2005, 02-08 Regular Meeting
C + , ~
AGFNDA
SPnK:kh E. Val.LEl' CITY COt1NCIL
1tEC;C1LAt2N'[I;ETING #60
Iur,sday, FrbruAn R, 2005 6:00 p.m.
(.'1T1' NALL AT RF'DWOOU YLA7_A
11"0'' Eust SprsLruc ,1vrnuc. First FIt►c,r
Cuunal KeqursP. All Elrrtrnnic Ilciire. Irr urnrd (-fCf [)urinfi Council 'LleetinL
CALL TO ORDf:R
IVX'[)CAT1C)N: !':ititui h'lanucl [h-nnint:, F;.-ut~t.in \1ini~!nc,
I'LEUGF_ C)F ALLF(+IANCE
RnLi.. CAt.I.
.U'PNOVAI_ OP AGEti'DA
lti'1`ltOlll!CI'IUN OF SPF,ClAI. Gt'Fti"1 S A1 U 1'RESENTATi()NS
C()11NitT1'EE, I30AItD, LLA15UN SI?NiMARYRF-TOR'Tti
1%IAV"0R'S REPURT:
P[IBL{C CUrLM.E:1TS I ur rnemt,cr, ,,t tiic E'uhli~ to "rci}: t.- tiie tiO'fun
tbe Agendp. Pleasc statr your name and addre.ss t-or tiic rrc;rd:tnd iit!►:t rcizL!rl.' to i1irc;r 1111nute".
l. CONSENT AGC!YDa Consists of iterns cansidrrc.t r.utirtr «hi_1~ vr ,s~~~rr~.c::1 t;r~~u~•.
Caunci{mrmber may retnovr an itEm frcTm the Con:,rnt Agenda to hc considered sersruteiy.
i Nate: Couacll mav eatertAin A motion to waive reading And nppruvc Coasent .Agcncl:t.►
n. Appmval af Reguiar Council Stcr.ting!1linutes af Jmiuar-N <<. _,o0ti
b. Approval of Payroll of January 31.2005 f 51 31,
C Apprrnal at'thz rollowing Voucher>
VOUC'NER Ll;CT VOUCE-IER 101 AI
(7A'1'I: Number(s) VUUCHFIt
ANIO11NT
' Oi ?1-0i 6192-6218 51,334.56
O! -28a05 6220-6245 443,956.63
iiRAtil7 '1'01'41.
NEN' BlIti[NE55
I~irsi Rcadin~ Pron+_:ct1 C)rdiiuui:.c U~_Ui19 Amcnding Criminal t'.~dr 4,r~;,i,; ~ CaryDrisl:cll
Ipuhlic rommrntl
First Ftcacfi»g E'rnposcd Ordinartcc 05-010 Creating AsseRSment Reimbursement Area - Cnn I)rnt,cl I
ipuhlic cammeatJ
.1. I'ropc?krd Rrsulutiori 05-042 Wnshington Lronoiaic Drvclapmcat Financr Autharity - DavcMerc;er
(puUllc commcnti
5. Mutinn Consideration: f'inca!Mnnsficld Drvelopment Agrecment(s) - Ncil Kcrsten lpublic cumment I
6. %lnticin Considcrntion: Loca) Agcncy Afircemcnt and Fadcral Aid Projrct Prospcc!u,
StVVe W,IrIr'. Neil Krrstcn [publie rolrnmt•nt)
7 \{0i11n ( un5idcratiou. :'1ppointmcnl ftcc:miincndutions
a. Csble Advison+ Cumniittce ipublic commenli
is, Sc►lid Wasic Advisor), [3oard (public commcatl
c. Li.idging "1-az .Advisory Cammiitcx [public cummeat)
PLBLJC CON1'VIENTS Far mambers of dw Public tu speak w tlic Cauncil resarding mattcrs NUT oe
the Agencln P{c ixc ,tatr yow namc and uddrrss for the recotd nnd limit remnrks tu thcec mInutcts.
ADN1IN1STitAT1VE RF:PORTS: [na pcihiic comment]
8. Mternstivcs to lncarccration - C'ary Driskel)
liitroductiun Discuysioii of Aimexation into Spol►ane Counry Libran• District - Ninn Rcgnr'
MnrgFtn Kaudelka
! +Y i ►Fficc Spacc Considerations - Nina Regot
f'~TnRMATiON ONLY: (nu public commcntJ
I)ra(t Frhruarti, I? Cnunril Rctreat A2enJa
vOO-;v 15 ff'urk Plcnr Revlew
( Ipdated Finartclal Farecatu
Sraping Plan
Drqft BuJget Calaitdcr
11) 11- 10: 3r) Snat:k BreuJc
1f). 30 -11: Ofl Strulr~gic• Plunnlng - L.indo C)ierr af "Business Pcrtlcr "
r 1 rtfi 1'00 fJraitcstor»iing ("'QUncilRoalsipmjcct lislJar 1006
Council Mceiing Jllaugc•mrrrt
l: 190 1= . 31) Luitch Break
: 2:30- 1:30 .hluncrgt,-d Campetiticm
Pijbtic lnfnrmatian Qfficer
1.30 3(.1 I.kfiltillg H•Irat is memr► bi' lJte term "bccsiness jriendly"
G4fning m-lrut is nrrunt by the term "rustamer servrce" cu u prelwk ro cfestgrring
a rutlc>mr.r scnic•e prngram
_?0- 1 00 1 EtlSjlllJtit iS.SJli'.5'
ADJOURNMLNT
FL7Z RE SCIIEDI LL•'
Re;; ular ('orrncll.M1lte1InXs ate generol/y hcld 2nd and I* Tuesda}•s, hrginiilng ru h: 0II p.m.
Cr>unei! S1u~h' S'e•.~.~r~urs uri- gentiu/!l ht•!r! 3`4 irai! ?Nt Tuesrleiti-c. Ge•giiuiing a1 b: 0(1 P.m.
Utlrc-r 7'erirnJis•r t'pranring hfeeting-s.. E►-eirts:
Fctwunr} I2,2005 - Fialf-Day CounciL~Stnff kcu-c:st, 9 a.m. -.i p_m.
March I,'OUS - Frerdninn. Tung 8: Botcomlrv Meciing (time to be annaunced)
\larch 11 -I5. 2005 - Congressior►a) City Cvnfercnco, WAShingtan, D.C.
March 15.2005- Na Cauncil Ntceting or Study Scssion
Ati:il 14, 2005 -Conversution wiih thcCommunity. S p.m. Pratt Elemrntar}-, 6903 E 4'h Avr
lune 11,2005 -Mid-YCAI CCIUII(:It, Swff Rctrtat, 9 aan, - noan
`'ki1'ICT:: lndividoals planning tn ancnQ the rtucting who rrquirr spxW Rssistancc to acrammodasc physirnl, tenring, or uthcr
impairmrnts, plesst rnntact the City Clcrk ul (504) 7:1-I000 us snnts 4s pussiblr so tRal ananb►smrntf mpv he mprk_
I~AgC2 L111
Draft
,
- l~ltl~ U7'LS _
City of Spokanc Valley
Cily Council Regular Meeting
Tuesday, J9[lll8['y 25, 2005
Mayor Wilhite called the meeting to order at 6:00 p.m., and welcomed everyone to the 59'h meeting.
Attend(iilce:
Councilmembers: Staff:
Diana VVilhite., biayor T)ave Ylercier, Cit), Managcr
Rich Munson,l7eputy Mayour Cary Driskell, Deputy City Attorncy
Gary Schimmels, Councilmember Ken I'hompson, Finance Direciar
Nlike Flanigan, Councilmember Marina Sukup, Community Development Director
Ricli Munson. Deputy Mayour Neil Kersten, Public Works Director
Gary Schimmels, Councilmember A1ike Jackson, Parks and Recreation Director
Cal Walkcr, Policc Chicf
.Ahsent: Torn Scholtens, I3uilding Off' ic.ial
Steve'Caylor, Couneilmember Scott Kuhtii, Long Range Planner
Greg vlcCorrnick, Loiig Range Planning tilanager
Sue Pearson, Deputy City Clerh
Chris [3ainbridge, Cin' Clerk
li\iVOCATION: Yastor nl Hulcen, from Valley Assembly of Goc1 gave the invocation.
PLLUGE UF ALLEGIA~vCE: RTaynr Wilhite led the Pledge of Allegiance
F20T,:1:: CALL
It ►vus nrovECl ki, .Deputy Alayor :1lunson und sECUrrclecl by Catorcilnaeinber F1ai-ligrnr to excuse
Cocanciliriem$er Tuyla• from tonight's nreeting. Vote bJj Acclamution: In Fuvvr: Unariimotas. Opposed.•
Na1e. AUstet7tioirs.' None. Motion carried. City Clerk 13ainbridge called the roll; all present except
excused Counc•ilmeiiiber'I'aylor.
A.NYROVA_L O.1? AGTINUA
City Manager &lercier brought attention to the added items on tonight's amended agenda: New Business
items 3a, 7a, ancl 12. It ivas ntu»ed by Coamcilnrembe.r Dener»ty and secnnded byDeputy Muyor 1tlurrson
ro a,vprove the air,errded agenda. Ilote by Acclcrination: I►r I'cxvar: Utrrnrinrous. 01)1)osed.• Nare,
.Absrenric„1s: Nune. A9vtion carriecl.
INTRODUCTION OF SPECTAL CiJF.STS AN17 T'1tESk.NTAT1()NS Mayor Wilhite acknowledged scouts from Boy Scout Troop 404 snd Troop 423, and stated the Counc.il's
appreciation in having ihem attend t:he mceting.
COlTi1'II1 lEE, BOAIZU, I.IAISON SUM'*-1ARY RE.P()RTS
CoLincilmembcr Schimmels: repofled chat he attended the Spokane Regional Transportation Committec
meetin~ a fe~<< iareel:s ago; and also attendecl the Central Valle~~ ~'Jeed anc! Secc1 Committee which is
cqnsidering re-organizing.
Deputy, Mayor Munson: stated t:hat he attended the Spokane 'l'ransit Authority Board of Uirectors mce[ing
last `Chiu•sday where they approved six new Iarger busses equipped with reading lights and luggage racks
for those passe.ngers travelino longcr dislanees; dhat last week he attctided [he "Conversation witli 1.he
Cornmunity_ " and Nvas pleased with tlic levcl of participation and etitliusia5tie comments front the
Coiincil Meeting: 01-25-05 Page 1 of9
rlpprovcd by Counr.il:
17rafc
audicnce; and he addcd that this week he received a telephone call from a citizen expressing thanks for
what we are doino and he encouraged all Councilmembers to comc to his office to hear the positive
messace. ~
Councilmernber 17eVleminQ: explained that last xveek he attendcd the Community Production Awards
luncheon at the Davcnport; he also attended a Weed and Secd Meeting, hvo Washington State University
13oard meetings downtowm; and that he gave a presentntion to the students at rast Valley V9iddle School
lasc wECk.
Councilmcmber Denennv: reported dlat he aCtended a meeting wilh the Fxecutive Tairector and other
Board of DirE;ctors on the Kegional 14ealtll District, and they also conducted an executive meelirig to
review the general aSendas and focus for lhe coming year; thac he attended and chaired the first S'[`A
meeting for the year where they discussed the actual operation of thc cxtension qf paratransits, and where
they collabarated with others to eome to a solution which will hopefully accommodate the needs of the
paratransi[ riders.
Councilmember Flanigan: stated thal he was the scorekeeper and announeer for a f'our-way gymnasties
meet at U-High where U-High cook sccond place; he servetl as a judge for tlie debate tournament at Lewis
& Clark; he artendecl last week's Conversation wit,h the Community; and also attended the Spokane
Valley Chamber Awards Banquet where our the City's 1=irst Alayor, Ivfike DeVleming was presentecl with
the Citizen of the Year Award.
`'IAl'O1Z'S *REPORT:
iMayor Wilhite reported thaC during the past week she attended thc Spokane Valley Arts Council meeting;
she gave a presentation at the Spokane Valley Library in connection with their 50'b anniversary; she
attenc3ed tiie Northwest Mayor's meeking at Liberty Lake; actendecl a Comcast facility tour; a farewell
reception for former CaunCy Commissioner McCaslin; attendctl thc Valley Chamber banquet where, '
Councilmember lleVleming was awarded Citizen o1' the Year; attended the Conversation with the ~
Community; and was also present at a Spokane Valley Tourism meeting. '
PUBLIC COAUMFNTS Mayor Wilhite invitecl public comments.
Tony l,,azanis, mentioned the recent fucl spill at a Burlington Nortliern & Santa Fe Railway Company
facility and thac Spokane City Council supported a resolution for an independent anllysis of the cleanup
as well as the engineering of che faciliry; and he encouraged the City of Spokane Valley to do the same.
vlayqr Wilhite indicaied she would take Che matter under advisement. ~
1. PUBLI.C k1EAR. TNG: FinestMansficld l)evelpnment Aereements -Neil Kersten
Mayor Wilhite opened Uie public hearing at 6:15 p.m. After Msyor Wilhite gave a brief synopsis of the
project, she mentioned that in the spirit of open disclosure, she asked esich member of Council tn inCorm
the qublic of any contaets they inay have had in connection with this topic; and sta[ec! that she was an
observer of a discussion between Mx. Wayne Frost and Ms. Julie Prrill:e regarding the Pines/Vtansfeld
area; that she did not join thc discussion but merely observed. Councilmcmber Sc;hitnrriels said i:hai he
spoke wich MeD Arpin of Arpin Law Offce, [hat he also spoke to a principal witli Tnland Construction
and also talked with a Mr. John Miller, established under the name of Pinecroft l'3usiness llark. llepury
Mayor Munson said that he had a very nrief conversation yesterday; perhaps only 15 seconds, with InCyte
and Steve Walker their builcler, telling them that he (l7eputy Ma}ror Munson) hopes that tonight dhey can
come to a resolution of this situation; but of course, could not promisc anyihing. Councilmember
Flanigan statcd he had no conflicts. Councilmember Denenny said that he spoke with Ms. Julie Pra[ke in
hcr capacity as current president of the Spokane Valley Chamber of Commerce, and also as an interested
person who potentiall}r will occupy a builciing in the Mirabeau ai-ea. Councilmember DeVlerning statecl
CUUneilMee.ting_ 0I-25-05 Pagc2of9
Apprpved b}' Cuuneil:
lara fi
r--~ tha[ he alsn had a convcrsalion with Meg Arpin and n principal from Inland Construction and also Tom
I-lamilton.
!'ublic 1'Vorks Dire;ctor Kerslen explained the, project in further detail, adding that these probleilis wcre
beine addressed by t:he County in 1999, and the issues included intersection problems with Pines at
Indiana and 1'ines at Mansfield. 1-Ie explained dhat there were nine property nwners in the vicinity who
wante.d to develop but could not due to the cost of upSrading the intersections; thac in 2002 Spokarie
County and Vl'SDOT appliecl for a 7'ransportation tmprovement 13oard grant to hclp pay for the
intersection; that the grant: was funclecl and they received $2.1 million; when the City inc.orporated in
2003, we took ovei• the projecc aild tiave becn working with the County, VVSDOT and the devel4pers. Mr.
Kersten explained that additional funds were neecled and this year the City applicd for and received an
additional S 1.1 inillion in fecferal funcling from SRTC. Director i:ersten said the outstanding issue tonight
is to conduct a nublic hcarint on the developer's agreement; explaining chat the developer's piece of t:he
total project is approximately $4 million; rectipping that there is now the TIB grant of $2.2 million; the
CiCy and WSD07' have each budgeted $55,000, ancl the SRTC award of $1.1 million; and to close the gap
all developers rnust commit 1:o participate in dhe project and siQn developer agreements. Directoe Kerstcn
also briefly went over some of the aspecLs of thc mitibation agreement; includiiig $303 per trip paid for by
cach propercy, the schedule for repayment (20°/a shortly afrer the agreement is cnmpletcd and prior to
construction tlle 80% must be paid); and to ensure there is full funding on tlle project, that all developers
must execute the aareemenc before Ihe project mo<<es ahead; which has been an issue with sonie of t:hc
developers.
Mayor VVilhite announced thac the following letters have been received as part nf the public record: letter
dated January 25, 2405 from 1nCyte Patholna, letters dated January 25, 2005 from f'inecroft Dusiness
Park and Arpin Law Office, and letter dated January 21, 2005 from Centennial Properties. Mayor Wilhite
invited public c.oniments.
Carlos Landa, 2910 E 13 Avenue: said he is qne of the nine develnpers; stated that Iic understiinds that
one developer has decided not to sign the agreement; he will be ready to start development in tlic snring
tind said that this represents a substantial amount of u;x revenue in die form of sales tax for constivctiqn;
so we have a re.ason to approve the building perniits; that tMose who are not ready to build are choosing to
obstruct the project or not sign lhe agreement; and that his concern is the "all or nothing" approach
jeopardizes his project beyond his or Couneil's control.
Man, Picken, 11703 E Bucke~Le-: said she is in aarecment with fxing roads and has no problem in getting
land developed; but ihat she objects to che number of apartments and dupleYes that wrould make this a
Iiigli clensity area; thdt she is concerned about parking aviiilability for the nurnbcr or outlets, and the arca
is not big enough.
Nteg Arpin, 1117 E 3S'h Ave: (distribuied cqpics of her January 25, 2005 letter) in summarizing her letter,
shc explained that she represents Qualchan lnvestments Spokane, Inc. ancl she is here to urgc Council to
do what it t:al:es to allow both development and the Pines Mansfield project to move fpi-ward; thac her
client shares the concerns of Mr. Uincla that all must sign before any pennits are issues; Chzit Qualchan is
not listed as a particip,lting developer but they are one of the propercies not amonb t:hose the developer
partners tagged a year ago to participate; that she has no objeclion to participating by apprpximltcly
S50,700; and that she feels it is imperative for public safety that these improvements inove forvvard; atttl
added [hat an influx of ihc reveuue stream wpuld more than make up for any revenue shortfall.
Taave Hoak, 5102 LWillow Sprin; R.oacl: said that he is apracticing doctor with antt President of the
~ J Board of 1.nC}Ke Pathology at 11604 Indiana Ave; that he feels they are caught in a bind; he wants to build
a building in that re~ion; that they ha~~e ever~~thing ii~ place but cannot secure a building pe.rniit; they have
Coun:.il Meeting: 01-25-05 Page 3 of9
Apnrovec! Cy Cntmcil:
nraft
been in the arefl for twenty years; they want to stay here; they provide good _iobs with good benefits; that
they looked at various sites for their new fiacility ancl ch4se that regi9n as many employees live and shop hcre; that their lease in tlieir curren[ building ends September 30 and t.heir current builclina is oii the -
markct; that they c.annot excend the leasc and if the}' cannot build it will increasE the likelihood they will
have to move twice, whicti is expensive and disruptive and could also jeopardize their patient care. He
stated they want to be t.reated fairly like the Fisl1 & Game and he lool:s Porward to finding a solution ta be
allrnved io move forNvard and build the building.
Michael O'Mallev architect for 1nCyte, 6205 W Selkirk. Sookane: he started by eYpressing tlianks to
staff ernployees Tom Scholtens, Micki Harnois, Dawn Dompier and Rulon Ta}rlar for their assis[ance in
t.his process and stated that they are a pleasure to work with; he spoke of timelines and showeai pictures af
the area; and also mentioned that the Fish & Game site has been perrniried, as well as the Centerl'lace
Building: saicl that he feels a solution neecls to be fntmd and doesn't believe the City will say that
development cannot take place; and questioned why InC_yte I'athology would be treated difiTerently fi-om
sornc other projects which havc been allowed to be permitced.
I-lelen Sarceni. 11810 E 13uckeye: commented coneernino the Landa development; said she didn't hnaw
he was going to comment on thal plot as she understand that a public hcaring was set for February 17; and
said that if vlr. L.anda wants to talk to the neighbors about what he is going to da, chey would be willing
to talk to him; but they are aoainst having no pla_ygrouncl and no place For kids to pla}; tliey are a
residential nciohborhood in MiraUeau Ranch Additinn; and that Landa is talking about something on the
complete other side af the hill; ancl that nodiing should be settled until aftcr the r'ebruary 17 public
hearing.
vtayor Wilhite asked for further public comment. 'No further eomments were offered ancl Viayqr Wilhite
closcd the Nublic hearing at 6:42 p.m.
2. CO\'SFNT AGENDA Consists of items considered routine which are approved as a group. A
Councilmember may remove an item from the Consent Agenda to be considered separatel_y.
(11Tote: Council may entertain a mutiun to waive reuding and approvc Cnnsent Agenda.)
a. Approva) of Itegular Council Aleetinb Minutes of January 1 l, 2005
b. Approval of Siudy Session Minutes of January 18, 2005
e. Approval of Payroll of Januarv 15, 2005 of $103,579.80
d, Approval of the }=ollnwing Voucliers: .
VOUCHER LIST VOUCHER 'I"OTAL
DATE \~umber(s) VOUC}-iER
Aivi.0i,JNIT
1-3-05 6081 17,878.90
1-7-05 6095-6140 725 299.21
1-14-05 6141-6182 1,704,438.17
GCt-AND T07'AL 2,477,616.28
Ir wus r,toved by Depury rtlayor Munsat rnrd secorrded by Councilmember Flanigan to ►vuive the reuding
ntrd npprove the cnnsenl agenclu. Vote by Accluntatlon : hi Fnvor: Ununrmous. C)pposed: Arone.
Abstention,s: None. Afolion ccn-rred. _
\TEW RUSli\TESS
3a. Motion Consideration: Pincs/AZansGeld Development OUtions - Cary Driskcll
Mayor VVilhite asked about the legal opiions available to Council. Deput}l City ACtorney Driskc:ll statect
that he -,vaunted to c•larify an issue raised during the public hearing; that there was a misundcrstanding that
Council Nlccting: 01-25-05 Pagc 4 of 9
Approvcd by Council:
Draft
~ Couiicil had passed a building moratorium in the Pines/Mansfield imnact arca; and that there was no
moratorium. A~r. L~riskell explained tl~at the City is required to comply with Statc laws reearding
concurrency, which means that whatevcr impacts result from clevclopment, a city must ensure thac t:hose
are iilitigsted witliin a certain amotint aF time. That the 1'ines/Mansfield area is in "I7" Status in terms of
ti•affic and we ca«not perinit additional development there; aII of which results in nat being anle to grant
permits; which is not a moratoriurn but is in keepin~ ~vith the concurreney la~+r.
Reearding options, U1r. Driskell explained that on Sepiember 14, 2004, staff' provicled council with
informritian about what: needed to be done conecrning the mitigat'ian agrcement in the t'ines/Mtjnsfitld
issue. 'Chat the Council decided that all the public and private moncy must be secured prior to the project
moving fonvard because of the financial condition of the ciry, and from a best practice standpoint on this
intersection and on those whicti will occur in the future. Mr. Urislcell said t:liat since then; dlere have been
nunierous discussions amo►lg the develaper parcies and the city, and it appeaa5 that not all clevelopers are
going t.o agree to sign the PinesJV9ansfield Mitigation A?reement; that Previous letters of commitment
have been received Erom the nine developer partners which were issued in 2001 and 2002, whic.h state
that the developer supports the projeci and agrees to provide financial commilment to the project.
Because oi' the indication that not everyone agrees to si-n at this time, staff has been examining other
options. Mr. Driskell explained diat another option is to implement a benefit district per RC«' 35.72; that
the City has clefined what the benefit district is; which is the iiine or possibly len propertie.s that would be
irnpaeted in this area and would be required to micigate their development impacts. Under diis option, the
City would be required to approve an ordinance wfiich identifes the area, and the Cicy would thcn
advance the moncy and the ordinance adopted therefrom would provide the mandatory payment
mechanism. vlr. Driskell me.ntioned that this option does have some limitations: one of which is that the
repayment pcriod is limited lo 15 years; so if somcone wanted to develnp in lhat: area within that 15 year
period; they would have to pay prior to issuance of anything more than a grading perniit; ancl Mr. Driskell
feels that a grrading pei-init could be issued short of payine the mitigation fee under R.C1V 35J2, because
that cloes not pro<<ide any traffic impacts. He staled that the City is eaamining ift}ie City would still have
io pay the full, up-front costs or eollect as rnuch as possible from the private developers antt thcn imnrove
the District on the last rEmaining ones which did not agree to the mitigation agreement.
Public Works Director Kersten added thac lherc has heen an expression from a number of the developers
regardint the Ianguage and tliat they do not want ta sign the xgreemcnt; but nothing has been submittecf in
writing other than the letter froin Centennial stating they do not want to sign the agreement.
Furthcr discussion continuecl on assurnptions of property values, whether increasing or decreasing; if a
new mitigation agreemcnt is needed for all to siQ i; on the impact of those who have alre3dy paid xnd/or
signed; proposed iimeframe in implemcilting such a district and of the need to discuss such option with all
concernecl; the fifteen year period in regsrd to the district option; and of the surrounding economic issues.
I! ►vcrs theyr nroved by Councilmember Denemry and seconded hy Dejjtrry Mtryor A41ntsUl7 lU IIlS1Y2lCl SIaff
io create arr orrli►tcuice to create the trSSeSSment reimbtrrsement areu. vlayor Wilhite invited public
commeni on the motion.
Michael 0'MaUev, 6205 W Selkirk Avcnue, Snokane: asked what does that motion mean to a property
owner that is ready to builtl or has started to build such 1s InCyte Patholopy; Fish & Game, and
Centei•Place, and whether t1iose projects „rould be stopped or continue to be held hostage; and he feels
that motion dnes not resqlve the issue for his proncrty, and would like tn receive some clarification on this
issui. vtawr Wilhite indicated tMat we would get back to Mr. O'Malley's questions in writing.
Meg Arpin 1117 East 35'1' speaking on behalf af Qualchan Itrvestments Spokane. Inc: saicl that she is
` pleased with the idea of a transportatinn benefit district being proposed for this; that it is a great idca but
Council N4ee4ing: 01-25-05 Page 5 of 9
Appro%,r.tl by Couricii:
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staff needs to look at this further as there arc rnore than thosc nine properiies that axe benefiting from
these improvemenis, such as her clients on Pines which are also wiUina, to participate; shc suggested if \
such a distriet is created that it include all the properties that will benefit from this, to allow InCyte and ~
others to move forward, and to develop ari agreement tha[ states that they will pay up ta what their share
would havc been under the rnitigation agreement; for eaample her client wauld have paid $50;700; and
stat:e in the agreement that when the district is finally formed, that if that share is actually less than what
was paid, which she believcs it will be when all benefited properties are inclutled, that that amount be
reirnbursed; and that would allow all of the beneffed nroperties to be assessed which is not now
occurring; anct it would allow these projects to rnove forward.
Stan Scllultz. 425 S Alpine Drive, Libert y Lake: said he wanted to correct part of a previous statement; he
said that Centcnnial wrote a Ictter that indicated thcy are not willing to sign the agreement in part because
they clon't f'eel diey should bc held hostate by onc person who deeidcd not to sign an agreement; but he
wanted to mentinn publicly that they eendered a$151,000 check to the City which he feels speal:s louder
than all of the otlier agreements, about their intention; Ihat the transportation benefit district is a good idea
but would have been a bctter idea if it had been done earlier; and that clclay is killing these people and
what needs to happen is that those who have paid need to bc able to get their perniits; if there is an
approximately $400,000 in dcveloper contributions, the developer that isn't going to sign is responsible
fior $119,000 of that; $50,000 of that is picked up by Ms. Arpin's client leaving an approximate $70,000
shortfall on a several million dollar project; and that the wise choice is to proceed ahead rapidly.
Mayor 1'Vilhite inviCecf Further public comment; no furfher camments were offerecl. Ma}ror Wilhite asked
Deputy Attorney Iariskell to address the question raised regarcling the Fish and Wildlife and CenterPlace
properties. Attorney Driskell stated that the question was raised by the City in taking this pnsition, and
because of the concurrency requirements of R.CW 36.70A.070(6)(b), the Cil'y is required lo do this and
the funcling for the project is incornplete until such time as that is secured; and that we cannot certify the
coneurrency is met; that the Fish and Wildlife proceclural history was examined by staff, and that the appropriate concurrency detcrmination was missed. Mr. DriskeJl further stated that a question was posed
of how can staEf allow Fish and Wildlife to have a permit and not allow anothcr development; but that the
missed cqncurrency was not realized until after the fact, and undee VJashington law, if it is determined
that an error ha.s heen made, there is no requirement that the error must be compounded by allowing
ot:hcrs to benefit fi-om the same problem. He added that a different concun•ency requirement shoulcl httve
bc;en made for Fish and Wildlife but: that was not done ancl hc believes we cannot do so at this time.
Regarding CenterFlace, Mr. Driskell stlted that we are included in part of the mitigation for
I'ines/Mansfielcl and have budgeted $55,000 to help defrZy the mitigation impaccs; and in the similt►r
situation of CenCerPlace, tliat perinit shoulcl not have bcen issued either.
Ciry Mlnaser Mereicr mentioned that Council 11as the two-year old letters of commitment, but not all of
I.hose signers are indicaling willingness today to sign a mitigatioii agreement; that Council has a statutory
option f'or diis reimbursement are.i, that two speakers tonight menlionccl that delay is a killing defect to
thcir proposed property development. Mr. Mercier stated tlhat he feels there is a point of practicality
council needs to measure, which is if Ms. Arpin is correct in ihat we should broadened the pool of those
who will particip:jte, i1'the hwo-year old letters of agreement have not led to signed mitigation agreements,
he fears the prospcct of going to a diCferent Formula with a different set of participants t3nd that il might
not be The rrost timely approacli for Council. If delay is the problem to avoid, Mr. Mercier said he is
unccrtain of the introduction of anew concept which mioht involve the re-creation of discussions that
havc gone on for some mont.hs aiid years.
"f'hE issue was further discussEd including further defining the area; fueure similar situalions and how diey
miolli be handled if the City contributes to the funding shortfall; of the desire to know exactly who would ;
Council N4eeting: 01-25-05 Page 6 of 9
Approvcd by Council:
Draft
be inelucted in such district and eaactly what the shortfall would be; aiid if this district crcation would be
1 gladly receivecf, or raise mare objections.
Vote otr rlre inotloii ro iiistruct stuff io creute an ordrrlurrce to create the assessnrerit reinibursenrent area:
ha Fa»or: Urrailimou.s. CJP11o.ced.- Nare. Ahsterrtiars: Nvne. Motron ccrrried
Mayor Wilhite called for a recess at 7:16 p.m. aiid reconvened the meeting at 7:2$ p.m.
31)Second IZeading• Prunosed Ordinance 05-003; AreH-wide Re•r.one N Greenacres Area (RUZ 17-
04) - Str.iti Kuhta Iclosed recordl
Afier Long ktinge Planner I<uhta gave his overview of the proposal as per the 1'owerl'oint presentation;
City Clerk Bainbridbe reacl the ordinance title. lt was theii ►noved b)? Deputy Mrryor R'fZ01Sol7 (ind
secorrded b)+ Couneil►lrember Denerrrr), to acecpt the PIQI11T717g Contnussion's Findiirgs ntrd
Reconrmerrdrrtioris rnrd to aclopr Orrlimnrce 05-003. Y"ote by Acclumutiun: In Favc,r: U»cutinrrnis. Oppo,sed.• Arorie. Astentions: 1Vone. jIlfotiora cai°ried.
4. Propusetl Amendments to thc Comprehensive Plan - Scott Kuhta
a Second iteadina Ordiilance 05-004. CPA 01-04 [closed record7
Mr. Kuhta Qave a brief overview/hisCOry of thc propqsal; followed by Ciry Clerk Bainbritige reacling thc
ordinance title. It rvas moved by Cowrciltitetnber Flanigan aiid secortdecl hy Deputv 1jdi~rvOr 119unso» tv
approve Ordinance 05-004. il'ore by Acclmmarion: I,r Fuva•: Unaninanus. dpposed.• ?Varre. Abstentrorrs:
None. 1Votion carried.
b Secoiid Reading Ordinance 05-005 CPA 02-04 fclnsed recordl
Nir. ICuhta gave a bricf overview/history- of the proposal, followed by City Clerl: Bainbridge reading the
~ orclinance. title. It was iiaoved by Cvinacilmen?ber Denenrry ayrd secorrded by Cowicilmeniber Flunigtm 10
crpprove Ordinrnrce OS-004. Vote by,4eelamatioi7:bif"m;or: Uirar7imous. Opposed: A'a7e. Abstentions:
None. Alotiayr currietl.
c Second Reiicfini: Ordinance 05-006. CPA 03-04 fclosecl reeordl
After City Clei•k [3ainbridge reacl the orclinance title; it was nroved b3, Couracilrnember SChlmAP8lS QIJCI
seco►rded by Coinrcilmenrber DenentrJ~ to approve orditiarice 05-006, CPA 03-09; aiid uccept the
f'larrniirg Comntission's Firrdings arid Recommcnclations in adopting the ordiirance. Vote byAcclamation:
br f'avor: Unanimuus. nppo.sed.• A+one. Abste►rtions: Afotie. A'oiior7 currred
rdinanc;e 05-007 CPA 05-04 (closed recard]
dSeconcl 12eading,)C
Afcer City Clerk $ainbriclge read thc ordinance title, it was moved by Deptrty Alavar Altrnson aiid
seCOnded 61j Co:nrcrlnrenrber Dene►my tv aceept the PIai7rring Caiinlissiorl's h'irlclings of Facts aiid
I28C011111JGIICIQI1011S turd to adopt ordirimzce 05-007 I'ote by .Acclamcrtinn: br Favnr: UtiGnrmotts.
pplv.red.• iVone. Abstenliorrs: tN'ate. Hotipn carried.
e Second [teadink Ordinance 05-008. CF'.A 08-04 fclosed reLOrd1
Councilmember llenenny mentioned he has interest in some property in the area, but it was determined
that was no eonflict of interest. After City Clerlc Bainbrictse read the ordinanee title, it was mvvetl by
Alrryar J-T'ilhite curd seconded by Deputy Mayur Munson 1o uccept the PICl!?17111g Coniniissiun's
Reconvner7tlutiorts tliad Findings of Fact aiid tv crdopt Or-tlinunce 05-00$. 1lote hy Acclamcrtioir: In F'uvor,-
Utraiiirnocrs. (71)JJnsecl.- Alofie.. A6ster7tioris: Nv►re. rLfotiotr ecriried.
5NTotion Considcration: S. Side of l3roadwav Avenue. CFA 04-04 - Scott Kuhta Iclosed recardl
A9r. Kuhttn explaincci that ihis proposal was recommendec4 fer denial by the Planning Commission as it is
~out of eharscter wiih the neigliborhooct. It was maved hii Deputy lYlcrynr Xfun.ron und secnnded ky
Council Meeting: 01-23-05 Pnge 7 of9
,4Pi?roved by Council:
17rafl
Cuarncilnrember Deraenny t6rat the council adopl the T'indings vf Taer und Co►rclusions uppro>>ed by the
Plaruring Conrmissron oti (:PA 04-04 thar the coinrcil uccept the recumntendafiolr vf !he Planning
Cummission cuid deny CP_9 04-04. vore b)+ Acclunrtrlion: In Favor: U►rpnimous. Oppvsed: Norre. .Absteiairoris: None, Mvtipr7 curried.
6. Mation Consicler:ition: Last side of Adxms Roatl, CPA 06-04 - Seoft Kuhta f elosecl recorcll
Mr. Kuhta explained that diis proposal was also recammendecl far denial by the Planning Commission as
the high density proposal would be incompatible with the area. It wus moved by Councilnrenibcr
Flaiiigcm und seconded by Depunl Mayor Mcnrson to adopt 11ie Fiyidings of Facl atrd C:onclttsions
upproved by the I'laiinirig Comrnission on CPA 06-04, untl uccept the recammendatinn of the Ncrnninb=
Comnrrssion and tleny CAA 06-09. Yote by Acclanrationr. Li Fivor: Ur7animous. 4pposed.• iV'oyre.
Absterrtians: None. Mnlivn carrietl.
7. Motion Consideration: Fuel Tax Grant nistribution Aiveemenl with the Transoortation
Tm_provement Rnard far the }'inGSlMansticld 1'roiect - Stcve VVorleylNeil Kersten
Public Works Director 1:crsten explained that in 2002, Spokane County received a$2.2 million T]B grant
for the Pines/Vtansfield project; that the City of Spokane Valley now has responsibility for completing
this project; that we recently received a$1.6 million gTant from STZTC and the project is now fully funded
and we ean beLin the desion nhasc of the project; but before we can request T1Ei grant reimbursement for
costs, the attached Fuel 1'ax Grant Distribution Agreements must be signed by a city otficial. Mayor
WilMite invited public comment; no comments were offered. It was mnved Gy laeputy 111uyorMunson rnrd
secorrded by Cauncilinember Flmiigati ta apprave the agreenierit and aulFwrize the A9cryor to sign the
ugreemei7t. Yote by Acclamution: b? Fcrvor: Uncnrinaocrs. Oppose& IVone. Abstentions: Alurze. Molron
ctirried. 7a. Mavoral Apnointments: Planninp_ Commission Council Liaisun; Housing and Communitv -
nevelnnment Advisorv Gommittee (HCllAC) - Mavor V1'ilhite Inublic commentl
Depucy Mayor Munson, currently on the HCDAC Board, announced that he has scheduling conflicts in
at[ending thoSe meetings. Mayor Wilhite proposed the appaintment of Steve Taylor as the City of
Spoktjne Valley's represcntalivc on thal ]3oard. Mayor Wilhite invitecl public; comments; no commerit,s
were off'ered. It was mo>>ed by Depun, Mrryor iVwuon and seconded hy Coturcilmember DEWenning to
approve the appoinnnetrt of Steve Taylor to llre FICT)AC 13ourd, Vvle by Acclantation: Irr F[rvpr:
UtJCririmous. Opposerl.• None. Abstentions: None.. Motion carried Mayor Wilhite announced that due to
a scheduling conflict of CouncilmcmberDe\,IeminQ, she propnsod to appoint Councilmember Schimmcls
as the Council Liaison for the Planning Commission. Council concurred.
PUBLIC COMMENTS vlayor 1Vilhite invited public comments; no cominents were offcred.
e1DMiN15T1tATIVE REPOI2TS: [no puhlic comment]
8. Sie;n Regulations - Marina Sukup
After Community Develnpment Director Sukup went thraugh her report and explained somc of the Sign
Comrnittee's rccommenda[ions, it was Council conscnsus to move the orclinance fonvard on the T'ebruary
8 agenda.
INFU1ZiHAI'lOn' UNLY:
Nta}ror Wilhite reminded everyone of the tentativel}' schedtiled February 14 meeting wit}i the Board of
County Commissioners; and Councilmembers were encourated to communicate discussion topics to her
within the nelt several days.
~
Cotinreil N4eeting: 01-25-05 Fage 8 of 9
Approved by C_'ouncil:
Dra [i
~ "there being no further business, it was riioved by Councilrncmbcr Flanigan, seconded, and unanimously
agreed upon to adjourn. The rneeiing sd,journctl at 8:40 p.m.
Taiana Wilhitc, Ma}'or
A'11'E ST:
Christine 13ainbridee, City Clerk
i
~ .
Council A4ceting; 01-25-05 Paoe 9 0£9
.Approvcd by Cotmcil:
CITY OF SPOKANE VALLEY
i~ Request for Council Action
Meeting Date: 02-48-05 City Manager Sign-off:
Item: Check all that apply: x consent ❑ old business ❑ new business ❑ public hearing
❑ information ❑ admin. report ❑ pending legislation
AGENDA ITEM T1TLE :
Payroll for Period Ending January 31, 2005
GOVERNING LEGISLATION:
PREVIOUS COUNCIL ACTION TAKEN: BACKGROUND:
i~
OPTIONS:
RECOMMENDED ACTION OR MOTION:
BUDGET/FINANCIAL IMPACTS:
Payroll for period ending 1-31-05 Salary: $ 95,274.73
Benefits: $ 48,260.99
$143,535.72
STAFF CONTACT: Daniel Cenis
ATTACHMENTS
~
" CITY OF SPOKANE VALLEY
Request for Council Action
Meeting Date: 2-08-05 City Manager Sign-off:
Item: Check all that apply: x consent ❑ old business ❑ new business ❑ public hearing
❑ information ❑ admin, report ❑ pending legisla#ion
AGENDA ITEM TITLE: Approval of the Followi»g Vouchers:
BACKGROUND:
VOUCI-IER L1ST VOUCHER TOTAI.,
DATE \iumber(s) VOUCHEI7
AMOUNT
1-21-05 6192-6218 51,334.56
1-28-05 6220-6245 443,956.63
GRAND TOTAL 495 291.19
RECOMMENDED ACTION OR MOTION:
Approve claims for vouchers:
BUDGET/FINANCIAL IMPACTS:
STAFF CONTACT: Mary Baslington
ATTACHMENTS Voucher Lists
vchlist Voucher List Page: 1
01l2112005 10:53:42AM Spokane Valley
Bankcode: apbank
Voucher Date Vendor Invoice PO # Description/Account Amount
6192 1l20l2005 000707 AIR DESIGN, INC. 12l31104 Refund REFUND MECHANICAL PERMITS 119.00
Total : 119.00
6193 1/20I2005 000707 AIR DESIGN, INC. 01!05105 Refund F2EFUNb MECHANICAL PERMtT 72A0
Total : 72.00
6194 1l2012005 000150 ALLIED SECURfTY IVL20060414 KEYS FQR SENIOR CENTER 46.88
Total : 46.88
6195 1120l2005 000037 AMERICAN LINEN 553839 FI.OOR MAT SERVICE 45.82
Total : 45.82
6196 1120/2005 000042 APPLEWAY AUTOMOTIVE GROUI' 236668 VEHICLE MAINTENANCE 130.83
Total : 130.83
6197 1l2012005 000030 AVISTA UTIUTIES Avista 12131P04 STREET POWER UGHTING CHARG 37.95
Total : 37.95
6198 1/20/2005 000030 AVISTA UTILITIES 450085074 STREET POWER LIGMTING CHARC ~ 13.10
Total : 13.10
619'~J 1120/2005 000109 COFFEE SYSTEMS INC 27241 CO(=1=EE SUNPLIES 152.03
7otal : 152.03
6200 1120/2005 000026 CON7RAC'I' RESOURCE GROUF', INC. 4526 40371 MAHOGANY FILE CABINEi'- MUNS 391.42
7otal : 391.42
6201 1/20/2005 000152 DEPARTMENT OF TRANSPORTA710N RE-313-AT650111078 SIGNAL & ILLUMINATION MAINT. 4,520.00
RE-313-A7650111079 S7A7[ ROUTE R0A17WAY P/IAINT. 3,031.59
Total : 7,551.59
6202 1/20l2U05 000002 H 8 H BUSINESS SYSTEMS 115077 8 116U16 COPIER EQUIP. & Pl10. MAINT. 1,462.35
7otal : 1,462.35
6203 1/20/2005 000505 hi 8 W FINANCIAL SERVIC[S 1012005 & 2012005 COPIER LEASE PAYMENTS 403.58
Total : 403.58
Page: 1
;
vchlist Voucher LiSt Page: 2
0112112005 10:53:42AM Spokane Valley
Bankcode: apbank
Voucher Date Vendor Invoice PO # DescriptionlAccount Amount
6204 1/20/2005 000009 WEWLETT-PACKARD COMPANY 37334892 FIBER CARb 1,229.31
Total : 1,229.31
6205 1/2012005 000033 MCPC 3963130 40392 CUBICLE FURNITURE 21,991.12
Total : 21,991.12
6206 1/2012005 000033 MCPC 4661902 40386 OFFICE SUPPUES 206.16
Total : 206.16
5207 1120/2005 000033 MCPC 4663300 40401 OFFICE SUPPLIES 83.90
' Total : 83.90
6208 1/2012005 000239 NORTHWEST BUSINESS S'I'AMP 52147 40409 NAME BADGES 29.57
Total : 29.57
6209 1l2012005 000652 OFFICE DEPOT 270664196-001 40395 OFFICE SUPPLIES 78.00
Total : 78.00
6210 1/2012005 000415 ROSAUERS U-CI"f'Y 481342 MEE'I'ING SUPPLIES 1.19
481343 MEE'I'ING SUPPLIES 12_99
Total : 14.18
6211 1/2012005 000324 SCWD#3 170-0040-03 1114l05 WI\TERCWARGES 25_52
Total : 25.52
6212 112012005 000668 SPOKANE COUNIY'fREASURER, LINDA 45101.8067 Parcel UTILITY IMf'ROV. DST. ASSCSSMEI 2,505_47
45101.9068 Parcel UTILITY IMpROV. DST. ASSESSMF_I 866.88
Totai : 3,372.35
5213 1/20l2005 000701 SPOKANE-K007ENAI REAL ESTATE, RE 1/13/05 Spok-Koot 40413 REGISTRATIONS 40.00
Total : 40.00
6214 1/2012005 000257 STATE AUDITOR'S OFFICE L52378 STATU70RY AUDIT SERVICES 1,474.20
Total : 1,474.20
6215 1/20/2005 000516 7ETRA TECHlKCM 143916 12l04 40350 STORMWA7E17 UTIL. PROC. ASSN 11,844,80
Total : 11,844.80
Page: 2
vchlist Voucher List Page: 3
01121/2005 10:53:42AM Spokane Valley
Bank code : apbank
Vouchcr Date Vendor Invoice PO # Description/Account Amount
6216 112012005 000177 U.S. POSTAL SERVICG 1/18/15 SVSC Postage POSI'AGE FOR SENIOR CTR. NEW 16329
Total : 163.29
6217 1120f2005 000167 VERA WATE-R & POWER 12I31l04 Vera STREET POWER IJGHTINGIWA7EF 250.61
Total : 250.61
6218 1120!'005 000706 WSAPT, MELODY RUCCI, TREASUF2ER 1/19105 APT AP7 MEMBERSMIPS 105.00
Total : 105.00
27 Vouchers for bank code : 2pbenk Bank total : 51,334.56
27 Vouchers in this report Total vouchers : 51,334.56
I, the undersiyned, do ccrtify under peiialty of perjury,
that the materials have been fumished, the services
rendered, or the labar performed as described herein
and thal the claim is just, due and an unpaid obligation
against the City af Spokane Velley, and that I am
autharized to authenticate and certify to said daim.
Financo Director Date
b~ . 3
vchlist Voucher List Page: 1
0112812005 2:51:44PM Spokane Valley
Bank code : apbank
Voucher bate Vendor Invoice PO # Description/Account Amount
6220 1J2812005 000335 ALTON'S TIl7E 6-3298 vEHICLE PIIAINTENANCF: 23.77
Total : 23.77
6221 . 1/28/`005 000221 Af1FlERICAN PUDLIC WORKS ASSOC. 665085 40397 PUBUCATIONS 37.00
Tqta) : 37.00
6222 1J'28=05 000864 80NNIE FERREI_I_, UOWN UN4ER GALL 5201 PICTURE MATTE & FRAti11NG 118.92
Total : 118.92
6223 1128/2005 000686 DL=PARTMENT OF UCENSING 1/27/05 DOL CASH CASM 1'RANSMITTAL 70 DOL 77.00
Total : 77.00
6224 1128/2005 000059 DEVLEMINC,, MICHAEL 1l24l05 MD Refmb. RkIM6. TRAVEUMILEAC]F_ 56.63
Total : 56.63
6725 1/28/2005 000278 17F21SKELL, CARY 1125105 CI] Reimb. REIMB, `I'RAVEUMILEAGE 49.18
Total : 49.18
6226 1128/2005 000028 FARMF_RS & MERCHANI'S BANK 01/13J05 MasterCard CiR[DIT CAR17 ChIARGES 3,310,88
Total : 3,310.88
6227 112812005 000222 ICMA RETIREMENT CORP. 23472 ICAdA QUAI27ERLY PI..AN FEE 250.00
23477 ICMA QUARTEftLY. PLAN FEE 125_00
Total : 375.00
6228 1l28f2005 000117 JOUFtIJAL P1EWS f'UFiLISHING 25617 ADVERTISING 36.40
25520 ADVERTISING 38,25
25621 ADVEIZTISING 86.25
25622 ADVERTISING 120.75
, Total : 281.65
6229 112812005 000012 JOURNAL Or DUSINESS INV002002509 ApVF_FtTISING 280.00
Total : 280.00
6230 112812005 000698 MITEL NFT4VORK5, INC. 92247251 40405 PHONES 605.38
Total : 605.38
Page: 1
vehlist Voucher List Page: 2
0112812005 2:51:44PM Spokane Valley
Bank code : apbank
Voucher Date Vendor Invoica PO # DescriptionlAccount Amount
6231 1/28/2005 000484 MOONEY & PUGW CONTRACTORS INC. 04-001 12131l04 40176 PROJECT BILLING AT CENTERPU1 373,371.00
Total : 373,371.00
6232 1128/2005 000435 NCW CHAPTER OF ICC 1/24/05 R. Taylor REGISTRATION 275.00
7otal : 275.00
6233 1/28/2005 000119 PIP PRINTING 1330029170 40406 BUSINESS CARDS 88.60
Total : 88.60
6234 1/2812005 O00029 PITNEY BOWES CREDIT CORP. 5618533-Jn05 COPIER LEASE 449.19
rocai : 449.19
6235 1/28/2005 000019 PURRFECT LOGOS, INC. 12752 40412 pIAS NAME PLATES 126.95
' Total : 126.95
5236 1f28/2005 000322 QWEST 509-921-6787 511 B . TELEPHONE CNARGES 38.29
Tolal : 38.29
6237 1126l2005 000003 ROYAL BUSINESS SYSTEMS 439697 COPIER LEASE AND MAIN7ENANC 147.04
Total : 147.04
6238 112812005 000297 SCHOLTENS, TOM , 1/25J05 TS Reimb. REIMB. Tf2AVEUMILEAGE 153.74
Total : 153.74
6239 1/2812005 000709 SENSKE LAWN & TREE CARE 1246555 MONTHLY CONTRACT PAYMCNY 43,276.46
Total : 43,276.46
6240 1/28/2005 000374 SPOICANE REGIONAL, CHAMHER OF CC 43577 WII_I•II'I'E CMAMBER MEETING 20.00
Total : 20.40
6241 112812005 000311 SPRIN7 PCS 0141276664-3 1/15/05 CELL PHONE CWARGES 622.63
Total : 622.63
6242 1/2812005 000337 UPS 0000Y3F950035 S!•IIPPING CWARGCS 55.30
Total : 55.30
6243 1/28/2005 000167 VERA WA7ER & POWER 1119 = 1/21105 VEf2A STREET POWER LIGHTING/WATEF 228.57
elect mtr 845 [LECTRICAI USAGF_ 20.45
• , ~~e: 2
~
vchlist VOUGLISt haye 3
01/2812005 2:51:44PM Spokane Valley
Bank code : apbank
Voucher Date Vendor Invoice PO # DescripUonlAccount Amount
6243 1/2812005 000167 000167 VF_RA WA7CR 8 I'OWGR (Continued) Total : 249.02
6244 1/28l2005 000680 WASHINGTON TRUST BANK, MOONEY E 2308570772 E$Cf70W RETAINAGE PI\YMENT 19,653.00
Total : 19,653.00
6245 1/2812005 000558 WCPd1A 1!25/05 Mercier REGISTCZATION 215.00
Total : 215.00
26 VoucHers for bank code : apbank Bank total : 443,956.63
26 VoucNers in this report ' Total vouchers : 443,956.63
I, Ihe iindersigned, do certify under psnalty of perjury,
that the materials havo been furriishecl, Uie sem4ces
rendered, or the labor perfarmed as descr(batl herebi
and that the G2411 is jusl, due and an unRaid abligation
agninst the City of Spokane Valley, and lhet I am
aulhorized to aulhenticate and oertify to said clairn,
Finance Director Date
Paye: 3
CITY OF SPOKANE VALLEY
Request for Council Action
Meeting Date: February 8, 2005 City Manager Sign-off:
Item: Check all that apply: ❑ consent ❑ old business X new business ❑ public hearing
❑ information admin. report ❑ pending legislation
AGENDA ITEM TITLE: First Reading Proposed Ordinance Amending Crirninal Code
GOVERNING LEGISLATION: Ordinance SVMC 8.25.060
PREVIOUS COUNCIL ACTION TAKEN: In the January 18, 2005, study session, the Council
instructed staff to draft an amendment to the Criminal Code to make the existing regulations,
which are currently only applicable to private property, also applicable to public rights-af-way.
BACKGROUND: The current ordinance states that the noise provisions apply to private
property. The proposed amendment would make the same regulations applicable to noise
emanating from public and private rights-of-way. The rationale for proposing this amendment is
that vehicles that generate excessive levels of noise, whether through use of a stereo or some
other means, are unable to hear emergency vehicles approaching. This results in the potential
for serious consequences because the emergency vehicles may be delayed, and because an
accident may result.
`
~ Staff has still not been contacted by any interested parties objecting to this proposed
amendment.
OPTIONS: Request more information, or changing the proposed amendment, or move to
advance this ordinance to a second reading at an upcoming Council Session
RECOMMENDED ACTION OR MOTION: I move that we advance this proposed ordinance to a
second reading.
BUDGET/FINANCIAL IMPACTS: None anticipated
STAFF CONTACT: Cary P. Driskell, Deputy City Attorney
ATTACHMENTS: Proposed amended SVMC 8.25.060 l
~J
Draft
t ' C1TY OF SPQKATT. VAI..LFX
SPnKANH:, CULJNTY VI'ASHINGTON
ORllli\`ANCE Np. OS-
A.N ORDIlqA~\`CE OI+ TFIE CITI' OF SPOKANE VALLCY, V4'AS.HTNGTON,
AMFTiDT.NG THE NOISE REGULATIO\°S U'DF.R TFIT MUi\tICIC'AL CQDr FQR
THE CITY OF SPO.KANE VALLEY, T1TLE 8, SECTIQN 25.060 l?ETtT'AININC: TO
NOISE UISTUI2f3ANCES.
1vliERrAS, noise regulations are necessary to protect the health, welfarc and safety of the
public; and
WHEREAS, the City Council previously adopted SVMC 8.25.060 through adoptian of
Ordinanc.e 04-030;
VIrHEf2EAS, the City Cpuncil finds it riecessary, from time to time, to amend its laws in the
intcrest of publie safet};
NOW "1'HEREFOR.r, the City Council of ihe City of Spokane Valley, Washington, ordains as follows:
Section 1. Intent. The City of Spokane Valley, declares thac having noise regulations iri xhe
Municipal Code are necessary to protect the health, safety and welfare of the public an private and public
property. Therefore, the intent of this Ordinance is to promote die right to quict cnjoyment nf private and
public property wilhin the Cily.
Sec:tiun 2. Amended code provisions on criminal noise rcgulation. Title 8, Chapter 25,
Section 060 of the City of Spokane Valley Municipal Code is hereby amended as follows:
8.25.064 Noisc Disturbancc
l. It is unlawful for any person to make, continue, cause to be made, or to allow to
I originate from real property in the posscssion of said person, inrivate rights of wa or in
ublic ri~hts of waL_any sound which create,s a noise disturbance.
2. 1=or the purposes of this section, the following sounds arc declared to be noise
disturbances:
A. Sounds created by use qf a radio, tElevision set, musical instrument,
souiul amplifier or any other device capable of producing or reproducing sound; which
emanate frequently, repetitively or eontinuously from any building, structure or propercy
loc.atcd within a resi(tential area; and which annoy or disturb the peace, comfort or repose
of a reasonable person of nonnal sensitivity;
B. Any other souncl occurring frequently, repetitively or continuousl}, wI11CI1
annoys or disturbs the peace, comfort or repose of a reasonable person of normal
sensitivity. This section shttll nnt apply to noncommercial public spealcing and public
Assembl}, activitics conclucted on any public space or public right-of way for which a
permit has been obtained. Aclclitionally, this section sliall not apply to noises produced by
dogs; which is addresscd in Spokane VaIley Vfunicipal Code 6.05.070(k)(4).
Ordinancc Amending Noise IZegulation for Cars Page. I of 3
DraR
3. Exemptions.
~
A. The following shall be exempt fi-om the provisions of'this chapter:
i. Sounds created by motor vehicles when regulated by «'AC
Chapter 173-62;
ii. Sounds originating from aircraft in flight ancf sounds that
oripinate at airports which are directly related to tlight
operatinns;
iii. Sounds created by surface carrier engaged in commerc,e or
passenger travel by railroad;
iv. Sounds created by warning devices not operating continuously
for more than five minutes, or bells, chimes or carillons;
v. Sounds created by safety and protective devices wllere noise
suppression would defeat the intent of the device or is not
economically feasible;
vi. Sounds created by emergency e.quinment and work necessary in
the interest of law enforcement or for health, safety or welfare of
the community;
vii. Sotmds originating from offcially sttnclioned parades and other
public events;
viii. Sounds emitting from petroleum refinery boilers during startup
of the boilers; providecl, khat the startup opcration is pcrformcd
during daytime hours whenever possilile;
ix. Sounds createcl by watererafi, except to lhe extent thac they are
regulated by other City or State regulations; ,
X. Sounds created by motor vehicles licensed or unlicensed when
opcrated off publie highwa_ys, except when such sounds are
made in or adjacent to residential property where human beings
reside or sleep;
:ci. Sounds originatiiig from existing natural oas transmission antl
disteibution facilities;
xii. Sounds created in conjunction with public t<<ork projects or
public work maintenance operations executed at the cost of the
federal government, state or municipality;
xiii. Sounds created in conjunction with thc collcction of solid
wastes;
xiv. Sounds created in conjunction with military operations or
t.raining;
xv. Sowids originating from organized activities occurring in public
parks, playgrounds, gymnasiums, swimming pools, and other
public reGreational facilities during hours of operation;
xvi. Sounds originating Erom agricultural activities.
B. The following shall be exempt frorn provisions of this chapter behveen
the hnurs of seven a.m, and ten p.m.:
i. Sounds originating from residential property relating to
temporary projects ror the repair or maintenance of homes,
grounds and appurtenances;
Utdinancc AmEnding Naisc Rceulution for Ct►rs PaDpc 2 of 3
Draft
~ ii. Sounds creatcd by the discharge of firearms on authorized
shooting ranbes;
iii. Sounds created by blasting;
iv. Sounds created by aircraft engine testing and maintenance not
relateci to flight operalions; provided, that aircrafl testing and
maintenanec shall be conducted at remote sites whenever
possible;
v. Sounds crc:ated by the installation or repair of essencial uliliCy
services.
C. Thc following shall be exempt from the provisions of this chapter
between the hours of seven a.m. ancl ten p.m., or when conducted beyond one thousand
feet ofanv residence where hurrian beings reside and sleep at any hour:
i. Sounds originating trom tcmporary construction sites as a result
of conscruction activity;
ii. Sounds originating from forest harvesting and silvicultural
activity;
iii. Sounds originating from the quarrying, blasting and mining of
minerals or tnaterials; including, but not limited to, sand, gravel,
roek and clay, as well as the primary reduction and processing of
rninerals or materials for concrete batching, asphalt mixing ancl
rock crushers;
iv. Souiids originating from uses on properties which have been
r--, specifically eonclitioned ta meet certain noisc standards by an
~approEariate City heazing bocly.
4. Violation - Misclemcanor - Penalty. Any person violating any of the provisions of this
chapter shall be deemed guilry of a misdemeanor.
Section 3. Seve.rability. lf any section, subsection, sentence or clause of this chapter is for
any reason held to be invalid, such decisien shall noi affect the validity of the remaining provisions of this
chapter.
Section 4. Effective date. This Ordinance shall be in full force and effect five clays afl:er
publicacion of dhis Ordinance or a summary chereof occurs in the oHicial ne.vspapcr of the Cicy as
provided by law.
Passed this day of , 2005.
ATTES°I: Mayor, Diana Wilhite
City Clerk, Christine Bainbriclge
Approved As To Form:
Dcputy City Attorney, Cary P. fariskell
iaate of Publication:
Effective llate:
nrclinanr.e AmcndingNoise Rrgul:uion for Cars Ptige 3 oC3
~ CITY OF SPOKANE VALLEY
Request for Council Action
Meeting Date: 2-8-05 City Manager Sign-off:
Itern: Check all that apply: ❑ cflnsent ❑ old business X new business ❑ public hearing
❑ information ❑ admin. report ❑ pending legislation
AGENDA ITEM TITLE: Proposed Ordinance Creating Assessment Reimbursement Area
GOVERNING LEGISLATION: RCW 35.72
PREVIOUS COUNCIL ACTION TAKEN: On January 25, 2005, staff presentation.
BACKGROUND: On January 25, 2005, staff provided the Council with information about RCW
35.72, which would allow the City to finance some transportation improvements tied to new
development. This would involve adopting an enabling ordinance, and a proposed ordinance is
attached to this document. If adopted, reimbursement assessment areas could be established.
In the event a person had property in an area that was benefited that they wanted to develop,
they would have #o pay their proportionate share before receiving building permits.
Improvements using such a district can be financed either by private parties, public entities, or a
~ -cornbination of the two.
This mechanism is expected to give the City greater flexibility on how transportation
improvements can be paid for.
OPTIONS: Do nothing; instruct staff to provide more information; ask for revisions; advance it to
a second reading.
RECOMMENDED ACTION OR MOTION: I move that we advance the Proposed Ordinance
Creating Assessment Reimbursement Areas to a second reading.
BUDGET/FINANCIAL IMPACTS: The potential financial impacts are substantial in a positive
manner, depending upon how often this process is used by private andJor public entities.
STAFF CONTACT: Cary Driskell, Deputy City Attorney
ATTACHMENTS: Proposed draft ordinance establishing assessment benefit districts.
uRAIIr
C17'l' OF SPOKANF VAT..T..FY
SFOKANL COU\T1', V1'ASHiNGTON
QR1)INANGE NO. QS-Olfl
A~1` Oltllll\TANCE OF TtiIE CITY OF SPOKANl; VALLFY, SPOK.4NF COUNTY,
W ASH1NCTdi\`, AUOPTEITG COIVPITIONS FOR AUTHORIZIIqG ASSESSMENT
1ZELA111E3UKSENZE,N'T A12LAS ANTD AGREEMEE \'TS PURSUANT TO RCW 35.72 FOR
THE C:17'1' Uh' Sl'U11ANE VALLEY.
W1-1F.1tEAS, the City of Spokane Valle}, (hereinafier "thc City") may rcquirc that construetion ofi
and improvements lt~ the City's streets be constructed as a prerequisite to fiurther properly clevelopment
result of certain dcvelopments by the owners of said dcvelopments pursuant to RCVd 35.72; and
VJ1-CLREAS; the City has adnptecl an Interim Comprehensive Plan t:hat reyuires that infrastructure
needs must be provided concun-ent with new development; and W1-CE{tEAS, ftCW 36.70A, the Growth Management Act, reyuires that communities such as
Spokane Valley ensure diat infrastructure needs are provided concurrent with new development; and
NA1'1-MFZLAS, the Cii:y may finanee the costs ot'street construction and improvements which will
beneFit adjacent parcels that may undergo futurc develonment; and
WI-[ECLEAS, RCW 35.72 authorizes citiES to provicle Cor the partial reimbursemeut io the City
and others of the costs of construction of and improvements to the City's streets; and
VrHEREAS, the City desires to provide a mechanism that ensures some certainty for how new
infrascructure needs uin be provided.
NOW '1"FILRLEI"01tE, the City Council for the City of Spokane Valley, Spokane Councy,
Washington; ordains as follows:
Section 1. Purnose. Tlje purposc and intent of this Ordinance is to cstablish a mechanism
whereby public or priWate entities that participate Financially in providinb needed infrastruccure
improvements can receive reimbursement from other benefiting properties.
Secxion 2. Creation of New Chapter Providiny, for Assessment Reimbursement Areas
pursuant to RCW 35.72. The City of Spokane Valley adopts a new chapter to the Spokane Valley
Mwiicip3l Code, 3.75 entitled "Assessment Reimbur3ement Areas", whieh is set forth as foliows:
3.75.010 Sh•cet Constructiun and Imprnvement ReUuirements. The development of
real property, increasing traffic volumes, and substandard conditions may require that City streeis be
constructed or impravecl. In such cases, it may bc appropriate to pmvide for partial reimbursement from
owners and developers whose parcels benefit frnm sueh construction or improvements to the person or
entity, inc.luding the City, that paid the cost of such construction or improvement. In such cases; the City
is autliorized co enter into reimbursement agreements or to require partial reimlwrsement to the Ciry for
the costs incurred.
qrdinance (;reating Assessment lLeimburscmeni Arcas f'agc 1 of 4
uRnFT
3.75.020 AuthorizaEion of Reimbursement Agreements.
-
A. The City establishes a procedure for au1:horizing reimbursemcnt agreements with
develapers, owmers and the Ciky itself for the purpose of provicling rei►nbursemen[ of apro rata portion of
the costs of storm water dcainage systems, and steeet and sidewalk irnprovemenls including design,
gradirtg, paving, installation nf curbs, gutters, storm drainage, sidcwalks, street lighting, traffic
signalization, and other similar improvements when such improvements are required by an ordinance as a
prerequisite to fLurther propcrry development.
B. A reimbursemenl agreement may provide for the parcial reirnburssment to the owmer or
the owner's assitrns for a period not to exceed fifteen (15) years of a portion of the eosts of the project by
ocher property OwIIeCS Wi10:
l. Are ctetermined to be within the assessment reimbursement area pursuant to
Spokane Valley Ivlunicipal Code Scction 3.75.044.
2. Are determined to have a reimburseinent share based upon a beneft to thc
property owner pursuant to Spokane Valley viunicipal Code Section 3.75.XXX.
3. T)id riot contribute to the original cost of the street project; and
4. Subsequently develop their property within the fifieen-year (15) period and at
thc time of development were not required to install similar streel project,s bacause they tivere already
providcd for Uy the contract.
3J5.030 Reimbursemcot bv nther nronertv owners - lteimbursement Share.
The re_imbur5ement amount shall be a pro rata share of consh-uction costs and rcimbursement of contract
administration costs of the street project. The Cicy shall determine the reimbursement share by using a '
method of cost apportionment which is bassd on the beneft to the property owner from such project. _
3.75.040 Application fur latecomers' agreements. Application f'or a reimbursement
aKreement shall be macle prior to the installation of tlie improvement. Application shall be made upon
forms prepared by the Public Works Department. Any application for a reimbursement agreement shall
contain, at a minimum, the fnllowing information:
A. A legsl clescription of the applicant's propertj;
B. A legal description of the benefited properties;
C,' Vieiniry maps of the applicflnt's property, benEflecf propcrties, and the location of the
improvement or improvements;
D. The itemize:d cost data for the improvements; aild
E. Prnposed pro rata share of the cost of the improvements to be borne hy t.he benefited
properties, and a proposed metJtod ot assessment of that pro rat.a share t.o the individual
be.nefited properlies.
3.75.050 Nntiee and I-learing 1'rocedure.
A. Prir•ute InaJarnvemefits - Upon drafting of the preliminary assessment roll, the
prcliminary determination of the latecomers' arca boundaries and assessments, along wieh a description
of thc property owners* riaht.s and options to participate in the reimbursement agreement, shall be
fnrNvarde.d b}, the City by certified mail, return receipt rcquested, to the property owners wlLlllll the
propnsed asscssment area. -A property owner whose property is included in the preliminary asscssmeni
roil may request a hearing before the City Hearing E.caminer within ten days of the mailing. 'Che Mearing
Oidinvicc Cresting Assessment Reimbursemcnt Arcas PuSe 2 of4
l7ftArC
Fx,in,iner shall hold a public Iiearino, establish a record, and make a decision which shall be given t_he
~ effect of a recommendation to the City Council, all pursuant ro Chapter 10.35 of the Spokane Valley
MunicipEil Cocte. The Cit), Council's ruling shall be determinative and final.
B. City Inzprovements - The City may par[icipatc in a reimbursement agreement where the
City has provided or joined in the financing of the improvements that wi11 benefit other properties. The
nUtice tind 1learing provisions in SVMC 3.75.040(A) shall apply to this subsection. No irnprovement5
that benert the general public may be subjcct t:o a Cily-held reirnhurscment agreemerit. Thc Ci1:y may he
reimbursed for its investment in the improvements in the same manner as owners of real prnperty who
participate in an improvement project and request a reimbursement agreement Authoritv of the City to
participate in a reimbursement agreement is in addition to the power of the city to impose special utili _ry
conncction charges and special assessment district chiu-ges. In the event the City participates in financing
an improvement, it must specify the conditions of its partieipation in an ordinance.
3.75.060 Esecution and ltecordiog. Following receipt of the assessment roll; the Ciry
Council, if provided with sufficient information and if the improvement and cost thereof are consistent
wich che prcliminary approvalj shall hy motion authori7x the City Manager to sign the reirnbursement
agreement(s). The fully executed reimbursement agrcement(s) s}iall be rccorclcd in the ofticial property
rccords of Spokane County, Washington.
3.75.070 Contract Finalim pnoe the reimbursement agre:e.«nent is recorded with clie
Spokane CounC}' Auditor's Office, it s}iall be binding on all properties and qwners within tlie assessmerit
area who are not party to the contract, and [he obligation shall run wikh the lancl. A secon(i norice
_ reflecting final costs shall be mailed to the prnperty owners by certifed mail, reYurn receipt requested,
together with a copy of the reimbtusement agreement, bearing the Spokane County Auditor's File
Number. For any real property which is burdened by a reimbursement agreement, the Cit}r shall not grant
any construction permits, including but not limited to, grading perniits, forms and foundation permits,
builcling permits, or an occupancy pennit, until such time as full rei►nbursemcnt is made on behalf of 1he
burdened prnperty in satisfaction of the reimburscmcnt agrecmenl.
3.75.080 Title to Improvements and Assignmc.nt of Benefit. I3efore the Cit}' will
eollect any reimburscment charSc, the holdcr of the reiinbursement agrcement shall transCer title to all of
the improvements to the City. The holder of the reimbursement agreement shall also assign to the• City
the benefit and right to the reimbursement charge shoulcl ehe City be unable to locate the holder of t.he
reirnbui-sement agreement at the time of attempting to tender any charges received by tlls Ci .ry pursuant to
the reimbursemenc <<greement. The holcfer of the reimbursement agreement shall be responsible for
keeping the City infornlEC1 of a currenc mailing atldress. Should ihe City be unable to locate the liolder of
che reimbur;ement agreemenc in order to deliver a reimbursement charge, the same shall be held by the
City for a peridd of t:wo years from the dat.c of frst. aClemnted notification by the City. At any time
wi[hin the t:wo year perioct, t:he holder of the reimbursement agreement may receive the charge•, without
interest, by requesting payment of the City. IC, af'ter the expiration oF the cwo year period, the holder of
the reimbursement agreement has not reyuestecl reimbursement under the agreement, all rights of the
holder of the reimburseme.nt agreement to that charge shall expire, and the City shall be deemed to be the
owner of thc funds.
3.75.090 Te.nder c►f Charees. When the Ciry has received a reimbursement charge, it
Nvill Forward the Cunds to the holder of the reimbursement agreement within thirty days of receipt. FLmds
received b_y negotiable insb-ument, such as check, will be deemed reccived ten clays after deliveiy to the
City.
Ordinance Creating Assessment Kcimburscment Areas P,ige 3 of 4
IaRAF'1"
3.75.100 lteleasc of Assessments. V1'hen funds are received pursuant to a
reimbursement agrEemcnt, the CiCy shall record a certificate o1' payment anci n:lease of assessment as to
.
the real property owned by the party naying the reimbursement charge, wit.hin lhirty days of receipt of the
funds.
3.75.1.10 Administrative Fee. There shall be a fee to the CiCy for the administratinn,
nrocessing and collecting the reimbursement agreement charges, in the amount of five pcrcent (5%) of
the tntal arnount to be collectecl. This administrative fee shall be calculated inco the amount of
reimbursement to bc paid by the non-party participants in the reimbursement agreement. Prior to the
granting of the final rcimbursement agreernent; there shall be'paid to the City a processing fee in the
amount of $I;OOO.UO. The said processing fee shall be credited against lhc total 5°/a fee. The 5% tee
shall be collected by deduction from eacM individual reimbursement charge payrneiit and the balance
shall be forwarded to the developer.
Sectio» 3. Severabi(ity,. If any section, subsection, sentence or clause of this chapter is for
. any reasnn held to be invitlid, such decision shall not affect the validity of the remaining provisions of
tli is chapter.
Section 4. Additianal Provisions. 'I'he provisions of diis chapter shall bc in addition to and
not a substitute FCr or limited by any other applicable Iaws.
Sectian 5. Effective llate. This Ordinance shall become effective five days aftcr
publicalion of the ordinancc or a summary ihereof in the officic►I newspaper of the City.
Adopted this day of February, 2005.
City of Spolcane VaIley
Mayor, Diana Wilhite
ATTF•ST:
CiCy Clerk, Christine Bainbridge
approved :ts to Form:
Ueputy City Attorney, Cary P. T)riskell
,
/
Ordinance Creating Asscssmcrst ReimUursement Arcas Pkge 4 of 4
~ CITY OF SPOKANE VALLEY
Request for Council Action
Meeting Date: 02-08-05 City Manager Sign-aff:
Item: CFteck all that apply: ❑ consent ❑ old business ❑ new business ❑ public hearing
❑ information ❑ admin. report ❑ pending legislation
AGENDA ITEM TITLE: Proposed Resolution 05-002: Washington Economic Development
Finance Authority
1GOVERNING LEGISLATION:
PREVIOUS COUNCIL ACTION TAKEN:
BACKGROUND:
It is the policy of the WEDFA board only to issue bonds in support of projects which would be
welcomed by the local community. As part of the issuance process, the WEDFA would like the
Spokane Valley City Council as the planning jurisdiction, to consider passage of a Planning
Jurisdiction Approval resolution, to issue tax-exempt economic development revenue bonds.
Please note as indicated in the Finance Authority Resolution W-2004-009 page 6 of 7, that
"$1,900,000 - trucks, containers, primary equipment and land purchase to be located at: WM of
Spokane, 11720 1g" Avenue East, Spokane Valley, Spokane County, V1JA 99206-5344.
OPTIONS:
RECOMMENDED ACTION OR MOTION: Motion to approve Resolution 05-002
BUDGETIFINANCIAL IMPACTS:
STAFF CONTACT: Dave Mercier
ATTACHMENTS
Spokane Valley City Resolution 05-002
~ J January 19, 2005 letter from Washington Economic Development Finance Authority
Washington Economic Development Finance Authority Resolution W-2004-009
CITY OF SPOKANE VALLFY
$Y(7KANE CniJa''1 Y, WASHINGTO\`
RESnLUTTQN NO. 05-002
A RFSOLVI"I01 UF TRF, SPOKANE VALLrY CITY COUNCILAPP1tOVING THE
ACTION UF THF STATE UF VVASF1TNGTON ECQNnMIC DCVEI.,nP1ENT
FIl\TANCE AUTHORT'rY AND TRT ISSUANCE OF NON-RECUURSF REVEIYUE
BUNDS TO FINAt~`CL AN ECONOMIC llLYELOFME\'T FACIL•ITY FOR WAS'fT;
MAn'AGEMENT, INC. ("the COMl'A~YY"), ANn pROVLDlNG FOR OTEIFR
MATTEKS P12OPERLY RT_T,ATING THERETQ.
RrHEREAS: on September 22, 2004, the Washington Economic Development Finance Auihtirity
("~VEDFA",) had presenteci to it Resolution No. W-2004-009 (the "Rcsolucion"), a cqpy of which is
at#ached hereto as Exhibit A, relatino to the issuance of non-recourse revenue bonds wherein the
proceeds of which would be loancd to the Company for inter ulia the purchase of Iand and construction
n!' a building fo►• a solicl waste disposal facility to be locaced in the City of Spokane Valley at 11720 First
Avenue rast (the "Project"), all as authorized by the Economic. Development Finance Authnrity Act of
1989, R..C.W. TiUe 43, Chapter 163, as amended (the "Act"); ancl
NV'FIF„ItE,AS, on September 22, 2004, WFDFA unanimously approved the Resolution; and
W1-lERF.AS, it is the policy of the WashinDton Economic Development rinance AukhoriCy not to
issue revenue boncls ercept upon the apnroval of die county, city or tnwm within whose plaiinin?
jurisdictiAn the proposed industrial devclopment facility lies; arld
Rq-1EREAS, the Projcet lies within the boundaries of the City of Spokane Valley, Spokane
County, Washington;
NOW THEREFORE; IT IS HEREBY FOU\'D, DCTERIvI1NTED AN.T) ORDERED as follows:
Section 1: Thc Spokane Valley City Coumcil (the "Council"), pursuant to the request of the
Washington Econornic Development Finance Authority, does hereby approve the issuance of non-
resource revenue boncls (the "Bonds") by the Washington 6conomic Development Finance Authori[y, for
the purposes providetf in the Act.
Section 2: The Boncls shall be issued in the aggregate prineipal sunt of not to exceed
$27,000,000 pursuant to a Resolution nf WEDFA. The proceeds of the Bonds are to be lent to the
Company; pursuant to a loan aoreement or othcr appropriate financin5 agreement, anct used for the
pw•pose of itrter alia consb-ucting and equipping the Project, including the necessary appurtenanees,
located tivithin the boundaries ofi the City nf Spokane Valley and to pay cerCain costs o1" issuance of the
l3onds.
Section 3: The Bonds shall not constitute an obligation of the State of Washington or of the
Cicy of Spokane Valley, and no ta.c funtls or re,venues of the Statc of VVashington or of the City oF
Spokane Valley shall be u.ced to pay the principal or interest on the Bonds. Nleither the faith and credit
nor any taxing power of the State of WashingKon or of the City of Spokane Val ley shall be pledgetl to pay
the principal or interest on the .Bonds.
Section 4: I'he Spokane Valley City Council hereby approves the issuance of Bonds by
WF
~ nFA for the purpose of financing the Project as describecl herein, a qualifed projcct under the Act.
However, such approval shall not waive any of the pertnitting requireiTients applicable to this project.
Rcsolution 05-OU2 WrDPA Rcvcnue k3cirids Page 1 of 2
\
Section 5: This Resolution is intended to constitute approval of the issuance of revenue ;
bonds within the meaning of tfie policy of the VVashington Economic Development Finlnec Authority.
Section 6: Upon passage and approval of this Resolution, it shall take effect immediately.
Adopted this day of Nebruary, 2005.
AYES:
NOES:
A_E3SEN"1':
ABSTAJN ING:
City of Spokane Valle,y
Diana Vdilhite, Mayor
A`I'"1'EST:
Christine 13ainbridge, City Clerk
.
,
Resolution 05-002 WEDPA Revenue Bonds Pate 2 of'2
ExHZxzT A
~yJ
RESOLUTIOnj NO. W-2()04-009
• A RESOLC1''IOV QF T~iE R~ASHINGTOl~' ECO\TOiVtJC :[7~J~rE:LO:NiVi~N`I'
MIANCE AUfiHUR:ITI' TAK[NG O++ CIAL ACTION TOVVA_RD THE
ISSI3ANCE OF NU1`:I2ECnlTKSL ECONORUC DEVF.LOPiNT RENTFNUE
BOIVI)S IN ONE n!t MOE7L SERIES IN A M.AXIMUiV1 AbIUUNT NOT T~
EXCEED $27,000,000 AND AUTHORIZLNG T,HF EXECUTIO\' QN~ A\
MMFVINIF]CAT1Q\T AI~'D CO~I~D'FNSATJUN AGREEN1:LN'T` BY t11\rD
I3I+:TV1''k:EN '1'FIE WASHINGT()N ECON(Jh71C DEVLiLOYIlEiNT FLNANCE
AUTNQN:[el'Y AND VVASTE Mr1vAG.EIN;k:Nfi, YNTC. ANU/OR ITS AI'FIIlIATES
AND SUBSX:DI.ARlM S(the "Compxny").
R'HE12FAS, the «ashington Economic Development Finance Authority (the
°Issucr") is a duly organi2ed and existing instrumentality of the State Af Washington
authorized and empowered by the provisions of RCW Chapter 43.163 (collectively, the
"Act") to issue nonrecourse economic developmcnt revenue bonds for the purpose of
carrying into effect the construccion of improvements and the acquisition of personal
properties and provide warking capital suitable for use by any econom.ic development
activity, aild to loan its moneys when necessary or conven.ient to carry nut iLg powers
under the Act; and
WI=AS, the Company has informed the Issuer that it wishes to acquire,
canstruct, equip, ancl improve the solid waste disposal facilities to bc located in vai-ious
locations in the state of Washington, as more fully described in L°xhibit A attached hereto
and incorporated herein (the "Site"), all of which are located within the territorial lim.ils of
the State of Washington, and the Company has requested the Issuer to issue non.recourse
economic development revenuc bonds (the "Bonds") in a maximum amount not to cxcced
TWENI1 Y SEVEN MULLION dollars ($27,000,000) pursuant to the Act to carry inta
effect the acquisician, construction, equipping, and improving of real and pcrsonal
propert), and provision of wor}:ing capital at the Site to be used in the solid waste disposal
facilities af the Company, as more fully described in Exhibit A hereco (the "Projcct"), to
loan the proceeds of the Bonds ta finance the acc1uisition, constructioii, iruprovement,
equipping, a»ct installstion of the Project; and
NVI-IER.EAS, a form oI agreement designated as an "Indemnification and
ComPensation Agreenient" has been prepared setting forth the respe~ctive agreements and
undercaking of the Tssuer and the Company with i-especi to the l3onds and the Project; and
WNEREAS, it is considered neccssary and desirable for the best interest of the
~ Issuer that the Tndemnification and Compensation Ao eernent be cxecuted for arid on the
behalf of the Jssuer; and
Resolution iVo. W-2004-009 1'aee 1 of 7 Sepiember 22, 2004
WTIEREAS, the Indernnificalion and Compensation Agreement i•equires the
Company to pay al] reasonable and necessary costs incurreti by the issuer in conncction
with the Bonds andlor in connection with the Project; and
WHEREAS, the Issuer finds that che Project constitutes the develapment and
improvement of economic clevelopment facililies under ihe Act; and
VArHEREAS, it is intended that this resolution shall constitute a declaration of
official inteni to reimburse Froject expenditures within the ineaning of Sections 1.103-
(8)(T)(a)(5) and 1.150-2 of the Federal Tncome Tax Regulations.
NOW TIIEREFORE, be it resolved by the Washinbton F.conom.ie Dcveloprnent
Finance Authority as follows:
Section 1. It is hereby determ.ined Chal (a) the acquisition, construction and
installation of the Projeci and its operation as an economic dcvelopment facility; (b) the
issuant;e of the bonds of the Issuer in one ar more series and in a mtucimum amounC not td
exceed $27,000,000, to finance costs of the Project, such total costs to be financed by the
Bonds presently estimated to be approximately $27,000,000; and (c) the execution and
delivery of such contracts and agreements with the Issuer as are necessary to provide for
che payment by the Issuer Af amounts sufficient to pay the principal of, preinium, if any,
and intcrest on the Bonds, together with certain casis of the Issuer, will all be in
furtherance of the Act. Sectinn 2. Subject to the cAnditions listed in -Section 3 below, incJucling such
ather conditions as in the juclgement of the Issuer and boncl counsel are necessary to
insure the validity of the Bonds and the taac-exempt or taxable status of the Bonds, it is
the intent of the Issuer to proceed toward the issuance and sale of the Bonds pursuant to
the provisions of the F1ct. Nothing in diis resolution shall be construed as legal.ly binding
the Issuer co authorize, issue, or sell the Bonds.
Section 3. fihe authorization, issuance, and sale of the Bonds by the Issuer are
subjece to the following cantlitions:
(a) the Company shall have caused to be issued an irrevocable letter af credit (the
"L.ecter of Credit") by an investment-grade rated commercial bank, acceptable to the
Issuer (che "Letter of Credit F3ank"), wliicll shall be used to pay and 5ecure the Bonds or
shall have secured a bond purchase agt-eement (the "Bond Furchase Aa eement") from an
Accr.eclited Investor, as such term is defined in 17 CFft 230.50.1(a), acceptable to the
Lssuer, for the purchase of the }3onds;
(b) the Company shal] enter into sucli concracts and loan agreements with the
Issuer as shall be necessary to sccure payment nf the principal of, premium, if any, and
interest on the Bonds as when the samE shall come due and payable;
Resolution No. VJ-2004-009 Pagc 2 of 7 September 22, 2004
f~ (c) on or before two (2) years from the daLe herenf (or such later datc as shall be
mutually satisfactory to the Issuer and the Company) the Issuer ancl the Company sliall
have agreeci lo mutualJy acceptable cenns aad conditions of the contracts and agreements
refened co in pariigraph (b) of this Section 3;
(d) the Issuer shal] have received an opinion of bond counsel that, with ceriain
customary exceptions, such of the Aoncls which it is intended shall be issued as tax-
cxcmpt obligations may be so issued pursuant to the pravisions oF the Internal Revenue
Cade of 1986;
(e) if required, the Issuer shall have received an allocation of the Statc ceiling on
private activity bonds imposed by Section 146 of the Yntcrnal RevEnue Code o1' 1985 in
an amount equal to the aggregate face amount of such of the Bonds as shall be issued as
tax-exempt ovligations, and shall have allocated such ainount to the Bonds;
(t) the Issuer shaU have received evidence that.ihe county; city, qr Cown within
whose planning jurisdiction the Projcct lics has approved the Project and the Bonds or
such other evidence satisfactory to the Issuer that the Project will be welcoroed by the
com.munity in which the Project will be located; and
(a) such other conditions as in the judgement of the Tssuer and bond counsel are
j~ necessary to insure the validity of the Bonds and the tax-exempt status of such nf the
nonds as shall be issued as tax-exempt obligations.
Section 4. The proper officials of the Issuer are hereby authorized ta take such
furthcr action as is necessary to carry out the intcnt and purposes hereof under the terms
and conditions siated herein and in compliance with the applicable provisions of law.
Section 5. That it is deemed necessary and advisable that the bidemnification
and Compcnsation Agreement be approved and executcd for and on bchalf of the I,ssuer.
Section 6. That an Inciemnification and Conlpensation Agreement by and
beiween the Issuer and the Company be, 1nd the same is hereby, approved and authorized
and the Chair of the Issuer is hereby auXhorized to execute the lndenuufication and
Compensation Agreement on behalf of the Issuer.
Section 7. Each Bond, whcn and if issued, shall subscantially state the
following lanbuage on the facc thcreof:
TtiE OBLIGATIOVS OF rH:C TSSLfER I=LEItEU'NDER SHALL NOT BE
DEEMED TO BE A pEBT, LI.ABZLITY, OBLIG ATION, ()R P.LEDGE OF fiHE F AITH
AND C.RFDIT OF THE ST.4'IE OF WASHJTiGTON, OF ANY NTUiNICIPALITY, OR
OF ANTY iNfUNICTPAL COItPORAT10N, QU.4ST I~7[JNICII'AL CORPORATION, .
SUBD"IISI0N, OR AGEh'CY OF THE STATE OF WASHINGTON; OR TO PLEDGE
Resolution vo. W-2004-009 Page 3 of 7 September 22, 2004
ANY OR ALL OF THE FAI'I'H AND CREDIT OF ANY OF THF-SE EMITTCES.
NTElI'HER THE STATF OF WAS1iCNIGT0N, TII:C ISST.JER, AIerY iV1UNlCIl'A.LI.TY,
OR ANY 0'[7}4ER MUN7:C.l]?A,L CORP012ATION, QUASI MT3NTCIPA.T
CORPORA'IION, SUBDIVISION: OR AGENCY OF THE STA1'E OF WASHINIGTON'
IS OBLIGA'I'ED TO I'AY THE PRINCIP.AL OR T1-iE I:NI'I"EREST 'i`HEREQN. NO
TAX FUNDS OR GOVEI2NMENTFIL I2EVENT[JE. MAY BE USED TO PAY THE
PRTNCTPAL OR TN'.IEREST THEREON. iNETTHER ANY OR ALL OF THE FATI'H
AND CIZEDIT NIOR TH:E TAXING POWER OF THF STATL OF WASHINGT0N,
THE rSSUER, rF A,NY, OR ANY MIJNICIPAL CORPORATION, QUASI
MUNICI'PAL COR.PORATION, SUBTa1VISION, OR AGENCY THEREOF 1S
PLFDGED TO TBE PAXM'.ENT OF THE PRINCIPAL OR OF THE 1NTE-R:EST ON'
THE BONjDS.
Section S. This Resolution shall be elfectivc after its adopdon.
ADOPTED by the Washington Economic Development Finance tluthority this
22nd day of September, 2004.
'R'ASHANGTON ECON0MZC DEVELOPMENT FINANCE AUTHORI'TY
B y: ;
Chair
Resolution \70. W-2004-009 1'age 4 af 7 SePtember 22, 2004
FfiHIBIT A
llLSCRrP'fION OF PROJECT .AN17 SITE
The Projects will consist of:
(1) $700,000 - Trucks and contaiticrs to be loealetl at: Rural Skagit Sanilation, 15878
Aetersan .Road, Burlineton, Skagit County, W.4 98233- 3634;
(2) $2,255,000 - Landfill cell development & capning, ]eachaie and methane gas
systems, land purcliase and building construction lo be located at: Greater Wenatchee
Regional Landfill, 191 Webb Place South, Wenatchee, I7ouglas COUnCy, WA 98802-
9384;
(3) $5,625,000 - True}:s, containers, land purchase and buildinD construction io be
located at: WIvI Sound, 701 2nd Street NW, Auburn, King County, WA 98001-5255;
(4) $480,000 -Landfill cell development & capping to be located at: Graham Road
Landfill, 1820 Graham Road South, yledical Lake, Spokane CounEy, R'A 99022-9790;
r~ (5) $1,558,000 - Trucks, containers and building construction to be located at: WN[ of
Ellensburg, 607 Railroad Avenue North, Ellensburg, Tiittitas County, WA 98926-2766;
(6) $2,481,000 - 1'rirnaiy equipment to be located at: Cascade Recycling Center, 6211
234th Street SE, Woodinvillc: Snohomish County, WA 98072-8658;
(7) $1.150,000 - Trucks and cnntainers to be located at: WM of K.ennewick, 1611
Washingron Street South, Kennewick, Benton County, WA 99337-4851;
(8) $811,000 - Trucks, containers 3nd primary equipment to be located at: Vl'M of
Airway Heights, 11324 McFar.lane Road West, Airway Heights, Spokane County, VdA
99001-9763;
(9) $4;400,000 - Trucks and containers to be 14cated at: "ArIvI: Seattle, 8111 l st Avenue
. South, Seattle, King County, WA 98108-4202;
(10) $1,135,000 - T.rucl:s and containers to be locatcd at NIrlvI of Wenatchee, 711
Wenatchee Avenue North #A, Wenatchee, Chclan County, WA 98801-2061;
(1 l) $965,000 - Trucks and containers to be located at: W~I Sno-King; 13225 126[h
Place I~'E, Kirkland, King Cou»ty,1WA 95034-2217;
Resolution No. W-2004-009 Page 5 af 7 September 22, 2004
(12) $1,900,000 - 1'rucks, cantainers, primary equipment and land purchase to be
]ocated at: VVM of Spokane, 11720 1st Avenue East, Spolcane Valley, Spokane County,
R'A 99206-5344.
Resolution No. tiV-2004-009 Page 6 of 7 September 22, 2004
~ CERTIFICA'I'E
I, che undersigned, Secrctary of the Washinglan Economic Devclopment Finance
Authority (herein callcd ihe ".Issuer"), DO HFREBY CFRTIFY:
1. That the altachecl Resolution No. Vi'-2004-009 (herein called the "Resalution") is a
tive and correct copy of a resolution of the Issuer as finally adopted at a reDular meeting
of the Board of nirectots of Che Lssuer held on the 2211d day of September: 2004, and duly
recorded in my oFfice.
2. That saici meeting was duly convened and held in all aspects in accordance with law,
and, to the extent required by 1zw and the by-laws of the Issuer, duc and proper nocice of
such meeting was given; that a legal quocum was present ttu•oughout the meeting and a
legally suff'icient number of inembers of the Washing[on Economac Uevelopnient Finance
.Authority_ voted in the propcr manner for ihc adoption of che Resolutian; ehac al] other
requirements and proceedings incident to the proper adoption of the Resolution have been
duly FulFilled, camed out, and otherwise observed; and that I ain authorizPd to execute
this cenificace.
N ViTi'TNTSS THEREOF, T. have hereunto set my hand chis 22nd day of September,
2004.
' ecrecary
r"
Kesolution No. W-2004-009 Page 7 of 7September 22, 2004
WASH:I:lljG-TOrif ECON'OjV[IC DEVELOPMENT
FN".t_"U\T C%E A.UrHOR1.1rY
100O SecondAi1encre, _Srrrle 2700 0 :Secrttle, N'A 98I04-1046 (206) 587-50'3=1 • FAX (20(p) :3$9-2819
H'-!l?ail: iveqftt@)vsltf'c.i»g
January 19, 2405
Mr. David tilercier
City Manager
City of Spokane Valley
11707 E. Sprague Avc., Suite 106
Spol:ane Vallcy, WA 99206
Re: Washington Lconomic Development Finance Authoriry (`'VLDFA) - Tax-
ExemptlTaxable Econamic Development Revenue Bond Programs
$27,000,000 Waste iManagement; Inc.1'rojecc Dear vir. Mercier:
i
Waste Management, Inc. is plau.n.ing co purchase land and conscruet a building to be used as part
of a salid waste facility at 11720 First Avenue East in Spokane Valley. They intend to financc
hoth this projcct and several others ttiroughout the siate through the issuance of WEDFA's tax-
exempt nonrecourse economic devclopment revenue bonds.
Lee McCornuck, Vllaste lvlanagement's Fi.nancial Aclvisor, would be happy ta provide you with
any further information that you might find helpful reoarding thc project. His telephone number
is: (281) 361-4433. -
:[t is the policy of the WE.17FA baarci only to issue bonds -in support of projects which would be
wclcomeci by the local comn-iuiuty. As parc of the issua,uce procesa, lhereforc, we woulci like the
Spokane Valley City Council as the plaiuung juriscliction, to consider passage of a Plaruiing
Jurisdiction Approval re,solution, in fonn substantially as attached, in behalf of the VVashington
Economic Dcveloprnenl Finance Authoiity (WEDFA) to issue tax-ehempt economic
development revenue bonds.
We wish to emphasize that the only purpose of this resolution is to apprpve Waste
Management's use of wVET)FA. financing for this project. It does not supplement or replace any
portion of the normal pemutting process. There is no liability against the City oi'Spokane
Valley, the state, or any other political entity creaied by issuance of ~~TEDFA's boncts.
~
~ i
JOBSArVD EC01V0MIC DEVELOP1YlEiVT THRDUG.FI R.EVL'NIIE.KOND FIN4NCI1N'G
Ivl.r. David M:ercier
City Manage.r
Ciry of Spokane Valley
January 19, 2005
P3be tW0
iVe are planni_ng to issue the bonds toward ihe end of Marc;h. It would grcatly assist otir timing if
the Spokane Valley City Council coulci consider this approval at an carly mecting. I would
appreciate it if you coula sencl me a copy of the approved resolution should the Council look on
our request favorably.
Please let me know how we ca.n work. together to facilitate this process. If you have any
questions, please do not hesitate Co grive me a call. My telephone number is: (206) 587-5634.
I look forward to workuig witll you on this project.
Siucerely yours, U
~ Janathan A. Hayes
Executive 17irector
cc: L. McCormick
~ ,J
RE, SOI.:U'1'Ip\' NO. W-2004-009
A REiSOLUTTON OF '1':RE VVASHli\~GT4N ECONOvIIC DENTELOYM:FNT
FINANCE AU'CFIQRITY TAKING OFFCCIAL AC7'[QN TOWARD TH:E
ISSUA\CI+1 OT NONR1;COURSE ECU\'nvIIC DEVN:I,.pYAIENT REVFNU'E
BONUS lN QNE OR N4QREi SERI.I+:S YN A vL4X1MUN'I AMOUNT NUT TC)
EXCEED $27,000,000 AND AUTi'IQR1Z11\jG 7`HE EXECUTION nl+~` A\j
INDEiMINIFICA7'[ON Al\'D CnMPE~TSATIUN AGREENIENT TiY AiNTD
BETWFE1i 'T'IIE R'ASHI,NG'I`Q\i ECONOMIC DEVTKI,UPMEN"r FINANCE
AU7'HQI2ITY AND WAS'1'E viANAGEMENT, I1jC. AND/UR 1'1'S AFFILIATES
A1'D SUBSIDIAR.['I+:S(the "Company").
W1IEREAS, the Washington Econornic llevelopmen[ Finance Authorily (the
"Lssuer") iz a duly or;anized and existing instrumentality of the State of Washington
authorized and empowered by the provisions of RCW Chapter 43.163 (collectively, the
"AcN") to issue nonrecourse economic clevelopment rewenue bonds for the purpose of
carrying into effect the construction of improvements and the acquisilion of Personal
properties and provide working capita] suitablc for use by any economic development
activity, and to loan its moneys when neces.sary or canvenient to carry out its powers
under the Ac[; ancl
WHEREAS, the Company has informcd the Issuer that it wishes ta acquir.e,
construct, equip, and improve the solici waste disposal facilities to be ]ocated in various
locations in the state of Washington, as more fully de.scribecl i» Cxhibit A attached hereto
and incorporated herein (the "Site"), all of which are l4catcd within the terriCOrial limits of
the Sttite of Washington, ancl the Company has requested the Tssuer to issue non.recoursc
econonlic developmcnt revenue bonds (the "Bonds") in a maximum amount not to cxcecd
TWEiN'TY SFVEN MII..LION dollacs ($27,000,000) pursuant to the Act to carry into
effect the acquisition, construction, equipping, and ilnproving of real and personal
property and provision of working capital at the Site tU bc usccl in the solid waste clisposal
fACilities of the Company, as more fully describcd in Exhibit A hereco (the "Project"), to
]oan the proceeds of the Bonds ta finance the acquisition, construction, impravement:
equipping, and installation oF the Project; and
WHEREAS, a form of agreemem designated as an "lndcmilification and
Compcnsation Agreement" has been prepared setting fortll the respective abrecmcnts and
undertaF:ing of the Tssuer and the Company with respect to the Bonds and the Project; and
WHEREAS, it is considered necessary and desirable Ior the best interest of the
lssuer that the T,ndemnificafion and Compensation AbreemenC be executed for and on the
behalf of the Issuer; and
Resolution yo. W-2004-009 Paoe 1 of 7 Septcmber 22, 2004
~~VHERFAS, the lndemnification and Compensation Agreement reyuires the
Company to pay all reasonable and necessary costs incurred by the 7ssuer in connection
wilh the Bonds and/or in connection with the Project, and
WHEREAS, the Tssuer finds lhat the Project constitutes the development and
improvcment of econ4mic development facilities under the Act; and
WHEREAS, it is inteiided that this resolution shall constitute a declaration of
official intent to reimburse Project expenditures within the meaning of Sections 1.103-
(8)(T)(a)(5) and 1.150-2 of the Fecleral Licome Tax Regulations.
N0R' Tt-EREFORE, be it resolved by the WashinDton Economic Development
Finanee Auchorily as followti:
Seccion l. It is hereby determined that (a) the acquisition, construction and
installation of the Project and its operation as an economic development facility; (b) the
issuance of the bonds of the Lssuet in one or more series and in a maximum amount not to
exceed $27,000,000, to finance cnsts of the Project, such total costs tn be finaneed by the
Bonds presently estiinated to be appraximately 527,000,000; anri (c) the executian and
delivery of such cantracts and agreements with the Issuer as are necessary to provide for
[he payment by the Tssuer of amounts sufficient to pay the principal of, premiiun, if any,
and incerest on the Bonds, together with cet-tain costs of the ]ssuer, will all be in
~ furtherance of the Act.
Section 2. Subject to t.he conditions listed in Sectian 3 below, including such
other condilions ati in the jucloement of the Issuer and bond counsel are necessary ca
insure the valiclit,y of thc Bonds and the tax-exempt or taxable status of the Bonds, it is
the intcnt of the lssuer to proceed toward the issuance and sale of the l3onds pursuant to
the provisions of the Act. Nothing in diis resolution shall be construed as legally binding
the Tssuer to authorize, issue, or sell the Bonds.
Section 3. The authoriLation, issuance, ancl sale of the 13onc1s by the Issuer are
subject to thc followinb conditions:
(a) the Company shall have caused Lo be issued an irrevoc:able letter of credit (the
"Letter of Credit") b_y an investment-grade raied commercial bank, acceptable to the
Issuer (the "Letter of Credit l3ank"), which shall be used to pay and secure the Bonds or
shall have secured a b4nd purchase aoreement (che "Bond Purchase Agreement") from an
Accredited Invesror, as such term is defineci in 17 CFR 230.501(a), acceptable to the
Tssuer, for the purchase of the Bonds;
(b) the Company shall enter into such contracts and loan agreements with the
lssuer as shall be necessary ro secure payment of the principal of, preinium, if Any, and
interest on ihe Bonds as when the same shall come due and payable;
Ftesolution No. W-2004-009 Page 2 of 7 September 22, 2004
(c) on or before two (2) years from the date hereof (ar such latcr date as shall be
mutually satisfactory to the Issuer ana the Company) the Issuer and the Company shall
have agreed to mutually accepuible terms and conditions of the contracts and agrecmcnts
referred to in paragraph (b) of this SECtion 3;
(d) the Issuer shal] have receivecl an opinion of bond counsel that, with certain
cus[omary exceptions, such of the Bonds which it is intended shall be issued as tax-
exempt obligations may be so issued pursuant to the provisions of the Internal Revenue
Code of 1986;
(c) if required, the Tssuer shall have received an allocation of the State ceiling on
private activity bonds imposed by Serction 146 of the Internal Revenue Codc of 1986 in
an amount equal to the aggregate face amount of such af the Bonds as shall be issued as
tax-exempt obligations, and shall have allocated such amount to the $onds;
(f) the Issucr shall have recei<<ed evidence thal the county, city, or town within
whose plannina jurisdiction the Projcct lies has approved the Projcct and the Bonds or
such other evidence satisfactory to the Issuer that the Project will be welcomed by the
community in which the Project will be located; and
(g) such other canditions as in the judgement of the Issuer and bond counsel are
necessazy to insure the validity of the Bonds and the tax-exempt status of such of the
Boncls a.s shall be issued as tax-exempt obligations.
Section 4. The proper ofEicials of the Issuer are hereby authorizcd ta take such
further action as is necessary to carry out the intent and purposes hercof under the terms
and conciitions stated herein ancl in c4mpliance with the applicable provisions of law.
Section 5. That il is deemed necessary and advisable that the Indemnification
and Compensation Agreemenl be approved and executecl for and on behalf of the Issuer.
Section 6. `I`hat an Indemnificstion attd Compensation A~,~reement by and
between the Issuer and the Company be, and the same is hereUy, Approved and authorized
and the Chair of the Tssuer is hereby authorized co execute the Indemnification and
Compensation Agreement on belialf of the .Issuer.
Sectian 7. Each Bond, wllen ancl if issucd, sllall substantially state the
followino language on the face thereof:
THE OBLIGATIONS OF 1 BE ISSUER HERECFNDER SHALL N0T BL
DELNIF-ll TO I3E A DEBT, LIABILITY, OBLIGATiON, OR PLEDGE OF THE FA1TH
AND CREDTT OF THE STATE OF WASfffiKGTON, OF ANY MUNTCI'pALITY, OR
OF ANTY MUN'[Cll'AL CORPORATION, QLTASI NIUM. CLI'AL CORI'017ATION, .
SUl3DIVISION, OR ACENCY OF THE STATE Or WASHIINIGTON, OR TO PLEDGE
Resolution Nn. W-2004-009 Page 3 of 7 Septemher 22, 2004
AiY OR ALL OF THE rA1T1-i A-NTD CR.EllIT df .4NY OF TklESE ENTITIES.
NET'I'HER THE STATE OF WASHIVGTON, THE ISSUER, F1NTY MLNICTPALl'I'Y,
OR ANY OTHER M'U'NTICIPA:L C0171'OR.ATION, QUAST NIUNICll'AL
CORI'ORATION, SU'1317TVISIOiv, 012 AGENCY OF THE STATE OF WASHINTGT()N
IS OBLIGA'1'ED TO 1'AY 1f-iE 1'RINCIPAL OR TBE TNTEREST THETZEON. iV0
TAX PUNDS OR GOVEItNMENTAL REVENUE MAY BE USEI7 TO PAY TFTE
PRIiNCIPAI. OR IN'TEREST TH:CItE-ON. iNE1TFTETZ .A1~TY 012 ALL OF 1 HE FA1T'H
AND CREDIT NOR THE TAXlivC PON'VER OF THE STA'[E OF WASHNCTTON,
THE ISSUER, IF ANY, OlZ ANTX MUNICIPkL CORPORATIpN, QiJAST
IvTUNfICII'AL COIZPORATION, SIJBDnqSION, OR AGENCY THCREOF IS
1'LEDGEl7 TO THE PAYMEVT OF THE PRCiC1PAi. OR Of THE iN1E12EST UN
THE BONDS.
Section 8. This Resolutron shall be eftectivc afier its adoption.
ADOPTFI7 by the Washington Economic Development Finance Authority this
22rid day of September, 2004.
WAS1•IINIGTON ECONONC[C DEVE-LOPMLNT FIiNANCE ACJTH012ITY
~
~ B y.
Chair
~ J
Resolution Vo. W-2004-009 Page 4 of 7 September 22, 2004
EXMIT A - ,
~
DESCRIPTION OF PI20JECT AND SITE
The Projects will consist of:
$700,000 - Trucks and containers to be located at: Rural Skagil Sanitation, 15$78
Peterson Road, Burlington, Skagit Counly, WA 9$233-3634;
(2) $2,255,000 - LandEiU cell development & capping, leachate and methane gas
systems, land purchase ancl building constt-uction to be located at: Greater Wenatchee
Regional Landfill, 191 Webb Place South, Wenatchee; Douglas County, WA 98802-
9384;
(3) $8,625,000 - Trucks, containers, land purchase and building construction Co be
located at: NVNt Sound, 701 2nd Street NW, Auburn, King County, WA 98001-5255;
(4) $480,000 - Landfill cell development & capping to be located at: Graham Roacl
Landfiil, 1820 Grahain Road South, Medical Lake, Spokane County: WA 99022-9790;
(5) $1,558,000 -Trucks, containers and building construction to be located at: IVM of
Ellensburg, 607 Railroad Avenue North, Fllensburg, Kittitas County, WA 98926-2766; ;
,
(6) $2,481,000 - Primary equipment to be located at: Cascade Rccycling Center, 6211
234th Street SE, Woodinville, Snohomish County, WA 98072-8658;
(7) $1,150,000 - Trucks ancl containcrs to be locatecl at: WM of Kentiewick, 1611
Wiishington Street South, Kennewick, Benton County, WA 99337-4851;
(8) $811,000 - Trucks, containers and primary equipment [o be loct►ted at: NvM of
Airway Heights, 11320 McFarlane Road West, Airway Heights, Spokane County, WA
99001-9763;
(9) $4,400,000 -Trucks ancl containers to he locatecl ar. WIvI Seatde, 8111 ].st Avenue
South, Seattle, Tting County, WA 98108-4202; (10) $1,135,000 - Trucks and containers to be located at WM of Wenatchee, 711
Wenatchee Avcnue North #A, Wenatchee, Chelan County, WA 98801-2061;
(11) $965,000 - Trucks and containers to be located at: `'Jlvl Sno-King, 13225 126th
Place NE, K.irkland, King County, WA 98034-2217;
~ J
Resolution No. W-2004-009 Fage 5 of 7 September 22, 2004
(12) $1,900,000 - Trucks: containers, primary equipment ancl land purchase to be
located at: WM of Spokanc, 11720 lst Avenue Last! Spokane Vallcy, Spokane County,
tiVA 99206-5344.
~l
Resolution No. W-2004-009 Page 6 of 7 September 22, 2004
CERTIFiCATE
~
I, t.he undersigned, Secretaiy of the Washingtnn Economic Develapment Finance
AuChorily (herein called thc "Issuer"), DO HEREBY CERTIFY:
1. That the attached Resolution No. W-2004-009 (herein calleci the "Resolution") is a
true and conect copy of a resolution of the Issuer as finally adopted at a re~ula~• meeting
of the Board of Directors of the Issuen celd on the 22nd day of September, 2004, and duly
recorded in my office.
2. That said meeting was duly convened and held in all aspects in accordance with law,
ancl, to the extent required by law and the by-laws of the Issuer, due and proper nocice of
such mecting was given; that a legal yuorum was present throughout the meeting and a
legally sufficient nurnber of inembers of the Washinbton Econonuc Developrnent Finance
Authority voted in thc proper manner fnr the adoptiAn of the Resolution; ehat all other
rcquirements and proceedings incidenc tA che proper adoption of the ResolutiQn have been
duly fulfilled, carried out, anci otherwise observed; atid that 1 am authorized io execuce
this certificate.
IN' WITNESS THEI2EOF, I have hereunto sec my hand this 22nd day of September,
2004.
' ecretary
Resolution No. W-2004-009 f'age 7 of 7Septembcr 22, 2004
CITY OF SPOKANE VALLEY
~ Request for Council Action
Meeting Date: 02-08-05 City Manager Sign-off:
Item: Check all that apply: ❑ consent ❑ old business ❑ new business ❑ public hearing
❑ information ❑ admin. report ❑ pending legislation
AGENDA ITEM TITLE : Motion Consideration: Pines/Mansfield Development
Agreement(s)
IGOVERNING LEGISLATION:
PREVIOUS COUNCIL ACTION TAKEN:
BACKGROUND:
This item is reserved on the agenda in the event there are developer mitigation agrecmenls ready for
presentation to the City Council for motion consideration.
.
OPTIONS:
RECOMMENDED ACTION OR MOTION:
BUDGET/FINANCIAL IMPACTS:
STAFF CONTACT: Neil Kersten
ATTACHMENTS ,
~ CITY OF SPOKANE VALLEY
Request for Council Action
Meeting Date: February 8, 2005 City Manager Sign-off:
Item: Check all that apply: (:1 consent 0 old business ❑ new business ❑ public hearing
❑ information ❑ admin. report [j pending legislation
AGENDA ITEM TITLE: Local Agency Agreement and Federal Aid Project Prospectus with
WSDOT for PineslMansfield Corridor Congestion Relief Project
GOVERNING LEGISLATION: N/A
PREVIOUS COUNCIL ACTION TAKEN: 1) Approval of Six Year Transportation Improvement
Plan, which includes the PineslMansfield project, 2) approval of application for federal grant
funding for the Pines/Mansfield Project, 3) approval of Fuel Tax Grant Distribution Agreement
with the TIB for the Pines/Mansfield project
BACKGROUND: Back in late 2002 Spokane County received a$2.2 million TIB grant fior the
Pines/Mansfield project. Upon incorporation the City of Spokane Valley has taken on the
~ responsibility for completing this project. Public Works recently applied for and received from
SRTC a$1.6 million grant that completes the funding package for this project allowing the
project to move forward.
To begin the design phase, the City must enter into a Local Agency Agreement with the
I+VSDOT. A Local Agency Agreement is a standard WSDOT agreement required on all projects
where federal funds are received. Once the agreement is executed Preliminary Engineering
(PE) funds can be released for the design phase of the project.
Attached is a copy of the Local Agency Agreement and Project Prospectus that must be signed
by a city official and returned to the WSDOT for processing and approval.
OPTIONS: 1) Approve agreement, 2) reject agreement, or 3) provide additional direction to
staff.
RECOMMENDED ACTION OR MOTION: Authorize the City Manager to execute the Local
Agency Agreement and Project Prospectus for the Pines/Mansfield project.
BUDGET/FINANCIAL IMPACTS: Local match for this project is $55,000 which is included in
the 2005 Street Capital Projects Fund budget. The total estimated project cost is $3,963,825.
STAFF CONTACT: Steve Worley, Senior Capital Projects Engineer / Neil Kersten, Public
Works Director
ATTACHMENTS Local Agency Agreement and Project Prospectus
~ Washington State Local Agency Federal Aid
~ Department of Transportation Project Prospectus
Prefix Rou9e y
: ederal Aid Projecl Number CM 27 Daie 2l$12005
Local Agency WSDOT Federel Employer
Project Numtrer SRTC04-21 Use Only Tax ID Riumber 71-0914170
Agency Federal Program Title
City of Spokane Valley N 20.2055 ❑ 20.209 ❑ 0lher
Projed Title Siar Latitude N Start Longitude W
PineslMansfield Corridor Congestion Retief
End Lafftude N End tongftude W
Projeci Termini From To
Pines M Indiana `'1'ilbur at Montgomery
From: To: Length of Projecl Award Type
0.75 miles 23 Local ❑ Local Forces ❑ State ❑ Railroad
Federal Agency City Number Counry Number County Name WSDOT Region
0 FNWA Z Others 1223 32 Spokane EAST
Congressional Distrid Legislative Districts Urban Are a Number 7rAA 1 MFO l r TPO
5 4 2 SRTC
Total Local Agency Phase Start
Phase Estimated Cost Funding Federal Funds Date
NearesE Hun(ired Dollar Nearest Hundred Dollar) Nearest Hundred Doflar Nonth Year
P.E. $307,000 $217,100 589,900 ?iznas
RM $725,000 S512,700 $212;300 5/2005
ConsE. 52,931;800 S2,073,500 $858,300 5l2006
Total S3,963,800 $2,803,300 $1,160,500
DeSCrI tlon of ExiStin FaCill (Existing Design and Present Condition) -
Raadway Width Number o! Lanes
18 2
'Ihe cwreni LOS ofthe existing faciliry is "F". Within the last ihrsc years of collision data available, there have been 84 '
reported collisions in the Nines Rd./Indiana Avenue c.orridor of which 42 were multiple mjucy accidenu. Most of the collisions
reported wsre rnoving rear end collisions. There was one pedestriau accident, several angle accicfents and one head an accident.
T6e genera] strvctural condition of Wilbur Road between Montgomery Road and Mansfield Ave is avcrage with a condition
rating of 59.8 based on the WSDOT ratine method. Tbe general structrual condirion of viansfield Ave.. is poor "ith a conditon
raiinQ of 21.
Descri tion of Pro osed Work
Raadvray Width Numbe, of Lanes
0 New Construction ❑ 3-R ❑ 2-R 46 3
This project .vill re_configure the WB ramps of I-90 ac SR-27 (Pines Rd.), using the existing slip ramps to indiwa Ave. and
Mantoomery Ave. WB off-ramp traffic will use the slip ramp to a signalized intersectian at Inciiana Avenue. WB on-rdanp
traffic will use the slip ramp at Mpntgomery Avenue. To improve operaeion of thQ WB on-ramp and ensure safety, the portion
of Montgomery Ave. bettiveen Pines Rd. and the slip ramp will be one-way, westbound only. Therefore, to provide access co
Puies Rd. for tbe proPerties wcst of Pines Rd., Mansfield Ave. will be irnprovcd to a three-lane section, with a traffic signal at
the iniersection of Mansfield Ave. & Pines Rd. Curb, oU11ET, sidewallcs and bike lanes will also be constrvcted. In addition, a
siiznal will be installed at the Mirabeau Pk-w 8: Pines Rd. intersecrion to brine this intersection u eo an accQ table L-OS.
Lo,:al Agency Gontact Person Title r'hone
Sceve M. Norley, P.E. Senior Capica] projecis Eneineer 509-688-0191
Mailing Address City State Zip CQde
11767 E. Sprague Avenue, Suite 106 Spokane Valley WA 99206
By ~
Design Approval Appravfng Profess9onal Eng9neer
Title Date
DOT Farm 140-101 EF Page i of 3 ■ Supersedes Previous Editions ■
ReA sed t 2r2D02
Aoency Project Title Date
City of Spokanc Valley YineslMansfield Corrider Congescion _Kelief 2J8P2005
C Geometric Design Data
Descripfion Through Rouie f Crossroad
n Principal Arterial O Principal Arterial
Federal ~ Urban ~ Minor Arterial ~ Urban N Minor Arterial
❑ Collec#or ❑ Collector
Functional
❑ Major Collecxor ❑ Major Collector
Classification ~ RUfal ❑ Minor Collector ❑ Rural ❑ Minor Collector
❑ Aocess SfreeURoad ❑ Access StreeURaad
Terrain 0 Flat O Roll p Mountain ~ 0 Flat p Roll O Mountain
f'osted Speed 35 35
Design Speed 45 45
Existin ADT 16758 7354
Qesign Year ADT N/•a r7/A
Qesign Year 2425 2025
Design Hourl Volume DNV) `/A
Accident - 3 Year Experience
Property Inlurv Accidents Fatal Aocidents
Year Damage Number of Number of Number of Number of Total Number
Accidents Accidents Injuries Accidents Fatalities of Accidents
1999-2002 42 42 84
~ Performance of Work
Preliminary EnginQering Wi[I 3e Pertormed By Oihers Agency
Spokane County & WSDOT 100 % %
Constnuclion Will 8o Performed By Contract Agency
Contractor 100 % %
Environmental Classification
❑ Final 0 Preliminary
❑ Glass I- Envtronmental Impact Statsmsnt (EIS) ~ Class II - Categorically ExdudQd (CE)
❑ Prflject Involves NEPAlSEPA Section 404 ❑ Projects Requiring Documentation
Interagency Agreement (Documented CE)
❑ CI2ss III - Environmenfal Assessmenf {EA} ❑ Prnject Involves NEPfaISEPA Seckion 404
Iniaregency Agreement
Environmental Considerations
DOT Fotm 140-131 EF Page 2 of 3
Revi;ed 1212002
Aoency Project Tiile Date
City of Spokanc Valley ~ Pines/Mansfield Corridor Congestion Relief 2/$/2005
Right of Way ~
❑No Right of Way Required ~ Right of Way Required
' All construcfion required by the
contract can be accomplished ~I No Relocation ❑ Relocation Required
within the existing right of way.
Desuiption af Ut[Ilfy RelocaUon or Adjustments and Existing Ma)or Strudures Invofva.d in the Project
FAA Invalvemend
Is any airport locatsd within 3.2 kilometers (2 miles) of the proposed project? ❑ Yes ~ No
Remarks
, ~ .
~
.
This project has been reviewed by the legislative bady oi the administration agency or agencies, or it's designee, and is
not inconsistent with the agency's comprehensive plan for community development.
Agency City of Spokane Valley
Date By
PdaywfChairp=rson -
-
3
Doi Farm 140-101 EF Page 3 of 3
Revised i 2/20D2
Alik
WaShinyion State Local Agency Agreement
VFW Department ot Transportation
Agency Ciry of Spokane Vallcy CFDA No. 20.205
(Catalog of Fetferel Domestic Assistance)
Oddress C/O Public Works Depa.rttnent Project No.
11707.E. Sprague Avenue Agreement No.
Spokane Valley. VVA 99206 For OSC WSDOT Use Only
I7ie L.ocal Ag.ncy having complicd, on c=hy ngreeing tn comp1y, µitki the terms and conditions set fortli in (1) Tide 23, U.S. Code Highways, (2) the reeulatious issued
pursunnt Lki.reto, (3) Officc ofMaoagcmem snd EudgcE Circulars A-102, A-87 end A-133, (4) the policies anci procedures promulgated by the Nashine[on State
Q:pjutenent of Tnutsportntion, aud (5) the faderal nid project agrcxmcnt eait..rcd into bctvrern ihc Siatc and Fedcasl Govemment, relt►tive to the e6ov: projat, the
Wushinecar, State Deparunent of Trnsssportetioa will authorizc the Local Ascncq to pron_'ed on the rymjx,t by e separate notification_ Federal funds Nvhich :ue io bor
ohligaeed fo; the project mey noa excerd the Eunount shoun Lewun on luie r, column 3, withouf aTitten authoriq, by the Srxtc, ;ubject m the epproval nf thr Fed:ra!
liigliway .Abministration. .411 project en51s noi reimbursec( by the Federal Gavermne:n[ stiall be the respousibility of the Local Agcncy,
Project Descript.ion
Name Fines/Mansfield Corridor Congestion Relief Length 0.75 miles
Termini Pines R.oad
Description of Work 7'his project will reconFgttre the VVA raiiips of I-90 at SR-27 (P'vnes ftd.), using the exisCing slip ramps to Incliana Ave,
and tifontgomery Ave. Nliinsfelc! Avc, will he imnroved to a three-lane section; with a traffic signal at tbe inCersection of
Mansfield Ave. & Pines Rd. Curb, guYter, sidewalE:s and bi}:e lane.s will aiso be constructed. in addition, a signal will be
installed at the M..irabeau P}cwy & Pines Rd. intersection.
Estimate of Funding
Type of Work (Z) (3)
Estimated Ti otal Estimated Agency Estimated
Pro'ect Funds Funds Federal Funds
`)E a. Agency 10,000.00 1;350.00 8,650.00
86.5 % b Othsr (5120. C2.) 97;015.00 13.097.00 83 918.00
c. Other ~
Federel Hid ~ S~~g~ 200,000.00 27,000.00 173,000.00
Participatfon
Ratio Eor PE e. ToEal PE Cost Esfimate a+b+c+d ~ 307,015.00 41,447.00 265,568.00
Right of Way f_Agency
% Other Consultant 6 ~
h. Other ~
Federal Aid i. Sta6e
Parildpailon ~
Ratlo for Rbv . Total RNV Cosl Estimate f+ +h+i "
Construction k. Contract (
1. Other ~ h
m. Other A
n. Other _
% o. Agency
Federal Aid State
Parficipafion - . .
Raiio for CN . 7otal CN Cost Estimete k=1+m+n+o=
r. Totzl Project Cost Estimate (e+j+q) 1 307,015.001 41,447.00 i 265,568.00
Agency Official Washington State Department of Transportation
By BY
L__ lfiEle C+ity Manager. Assistent Secdetary far Hlghways and Loval Pragrams
.C.iq_o.f_Spokane-V.alley. Date Executed
aaT : orm 140-039 EF ~
Revisea 10)02
Construction Method of Financing (ChBGkM'slhodSefecied)
State Ad and Award
❑ A4ethad k- Advanr.e Payment - Agency Share of toial canstructian cosi (based on contract award)
❑ A4ethod B- Witnnold from gas tax the Agencys share of total consL-uction cost {line 4, column 2} in the arnount af
S at 5 per month for months. ~Local Force or Local Ad and Award
~ Msthod C- Agency cost incurrsd with partial reimbursement
7he Local Agency further stipulates thaf pursuant to said TiUe 23, regulations and policies and procedures, and as a
condition to payment of the federal funds obfigated, it accepts and will comply with the applicable provisions sef forth
belovr. Adoptsd by official action on
, ResQlutionlOrdinance Mo,
Provisions
1. Scope of Work 1. Preliminnry cngineering.
'1'hc AgencV 56u11 provide aLl ttte work, labor, materials, nnd ccrvices nerrssery 2_ Right of way ecquisition.
tn perfurm ttie projoci wttich i; dcscribzd and set farth in detuil in the "Projeet 3. Project canstructinn.
Descripdon" and "I'y-pe of VJork."
ln the ev:nt thaR rie6t of w'aV aeyuisitiun; or actual constructinn qf the roxd, for
Vlben the State acts for and on behalf of the Aeency, the 5tnte slaall be deemed ,tihi:.h pretuninary eneineering is undertakea is not stanad by Lhe closing nf the unth
an agcnt af the Agenry and shall perfonn the services de;cnlicd and indicated in fiscal ycxr following the fiscal y:ar in which the agreemrnf is cxecuted, the Aeeocy
"Type of Worl." on the face of this sgrecmrnt, in arcordsnce with plans and µ•ill rcpa}, tn the Suite the sum or sums of federal fiuids paid to the Agrney under the
specificetions at propcLsed b}• th: Agent-y and approved by the Seate and the t.ams of this asrecment (sec Ssxaion iX).
Fedeaal Highwuy AdrninisUntion.
Wmcn the Stnte ucts for the Agency but is not subjecc to eh: right of convol by Th° Agcatey uerhes thut aLl swees uf tanstiuetion accessary to providc the initisliy
the Agency, the Staie shall have the right to perform the wo;k subject to the Piatmed complete feciliry witliin the [imits of chis projecc will conform to at leasi the
minimum values set by approvad statewide desip startdazds applicablc to ihis cl :ss
ordinar}, procedures of the Smte nnd Federal Iiighwny Administrarion. of tiighwnys, even though such addiciona] wbrl: is financed aithnut fnderal aid
II. Delegation of Authority pPmciparion.
The Sute is willing to fulfill the resPonsibilicies to the Peclera! Guvernrnelit by 'Ihc Agcncy agr:es thut an fecfera] eid hiphwa}' cvnstruction projeecs, the current
the adminisErulioo cif this projxt. 73te Agency ugrc:s thsa the Stau;hall have the federal nid regulntions wtrich apply to liqaidatccl da.mages relotive to th: busis (if
full outhority to rarry out chis adminisrrstion. "F'he Stete shal] rrn-iew, process, and fcdcral pn.rticiFraYion in the Pmjxt cosf sheU bc p.pplicahle in the svent the eontracy '
approve doeumcr,ts ret{uired far federsfl aid reimbursemenl in accordano: wlth fails ta cflmplete the oontrmct wi[hin [he contract time_
feda7fll aCqLLiPCRlpilS. If 1h6 $iBiC fldVfrtISG A7td RA'AICIS tht CPAm6C1, t}IC SUllO VI. Payment and Partial Reimbursement
will fuAher nCt for the Agcncy in all rttatters concernine the project ns request9d
hy fh^. Agency. If the Local AgeneY ndv:rtises atid awerds the projcct, the $tatc ~T ~~I cost of the project, includin~ al! re~•'crµ• and engin~cting costs avd
ShS1I I'CYICN' the vroric to easure conf'ormiry with the appraued plans uncl other expenses nf the Stnte, is co bs paid by the Agency und by the Fuieral
specifi.atians. Govcnunent. Fedcrai fienciing shRll bc in accorclancc wich the Trensportation
k.quity Act for the 2 t st Ccntury (TEA 21), as ecnrncled, and Officc of
III. ProjeCt Adminlstratl0►1 Mnnagemen[ ond Budgei circulars A-102, A-87 and A-133. The Siace sha]] not
Ccrttiin 1}Tes oT wbrk and Services shall bs prrnided by the Statc on this be ultimatety respansible for en}' of the casts af the projmt, The Agcncy shall be
praject ns reyuestad lsy the Agency and describad io the Type af WoT4: above. ln uttimatat}, rcspansiblt fo: uU cvsts tvssociateci with lhe proje.:-t wfiich arr nat
addition, the Statc will fiimish quali[ied persnnnel far [h: supervision and mimburscd by thr Fcdcra! GovcrnmenG Nothing in ttiis agracment shall be
inspez:tion of die wor}; in prosress. On l.aca! Agenc}, udvenised uod uwnrcfed construcd as a promise by the Statz- as to the nmouoi or nnxure of fedcral
prajee[s,17ie supcrvision and inspaction s6a11 be limitecl to ensuring all work is in Participetion in this projtxt..
eonCorman;x cvith approved plans, spccificatians, end federEil aid requireinents. ry'}« pg~ncy $hoI1 hill the stnte for fcdcral aid ptuj+r.t costs ineumed in conformity
'('he salary of such engineer ar other supervisor end all other salaries and coscs with applicable iederai and staic lavv;. 77ie agency sval] mirn[mirx th: time elapsr.d
incuned by Sintc forcc.c upan the projcct will 6e oonsidered n eost thereof. Ali betwcen rec:iPt of fedcral aed funds and su6saqu:nt payanent of incurrcd cosis.
msts related to this projecc incurred by employecs of efic Srnte in the custamar}, Expendiwres by the Locel Agenry for maintenance, geeeral adminisuation,
manner on highW~a}' Ps}Talls and vnuchen shall be chtu-g:~d as costs of the suyrrvision, and aiher uverhead shal! ❑ot 6e elieible for federat psnicipstion iinless
projecc. an indirect cast plan has bccn npprovcd hy WSDOT,
IV. Availability of ReCOrds 71ia State will pay for State incurred costs oa ilie projet;t. FulloKing
AII proje^,t rec.ord; in support of nll cosu inturred and actual expenditw•es payment, the 3tzite slia(I bill the Fede;al Goveminent for reimbursement of
kept by the Agcnc}, are to be maintained in accordencx wi[h loca] government thosc costs cligb)c for fedcrs) parricipation ao the cxtcn[ t6at such cos[s ure
uoeounting pmcedures prescaibed by the WasLington State Audiaors Officr., amibutnble and pmperly ullocable ta this proj:cL The Statr sha11 bill the
the U.S. Depar[ment of Trnnsportotion, end the VJa;hingwn Swe Departrnent ASKn~S' Cnr tFiat poKinn of State casts which were noc reimburscd try the
oCTransportat:ion.'I'hc recnrds Shall be oFr_n to inspwtion by the State and Federnl Governmcnt (sec 5sr_tivn IX).
gedcml Cmvcmm:nt at o!E reusonable cunes and shall be rctaincd and mede 1, project Consrnietion Crrsrs
evaitablc for sueh insp^..crion for a pcjiod oFnot less than three years Crom the
final pa}inent of any federal aid €unds to the Agency. Copies of said records Project consteue-tion funnneing wID be aecomplished 'a}, on: of the thrce
shall br furnishod to the State ond/or Federal Govemmcnt upon rcqucst. mediods as indicntsd in this agrecmeni
V. Compliance with Provisions
The .4gcncp shalf not incur ¢ny fedaral aid panicipation coscs oo any
dassificatian of work on d►is project untif audiarizcd in «-rinng by the Stste }'or ~
each clessification. The classi8rnflons of «roA- for projects a;e: ~
DOT Fnrm 149-039 EF 2
rZevisec3 1M
'
Mccnod a-`i'he Ag.ncy wIII PlHCcRit}I the S[Ai_, W12}►tn (?U) dA)'$ Rflcr the X. Traffic Control, Signing, Marking, and Roadway
eamurion oftfic consmtctinn conrrxct, an acivnnx in tije arnouoc ofthe Maintenanee
Agenry'S S6EUe of th: totml c:nnstruaiun evst bus:d un the contru'.f iIN-at[I. TI1C
Statc wiN notif}, th: Aeency oCEhe exact amount ta bo depositcd wri[h the Scete. The .4gcncy will no2 pcrmit an}• chonees to b: made in the prqviseons f(ir part:in$
The State will pty 311 costs incurrca undei thc comrect upoii presentation of rcgulntions snd ira.ffic flnntral nn this prnjcc[ cviihntn prior epprovnl of the 5tute und
errss hillicigs Gom the conaacEur. Following such paynnents, the Swte will Faderal Highwroy Administrotion. The A,gency will sot inswll ar pa..rmit to br
ibmiE e billin; to the Faderul Govemmrnt for the federal uid pdrti:ipatian instnllnd any siens, signuls, ar murY.ungs not in cvnfurmnn<•x witti the standerds
>:1nre of the cosL R'hcn the projcr_t is suhstantiatly complc[_d and final actual approvcd }r), the Fedcral Highwsy Administratian and tvSUTCD. The Agens}, %viIl,
costs of the projeu can be deaerroined, the Sinre wiil present the Asenc}, witN o e3 its own cxpense, mainuin the improvcmrna covcrrd by tfiis agrcemeni.
finnl billing showing the amnunt dir the Stut: ar the umount due the Ag.nc}'.
77eis billine wilJ be cEeared by eidier a paym^.nt from ilie Agericy ro dis Siaie or Xi. Indemnity
by n rcfiind from the Stxte to the Agmry.
'Me Agericy slioll ]iold the Federa] Govenuneut azid ch: SMte FLannltss Irom and
sliall pracess and dcfend 3t its oum cYpensc aU claims, clansnds, ar suits, wtieiller at
A4et6Rd B- The Agency's sfiare nf the totsl eonstractinn cost ss show'n nn lew• or equity, hraught against the ADency, State, ad Faderul Governmeni, nrising
the face of this aereement sh011 b:_ wiiliUeEd from its monthlv fue[ tax: Irom the Aeency's exe,.ution, performnnce, or f ilurs co perforrn nn}, nf'the
nilo[mants. i'he face of this agrcemcat establish:s the manilhs ia which the pi-ovisions of this agrccm:nt, or o" any othcr agrccmrni or oontrncc connecced wiSi
n9[hholdiog shall take pince end tn- cxac3 emaunt to br wi+lhheld eac.h month. this agmeement, or erisine by rruson of thr pertil-ipdtinn o£thr Ststr ar t'edcra)
'I'he aKent of wichhnlding w;ll be confrmed by lener Crom the Scate nt the «me Govenuneat ui die project, PROVIDED, oothuig h:r•ein sliall nequire the Agency w
of conuvct akvard. Upoii rexipt of progress billings fmm the oontrac.tor, the rejmbarse the StAtc nr the Pederal Governmenc for damages arising oui of bodily
3tute will sithmit such hillings m the Federo! Goti:mment for paynntnt of its injury tn persans or dumage to propeRY eaused by ar resulting frOm the so]e
parcecipa4ing purtiun of such billuags. negligence of the Federal Government or the 5rau,
:~te.tbod f' - Ilie A saomia v~u:hcts to the Stete in the f~rmat No liabilit}, shall atcnch [o the Sta[e o: Federal Govern~~ient except ns expr:ssl~~
$cncy ma~' proAd=d hcrcin,
prGCCribed by the Stute., in duplicate, not more ctian once per moath for [hose
Costs eligibf: for Fcdernl pariicirstian ta the extent that such costs err dirmily XII. Nondiscrimination Provision
atiributable and property allorable to this projeG. Expenditures by the LoCal 71ic .Agrncy shnll n4t di;criminate an the basis af rau:, color, narinnfll origin, or
Agency for iaainteuencs, gencral adminisuntian, supervision, and qther sex in the awnrd und performanee of any USDO T-assis[ed con[ran and/or
overhesti shnll nnt be elieible for Fex{.nel p;uticipution unless clauned undet a agreemeni pr in the eclminutration of its IJRk. program qr the rcquircments ot44
previnus!}' apptovec4 indirec.l cost plat►. i;PR Part 26. The Aeency shall ta&e ull ne:xssan' ond rrasunuble steps undcr 49
'I'be State shall reimburse ctie Agency for the Federnl sUare c+f eligible projeci CFR Port 25 [o ensure nonducrimuuation in the award snd administratian of
ensts up to the aenount shou'n on the faa of this ageement. A1 the tim: of U5CM77-assisted contrect.s and egreem:nts. 1'he V.'SDOT's D$E pragram, as
oudit, the.Agcncy will pmvidr documentetion of al] costs incurred an the nquircd by 49 CFR Pwt 26 and as epproved by ifSDOT, is incorpornted by
projeet. refesence in dhis ngrecmcn6 Implcmcntation ai this program is e ltgal obligotion
and failurc tn carry aut its trrms sha[I be treated rs eviolation of this aereement.
Thi! State shal] bi1! the Agency foc al] cos[s incuned by the 3mte relntive to Upon notification to the Ageacy of its failure to cany aut its approved program; the
the project. The SUtle shall elso hiU the Agrncy for the fhderal funds paid by pepnrtm_nt msy impcxse sanctions ss providad far und:T Pert 26 and may, in
the Statc co the Agrncy Cor project costs whieh ¢re subsequendy detenvined to epproprinte coses, refer ctie mnner for eatforcemeiic under 18 U.S.C. 1001 alid/oe ttie
be ineligible for federi] pntcicipstian (sce Sn_;ion 1X). Program Fraud Civil Jternedies Act or 1966 (31 U.S.C. 3801 et seq.).
Audit of Federal Consultant Contrects
~ J The A«ency, if sP.avices of a consulcani are requirerJ, shall b* responsibke for The Agency hereby aerees thnt it will ineorporate ar cause to be ineomor-atrd intb
oudit of [6e caosultttnt`s rocvrds tn deEermine eligiblr fedrael aid cnsts nn tkie any coniract for consiruttion «ork, or modificatian inercof, rs dcflned in the rulcs
projcct, The repnri af said nudit s6all be in the Agency's fil~i and m~dc and rceulations of the Secrcharv nC l.ebor in 41 CFR Chapter 60, which is paid for in
available to the State and the Fecicral Govrmment, wbole or ui part cvilh funds obtein_d Erom the Fcdcrnl Government or borrrnved on
the crcdil of thc Fedrra! C'ravernment pursuant to a erant, contracF, Inen, insurnncr_,
M aubit SheU tn conducted by the WSDOT Intemnl Audit Off-ice in or euaruntee or understanding puestLnnt to eny federul progmcn involvine sn:.h gant,
occordanee. uret6 gen.ndiy accepaed goverruneiual flsecliting swiclards as oontrsct, loan., ii►surance, w gunrant:e, the rrqtlircd conQact provisioats fur
issu9d dy dte Uailcd 5tate; Grnersl AczQunting 4ffica by thc Camptroller Fedcral-Aid Concracts (FHWA 1273), Ic>cafed in ChaPter 44 of the [„ocal Agcncy
Gcncral af tnc United Smtrs; NSDOT Vfnnual M 27-50; Consulmnt Guidelines.
Authorizatioq Selection, end Aglacmcnt Administration; mcmnrande of The A*en !'urtha ~erces ttut it Hill bt bound b the ubove ual o rtuni
understnnding bccv~~ern 1VSL70T end F4~I~VA; unJ Oflice of Mna6ueement } "q ~
and Budeet Cireutnr A-133. clause with respect to iu onm employnicnt praztices wh:a i[ participates in
- fedcratl}' assisted cansuuctian wark: Provided, Ehat if the epplicant so
Uupon oudii it is fntend thrit ovcrpe?Tnent a: paiticipation of fed:ml participatine is o State or I.ocal Govei•iuneiic, t6e above equal opaortunity clause
mnncy in inelieib7e itams of cost has oecurred, tho Agancy shall reimburse is not sprlfcable to s»)' Pgeney, iesscrumenasliry, ar subdivision of stach
chr State for de. ernount of su^h overpa}mient or cxcess parcicipatinn (scc govemmrnt which dnes nnS particiEsatc in wor}: on or uncl.r th: CORICA^E,
,SCCt7p73 rx).
VIII. Single Audit Act Tha A@ency also a_erer.s:
'I'he Agency, es a subrecipient of federal funds, shall adhere ta the fcderal (1) To ussist and enoperate netively wiUi cAa Sta[e in obtciinuig the camplinnce af
OtFce of A9anagement acid Budget (OMB) Circular A-133 as weli as all contractors and subcnntractors arith the oqual oPportunity clacese and mles,
a(7pIICAbIC I:.dCfAI A11d St1iiZ S1At7i1L5 RIHd [e'S*IlI8E107IS. A SL]bieClpl[I71 who reeulario:is, und rele.vunt unleas of the Seceeiary cf l.abo:.
expencis 5300,000 cu mare in federal awanis frorn nii sources during a givan (2) To fi,mish the Scstr such informacion es ic may require for the stepcrvision of
fiscul year slial] have a single or progrem apccifec audit performe.d foa that such compiiwice and tl►ac it wili othe»wtise nssisf Aie Scace in die diseharge nf ics
}'car in Acoordancr with ttie pros-isuens uf ON1B Cireu[nr A-133. Upoo primnry r~ponsibility far s~r_inring compliance.
cnndusion nf the A-133 nudit, ttie .0.geocy shall be responsiblc for cn;uring
thnt n copy of the tcport is trnnsmitted prompily tn the S1ste. ('s) '1'o reftr.in from entcring intn any contrast pr anntract mndification subjeci to
Executive Order 11246 of Srptember 24, 1965, u•ith e coniractor deharred from, or
IX. POyment of Billing who hns trot demai►saa[ed e[igibility for, govennmeat contracts ond fedarally
'fhe ,4gcmc}• aerers thut iC paymeot or arrangem:nt for paymtent of any of a;sisted consstuciion contracts pursunnt to the Executive Ordcr,
the State's hilline retative ro the projcct (c,g„ Stste force uvrk, projc.t
cancelJateon, overps}menf, cosi inetigiblr for federal participation, etc.) is no4 (4) To carr;, out such senctions and pennlties Car vio[atian oCthe equal
~_,~nscle to tbe Srate tiviEhin 45 days after ttie Ageaiey lias beea billed, iine 5taic opportunip, clause as may bc imposed upon contractoTS and subconvactors by Uie
thsll effv:•E reiantursemaat of ilie rowl sum du_ from ch: regular mnnthly fue! 5txtc, Federal Hig)sw~ay .4dministrarion, or The Sccretary of L.skx~r pursusnt co Part
~~ax allovnents to the Agency fiom the Motor Vehicle Fund. No ac4ditinna] Il, 5ubp<u-t D of the Eaecutitire Ordee.
Fcdtrel project fr,nding will be approved until full panneut is receivcd unlcss
othenwise clirected the Assistatit Secretary for Highµ'nys and I,ocal Progams.
DOT Fortn 146-038 =F 3
Revlsed 1 W02
[n addition, [he.4g:ncyaere:s that iCit Cails or rcfie.ecs to compl?, .ti•ith these XV. Venue for Claims and/or Causes of Aetfon
underWkings, the Statc may ta}:: nny or aq of ihe fullowing nctions: For the oonvet►iensx of thc partics in thi5 acmtracE, it is agreed that am• claims
(a) Cats.el, trmi innte, or susprnd this ogreement in who4e or in pan; and/or caus:5 Uf QGl1Utl Which ikte Lom] Agenc)' 11A5 fl8A171gC IhC $ifltC pf
VVa:hington; groti•ine out of this tUiztruci or ihe projecl with which i; is
(b) Refrain fmm extrnding any funhar ussistnnes [o ch: Agcncy under ihe concerncd, shnll he ~rnughi only in the S'upkriur Court Cur 17iutstan County.
pmgrnm u•ith resp:ct to w6icU [He fnilurc or rcfie,sal accurrad until su[isfactory ~
ussw~ance of futurc compliance has been rcc:ived Crom che Agcn_ry; and XVI. Certlfieation Regarding the Restrictions of the Use
(c) Etefcr th: case to [he Deparmient o{lus[ire fnr appmpriute legal proeeeduigs, of Federal Funds for Lobbying
Th: approvine uuthority cenifies, to ttic best of his ar h:r know-lcdEc and bclicf,
fiLar.
XIII. Liquidated Damages
i'hr Aeency hereby agr~s U~at tLe liqt~idatcd dnmages provisions uf 23 CFR (1) No federel appropria[ed f'unds havc b~n }~aid or will be paid, by or on bchaif
of t6e utidersigned, to any pcrsnn fDr influencing nr aucmptrng to inftuencr_ an
Pert 635, 5ubpan 127, as supplemented, relative to the emowit of Fcdcrnl p[fiecr or emplcrycx of any federtil o.gency, a menber of Congress, an olTice: or
participatian m the prnjtct cast, shali be applicabkc in thc cveat the oonuactor employee oCConeress, or vi emptoycc of a mcmbcT of Congrrss in eonnccrion wit6
fails m comp!^Ie d1e cooVact within the cantraci timt. Failure to include th_ a%varding of any fedcral contract, the ma}:eng of an}' Cedernl erant, th: making of
liquidatod damegcs provisioa will nUl rel'ceve [6e Agenry from rcducaon of any federa! Iwn, the entering into of any cooperative agrccmeoc, acid ttie exnension,
federul participation in accordancc with dtis nuraeraph. coatinuetion, renrv.-nl, amendmenE, or mod'eficatian of nny federal canErast, grant,
XIV. TerminaUon for Public Convenience loan, or caopertlEive uiqeemeaU.
The Secretery o1'the W;tshington Staie Dcpamncnt qf'1'ransporiation moy (2) lf eny 1'unds ottiez than fMereil npprupruted funds hnve been paid ar wi!l bc
te:micate the eonvacc in wtiol_, w fram dme to time in pan, whenever: pftid to nny pason far in6uencing or attempring to in8uence an ofl'icer or enipla}%ame
of sny fedcrnl egenc}•, a mcmb:r of Conpess, an offiur or tmplnvee of Congres,s,
(1) The requisite federal fianding bxcames unavaitable ihrough fniiure of or un employee of a member of Cwigress in conn9ction w7th chis fsderal contrnct,
apptopriation or oihcnA7st% grant, loan, or ooop-rative agrcemem, the undcrsigned shall camplete nnd suhmii
(2) Tle oontn=EOr is Prcv.-nted finrn prtx:eedEng with ttie work as a cliteci th=' Standard Fozm - LLL, "Dis-clcxsure Fbrm m Report i.obbying," in accarclunce
result of en 8xocutive Ocder of t}es Fresident with rcspcct to the pros:cvc;on of WiLh »Instruc[ioas.
war o; in tLe uitcrest of nationel defense, or en Executive Ordar of [6e (3) The undersigned shaLl require ttiat the L•inguage of this certificatian be
Presidcnc or ravcmor of the State with respect to [he prescrvation of eneW iacluded 'ui the awrsrd docunients ior ali suMawards Ac nll dcrs (includine subgrnn!ts,
resources. and contrecis and subcantracts undee grants, subgranu, laans, and cooperative
nereements) which exceed S 100,000, nnd chat ell sucL subrecipienrs sUl cenity
(3) 'I'he oantmtor is prevMnted frnm proce:ding with thc wart: iry reasan of aod disslose acoqrdingly,
n preliminnry, specisl, ar nermenent restraining ordrr of u court of competant
jurisdicdcm wfIGCE L}]C ISSIIaCICf of SUCEI OPdCP !5 pPIRtArlly CBUSCd b)' thG aC35 Qr Tnis cereification is a mnrcrial rrPrescntxrinn of fect tipon whicfi reliance aros
omissions of persons ar agmci. ather thsn the conVUCtor. plaeed a•hcxs this traeisa..tion wus rnede or entered inlo. Submission of lhis
certificarion os a pr:req«isire for making or enccring inio this gansxction imposad
b}• Soction 1352, Titlc 31, U.S. Code. Any person who fnils tn Gle thc requirrd
(4) The Secreisry detrrmines lhnt such temiincrian is in ehe best intrrests of cerdficarioa sLall b^ subject to a civ7 pcnalry of not I.,ss than 510,000 end aot more
the Sta1e. ihan $100,000 far eech such failnre.
,
Additional Provisions
DOT Form 144039 EF 4
Revised 10102
~ CT'T"Y OF SPOKANE VALLEY
~ J Request for Council Aetion
Meetinb Date: 02-08-05 City Mansgcr Sign-off:
AGE\'DA ITL1V1'll'1`LE : Moiion Consideration: Appointmcnt ftccommendations
PiaV]OUS COUNCTL ACTION TAKLN: 1'er Council di.rection, vaeancy availabilicy for eaeh
committee was arinaunced to the general public via several notices in Valley News I-lerald, a riotice in the
Spokesman Review, and notice on our wcbsite. Also per Council direction, incumbents were notified that
the vacancies would be announced and they w•ould be encouraged to apply, as in the case of the Lodgin};
"1 ax Advisory Cornmittcc. Mayor VVilhite proposes the appointments as noted below.
a. Cable Advisoa Co►umittee - Depuly Mayor Munson
Mr. lZichard Young has submiited an application for appointment considerittion to the Cable Advisory
Cornmittee. Copies ofA9x. Young's application were distributecl to Councilmembers January 26, 2045,
RECOMIN'LFr'AF:D AC"I"ION OR MOTION: Motion to confirm the tYlayoral appnintment of Richard
Young to the Cahle tlclvisory Cvnrniittee.
~ b. Solid Waste .4dvisory Board - Councilmemhcr Schimmels
Mr. `larc "I'orre has submitted an application for appointment consideration to the Solid Waste Advisory
Board. Copies of Mr. 7'orre's application were distributed ta Councilmembers February 2, 2005.
RECOA9M'ENUED ACTION OR MOTION: Motioyr to cotfrm the Aluyorul uppoinunent ajAlarc
lorre to the Salid Wuste Advisnry Board
c.. I..odginp Tax Advisory Committee - Councilmember Flanigan
The committee makeup consists of two people authorized to eollect the twK (hoteliers); and two people
who are qualified to receive the funds. The current committee member hotelier Jeff .Himan's term daes
nat expire un[il 12-31-05. There are currendy thrce vaaancies. Vacancies include one from ttlose
required to collect the tax.; and two from those qualified to receive tlle funds. The terms are to be fot•
one or twcti years.
ItECOM1VLI;Nl)En ACTIO\' 012 MOTIUNS:
l. Alotiori !.o caifirm etfcryornl appointnrerrt oJLL- Beck tv the LUdging Tca AclvisOry Conunittee fUr ci
term of nvo years.
2. lti9otion to canfirm Mayoral appointment,r nf Peg& Doering und Lisu 13rucco to the Lcxlging Tax
A dvisnry Conrrnittee for a tei•m of one year(s) at1d hwa yeurs respectively.
~
~ CITY OF SPOKANE VALLEY
Request for Council Action
Meeting Date: 2-8-05 City Manager Sign-off:
Itern: Check all that apply: ❑ consent ❑ old business new business ❑ public hearing
❑ information X admin. report ❑ pending legislation
AGENDA ITEM TITLE: Update on afternatives to incarceration
GOVERNING LEGISLATION: N/A
PREVIOUS COUNCIL ACTION TAKEN: Several discussions with staff at study sessions over
the past year.
BACKGROUND: Jail costs for Spokane Valley and the other local jurisdictions increase each
year. Staff has presented information in the past on possible ways to help reduce these costs.
Every two weeks, I attend a meeting with Sheriff and jail staff, judges from Spokane County,
City of Spokane, and other interested parties to discuss current jail population and how to
reduce it on a consistent basis.
The judges are actively working to implement changes on how and people placed in the jail and
Geiger facilities are dealt with.
Judge Annette Plese of District Court will provide information about one of the new programs
recently implemented, day jail reporting. Additionally, Judge Plese can provide the Council with
answers to any questions the Council members may have related to use of Global Positioning
as a means of home confinement.
OPTIONS:
RECOMMENDED ACTION OR MOTION:
BUDGET/FINANCIAL IMPACTS:
STAFF CONTACT: Cary P. Driskell, Deputy City Attorney! Annette Plese, Spokane County
District Court Judge
ATTACHMENTS: Handout summarizing day reporting
~ 1~
Geiger Day Reporting
As of Vovember 2, 2004 Geiger will offer a two (2) day a week (Tuesdays & Thursdays) day
reporting. The program will start at 8:30 A1VI to 5:30 PM with one hour lunch.
When an offender is senteoce to "day reparting" nlease mark Qn the Sentence Form ar Show
Causc Form the amount of clays you would like the offender to do. The offender must contact
Geiger (Sandy Jahnson 477-1542) within 48 hours to set up arrangements. The maYimum
capacity fnr a class will be 24 offenders.
Please do not give an oI~'ender a specific da}7 to rEport., because of class size. lf you would
like the offendcr in the next available class or let them set it up for later in the month, just
indicate that on the sentencing or show cause form.
This program will require that offenders bring their own lunc•h in a brov~~n baa, or a lunch
could be provided at a cost of $2.00. N0 offEndcrs will be allowed to leave durinE the lunch
hour.
Geiger would provide a facilit.axor to monitor the program during the entire day. The
facilitator will provide minimal programming that will include "self help" videos for
offenders. We will also have drug/alcohol counselors that Will provide presentations to the
af~'enders that would give the At~'enders information for outside agency contacts should they
need to satisfy courc orciered drug/alcohol prAgrams. (vone ofthese classes will be
considered as ADiS sufficient.) ~ -
Geiger would provide minimal security, which consists of checking in those offenders that
report. The court will be notifieti when an offender fails to appear, doesn't contact Geiger to
sct up the day reporting, if the offcndcr leaves at any time during the day or iFthe offender is
disruptive and has to be removed from the program. The notice will come in thc form of a
letter to advise the judge of the alleged violation. Should the defendant be told to lcave the
program because of alcohoUdrug issues or disruptions - Geiaer will not take the person inio
custody but wil] simply notify the Court ofthe violation. The offenders will be tested for
alcohol use prior to their admittance to the program.
This program is in ihe trial period and is stariine with "r~0 COST" to the offender, but could
advance into a work program and/or community service pragram where fees maybe addcd at
a later date.
Geiger has City/Count}T bus seivice that runs from 6:25 AM to 6:40 PM every hour.
Please remember that we are expecting LOVJ LEVEL OFFEYpFRS that have misdenleanor
or grass misdemeanor charges and we will rely on the Couri to be checking the person's
criminal history prior to selecting them For day reporting.
lf ou have ucstions about the ro ram lease contact l3rett Sobos
Y ~ P g P ky - Custody ~
ManaEer- Geiaer or Judge Annetie Plese -1District Courrt.
~ CITY OF SPOK.ANE VALLEY
~.1 Request for Council Action
Meeting Date: February 8, 2005 City Manager Sign-off:
Item: Check all that apply: ❑ consent ❑ old business ❑ new business ❑ public hearing
❑ information ~ admin, report ❑ pending legislation
AGENDA ITEM TITLE: lntroductory Discussion of Annexation into Spokane Cvunty
Library District
GOVERNING LEGISLATION: N/A
PREVIOUS COUNCIL ACTION TAKEN: At the 11/30/04 meeting, City Council approved a
five year contract with Spokane County Library District (SCLD) effective January 1, 2005.
BACKGROUND: According to the five year service agreement with SCLD, the SCLD Board
agrees to concur vdith an annexation measure, should the City Council choose to forward a
proposal to voters.
At the November 30 meeting, Council directed staff to prepare an annexation discussion in the
~ latter part of 2005_ Staff began researching property tax laws, and due to the complexity of
these laws, as well as the timing of elections, considers it prudent to bring forward information in
the first haif of 2005.
The attached memo provides an analysis of the financial impacts to the city of annexation. Staff
will deliver a powerpoint presentation at the meeting.
RECOMMENDED ACTION OR MOTION: Provide direction to staff.
BUDGET/FINANCIAL IMPACTS: The city receives library services via contract with SCLD for
2005. Any decision to annex would not take effect until 2006 or later, depending upon the
timing of an election.
STAFF CONTACT: Nina Regor, Deputy City Manager; Morgan Koudelka, Administrative
Analyst
ATTACHMENTS
1. Background Memo
~
Attachment 1
000
`~ok
Sii a ne
~
Valley
11707 E Sprague Avc Suite 106 ♦ Spokane Valley WA 99206
509.921.1000 4 Fax: 509.921.1008 ♦ cityhallCspokanevallcy.org
Memorandum
To: David Mercier, City Manager and Members of Council
From: Nina Regor, Deputy City Manager and Morgan Koudelka, Administrative Analyst
Date: February 3, 2005
Re: Annexation to the Spokane County Library District
Executive Summary
On vavember 9, 2004 the Council selected Spokane County Library Districl (SCi.,ia) as the preferred
library service provicler. Negotiations werc begun in an effoct to overcome different approaches to
detertniiung the cost for servic;es. After much public comment the Cauncil decidcd; on November 30,
2004, to approve the draft contract submitted by SCLU, vvit6 four changes. The new contract is bascd
on prop;.rt}° valuation, charging the Cify the equivalent of the SCLI7 lcvry rate applied to the assessed
C-f valuation of the properiy within the City oC SpokanE Valley.
Council also instructed staff to work on collectuig uiformation i.n regard to annexing to SCLI7. `I`lus
memoranclum is in respUnse to thai instruction.
1"fie amoiuit levied by die City t:hrciugh property taxe5 is limited to a cme percent (1 increase over
the highest lawful levry arnotmt sincc 1985. Tlus limitation is a result of Initiative 747 (I-747) and
becaine effective in the year 2002.
The Wash.ingt:on Stale TaeparLmenc of Kevenue has made projections for the property tax revenue
losses due to 1-747 fUr all cities in Washington. rl,hc City of Yal:ima has bcen forecast to lose
$111,000 in 2002, increasing to a loss of $736;000 in 2007. "1`he forccast for the City of Spcakane was laetween $1 million anci $2 million of annual lost rcvcnue during the same titne period. The City of
Tacama has iracked acttial loses resultinD frorn 1-747, showing a loss of $1.9 million in 2002,
increasing to $3.2 rnillion in 2004. 1'acorna expects t:heir losses from 1-747 to reach $8 million by the
year 2007.
The projections in Table 2 show that the City's Icvy amount will he limited My I-747 beginniny in
2005, Iosing $108,362 in 2005 ancl increasing to annual lost revenue of $754,505 in 20111. Thc
corresponding levy rate will also clccrcasc in orcier tti meet the reduced levy amount.
As illustrated in Table 3, the City will siill experience last revenue in 2005; but after acuiexation 'vi
2006, tlle City will not be restricled by I-747 until 2014. Chart 4(below) shows that aftcr a.ruiexation
i.n 2006, the highest lawful levy would he well below the 1-747 restricted 1evy amount. Gradually the
C'ity of Spokanr VaIlcy Idibrary Annexation I;valuation
February 3, 2005
Pagc 2 of 10
inerease in assessed value would catch up to the 1-747 limit ajid the Cit.y wc>uld again be restricted by this limit be9iiinivg io the year 2014. The City wa-s inilially served by three t'ire districts. Because the City has always remained annexed ta
the fire ciistriciti, the City's levy rat.e ($3.60) is reduc.ed ny the attlount. of the fire. disirict with the
highest levy rate. Fire Districc (FD) #9 has the highesc levy rate of approximately $1.49, but il servcd
orilp a few parcels within the city limits ot`Spokane Valley. These parcels were merged into rD #1 in
2004. Effective 2005, the City's levy rate is reduced by the highest levy rate of the remaining fire
diskricts that serve the City. This is FD 41 with a rate of $1.38. This change means that the City has
$.11 of extra- levy rate availablc. I•lowever, the city is still limited by I-747 atid can not use this entirc
exlra rale. li; on the othcr hand, the City aunexed tu SCI..D, the $2 million cushion would allow
the city , to utilirc the extra $.ll of levy ratc, eyuivalent to more than $500,000 of property tax
reven u e.
In order.for the anneac~atinn to he ef/'ective for the fnllowing year, the results must be certifted and
uccepled hy the state b,y Junc 1 of the current year. The Spokane County Flecticm OtTicc provides the
certified results io the Spokane County Assessor's Office. '1'he Assessor's Offce must then providc
the results to the VVa.Shington State Departmeni of Revenue. Therefore, the last electioo datc to
allow an annexxtion approval to take cffcct in 2006 would be May 1.7, 2005.
I. Introduction
.
As part oi'rieliberations for library services; the City Council eYpressed au uiterest i.n discu.ssing library annexatian. The following memorandum pravides some initial information on annexaticm to
the Spokacie County I,ibrary District (SCLll).
Library Annexation is a complcx issue. There are tangible financial ccrosiderations to consicier as well
as considerations such as cnmmunity identity, assct ownership, aiid management controL Many of
thesc considerations were discussed as part of the managed competition process. This memorandum,
thcrcfore, Eocu'es cm tinancial considerataons and the procedural rcquirements of annexation to SCLD.
U. flistorT
The Spokane Valley City Council seleeted a macia.ged eompetitian pilnt program as a goal for the year
2004. Based on the existtnce of multiple service Prc>viders, staff recommendcd, mid the Council
selecteti, library scrvices and parks maintenance as the initial two sen1ice areas to parlicipatc in the
pilot prograin.
The Sp4kane County Library Taistriet has providecl servic;e lo this area sinee 1943. As a result of
incorporalion, the area witlun the boundaries of Spokane Valley (City) was tia longer apart of SCL17
al the beginning af'2004. Thc City negotiated a one-yeftr coniract with SCL17 based on estimated
usage of the District by Spokanc Valley citizens.
~
For librai-y services, staff dcvelopecl a request. far proPosals (KFl') and issucd this RFP on August 10; ~
2004. '1'hree service Providers expressed interest in respooding to the RFY, bui ultimatcly there were
hwo proposals rcceived, ane fram the Spokane Cotjnty Library District and one from Library 5ystems
and Services (I.:SS1).
Cil}' uf Snnkane Valley, l..ibrary Annexation Lvaluetion
February 3, 2005
Page. 3 af 10
~
An ad-Itoc committee was appointEd by the Ma_yor and Gouncil on C)ctober 5, 2004. ThiS committee.,
consisting of twa councilrnembers and five citiiens, evaluated the tuo proposals received in response
to the R1`P issued hy the Cinr. A staffielm, eomprised ofthe lleput}' Cily rVlanager, Parks Director,
and Aclministrative Analyst, also cvaluatcd the proposals. Bolh the ad-hoc eommiltee Znc3 the staff I:eam reconimendcd that the City continue. tca cant:ract with SCI:,ia.
Can November 9, 2004 the Council selected SCL.I7 as the preferred library service provider.
Negotiations wcre begun in an effort to overeome dif.Yerent approaches to deterniining the cost for
services. After much puhlic coilunent the Council ciecided, on November 30, 2004, to approve the
draft conti•act submitted by SCLU, with four changcs. 1 hc new cantract is based on Property
valuation, charging the City the equivalent af the SCLTa levy rate applied to the assessed valuation of
the praperty wilhin the City of Spokane Va.lley.
Council also instructed staffto work on collecting infon-natinn in regard to vulexing to SCLll. This
memorandum is iu response to that instruction.
lll. Uistrict L+'ligibility
Pursuant. td Revised Coc1e of WashinDton (RCW) 27.12.360, any city with a population of 100,000 or
less at the ti_me of annexation may becouie part of a rural coutity library district. If the current
Spoka.ne Valley annual population growth rate of 2.37% were to remain constant, the City will reach a
population of 100,000 by the year 2012. Chart 1(below) illustratcs the forecast population growth. If
the Citywere to annex ddditional [errilor), in the meaniimc, the 100,000 threshold would most likely
be reacheci mare quickly.
Chart l. SpokAnc Vallcy Prujected Yopulatiou Growth
.
105,000
-
100,000
c
p 95,000
- -
Population
~
0 90,000
a
85,000 -
80,000 O~ OQ` Op O~O OAk O~ & Q,
rp CP ,LO ~O ry0 ,y0 Co Co ~
Year
City of $pokane Vallcy I.,ibraiy Annexalion I;valuution
February 3, 2005
PSgc 4 of 10
IV. 1'rorerty Taa Restrictions
A. Uvervicw
Li order to undcrstatid lhe impacts of aiuiexation to the Library DiStrict, it is first necessary to
know the manner in w}tich property iaa:cs are collected and address ilie slalutory limitations that
apply to prc~perty taxes. "I'lie Cit~~ vl' Spakane Valley is one of several taaing distriefs that have
the authorit)r to ]evy properiy taxes inside lhe City's boundaries. 'fhe Spokacie County Tax
Assessor is responsible for a.ssigning au assessed value to each parcel of real property as wel] as
placing a value on qualifying personal propert.y. Real propcrry is revalued annually with a
phy5ical inspection completed al least ouce every six yE:ars. 1'crsonal property is reealculaicd
eacli year. The aggregate levy rate of all the taxiug districts thai have the autliority lq levy laacs
on the property is multiplicd by l/1000 af'the value of the property. The product of this
calculation is the amaunt of tax the property cawmer owcs. 1'here are, however, Sevcral statutory
limitations that can reduce this total amount.
R. i..evy Rale Limit
As a city, Spokane Valley is subjecl to a stahitory levy rate limit of $3.60 according to R.CW
52.04.0$1. If a city is Rnnexecl to a iire district (FI)) or lihrary district, the city's levy rate is
rcduced by the levy rates of those ciistricts. Spokane Valley is currently annexed to two fire
districts. Tlie City's levy rate is reducea by thc greatest fire districl levy ratc. lf the City were to
annex to SCLD the City's levy rate would be further rcduced by the current rate of the library
levy.
I•Iighest. Rate $3.60
L.ess FD I7ate $1.50
Less Lihrary 17ate S .50
Slatutory $1.60
C. Aggregate I..evy l2atc Limit
PursuaM to RCW 84.52.043, the aggrcgate le,,,y rate of junior and senior taxing dislric[s within a
tax code area is $5.90 (Spokane County is split into 1 l 1 taa cadc areas). Coiiservacicm futures,
EMS levies, state school levies, school district levies, ana excess levies are all excluaed f'mm this
limilation. In Spokane Valley, for 2004, the highESt aggregate rate applicable to this limit was
$5.10, well below the $5.90 litnit. For instancc, below are the applicablc levy rates for tax code
area 140 in thc ycar 2004. The levy rates of Spokane County, the City of Spokane Valley, and
Fire Uistrict equal $ 499 when added togethcr; well below the $5.90 limit. Conservation
futures and the State School levy wcre removed as they are eacluded from this limitation.
Spokane County l.,evy Rate $1.51
Spokane Valley Levry Rate $2.10 ,
I"irc llistrrict: #l Levy Rate 1.38
Totxl Rate limited b,y RCW 84.52.043 $4.99
City af Spokane Valley Library AnncxHtion Is'valoafiun
Hebraary 3, 2005
Page 5 of 10
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D. Individual Propcrty Aggrcgatc Levy Limit
'l'he aggregate of aI I iax levies upon real and personzl property Olily not exceeci one pereeilt of
the vailue of such property. Eacess levies do not apply to this limit. l'his restriction is written
into the Washington State Consiitutian and is also expressed in RCW 84.52.050. 13ecause the
assessed value of a nroperl:y is divicled by 1,000, the aggregale levy rate would have to eyual
0.00 to equal one perceiit of the value of the taaed property ($1 U.UO ;l' .OU 1= .O1 or 1%).
Lvery tax cocle area hact an aggregale rate of less than $9.00 for the year 2004. To furCher
illuslrate tlus limitation, look at the exarnple below. A$10.U0 aggegate ]evy rate has a levy
cqual to onc pcrccnt of the value of the property. Any ratc less than $10.00 will have a levy pf
less lhan cme perceni of the value of the Prapeny.
$150,000 = 1,000 X$lU =$1,500 or 1% of $150,000
F. lnitiativc 747 (1 % Limit)
°1"hc amount Icvied by the City through property taxes is lunited to a one percent (l vlcrease
over the highett lavvf"ul levy amouni since 1985. "fhis limitation is a result o1'lnifiative 747 (1-
747) and became effective ui flie year 2002. The limitation does not apply co new cons[ructicm,
improvemcnts to existing property, ncwly anneaed territory; nor to the diff.erence between the
current value crFstate assessed value ancl the preceding year's statc assessed value.
Table I. Example nf 1-747 CaIculution
2004 2005 Factor 1-747 Limit
Nrevious Lawful Umit $ 9,292,107 PLL*1.01 $9,385,028
New Construckion $ 59,032,994 2005*2.1 QI 1 124,054
Statc Assessed $99,427,970 $102,626,589 Diff.*2.101 S 6,723
Levy Rate $2.101
New Lavvful Limit $9,515,805
l. Determine the hishest latvful limit since 1985 ($9,292,1 p7 in 2004)
2. Multiply the previous lawful liinit by 101 to determine a 1% increase ($9;385,028)
3. A4ultiply the current year's new construction value by the prec.eding year's levy rate and
divide by 1,000.
4. Take the difference between the current: year's state assessecl value ancl the prectding year's
state assessed value and multiply that difference by the preceding yetir's levy rate.
5. Ac1d the results f'rom the calculations in steps 2, 3, and 4 to delerniine the new levry limit.
Th.is exarnple sllnws t.hat the Cit:y is noi limiled Lo a simple. 1% increase over the previous lawi'ul
limit, as other factors play into the calculation. For instancE, in the above example, the iiicrease
fi-om the previnu.s lawf'ul limit io the new lawFul limit is aclually 2.4%.
The Wa.shington State Department af Revenue has macie projectiuns for the propcriy tax revcnue
losses due to 1-747 for all cities i❑ Wash.ingt.on. The City of'Yal:ima has heen Forecast t4 lose
S 1 11,000 in 2002; inereasing to a loss af $736,000 in 2007. '1°he forecast for the City of Spokane
City of Spokanc Valley l.,ihrary Auncxation Gvaluatian
Fehruary 3, 2005 .
Pagc 6 of 10
was bctween $1 million and $2 millicm of annua.l lost revenuc during the same titne pericxi_ The
City of Tacoma ha.s tracked achial loses resulting from 1-747, shoNving a loss of $1.9 millicm in
2002, increasing to $3.2 million in 2004. Tacoma cxpects t.heir losses froiii 1-747 to reach $8
million by the year 2007.
N. Forecast Financial Impact of Library Annexation
'1'he Cily currently has a fve year agreement with SCI.,D under a contractual agreement. 'I'he City
pays SCLU a negotiated fee for services out of the Cify's gcneral fund revenues. lf the city were to
annex to SCLD; the Library Uistrict would lcvy taxes directly from the property owners in Spokane
Valley. "1°his section examines the future impact to the city afi these two scenarios.
A. Contract Scenario
The City's full propercy tax levy lii Tahle 2(bclow) is projecteci according to a 3.6% annual
growth in assessed value, which is the average annual growth of the a.ssessed value of Spokane
County for the ycars 2000 to 2004. If the City conlinued to contract with SCLI7 the City would
begin to be limited by I-747 as reflecfed in the `Restricted T_.e.vy' row in Table 2. The City
would, there:fnre, take in less tax revenue than it woulcl if it were not restricted by 1-747. This
reduced revenue is reflecied in the `Lost Revenue' row in Table 2. The projections in Table 2
show that the C;ity's levy amount will be limiteci by 1-747 beginning in 2005; losing $108,362 in
2005 and inerEasuig to annual lost revenue of $754,505 in 2010. The c:orresponding levy rate `
wi1J also decreasc in orcler ta meet the reduced levy amount. ` fTdble 2. Spokane Valley Levy Amounts nnd [.ost Revenuc without Annex:►fion tu SCLn
2004 2005 2006 2007 2008 2009 2010
Full Levy 9,292,107 9,626,127 9,972,154 10,330,620 10,701,971 11,086,671 11,485,200
Restrictad Levy 9,292,107 9,517,766 9,748,8511 9,985,554 10,228,000 10,476,333 10,730,695
Lost Revenue - 108,362 223,300 345,066 473,971 610,335 754.505
Restricted Le Rate S 2.11 $ 2.08 $ 2.06 $ 2.04 $ 2.01 $ 1.99 5 1.97
The annual gro«~h rate far assessed value varies over different areas. For the years 2000 to 2004
the A.V. growth cate for the City of Spokane is 2.6%, for the Lihrary District it is 4.6%, anci for
Spokane Couuty it is 3.6%_ For the one year of historp available fnr Spokane Valley the
assessed value grew by 2.7%. 'I'ahle 3(below) displays the projected revenue losscs for the City
at the C;ounty's historical annual A.V. growth rale af 3.6"/0, at the Cily's one-year growth raie af
2.7%, aiicl a middle-ground estimate of 3.0%
Table 3. Spokanc VAlley Projecled 1-747 Rcventie l.,osses willi Uiffercnt A.V. (:rowtli Rates
AV Annual Growth 2005 2010 Cumulative 2005-2010
3.6% $ 108,362 $ 754,505 $ 2,515,543
3.0% $ 55,066 $ 377,861 $ 1,265,840
2.7% $ 28,179 $ 192,071 S 644,938
I
Chart 2(below) illuscrates the exponential increase in the aniount of ruvenue lost due to I-747 (at
.6% annual A.V. growth) as the years progress.
3
City of $poliune Valley Library Annexution Gvaluatiun
February 3, 2005
Pagc. 7 uf I U
Chart 2. Spokane Valley Prnjected Revennc L.uss Duc `I'o 1-747 w/o Annexaliun
$00,000
700,000 I
600,000 - '
` 500,000 -
0 400,000 - - -
~ 300,000 -
0 Revenue Loss
200,000 - ~ -
; 100,000
. ~ , ,2004 2005 2006 2007 2008 2009 2010 ~
Year N
r
ChaM 3. Spokane Valley Full Uvy versus 1-747 Reskrictecl I.,evy w/o Annexation
; -
11,500,000
-
~ 11,000,000
a .
E 10.500,000
Q
- - -
10,000,000
m
J 9.500,000 - - - - _
9,000,000 • , ,
2004 2005 2006 2007 2008 2009 2010
Year
-Full l.evyAmount -I-747 LevyLimit -
Chart 3(above) shows tlie differeoce hetween the Full levy irend line and the restricted levy Lrend
line. At an annual assessed value grawth rate of 3.6%, tlie gap between the City's fiill levy
amaunt and the 1-747 restricted levy aiiiount will cantinue to wiclen if the City continues to
contract with SCLn_
B. Annexation Sccnario
The current contract witli SCLD allows the Ciky to oplion-out of the contract un favor of
anneaatinn. Under annexation, SCLD would collect property taxes directly from Spokane
Valley property owners. The i.,ibrary District's currcnt levy rate is $.50 per $1,000 o('property
ralue. tlnnexation to SCLD would uiean that the Library Iaistriel would collect more than $2
million from SPokane Valley citizens xnd tlie Ciry's levy revenue would be reduced by this sarne
City of Spulune VHlley Lihrary AnnexAtion Cvaluation
Februair}' 3, 21:10-55)
PAge !i of 10
amount. Iiecause 1-747 perlains to the }ughest levy anount since 1985, t.he City would
experience an icnrnediate cushicm of more than $2 millicm beneath the 1-747 resli-icted levy ~amount.
Table 3(be.low) illustrates the cushicm that would oc;cur under annexatiun. '1'he earliest the City
could annex to SCi D would be in 2006. As a result of fuuiexation, the levy rate and levy
amount would drop significantly in 2006 as the Cicy's levy rate would be reduced by the Library
District's levy rate. The difif'erence behween the levy amaunt under annexation and the I-747
limited letiy is greater than $2 million. 'I'he City's levy is cmly limiled by the statutory levy rate;
$1.61 (basecf on the rire Uislrict. #9 levy ratc of $1.49 and the SC1 Ia levy ratc of $.SU) in this
example, and not by I-747. Although the City is takilig in much less money, all the additional
money would have gone to SCLD uncler the lerms of the newly approve(i contrac;t beginning ui
2005, so there is no net Ioss resulting from the reduced levy ratc.
Table 4. Spoksne Vallcy Levy if Annexed to the SCLI) in 2006 (N'V/ SCI.,D maintaining.50 levy rate)
2004 2005 2006 2007 2008 2009 2010
Full Levy $9,292,107 $9,626,127 $ 7,606,456 $ 7,879,885 S8,163,140 $ 8,456,578 $8,760,563
1-747 Limited Levy 9,292,107 9,517,766 9,748,854 9,721,581 9,725,466 9,729,510 9,733,701
Lost Revenue 106,362 - - - -
Restrided Levy Rate S 2.11 $ 2.08 $ 1,61 $ 1.61 $ 1.61 $ 1.61 $ 1.65
As illustratcd in '1 able 3, ttie City will stil( experience lost revenue in 2005; but after annexation
in 2006, the City will not be restriclecl by I-747 unti12014. Chart 4(belaw) shows that after
annexatian in 2006, the highest lawful levy would bc well below die 1-747 restricted levy
amount. Gradually the increase in assessed value would calch up to the 1-747 limit and the Gity
would again be restricted by lhis limit beginning in the year 2014.
Churt 4. Comparist►n uf SV full levy nnd I-747 restricted Icvy if annexeci to SC'I,,D in 2006
71,000,000
10,000,000
- Full Levy - - -
0 9,000,000 - I-747 Restricted Levy
~ i
8,000,000 -
7,000,000 , , . . , , .
I\ lb ~°oa ~No
Year
Normaidy Park, Surien, and Maplc Valley are three cities that have becn able to clelay the
~
impact of property tax reducing initiatives by atuiexing to library or iue districts. `J
City of Spokane Valley I,,ihrHry Annexafic►n Evalutttion
.la►iuAry 27, 2005
Pngc 9 of lU
~ V. Additional Consideratians
A. Merger of Firc nistrict and Hire District #1
'ncc Ciiy was inilially'served by three (ire districts. Because the City has always remained
annexed 1.0 the fiit districts, the Cit:y's levy rate ($3.60) is reduced by the amc>unt of the firc
district with the highest levy rate. Fire District (FD) #9 ha.s the highest levy rate of
approaimately $1.49, but it scrved only a few parcels within the city lirnits of Spokane Valley.
Thr:se parcels were merged inio FT) #l in 2004. F_.fi=ective 2005, the City's levy rale is reduced
by the lugtiest levy race af the remaiuing frc districLs that serve the City. This is FD #l with a
rate of $1.38. This change rneans lhal the City has $.l ] of extra levy raie available. However,
the city is still limitecl by 1-747 and ca» not use this entire exlra raie. If, on the otlier hand, the
City annexed to SCT D, the $2 million cushicm would allow the city to urtilize the eatra $.l 1 of
levy raie, equivalent to more than $500,000 of propert.y tax reveuue.
B. Llection Procedures
"To initiale an annexRtion procedure, the Council must adopt an ordinmice stating its inleiit to join
SCLD and finding that the public interest wi11 be served thereby. Before the ordinance is
adopted, the State T ibrarian shall be notified of the proposed ordinance. If ttle SCLL7 [3caarci of
Truslees concurs in the anne:xalicm, notif cation sliall be transmitted to the Boarcl oi' Couaty
~ Coiivnissioners (BOCC) for Spokane County. Annexation to the Library TaistTict is not subject
to review by the Boundary Review Board.
The BOCC must, by resolution, call a special election to be held at the next availahle date.
Table S. 2005 Elcctiou llates
Election Dates
Feb.B Mar.8 Apr.26 Ma 17 Sep.20 Nov.B
Only registered votcrs within the City can vote on aiinexation. 'I'he annexation measure must
pass by a simplc majority (501/o+]
Tf the arulexation is approved by the voters, SCLD will assess a prc>perty tax levy dircctly lo the
PraPerty ov.Tners within the City.
In order for the unrrexutinn tn hc effective for the fvllo►ving yeur, ilre re.cults must be certijied and
accepted by the state hy,lune 1 of the c.ru•rent year. '1'he Spokane County Election Office
provides the certified results to thc. Spol:ane County Assessor's Office. 'Ifie Assessor's Officc
must tllen provide the results to the Washington State DePart:ment of Reveiiue. 'l"herefore, the
lasl election date ta allaw an annexation approval to take effect in 2006 would be May 17, 2005.
If the City wants to wilhclraw from SCL17 after it ha.s annexecl to the District, three ycars musl
pass from the date ofarunexation. After the lhree-year period, the Council can; by resvlut:ion,
present: a proposition to the voiers, al a general election (occurring onty in November of each
year), to withdraw from SCLIa. A simple m3jorify of vaiers must vote io wittidraw from the
District in order fnr the eF7'ort to be successful.
City af Spakanc Vallcy l..ibrary AnnczAliun I?valuation
.lanuary 27, 2005
Page lU of 10
VI.. Cnnclusion
tiVith timing being eritical to the finaneial impacC cif the library annexaticin issue, an expeciitious
decision would be prudent. lt is imperativc to decide whelher to relieve the city of the obligation to
Providc library services or to maintain control af library services in the interest of maintaining ari
efficient delivery of service5 and perflaps rnaximizing the potenlial o('library services to provide an
ideutity f°er the City of Spokane Valley.
In addition; a timcly conclusian in rcgard to librai-y services will allow for a quick conclusion on ofher
re(ated matters such as service levels and financial forecasts.
A timeline option tha.t woulti allow the aiuiexation lo he in place by 2006 is illustrated below.
°I'imcline 1. Annezatiun to SCLD with Ma,y 17,2005 EIection DAte
Tuesdsy, hlarch OB, 2005
Tue^day, Februery 08, 2005 Secand Reading
Admin RepoA tor Ordlnence Tucsday, May 17, 2005
Frldey, April 01, 2005 Anncxation Eledlon Wedne9day, June Ot, 2005
Tuesday, February 22, 2005 Deadline to Fdc RasoAAion Deatlllne !o Have EEection
Fir:N Reedlrog for Ordmance with Elecliana Olfice tar 2006 Annexaxion
Tuosdey, March 15, 2005
SCLD Meeting
415/2005 - &1712OU5
Cammuniy Education
2181'2005 61112005
IA4dnca<tay, Mmch 16, 2005
BOCC Ag(xudn Pue ~a7e
Sunday, February 27, 2005 Tuesday, Merdi 22, 2005 Frkfay, lday 27, 2AQS
PuClish isnd Stlsy 1NeK BOCC Moecing Certfllrr.lion Da4e
An anneaation ballot measuee requires the Council to adopt an ordinancc. An ordinance requires two
rcadings by the Couneil wiless the Rules or prder are suspended. ilftcr the ordinance is adoptcd it
must be published in die newspaper and f ve days must pas5 fTam the date of publication before the
ordinance goes into effect. Afier adoption by the City, the Board of'1'rustees for the Libeary 17istrict
must approve, by resolution, the City's request for aiinexation (SCLL7 has already stated in the contract
they will approve a requcst for annexation). The BOCC must approve a resolution to put the
annexation measure on the ballot for the nexl election. lf the annexaticm measure passes, the certired
results must be submitted to the State Department ofRe<<enue by Junc 1 in orcler for the annexation to
be in ef-~ecl for the year 2006.
'1°he Elections Officc anticipates [wq school district measures and a fire annexalion mcasure on the
119ay 17 election. These measures wilJ help reduce tie election cosLs for Spokane Valley. Costs
should rangc between $14,()00 and $40,000 for the library aruiexation issue.
Regarclless of the directioii taken by the City, immediate attenlion by Council is the first step to ensure
lri4 greatest positive financial impact and tU allow Council to c.onsider lhi; long-term impact of library
services on the fulancial ccmciition of the City, which may factor into other Council decisions.
CITY OF SPOKANE VALLEY
~ Request for Council Action
Meeting Date: February 8, 2005 City Manager Sign-off:
Item: Check all that apply: ❑ consent ❑ old business ❑ new business ❑ public hearing
❑ information 0 admin. report ❑ pending legislation
AGENDA ITEM TITLE: Office Space Considerations
GOVERNING LEGISLATION: N/A
PREVIOUS COUNCIL ACTION TAKEN: N/A
BACKGROUND: The City currently has a lease with WEB properties for about 16,000 SF of
space. This includes three office suites and the Council Chambers. The lease runs through
February 2007. In 2004, the City considered longer term City Hall options, and decided to
postpone action unless a specific proposal came to light. As a result, the City must decide on a
course of action once the lease erids in 2007.
The City also has additional space needs, even in the short term. For instance, in 2004 the City
received all of the building, planning and engineering archived records from Spokane County.
Also, the City has new staff coming on board. While we've found a way to accommodate these
changes, the setup has reached a point of inefficiency.
The current lease includes a graduated base square footage rate, effective March 1- February
28. In 2004, the rate was $14.50 SF, for 2005 it moves to $16.00 SF, and for 2006 it is $17.50
SF. The start-up leasehold improvements are in addition, and are amortized at a flat rate over
the four year term.
Staff continues to discuss various options with WEB properkies, and will provide an update at
the February 8 meeting.
RECOMMENDED ACTION OR MOTION: Provide direction to staff
BUDGET/FINANCIAL IMPACTS: The City has budgeted about $300,000 for lease costs in
2005. This includes the office space mentioned above, as well as the lease for basement
storage and the secured parking area.
STAFF CONTACT: Nina Regor, Deputy City Manager; Ken Thompson, Finance Director
~