no
audited financial statements and revenue shortfalls in our first year of incorporation.
2004 Budget
11707 E Sprague Ave Suite 106 • Spokane Valley WA 99206
509.921.1000 • Fax: 509.921.1008 • cityhall@spokanevalley.org
We have been fine tuning budgets for all departments and funds. Revenues have been
estimated. We are adjusting our revenue estimates each week as additional information
becomes available. A public hearing on our 2004 revenues was conducted on October 14.
Outside agencies have submitted funding proposals. The City Manager will submit his
preliminary budget to the City Council on October 21. The first reading of the property
tax ordinance is scheduled for October 28. Public hearings have been scheduled for
review of the budget on November 1 2 and November 25.
Purchasing and Contracting Requirements
Staff invited an expert from the Municipal Research Services Center to spend an afternoon
with Spokane Valley employees explaining the legal requirements for public works
contracting in Washington state. There was much to learn and we are now modifying our
procedures to more closely follow Washington State law.
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. The City's share of sales tax for the
months of September and October each exceeded $1,300,000 which included corrections
from previous months.
Transfer of Funds from Mirabeau Point Trust
Arrangements are being made to transfer donated funds from this trust to the City for
improvements to Centerplace at Mirabeau Point.
Budget Variance Report
A report showing a comparison of our revenues and expenditures to our adopted budget
is attached. The report is through September 30, 2003. Based on six months of a nine
month year, we would expect our revenues and expenditures to be about 66% through
September 30, if all transactions occurred evenly throughout the year. This rarely
happens as many of our transactions are seasonal.
General Fund Revenues:
Sales Tax
Gambling Tax
Leasehold Excise Tax
Franchise Fees
State Shared Revenues
Planning & Building Fees
Fines and Forfeitures
Recreation Program Fees
Investment Interest
General Fund Expenditures:
City Council
City Manager
Finance
Legal
Public Safety
Administrative Services
Public Worts
Planning & Community Dev.
Parks & Recreation
General Government
10I22r2003 1:26 PM
City of Spokane Valley
General Fund
Budget Variance Report
For the Period April 1 - September 30, 2003
Amend. Budget September YTD
2003 ReviExrp, R evJExp.
$ 10,000,000 $ 1,402,824 3,875,977 $
462,500 167,465
10,000 1,675 4,446
272,000 - 160,132
528,000 118,143 381,337
1,214,000 91,976 547,898
1,099,000 58,907 219,655
35,000 18,152 114,599
21,000 2,567 11,139
$ 13,641,500 $ 1,704,245 5 5,482,648 $
Unrealized Percent
ReulExp, Realized
5,124,023 38.76%
295,035 36.21
5,554 44.46
111,868 58.87
146,663 72.22
666,102 45.13
879,345 19.99
(79,599) 327.43
9,861 53.04
8,158,852 40.19%
$ 135,075 $ 17.977 $ 79,439 $ 55,636 58.81%
184,167 17,534 117,234 66.933 63.66
232,735 33,833 134,499 98,236 57.79
176,544 25,514 107,596 70,948 60,26
9,621,894 1,281,338 5,163,190 4,458,700 53.66
425,674 30,941 245,111 183,563 57.18
566,505 63,163 269,224 297,382 47.52
1,049,728 116,234 606,156 443,572 57,74
990,096 46,492 594,974 395,122 60,09
1,116,885 33,049 647,499 469,386 57.97
$ 14,504,400 S 1,666,075 $ 7,964,922 $ 6,539,478 54.91%
Other Funds Revenues:
Street Fund
Arterial Street Fund
Hotel /Motel Fund
County City Loan Fund
Capital Projects Fund
Special Capital Projects Fund
Street Capital Projects
Mirabeau Point Project
Sewer Fund
Stormwater Mgmt Fund
Equip. Rental & Replacemnt
Risk Management
Other Funds Expenditures:
Street Fund
Arterial Street Fund
Hotel /Motel Fund
County City Loan Fund
Capital Projects Fund
Special Capital Projects Fund
Street Capital Projects
Mirabeau Point Project
Sewer Fund
Stormwater Mgmt Fund
Equip. Rental & Replacemnt
Risk Management
10/22/2003 1:26 PM
City of Spokane Valley
Other Funds
Budget Variance Report
For the Period April 1 - September 30, 2003
Amend. Budget September YTO
2003 Rev /Exp. Rev /Exp.
$ 8,040,963
405,000
229,000
50,500
563,556
563,556
1,500,000
300,000
1,000,000
770,000
79,108
25,840
$ 13,527,523
$ 3,941,315
400,000
200,000
50,500
550,000
550,000
1,500,000
300,000
1,000,000
555,000
70,525
$ 9,117,340
$ 123,094
46,917
54,975
99,253
99,253
16,549
737
57,986
$ 498,764
$ 199,457
16,549
2,800
$ 4,021,621
266,374
137,596
382,385
382,385
16,549
200,860
57,986
$ 5,465,756
$ 431,177
16,549
2,800
16,549 16,549
4,900
538
3,219 42,150
669
$ 238,574 $ 515,332 $
Unrealized
Rev /Exp.
$ 4,019,342
138,626
91,404
50,500
181,171
181,171
1,483,451
300,000
1,000,000
569,140
21,122
25,840
$ 8,061,767
$ 3,510,138
383,451
197,200
50,500
550,000
550,000
1,483,451
295,100
1,000,000
554,462
28,375
(669)
8,602,008
Percent
Realized
50.01%
65.77
60.09
67.85
67.85
1.10
26.09
73.30
40.40%
10.94%
4.14
1.40
1.10
1.63
0.10
59.77
5.65%
Siokane
4 ,Valley
PUBLIC WORKS DEPARTMENT
MONTHLY REPORT
Through October 16, 2003
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 Proiects:
• Barker Road widening project and the 24 Avenue Sidewalk project reviewed by
TIB staff. 716 Board meets in November to select projects for funding.
• Barker Road Bridge Replacement: The Bride Replacement Advisory
Committee (BRAC) meets October 15 & 16 to select projects to fund.
• Staff attended seminars on Purchasing, Bidding, and Contracts from MRSC and
capital projects funding from Public Works Trust Fund, DOE, and DOH.
• Working with Spokane County on finalizing designs of 16 Avenue — Dishman-
Mica to SR -27 (Pines) and Park Road 8th Avenue to Appleway.
• See attached 2003 -2004 Construction Projects report.
Maintenance Activity:
• Pavement remove & replace projects are completed at Adams, Montgomery,
• Widening of Woodruff @ Knox to accommodate 3 lanes and improve traffic flow
• Crack sealing by County crews on University and Dishman Mica completed,
contracted work on Sprague & Euclid done.
• Approximately 16 tons of material used for pothole patching and repairs.
• Fall sweeping schedule has begun on arterials, with residential streets beginning
when the leaves are off.
• Approximately 138 utility cut (Right of Way) permits issued for month.
• Painted islands placed at 28 & Guthrie to channelize traffic and enhance safety.
Land Development
• Applications Reviewed /Conditions Prepared:
Commercial Projects - 7, Residential Projects - 4
• Road and Drainage Plan Review:
Commercial - 2, Residential - 2
• Meetings with Developers and Applications Reviewed:
Commercial — 1, Residential - 1
• City of Spokane Valley Development Projects - 1
Spokane
Valley
2003 PROJECTS
Road Construction Projects
16th Avenue - Project 1
Mission Avenue
Evergreen Road
Road Design Projects
16th Avenue - Project 2
Park Road • Project 2
Sower Construction Projects
Harrington
Hillview Acres
Pinecrott/Mansfield
South Green Acres - Phase 1
Small Works Projects
Steen Rd, & 4111 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
Pines/Mansfield
24th Avenue Sidewalk Project
Sullivan Road & 4th Ave. Signal
Sewer Projects
Carnahan
W eatnerwood
Sipple
Owens
Veradate
Statewide Transportation Plan (STIP)
Transportation Improvement Board (1'18)
Bridge Replacement Advisory Committee (BRAG)
2003 -04 Construction Projects-10-16-03
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.
Capital Improvement Projects
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 (see note 1)
4th to Bridge, Steen to Flora
35th Ave. to 37th Ave,
University to Sullivan
16th to Dishman -Mica (see note 2)
Sullivan to Flora
Naoes' 1. Conetnic ian schecJea for 2004.
2 County Maintenance prcioci
Project Location
8th Ave. to 2nd Ave.
Dishman -Mica to SR 27
Wilbur Rd, to Pines Rd., Pines to 190
Bowdish to Pines
Sullivan & 491
Road Design Projects
Barker Road Reconstruction Boone to Barker Rd. Bridge
Barker Road Bridge Replacement Barker Rd. al Spokane River (BRAC decision mtg. Oct. 15&16)
1 -90 to 81h. Havanna to Eastern
McDonald to Mamer. Mission to Mallon
Dalton to Rutter, Bradley lo Vista
Vercler to Marner, 1 -90 to Boone
Calvin to Sommer, Springfield to Main
Completion Complete Total Project
Date Cost
1- Oct -03 99% $ 4,064,630
15- Nov -03 85% $ 2,423,535
9 -Jul -04 5% $ 2,787,000
3- Mar -04 90% $ 1,244,550
3- Mar -04 50% $ 1,654,000
10 -0d -03 99% $ 3,159,000
17 -Oct-03 95% $ 2,542,000
17 -Oct-03 85% $ 373,000
31- Jul-04 0% $ 337,550
12 -Sep -03 100% $ 25,190
26 -Sep -03 100% $ 21,324
30- Sep-03 100% $ 38,592
20- Sep-03 100%
15- Oct -03 100% $ 8,648
Total S 18,679,019
Complete Total Project
Cost
$ 782,000
$ 1,932,000
$ 675,000
$ 197,300
PE S 165,000
Total
5 2,998,200
$ 8,057,615
$ 2,459,000
$ 3,265,000
5 2,773,000
S 424,000
S 2,701,000
$ 26,429,115
Department of Community Development
Report for the Month of September, 2003
CURRENT PLANNING PROJECTS
As of September 30, 2003
'These figures take into account the balance or projects In process on 8131103. plus projects opened in 9/03, minus projects completed in 9103
Page 1 of 3
Projects Opened
Quarterly Totals
Projects
Completed
Projects
In Process'
Type of Project
July
Lots 1
August
Lots
Sept.
Lots
Projects
Lots
Administrative Exceptions
3
3
3
0
Administrative Interpretation
0
0
0
0
0
0
Administrative Variance
8
2
1
11
1
0
Adult Entertainment Permits
3
6
8
17
6
0
Home Profession
1
0
0
1
1
0
Certificate of Exemption
7
10
22
47
17
43
46
100
17
0
Commercial Business Permit
11
11
5
27
4
16
Conditional Use Permits
0
0
1
1
0
3
Temporary Use PermitlRel
0
0
1
1
0
1
Preliminary Regular Plat
0
0
0
0
1
1
0
0
4
Final Regular Plat
0
0
0
0
1
1
0
1
6
Preliminary Reg Plat w /PUD
0
0
0
0
0
0
0
0
4
Final Reg Plat w /PUD
0
0
0
0
0
0
0
0
0
Preliminary Short Plat
1
2
0
0
3
3
4
5
0
12
Final Short Plat
0
0
0
0
0
0
0
0
1
Preliminary Binding Site Plan
0
0
2
42
1
3
42
0
4
Final Binding Site Plan
0
0
0
0
0
0
0
0
0
Variances
1
0
0
1
0
1
Zone Reclassification
0
1
3
4
0
12
TOTALS
32
12
44
89
45
46
121
147
33
64
Department of Community Development
Report for the Month of September, 2003
CURRENT PLANNING PROJECTS
As of September 30, 2003
'These figures take into account the balance or projects In process on 8131103. plus projects opened in 9/03, minus projects completed in 9103
Page 1 of 3
Project
April • June
July - Sept
Total 2003
Solid Waste
49
40
89
Growth Management Grant
514.855 00
54.952 00
$19.807 00
County Permit Transfers'
513,732.25
$0 00
$13,732 25
Map Sales
5814.55
5505.20
51,319.75
Comprehensive Plan Amendments
53,513.00
$0 00
$3,513 00
Pre - Application Conference Fees
$122 00
$61 00
5183 00
Rezones
54,861 00
57.983 00
512.844.00
Conditional Use Permits
50 00
$683.00
5683 00
Preliminary Short Subdivisions
53,286.00
51,622.00
$4.908.00
Short Subdivisions
52,816.00
51.106 00
53.922.00
Preliminary Subdivision
50 00
53,575 00
53,575.00
Final Subdivisions
$1,170.00
$820.00
51,990.00
Preliminary Binding Site Plan
50 00
54,744.00
54,744.00
Certificate of Exemptions
$2,979 00
54,475 00
57,454 00
Change of Conditions
51,500 00
50 00
51,500.00
Administrative Vanance
50 00
5300 00
5300.00
SEPA Administration
52,275.00
5900.00
53,175.00
Planned Unit Development (PUD)
50 00
5150 00
5150 00
Sign Review
50.00
5600.00
5600.00
Horne Profession Application Fees
S80.00
$0.00
580.00
Adult Entertainment licenses
51,650 00
51.900.00
53.550.00
TOTALS
553,653.80
534,376.20
588,030.00
Type of Complaint
April -Jun*
July -Sept
Total 2003
Solid Waste
49
40
89
Junk Auto
55
70
125
Nuisance
47
38
85
Animal
16
27
43
Illegal Business
14
7
21
Signs
4
54
58
Illegal RV
8
9
17
Property
7
6
13
Transferred from County
273
0
273
TOTAL COMPLAINTS
473
251
724
PLANNING REVENUE AND GRANT INCOME - As of September 30, 2003
'This figure rs presently showing as an Accounts Receivable. and was recently requested Iran the County
CODE ENFORCEMENT SUMMARY - As of September 30, 2003
Inspection Type
April -June 1 July - Sept
Total 2003
Residential Inspections
(Combined)
634
698
(Combined)
1,728
Commercial Inspections
396
Plumbing Inspection
357
452
809
Mechanical Inspection
265
452
717
Special Inspection
22
46
68
TOTAL INSPECTIONS
1,278
2.044
3,322
BUILDING PERMITS & REVENUE COLLECTED - As of September 30, 2003
BUILDING INSPECTIONS - As of September 30, 2003
April -June Totals
July- September Totals
Annual Totals - FY 2003
Permits Issued
Perils j Revenue 4
Permits I Revenue
Permits 1 Revenue
Building Permits:
Residential
275
269
544
Commercial
46
-
40
86
Totals:_
321
1120,076.29 _
309
$169,098.02
630
1289,174.31
Plumbing Permits
138
513,953.00
97
112,717.50
235
126,670.50
Mechanical Permits
215
516,788.00
238
$19,765.00
453
136,553.00
Grading Permits
1
198.00
1
125.00
2
$123.00
Demolition Permits
4
1110.00
222
1649.00
226
1759.00
Fireworks Permits
2
$200.00
2
1100.00
4
1300.00
Sign Permits
25
25
50
$0.00
Miscellaneous Permits
8
$4,369.08
30
$2,914.00
38
17,283.08
UFC Permit Fee
155.00
1
11,002.34
1
11,057.34
Fire Alarm Install
2
1
3
10.00
Sprinkler Install
2
11
13
$0.00
Plans Check Fee
146,980.40
159,129.77
0
1106,110.17
Energy Plan Check Fee
1962.78
0
$962.78
Fire Department Check Plan Fee
1301.32
1320.56
0
1621.88
Sprinkler Plans Check Fee
11,105.90
0
11,105.90
F.A. Plan Check Fee
110.00
,
$366.37
0
$376.37
Special Inspections
1353.00
146.00
0 1399.00
PERMIT TOTALS
718
1204,256.87
937
$267.239.46
1,6551 $471,496.33
BUILDING PERMITS & REVENUE COLLECTED - As of September 30, 2003
BUILDING INSPECTIONS - As of September 30, 2003
Stiokane
Walley
Memorandum
To: Dave Mercier, City Manager and Members of City Council
From: Tom Scholtens, Spokane Valley Building Official
Date: 10120/2003 9:28 AM
Re: September Building Division Report
11707 E Sprague Ave Suite 106 • Spokane Valley WA 99206
509.921.1000 • Fax: 509.921.1008 • cityhall @spokanevalley.org
September continued to be a very active month for the Building Division. Our
inspectors averaged over 33 inspections a day throughout the month,
accomplishing 706 inspections during September. This month's number of
inspections represents a service demand about 40% above expectations. If this
level of services demand persists month after month, staff will consider
additional methods of coping with the workload.
The Permit Center issued 306 permits in September bringing our total number
of permits to 842. We issued 28 new single family residential permits and 12
manufactured dwelling permits last month. That is a substantial increase from
our permit sales thus far this year. September's single family permit sales
represent 63% of the total single family permits and the manufactured home
permit sales represent over 54% for that yearly total.
The fiscal result of this activity was income of $100,720.92, bringing our yearly
total income to $471,496.33.
The Code Enforcement Officer is extremely busy. We have been very active
with sorting out improper development in Chester Creek floodplain, reported
illegal commercial uses in residential neighborhoods, and pursuing substandard
dwelling and dangerous building complaints. With the advent of the new city
ordinances concerning code /nuisance enforcement, we have worked with the
Planning Division and the Deputy City Attorney to develop forms and notices
that will bring a standardized enforcement program to ordinance
implementation.
With the increased workload in both Code Enforcement and Building Division
the continued development of our Strategic Plan has been slowed. That plan
will be in draft form by the end of October.
Stiokane �
4/
Memorandum
To: Dave Mercier, City Manager and Members of Council
From: Mike Jackson, Parks and Recreation Director hA
/! i
Date: October 16, 2003
Re: October Monthly Report
11707 E Sprague Ave Suite 106 • Spokane Valley WA 99206
509.921.1000 • Fax: 509.921.1008 • cityhall @spokanevalley.org
Administration:
• The Parks and Recreation Department prepared the 2004 Budget.
• I attended a number of meetings which included:
o Meeting with Nina Regor and Ken Thompson on the 2004 Budget.
o Mayor DeVleming and I attended a Senior Center Association meeting.
We discussed a number of issues concerning operations at the current
facility. There was also discussion of future operations at the new
CenterPlace facility.
o Meeting with Deputy City Manager Nina Regor, Attorney Mike Ormsby
and with Spokane Community College representatives.
o Meeting with the Mirabeau Meadows architect.The contractor is putting
the finishing touches on the park.
o Attended a MPI meeting with Ken Thompson and Nina Rigor at the
Joumal of Business in regards to Mirabeau Point Park.
o Informal meeting with Bill Grimes of Studio Cascade Inc. in regards to the
future City of Spokane Valley Parks and Recreation Master Plan.
• Also attended the Purchasing, Bidding, and Contract Management seminar.
Administrative Assistant Peggy Conklin also attended.
• There were a total of 106 park reservations for the year. The parks restrooms
will be closed soon. No more reservations can be taken for 2003.
• There have been many requests for reserving park shelters and the horse aena
now for the 2004 year.
• Peggy Conklin is busy working on organizing the office filing system.
• The entire department has been working together to draft operating and
accounting procedures for the recreation programs.. Included are approval
processes for new and ongoing programs, and a spreadsheet that will reflect the
costs associated with each program.
• Program registrations are continually being taken at the office.
Contracted Park Maintenance
• The maintenance crew filled in the holes at Valley MissionPark and Sullivan
Park.
• The weeds were removed from the volleyball court at Brown's Park.
• Many tables were moved to specific park shelters to accommodate the
reservations.
• The maintenance crew finished aerating the turf at the Valley parks.
• The broken decking at Mirabeau Springs was repaired.
• The maintenance crew finished painting the Sullivan Shelter.
• There were two broken tables at Brown's Park that were picked up.
• The maintenance crew repaired the broken water line in the swale at Valley
Mission Park.
• The broken fence on the west side of Valley Mission Park was repaired.
• The maintenance crew repaired a plumbing leak in the men's restroom at
Sullivan Park.
• The maintenance crew has started bringing in cans and tables for winter repairs.
Senior Center.
• We honored our volunteers, with an afternoon of refreshments and introducing
each one and asking them to tell in what capacity they served the center. We had
26 volunteers attend out of about 60. We gave them all certificates and let them
visit.
• We took part in Valley Fest
• The Center hosted two big events Big Daddy Crabb 60's & 70's music played.
• We hosted a murder mystery dinner, served roast beef, garlic potatoes, and a
wonderful dessert from Harvard Park. Over 100 people were in attendance.
• In September we listed 16 new members in our newsletter, and in October we
had 23 new members.
• The Center has received 9 applications from interested people to run for the
board. There are four vacant positions to be filled. The nominees will be
introduced at the November General Meeting and voting will take place at the
Center December 8-12, 2003. The new folks will be installed in January.
• A Red Hat Society has begun to meet the third Thursday of each month. The
ladies number 9 so far, they have lunch and then stay b play cards or visit. In the
future, we hope to help them plan trips and have them dress in their purple and
red hats. They have lots of fun.
• Day trips included trips to Two Rivers Casino, Chewelah and Northern Quest.
Each time the van was full with 17 passengers + driver.
• The Center is sponsoring an Ozark Country Christmas in Wenatchee during
December, it is a joint effort with Spokane Senior Centers, and we have 5 from
the Valley for this ovemight tour.
• The annual Fall Craft Fair was held on Saturday, Q tober 11 25 crafters rented
tables, lunch was served and at least 200 -250 people came through the Center.
• Monday, the 13 of October the Spokane county Regional Health District offered
flu shots at the Center, 527 people were served.
2
• Upon opening the Senior Center on October 16, a water leak was discovered in
the upstairs restroom. A substantial amount of water had leaked through the
ceiling tiles to the basement_ The senior center was closed upon
recommendation of the Parks and Recreation Director. At this writing, it is
unknown how long the cleanup /repairs will take.
Recreation:
• Continuing to take tall registrations and coordinate fall programs
• Drafting standard procedures for new volunteers, new hires, and contract
instructors.
• Working on job classifications for seasonal positions.
• Working on establishing hiring and performance criteria forseasonal positions
and creating interview questions and evaluation forms.
• Prepared initial cost evaluation for fall 03 and summer 03 programs, comparing
revenues to direct and indirect costs,
• Working on analysis of individual programs to help determine which to
recommend to keep, drop, change, or add.
• Developing program requests for spring 2004, pending approval byParks and
Recreation Director, City Manager and City Council,
• Met with Senior Center to discuss partnerships for spring programming
• Continuing to represent Parks Department on City website committee
• Met with Westem Dance Hall personnel to continue discussing storage issues,
heating bills, and hall maintenance.
• Met with Centennial Middle SchooL They discussed the addition of a new
baseball field on their property and are seeking for that project
• Program breakdown:
• Teen night — still getting kids who really enjoy the program, but the
problem is that the program occurs every OTHER week rather than
weekly (due to gyre space issues), so kids are not gWtting into a pattern of
corning_
• special needs night — not well attended, but continuing to try to market
directly to proper sources— program - specific flyers recently went out to all
special ed teachers in the valley with enough to send homewith their kids.
• computer classes— classes filling up (some full), some have started,
positive feedback, more sign -ups, added mid -day classes to
accommodate seniors
preschool — opened another session— going very well, parents happy
• indoor playground— continuing to take late registrations— going very well
• youth tennis — added an additional youth class due to long waiting list —
going very well — almost done
• teen tennis — going very well — almost done
• S kyhawks — going very welt — almost done
• Indoor walking — not getting much interest, will probably cancel
• Dance — classes going well — registration is closed.
Western Dance for kids — class just started.
3
TO: Dave Mercier City Manager
FROM: Cal - Walker, Chief of Police
DATE: October 10, 2003
RE: Monthly Report September 2003
i'IEi\tO
Attached is this month's activity report within the Spokane Valley Police Department. As a
reminder, the following list is representative of the particular listed crimes and the volume
associated with each type of crime. It does not include case resolution or clearance rates. To
assist the council in understanding the format of the statistical information, we once again start
with a total of 5,543 computer -aided dispatch (CAD) incidents. These are self- initiated officer
contacts, as well as calls for service. Out of those 5,543 incidents, 1,595 actual reports were
taken during the month of September. Attached is the breakdown describing those incidents.
Additionally, there were 1,716 traffic stops conducted that resulted in 259 traffic reports. Once
again l: have included hotspot maps for September commercial burglaries, residential burglaries,
vehicle prowlings, and vehicle accidents.
ADMINISTRATIVE
• Deputy City Manager Nina Regor and 1 are down to the last few details on finalizing the
emergency management contract services.
• Work is continuing on the purchase /lease options for the Spokane Valley Precinct
building.
• Staffing levels changed slightly in September. Administrative Assistant Sharon Jones has
now joined our staff She is assigned as Administrative Assistant to the Chief's Office,
and will be gearing up to support the daily operations of our agency.
• During the month of September, Spokane County changed the organizational accounting
methods that were used to previously report our current standing at budget. With those
changes scheduled to be completed in early October, we will have some new
methodology to report the current status. All that said, the anticipated status of our
budget at this writing gives every indication that we are at previously- projected
expenditures. There are still concerns with fuel costs, but there have been some off-
setting savings that will help as we finish off the year.
September 2003 Monthly Report
Page2
OPERATIONAL
CW;pj I
• We continue to add more of the newly marked Spokane Valley Police vehicles. Four of
them have hit the streets during the month of September.
• We have met with our patrol officers and discussed the initial assessment on the new 12-
hour shifts. An overwhelming majority appear to be happy with them, but there are
issues that yet need to be addressed as to the longevity of our personnel working these
long, extended hours.
COMMUNITY- ORIENTED POLICING
• September 23, 2003, the Spokane Valley Police Department participated in a banquet
recognizing all the faithful volunteers who participate in SCOPE (Sheriff's Community
Oriented Policing Effort), SIRT (Sheriff's incident Response Team), CERT (Citizens
Emergency Response Team), and Neighborhood Watch. It was a great event, and a good
way to show a slight bit of appreciation to those dedicated servants to our community.
Additionally at this banquet, the administrator of SCOPE, Bonnie Abernathy, presented
to the Spokane Valley Police Department a plaque of appreciation to be forwarded to the
Spokane Valley City Council.
Cal Walker, Chief of Police
BURGLARY
65
FORGERY
46
MALICIOUS MISCHIEF
100
NON - CRIMINAL •
75
PROPERTY OTHER
126
RECOVERED VEHICLES
14
STOLEN VEHICLES
30
THEFT
201
UIOBC
3
VEHICLE OTHER
2
VEHICLE PROWLING
98
TOTAL PROPERTY CRIMES
760
ASSAULT
78
DOA /SUICIDE
22
DOMESTIC VIOLENCE
51
HOMICIDE
0
KIDNAP
0
MENTAL
52
MP
15
PERSONS OTHER
166
ROBBERY
9
TELEPHONE HARASSMENT
11
TOTAL MAJOR CRIMES
404
ADULT RAPE
5
CHILD ABUSE
8
CUSTODIAL INTERFERENCE
15
SEX REGISTRATION F
1
INDECENT LIBERTIES
1.
CHILD MOLESTATION
3
CHILD RAPE
4
RUNAWAY
33
SEX OTHER
15
STALKING
•
1
SUSPIC[OUS PERSON
32
TOTAL SEX CRIMES
118
DRUG
54
I:SU OTHER
0
TOTAL ISU
54
TOTAL. TRAFFIC REPORTS
259
TOTAL REPORTS RECEIVED
1 595
2003 SEPTEMBER CRIME REPORTS
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=Lbw
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Map Produced 9 Wooer 2.003
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September 2003
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p
ber '003
Spokane Valley Fire Department
2003 incident Response Information
For
INCIDENT TYPE
Year to Date
Jan
Feb
March
April IMay
June
July
August
Sept
Oct
Nov
Dec
11 -S Structure Fire Single Response
186
20
13
22
18
21
19
28
25
20
11 -F Structure Fire
75
8
5
8
12
10
6
17
5
4
11 -W Working Fire
16
3
1
1
2
0
4
2
1
2
13 -S Vehicle Fire
86
6
6
8
7
7
14
12
15
11
14 -UH Brush Fire -Low
105
3
5
9
3
10
15
31
18
11
15 -S Trash Fire
15
0
0
2
3
1
1
2
3
3
18 -S Alarm S stem - Single Response
54
7
4
6
7
5
5
7
8
5
18 -F Alarm System- Full
256
28
30
29
21
20
25
44
29
30
31 -NB BLS EMS Alarm
1665
159
148
168
138
210
209
208
229
196
31 -CID ALS EMS Alarm
2105
203
205
259
237
247
247
215
235
257
31 -F 2nd alarm EMSIMass Casualty
0
0
0
0
0
0
0
0
0
0
35 -F Extrication
10
1
1
0
1
3
1
1
2
0
36 -F Water Rescue
1
0
0
0
0
0
0
1
0
0
37 -F Tech Rescue
0
0
0
0
0
0
0
0
0
0
40 -1 Hazmat Investigation
62
3
4
6
9
2
8
8
17
5
40 -F Hazmat Full Response
7
0
0
1
0
3
0
0
0
3
46 -AIB Auto Accident - Unknown Injuries
397
41
35
30
48
47
43
55
51
47
46 -CID Auto Accident - Life Threats
61
6
2
4
7
9
3
10
8
12
50 -S Service CaII
86
4
13
6
6
3
12
23
10
9
MONTHLY TOTAL
5187
492
472
559
519
598
612
664
658
615
SpokaneValley Fire Department
2003 Response Information
For
City of Spokane Valley
CO, of spwlnnc va$y
Spokane County Fire Protection District #1
2003 Response Information
To10/- Spokane Ile Pmloam alsbtel 01
INCIDENT TYPE
Spokane Valley
Fire Department
Jan - September
2003 Year to Date
11 -S /F
Structure Fire Single Response
Working Fire
297
21
11 -W
13 -S
13 -S Vehicle Fire
109
14 -LIH
Brush Fire
158
15 -S
Trash Fire
18
18 -SIF
Alarm System
361
31 -AIB
EMS Alarm EMT
1870
31 -CID
EMS Alarm Paramedic
2395
31 -F
2nd alarm EMS /Mass Casualty
Extrication
0
12
35 -F
36 -F
Water Rescue
2
37 -F
Tech Rescue
0
40 -1
Hazmat Investigation
71
40 -F
Hazmat Full Response
12
46 -A /B
Auto Accident - Unknown Injuries
461
46 -CID
Auto Accident - Life Threats
73
50 -S
Service Cali
99
Total
5959
Spokane County Fire Protection District #1
2003 Response Information
To10/- Spokane Ile Pmloam alsbtel 01